§ 1154. Consideration to be accorded time, place, and circumstances of service

§ 1154. Consideration to be accorded time, place, and circumstances of service

(a) The Secretary shall include in the regulations pertaining to service-connection of disabilities (1) additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran’s service as shown by such veteran’s service record, the official history of each organization in which such veteran served, such veteran’s medical records, and all pertinent medical and lay evidence, and (2) the provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act (Public Law 98–542; 98 Stat. 2727).

(b) In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, air, or space organization of the United States during a period of war, campaign, or expedition, the Secretary shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 354; Pub. L. 94–433, title IV, § 404(20), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98–542, § 4, Oct. 24, 1984, 98 Stat. 2727; Pub. L. 102–54, § 14(b)(1), June 13, 1991, 105 Stat. 282; renumbered § 1154 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 116–283, div. A, title IX, § 926(d), Jan. 1, 2021, 134 Stat. 3831.)

Editorial Notes

References in Text

Section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act, referred to in subsec. (a), is set out below.

Amendments

2021—Subsec. (b). Pub. L. 116–283 substituted “air, or space organization” for “or air organization”.

1991—Pub. L. 102–83, § 5(a), renumbered section 354 of this title as this section.

Pub. L. 102–54, § 14(b)(1)(A), inserted a comma after “place” in section catchline.

Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 102–54, § 14(b)(1)(B), inserted before period at end “(Public Law 98–542; 98 Stat. 2727)”.

Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

1984—Subsec. (a). Pub. L. 98–542 designated existing provisions as cl. (1) and added cl. (2).

1976—Subsec. (a). Pub. L. 94–433 substituted “such veteran’s” for “his” in three places and “such veteran” for “he”.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Radiation Dose Reconstruction Program of Department of Defense

Pub. L. 108–183, title VI, § 601, Dec. 16, 2003, 117 Stat. 2667, as amended by Pub. L. 117–263, div. A, title VII, § 734, Dec. 23, 2022, 136 Stat. 2668, provided that: “(a) Review of Mission, Procedures, and Administration.—(1) The Secretary of Veterans Affairs and the Secretary of Defense shall jointly conduct a review of the mission, procedures, and administration of the Radiation Dose Reconstruction Program of the Department of Defense. “(2) In conducting the review under paragraph (1), the Secretaries shall—“(A) determine whether any additional actions are required to ensure that the quality assurance and quality control mechanisms of the Radiation Dose Reconstruction Program are adequate and sufficient for purposes of the program; and “(B) determine the actions that are required to ensure that the mechanisms of the Radiation Dose Reconstruction Program for communication and interaction with veterans are adequate and sufficient for purposes of the program, including mechanisms to permit veterans to review the assumptions utilized in their dose reconstructions. “(3) Not later than 90 days after the date of the enactment of this Act [Dec. 16, 2003], the Secretaries shall jointly submit to Congress a report on the review under paragraph (1). The report shall set forth—“(A) the results of the review; “(B) a plan for any actions determined to be required under paragraph (2); and “(C) such other recommendations for the improvement of the mission, procedures, and administration of the Radiation Dose Reconstruction Program as the Secretaries jointly consider appropriate. “(b) On-Going Review and Oversight.—The Secretaries shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Radiation Dose Reconstruction Program.”

Review of Dose Reconstruction Program of the Defense Threat Reduction Agency

Pub. L. 106–419, title III, § 305, Nov. 1, 2000, 114 Stat. 1853, provided that: “(a) Review by National Academy of Sciences.—Not later than 30 days after the date of the enactment of this Act [Nov. 1, 2000], the Secretary of Defense shall enter into a contract with the National Academy of Sciences to carry out periodic reviews of the program of the Defense Threat Reduction Agency of the Department of Defense known as the ‘dose reconstruction program’. “(b) Review Activities.—The periodic reviews of the dose reconstruction program under the contract under subsection (a) shall consist of the periodic selection of random samples of doses reconstructed by the Defense Threat Reduction Agency in order to determine—“(1) whether or not the reconstruction of the sampled doses is accurate; “(2) whether or not the reconstructed dosage number is accurately reported; “(3) whether or not the assumptions made regarding radiation exposure based upon the sampled doses are credible; and “(4) whether or not the data from nuclear tests used by the Defense Threat Reduction Agency as part of the reconstruction of the sampled doses is accurate. “(c) Duration of Review.—The periodic reviews under the contract under subsection (a) shall occur over a period of 24 months. “(d) Report.—(1) Not later than 60 days after the conclusion of the period referred to in subsection (c), the National Academy of Sciences shall submit to Congress a report on its activities under the contract under this section. “(2) The report shall include the following:“(A) A detailed description of the activities of the National Academy of Sciences under the contract. “(B) Any recommendations that the National Academy of Sciences considers appropriate regarding a permanent system of review of the dose reconstruction program of the Defense Threat Reduction Agency.”

Ionizing Radiation Registry

Pub. L. 99–576, title II, § 232, Oct. 28, 1986, 100 Stat. 3264, as amended by Pub. L. 102–83, §§ 5(c)(2), 6(h), Aug. 6, 1991, 105 Stat. 406, 408, provided that: “(a) Establishment of Registry.—The Secretary of Veterans Affairs shall establish and maintain a special record to be known as the ‘Ionizing Radiation Registry’ (hereinafter in this section referred to as the ‘Registry’). “(b) Content of Registry.—Except as provided in subsection (c), the Registry shall include the following information:“(1) A list containing the name of each veteran who was exposed to ionizing radiation under the conditions described in section 1710(e)(1)(B) of title 38, United States Code, and who—“(A) applies for hospital or nursing home care from the Department of Veterans Affairs under chapter 17 of such title; “(B) files a claim for compensation under chapter 11 of such title on the basis of a disability which may be associated with the exposure to ionizing radiation; or “(C) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of the exposure of such veteran to ionizing radiation. “(2) Medical data relating to each veteran listed in the Registry, including—“(A) the veteran’s medical history, latest health status recorded by the Department of Veterans Affairs, physical examinations, and clinical findings; and “(B) a statement describing birth defects, if any, in the natural children of the veteran. “(3) Data on claims for the compensation referred to in paragraph (1), including decisions and determinations of the Department of Veterans Affairs relating to such claims. “(4) An estimate of the dose of radiation to which each veteran listed in the Registry was exposed under the conditions described in section 1710(e)(1)(B) of such title. “(c) Veterans Submitting Claims Before Date of Enactment.—If in the case of a veteran described in subsection (b)(1) the application or claim referred to in such subsection was submitted or filed before October 28, 1986, the Secretary shall include in the Registry, to the extent feasible, such veteran’s name and the data and information described in subsection (b) relating to the veteran. “(d) Consolidation of Existing Information.—(1) For the purpose of establishing and maintaining the Registry, the Secretary of Veterans Affairs shall compile and consolidate—“(A) relevant information maintained by the Veterans Benefits Administration and the Veterans Health Administration of the Department of Veterans Affairs; “(B) relevant information maintained by the Defense Nuclear Agency of the Department of Defense; and “(C) any relevant information maintained by any other element of the Department of Veterans Affairs or the Department of Defense. “(2) With respect to a veteran whose name is included in the Registry and for whom the information in the Registry is not complete, the Secretary of Veterans Affairs shall include information described in paragraph (1) with respect to that veteran (A) to the extent that such information is reasonably available in records of the Department of Veterans Affairs or Department of Defense, or (B) if such information is submitted by the veteran after October 28, 1986. “(e) Department of Defense Information.—The Secretary of Defense shall furnish to the Secretary of Veterans Affairs such information maintained by the Department of Defense as the Secretary of Veterans Affairs considers necessary to establish and maintain the Registry. “(f) Definition.—For the purpose of this section, the term ‘veteran’ has the meaning given that term in section 101(2) of title 38, United States Code, and includes a person who died in the active military, naval, or air service. “(g) Effective Date.—The Registry shall be established not later than 180 days after the date of the enactment of this Act [Oct. 28, 1986].”

Veterans’ Dioxin and Radiation Exposure Compensation Standards; Congressional Findings and Statement of Purpose