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Updated Sep 18, 2024

In This Section 

  
This section contains the following topics:
 
Topic
Topic Name
1
2
 

 

1.   General Information on and Establishment of Claims Based on Participation in CBRNE Testing

 
      

Introduction

 
This topic contains general information as well as establishment procedures for claims based on participation in CBRNE testing, including

Change Date

  
July 29, 2021

VIII.iii.5.A.1.a.  Definition:  CBRNE Claims

 
Chemical, Biological, Radiological, Nuclear, and Explosives (CBRNE) claims are claims in which a Veteran claims that a disease or injury resulted from participation in any test, chemical or biological, regardless of location, other than those tests discussed at M21-1, Part VIII, Subpart iii, 6.A and tests involving mustard gas.
 
Examples:  Exposures during tests conducted at
  • Edgewood Arsenal between 1955 and 1975
  • Fort (Ft.) Detrick, and
  • Dugway Proving Ground.
Important:  While the examples listed above are known test locations, other areas of exposure likely exist.

VIII.iii.5.A.1.b.  Action to Take When the Veteran Claims Participation in CBRNE Testing but Does Not Claim a Disability

 
A claim is not substantially complete if a Veteran alleges participation in CBRNE testing during service, but does not claim service connection (SC) for a specific disability.  In cases such as these, follow the procedures for handling an incomplete application at M21-1, Part II, Subpart iii, 1.C.2.b and c.

VIII.iii.5.A.1.c.  EP Control Procedures for Claims Based on CBRNE Testing

 
Upon receipt of a substantially complete CBRNE claim for SC, establish a traditional rating end product (EP) (for example, 010, 110, 020) and affix the ChemBio special issue indicator to the relevant contention(s).
 
Reference:  For more information on EP control, see M21-4, Appendix B, Section II.

VIII.iii.5.A.1.d.  Sending Notification of Entitlement to Medical Treatment at a VAMC for Individuals Claiming Exposure as a Test Participant

 
An individual claiming exposure as a test participant is entitled to receive medical treatment at a Department of Veterans Affairs (VA) medical center (VAMC).  Include the following statement in initial correspondence following receipt of a claim based on CBRNE testing:
 
Although there is no specific medical test or evaluation for the types of exposures you might have experienced more than 30 years ago, VA is offering a clinical examination to Veterans who receive this notification letter.  If you have health concerns and wish to be medically evaluated, PLEASE BRING THIS LETTER WITH YOU TO THE NEAREST VA HEALTH CARE FACILITY.  This letter will help you apply for the examination by providing needed documentation.  Additional medical information about potential exposures is available through ‘environmental health coordinators’ located in every VA medical center.
 
Note:  The examination itself does not constitute, or provide eligibility for, enrollment in the VA health care system.  If you are not already enrolled, you are encouraged to apply for VA health care benefits at the time you apply for the examination.
 
Include notification to the Veteran to contact the Department of Defense (DoD) at (800) 497-6261 for questions about chemical or biological tests conducted during military service, to include concerns about releasing classified information.
 
 
2.  Developing Claims Based on CBRNE Testing
 
      

Introduction

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

Change Date

  
September 18, 2024

VIII.iii.5.A.2.a.  Researching Exposure in ILER

 
The Individual Longitudinal Exposure Record (ILER) is a joint Department of Defense (DoD) and VA web-based application that provides the ability to link a Veteran to military exposures and/or deployments.    
 
Claims processors must utilize ILER to conduct preliminary research regarding claimed in-service chemical and biological agent testing-related exposures. 
 
Important:  ILER access should be requested in advance of receipt of a claim based on exposure in order to ensure that claims processing is not unnecessarily delayed.
 
Reference:  For more information on ILER and how to obtain access, see the ILER Guidance.

VIII.iii.5.A.2.b.  Procedure for Verifying Participation in CBRNE Testing

 
Follow the steps in the table below to verify participation in CBRNE testing.
 
Important:
  • Because DoD is declassifying tests on an irregular schedule, this verification must be done every time testing participation is alleged, even if a previous negative DoD response is of record. 
  • Even if the claim seems implausible based on evidence in the claims folder (for example, Veteran claims exposure before or after the period of 1955 to 1975), it is DoD’s sole authority to validate whether an individual participated in any chemical or biological test.
Step
Action
1
Obtain the Individual Exposure Summary/ILER response in accordance with the ILER Guidance.  Does ILER documentation verify the Veteran’s participation in CBRNE testing?
2
Has VA requested and received the Veteran’s military personnel records?
  • If yes, go to the next step.
  • If no, request the records.
Reference:  For more information on requesting military personnel records, see M21-1, Part III, Subpart ii, 2.C.
3
Prepare a memorandum requesting verification of participation in CBRNE testing and containing the following information:
  • Veteran’s full name
  • VA claims folder number
  • branch of military service
  • Social Security number
  • service number, if applicable (older DoD records contain only the eight-digit service number of test participants)
  • available test information (for example, test location, description of the test, and/or how exposure occurred), and
  • the nature of the disability(ies) claimed as due to exposure to chemical or biological test agents during service.
4
Upload the memorandum and any other supporting documents to the electronic claims folder (eFolder).
5
Use the table below to refer the claim to Compensation Service for verification of a Veteran’s participation in CBRNE testing.
 
If the claim is …
Then …
processed in the National Work Queue (NWQ) environment
  • create an eFolder note stating the claim is referred to Compensation Service for verification of participation in CBRNE testing, and
  • affix the
    • Compensation Service Review – MG/CBRNE/Shad special issue indicator, and
    • Compensation Service Case Review tracked item in accordance with the NWQ Playbook to ensure proper routing to Compensation Service.
not processed in the NWQ environment
  • create an eFolder note stating the claim is referred to Compensation Service for verification of participation in CBRNE testing
  • affix the
    • Compensation Service Review – MG/CBRNE/Shad special issue indicator, and
    • Compensation Service Case Review tracked item, and
  • manually broker the EP to Compensation Service (Washington DC).
Reference:  For more information on manually brokering an EP, see the VBMS Core User Guide.
 
References:  For more information on
 

VIII.iii.5.A.2.c.  Processing a Response From DoD Regarding CBRNE Testing

 
When a response is received from DoD regarding a Veteran’s participation in CBRNE testing, Compensation Service will upload a copy of the response to the claimant’s eFolder.
 
Use the table below to process the response from DoD regarding the Veteran’s participation in CBRNE testing.
 
If the DoD response …
Then …
confirms exposure
determine whether an examination and/or medical opinion is/are required to decide the claim.
does not confirm exposure
proceed with denial of SC for disabilities claimed as resulting from CBRNE-related exposure.
 

VIII.iii.5.A.2.d.  Information to Include in Examination and/or Medical Opinion Requests for Claims Based on CBRNE Testing

 
The Veterans Health Administration has prepared Under Secretary for Health Information Letter, 10-2006-010, Potential Health Effects Among Veterans Involved in Military Chemical Agent Experiments Conducted from 1955 to 1975, to address questions about the potential health effects to Veterans involved in the testing of warfare agents.  The letter should be brought to the examiner’s attention either on the examination request or in information placed in the claims folder.
 
When requesting an examination, also include in the Remarks section of the examination request a list of the agents, simulants, tracers, antidotes and other such substances, as applicable, to which Compensation Service has verified exposure for the Veteran or as shown in ILER.
 
When requesting a medical opinion as to whether there is a relationship between a disease or disability and participation in CBRNE testing during service, identify for the examiner’s review the exposure information obtained from ILER or provided in response to the request under M21-1, Part VIII, Subpart iii, 5.A.2.b.
 
Important:  When requesting an examination and/or medical opinion for claims based on CBRNE testing, ensure the examiner is provided with the claims folder for consideration. 
 
Reference:  For more information on the requirement to identify relevant evidence for the examiner’s review, see M21-1, Part IV, Subpart i, 2.A.8.d.