VIII.i.1.A
Part VIII module 1 · 19 section summaries
Classify the exposure path before developing the claim.
Herbicide/Nehmer, Chapter 18, Persian Gulf, and burn-pit/toxic-exposure rules are separated into general, development, rating, and authorization stages.
19 of 19 section summaries shownVIII.i.1.B
Herbicide development
Verify qualifying service and exposure under the correct procedure; if presumptive criteria fail, develop direct service connection when raised.
Read the captured Part VIII source →VIII.i.1.C
Herbicide ratings
Match the condition and service facts to the current presumptive rule, then address direct or other theories and the correct effective date.
Read the captured Part VIII source →VIII.i.1.D
Nautical herbicide exposure
Develop ship/offshore service using the dedicated nautical-location and date procedure before conceding or denying exposure.
Read the captured Part VIII source →VIII.i.2.A
Nehmer development
Screen for a potentially covered herbicide disease and prior VA claim/decision, then obtain the records needed for the Nehmer review.
Read the captured Part VIII source →VIII.i.2.B
Nehmer retroactive eligibility
Determine class-member and covered-claim status, prior claim dates, disease facts, and the special effective-date rule.
Read the captured Part VIII source →VIII.i.2.C
Nehmer authorization
Build and authorize the retroactive award with the required period, payment, survivor, withholding, and review controls.
Read the captured Part VIII source →VIII.i.3.A
Chapter 18—general
Identify the Chapter 18 benefit and qualifying service. Denver handles the Chapter 18 issue; other ROs follow the referral table. A child receiving Chapter 18 benefits may also qualify as a dependent, but that status is not automatic.
Reviewed changes and handling notes · 2026-09-06
This update mainly clarifies wording. Chapter 18 jurisdiction remains with Denver. Receipt of Chapter 18 benefits does not automatically establish dependency on the Veteran’s compensation award.
- VIII.i.3.A.1.a: Denver processes the Chapter 18 issue. Other ROs follow the table for an existing child eFolder, no eFolder, or insufficient identifying information. They do not establish Chapter 18 EPs, transfer the Veteran’s claims folder, or send concurrent EPs to Denver.
- VIII.i.3.A.2.a–b: A child receiving Chapter 18 benefits may also qualify as a dependent; establish that separately. Only one Chapter 18 monthly allowance is payable. Chapter 18 vocational training and Chapter 35 assistance cannot be received concurrently.
- VIII.i.3.A.3.a and 4.a: A noncompensable Level 0 finding for covered birth defects can still permit health care and vocational training. The rates link wording was updated; this tool does not infer a new rate from that editorial change.
Review covers the changes and their effect on existing guidance. It does not establish a complete decision path for this article.
Read captured manual article · Official article ↗VIII.i.3.B
Chapter 18 process
Follow the Chapter 18-specific intake, development, rating, authorization, and notice sequence.
Read the captured Part VIII source →VIII.i.3.C
Chapter 18 eligibility/development
Develop claimant relationship, qualifying parental service, diagnosis, severity, and required evidence under the Chapter 18 standard.
Read the captured Part VIII source →VIII.i.3.D
Chapter 18 rating
Rate the covered disability using the Chapter 18 criteria and evidence rather than ordinary service-connection elements.
Read the captured Part VIII source →VIII.i.3.E
Chapter 18 authorization
Apply Chapter 18 authorization and notice rules. For an erroneous payment, distinguish beneficiary error from VA administrative error before choosing the reduction date. Death has a separate termination rule.
Reviewed changes and handling notes · 2026-09-06
The authorization update clarifies wording; it does not change the reduction, termination, or authorization rules used by the existing orientation.
- VIII.i.3.E.1.a: For reduction or discontinuance, generally use the facts found, subject to 38 CFR 3.105(g) and 3.114(b). The erroneous-payment table distinguishes beneficiary error (date of erroneous award) from VA administrative error (date of last payment). Do not choose a date without classifying the facts.
- VIII.i.3.E.1.b and 2: For death, discontinue on the last day of the month before the month of death. Authorization processes awards and denials, promulgates the rating or prepares an administrative denial, and sends the decision notice.
Review covers the changes and their effect on existing guidance. It does not establish a complete decision path for this article.
Read captured manual article · Official article ↗VIII.ii.1.A
Persian Gulf—general
Identify qualifying Veteran/service, manifestation, and whether the claim involves undiagnosed illness, MUCMI, or another presumptive condition.
Read the captured Part VIII source →VIII.ii.1.B
Persian Gulf development
Obtain service/location evidence, symptom history, medical evidence, and the examination/opinion needed for the applicable Gulf theory.
Read the captured Part VIII source →VIII.ii.1.C
Persian Gulf rating
Classify the claimed disability correctly, apply 38 CFR 3.317 and exclusions, and address direct service connection when appropriate.
Read the captured Part VIII source →VIII.ii.1.D
Gulf infectious diseases
Match the infectious disease, qualifying service, manifestation period, and required residual findings to the 3.317 presumption.
Read the captured Part VIII source →VIII.ii.2.A
Burn pits/toxins—general
Separate conceded exposure, presumptive disease, TERA, and direct-exposure theories before choosing development.
Read the captured Part VIII source →VIII.ii.2.B
Burn pits/toxins development
Verify covered service/exposure, screen the claimed condition, complete TERA actions when required, and request an adequate opinion on the correct theory.
Read the captured Part VIII source →VIII.ii.2.C