Presumption of Service Connection .—
section 1110 of this titlesection 1113 of this titleFor the purposes of , and subject to , a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease during the period of such service.
Diseases Specified .—
The diseases specified in this subsection are the following:
Asthma that was diagnosed after service of the covered veteran as specified in subsection (c).
The following types of cancer:
Head cancer of any type.
Neck cancer of any type.
Respiratory cancer of any type.
Gastrointestinal cancer of any type.
Reproductive cancer of any type.
Lymphoma cancer of any type.
Kidney cancer.
Brain cancer.
Melanoma.
Pancreatic cancer.
Chronic bronchitis.
Chronic obstructive pulmonary disease.
Constrictive bronchiolitis or obliterative bronchiolitis.
Emphysema.
Granulomatous disease.
Interstitial lung disease.
Pleuritis.
Pulmonary fibrosis.
Sarcoidosis.
Chronic sinusitis.
Chronic rhinitis.
Glioblastoma.
section 1119(b)(2) of this title Any other disease for which the Secretary determines, pursuant to regulations prescribed under subchapter VII that a presumption of service connection is warranted based on a positive association with a substance, chemical, or airborne hazard identified in the list under .
Covered Veteran Defined .—
section 1119(c) of this titleIn this section, the term “covered veteran” has the meaning given that term in .
Pub. L. 117–168, title IV, § 406(b)136 Stat. 1784Pub. L. 117–263, div. E, title LI, § 5124(a)136 Stat. 3211(Added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 117–2632022—Subsec. (b)(2)(G) to (K). redesignated subpars. (H) to (K) as (G) to (J), respectively, and struck out former subpar. (G) which read as follows: “Lymphomatic cancer of any type.”
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–263, div. E, title LI, § 5124(d)136 Stat. 3211
Public Law 117–168“The amendments made by this section [amending this section and sections 8103 and 8104 of this title] shall take effect as if included in the enactment of the Honoring our PACT Act of 2022 ().”
, , , provided that:
Effective Date
Pub. L. 117–168, title IV, § 406(d)136 Stat. 1784
section 1113 of this title“The amendments made by this section [enacting this section and amending ] shall take effect on the date of the enactment of this Act [] and shall apply as follows:“(1)“(A) “(B) “(C) “(D) “(E)
“(2) “(3) “(4) “(5)
, , , provided that:
On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and veterans whom the Secretary of Veterans Affairs determines are—
terminally ill;
homeless;
under extreme financial hardship;
more than 85 years old; or
capable of demonstrating other sufficient cause.
section 1120(b) of title 38 On the date of the enactment of this Act for everyone not described in paragraph (1), with respect to paragraphs (1), (2)(C), (2)(I) [now (2)(H)], (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14), of , United States Code, as added by subsection (b).
On , for everyone not described in paragraph (1), with respect to paragraphs (3) and (4) of section 1120(b) of such title, as so added.
On , for everyone not described in paragraph (1), with respect to subparagraphs (A), (B), (D), (E), (F), [former] (G), and (K) [now (J)] of section 1120(b)(2) of such title, as so added.
On , for everyone not described in paragraph (1), with respect to subparagraphs (H) [now (G)] and (J) [now (I)] of section 1120(b)(2) of such title, as so added.”