Susan E. Lukas 9/11 Servicemember Fairness Act
The Susan E. Lukas 9/11 Servicemember Fairness Act would create a new presumption that certain diseases are connected to military service for veterans who were assigned to the Pentagon Reservation during a specific period after the September 11, 2001 attacks. Specifically, if a covered veteran develops one of a listed set of diseases after serving at the Pentagon between September 11 and November 19, 2001, the law would treat that disease as incurred in or aggravated by military service for purposes of disability benefits (subject to existing evidentiary rules). The list includes respiratory, cardiovascular, skin, cancer, and other conditions, plus a mechanism to add other diseases if the Secretary finds a positive association with a toxin or hazard identified in the federal regulations. The bill defines who counts as a “covered veteran,” sets the Pentagon Reservation as the relevant duty location, and requires the VA to implement the presumption consistent with existing statute and regulations. It broadens eligibility for disability compensation by removing the need to prove the disease occurred during service, instead relying on the presumption if the veteran served at the Pentagon during the specified window and has one of the listed conditions.
Key Points
- 1Establishes a new presumption of service connection under 38 U.S.C. 1120A for diseases tied to toxins at the Pentagon Reservation for veterans who served there from September 11, 2001, through November 19, 2001.
- 2Affected individuals are “covered veterans”—veterans who, during the specified period, performed active service while assigned to the Pentagon Reservation.
- 3Diseases specified include: asthma; chronic obstructive pulmonary disease (COPD); emphysema; tracheomalacia; cancer of any type; any cardiovascular disease; any skin disease; any respiratory disease; and any other illness with a positive association to a listed toxin or hazard identified in 38 U.S.C. 1119(b)(2), as determined by regulations.
- 4The presumption applies for purposes of service connection under 38 U.S.C. 1110, subject to 38 U.S.C. 1113 (i.e., it follows existing rules for presumptions and any applicable exceptions).
- 5The Secretary can add other illnesses to the presumption through regulations under subchapter VII if there is a positive association with a substance, chemical, or airborne hazard identified in the 1119(b)(2) list.
- 6The bill references the definition of “Pentagon Reservation” as used in 10 U.S.C. 2674, tying the eligibility to a specific Pentagon-related location and status.