HR5339-119

What This Bill Does

The Susan E. Lukas 9/11 Servicemember Fairness Act creates a new VA service-connection presumption for Pentagon Reservation toxin exposure after the September 11 attacks. A covered veteran is one who performed active military, naval, air, or space service while assigned to a duty station at the Pentagon Reservation from September 11, 2001 through November 19, 2001. For purposes of VA disability compensation, specified diseases manifesting in a covered veteran are treated as incurred in or aggravated by service even if the veteran's service records do not show the disease during service, subject to section 1113 rebuttal rules. Listed diseases include asthma, chronic obstructive pulmonary disease, emphysema, tracheomalacia, any cancer, any cardiovascular disease, any skin disease, any respiratory disease, and any other illness or condition that VA determines by regulation warrants a presumption based on a positive association with a substance, chemical, or airborne hazard identified under section 1119(b)(2).

Who Benefits and How

Pentagon Reservation veterans benefit because listed diseases are presumed service connected for VA compensation. Veterans with respiratory diseases benefit from presumptive coverage for asthma, COPD, emphysema, tracheomalacia, and other respiratory illness. Veterans with cancer benefit because cancer of any type is included in the presumptive disease list. Veterans service organizations benefit from clearer statutory grounds for helping affected 9/11 Pentagon veterans file claims.

Who Bears the Burden and How

Department of Veterans Affairs claims processors must apply the new Pentagon Reservation service-connection presumption. VA medical examiners must evaluate listed diseases under the new presumption and section 1113 rebuttal rules. Federal taxpayers fund additional disability compensation for claims approved under the presumption. VA rulemaking staff must determine any additional illnesses tied to covered substances, chemicals, or airborne hazards.

Key Provisions

• Creates a service-connection presumption for veterans assigned to the Pentagon Reservation from September 11 through November 19, 2001.
• Covers asthma, COPD, emphysema, tracheomalacia, cancer, cardiovascular disease, skin disease, respiratory disease, and later VA-designated illnesses.
• Applies even when service records do not show the disease during service.
• Requires VA to use toxin and airborne-hazard associations when adding future presumptive conditions.