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Code · STATUTE-COMPILATIONS · Harry W. Colmery Veterans Educational Assistance Act of 2017 · Sec. 502

Sec. 502. RECONSIDERATION OF PREVIOUSLY DENIED CLAIMS FOR DISABILITY COMPENSATION FOR VETERANS WHO ALLEGE FULL-BODY EXPOSURE TO NITROGEN MUSTARD GAS, SULFUR MUSTARD GAS, OR LEWISITE DURING WORLD WAR II

1,070 words·~5 min read·/statute-compilations/comps-13691/sec-502

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## SEC. 502 RECONSIDERATION OF PREVIOUSLY DENIED CLAIMS FOR DISABILITY COMPENSATION FOR VETERANS WHO ALLEGE FULL-BODY EXPOSURE TO NITROGEN MUSTARD GAS, SULFUR MUSTARD GAS, OR LEWISITE DURING WORLD WAR II ###
(a)In General ####
(1)Reconsideration required The Secretary of Veterans Affairs shall reconsider all claims for compensation described in paragraph
(2)and make a new determination regarding each such claim. ####
(2)Claims for compensation described A claim for compensation described in this paragraph is a claim for compensation under chapter 11 of title 38, United States Code, that the Secretary determines— #####
(A)arose from the alleged full-body exposure of a veteran to a covered substance— ######
(i)during active military, naval, or air service during World War II; and ######
(ii)at a site listed in paragraph (3); and #####
(B)was denied before the date of the enactment of this Act. ####
(3)Sites The sites listed in this paragraph are the following: #####
(A)Camp Siebert, Alabama. #####
(B)Fort McClellan, Alabama. #####
(C)Huntsville Arsenal, Alabama. #####
(D)Rocky Mountain Arsenal, Colorado. #####
(E)Naval Research Laboratory, D.C. #####
(F)Bushnell Field, Florida. #####
(G)Great Lakes Naval Training Center, Illinois. #####
(H)Edgewood Arsenal, Maryland. #####
(I)Fort Detrick, Maryland. #####
(J)Naval Research Laboratory, Maryland. #####
(K)Naval Training Center, Bainbridge, Maryland. #####
(L)Horn Island Installation, Mississippi. #####
(M)Camp Crowder, Missouri. #####
(N)Hart’s Island, New York. #####
(O)Camp Lejeune, North Carolina. #####
(P)Charleston, South Carolina. #####
(Q)Dugway Proving Ground, Utah. #####
(R)Toole Army Depot, Utah. #####
(S)Naval Research Laboratory, Virginia. #####
(T)U.S.S. Eagle Boat No. 58. #####
(U)Ondal, India. #####
(V)Fort Clayton, San Jose Island, Panama. #####
(W)Any site the Secretary of Veterans Affairs determines is appropriate. ####
(4)Factors of consideration In making a determination under paragraph (1), the Secretary— #####
(A)shall consider— ######
(i)that contemporaneous records of testing of full-body exposure to a covered substance frequently may be unavailable because such tests were classified or such records were lost or destroyed; ######
(ii)that many veterans were sworn to secrecy following testing described in clause (i); ######
(iii)each statement based on personal knowledge of a veteran who served at a site listed in paragraph (3); ######
(iv)information in the report from the Secretary of Defense under subsection (b)(2); and ######
(v)any evidence the Secretary considers relevant; and #####
(B)may not determine that testing of full-body exposure to a covered substance did not occur at a site based solely on— ######
(i)information contained in the Department of Defense and Department of Veterans Affairs Chemical Biological Warfare Database; or ######
(ii)any list of known sites of testing of full-body exposure to a covered substance maintained by the Department of Veterans Affairs or the Department of Defense. ####
(5)Presumption of exposure In carrying out paragraph (1), when the Secretary of Veterans Affairs makes a determination regarding whether a veteran experienced full-body exposure to a covered substance, the Secretary— #####
(A)shall presume, unless there is affirmative evidence to establish otherwise, that the veteran experienced such exposure by reason of the service of the veteran in World War II— ######
(i)based on the locations listed in paragraph (3); and ######
(ii)consistent with the places, types, and circumstances of service of the veteran in accordance with section 1154 of title 38; and #####
(B)shall resolve each reasonable doubt in favor of the veteran. ####
(6)Effective date of award The effective date of any award of disability compensation resulting from reconsideration of a claim under paragraph
(1)shall be fixed in accordance with the facts found, but shall not be earlier than the date of the receipt of the claim for compensation described in paragraph (2). ###
(b)Investigation and Report by the Secretary of Defense Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— ####
(1)investigate and assess each site— #####
(A)where the Army Corps of Engineers has uncovered evidence of testing conducted by the Department of Defense during World War II to assess the effects of full-body exposure to a covered substance on humans; or #####
(B)with regards to which more than two veterans have been denied claims for compensation under chapter 11 of title 38, United States Code, in connection with exposure to a covered substance at such site; and ####
(2)submit to the appropriate congressional committees and the Secretary of Veterans Affairs a report on testing described in paragraph (1)(A), including— #####
(A)a list of each location where such testing occurred, including locations investigated and assessed under paragraph (1); #####
(B)the dates of each such testing; and #####
(C)the number of members of the Armed Forces who experienced full-body exposure to a covered substance in each such testing. ###
(c)Investigation and Report by Secretary of Veterans Affairs Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall— ####
(1)investigate and assess— #####
(A)the actions taken by the Secretary to contact individuals who experienced full-body exposure to a covered substance in the course of testing described in subsection (b)(1)(A); #####
(B)the number of claims filed with the Secretary for disability compensation under chapter 11 of title 38, United States Code, arising from testing described in subsection (b)(1)(A); and #####
(C)the percentage of claims described in subparagraph
(B)that the Secretary denied. ####
(2)submit to the appropriate congressional committees and the Secretary of Defense a report regarding the investigations and assessments carried out under paragraph (1). ###
(d)Definitions In this section: ####
(1)The terms “**active military, naval, or air service**”, “**veteran**”, and “**World War II**” have the meanings given such terms in section 101 of title 38, United States Code. ####
(2)The term “**appropriate congressional committees**” means— #####
(A)the Committees on Armed Services of the House of Representatives and the Senate; and #####
(B)the Committees on Veterans’ Affairs of the House of Representatives and the Senate. ####
(3)The term “**covered substance**” means— #####
(A)nitrogen mustard gas; #####
(B)sulfur mustard gas; or #####
(C)Lewisite. ####
(4)The term “**full-body exposure**”, with respect to a covered substance, has the meaning given that term by the Secretary of Defense.
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