Claim Raven explanation
What this means
This rule links specified full-body exposure to mustard agents or Lewisite with certain later diseases. The covered condition depends on the particular agent and exposure circumstances described in the regulation.
It is not a general presumption for all chemical exposure or every respiratory disease. The listed exposure and disease must match, and the rule includes exceptions involving other causes or willful misconduct.
How this helps your claim
Organize the evidence around the exposure event and the exact diagnosis. If the denial treats all chemical exposures alike, this section can help you identify the specific requirements VA should have considered.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Find records identifying the chemical agent and the circumstances of exposure.
- Match the diagnosed condition to the appropriate disease list in this section.
- Review any evidence VA cited for a different cause of the condition.
Match the agent, exposure and disease
Chemical-exposure histories can be described broadly in a record. This regulation instead identifies particular agents, exposure circumstances and diseases. A general reference to gas training or chemical duties does not by itself establish that those specific conditions are met.
Build the comparison from the service documentation and medical diagnosis. Keep uncertainty visible when the agent or type of exposure is not established. An accurate description of what is known is more useful than converting an unconfirmed chemical name into a definite qualifying exposure.
Does any chemical exposure qualify under this section?
No. The listed agents and circumstances limit this particular provision. Other supported exposure claims may raise different rules, but this section cannot be expanded simply because a substance was hazardous. Read the applicable disease pairing and exceptions before drawing a conclusion about the presumption.
Official regulatory text
38 CFR § 3.316
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 3.316 Claims based on chronic effects of exposure to mustard gas and Lewisite.
(a) Except as provided in paragraph (b) of this section, exposure to the specified vesicant agents during active military service under the circumstances described below together with the subsequent development of any of the indicated conditions is sufficient to establish service connection for that condition:
(1) Full-body exposure to nitrogen or sulfur mustard during active military service together with the subsequent development of chronic conjunctivitis, keratitis, corneal opacities, scar formation, or the following cancers: Nasopharyngeal; laryngeal; lung (except mesothelioma); or squamous cell carcinoma of the skin.
(2) Full-body exposure to nitrogen or sulfur mustard or Lewisite during active military service together with the subsequent development of a chronic form of laryngitis, bronchitis, emphysema, asthma or chronic obstructive pulmonary disease.
(3) Full-body exposure to nitrogen mustard during active military service together with the subsequent development of acute nonlymphocytic leukemia.
(b) Service connection will not be established under this section if the claimed condition is due to the veteran's own willful misconduct (See § 3.301(c)) or there is affirmative evidence that establishes a nonservice-related supervening condition or event as the cause of the claimed condition (See § 3.303).
[59 FR 42499, Aug. 18, 1994]
Related references
- 38 CFR § 3.301: Line of Duty and Willful Misconduct
- 38 CFR § 3.303: VA service connection explained
- 38 CFR § 4.1: What a VA disability rating measures
- 38 CFR § 3.159: VA duty to assist: records and examinations
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