H.R. 299 — what changed

added This Act may be cited as the “Blue Water Navy Vietnam Veterans Act of 2018”.

removed “1116A. Presumptions of service connection for veterans who served in the territorial seas of the Republic of Vietnam

removed “(a) Service connection—For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease covered by section 1116 of this title becoming manifest as specified in that section in a veteran who, during active military, naval, or air service, served in the territorial seas of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of such disease during the period of such service.

removed “(b) Exposure—A veteran who, during active military, naval, or air service, served in the territorial seas of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent containing dioxin or 2,4-dichlorophenoxyacetic acid, and may be presumed to have been exposed during such service to any other chemical compound in an herbicide agent, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.

removed “(c) Effective date of award

removed “(1) Except as provided by paragraph (2), the effective date of an award under this section shall be determined in accordance with section 5110 of this title.

removed “(2)

removed “(A) Notwithstanding subsection (g) of section 5110 of this title, the Secretary shall determine the effective date of an award based on a claim under this section for a veteran described in subparagraph (B) by treating the date on which the veteran filed the prior claim specified in clause (i) of such subparagraph as the date on which the veteran filed the claim so awarded under this section.

removed “(B) A veteran described in this subparagraph is a veteran who meets the following criteria:

removed “(i) The veteran submitted a claim for disability compensation on or after September 25, 1985, and before January 1, 2019, for a disease covered by this section, and the claim was denied by reason of the claim not establishing that the disease was incurred or aggravated by the service of the veteran.

removed “(ii) The veteran submits a claim for disability compensation on or after January 1, 2019, for the same condition covered by the prior claim under clause (i), and the claim is approved pursuant to this section.

removed “(d) Herbicide agent—In this section, the term “herbicide agent” has the meaning given that term in section 1116 (a)(3) of this title.”

changed “1116B. Presumption “1116A. Presumptions of herbicide exposure service connection for certain veterans who served in Koreaoffshore of the Republic of Vietnam

changed “(a) Presumption Service connection—For the purposes of service-Connectionsection 1110 of this title, and subject to section 1113 of this title, a disease covered by section 1116 of this title becoming manifest as specified in that section in a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of such disease during the period of such service.

changed “(1) For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) that becomes manifest as specified in that subsection in a “(b) Exposure—A veteran described in paragraph (2) shall be considered to have been incurred or aggravated in the line of duty in the who, during active military, naval, or air service, notwithstanding that there is no record served offshore of evidence the Republic of such disease Vietnam during the period of beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.

changed “(2) A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served in or near the Korean demilitarized zone (DMZ), during the period beginning on September 1, 1967, and ending on August 31, 1971.“(c) Effective date of award

changed “(b) Diseases—A disease specified “(1) Except as provided by paragraph (2), the effective date of an award under this section shall be determined in accordance with section 5110 of this subsection is—title.

changed “(1) a disease specified in paragraph (2) of subsection (a) of section 1116 of this title that becomes manifest as specified in that paragraph; or“(2)

changed “(2) any additional disease that—“(A) Notwithstanding subsection (g) of section 5110 of this title, the Secretary shall determine the effective date of an award based on a claim under this section for an individual described in subparagraph (B) by treating the date on which the individual filed the prior claim specified in clause (i) of such subparagraph as the date on which the individual filed the claim so awarded under this section.

changed “(A) the Secretary determines “(B) An individual described in regulations warrants this subparagraph is a presumption of service-connection by reason veteran, or a survivor of having positive association with exposure to an herbicide agent; anda veteran, who meets the following criteria:

changed “(B) becomes manifest within any period prescribed in such regulations.“(i) The veteran or survivor submitted a claim for disability compensation on or after September 25, 1985, and before January 1, 2019, for a disease covered by this section, and the claim was denied by reason of the claim not establishing that the disease was incurred or aggravated by the service of the veteran.

changed “(c) Herbicide agent—For purposes of this section, “(ii) The veteran or survivor submits a claim for disability compensation on or after January 1, 2019, for the term “herbicide agent” has same condition covered by the meaning given such term in section 1821(d) of prior claim under clause (i), and the claim is approved pursuant to this title.”section.

added “(d) Determination of offshore—Notwithstanding any other provision of law, for purposes of this section, the Secretary shall treat a location as being offshore of Vietnam if the location is not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia and intersecting the following points:

added “(e) Herbicide agent—In this section, the term “herbicide agent” has the meaning given that term in section 1116 (a)(3) of this title.”

changed “1822. Benefits for children “1116B. Presumption of herbicide exposure for certain Thailand service veterans born with spina bifidawho served in Korea

changed “(a) Benefits authorized—The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child Presumption of a Vietnam veteran who is suffering from spina bifida under such subchapter.service-Connection

changed “(b) Spina bifida conditions covered—This “(1) For the purposes of section applies with respect to all forms 1110 of this title, and manifestations subject to section 1113 of spina bifida, except spina bifida occulta.this title, a disease specified in subsection (b) that becomes manifest as specified in that subsection in a veteran described in paragraph (2) shall be considered to have been incurred or aggravated in the line of duty in the active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service.

changed “(c) Veteran of covered service “(2) A veteran described in Thailand—For purposes of this section, paragraph is a veteran of covered service who, during active military, naval, or air service, served in Thailand is any individual, without regard to or near the characterization of that individual's service, who—Korean Demilitarized Zone (DMZ), during the period beginning on September 1, 1967, and ending on August 31, 1971.

changed “(1) served in the active military, naval, or air service in Thailand, as determined by the Secretary “(b) Diseases—A disease specified in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; andthis subsection is—

changed “(2) is determined by the Secretary, “(1) a disease specified in consultation with the Secretary paragraph (2) of Defense, to have been exposed to a herbicide agent during such service subsection (a) of section 1116 of this title that becomes manifest as specified in Thailand.that paragraph; or

changed “(d) Herbicide agent—For purposes of this section, the term herbicide agent means a chemical in a herbicide used in support of United States and allied military operations in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975.”“(2) any additional disease that—

added “(A) the Secretary determines in regulations warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent; and

added “(B) becomes manifest within any period prescribed in such regulations.

added “(c) Herbicide agent—For purposes of this section, the term “herbicide agent” has the meaning given such term in section 1821(d) of this title.”

added “1822. Benefits for children of certain Thailand service veterans born with spina bifida

added “(a) Benefits authorized—The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter.

added “(b) Spina bifida conditions covered—This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.

added “(c) Veteran of covered service in Thailand—For purposes of this section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual's service, who—

added “(1) served in the active military, naval, or air service in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; and

added “(2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in Thailand.

added “(d) Herbicide agent—For purposes of this section, the term herbicide agent means a chemical in a herbicide used in support of United States and allied military operations in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975.”

added “(C) For purposes of section 1822 of this title, an individual, regardless of age or marital status, who—

added “(i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and

added “(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.”

removed Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the findings, as of the date of the report, of the Follow-up Study of a National Cohort of Gulf War and Gulf Era Veterans under the epidemiology program of the Department of Veterans Affairs.

added Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an updated report on the findings, as of the date of the updated report, of the Follow-up Study of a National Cohort of Gulf War and Gulf Era Veterans under the epidemiology program of the Department of Veterans Affairs.

removed “(3) A fee shall be collected under this section from any veteran with a service-connected disability rated as less than total, or any surviving spouse of such a veteran, who, on or after January 1, 2019, receives a loan in an amount that exceeds the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.”

removed “(3) The Secretary shall permit an appraiser on a list developed and maintained under subsection (a)(3) to make an appraisal for the purposes of this chapter based solely on information gathered by a person with whom the appraiser has entered into an agreement for such services.”

added “(3) A fee shall be collected under this section from any veteran with a service-connected disability rated as less than total, any surviving spouse of such a veteran, and any member of the Armed Forces who, on or after January 1, 2019, receives a loan in an amount that exceeds the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.”