M-21-1Updated
Regulation text

Part VIII, Subpart iii, Chapter 5, Section ADeveloping Claims Based on Participation in Chemical Biological Radiological Nuclear and Explosives (CBRNE) Testing

The full text of this section from M-21-1. Check the official source for the controlling version before you rely on it.

View official source

Looking for something else?

Contents8 blocks

Revised March 17, 2025

VIII.iii.5.A.1.aBackground 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.bEstablishing 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.cCBRNE Testing and TERA

CBRNE testing is a type of toxic exposure risk activity (TERA). It must be researched and documented when explicitly claimed or implicitly raised by following the TERA procedures outlined in the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act of 2022 Implementation Standard Operating Procedure (SOP) as well as the CBRNE procedures below.

VIII.iii.5.A.1.dAction 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.eEP 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

2Developing Claims Based on Participation in CBRNE Testing

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.

Revised March 17, 2025

VIII.iii.5.A.2.aResearching 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.bProcedure 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.

StepAction
1

Is CBRNE testing participation documented in ILER?Example: This is an image of CBRNE testing participation documented in ILER.

  • 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.

Reference: For more information on TERA procedures, see the PACT Act Implementation SOP.

VIII.iii.5.A.2.cInformation 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

End of Part VIII, Subpart iii, Chapter 5, Section A

This text is a rendering of Part VIII, Subpart iii, Chapter 5, Section A. The official version is the one that governs your claim.

View official source
What next

Using this section

A regulation only helps if you point at it. Here is how to put this one to work.

  1. Cite it by number

    Write Part VIII, Subpart iii, Chapter 5, Section A into your statement and quote the sentence you are relying on. A rater reading a claim that names the rule spends less time guessing what you meant.

  2. Find the rest of the rule

    Sections cross-reference each other constantly. Search 38 CFR and M-21-1 for any reference this one sends you to.

  3. Check the percentages

    Procedure is one half of a claim; the rating criteria are the other. Browse the rating schedule for the diagnostic code that covers your condition.

See what this means for your claim.

Six reads your file against the rules that actually apply to it and tells you what the VA is still missing.

Start for freeBrowse all VA regulations