38 USC 1116 - Presumption of herbicide exposure for certain veterans who served in Korea

Editorial Notes

Amendments

2022—Subsec. (span)(2)(A). Puspan. L. 117–168 inserted “pursuant to subchapter VII of this chapter,” before “the Secretary determines”.

Statutory Notes and Related Subsidiaries

Effective Date

Puspan. L. 116–23, § 3(d), June 25, 2019, 133 Stat. 970, provided that: “The amendments made by this section [enacting this section] shall take effect on January 1, 2020.”

Implementation

Puspan. L. 116–23, § 3(c), June 25, 2019, 133 Stat. 970, provided that:

“(1)Guidance.—Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1116B of title 38, United States Code, as added by subsection (a), before prescribing new regulations under such section.

“(2)Updates.—

(A) Not later than 120 days after the date of the enactment of this Act [June 25, 2019], the Secretary shall submit a report to the Committees on Veterans’ Affairs of the House of Representatives and the Senate regarding the plans of the Secretary to respond to inquiries from veterans regarding claims for disability compensation under section 1116B of title 38, United States Code, as added by subsection (a) of this section.

“(B) On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1116B, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate updates on the status of such regulations.

“(3)Pending cases.—

“(A)Authority to stay.—The Secretary may stay a claim described in subparagraph (B) until the date on which the Secretary commences the implementation of section 1116B of title 38, United States Code, as added by subsection (a).

“(B)Claims described.—A claim described in this subparagraph is a claim for disability compensation—

“(i) relating to the service and diseases covered by such section 1116B; and

“(ii) that is pending at the Veterans Benefits Administration or the Board of Veterans’ Appeals on or after the date of the enactment of this Act and before the date on which the Secretary commences the implementation of such section 1116B.”