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Referenced Laws
chapter 11
Section 1
1. Short title This Act may be cited as the Michael Lecik Military Firefighters Protection Act.
Section 2
2. Presumptions of service connection for diseases associated with firefighting Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 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 veteran described in subsection (c) to a degree of disability specified in subsection (d) and within the period specified in subsection (e) shall be considered to have been incurred in or aggravated during active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during a period of such service. The diseases specified in this subsection are the following: Heart disease. Lung disease. Brain cancer. Cancer of the blood or lymphatic systems. Leukemia. Lymphoma (except Hodgkin’s disease). Multiple myeloma. Bladder cancer. Kidney cancer. Cancer of the reproductive system (including testicular cancer). Cancer of the digestive system. Colon cancer. Liver cancer. Skin cancer. Lung cancer. Breast cancer. Each additional disease (if any) that the Secretary determines in regulations prescribed under this section— warrants a presumption of service connection by reason of having positive association with firefighting; and becomes manifest within the period (if any) prescribed in such regulations in a veteran described in subsection (c), notwithstanding subsection (e). A veteran described in this subsection is a veteran who— is trained in fire suppression; and served on active duty in a military occupational specialty or career field with a primary responsibility for firefighting or damage control for at least five years in the aggregate. The degree of disability specified in this subsection is 10 percent or more. The period specified in this subsection is within 15 years of the date on which the veteran separated from active military, naval, or air service. The effective date of an award under this section shall be determined in accordance with section 5110 of this title. The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1120 the following new item: 1120A.Presumptions of service connection for diseases associated with firefighting
(a)Service connectionFor 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 veteran described in subsection (c) to a degree of disability specified in subsection (d) and within the period specified in subsection (e) shall be considered to have been incurred in or aggravated during active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during a period of such service. (b)Specified diseasesThe diseases specified in this subsection are the following:
(1)Heart disease. (2)Lung disease.
(3)Brain cancer. (4)Cancer of the blood or lymphatic systems.
(5)Leukemia. (6)Lymphoma (except Hodgkin’s disease).
(7)Multiple myeloma. (8)Bladder cancer.
(9)Kidney cancer. (10)Cancer of the reproductive system (including testicular cancer).
(11)Cancer of the digestive system. (12)Colon cancer.
(13)Liver cancer. (14)Skin cancer.
(15)Lung cancer. (16)Breast cancer.
(17)Each additional disease (if any) that the Secretary determines in regulations prescribed under this section— (A)warrants a presumption of service connection by reason of having positive association with firefighting; and
(B)becomes manifest within the period (if any) prescribed in such regulations in a veteran described in subsection (c), notwithstanding subsection (e). (c)Covered veteransA veteran described in this subsection is a veteran who—
(1)is trained in fire suppression; and (2)served on active duty in a military occupational specialty or career field with a primary responsibility for firefighting or damage control for at least five years in the aggregate.
(d)Degree of disabilityThe degree of disability specified in this subsection is 10 percent or more. (e)PeriodThe period specified in this subsection is within 15 years of the date on which the veteran separated from active military, naval, or air service.
(f)Effective date of awardThe effective date of an award under this section shall be determined in accordance with section 5110 of this title.. 1120A. Presumptions of service connection for diseases associated with firefighting..
Section 3
1120A. Presumptions of service connection for diseases associated with firefighting 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 veteran described in subsection (c) to a degree of disability specified in subsection (d) and within the period specified in subsection (e) shall be considered to have been incurred in or aggravated during active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during a period of such service. The diseases specified in this subsection are the following: Heart disease. Lung disease. Brain cancer. Cancer of the blood or lymphatic systems. Leukemia. Lymphoma (except Hodgkin’s disease). Multiple myeloma. Bladder cancer. Kidney cancer. Cancer of the reproductive system (including testicular cancer). Cancer of the digestive system. Colon cancer. Liver cancer. Skin cancer. Lung cancer. Breast cancer. Each additional disease (if any) that the Secretary determines in regulations prescribed under this section— warrants a presumption of service connection by reason of having positive association with firefighting; and becomes manifest within the period (if any) prescribed in such regulations in a veteran described in subsection (c), notwithstanding subsection (e). A veteran described in this subsection is a veteran who— is trained in fire suppression; and served on active duty in a military occupational specialty or career field with a primary responsibility for firefighting or damage control for at least five years in the aggregate. The degree of disability specified in this subsection is 10 percent or more. The period specified in this subsection is within 15 years of the date on which the veteran separated from active military, naval, or air service. The effective date of an award under this section shall be determined in accordance with section 5110 of this title.