February 27, 2025
Mr. Davidson (for himself, Mr. Nehls, Mr. Massie, Mrs. Miller of Illinois, Mr. Gosar, Mr. Weber of Texas, and Mr. Fallon) introduced the following bill; which was referred to the Committee on Veterans' Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend title 38, United States Code, to provide for a presumption of service-connection under the laws administered by the Secretary of Veterans Affairs for certain diseases associated with the COVID–19 vaccine that become manifest during the one-year period following the receipt of the vaccine, and for other purposes.
Section 1. Short title
This Act may be cited as the Justice for Vaccine Injured Veterans Act of 2025
.
Sec. 2. Findings; sense of Congress
(a) Findings
Congress finds the following:
(1)
On August 24, 2021, Secretary of Defense Lloyd Austin issued a memorandum titled, Mandatory Coronavirus Disease 2019 Vaccination of Department of Defense Service Members
.
(2)
This memorandum stated, I therefore direct the Secretaries of the Military Departments to immediately begin full vaccination of all members of the Armed Forces under DoD authority on active duty or in the Ready Reserve, including the National Guard, who are not fully vaccinated against COVID–19
.
(3)
In December 2022, the Department of Defense reported that 98 percent of active duty service members and 96 percent of the total force have been vaccinated
from COVID–19.
(4)
As a result of this memorandum, more than 8,400 members of the Armed Forces were forced out of the military for refusing to get the COVID–19 vaccine.
(5)
On January 10, 2023, Secretary Austin was forced to rescind this memorandum as a requirement of section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263).
(b) Sense of Congress
It is the sense of Congress that the actions referred to in subsection (a) that were taken by the Department of Defense under the Biden administration caused irreparable harm to the health and readiness of the United States Armed Forces.
Sec. 3. 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: