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38 U.S. Code Chapter 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

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Editorial Notes
Amendments

2022—Pub. L. 117–168, § 1(b)(2), title II, §§ 202(a), 203(a), title III, §§ 302, 303, title IV, §§ 403(d), 406(b), Aug. 10, 2022, 136 Stat. 1759, 1766, 1775, 1777, 1779, 1781, 1784, added item for subchapter VII and items 1119, 1120, 1167, and 1168 and substituted “certain locations” for “the Republic of Vietnam” in item 1116.

2021—Pub. L. 117–16, § 7(a)(1), (b)(3), June 8, 2021, 135 Stat. 284, 285, renumbered item 1164 “Specialized teams to evaluate claims involving military sexual trauma” as 1166 and made technical amendment to directory language of Pub. L. 116–315, § 4101(b). See Amendment note below.

Pub. L. 116–315, title V, §§ 5501(a)(2), 5502(b), Jan. 5, 2021, 134 Stat. 5048, 5050, added item 1164 “Specialized teams to evaluate claims involving military sexual trauma” and item 1165.

Pub. L. 116–315, title IV, § 4101(b), Jan. 5, 2021, 134 Stat. 5008, as amended by Pub. L. 117–16, § 7(b)(3), June 8, 2021, 135 Stat. 285, added item 1164 “Presumptions of service-connection for Coronavirus Disease 2019”.

2019—Pub. L. 116–23, §§ 2(b), 3(b), June 25, 2019, 133 Stat. 968, 970, added items 1116A and 1116B.

2008—Pub. L. 110–389, title II, § 211(c), Oct. 10, 2008, 122 Stat. 4151, added item 1156.

2001—Pub. L. 107–103, title II, § 201(c)(2)(B), Dec. 27, 2001, 115 Stat. 988, substituted “Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure for veterans who served in the Republic of Vietnam” for “Presumptions of service connection for diseases associated with exposure to certain herbicide agents” in item 1116.

1998—Pub. L. 105–368, title X, § 1005(a), Nov. 11, 1998, 112 Stat. 3364, renumbered item 1103 “Cost-of-living adjustments” as 1104.

Pub. L. 105–277, div. C, title XVI, § 1602(a)(2), Oct. 21, 1998, 112 Stat. 2681–744, added item 1118.

Pub. L. 105–178, title VIII, § 8202(a)(2), as added by Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865, added item 1103 “Special provisions relating to claims based upon effects of tobacco products”.

1997—Pub. L. 105–33, title VIII, § 8031(a)(2), Aug. 5, 1997, 111 Stat. 668, added item 1103 “Cost-of-living adjustments”.

1994—Pub. L. 103–446, title I, § 106(a)(2), Nov. 2, 1994, 108 Stat. 4651, added item 1117.

1992—Pub. L. 102–568, title IV, § 401(d)(2), Oct. 29, 1992, 106 Stat. 4336, substituted “Trial work periods and vocational rehabilitation for certain veterans with total disability ratings” for “Temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings” in item 1163.

1991—Pub. L. 102–83, § 5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 301 to 363 as 1101 to 1163, respectively.

Pub. L. 102–4, § 2(a)(2), Feb. 6, 1991, 105 Stat. 13, added item 316.

1986—Pub. L. 99–576, title I, § 109(a)(2), Oct. 28, 1986, 100 Stat. 3253, amended item 360 generally, substituting “loss of paired organs or extremities” for “blindness or bilateral kidney involvement or bilateral deafness”.

1984—Pub. L. 98–543, title I, § 111(a)(2), Oct. 24, 1984, 98 Stat. 2739, added item 363.

1982—Pub. L. 97–295, § 4(9), Oct. 12, 1982, 96 Stat. 1305, added item 361.

1976—Pub. L. 94–433, title IV, §§ 401(1), 404(5), Sept. 30, 1976, 90 Stat. 1377, 1378, substituted “surviving spouses” for “widows” in item 302 and struck out item 356 “Minimum rating for arrested tuberculosis”.

1974—Pub. L. 93–295, title II, § 206(c), May 31, 1974, 88 Stat. 183, struck out item 343 “Conditions under which wartime rates payable”.

1972—Pub. L. 92–328, title I, §§ 103(b), 108(d), June 30, 1972, 86 Stat. 394, 396, struck out item 336 “Conditions under which wartime rates payable” and added item 362.

1970—Pub. L. 91–376, § 3(c), Aug. 12, 1970, 84 Stat. 789, inserted reference to disabilities in item 312.

1966—Pub. L. 89–358, § 7(b), Mar. 3, 1966, 80 Stat. 27, added item 337.

1965—Pub. L. 89–311, § 3(c), Oct. 31, 1965, 79 Stat. 1155, inserted reference to bilateral deafness in item 360.

1962—Pub. L. 87–610, § 2, Aug. 28, 1962, 76 Stat. 406, added item 360.

1960—Pub. L. 86–501, § 2, June 10, 1960, 74 Stat. 195, added item 359.

Statutory Notes and Related Subsidiaries
Fairly Assessing Service-Related Toxic Exposure Residuals Presumptions

Pub. L. 117–168, title VI, Aug. 10, 2022, 136 Stat. 1792, provided that:

“SEC. 601. SHORT TITLE; DEFINITIONS.
“(a) Short Title.—
This title may be cited as the ‘Fairly Assessing Service-related Toxic Exposure Residuals Presumptions Act of 2022’ or the ‘FASTER Presumption Act of 2022’.
“(b) Definitions.—
In this title, the terms ‘active military, naval, air, or space service’, ‘toxic exposure’, and ‘toxic-exposed veteran’ have the meanings given those terms in section 101 of title 38, United States Code, as amended by section 102.
“SEC. 602. PUBLICATION OF LIST OF RESOURCES OF DEPARTMENT OF VETERANS AFFAIRS FOR TOXIC-EXPOSED VETERANS AND VETERANS WHO REPORT TOXIC EXPOSURES AND OUTREACH PROGRAM FOR SUCH VETERANS AND CAREGIVERS AND SURVIVORS OF SUCH VETERANS.
“(a) Publication of List of Resources.—
“(1) In general.—Not later than one year after the date of the enactment of this Act [Aug. 10, 2022], and annually thereafter, the Secretary of Veterans Affairs shall publish a list of resources of the Department of Veterans Affairs for—
“(A)
toxic-exposed veterans and veterans who report toxic exposure;
“(B)
families and caregivers of such veterans; and
“(C)
survivors of such veterans who are receiving death benefits under the laws administered by the Secretary.
“(2) Update.—
The Secretary shall periodically update the list published under paragraph (1).
“(b) Outreach.—
The Secretary shall develop, with input from the community, an informative outreach program for veterans on illnesses that may be related to toxic exposures, including outreach with respect to benefits and support programs.
“SEC. 603. INCORPORATION OF TOXIC EXPOSURE SCREENING FOR VETERANS.
“(a) In General.—
Beginning not later than 90 days after the date of the enactment of this Act [Aug. 10, 2022], the Secretary of Veterans Affairs shall incorporate a screening to help determine potential toxic exposures during active military, naval, air, or space service as part of a health care screening furnished by the Department of Veterans Affairs to veterans enrolled in the system of annual patient enrollment of the Department established and operated under section 1705 of title 38, United States Code, to improve understanding by the Department of toxic exposures while serving in the Armed Forces.
“(b) Timing.—
The Secretary shall ensure that a veteran described in subsection (a) completes the screening required under such subsection not less frequently than once every five years.
“(c) Determination of Questions.—
“(1) In general.—
The questions included in the screening required under subsection (a) shall be determined by the Secretary with input from medical professionals.
“(2) Specific questions.—At a minimum, the screening required under subsection (a) shall, with respect to a veteran, include—
“(A)
a question about the potential exposure of the veteran to an open burn pit; and
“(B)
a question regarding toxic exposures that are commonly associated with service in the Armed Forces.
“(3) Open burn pit defined.—In this subsection, the term ‘open burn pit’ means an area of land that—
“(A)
is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and
“(B)
does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.
“(d) Print Material.—
In developing the screening established under subsection (a), the Secretary shall ensure that print materials complementary to such screening that outline related resources for veterans are available at each medical center of the Department to veterans who may not have access to the internet.
“(e) Screening Updates.—
The Secretary shall consider updates to the content of the screening required under subsection (a) not less frequently than biennially to ensure the screening contains the most current information.
“SEC. 604. TRAINING FOR PERSONNEL OF THE DEPARTMENT OF VETERANS AFFAIRS WITH RESPECT TO VETERANS WHO REPORT TOXIC EXPOSURES.
“(a) Health Care Personnel.—
The Secretary of Veterans Affairs shall provide to health care personnel of the Department of Veterans Affairs education and training to identify, treat, and assess the impact on veterans of illnesses related to toxic exposures and inform such personnel of how to ask for additional information from veterans regarding different toxic exposures.
“(b) Benefits Personnel.—
“(1) In general.—
The Secretary shall incorporate a training program for processors of claims under the laws administered by the Secretary who review claims for disability benefits relating to service-connected disabilities based on toxic exposures.
“(2) Annual training.—
Training provided to processors under paragraph (1) shall be provided not less frequently than annually.”