(a) The Secretary shall include in the regulations pertaining to service-connection of disabilities (1) additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran’s service as shown by such veteran’s service record, the official history of each organization in which such veteran served, such veteran’s medical records, and all pertinent medical and lay evidence, and (2) the provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act (Public Law 98–542; 98 Stat. 2727).
(b) In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, air, or space organization of the United States during a period of war, campaign, or expedition, the Secretary shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 354; Pub. L. 94–433, title IV, § 404(20), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98–542, § 4, Oct. 24, 1984, 98 Stat. 2727; Pub. L. 102–54, § 14(b)(1), June 13, 1991, 105 Stat. 282; renumbered § 1154 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 116–283, div. A, title IX, § 926(d), Jan. 1, 2021, 134 Stat. 3831.)
Editorial Notes
References in TextSection 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act, referred to in subsec. (a), is set out below.
Amendments2021—Subsec. (b). Pub. L. 116–283 substituted “air, or space organization” for “or air organization”.
1991—Pub. L. 102–83, § 5(a), renumbered section 354 of this title as this section.
Pub. L. 102–54, § 14(b)(1)(A), inserted a comma after “place” in section catchline.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–54, § 14(b)(1)(B), inserted before period at end “(Public Law 98–542; 98 Stat. 2727)”.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1984—Subsec. (a). Pub. L. 98–542 designated existing provisions as cl. (1) and added cl. (2).
1976—Subsec. (a). Pub. L. 94–433 substituted “such veteran’s” for “his” in three places and “such veteran” for “he”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
Radiation Dose Reconstruction Program of Department of DefensePub. L. 108–183, title VI, § 601, Dec. 16, 2003, 117 Stat. 2667, as amended by Pub. L. 117–263, div. A, title VII, § 734, Dec. 23, 2022, 136 Stat. 2668, provided that:
“(a) Review of Mission, Procedures, and Administration.—(1) The Secretary of Veterans Affairs and the Secretary of Defense shall jointly conduct a review of the mission, procedures, and administration of the Radiation Dose Reconstruction Program of the Department of Defense.
“(2) In conducting the review under paragraph (1), the Secretaries shall—“(A) determine whether any additional actions are required to ensure that the quality assurance and quality control mechanisms of the Radiation Dose Reconstruction Program are adequate and sufficient for purposes of the program; and
“(B) determine the actions that are required to ensure that the mechanisms of the Radiation Dose Reconstruction Program for communication and interaction with veterans are adequate and sufficient for purposes of the program, including mechanisms to permit veterans to review the assumptions utilized in their dose reconstructions.
“(3) Not later than 90 days after the date of the enactment of this Act [Dec. 16, 2003], the Secretaries shall jointly submit to Congress a report on the review under paragraph (1). The report shall set forth—“(A) the results of the review;
“(B) a plan for any actions determined to be required under paragraph (2); and
“(C) such other recommendations for the improvement of the mission, procedures, and administration of the Radiation Dose Reconstruction Program as the Secretaries jointly consider appropriate.
“(b) On-Going Review and Oversight.—The Secretaries shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Radiation Dose Reconstruction Program.”
Review of Dose Reconstruction Program of the Defense Threat Reduction AgencyPub. L. 106–419, title III, § 305, Nov. 1, 2000, 114 Stat. 1853, provided that:
“(a) Review by National Academy of Sciences.—Not later than 30 days after the date of the enactment of this Act [Nov. 1, 2000], the Secretary of Defense shall enter into a contract with the National Academy of Sciences to carry out periodic reviews of the program of the Defense Threat Reduction Agency of the Department of Defense known as the ‘dose reconstruction program’.
“(b) Review Activities.—The periodic reviews of the dose reconstruction program under the contract under subsection (a) shall consist of the periodic selection of random samples of doses reconstructed by the Defense Threat Reduction Agency in order to determine—“(1) whether or not the reconstruction of the sampled doses is accurate;
“(2) whether or not the reconstructed dosage number is accurately reported;
“(3) whether or not the assumptions made regarding radiation exposure based upon the sampled doses are credible; and
“(4) whether or not the data from nuclear tests used by the Defense Threat Reduction Agency as part of the reconstruction of the sampled doses is accurate.
“(c) Duration of Review.—The periodic reviews under the contract under subsection (a) shall occur over a period of 24 months.
“(d) Report.—(1) Not later than 60 days after the conclusion of the period referred to in subsection (c), the National Academy of Sciences shall submit to Congress a report on its activities under the contract under this section.
“(2) The report shall include the following:“(A) A detailed description of the activities of the National Academy of Sciences under the contract.
“(B) Any recommendations that the National Academy of Sciences considers appropriate regarding a permanent system of review of the dose reconstruction program of the Defense Threat Reduction Agency.”
Ionizing Radiation RegistryPub. L. 99–576, title II, § 232, Oct. 28, 1986, 100 Stat. 3264, as amended by Pub. L. 102–83, §§ 5(c)(2), 6(h), Aug. 6, 1991, 105 Stat. 406, 408, provided that:
“(a) Establishment of Registry.—The Secretary of Veterans Affairs shall establish and maintain a special record to be known as the ‘Ionizing Radiation Registry’ (hereinafter in this section referred to as the ‘Registry’).
“(b) Content of Registry.—Except as provided in subsection (c), the Registry shall include the following information:“(1) A list containing the name of each veteran who was exposed to ionizing radiation under the conditions described in section 1710(e)(1)(B) of title 38, United States Code, and who—“(A) applies for hospital or nursing home care from the Department of Veterans Affairs under chapter 17 of such title;
“(B) files a claim for compensation under chapter 11 of such title on the basis of a disability which may be associated with the exposure to ionizing radiation; or
“(C) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of the exposure of such veteran to ionizing radiation.
“(2) Medical data relating to each veteran listed in the Registry, including—“(A) the veteran’s medical history, latest health status recorded by the Department of Veterans Affairs, physical examinations, and clinical findings; and
“(B) a statement describing birth defects, if any, in the natural children of the veteran.
“(3) Data on claims for the compensation referred to in paragraph (1), including decisions and determinations of the Department of Veterans Affairs relating to such claims.
“(4) An estimate of the dose of radiation to which each veteran listed in the Registry was exposed under the conditions described in section 1710(e)(1)(B) of such title.
“(c) Veterans Submitting Claims Before Date of Enactment.—If in the case of a veteran described in subsection (b)(1) the application or claim referred to in such subsection was submitted or filed before October 28, 1986, the Secretary shall include in the Registry, to the extent feasible, such veteran’s name and the data and information described in subsection (b) relating to the veteran.
“(d) Consolidation of Existing Information.—(1) For the purpose of establishing and maintaining the Registry, the Secretary of Veterans Affairs shall compile and consolidate—“(A) relevant information maintained by the Veterans Benefits Administration and the Veterans Health Administration of the Department of Veterans Affairs;
“(B) relevant information maintained by the Defense Nuclear Agency of the Department of Defense; and
“(C) any relevant information maintained by any other element of the Department of Veterans Affairs or the Department of Defense.
“(2) With respect to a veteran whose name is included in the Registry and for whom the information in the Registry is not complete, the Secretary of Veterans Affairs shall include information described in paragraph (1) with respect to that veteran (A) to the extent that such information is reasonably available in records of the Department of Veterans Affairs or Department of Defense, or (B) if such information is submitted by the veteran after October 28, 1986.
“(e) Department of Defense Information.—The Secretary of Defense shall furnish to the Secretary of Veterans Affairs such information maintained by the Department of Defense as the Secretary of Veterans Affairs considers necessary to establish and maintain the Registry.
“(f) Definition.—For the purpose of this section, the term ‘veteran’ has the meaning given that term in section 101(2) of title 38, United States Code, and includes a person who died in the active military, naval, or air service.
“(g) Effective Date.—The Registry shall be established not later than 180 days after the date of the enactment of this Act [Oct. 28, 1986].”
Veterans’ Dioxin and Radiation Exposure Compensation Standards; Congressional Findings and Statement of PurposePub. L. 98–542, § 1–3, Oct. 24, 1984, 98 Stat. 2725, 2727, as amended by Pub. L. 102–4, § 10(a), (b), Feb. 6, 1991, 105 Stat. 19, provided that:
[Amendment by Pub. L. 102–4 to sections 2 and 3 of Pub. L. 98–542, set out above, effective at the end of the six-month period beginning on Feb. 6, 1991, except as otherwise provided, see section 10(e) of Pub. L. 102–4, set out below under sections 5 to 7 of Pub. L. 98–542.]
Requirement for and Content of Regulations; Advisory Committee on Environmental Standards; Nuclear Radiation Matters Involving Other AgenciesPub. L. 98–542, § 5–7, Oct. 24, 1984, 98 Stat. 2727–2730, as amended by Pub. L. 100–321, § 2(c), May 20, 1988, 102 Stat. 486; Pub. L. 102–4, § 10(c), (d), Feb. 6, 1991, 105 Stat. 19, 20; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
[Pub. L. 102–4, § 10(e), Feb. 6, 1991, 105 Stat. 20, as amended by Pub. L. 102–86, title V, § 503(b)(2), Aug. 14, 1991, 105 Stat. 425, provided that:
[“(1) Except as provided in paragraph (2), the amendments made by this section [amending sections 2 and 3 of Pub. L. 98–542, set out above, and sections 5 and 6 of Pub. L. 98–542, set out above] shall take effect at the end of the two-month period beginning on the date of the enactment of the Veterans’ Benefits Programs Improvement Act of 1991 [Aug. 14, 1991].
[“(2)(A) If the Secretary of Veterans Affairs determines before the end of such period that the Environmental Hazards Advisory Committee established under section 6 of Public Law 98–542 (38 U.S.C. 354 note) [set out above] has completed its responsibilities under that section and the directives of the Secretary pursuant to the Nehmer case court order, the amendments made by this section shall take effect as of the date of such determination.
[“(B) For purposes of this paragraph, the term ‘Nehmer case court order’ means the court order dated May 2, 1989, in the case of Nehmer v. Department of Veterans Affairs, in the United States district court for the northern district of California (civil action docket number C–86–6160 TEH).
[“(3) If the Secretary makes a determination under paragraph (2), the Secretary shall promptly publish in the Federal Register a notice that such determination has been made and that such amendments have thereby taken effect as of the date of such determination.”]
Identification of Activities Involving Exposure to Ionizing Radiation Before January 1, 1970Section 10 of Pub. L. 98–542, as added by Pub. L. 102–578, § 3, Oct. 30, 1992, 106 Stat. 4774, provided that:
“(a) In General.—(1) In order to determine whether activities (other than the tests or occupation activities referred to in section 5(a)(1)(B) [probably means section 5(a)(1), set out above]) resulted in the exposure of veterans to ionizing radiation during the service of such veterans that occurred before January 1, 1970, and whether adverse health effects have been observed or may have resulted from such exposure in a significant number of such veterans, the Advisory Committee established under section 6 [set out above] shall—“(A) review all available scientific studies and other relevant information relating to the exposure of such veterans to ionizing radiation during such service;
“(B) identify any activity during which significant numbers of veterans received exposure; and
“(C) on the basis of such review, submit to the Secretary of Veterans Affairs a report containing the recommendation of the Advisory Committee on the feasibility and appropriateness for the purpose of the determination under this paragraph of any additional investigation with respect to any activity of such veterans during such service.
“(2) Upon the request of the Advisory Committee, the Secretary of Veterans Affairs (after seeking such assistance from the Secretary of Defense as is necessary and appropriate) shall make available to the Advisory Committee records and other information relating to the service referred to in paragraph (1) that may assist the Advisory Committee in carrying out the review and recommendation referred to in that paragraph.
“(3) The Advisory Committee shall submit to the Secretary of Veterans Affairs the report referred to in paragraph (1)(C) not later than August 1, 1993.
“(b) Investigation Plan and Report.—(1) Upon receipt of the report referred to in subparagraph (C) of subsection (a)(1), the Secretary of Veterans Affairs shall—“(A) identify which of the activities referred to in that subparagraph, if any, that the Secretary intends to investigate more fully for the purpose of making the determination referred to in that subsection; and
“(B) prepare a plan (including a deadline for the plan) to carry out that investigation and make that determination.
“(2) Not later than December 1, 1993, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing—“(A) a list of the activities identified by the Secretary pursuant to paragraph (1)(A) and the basis of such identification;
“(B) a copy of the report of the Advisory Committee referred to in subsection (a)(1)(C); and
“(C) the plan referred to in paragraph (1)(B).”
Interim Benefits for Disability or Death in Certain CasesPub. L. 98–542, § 9, Oct. 24, 1984, 98 Stat. 2732, provided for payment of interim monthly disability benefits to veterans who had served in Vietnam during Vietnam era and who had diseases chloracne and porphyria cutanea tarda which manifested themselves within one year after date of veteran’s most recent departure from Vietnam, but with no such interim benefits to be paid after Sept. 30, 1986.
Radiation Exposure Study and GuidePub. L. 98–160, title VI, Nov. 21, 1983, 97 Stat. 1006, as amended by Pub. L. 98–542, § 8(b), Oct. 24, 1984, 98 Stat. 2732, provided for the conduct of an epidemiological study of long-term adverse health effects of exposure to ionizing radiation from detonation of nuclear devices in connection with tests of such devices or in connection with occupation of Hiroshima and Nagasaki, Japan, between Sept. 11, 1945, and July 1, 1946, and provided for reports to Congress on studies made together with recommendations as to necessary legislation.