Reducing Barriers to Veterans' Benefits Act - Presumes a service connection, for veterans' benefits purposes, for diagnosed hearing loss, tinnitus, or both, for veterans who, during active military service: (1) were assigned to a military occupational specialty in which the veterans were likely to be exposed to a level of acoustic trauma sufficient to result in permanent hearing loss, tinnitus, or both; or (2) served in combat against a hostile force during a period of hostilities.
Directs the Secretary of each military department to ensure that each member of the Armed Forces under their jurisdiction receives an audiometric test at the 8000 Hz frequency (or an equivalent test) to evaluate the hearing of such member during the 90-day period before the member is discharged, separated, or retired.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6297 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6297
To amend title 38, United States Code, to establish a presumption of
service connection for certain veterans with tinnitus or hearing loss,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 2, 2012
Mr. Benishek introduced the following bill; which was referred to the
Committee on Veterans' Affairs, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to establish a presumption of
service connection for certain veterans with tinnitus or hearing loss,
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. SHORT TITLE.
This Act may be cited as the ``Reducing Barriers to Veterans'
Benefits Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Tinnitus is the most common service-connected
disability for veterans from all periods of service, accounting
for almost 841,000 individuals.
(2) Hearing loss is the second leading service-connected
disability for veterans from all periods of service, accounting
for almost 702,000 individuals.
(3) Since fiscal year 1999, the number of veterans with
service-connected disability for tinnitus has increased by an
average rate of 17 percent each year.
(4) The number of tinnitus disabilities has grown from
128,600 in fiscal year 1999 to 840,900 in fiscal year 2011, an
increase of more than 500 percent.
SEC. 3. PRESUMPTION OF SERVICE-CONNECTION FOR HEARING LOSS AND
TINNITUS.
(a) Presumption.--
(1) In general.--Subchapter II of chapter 11 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1119. Presumption of service connection for hearing loss
associated with particular military occupational
specialties or combat service
``(a) In General.--(1) For purposes of section 1110 of this title,
and subject to section 1113 of this title, diagnosed hearing loss,
tinnitus, or both of a veteran described in paragraph (2) shall be
considered to have been incurred in or aggravated by the service of the
veteran, notwithstanding that there is no record of evidence of such
hearing loss or tinnitus, as the case may be, during the period of such
service.
``(2) A veteran described in this paragraph is a veteran who while
on active military, naval, or air service--
``(A) was assigned to a military occupational specialty or
equivalent described in subsection (b); or
``(B) served in combat against a hostile force during a
period of hostilities (as defined in section 1712A(a)(2)(B) of
this title).
``(b) Military Occupational Specialty.--A military occupational
specialty or equivalent referred to in subsection (a)(2)(A) is a
military occupational specialty or equivalent, if any, that the
Secretary determines in regulations prescribed under this section in
which individuals assigned to such military occupational specialty or
equivalent in the active military, naval, or air service are or were
likely to be exposed to a sufficiently high level of acoustic trauma as
to result in permanent hearing loss, tinnitus, or both.
``(c) Determination.--(1) If the Secretary determines under
subsection (b) that a presumption of service connection is warranted
for a military occupational specialty or equivalent, the Secretary
shall, not later than 60 days after the date of the determination,
issue proposed regulations setting forth the Secretary's determination.
``(2) If the Secretary determines under subsection (b) that a
presumption of service connection is not warranted for a military
occupational specialty or equivalent, the Secretary shall, not later
than 60 days after the date of the determination--
``(A) publish the determination in the Federal Register;
and
``(B) submit to the Committees on Veterans' Affairs of the
Senate and the House of Representatives a report on the
determination, including a justification for the
determination.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 11 of such title is amended by inserting
after the item relating to section 1118 the following new item:
``1119. Presumption of service connection for hearing loss associated
with particular military occupational
specialties or combat service.''.
(b) Presumption Rebuttable.--Section 1113 of title 38, United
States Code, is amended by striking ``or 1118'' each place it appears
and inserting ``1118, or 1119''.
(c) Presumption During Peacetime Service.--Section 1137 of title
38, United States Code, is amended by striking ``and 1113'' and
inserting ``1113, and 1119''.
(d) Effective Date.--Section 1119 of title 38, United States Code,
as added by subsection (a)(1), shall apply with respect to a claim for
compensation made on or after the date that is 60 days after the date
on which the Secretary prescribes regulations pursuant to subsection
(c)(1) of such section.
SEC. 4. AUDIOMETRIC TEST REQUIRED BEFORE SEPARATION OF MEMBERS OF THE
ARMED FORCES.
(a) In General.--Chapter 59 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1179. Audiometric test required
``Under regulations prescribed by the Secretary of Defense, the
Secretary of a military department shall ensure that a member of the
armed forces under the jurisdiction of the Secretary receives an
audiometric test at the 8000 Hz frequency (or other test that the
Secretary of Defense determines has the ability to discover potential
future hearing loss) to evaluate the hearing of the member during the
90-day period before the date on which the member is discharged,
separated, or retired.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
1178 the following new item:
``1179. Audiometric test required.''.
(c) Effective Date.--Section 1179 of title 10, United States Code,
as added by subsection (a), shall apply with respect to a member being
discharged, separated, or retired from the Armed Forces on or after the
date that is 60 days after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Military Personnel.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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