38 USC 1116B - Presumption of herbicide exposure for certain veterans who served in Korea

U.S Code last checked for updates: Nov 22, 2024

§ 1116B.

Presumption of herbicide exposure for certain veterans who served in Korea

(a)

Presumption of Service-Connection.—

(1)

For the purposes of section 1110 of this title, and subject to section 1113 of this title, 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.

(2)

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 September 1, 1967, and ending on August 31, 1971.

(b)

Diseases.—

A disease specified in this subsection is—

(1)

a disease specified in paragraph (2) of subsection (a) of section 1116 of this title that becomes manifest as specified in that paragraph; or

(2)

any additional disease that—

(A)

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

(B)

becomes manifest within any period prescribed in such regulations.

(c)

Herbicide Agent.—

For purposes of this section, the term “herbicide agent” has the meaning given such term in section 1821(d) of this title.

(Added Pub. L. 116–23, § 3(a), June 25, 2019, 133 Stat. 969; amended Pub. L. 117–168, title II, § 202(d)(2), Aug. 10, 2022, 136 Stat. 1775.)

cite as: 38 USC 1116B