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Updated Jul 30, 2021

In This Section

  
This section contains the topic “Rating Claims Based on Participation in CBRNE Testing.”
 
 

 

1.  Rating Claims Based on CBRNE Testing

 

 

Introduction

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

Change Date

  
August 7, 2015

VIII.iii.5.B.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.
 
Reference:  For more information on development and other considerations for CBRNE claims, see M21-1, Part VIII, Subpart iii, 5.A.

VIII.iii.5.B.1.b.  Lack of Presumptive Conditions Associated With CBRNE Testing

  
There are no presumptive conditions or disabilities recognized as common to CBRNE testing.  The Department of Defense (DoD) used more than 140 agents in testing with differing durations, dosage, and methods of exposure and noted that an Institute of Medicine study conducted between the years of 1982 and 1985 found no significant long-term health effects in participants.

VIII.iii.5.B.1.c.  Reviewing an Examination and Medical Opinion for Claims Based on CBRNE Testing

  
When reviewing an examination and medical opinion for claims based on CBRNE testing, ensure that the examiner has specifically stated whether it is at least as likely as not that a relationship exists between the claimed disability or disease and CBRNE participation.
 
Note:  “At least as likely as not” is the lowest threshold of certainty the examiner can express that will support an award of service connection (SC).

Important:

  • Opinions that do not address whether a condition is at least as likely as not related to participation but instead indicate that “effects of exposure are unknown,” “an exposure could be a contributor,” or “an exposure may have a relationship” are insufficient to justify an award of SC.
  • If the examiner does not review the claims folder, the examination report is insufficient and should be returned.
  • A medical opinion without a supporting rationale carries no probative value and the claims folder should be returned to the examiner for a supporting rationale.

VIII.iii.5.B.1.d.  Identification of CBRNE Claimed Issues on the Codesheet

  
When completing the SUBJECT field on the ISSUE MANAGEMENT tab in Veterans Benefits Management System – Rating (VBMS-R), end the description of the disability with [CBRNE] regardless of whether the issue is being awarded or denied.  This will clearly identify the CBRNE claimed issues, or those issues which the decision maker has decided are related to CBRNE testing, on the Codesheet.
 
Example:  Scar, right upper extremity [CBRNE].
 
Reference:  For more information on entering decisions in VBMS-R, see the VBMS Rating User Guide.