(a) Formal Evaluations.—
The Secretary shall establish a process to conduct a formal evaluation with respect to each recommendation made by the Working Group under section 1172 of this title.
(b) Evidence, Data, and Factors.—The Secretary shall ensure that each formal evaluation under subsection (a) covers the following:
(1)
Scientific evidence, based on the review of available scientific literature, including human, toxicological, animal, and methodological studies, and other factors.
(2)
Claims data, based on the review of claim rate, grant rate, and service connection prevalence, and other factors.
(c) Conduct of Evaluations.—
(1) The Secretary shall ensure that each formal evaluation under subsection (a)—
(B)
(i)
evaluates the likelihood that a positive association exists between an illness and a toxic exposure while serving in the active military, naval, air, or space service; and
(2) In carrying out paragraph (1)(B)(ii), a formal evaluation under subsection (a) shall include reviewing all relevant data to determine the strength of evidence for a positive association based on the following four categories:
(A)
The “sufficient” category, where the evidence is sufficient to conclude that a positive association exists.
(B)
The “equipoise and above” category, where the evidence is sufficient to conclude that a positive association is at least as likely as not, but not sufficient to conclude that a positive association exists.
(d) Recommendation for Establishing a Presumption of Service Connection.—
Not later than 120 days after the date on which a formal evaluation is commenced, the element of the Department that conducts the evaluation shall submit to the Secretary a recommendation with respect to establishing a presumption of service connection for the toxic exposure and illness, or modifying an existing presumption of service connection, covered by the evaluation.