Presumes to be service-connected, and therefore compensable through veterans' disability compensation, hepatitis C becoming manifest to a degree of ten percent or more after active-duty military service with respect to veterans who, during a period of such service: (1) received a transfusion of blood or blood products before December 31, 1992; (2) were exposed to blood on or through the skin or a mucous membrane; (3) underwent hemodyalisis; (4) experienced a needle-stick accident or medical event involving a needle, not due to the veteran's willful misconduct; (5) were diagnosed with or experienced unexplained liver disease or dysfunction; or (6) served in a health-care position or specialty under circumstances to be prescribed by the Secretary of Veterans Affairs.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3434 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3434
To amend title 38, United States Code, to establish a presumption of
service-connection for certain veterans with Hepatitis C, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2005
Mr. Andrews introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to establish a presumption of
service-connection for certain veterans with Hepatitis C, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PRESUMPTION OF SERVICE-CONNECTION FOR CERTAIN VETERANS WITH
HEPATITIS C.
(a) Presumption.--Section 1112 of title 38, United States Code, is
amended by adding at the end the following:
``(d)(1) For the purposes of section 1110 of this title, and
subject to the provisions of section 1113 of this title, the disease
Hepatitis C becoming manifest to a degree of 10 percent or more in any
veteran described in paragraph (2) after active military, naval, or air
service covered by that paragraph shall be considered to have been
incurred in or aggravated by such service, notwithstanding that there
is no record of evidence of that disease during such service.
``(2) Paragraph (1) applies in the case of the following:
``(A) Veterans who received during a period of service
before December 31, 1992, a transfusion of blood or blood
products.
``(B) Veterans who were exposed to blood on or through the
skin or a mucous membrane during a period of service.
``(C) Veterans who underwent hemodyalisis during a period
of service.
``(D) Veterans who experienced a needle-stick accident or
medical event involving a needle, not due to the veteran's own
willful misconduct, during a period of service.
``(E) Veterans diagnosed with unexplained liver disease
during a period of service.
``(F) Veterans who experienced an unexplained liver
dysfunction value or test during a period of service.
``(G) Veterans who served in a health-care position or
specialty during a period of service under such circumstances
as the Secretary shall prescribe for purposes of this
subsection.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act. No benefit may be
paid or provided by reason of that amendment for any period before such
date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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