Agent Orange Exposure Fairness Act of 2019

To amend title 38, United States Code, to remove the manifestation period required for the presumptions of service connection for chloracne, porphyria cutanea tarda, and acute and subacute peripheral neuropathy associated with exposure to certain herbicide agents, and for other purposes. 1. Short title This Act may be cited as the Agent Orange Exposure Fairness Act of 2019 2. Removal of manifestation period required for presumptions of service connection for certain diseases associated with exposure to certain herbicide agents Section 1116(a)(2) of title 38, United States Code, is amended— (1) in subparagraph (C), by striking within one 1975 (2) in subparagraph (E), by striking within a 1975 (3) by adding at the end the following new subparagraph: (I) Acute and subacute peripheral neuropathy becoming manifest to a degree of disability of 10 percent or more. . 1. Comptroller General briefing and report on repealing manifestation period for presumptions of service connection for certain diseases associated with exposure to certain herbicide agents (a) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall provide to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a briefing on preliminary observations of the Comptroller General, and not later than 240 days after the date of such briefing, submit to such committees a final report, on the efforts of the Secretary of Veterans Affairs to provide benefits, including compensation and health care, to veterans— (1) who during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975; and (2) in whom chloracne, porphyria cutanea tarda, or acute or subacute peripheral neuropathy have manifested. (b) Elements The report required by subsection (a) shall include the following: (1) A description of how the Secretary establishes a service connection for a diseases described in paragraph (2) of subsection (a) manifesting in veterans, including the number of veterans described in paragraph (1) of such subsection who have filed a claim for a benefit associated with a disease described in paragraph (2) of such subsection. (2) A description of how claims adjudicators of the Department of Veterans Affairs determine service connection for a disease described in subparagraph (C) or (E) of section 1116(a)(2) of title 38, United States Code, when documentation proving the presence of the disease during the manifestation period set forth in such subparagraphs for the disease is not available. (3) A description of the expected effect of repealing the manifestation period from such subparagraphs, including the expected effect on the number of claims for benefits the Department will receive. (4) A review of all claims submitted to the Secretary for compensation under chapter 11 of such title that are associated with a disease described in subsection (a)(2), including the type of proof presented to establish a service connection for the manifestation of the disease based on exposure to a herbicide agent. (5) Recommendations on how the Department can better adjudicate claims for benefits, including compensation, submitted to the Department that are associated with a disease described in paragraph (2) of subsection (a) for veterans described in paragraph (1) of such subsection. (6) An assessment of such other areas as the Comptroller General considers appropriate to study. (c) Administrative action Not later than 60 days after the date on which the Comptroller General of the United States submits the report required under subsection (a), the Secretary shall commence carrying out the recommendations submitted under subsection (b)(5). (d) Herbicide agent defined In this section, the term herbicide agent Amend the title so as to read: A bill to require the Comptroller General of the United States to submit to Congress a report on repealing the manifestation periods for presumptions of service connection for chloracne and porphyria cutanea tarda associated with exposure to certain herbicide agents, and for other purposes. September 15, 2020 Reported with an amendment and an amendment to the title

Summary: This bill requires the Government Accountability Office (GAO) to brief Congress and report on the efforts of the Department of Veterans Affairs (VA) to provide benefits to veterans who served in the Republic of Vietnam between January 9, 1962, and May 7, 1975, and have specified diseases associated with exposure to certain herbicide agents (i.e., chloracne, porphyria cutanea tarda, or acute or subacute peripheral neuropathy). The VA must implement recommendations from the GAO report related to the adjudication of claims for benefits for veterans with the specified diseases.