Presumption of Service-Connection .—
section 1110 of this titlesection 1113 of this title For the purposes of , and subject to , a disease specified in subsection (b) that becomes manifest as specified in that subsection in a veteran described in paragraph (2) shall be considered to have been incurred or aggravated in the line of duty in the active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service.
A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served in or near the Korean Demilitarized Zone (DMZ), during the period beginning on , and ending on .
Diseases .—
A disease specified in this subsection is—
section 1116 of this title a disease specified in paragraph (2) of subsection (a) of that becomes manifest as specified in that paragraph; or
any additional disease that—
pursuant to subchapter VII of this chapter, the Secretary determines in regulations warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent; and
becomes manifest within any period prescribed in such regulations.
Herbicide Agent .—
section 1821(d) of this titleFor purposes of this section, the term “herbicide agent” has the meaning given such term in .
Pub. L. 116–23, § 3(a)133 Stat. 969Pub. L. 117–168, title II, § 202(d)(2)136 Stat. 1775(Added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 117–1682022—Subsec. (b)(2)(A). inserted “pursuant to subchapter VII of this chapter,” before “the Secretary determines”.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 116–23, § 3(d)133 Stat. 970
“The amendments made by this section [enacting this section] shall take effect on .”
, , , provided that:
Implementation
Pub. L. 116–23, § 3(c)133 Stat. 970
Guidance .—
section 1116B of title 38Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement , United States Code, as added by subsection (a), before prescribing new regulations under such section.
Updates .—
section 1116B of title 38 Not later than 120 days after the date of the enactment of this Act [], the Secretary shall submit a report to the Committees on Veterans’ Affairs of the House of Representatives and the Senate regarding the plans of the Secretary to respond to inquiries from veterans regarding claims for disability compensation under , United States Code, as added by subsection (a) of this section.
On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1116B, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate updates on the status of such regulations.
Pending cases.—
Authority to stay .—
section 1116B of title 38The Secretary may stay a claim described in subparagraph (B) until the date on which the Secretary commences the implementation of , United States Code, as added by subsection (a).
Claims described .—
A claim described in this subparagraph is a claim for disability compensation—
relating to the service and diseases covered by such section 1116B; and
that is pending at the Veterans Benefits Administration or the Board of Veterans’ Appeals on or after the date of the enactment of this Act and before the date on which the Secretary commences the implementation of such section 1116B.”