US Codex
Pub. L.
Notes

Title IV — Presumptions of Service Connection

117th Congress · Approved Aug 10, 2022 · 136 Stat. 1759 · Lineage

TITLE IV Presumptions of Service Connection

SEC. 401. Treatment of Veterans Who Participated in Cleanup of Enewetak Atoll as Radiation-Exposed Veterans for Purposes of Presumption of Service Connection of Certain Disabilities by Department of Veterans Affairs.

(a)
Short Title.— This section may be cited as the “Mark Takai Atomic Veterans Healthcare Parity Act of 2022”.
(b)
Enewetak Atoll.— Section 1112(c)(3)(B) is amended by adding at the end the following new clause:

“(v) Cleanup of Enewetak Atoll during the period beginning on January 1, 1977, and ending on December 31, 1980.”

SEC. 402. Treatment of Veterans Who Participated in Nuclear Response Near Palomares, Spain, or Thule, Greenland, as Radiation-Exposed Veterans for Purposes of Presumption of Service Connection of Certain Disabilities by Department of Veterans Affairs.

(a)
Short Title.— This section may be cited as the “Palomares or Thule Veterans Act of 2022”.
(b)
Palomares or Thule.— Section 1112(c)(3)(B), as amended by section 401, is further amended by adding at the end the following new clauses:

“(vi) Onsite participation in the response effort following the collision of a United States Air Force B–52 bomber and refueling plane that caused the release of four thermonuclear weapons in the vicinity of Palomares, Spain, during the period beginning January 17, 1966, and ending March 31, 1967.

“(vii) Onsite participation in the response effort following the on-board fire and crash of a United States Air Force B–52 bomber that caused the release of four thermonuclear weapons in the vicinity of Thule Air Force Base, Greenland, during the period beginning January 21, 1968, and ending September 25, 1968.”

SEC. 403. Presumptions of Service Connection for Diseases Associated with Exposures to Certain Herbicide Agents for Veterans Who Served in Certain Locations.

(a)
Short Title.— This section may be cited as the “Veterans Agent Orange Exposure Equity Act of 2022”.
(b)
In General.— Section 1116, as amended by section 202, is further amended—
(1)
by striking “ , during active military, naval, air, or space service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975” each place it appears and inserting “ performed covered service”;
(2)
by striking “ performed active military, naval, air, or space service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975” each place it appears and inserting “ performed covered service”; and
(3)
by adding at the end the following new subsection:

“(d) In this section, the term ‘covered service’ means active military, naval, air, or space service—

“(1) performed in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975;

“(2) performed in Thailand at any United States or Royal Thai base during the period beginning on January 9, 1962, and ending on June 30, 1976, without regard to where on the base the veteran was located or what military job specialty the veteran performed;

“(3) performed in Laos during the period beginning on December 1, 1965, and ending on September 30, 1969;

“(4) performed in Cambodia at Mimot or Krek, Kampong Cham Province during the period beginning on April 16, 1969, and ending on April 30, 1969; or

“(5) performed on Guam or American Samoa, or in the territorial waters thereof, during the period beginning on January 9, 1962, and ending on July 31, 1980, or served on Johnston Atoll or on a ship that called at Johnston Atoll during the period beginning on January 1, 1972, and ending on September 30, 1977.”

(c)
Eligibility for Hospital Care and Medical Services.— Section 1710(e)(4), as amended by section 102(c), is further amended by striking subparagraph (A) and inserting the following new subparagraph:

“(A) The term ‘Vietnam-era herbicide-exposed veteran’ means a veteran who—

“(i) performed covered service, as defined in section 1116(d) of this title; or

“(ii) the Secretary finds may have been exposed during active military, naval, air, or space service to dioxin during the Vietnam era, regardless of the geographic area of such service, or was exposed during such service to a toxic substance found in a herbicide or defoliant used for military purposes during such era, regardless of the geographic area of such service.”

(d)
Conforming Amendment.— The heading for section 1116 is amended by striking “ the Republic of Vietnam” and inserting “ certain locations”.
(e)
Effective Date and Applicability.— The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply as follows:
(1)
On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and for veterans whom the Secretary of Veterans Affairs determines are—
(A)
terminally ill;
(B)
homeless;
(C)
under extreme financial hardship;
(D)
more than 85 years old; or
(E)
capable of demonstrating other sufficient cause.
(2)
On October 1, 2022, for everyone not described in paragraph (1).

SEC. 404. Addition of Additional Diseases Associated with Exposure to Certain Herbicide Agents for Which There Is a Presumption of Service Connection for Veterans Who Served in Certain Locations.

(a)
Short Title.— This section may be cited as the “Fair Care for Vietnam Veterans Act of 2022”.
(b)
Monoclonal Gammopathy of Undetermined Significance.— Section 1116(a)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph:

“(L) Monoclonal gammopathy of undetermined significance.”

(c)
Hypertension.— Such section, as amended by subsection (b), is further amended by adding at the end the following new subparagraph:

“(M) Hypertension.”

(d)
Effective Dates and Applicability.—
(1)
Monoclonal gammopathy of undetermined significance.—
(A)
In general.— The amendment made by subsection (b) shall take effect on the date of the enactment of this Act and shall apply as follows:
(i)
On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and for veterans whom the Secretary of Veterans Affairs determines are—
(I)
terminally ill;
(II)
homeless;
(III)
under extreme financial hardship;
(IV)
more than 85 years old; or
(V)
capable of demonstrating other sufficient cause.
(ii)
On October 1, 2022, for everyone not described in clause (i).
(B)
Retroactive application.— Notwithstanding any Federal court decisions or settlements in effect on the day before the date of the enactment of this Act, the Secretary of Veterans Affairs shall award retroactive claims for a condition under section 1116(a)(2)(L) of title 38, United States Code, as added by subsection (b) of this section, only to claimants for dependency and indemnity compensation under chapter 13 of such title described in subparagraph (A)(i) of this paragraph.
(2)
Hypertension.—
(A)
In general.— The amendment made by subsection (c) shall take effect on the date of the enactment of this Act and shall apply as follows:
(i)
On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and for veterans whom the Secretary of Veterans Affairs determines are—
(I)
terminally ill;
(II)
homeless;
(III)
under extreme financial hardship;
(IV)
more than 85 years old; or
(V)
capable of demonstrating other sufficient cause.
(ii)
On October 1, 2026, for everyone not described in subparagraph (A).
(B)
Retroactive application.— Notwithstanding any Federal court decisions or settlements in effect on the day before the date of the enactment of this Act, the Secretary of Veterans Affairs shall award retroactive claims for a condition under section 1116(a)(2)(M) of title 38, United States Code, as added by subsection (c) of this section, only to claimants for dependency and indemnity compensation under chapter 13 of such title described in subparagraph (A)(i) of this paragraph.

SEC. 405. Improving Compensation for Disabilities Occurring in Persian Gulf War Veterans.

(a)
Reduction in Threshold of Eligibility.— Subsection (a)(1) of section 1117 is amended by striking “ became manifest—” and all that follows through the period at the end and inserting “ became manifest to any degree at any time.”.
(b)
Permanent Extension of Period of Eligibility.— Such section is further amended—
(1)
by striking subsection (b);
(2)
by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and
(3)
in subsection (a)(2)(C), by striking “ under subsection (d)” and inserting “ under subsection (c)”.
(c)
Establishing Singular Disability-based Questionnaire.— Such section is further amended by inserting after subsection (c) (as redesignated by subsection (b)) the following new subsection (d):

“(d) If a Persian Gulf veteran at a medical facility of the Department presents with any one symptom associated with Gulf War Illness, the Secretary shall ensure that health care personnel of the Department use a disability benefits questionnaire, or successor questionnaire, designed to identify Gulf War Illness, in addition to any other diagnostic actions the personnel determine appropriate.”

(d)
Expansion of Definition of Persian Gulf Veteran.— Subsection (f) of such section is amended by inserting “ , Afghanistan, Israel, Egypt, Turkey, Syria, or Jordan,” after “ operations”.
(e)
Training.— Such section is further amended by adding at the end the following new subsection:

“(i)

(1) The Secretary shall take such actions as may be necessary to ensure that health care personnel of the Department are appropriately trained to effectively carry out this section.

“(2) Not less frequently than once each year, the Secretary shall submit to Congress a report on the actions taken by the Secretary to carry out paragraph (1).”

SEC. 406. Presumption of Service Connection for Certain Diseases Associated with Exposure to Burn Pits and Other Toxins.

(a)
Short Title.— This section may be cited as the “Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2022”.
(b)
In General.— Subchapter II of chapter 11, as amended by section 302, is further amended by inserting after section 1119 the following new section:

Ҥ 1120. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins

“(a) Presumption of Service Connection.—For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease during the period of such service.

“(b) Diseases Specified.—The diseases specified in this subsection are the following:

“(1) Asthma that was diagnosed after service of the covered veteran as specified in subsection (c).

“(2) The following types of cancer:

“(A) Head cancer of any type.

“(B) Neck cancer of any type.

“(C) Respiratory cancer of any type.

“(D) Gastrointestinal cancer of any type.

“(E) Reproductive cancer of any type.

“(F) Lymphoma cancer of any type.

“(G) Lymphomatic cancer of any type.

“(H) Kidney cancer.

“(I) Brain cancer.

“(J) Melanoma.

“(K) Pancreatic cancer.

“(3) Chronic bronchitis.

“(4) Chronic obstructive pulmonary disease.

“(5) Constrictive bronchiolitis or obliterative bronchiolitis.

“(6) Emphysema.

“(7) Granulomatous disease.

“(8) Interstitial lung disease.

“(9) Pleuritis.

“(10) Pulmonary fibrosis.

“(11) Sarcoidosis.

“(12) Chronic sinusitis.

“(13) Chronic rhinitis.

“(14) Glioblastoma.

“(15) Any other disease for which the Secretary determines, pursuant to regulations prescribed under subchapter VII that a presumption of service connection is warranted based on a positive association with a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title.

“(c) Covered Veteran Defined.—In this section, the term ‘covered veteran’ has the meaning given that term in section 1119(c) of this title.”

(c)
Conforming Amendment.— Section 1113 is amended by striking “ or 1118” each place it appears and inserting “ 1118, or 1120”.
(d)
Effective Date and Applicability.— The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply as follows:
(1)
On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and veterans whom the Secretary of Veterans Affairs determines are—
(A)
terminally ill;
(B)
homeless;
(C)
under extreme financial hardship;
(D)
more than 85 years old; or
(E)
capable of demonstrating other sufficient cause.
(2)
On the date of the enactment of this Act for everyone not described in paragraph (1), with respect to paragraphs (1), (2)(C), (2)(I), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14), of section 1120(b) of title 38, United States Code, as added by subsection (b).
(3)
On October 1, 2023, for everyone not described in paragraph (1), with respect to paragraphs (3) and (4) of section 1120(b) of such title, as so added.
(4)
On October 1, 2024, for everyone not described in paragraph (1), with respect to subparagraphs (A), (B), (D), (E), (F), (G), and (K) of section 1120(b)(2) of such title, as so added.
(5)
On October 1, 2025, for everyone not described in paragraph (1), with respect to subparagraphs (H) and (J) of section 1120(b)(2) of such title, as so added.

SEC. 407. Rule of Construction.

(a)
Generally.— Nothing in this Act shall be construed to prevent the Secretary of Veterans Affairs from processing claims for benefits under title 38, United States Code, for a condition or disease for which this Act establishes a presumption of service connection, as a claim for benefits for a condition or disease with direct service connection.
(b)
Effective Dates and Applicability.— The Secretary shall not deny a claim for benefits under title 38, United States Code, for a condition or disease for which this Act establishes a presumption of service connection because the claimant filed the claim prior to the effective date or date of applicability for that particular condition or disease.