---
kind: "section"
citation: "38 U.S.C. § 1174"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1174"
heading: "Regulations regarding presumptions of service connection based on toxic exposure"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1174"
units:
  - "Part II — General Benefits"
  - "Chapter 11 — Compensation for Service-Connected Disability or Death"
  - "Subchapter VII — Determinations Relating to Presumptions of Service Connection Based on Toxic Exposure"
---

# §1174. Regulations regarding presumptions of service connection based on toxic exposure

- (a) **Action Upon Recommendation.—** Not later than 160 days after the date on which the [Secretary](/usc/38/101.md?p=1) receives a recommendation to establish or modify a presumption of service connection under [section 1173 of this title](/usc/38/1173.md)—
  - (1) if the [Secretary](/usc/38/101.md?p=1) determines, in the discretion of the [Secretary](/usc/38/101.md?p=1), that the presumption, or modification, is warranted, the [Secretary](/usc/38/101.md?p=1) shall—
    - (A) commence issuing regulations in accordance with the provisions of subchapter II of [chapter 5](/usc/5/chptI/ch5.md) of title 5 (commonly referred to as the Administrative Procedures Act) setting forth the presumption or commence revising regulations to carry out such modification; and
    - (B) include in such regulations any time frame during which a health effect must become manifest; or
  - (2) if the [Secretary](/usc/38/101.md?p=1) determines, in the discretion of the [Secretary](/usc/38/101.md?p=1), that the presumption, or modification, is not warranted, the [Secretary](/usc/38/101.md?p=1) shall publish in the Federal Register a notice of the determination, including the reasons supporting the determination.
- (b) **Removal of Presumption.—**
  - (1)
    - (A) The [Secretary](/usc/38/101.md?p=1) may—
      - (i) issue a regulation to remove an [illness](/usc/38/1171.md?p=b-1) from a presumption of service connection previously established pursuant to a regulation issued under [subsection (a)](#a); and
      - (ii) issue a regulation to remove a presumption of service connection established pursuant to title IV of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 if the [Secretary](/usc/38/101.md?p=1) concludes that evidence suggests the lack of a positive association between the disease and the [toxic exposure](/usc/38/101.md?p=37).
    - (B) Under [subparagraph (A)(ii)](#b-1-A-ii), the [Secretary](/usc/38/101.md?p=1) shall not consider the lack of evidence as sufficient to support a decision for removal of a presumption.
  - (2) Whenever an [illness](/usc/38/1171.md?p=b-1) is removed from regulations pursuant to [paragraph (1)](#b-1), or the periods and locations of exposure covered by a presumption of service connection are modified under [subsection (a)](#a)—
    - (A) a [veteran](/usc/38/1101.md?p=1) who was awarded [compensation](/usc/38/101.md?p=13) under [chapter 11](/usc/38/chptII/ch11.md) of this title for such [illness](/usc/38/1171.md?p=b-1) on the basis of the presumption provided under such regulations before the effective date of the removal or modification shall continue to be entitled to receive [compensation](/usc/38/101.md?p=13) on that basis;
    - (B) a survivor of a [veteran](/usc/38/1101.md?p=1) who was awarded [dependency and indemnity compensation](/usc/38/101.md?p=14) under [chapter 13](/usc/38/chptII/ch13.md) of this title for the death of a [veteran](/usc/38/1101.md?p=1) resulting from such [illness](/usc/38/1171.md?p=b-1) on the basis of such presumption shall continue to be entitled to receive [dependency and indemnity compensation](/usc/38/101.md?p=14) on such basis; and
    - (C) no [veteran](/usc/38/1101.md?p=1) or survivor covered under subparagraph [(A)](#b-2-A) or [(B)](#b-2-B) shall have their [compensation](/usc/38/101.md?p=13) reduced solely because of the removal of an [illness](/usc/38/1171.md?p=b-1) pursuant to [paragraph (1)](#b-1).

## Source credit

(Added Pub. L. 117–168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1770.)

## Notes

### Editorial Notes

### References in Text

Title IV of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b)(1)(A)(ii), is title IV of Pub. L. 117–168, Aug. 10, 2022, 136 Stat. 1780, which enacted section 1120 of this title, amended sections 1112, 1113, 1116, 1117, and 1710 of this title, and enacted provisions set out as notes under sections 101, 1116, and 1120 of this title. For complete classification of title IV to the Code, see Tables.