
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-103 Section 202(b)(2)]
[Document affected by Public Law 107-103 Section 202(d)(1)]
[CITE: 38USC1118]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
             SUBCHAPTER II--WARTIME DISABILITY COMPENSATION
 
Sec. 1118. Presumptions of service connection for illnesses 
        associated with service in the Persian Gulf during the Persian 
        Gulf War
        
    (a)(1) For purposes of section 1110 of this title, and subject to 
section 1113 of this title, each illness, if any, described in paragraph 
(2) shall be considered to have been incurred in or aggravated by 
service referred to in that paragraph, notwithstanding that there is no 
record of evidence of such illness during the period of such service.
    (2) An illness referred to in paragraph (1) is any diagnosed or 
undiagnosed illness that--
        (A) the Secretary determines in regulations prescribed under 
    this section to warrant a presumption of service connection by 
    reason of having a positive association with exposure to a 
    biological, chemical, or other toxic agent, environmental or wartime 
    hazard, or preventive medicine or vaccine known or presumed to be 
    associated with service in the Armed Forces in the Southwest Asia 
    theater of operations during the Persian Gulf War; and
        (B) becomes manifest within the period, if any, prescribed in 
    such regulations in a veteran who served on active duty in that 
    theater of operations during that war and by reason of such service 
    was exposed to such agent, hazard, or medicine or vaccine.

    (3) For purposes of this subsection, a veteran who served on active 
duty in the Southwest Asia theater of operations during the Persian Gulf 
War and has an illness described in paragraph (2) shall be presumed to 
have been exposed by reason of such service to the agent, hazard, or 
medicine or vaccine associated with the illness in the regulations 
prescribed under this section unless there is conclusive evidence to 
establish that the veteran was not exposed to the agent, hazard, or 
medicine or vaccine by reason of such service.
    (b)(1)(A) Whenever the Secretary makes a determination described in 
subparagraph (B), the Secretary shall prescribe regulations providing 
that a presumption of service connection is warranted for the illness 
covered by that determination for purposes of this section.
    (B) A determination referred to in subparagraph (A) is a 
determination based on sound medical and scientific evidence that a 
positive association exists between--
        (i) the exposure of humans or animals to a biological, chemical, 
    or other toxic agent, environmental or wartime hazard, or preventive 
    medicine or vaccine known or presumed to be associated with service 
    in the Southwest Asia theater of operations during the Persian Gulf 
    War; and
        (ii) the occurrence of a diagnosed or undiagnosed illness in 
    humans or animals.

    (2)(A) In making determinations for purposes of paragraph (1), the 
Secretary shall take into account--
        (i) the reports submitted to the Secretary by the National 
    Academy of Sciences under section 1603 of the Persian Gulf War 
    Veterans Act of 1998; and
        (ii) all other sound medical and scientific information and 
    analyses available to the Secretary.

    (B) In evaluating any report, information, or analysis for purposes 
of making such determinations, the Secretary shall take into 
consideration whether the results are statistically significant, are 
capable of replication, and withstand peer review.
    (3) An association between the occurrence of an illness in humans or 
animals and exposure to an agent, hazard, or medicine or vaccine shall 
be considered to be positive for purposes of this subsection if the 
credible evidence for the association is equal to or outweighs the 
credible evidence against the association.
    (c)(1) Not later than 60 days after the date on which the Secretary 
receives a report from the National Academy of Sciences under section 
1603 of the Persian Gulf War Veterans Act of 1998, the Secretary shall 
determine whether or not a presumption of service connection is 
warranted for each illness, if any, covered by the report.
    (2) If the Secretary determines under this subsection that a 
presumption of service connection is warranted, the Secretary shall, not 
later than 60 days after making the determination, issue proposed 
regulations setting forth the Secretary's determination.
    (3)(A) If the Secretary determines under this subsection that a 
presumption of service connection is not warranted, the Secretary shall, 
not later than 60 days after making the determination, publish in the 
Federal Register a notice of the determination. The notice shall include 
an explanation of the scientific basis for the determination.
    (B) If an illness already presumed to be service connected under 
this section is subject to a determination under subparagraph (A), the 
Secretary shall, not later than 60 days after publication of the notice 
under that subparagraph, issue proposed regulations removing the 
presumption of service connection for the illness.
    (4) Not later than 90 days after the date on which the Secretary 
issues any proposed regulations under this subsection, the Secretary 
shall issue final regulations. Such regulations shall be effective on 
the date of issuance.
    (d) Whenever the presumption of service connection for an illness 
under this section is removed under subsection (c)--
        (1) a veteran who was awarded compensation for the illness on 
    the basis of the presumption before the effective date of the 
    removal of the presumption shall continue to be entitled to receive 
    compensation on that basis; and
        (2) a survivor of a veteran who was awarded dependency and 
    indemnity compensation for the death of a veteran resulting from the 
    illness on the basis of the presumption before that date shall 
    continue to be entitled to receive dependency and indemnity 
    compensation on that basis.

    (e) Subsections (b) through (d) shall cease to be effective 10 years 
after the first day of the fiscal year in which the National Academy of 
Sciences submits to the Secretary the first report under section 1603 of 
the Persian Gulf War Veterans Act of 1998.

(Added Pub. L. 105-277, div. C, title XVI, Sec. 1602(a)(1), oct. 21, 
1998, 112 Stat. 2681-742.)

                       References in Text

    Section 1603 of the Persian Gulf War Veterans Act of 1998, referred 
to in subsecs. (b)(2)(A)(i), (c)(1), and (e), is section 1603 of Pub. L. 
105-277, which is set out in a note under section 1117 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1113, 1117 of this title.
