38 USC 1164 – Presumptions of service-connection for Coronavirus Disease 2019
(a)
(A) infection with severe acute respiratory syndrome coronavirus 2 (in this section referred to as “SARS-CoV-2”) shall be presumed to have occurred during the qualifying period of duty;
(B) COVID-19 shall be presumed to have been incurred during the qualifying period of duty; and
(C) if the individual becomes disabled or dies as a result of COVID-19, it shall be presumed that the individual became disabled or died during the qualifying period of duty for purposes of establishing that the individual served in the active military, naval, or air service.
Terms Used In 38 USC 1164
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
(2)(A) The manifestation periods described in this paragraph are the following:
(i) During a qualifying period of duty described in subsection (b), if that period of duty was more than 48 continuous hours in duration.
(ii) Within 14 days after the individual’s completion of a qualifying period of duty described in subsection (b).
(iii) An additional period prescribed under subparagraph (B).
(B)(i) If the Secretary determines that a manifestation period of more than 14 days after completion of a qualifying period of service is appropriate for the presumptions under paragraph (1), the Secretary may prescribe that additional period by regulation.
(ii) A determination under clause (i) shall be made in consultation with the Director of the Centers for Disease Control and Prevention.
(b)
(1) a period of active duty performed—
(A) during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); and
(B) before the date that is three years after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020; or
(2) training duty under title 10 or full-time National Guard duty (as defined in section 101 of title 10), performed under orders issued on or after March 13, 2020—
(A) during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); and
(B) before the date that is three years after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020.
(c)
(1) COVID-19 shall be deemed to have been incurred in the line of duty during a period of active military, naval, or air service; and
(2) where entitlement to benefits under this title is predicated on the individual who was disabled or died being a veteran, benefits for disability or death resulting from COVID-19 as described in subsection (a) shall be paid or furnished as if the individual was a veteran, without regard to whether the period of duty would constitute active military, naval, or air service under section 101 of this title.
(d)
(e)