This Act establishes a presumption of service connection for specific diseases developed by veterans exposed to toxins at the Pentagon Reservation following the September 11, 2001 attacks.
Suhas Subramanyam
Representative
VA-10
The Susan E. Lukas 9/11 Servicemember Fairness Act establishes a presumption of service connection for specific diseases developed by veterans who served at the Pentagon Reservation between September 11 and November 19, 2001. This provision simplifies the process for these veterans to receive VA disability benefits for listed conditions like asthma, cancer, and cardiovascular disease, linking them automatically to their toxic exposure following the 9/11 attacks. The Secretary is also empowered to add other related illnesses to this covered list.
The Susan E. Lukas 9/11 Servicemember Fairness Act is a big deal for a very specific group of veterans. Essentially, this legislation creates a fast track for disability benefits for service members who were at the Pentagon Reservation during the chaotic period immediately following the September 11, 2001, attacks—specifically, between September 11 and November 19, 2001. If these veterans later develop certain serious illnesses, the bill establishes a "presumption of service connection," meaning the VA automatically assumes the illness is linked to their military service, skipping the usual, often difficult, process of proving that connection.
For most veterans seeking disability benefits, proving that a current illness is directly connected to their time in service is the hardest part. This bill wipes that hurdle away for those who served at the Pentagon during the toxic cleanup and recovery phase. If a covered veteran is diagnosed with any of the listed conditions, the VA must treat it as service-related under section 1110 of title 38. This means less time spent fighting bureaucracy and more time focusing on treatment.
The list of qualifying diseases is broad and covers conditions commonly associated with toxic exposure. It includes asthma, chronic obstructive pulmonary disease (COPD), emphysema, and tracheomalacia, which all relate to respiratory damage. Crucially, the bill also covers any type of cancer, any type of cardiovascular disease (heart issues), and any type of skin disease. For a veteran struggling with a cancer diagnosis 20 years after service, this presumption is massive. Instead of needing to hire experts and gather mountains of evidence to link their specific cancer to the Pentagon air quality, the law does the heavy lifting for them.
This bill targets a very narrow window and location. To qualify as a "covered veteran," you must have performed active service at the Pentagon Reservation between September 11, 2001, and November 19, 2001. If you served there on November 20, 2001, or if you were stationed just across the river in D.C. during that time, you don’t qualify under this specific legislation. The bill is extremely precise about who gets this benefit, focusing the relief squarely on those who were in the immediate aftermath of the attack.
Beyond the initial list, the bill gives the Secretary of Veterans Affairs the power to add other illnesses or conditions later on. This is a smart move because medical science often takes time to fully understand the long-term effects of toxin exposure. If new research establishes a clear link between a substance at the Pentagon and another disease, the Secretary can update the list, ensuring the coverage remains relevant without needing new legislation. This flexibility, based on the hazard list in section 1119(b)(2), ensures the bill can adapt as we learn more about the health consequences of that exposure.