H.R.1400 - To amend title 38, United States Code, to establish a presumption that certain veterans were exposed to radiation and other toxins at the Nevada Test and Training Range for purposes of the treatment of certain disabilities under the laws administered by the Secretary of Veterans Affairs, and for other purposes. (119th Congress)
Summary
H.R. 1400 aims to amend Title 38 of the United States Code to establish a presumption that certain veterans were exposed to radiation and other toxins at the Nevada Test and Training Range (NTTR) between January 1, 1972, and January 1, 2005. This presumption would apply to veterans who participated in the development, construction, operation, or maintenance of military installations at specified locations within the NTTR, excluding Nellis Air Force Base and Creech Air Force Base. The bill also addresses service connection presumptions for lipomas and tumor-related conditions in covered veterans.
Expected Effects
If enacted, H.R. 1400 would ease the process for veterans who served at the NTTR to receive disability benefits from the Department of Veterans Affairs (VA) for conditions potentially linked to radiation or toxin exposure. It would shift the burden of proof from the veteran to the VA, presuming exposure and service connection for specific conditions. This could lead to increased claims and benefits paid to veterans who served at the NTTR.
Potential Benefits
- Easier Access to Benefits: Veterans who served at the Nevada Test and Training Range will have an easier time accessing disability benefits related to radiation and toxin exposure.
- Presumption of Exposure: The bill establishes a presumption of exposure, reducing the burden on veterans to prove they were exposed to harmful substances.
- Recognition of Service: Acknowledges the potential health risks faced by veterans serving at the NTTR.
- Specific Conditions Covered: Includes lipomas and tumor-related conditions under the presumption of service connection.
- Improved Healthcare Access: May lead to better healthcare access and treatment for veterans with related health issues.
Potential Disadvantages
- Potential for Increased Costs: The presumption of exposure could lead to a rise in disability claims and associated costs for the VA.
- Administrative Burden: The VA may face an increased administrative burden in processing and adjudicating claims.
- Potential for Fraudulent Claims: The eased burden of proof could create opportunities for fraudulent claims.
- Limited Scope: The bill only covers specific locations and timeframes within the NTTR, potentially excluding other deserving veterans.
- Uncertainty about Long-Term Health Effects: The long-term health effects of exposure to radiation and toxins at the NTTR may not be fully understood.
Most Disadvantaged Areas:
Constitutional Alignment
The bill appears to align with the Constitution's provision for providing for the common defense and general welfare (Preamble). Specifically, it relates to supporting veterans who served the nation, which falls under Congress's power to raise and support armies (Article I, Section 8). The bill does not appear to infringe upon any specific constitutional rights or limitations.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).