---
kind: "section"
citation: "38 U.S.C. § 1119"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1119"
heading: "Presumptions of toxic exposure"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1119"
units:
  - "Part II — General Benefits"
  - "Chapter 11 — Compensation for Service-Connected Disability or Death"
  - "Subchapter II — Wartime Disability Compensation"
---

# §1119. Presumptions of toxic exposure

- (a) **Consideration of Records.—** If a [veteran](/usc/38/1101.md?p=1) submits to the [Secretary](/usc/38/101.md?p=1) a claim for [compensation](/usc/38/101.md?p=13) for a [service-connected](/usc/38/101.md?p=16) [disability](/usc/38/1701.md?p=1) under [section 1110 of this title](/usc/38/1110.md) with evidence of a [disability](/usc/38/1701.md?p=1) and a [toxic exposure](/usc/38/101.md?p=37) that occurred during [active military, naval, air, or space service](/usc/38/101.md?p=24), the [Secretary](/usc/38/101.md?p=1) may, in adjudicating such claim, consider—
  - (1) any record of the [veteran](/usc/38/1101.md?p=1) in an exposure tracking record system; and
  - (2) if no record of the [veteran](/usc/38/1101.md?p=1) in an exposure tracking record system indicates that the [veteran](/usc/38/1101.md?p=1) was subject to a [toxic exposure](/usc/38/101.md?p=37) during [active military, naval, air, or space service](/usc/38/101.md?p=24), the totality of the circumstances of the service of the [veteran](/usc/38/1101.md?p=1).
- (b) **Presumption of Specific Toxic Exposure for Members Who Served in Certain Locations.—**
  - (1) The [Secretary](/usc/38/101.md?p=1) shall, for purposes of [section 1110](/usc/38/1110.md) and [chapter 17](/usc/38/chptII/ch17.md) of this title, presume that any [covered veteran](/usc/38/1831.md?p=3) was exposed to the substances, chemicals, and airborne hazards identified in the list under [paragraph (2)](#b-2) during the service of the [covered veteran](/usc/38/1831.md?p=3) specified in [subsection (c)(1)](#c-1), unless there is affirmative evidence to establish that the [covered veteran](/usc/38/1831.md?p=3) was not exposed to any such substances, chemicals, or hazards in connection with such service.
  - (2) The [Secretary](/usc/38/101.md?p=1) shall—
    - (A) establish and maintain a list that contains an identification of one or more such substances, chemicals, and airborne hazards as the [Secretary](/usc/38/101.md?p=1), in collaboration with the [Secretary](/usc/38/101.md?p=1) of Defense, may determine appropriate for purposes of this section; and
    - (B) determine, using procedures consistent with [section 1172 of this title](/usc/38/1172.md) and through the conduct of a formal evaluation under [section 1173 of this title](/usc/38/1173.md), whether to establish an end date for a [covered veteran](/usc/38/1831.md?p=3) to qualify for presumptions of exposure under this section, if appropriate, but in no case establish an end date earlier than the last day of the period specified in [section 101(33)](/usc/38/101.md?p=33) for the [Persian Gulf War](/usc/38/101.md?p=33).
  - (3) Beginning not later than two years after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, and not less frequently than once every two years thereafter, the [Secretary](/usc/38/101.md?p=1) shall submit to the Committee on [Veterans](/usc/38/1101.md?p=1)’ Affairs of the Senate and the Committee on [Veterans](/usc/38/1101.md?p=1)’ Affairs of the House of Representatives a report identifying any additions or removals to the list under [paragraph (2)](#b-2) during the period covered by the report.
- (c) **Definitions.—** In this section:
  - (1) The term “[covered veteran](/usc/38/1831.md?p=3)” means any [veteran](/usc/38/1101.md?p=1) who—
    - (A) on or after August 2, 1990, performed [active military, naval, air, or space service](/usc/38/101.md?p=24) while assigned to a duty station in, including airspace above—
      - (i) Bahrain;
      - (ii) Iraq;
      - (iii) Kuwait;
      - (iv) Oman;
      - (v) Qatar;
      - (vi) Saudi Arabia;
      - (vii) Somalia; or
      - (viii) United Arab Emirates; or
    - (B) on or after September 11, 2001, performed [active military, naval, air, or space service](/usc/38/101.md?p=24) while assigned to a duty station in, including airspace above—
      - (i) Afghanistan;
      - (ii) Djibouti;
      - (iii) Egypt;
      - (iv) Jordan;
      - (v) Lebanon;
      - (vi) Syria;
      - (vii) Yemen;
      - (viii) Uzbekistan; or
      - (ix) any other country determined relevant by the [Secretary](/usc/38/101.md?p=1).
  - (2) The term “exposure tracking record system”—
    - (A) means any system, program, or pilot program used by the [Secretary](/usc/38/101.md?p=1) of [Veterans](/usc/38/1101.md?p=1) Affairs or the [Secretary](/usc/38/101.md?p=1) of Defense to track how [veterans](/usc/38/1101.md?p=1) or members of the [Armed Forces](/usc/38/101.md?p=10) have been exposed to various occupational or environmental hazards; and
    - (B) includes the [Individual Longitudinal Exposure Record](/usc/38/1171.md?p=b-2), or successor system.
  - (3) The term “[toxic exposure](/usc/38/101.md?p=37) risk activity” has the meaning given such term in [section 1710(e)(4) of this title](/usc/38/1710.md?p=e-4).

## Source credit

(Added Pub. L. 117–168, title III, § 302, Aug. 10, 2022, 136 Stat. 1777.)

## Notes

### Editorial Notes

### References in Text

The date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b)(3), is the date of enactment of Pub. L. 117–168, which was approved Aug. 10, 2022.