To amend title 38, United States Code, to prohibit the Secretary of Veterans Affairs from requiring evidence of a certain dose of radiation to determine that a veteran is a radiation-exposed veteran, and for other purposes.
Sponsors
Legislative Progress
IntroducedMs. Titus introduced the following bill; which was referred to …
Summary
What This Bill Does
The PRESUME Act (Providing Radiation Exposed Servicemembers Undisputed Medical Eligibility Act) prohibits the Department of Veterans Affairs from requiring veterans to provide evidence of a specific radiation dose to qualify as "radiation-exposed veterans" for disability benefits. This changes existing VA policy that often requires veterans to submit dosimetry records (measurements of radiation exposure) to prove they were exposed during military service. Many veterans cannot provide such records because they were never taken, have been lost, or the exposure was never measured at the time of service.
Who Benefits and How
Veterans who were exposed to radiation during military service benefit significantly. This includes atomic veterans who participated in nuclear weapons testing, veterans who served in occupation forces in Hiroshima or Nagasaki, former prisoners of war held in Japan, and other service members exposed to radiation. These veterans will find it much easier to qualify for service-connected disability benefits because they no longer need to locate and submit decades-old dosimetry records that may not exist. Veterans service organizations (VSOs) and legal advocates also benefit by having simpler claims processes for their clients. Veterans who were previously denied benefits due to lack of dosimetry evidence can now reapply, and families of deceased radiation-exposed veterans may newly qualify for survivor benefits.
Who Bears the Burden and How
The Department of Veterans Affairs faces increased costs and administrative workload. VA benefits adjudicators must develop and implement new evaluation standards that don't rely on dosimetry requirements, and the agency can expect a higher number of approved disability claims. The VA healthcare system will see increased utilization as more veterans qualify for service-connected care. Federal taxpayers ultimately bear the financial burden through increased spending on veterans disability compensation and healthcare services. While the bill doesn't specify appropriations, removing this evidentiary barrier will likely result in significantly higher long-term costs for veterans benefits programs.
Key Provisions
- Prohibits the VA Secretary from requiring evidence of a specific radiation dose to determine radiation-exposed veteran status
- Applies to all categories of radiation-exposed veterans defined in 38 U.S.C. § 1112(c), including nuclear test participants, occupation forces, and POWs
- Removes the dosimetry evidence requirement that has been a significant barrier to benefits access
- Shifts the evidentiary burden away from veterans having to prove exact exposure levels
- Allows veterans to establish radiation exposure through alternative forms of evidence beyond dose measurements
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
Prohibits the VA Secretary from requiring evidence of a specific radiation dose to determine veteran radiation exposure status for benefits eligibility
Policy Domains
Legislative Strategy
"Reduce evidentiary barriers for veterans seeking disability benefits related to radiation exposure by shifting burden of proof away from veterans having to demonstrate specific radiation dosage levels"
Likely Beneficiaries
- Veterans exposed to radiation during military service
- Veterans service organizations (VSOs)
- Veterans disability claimants
- Families of deceased radiation-exposed veterans
Likely Burden Bearers
- Department of Veterans Affairs (VA) - increased benefits workload and costs
- VA medical evaluators - must use alternative evidence standards
- Federal budget - increased disability compensation costs
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "the_secretary"
- → Secretary of Veterans Affairs
Key Definitions
Terms defined in this bill
A veteran who was exposed to radiation during military service, as defined in 38 U.S.C. § 1112(c). This includes veterans who participated in nuclear weapons testing, were POWs in Japan, served in certain occupation forces, or were exposed through other specified service-connected events. The bill amends this section to prohibit requiring specific dosage evidence.
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology