Brownley Introduces Legislation to Support Military Families Exposed to Toxic Substances

Washington, DC - Today, Congresswoman Julia Brownley (CA-26) announced the introduction of the Supporting Military Families Exposed to Toxic Substances Act (H.R. 10137), legislation that would extend U.S. Department of Veterans Affairs (VA) health care benefits to eligible military and veterans family members exposed to toxic substances. Specifically, this bill would provide VA health care benefits to military family members and other individuals who lived or worked at certain military facilities and sites and have been diagnosed with a presumptive service-connected disability as a result of exposure to harmful toxins.

"The impacts of the toxic exposure are far-reaching, and our nation's veterans have often faced the long-term effects associated with toxic substance exposure. While veterans are entitled to VA health care benefits, their family members - who have also been exposed to toxic substances while living on military sites - are not," said Congresswoman Julia Brownley.

"The families who live on military sites alongside their loved ones are exposed to similar risks, yet their health needs have been overlooked for far too long. My bill aims to rectify this gap in health care coverage and extend VA health care benefits to military family members who also were exposed to toxins while residing on military facilities. Providing health care to those who care for and support our service members is absolutely befitting of the VA's mission to 'care for those who have served in our nation's military, and for their families, caregivers, and survivors,' and it is past time that we ensure our military families receive the health care they have need."

Background

Currently, veterans are awarded health care benefits when they have a presumptive service-connected disability. Disabilities are deemed presumptively service-connected when a veteran has a specific enumerated disability and is presumed to have been exposed to a toxic condition due to the location where the veteran served. For example, Hodgkin's disease is presumptively service-connected if a veteran served in Vietnam between January 9, 1962 and May 7, 1975 because the veteran is presumed to have been exposed to Agent Orange.

There are over 20 presumptive service-connected disabilities for veterans. However, benefits are not presently available to individuals, such as family members, who supported and lived with veterans at these locations. The Supporting Military Families Exposed to Toxic Substances Act seeks to rectify this gap in care by extending VA health care benefits to family members and other individuals diagnosed with a presumptive service-connected disability resulting from exposure to toxins at a military facility - provided they meet certain qualifications. First, the individual must be diagnosed with an already enumerated presumptive service-connected disability. Second, the individual must have been based in a location where and when the VA determined a veteran would qualify for a presumptive service-connected disability. Third, the VA must determine that the disability did not result from a cause other than time spent at a military facility. Lastly, the individual must first exhaust all claims and remedies against a third party before qualifying for VA health care. This approach is similar to that taken by the Camp Lejeune Families Act of 2012 (Public Law No: 112-154).

The full text of the bill can be found here.

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Issues: 118th Congress, Healthcare, Veterans' Affairs