I 112th CONGRESS 2d Session H. R. 6297 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.

1.

Short title

This Act may be cited as the Reducing Barriers to Veterans’ Benefits Act.

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.

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:

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.

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:

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.