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M21-1 · Section VIII.iii.5.B

Rating Claims Based on Participation in Chemical Biological Radiological Nuclear and Explosives (CBRNE) Testing

M21-1 section VIII.iii.5.B. Official source text with a separately reviewed Claim Raven explanation when available.

Claim Raven wrote the explanation that follows. The original VA text appears below it, unchanged.

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What this means

m21-1:VIII.iii.5.B explains rating claims based on participation in chemical biological radiological nuclear and explosives (cbrne) testing. In plain terms, the official guidance says there are no presumptive conditions or disabilities recognized as common to chemical, biological, radiological, nuclear, and explosives (CBRNE) testing. It also addresses when reviewing an examination and medical opinion for claims based on CBRNE testing, ensure that the examination report meets the TERA examination sufficiency requirements as outlined in the PACT Act Implementation SOP.

How this may help with a claim

Use m21-1:VIII.iii.5.B when organizing evidence or checking VA's handling of rating claims based on participation in chemical biological radiological nuclear and explosives (cbrne) testing. Compare your application, supporting records, and notice with this source-specific point: There are no presumptive conditions or disabilities recognized as common to chemical, biological, radiological, nuclear, and explosives (CBRNE) testing. When reviewing an examination and medical opinion for claims based on CBRNE testing, ensure that the examination report meets the TERA examination sufficiency requirements as outlined in the PACT Act Implementation SOP. Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.

What to review in your file

  • Check the file against this official condition: When reviewing an examination and medical opinion for claims based on CBRNE testing, ensure that the examination report meets the TERA examination sufficiency requirements as outlined in the PACT Act Implementation SOP.
  • Confirm that the record or notice addresses this source point: In addition to the general rating narrative requirements outlined in M21-1, Part V, Subpart iv, 1.A, CBRNE rating decisions must follow the below guidelines.
  • Document how this stated step or exception applies: Since CBRNE is considered TERA participation, the rating decision must follow the TERA rating guidance outlined in the PACT Implementation SOP.

Important limits

m21-1:VIII.iii.5.B explains VA guidance for rating claims based on participation in chemical biological radiological nuclear and explosives (cbrne) testing; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: There are no presumptive conditions or disabilities recognized as common to chemical, biological, radiological, nuclear, and explosives (CBRNE) testing. In addition to the general rating narrative requirements outlined in M21-1, Part V, Subpart iv, 1.A, CBRNE rating decisions must follow the below guidelines.

Search terms when useful

Phrases that may help when searching your claim file or this library.

  • Rating Claims Based on Participation in Chemical Biological Radiological Nuclear and Explosives (CBRNE) Testing
  • m21-1:VIII.iii.5.B
  • Rating Claims Based
  • Participation Chemical Biological
  • This Section This section
  • Rating Claims Based CBRNE
  • considering service connection based
  • reviewing examination medical opinion

Original VA guidance

The official VA text of this section

Overview

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In This SectionThis section contains the topic “ Rating Claims Based on Participation in CBRNE Testing.”

1. Rating Claims Based on CBRNE Testing

Introduction

This topic contains information on rating claims based on CBRNE testing, including

  • considering service connection (SC) based on CBRNE test participation
  • reviewing an examination and medical opinion for claims based on CBRNE testing, and
  • CBRNE rating requirements.

Change Date

March 17, 2025

VIII.iii.5.B.1.a. Considering SC Based on CBRNE Test Participation

There are no presumptive conditions or disabilities recognized as common to chemical, biological, radiological, nuclear, and explosives (CBRNE) testing. The determination of whether to award service connection (SC) for a disease or injury claimed as related to participation in CBRNE testing falls under the direct SC provisions. Decisions to award or deny SC should also consider all exposures the Veteran incurred in all documented toxic exposure risk activity (TERA) participation, to include CBRNE testing.

References: For more information on

  • development and other considerations for CBRNE claims, see M21-1, Part VIII, Subpart iii, 5.A
  • direct SC, see
  • 38 CFR 3.303, and
  • M21-1, Part V, Subpart ii, 2.A, and
  • processing TERA claims, see the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022 Implementation Standard Operating Procedure (SOP).

VIII.iii.5.B.1.b. Reviewing an Examination and Medical Opinion for Claims Based on CBRNE Testing

When reviewing an examination and medical opinion for claims based on CBRNE testing, ensure that the examination report meets the TERA examination sufficiency requirements as outlined in the PACT Act Implementation SOP.

Reference: For more information on sufficiency of examination reports, see M21-1, Part IV, Subpart i, 3.A.

VIII.iii.5.B.1.c. CBRNE Rating Requirements

In addition to the general rating narrative requirements outlined in M21-1, Part V, Subpart iv, 1.A, CBRNE rating decisions must follow the below guidelines.

  • Since CBRNE is considered TERA participation, the rating decision must follow the TERA rating guidance outlined in the PACT Implementation SOP.
  • When denying SC because an explicit allegation of CBRNE test participation could not be established, the rating decision must include the following free text to the rating narrative:

You reported participating in Chemical Biological Radiological Nuclear and Explosives (CBRNE) testing. The evidence of record does not show you participated in CBRNE testing.

  • When completing the SUBJECT field on the ISSUE MANAGEMENT tab in Veterans Benefits Management System – Rating (VBMS-R), end the description of the disability with [CBRNE] regardless of whether the issue is being awarded or denied. This will clearly identify the CBRNE claimed issues, or those issues which the decision maker has decided are related to CBRNE testing, on the Codesheet.

Example: Scar, right upper extremity [CBRNE].

Reference: For more information on entering decisions in VBMS-R, see the VBMS Rating User Guide.

Not legal or medical advice: The M21 manuals are VA operational guidance for staff. They do not override laws, regulations, or court decisions. Claim Raven is not an official VA application and is not affiliated with the U.S. Department of Veterans Affairs.