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Federal statute · 38 USC § 1120

38 USC 1120: Burn Pit and Toxic Exposure Presumptive Conditions

§ 1120. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins

Claim Raven explanation

What this means

This statute lists diseases presumed connected to service for covered veterans, including specified cancers and respiratory conditions. It works with the covered-veteran definition and other toxic-exposure provisions.

The exact diagnosis matters, and the law includes a particular after-service diagnosis requirement for asthma. A general symptom description or history of exposure alone does not establish every element of a listed-disease claim.

How this helps your claim

Compare the medical diagnosis with the complete statutory list, then verify covered service. That can identify whether the missing evidence concerns diagnosis, service, or a different requirement.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Confirm the disease name and relevant diagnosis dates.
  • Match service locations and dates to the covered-veteran definition.
  • Check whether VA considered the statutory list as well as any implementing regulation.

Match the confirmed diagnosis to the statutory list

The list contains particular diseases and cancer categories. Use the documented diagnosis rather than a symptom or suspected condition when checking a match. Some entries have specific qualifications, including the statute's after-service diagnosis language for asthma.

Read the covered-veteran definition with the disease list. The medical and service elements work together, while the evaluation and effective date remain separate questions. A favorable exposure finding should not be mistaken for confirmation that the claimed diagnosis appears in this particular statute.

Does this list cover every condition associated with toxic exposure?

No. It supplies specified presumptions for covered veterans. Other conditions may involve another presumption or a different evidence-based route. Absence from this list does not itself prove a condition unrelated to service, but neither does a possible association establish automatic coverage here.

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Official statutory text

38 USC § 1120

OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.

§ 1120. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins

(a) Presumption of Service Connection.—For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease during the period of such service.

(b) Diseases Specified.—The diseases specified in this subsection are the following:

(1) Asthma that was diagnosed after service of the covered veteran as specified in subsection (c).

(2) The following types of cancer:

(A) Head cancer of any type.

(B) Neck cancer of any type.

(C) Respiratory cancer of any type.

(D) Gastrointestinal cancer of any type.

(E) Reproductive cancer of any type.

(F) Lymphoma cancer of any type.

(G) Kidney cancer.

(H) Brain cancer.

(I) Melanoma.

(J) Pancreatic cancer.

(3) Chronic bronchitis.

(4) Chronic obstructive pulmonary disease.

(5) Constrictive bronchiolitis or obliterative bronchiolitis.

(6) Emphysema.

(7) Granulomatous disease.

(8) Interstitial lung disease.

(9) Pleuritis.

(10) Pulmonary fibrosis.

(11) Sarcoidosis.

(12) Chronic sinusitis.

(13) Chronic rhinitis.

(14) Glioblastoma.

(15) Any other disease for which the Secretary determines, pursuant to regulations prescribed under subchapter VII that a presumption of service connection is warranted based on a positive association with a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title.

(c) Covered Veteran Defined.—In this section, the term “covered veteran” has the meaning given that term in section 1119(c) of this title.

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