M21-1 Manual / Part VIII, Subpart iii, Chapter 5, Section A
Developing Claims Based on Participation in Chemical Biological Radiological Nuclear and Explosives (CBRNE) Testing
M21-1, Part VIII, Subpart iii, Chapter 5, Section A
Overview
In This Section | | This section contains the following topics: | Topic | Topic Name |
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| 1 | General Information on Participation in CBRNE Testing | | 2 | Developing Claims Based on Participation in CBRNE Testing |
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1. General Information on Participation in CBRNE Testing
Introduction | | This topic contains general information on participation in CBRNE testing, including- background on CBRNE testing
- establishing CBRNE test participation
- CBRNE testing and toxic exposure risk activity (TERA)
- action to take when the Veteran claims participation in CBRNE testing but does not claim a disability, and
- end product (EP) control procedures for claims based on CBRNE testing.
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Change Date | | March 17, 2025 |
VIII.iii.5.A.1.a. Background on CBRNE Testing | | As part of its efforts to ensure the United States military could adequately protect its service members from possible wartime exposures to chemical warfare agents, the military conducted chemical, biological, radiological, nuclear, and explosives (CBRNE) testing and often used service members as volunteer test participants.Generally, CBRNE testing began during the World War II era and was discontinued in 1975. Precise information on the number of tests, experiments, and participants is not available. The Department of War (DOW) has identified specific locations and tests that occurred; however, a full list of testing locations and participants is not known due to record keeping practices of that era.Based on DOW research, CBRNE testing is known to have occurred at the following locations: - Edgewood Arsenal between 1955 and 1975
- Fort (Ft.) Detrick between 1943 and 1973
- Pine Bluff
- Ft. Bragg in 1958
- Ft. Benning in 1960
- Rocky Mountain Arsenal, and
- Dugway Proving Ground.
Important: While the locations and dates listed above are known sites based on DOW’s research of records, it is possible testing occurred at other military installations on dates outside of those listed. Specific allegations of test participation conducted after 1975 or at a location not listed above should be considered on a facts-found basis by following the procedures outlined in M21-1, Part VIII, Subpart iii, 5.A.2.b.Reference: For more information on CBRNE testing, see the Military Health System Cold War website. |
VIII.iii.5.A.1.b. Establishing CBRNE Test Participation | | Participation in CBRNE testing means the Veteran was a medical research participant or otherwise exposed to substances during CBRNE testing. Service at a specific location alone does not establish CBRNE test participation. The evidence must show participation in a specific research project or exposure to a test. In most cases, participation should be documented in the Chemical Biological Warfare Exposure System Registry in the Individual Longitudinal Exposure Record (ILER); however, test participation may also be documented in service records.Exceptions: The following exposure claims are not considered CBRNE claims as they have their own unique policies and procedures:Reference: For more information on CBRNE testing, see the Military Health System Cold War website. |
VIII.iii.5.A.1.d. 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.e. 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).References: For more information on - EP control, see M21-4, Appendix B, Section II, and
- special issues, see M21-4, Appendix E.
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2. Developing Claims Based on Participation in CBRNE Testing
Introduction | | This topic contains information on developing claims based on CBRNE testing, including- researching CBRNE in ILER
- procedure for verifying participation in CBRNE testing, and
- information to include in examination and/or medical opinion requests for claims based on CBRNE testing.
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Change Date | | March 17, 2025 |
VIII.iii.5.A.2.a. Researching CBRNE in ILER | | ILER is a joint DOW and Department of Veterans Affairs (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 DOW is declassifying tests on an irregular schedule, this verification must be done every time testing participation is alleged, even if previous attempts to verify participation were negative. | Step | Action |
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| 1 | Is CBRNE testing participation documented in ILER?Example:- If yes,
- ensure the Individual Exposure Summary/ILER response is documented in the electronic claims folder (eFolder) in accordance with the ILER Guidance
- document CBRNE testing participation and all other TERA on the TERA Memorandum, and
- follow the examination guidance in M21-1, Part VIII, Subpart iii, 5.A.2.c.
- If no, go to the next step.
- document the negative ILER result in accordance with the ILER Guidance, and
- go to the next step.
| | 2 | Ensure receipt of the Veteran’s military records. Review all available military records. Is test participation shown?- If yes,
- document CBRNE testing participation and all other TERA on the TERA Memorandum, and
- follow the examination guidance in M21-1, Part VIII, Subpart iii, 5.A.2.c.
- If no,
- do not concede CBRNE testing participation, and
- follow procedures to research and document any other TERA participation.
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Reference: For more information on TERA procedures, see the PACT Act Implementation SOP. |
VIII.iii.5.A.2.c. Information to Include in Examination and/or Medical Opinion Requests for Claims Based on CBRNE Testing | | There are no presumptive conditions or disabilities recognized as common to CBRNE testing. Since participation in CBRNE testing is considered a TERA, complete a TERA Memorandum and schedule all appropriate examinations with medical opinions. When requesting an examination based on CBRNE test participation, follow the TERA examination request procedures, and include the following: - a request for a TERA medical opinion regarding any relationship between the claimant’s current disability and exposure to agents, simulants, tracers, or antidotes used in the test(s) the Veteran was involved in, as well as any other documented TERA participation for the Veteran, and
- identification of relevant evidence for the examiner’s review, including the exposure information obtained from ILER, if available, or evidence of test participation identified 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. References: For more information on |
Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part VIII, Subpart iii, Chapter 5, Section A (U.S. government work, reproduced for reference). Browse all sections →