[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.
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