Department of Veterans Affairs presumption of service-connection for certain diseases associated with COVID–19 vaccine

(a) In general Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 1120A. Presumption of service-connection for certain diseases associated with COVID–19 vaccine (a) In general For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a member of the Armed Forces who, during the period beginning on August 24, 2021, and ending on January 10, 2023, received a COVID–19 vaccine under orders shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease during the period of such service. (b) Covered diseases The diseases specified in this subsection are the following: (1) Myocarditis. (2) Pericarditis. (3) Thrombosis with thrombocytopenia syndrome. (4) Guillian-Barre Syndrome. (5) Any other disease for which the Secretary determines that a presumption of service connection is warranted based on a positive association with the COVID–19 vaccine. (c) Congressional notice requirement If the Secretary determines that an additional disease should be specified pursuant to subsection (b)(4), the Secretary shall submit to the Committees on Veterans Affairs’ of the Senate and the House of Representatives notice of such determination. (d) Report Not later than 60 days after the date of enactment of the Justice for Vaccine Injured Veterans Act of 2025, and every 60 days thereafter for the subsequent four year-period, the Secretary shall submit to the Committees of Veterans’ Affairs of the Senate and the House of Representatives a report that contains each of the following: (1) The total number of claims for compensation under this chapter related to a disease associated with the COVID–19 vaccine. (2) The status of each such claim, disaggregated by— (A) the number of claims that were approved; (B) the number of claims that were denied and for which the claimant took no further action; (C) the number of claims that were denied and for which the claimant filed a supplemental claim; (D) the number of claims that were denied and for which the claimant requested a higher level review; and (E) the number of claims that were denied and for which the claimant filed an appeal to the Board of Veterans’ Appeals. (3) The total number of such claims that, as of the date of the submission of the report, had been submitted but were pending a decision. (e) Public access to reports The Secretary shall make each report required by subsection (d) publicly available, including by making publicly available on an appropriate website of the Department each such report together with such additional information or comments as the Secretary considers appropriate to provide context for the report. (f) COVID–19 vaccine defined In this section, the term COVID–19 vaccine means vaccine licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) for immunization against the virus responsible for COVID–19.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1120 the following new item: 1120A. Presumption of service-connection for certain diseases associated with COVID–19 vaccine..