S 919

S 919 IS

To amend section 1154 of title 38, United States Code, to clarify the additional requirements for consideration to be afforded time, place, and circumstances of service in determinations regarding service-connected disabilities.

April 28, 2009

Mr. AKAKA introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs

To amend section 1154 of title 38, United States Code, to clarify the additional requirements for consideration to be afforded time, place, and circumstances of service in determinations regarding service-connected disabilities.

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 ‘Clarification of Characteristics of Combat Service Act of 2009’.

SEC. 2. CLARIFICATION OF ADDITIONAL REQUIREMENTS FOR CONSIDERATION TO BE AFFORDED TIME, PLACE, AND CIRCUMSTANCES OF SERVICE IN DETERMINATIONS REGARDING SERVICE-CONNECTED DISABILITIES.

Subsection (a) of section 1154 of title 38, United States Code, is amended to read as follows:

‘(a)(1) The Secretary shall include in the regulations pertaining to service-connection of disabilities the following:

‘(A) Additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran’s service as shown by such veteran’s service record, the official history of each organization in which such veteran served, such veteran’s medical records, and all pertinent medical and lay evidence.

‘(B) Additional provisions specifying that, in the case of a veteran who served in a particular combat zone, the Secretary shall accept credible lay or other evidence as sufficient proof that the veteran encountered an event that the Secretary specifies in such regulations as associated with service in particular locations where the veteran served or in particular circumstances under which the veteran served in such combat zone.

‘(C) The provisions required by section 5 of the Veterans’ Dioxin and Radiation Exposure Compensation Standards Act (Public Law 98-542; 98 Stat. 2727).

‘(2) In paragraph (1)(B), the term ‘combat zone’ means a combat zone for purposes of section 112 of the Internal Revenue Code of 1986 or a predecessor provision of law.’.