Sec. 404. ADDITION OF ADDITIONAL DISEASES ASSOCIATED WITH EXPOSURE TO CERTAIN HERBICIDE AGENTS FOR WHICH THERE IS A PRESUMPTION OF SERVICE CONNECTION FOR VETERANS WHO SERVED IN CERTAIN LOCATIONS
510 words·~2 min read·
/statute-compilations/comps-16990/sec-404A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 404 ADDITION OF ADDITIONAL DISEASES ASSOCIATED WITH EXPOSURE TO CERTAIN HERBICIDE AGENTS FOR WHICH THERE IS A PRESUMPTION OF SERVICE CONNECTION FOR VETERANS WHO SERVED IN CERTAIN LOCATIONS ###
(a)Short Title **[**[38 U.S.C. 101 note](/us/usc/t38/s101)**]** This section may be cited as the “Fair Care for Vietnam Veterans Act of 2022”. ###
(b)Monoclonal Gammopathy of Undetermined Significance **[**[38 U.S.C. 1116](/us/usc/t38/s1116)**]** Section 1116(a)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph: > > ##### “(L) > > Monoclonal gammopathy of undetermined significance.” > . ###
(c)Hypertension Such section, as amended by subsection (b), is further amended by adding at the end the following new subparagraph: > > ##### “(M) > > Hypertension.” > . ###
(d)Effective Dates and Applicability **[**[38 U.S.C. 1116 note](/us/usc/t38/s1116)**]** ####
(1)Monoclonal gammopathy of undetermined significance #####
(A)In general The amendment made by subsection
(b)shall take effect on the date of the enactment of this Act and shall apply as follows: ######
(i)On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and for veterans whom the Secretary of Veterans Affairs determines are— ######
(I)terminally ill; ######
(II)homeless; ######
(III)under extreme financial hardship; ######
(IV)more than 85 years old; or ######
(V)capable of demonstrating other sufficient cause. ######
(ii)On October 1, 2022, for everyone not described in clause (i). #####
(B)Retroactive application Notwithstanding any Federal court decisions or settlements in effect on the day before the date of the enactment of this Act, the Secretary of Veterans Affairs shall award retroactive claims for a condition under section 1116(a)(2)(L) of title 38, United States Code, as added by subsection
(b)of this section, only to claimants for dependency and indemnity compensation under chapter 13 of such title described in subparagraph (A)(i) of this paragraph. ####
(2)Hypertension #####
(A)In general The amendment made by subsection
(c)shall take effect on the date of the enactment of this Act and shall apply as follows: ######
(i)On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and for veterans whom the Secretary of Veterans Affairs determines are— ######
(I)terminally ill; ######
(II)homeless; ######
(III)under extreme financial hardship; ######
(IV)more than 85 years old; or ######
(V)capable of demonstrating other sufficient cause. ######
(ii)On October 1, 2026, for everyone not described in subparagraph (A). #####
(B)Retroactive application Notwithstanding any Federal court decisions or settlements in effect on the day before the date of the enactment of this Act, the Secretary of Veterans Affairs shall award retroactive claims for a condition under section 1116(a)(2)(M) of title 38, United States Code, as added by subsection
(c)of this section, only to claimants for dependency and indemnity compensation under chapter 13 of such title described in subparagraph (A)(i) of this paragraph.
Connectionstraces to 2
Citation graph
cites case law
Sec. 404
ADDITION OF ADDITIONAL DISEASES ASSOCIATED WITH EXPOSURE TO CERTAIN HERBICIDE AGENTS FOR WHICH THERE IS A PRESUMPTION OF SERVICE CONNECTION FOR VETERANS WHO SERVED IN CERTAIN LOCATIONS
Cites 2Cited by 0 across 0 sources