PolicyBrief
H.R. 1400
119th CongressFeb 18th 2025
To amend title 38, United States Code, to establish a presumption that certain veterans were exposed to radiation and other toxins at the Nevada Test and Training Range for purposes of the treatment of certain disabilities under the laws administered by the Secretary of Veterans Affairs, and for other purposes.
IN COMMITTEE

This bill provides veterans who served at the Nevada Test and Training Range between 1972 and 2005 with presumptive service connection for certain conditions related to radiation and toxic exposure.

Mark Amodei
R

Mark Amodei

Representative

NV-2

LEGISLATION

Nevada Test Site Vets Get Easier Path to Benefits: New Bill Presumes Toxic Exposure

This bill cuts through red tape for veterans who served at the Nevada Test and Training Range (NTTR) between 1972 and 2005. It basically says, "If you were there and now have certain health issues, we'll assume it's because of your service." This makes it easier to get VA benefits.

Fast-Track to Benefits

The core of this legislation is about acknowledging that vets stationed at the NTTR during that timeframe were likely exposed to some nasty stuff. Section 2 of the bill adds a presumption of toxic exposure. This means veterans who served at a "covered location" within the NTTR, excluding Nellis and Creech Air Force Bases, won't have to jump through hoops to prove their illnesses are service-related. Think of it like this: if you worked construction at the NTTR between '72 and '05, and now you're dealing with specific health problems, the VA will automatically connect the dots back to your service.

What's a "Covered Location?"

Crucially, the bill defines "covered location" as anywhere on the NTTR, including Indian Springs Auxiliary Airfield, but not Nellis or Creech (Section 2). So, if you were stationed at one of the main bases, this bill doesn't directly apply to you. But, if you were working at a more remote site within the NTTR, this could be a game-changer. For example, a mechanic who frequently repaired equipment at a remote testing area within the NTTR during the specified period would now have a much easier time claiming benefits for related health conditions.

Specifics Matter

Section 1 amends existing law (38 U.S. Code § 1112(c)(3)) to include "radiation-risk activities" at these NTTR locations. This isn't just about radiation, though. Section 3 goes further, adding lipomas and tumor-related conditions to the list of presumed service-connected issues for these veterans (38 U.S. Code § 1120(b)). This means that if you've developed these kinds of conditions, and you fit the service criteria, the VA will presume a connection, streamlining your access to healthcare and disability compensation.

Real World Example

Imagine a veteran who worked as a groundskeeper at a covered NTTR location in the 1980s, responsible for maintaining areas potentially exposed to radiation or other toxins. If this veteran later develops a lipoma, under this new law, the condition would likely be presumed service-connected, simplifying their access to VA healthcare and benefits.

Potential Challenges

While the bill aims to simplify things, there could be debates about what exactly constitutes a "covered location." The language is fairly specific, excluding Nellis and Creech, but there might still be edge cases that require further clarification. The bill does not specify the exact toxins or radiation that veterans may have been exposed to.