been incurred or aggravated in active military, naval, or air service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this title. (Added Pub. L. 105-178, title VIII, §8202(a)(1), as added Pub. L. 105-206, title IX, §9014(a), July 22, 1998, 112 Stat. 865.) PRIOR PROVISIONS A prior section 1103 was renumbered section 1104 of this title. EFFECTIVE DATE Title IX of Pub. L. 105-206 effective simultaneously with enactment of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at time of enactment, see section 9016 of Pub. L. 105-206, set out as an Effective Date of 1998 Amendment note under section 101 of Title 23, Highways. Pub. L. 105-178, title VIII, §8202(b), as amended by Pub. L. 105-206, title IX, §9014(a), July 22, 1998, 112 Stat. 865, provided that: "Section 1103 of title 38, United States Code, as added by subsection (a), shall apply with respect to claims received by the Secretary of Veterans Affairs after the date of the enactment of this Act [June 9, 1998]." $1104. Cost-of-living adjustments (a) In the computation of cost-of-living adjustments for fiscal years 1998 through 2002 in the rates of, and dollar limitations applicable to, compensation payable under this chapter, such adjustments shall be made by a uniform percentage that is no more than the percentage equal to the social security increase for that fiscal year, with all increased monthly rates and limitations (other than increased rates or limitations equal to a whole dollar amount) rounded down to the next lower whole dollar amount. (b) For purposes of this section, the term "social security increase" means the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (Added Pub. L. 105-33, title VIII, § 8031(a)(1), Aug. 5, 1997, 111 Stat. 668, §1103; renumbered §1104, Pub. L. 105-368, title X, § 1005(a), Nov. 11, 1998, 112 Stat. 3364.) REFERENCES IN TEXT The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 1998-Pub. L. 105-368 renumbered section 1103 of this title as this section. SUBCHAPTER II-WARTIME DISABILITY COMPENSATION § 1110. Basic entitlement [See main edition for text] (As amended Pub. L. 105-178, title VIII, § 8202(a), June 9, 1998, 112 Stat. 492; Pub. L. 105-206, title IX, §9014(a), July 22, 1998, 112 Stat. 865.) AMENDMENTS 1998-Pub. L. 105-178, which directed the substitution of ", abuse of alcohol or drugs, or use of tobacco products" for "or abuse of alcohol or drugs" before the period at end, was amended generally by Pub. L. 105–206, which provided that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made. See Effective Date of 1998 Amendment note below. EFFECTIVE DATE OF 1998 AMENDMENT Title IX of Pub. L. 105-206 effective simultaneously with enactment of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at time of enactment, and provisions of Pub. L. 105-178 as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105-206 to be treated as not enacted, see section 9016 of Pub. L. 105-206, set out as a note under section 101 of Title 23, Highways. CONSTRUCTION OF 1998 AMENDMENT Pub. L. 105-206, title IX, §9014(a), July 22, 1998, 112 Stat. 865, provided that section 8202 of Pub. L. 105-178 is amended generally and that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1111, 1112, 1114, 1116, 1118 of this title. § 1112. Presumptions relating to certain diseases and disabilities [See main edition for text of (a) and (b)] (c) [See main edition for text of (1)] (2) The diseases referred to in paragraph (1) of this subsection are the following: [See main edition for text of (A) to (O)] (P) Bronchiolo-alveolar carcinoma. [See main edition for text of (3)] (As amended Pub. L. 106-117, title V, §503, Nov. 30, 1999, 113 Stat. 1575.) AMENDMENTS 1999 Subsec. (c)(2)(P). Pub. L. 106-117 added subpar. (P). SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1103, 1113, 1137. 1710 of this title. § 1113. Presumptions rebuttable (a) Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the diseases or disabilities within the purview of section 1112, 1116, 1117, or 1118 of this title, has been suffered between the date of separation from service and the onset of any such diseases or disabilities, or the disability is due to the veteran's own willful misconduct, service-connection pursuant to section 1112, 1116, or 1118 of this title, or payments of compensation pursuant to section 1117 of this title, will not be in order. (b) Nothing in section 1112, 1116, 1117, or 1118 of this title, subsection (a) of this section, or section 5 of Public Law 98-542 (38 U.S.C. 1154 note) shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, or air service. (As amended Pub. L. 105-277, div. C, title XVI, § 1602(b), Oct. 21, 1998, 112 Stat. 2681-744.) AMENDMENTS 1998 Subsec. (a). Pub. L. 105-277 substituted "1117, or 1118" for "or 1117" and ", 1116, or 1118" for "or 1116". Subsec. (b). Pub. L. 105-277, §1602(b)(1), substituted "1117, or 1118" for "or 1117". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1112, 1116, 1118, 1137 of this title. § 1114. Rates of wartime disability compensation For the purposes of section 1110 of this title(a) if and while the disability is rated 10 percent the monthly compensation shall be $98; (b) if and while the disability is rated 20 percent the monthly compensation shall be $188; (c) if and while the disability is rated 30 percent the monthly compensation shall be $288; (d) if and while the disability is rated 40 percent the monthly compensation shall be $413; (e) if and while the disability is rated 50 percent the monthly compensation shall be $589; (f) if and while the disability is rated 60 percent the monthly compensation shall be $743; (g) if and while the disability is rated 70 percent the monthly compensation shall be $937; (h) if and while the disability is rated 80 percent the monthly compensation shall be $1,087; (i) if and while the disability is rated 90 percent the monthly compensation shall be $1,224; (j) if and while the disability is rated as total the monthly compensation shall be $2,036; (k) if the veteran, as the result of serviceconnected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, or has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, the rate of compensation therefor shall be $76 per month for each such loss or loss of use independent of any other compensation provided in subsections (a) through (j) or subsection (s) of this section but in no event to exceed $2,533 per month; and in the event the veteran has suffered one or more of the disabilities heretofore specified in this subsection, in addition to the requirement for any of the rates specified in subsections (1) through (n) of this section, the rate of compensation shall be increased by $76 per month for each such loss or loss of use, but in no event to exceed $3,553 per month; (1) if the veteran, as the result of serviceconnected disability, has suffered the anatomical loss or loss of use of both feet, or of one hand and one foot, or is blind in both eyes, with 5/200 visual acuity or less, or is permanently bedridden or so helpless as to be in need of regular aid and attendance, the monthly compensation shall be $2,553; (m) if the veteran, as the result of serviceconnected disability, has suffered the anatom ical loss or loss of use of both hands, or of both legs at a level, or with complications, preventing natural knee action with prostheses in place, or of one arm and one leg at levels, or with complications, preventing natural elbow and knee action with prostheses in place, or has suffered blindness in both eyes having only light perception, or has suffered blindness in both eyes, rendering such veteran so helpless as to be in need of regular aid and attendance, the monthly compensation shall be $2,794; (n) if the veteran, as the result of serviceconnected disability, has suffered the anatomical loss or loss of use of both arms at levels, or with complications, preventing natural elbow action with prostheses in place, has suffered the anatomical loss of both legs so near the hip as to prevent the use of prosthetic appliances, or has suffered the anatomical loss of one arm and one leg so near the shoulder and hip as to prevent the use of prosthetic appliances, or has suffered the anatomical loss of both eyes, or has suffered blindness without light perception in both eyes, the monthly compensation shall be $3,179; (0) if the veteran, as the result of serviceconnected disability, has suffered disability under conditions which would entitle such veteran to two or more of the rates provided in one or more subsections (1) through (n) of this section, no condition being considered twice in the determination, or if the veteran has suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 60 percent or more disabling and the veteran has also suffered service-connected total blindness with 5/200 visual acuity or less, or if the veteran has suffered service-connected total deafness in one ear or bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 40 percent or more disabling and the veteran has also suffered service-connected blindness having only light perception or less, or if the veteran has suffered the anatomical loss of both arms so near the shoulder as to prevent the use of prosthetic appliances, the monthly compensation shall be $3,553; (p) in the event the veteran's service-connected disabilities exceed the requirements for any of the rates prescribed in this section, the Secretary may allow the next higher rate or an intermediate rate, but in no event in excess of $3,553. In the event the veteran has suffered service-connected blindness with 5/200 visual acuity or less and (1) has also suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at no less than 30 percent disabling, the Secretary shall allow the next higher rate, or (2) has also suffered service-connected total deafness in one ear or service-connected anatomical loss or loss of use of one hand or one foot, the Secretary shall allow the next intermediate rate, but in no event in excess of $3,553. In the event the veteran has suffered service-connected blindness, having only light perception or less, and has also suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 10 or 20 percent disabling, the Secretary shall allow the next intermediate rate, but in no event in excess of $3,553. In the event the veteran has suffered the anatomical loss or loss of use, or a combination of anatomical loss and loss of use, of three extremities, the Secretary shall allow the next higher rate or intermediate rate, but in no event in excess of $3,553. Any intermediate rate under this subsection shall be established at the arithmetic mean, rounded down to the nearest dollar, between the two rates concerned; [(q) Repealed. Pub. L. 90-493, §4(a), Aug. 19, 1968, 82 Stat. 809.] (r) Subject to section 5503(e) of this title, if any veteran, otherwise entitled to compensation authorized under subsection (o) of this section, at the maximum rate authorized under subsection. (p) of this section, or at the intermediate rate authorized between the rates authorized under subsections (n) and (0) of this section and at the rate authorized under subsection (k) of this section, is in need of regular aid and attendance, then, in addition to such compensation— (1) the veteran shall be paid a monthly aid and attendance allowance at the rate of $1,525; or (2) if the veteran, in addition to such need for regular aid and attendance, is in need of a higher level of care, such veteran shall be paid a monthly aid and attendance allowance at the rate of $2,271, in lieu of the allowance authorized in clause (1) of this subsection, if the Secretary finds that the veteran, in the absence of the provision of such care, would require hospitalization, nursing home care, or other residential institutional care. For the purposes of clause (2) of this subsection, need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. The existence of the need for such care shall be determined by a physician employed by the Department or, in areas where no such physician is available, by a physician carrying out such function under contract or fee arrangement based on an examination by such physician. For the purposes of section 1134 of this title, such allowance shall be considered as additional compensation payable for disability. (s) If the veteran has a service-connected disability rated as total, and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or, (2) by reason of such veteran's service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $2,280. For the purpose of this subsection, the requirement of "permanently housebound" will be considered to have been met when the veteran is substantially confined to such veteran's house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout such veteran's lifetime. (As amended Pub. L. 105-98, §2(a), Nov. 19, 1997, 111 Stat. 2155; Pub. L. 106–118, §2(a), Nov. 30, 1999, 113 Stat. 1601.) AMENDMENTS 1999 Subsec. (a). Pub. L. 106–118, §2(a)(1), substituted "$98" for "$95". Subsec. (b). Pub. L. 106–118, §2(a)(2), substituted "$188" for "$182". Subsec. (c). Pub. L. 106-118, §2(a)(3), substituted "$288" for "$279”. Subsec. (d). Pub. L. 106-118, §2(a)(4), substituted "$413" for "$399”. Subsec. (e). Pub. L. 106-118, §2(a)(5), substituted "$589" for "$569". Subsec. (f). Pub. L. 106-118, §2(a)(6), substituted "$743" for "$717”. Subsec. (g). Pub. L. 106-118, §2(a)(7), substituted "$937" for "$905”. Subsec. (h). Pub. L. 106-118, §2(a)(8), substituted "$1,087" for "$1,049". Subsec. (i). Pub. L. 106-118, §2(a)(9), substituted "$1,224" for "$1,181". Subsec. (j). Pub. L. 106–118, §2(a)(10), substituted "$2,036" for "$1,964". Subsec. (k). Pub. L. 106-118, §2(a)(11), substituted "$76" for "$75" in two places and substituted “$2,533” and "$3,553" for "$2,443" and "$3,426", respectively. Subsec. (1). Pub. L. 106-118, §2(a)(12), substituted "$2,533" for “$2,443”. Subsec. (m). Pub. L. 106-118, §2(a)(13), substituted "$2,794" for "$2,694". Subsec. (n). Pub. L. 106–118, §2(a)(14), substituted "$3,179" for "$3,066". Subsecs. (0), (p). Pub. L. 106-118, §2(a)(15), substituted "$3,553" for "$3,426" wherever appearing. Subsec. (r). Pub. L. 106-118, §2(a)(16), substituted "$1,525" and "$2,271” for “$1,471” and “$2,190", respectively. Subsec. (s). Pub. L. 106-118, §2(a)(17), substituted "$2,280" for "$2,199". 1997-Subsec. (a). Pub. L. 105–98, §2(a)(1), substituted "$95" for "$87". Subsec. (b). Pub. L. 105-98, §2(a)(2), substituted "$182” for "$166". Subsec. (c). Pub. L. 105-98, §2(a)(3), substituted “$279" for "$253". Subsec. (d). Pub. L. 105-98, §2(a)(4), substituted "$399" for "$361". Subsec. (e). Pub. L. 105-98, §2(a)(5), substituted "$569" for "$515". Subsec. (f). Pub. L. 105-98, §2(a)(6), substituted "$717” for "$648". Subsec. (g). Pub. L. 105-98, §2(a)(7), substituted "$905" for "$819". Subsec. (h). Pub. L. 105-98, §2(a)(8), substituted "$1,049" for "$948". Subsec. (i). Pub. L. 105-98, §2(a)(9), substituted "$1,181" for "$1,067". Subsec. (j). Pub. L. 105-98, §2(a)(10), substituted "$1,964" for "$1,774". Subsec. (k). Pub. L. 105-98, §2(a)(11), substituted "$75" for "$70" in two places and substituted "$2,443" and "$3,426" for "$2,207” and “$3,093", respectively. Subsec. (1). Pub. L. 105-98, §2(a)(12), substituted "$2,443" for "$2,207". Subsec. (m). Pub. L. 105-98, §2(a)(13), substituted "$2,694" for "$2,432". Subsec. (n). Pub. L. 105-98, §2(a)(14), substituted "$3,066" for "$2,768". Subsecs. (0), (p). Pub. L. 105-98, §2(a)(15), substituted "$3.426" for "$3,093" wherever appearing. Subsec. (r). Pub. L. 105–98, §2(a)(16), substituted "$1,471" and "$2,190" for "$1,328" and "$1,978", respectively. Subsec. (s). Pub. L. 105-98, §2(a)(17), substituted "$2,199" for "$1,985". EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-118, §7, Nov. 30, 1999, 113 Stat. 1603, provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 1999." EFFECTIVE DATE OF 1997 AMENDMENT Section 7 of Pub. L. 105-98 provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 1997." DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION RATE INCREASES Pub. L. 105-368, title XI, §§1101(a)–(c), 1102, Nov. 11, 1998, 112 Stat. 3366, 3367, provided that: "SEC. 1101. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. "(a) RATE ADJUSTMENT.-The Secretary of Veterans Affairs shall, effective on December 1, 1998, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b). "(b) AMOUNTS TO BE INCREASED.-The dollar amounts to be increased pursuant to subsection (a) are the following: "(1) COMPENSATION.-Each of the dollar amounts in effect under section 1114 of title 38, United States Code. **(2) ADDITIONAL COMPENSATION FOR DEPENDENTS.Each of the dollar amounts in effect under section 1115(1) of such title. "(3) CLOTHING ALLOWANCE.-The dollar amount in effect under section 1162 of such title. "(4) NEW DIC RATES.-The dollar amounts in effect under paragraphs (1) and (2) of section 1311(a) of such title. “(5) OLD DIC RATES.-Each of the dollar amounts in effect under section 1311(a)(3) of such title. “(6) ADDITIONAL DIC FOR SURVIVING SPOUSES WITH MINOR CHILDREN.-The dollar amount in effect under section 1311(b) of such title. "(7) ADDITIONAL DIC FOR DISABILITY.-The dollar amounts in effect under sections 1311(c) and 1311(d) of such title. "(8) DIC FOR DEPENDENT CHILDREN.-The dollar amounts in effect under sections 1313(a) and 1314 of such title. "(c) DETERMINATION OF INCREASE.-(1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 1998. "(2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1998, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). "(3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount. "SEC. 1102. PUBLICATION OF ADJUSTED RATES. "At the same time as the matters specified in section 215(1)(2)(D) of the Social Security Act (42 U.S.C. 415(1)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 1998, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b) of section 1101, as increased pursuant to that section." Similar provisions were contained in the following acts: Pub. L. 104-263, §2(a), (c), Oct. 9, 1996, 110 Stat. 3212. Pub. L. 104-57, §§ 2(a)–(c), 3, Nov. 22, 1995, 109 Stat. 555, 556. Pub. L. 103-418, §§ 2(a)-(c), 3, Oct. 25, 1994, 108 Stat. 4336, 4337. Pub. L. 102-510, §2(a), (c), Oct. 24, 1992, 106 Stat. 3318, 3319. ADMINISTRATIVE ADJUSTMENT OF DISABILITY RATES OF CERTAIN PERSONS NOT COVERED BY THIS CHAPTER Pub. L. 106-118, § 2(b), Nov. 30, 1999, 113 Stat. 1602, provided that: "The Secretary of Veterans Affairs may authorize administratively, consistent with the increases authorized by this section (amending this section], the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 [set out as a note preceding section 101 of this title] who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code." Similar provisions were contained in the following acts: Pub. L. 105-368, title XI, §1101(d), Nov. 11, 1998, 112 Stat. 3366. Pub. L. 105-98, § 2(b), Nov. 19, 1997, 111 Stat. 2156. § 1115. Additional compensation for dependents Any veteran entitled to compensation at the rates provided in section 1114 of this title, and whose disability is rated not less than 30 percent, shall be entitled to additional compensation for dependents in the following monthly amounts: (1) If and while rated totally disabled and— (D) has a parent dependent upon such veteran for support, then, in addition to the above amounts, $95 for each parent so dependent; (E) notwithstanding the other provisions of this paragraph, the monthly payable amount on account of a spouse who is (i) a patient in a nursing home or (ii) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person, shall be $222 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section; and (F) notwithstanding the other provisions of this paragraph, the monthly amount payable on account of each child who has attained the age of eighteen years and who is pursuing a course of instruction at an approved educational institution shall be $186 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section. [See main edition for text of (2)] (As amended Pub. L. 105-98, §3, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106-118, §3, Nov. 30, 1999, 113 Stat. 1602.) AMENDMENTS 1999 Par. (1)(A). Pub. L. 106-118, §3(1), substituted "$117" for "$114". Par. (1)(B). Pub. L. 106-118, §3(2), substituted "$201" and "$61" for "$195" and "$60", respectively. Par. (1)(C). Pub. L. 106-118, §3(3), substituted "$80" and "$61" for "$78" and "$60", respectively. Par. (1)(D). Pub. L. 106-118, §3(4), substituted "$95" for "$92". Par. (1)(E). Pub. L. 106-118, §3(5), substituted "$222" for '$215". Par. (1)(F). Pub. L. 106-118, §3(6), substituted "$186" for "$180". 1997-Par. (1)(A). Pub. L. 105-98, §3(1), substituted "$114" for "$105". Par. (1)(B). Pub. L. 105-98, §3(2), substituted "$195" and "$60" for "$178" and "$55", respectively. Par. (1)(C). Pub. L. 105-98, §3(3), substituted "$78" and "$60" for "$72" and "$55", respectively. Par. (1)(D). Pub. L. 105-98, §3(4), substituted "$92" for "$84". Par. (1)(E). Pub. L. 105-98, §3(5), substituted "$215" for "$195". Par. (1)(F). Pub. L. 105-98, §3(6), substituted "$180" for "$164". EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section 7 of Pub. L. 106-118, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7 of Pub. L. 105-98, set out as a note under section 1114 of this title. §1116. Presumptions of service connection for diseases associated with exposure to certain herbicide agents (a)(1) For the purposes of section 1110 of this title, and subject to section 1113 of this title (A) a disease specified in paragraph (2) of this subsection becoming manifest as specified in that paragraph in a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975; and (B) each additional disease (if any) that (i) the Secretary determines in regulations prescribed under this section warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent, and (ii) becomes manifest within the period (if any) prescribed in such regulations in a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, and while so serving was exposed to that herbicide agent, shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of such disease during the period of such service. (2) The diseases referred to in paragraph (1)(A) of this subsection are the following: [See main edition for text of (A) and (B)] (C) Chloracne or another acneform disease consistent with chloracne becoming manifest to a degree of disability of 10 percent or more within one year after the last date on which the veteran performed active military, naval, or air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. [See main edition for text of (D)] (E) Porphyria cutanea tarda becoming manifest to a degree of disability of 10 percent or more within a year after the last date on which the veteran performed active military, naval, or air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. (F) Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea) becoming manifest to a degree1 of 10 percent or more within 30 years after the last date on which the veteran performed active military, naval, or air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. [See main edition for text of (G)] (3) For the purposes of this subsection, a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, and has a disease referred to in paragraph (1)(B) of this subsection shall be presumed to have been exposed during such service to an herbicide agent containing dioxin or 2,4-dichlorophenoxyacetic acid, and may be presumed to have been exposed during such service to any other chemical compound in an herbicide agent, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service. (4) For purposes of this section, the term "herbicide agent" means a chemical in an herbicide used in support of the United States and allied military operations in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975. [See main edition for text of (b) to (e)] (As amended Pub. L. 104-275, title V, §505(b), Oct. 9, 1996, 110 Stat. 3342.) AMENDMENTS 1996 Subsec. (a)(1)(A). Pub. L. 104-275, § 505(b)(2), substituted "during the period beginning on January 9, 1962, and ending on May 7, 1975" for "during the Vietnam era". Subsec. (a)(1)(B). Pub. L. 104-275, §505(b)(1), substituted "during the period beginning on January 9, 1962, and ending on May 7, 1975," for "during the Vietnam era". Subsec. (a)(2)(C), (E). (F). Pub. L. 104-275, §505(b)(2), substituted "during the period beginning on January 9, 1962, and ending on May 7, 1975" for "during the Vietnam era". Subsec. (a)(3). Pub. L. 104-275, §505(b)(1), substituted "during the period beginning on January 9, 1962, and ending on May 7, 1975," for "during the Vietnam era". Subsec. (a)(4). Pub. L. 104–275, §505(b)(2), substituted "during the period beginning on January 9, 1962, and ending on May 7, 1975" for "during the Vietnam era". EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-275 effective Jan. 1, 1997. with no benefit to be paid or provided by reason of such amendment for any period before such date, see section 505(d) of Pub. L. 104-275, set out as a note under section 101 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1103, 1113 of this title. 1 So in original. Probably should be followed by “of disability”. |