Susan E. Lukas 9/11 Servicemember Fairness Act
The Susan E. Lukas 9/11 Servicemember Fairness Act would create a new presumption of service connection for certain diseases tied to toxin exposure at the Pentagon Reservation during a specific window after the 9/11 attacks. Specifically, it adds a new Sec. 1120A to 38 U.S.C. Chapter 11, establishing that veterans who served at a Pentagon duty station between September 11, 2001 and November 19, 2001 and who later manifest one of a listed set of diseases will be presumed to have incurred or aggravated that disease in service. This presumption can facilitate VA disability claims by shifting the burden to show a link to service, though it remains rebuttable under existing rules (section 1113). The Secretary would also have authority to add other diseases with a proven positive association to identified toxins or airborne hazards, via regulations. In short, the bill is designed to simplify and broaden eligibility for disability benefits for a defined group of Pentagon-area veterans exposed to toxins in the immediate aftermath of 9/11, while allowing future expansion of the disease list based on scientific evidence.
Key Points
- 1Presumption of service connection for certain diseases for a defined group: The bill creates a legal presumption that specific diseases manifesting in a covered veteran are incurred in or aggravated during active service, even if there is no medical record of the disease during service, subject to existing rebuttal rules.
- 2Eligible population: A “covered veteran” is someone who, from September 11, 2001 through November 19, 2001, performed active military, naval, air, or space service at a duty station located at the Pentagon Reservation (as defined by law).
- 3Diseases listed (Sec. 1120A(b)): The presumption applies to 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 the Secretary determines is warranted based on a positive association with a toxin/airborne hazard identified in the list under 38 U.S.C. 1119(b)(2).
- 4Authority to add diseases: The Secretary may add other illnesses for which a positive association with a substance or airborne hazard identified in 1119(b)(2) is shown, through regulations under subchapter VII.
- 5Implementation and safeguards: The presumption applies under section 1110 but is subject to section 1113 (allowing rebuttal). The bill requires conforming changes to the table of sections and references to regulatory implementation.
- 6Legislative status: The bill is introduced in the House (H.R. 5339) and referred to the Committee on Veterans' Affairs; no Senate text or passage status is provided here. Sponsors include Rep. Subramanyam and others.