HR5339-119

1. Short title This Act may be cited as the Susan E. Lukas 9/11 Servicemember Fairness Act.

2. Presumption of service connection for certain diseases associated with exposure to certain toxins at the Pentagon Reservation during certain period beginning on September 11, 2001 Subchapter II of chapter 11 of title 38, United States Code is amended by adding at the end the following new section (and conforming the table of sections at the beginning of such chapter accordingly): 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. The diseases specified in this subsection are the following: Asthma. Chronic obstructive pulmonary disease. Emphysema. Tracheomalacia. Cancer of any type. A cadiovascular disease of any type. A skin disease of any type. A respiratory disease of any type. Any other illness or condition 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. In this section: The term covered veteran means any veteran who, during the period beginning on September 11, 2001, and ending on November 19, 2001, performed active military, naval, air, or space service while assigned to a duty station at the Pentagon Reservation. The term Pentagon Reservation has the meaning given such term in section 2674 of title 10. 1120A.Presumption of service connection for certain diseases associated with exposure to toxins at Pentagon Reservation during certain period beginning on September 11, 2001 (a)Presumption of 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 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 specifiedThe diseases specified in this subsection are the following: (1)Asthma. (2)Chronic obstructive pulmonary disease. (3)Emphysema. (4)Tracheomalacia. (5)Cancer of any type. (6)A cadiovascular disease of any type. (7)A skin disease of any type. (8)A respiratory disease of any type. (9)Any other illness or condition 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)DefinitionsIn this section: (1)The term covered veteran means any veteran who, during the period beginning on September 11, 2001, and ending on November 19, 2001, performed active military, naval, air, or space service while assigned to a duty station at the Pentagon Reservation. (2)The term Pentagon Reservation has the meaning given such term in section 2674 of title 10..

1120A. Presumption of service connection for certain diseases associated with exposure to toxins at Pentagon Reservation during certain period beginning on September 11, 2001 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. The diseases specified in this subsection are the following: Asthma. Chronic obstructive pulmonary disease. Emphysema. Tracheomalacia. Cancer of any type. A cadiovascular disease of any type. A skin disease of any type. A respiratory disease of any type. Any other illness or condition 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. In this section: The term covered veteran means any veteran who, during the period beginning on September 11, 2001, and ending on November 19, 2001, performed active military, naval, air, or space service while assigned to a duty station at the Pentagon Reservation. The term Pentagon Reservation has the meaning given such term in section 2674 of title 10.