(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]
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1994–2021 · leading case:
Hensley v. Principi, 16 Vet. App. 491 (Vet. App. 2002).
Hensley v. Principi, 16 Vet. App. 491 (Vet. App. 2002).
· cites it 11× “BACKGROUND The appellant, Burke Hensley, previously appealed a February 1996 decision of the Board of Veterans' Appeals (BVA or Board) that had denied, as not well grounded, his claim for service connection for heart disease as a residual of mustard gas exposure because his…”
Tadlock v. McDonough, 5 F.4th 1327 (Fed. Cir. 2021).
· cites it 2× “In Hensley, a veteran was awarded pre- sumptive service under 38 C.F.R. § 3.316 (a) for lung dis- ease due to exposure to mustard gas during World War II.”
Pearlman v. West, 11 Vet. App. 443 (Vet. App. 1998).
· cites it 3× “This regulation provides that: (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…”
Lewis v. United States Navy, 865 F. Supp. 294 (D.S.C. 1994).
“38 C.F.R. § 3.316 . 56. Through this regulation, the United States has incorporated into the Veterans Benefits Act a compensation scheme to provide medical care to veterans who have certain enumerated conditions that can be caused by mustard gas without requiring proof of a…”
13-21 711 (Board of Vet. App. 2018).
· cites it 4× “Claims based on the chronic effects of exposure to mustard gas are governed by the provisions of 38 C.F.R. § 3.316 . Those provisions are as follows: (a) Except as provided in paragraph (b) of this section, exposure to the specified vesicant agents during active military service…”
Feazel v. Dept. Of Vets. Affairs, 480 F. App'x 586 (Fed. Cir. 2012).
· cites it 2× “Under 38 C.F.R. § 3.316 , a veteran can establish service connection for certain diseases by proving in-service exposure to mustard gas and a diagnosis of a listed disease.”
Hensley v. West, 212 F.3d 1241 (Fed. Cir. 2000).
· cites it 3× “First, 38 C.F.R. § 3.316 (a) 3 provides a conclusive presumption that lung disorders are service-connected when the veteran was exposed to mustard gas in service.”
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