Fighting for the Overlooked Recognition of Groups Operating in Toxic Test Environments in Nevada (FORGOTTEN) Veterans Act of 2025
- Sponsor
- Sen. Rosen, Jacky [D-NV]
- Committees
- Veterans' Affairs Committee (primary)
- Last action
- Mar 18, 2026
Bottom line
The bill aims to improve the documentation of toxic exposures for service members and streamline access to VA benefits for veterans, particularly those who served at DOE facilities or the Nevada Test and Training Range, by establishing new presumptions of exposure and service connection.
What it actually does
This bill mandates the Department of Defense (DoD) to expand the Individual Longitudinal Exposure Record (ILER) to comprehensively document all toxic exposures and related medical information for service members. It establishes a presumption of toxic exposure for service members and DoD civilian employees at certain Department of Energy (DOE) facilities and classifies the Nevada Test and Training Range (NTTR) as a contaminated location. Furthermore, it expands Department of Veterans Affairs (VA) presumptions of toxic exposure and service connection for specific conditions, including lipomas and tumor-related conditions, for veterans who served at the NTTR.
Proponents argue
Proponents argue that this bill is a crucial step to ensure that veterans and DoD civilian employees who were exposed to toxic substances during their service receive the recognition and care they deserve. They contend that expanding the ILER will create a comprehensive record, preventing future generations from facing similar challenges in proving exposure. Furthermore, establishing presumptions for those who served at known hazardous sites like DOE facilities and the NTTR will reduce the burden of proof on veterans, expediting their access to vital VA healthcare and disability benefits.
Opponents contend
Opponents, if any, might raise concerns about the potential fiscal impact of expanding presumptions of exposure and service connection without specific individual evidence, leading to increased costs for the VA system. They might also question the administrative burden on the DoD and VA to retroactively identify all affected individuals and comprehensively expand the ILER, potentially diverting resources from other critical veteran services. However, direct opposition to veteran benefits legislation is rare.
The bill is relatively short and its core provisions are accessible, allowing a reader to understand its main impacts within a reasonable timeframe.
Section 2
Expansion of Individual Longitudinal Exposure Record (ILER) for Toxic Exposures and Medical Information
This section requires the Department of Defense (DoD) to expand the Individual Longitudinal Exposure Record (ILER) to document all toxic exposures of service members, including domestic, occupational, and environmental hazards, along with related medical information. It mandates that this expanded ILER be available to the Department of Veterans Affairs (VA) and to DoD/VA healthcare providers, epidemiologists, researchers, and disability specialists. Additionally, service records must indicate potential toxic exposure locations, with safeguards for classified information.
Supporters argue
Supporters argue that this expansion is critical to address historical gaps in exposure documentation, ensuring that service members' health risks are fully tracked from enlistment through civilian life. This proactive approach will streamline future benefits claims and improve healthcare outcomes for veterans.
Critics contend
While no explicit opposition is stated, potential concerns could include the significant administrative burden and cost associated with retroactively collecting and maintaining such detailed records, as well as challenges related to data privacy and security for sensitive medical and exposure information.
Tradeoffs
The provision balances the imperative for comprehensive exposure tracking for veteran health with the substantial logistical and financial challenges of implementing and maintaining such a detailed, inter-agency record system.
Section 3
Presumption of Toxic Exposure for Service Members and DoD Civilians at DOE Facilities
This section establishes a legal presumption that members of the Armed Forces and civilian employees of the Department of Defense (DoD) who were stationed or employed at facilities listed under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) were exposed to toxic substances. This means these individuals would no longer need to individually prove exposure to toxic substances when seeking related benefits.
Section 4
Classification of Nevada Test and Training Range (NTTR) as Contaminated and Identification of Exposed Personnel
This section directs the Secretary of Defense to officially classify the Nevada Test and Training Range (NTTR) as a location where contamination occurred. It also requires the Secretary of the Air Force to establish a process to identify all members and former members of the Armed Forces who were stationed at the NTTR since January 27, 1951. While individuals can provide documentation of their service, the Secretary must make all efforts to identify them without requiring such submissions.
Section 5, amending 38 U.S.C. 1112(c)(3)
Inclusion of NTTR Service as a Radiation-Risk Activity for VA Benefits
This section amends existing law (Title 38, U.S. Code) to include onsite participation in the development, construction, operation, or maintenance of a military installation at a 'covered location' within the Nevada Test and Training Range (NTTR) on or after January 27, 1951, as a 'radiation-risk activity' for VA benefits purposes. A 'covered location' is defined as any area at the NTTR where there was a potential of toxic exposure. This change enables veterans with such service to qualify for presumptive service connection for certain radiation-related illnesses.
Section 6, amending 38 U.S.C. 1119(c)
Establish Presumption of Toxic Exposure for NTTR Service for VA Benefits
This section amends Title 38, U.S. Code, to establish a presumption of toxic exposure for veterans who performed active military service while assigned to a duty station in (including airspace above) a 'covered location' at the Nevada Test and Training Range (NTTR) on or after January 27, 1951. A 'covered location' is defined as an area at the NTTR where there was a potential of toxic exposure. This presumption simplifies the process for these veterans to claim service connection for illnesses related to toxic exposure.
Section 7, amending 38 U.S.C. 1120(b)
Presumptive Service Connection for Lipomas and Tumor-Related Conditions for NTTR Veterans
This section amends Title 38, U.S. Code, to add lipomas and tumor-related conditions to the list of conditions for which there is a presumption of service connection. This presumption specifically applies to veterans described in the new Section 1119(c)(1)(A), which refers to those presumed exposed at the Nevada Test and Training Range (NTTR). This means veterans who served at NTTR and develop these conditions would automatically be presumed to have a service-connected disability.
Expands the definition of 'radiation-risk activity' to include service at a 'covered location' at the Nevada Test and Training Range (NTTR) on or after January 27, 1951. It then defines 'covered location at the Nevada Test and Training Range' as a location where there was a potential of toxic exposure.
Section 5(1) and (2), amending 38 U.S.C. 1112(c)(3)
Why it matters:This is standard legislative practice for amending existing federal law. The use of cross-references and definitions is common for precision but can make the full scope of the change less immediately apparent.
Case for: Supporters argue that this precise statutory amendment is necessary to legally establish the link between NTTR service and radiation risk, ensuring that veterans receive the benefits they are entitled to under existing frameworks.
Case against: No specific case against this technical amendment is typically made, as it clarifies eligibility for a specific group of veterans.
Estimated impact: Significantly expands the number of veterans potentially eligible for presumptive service connection for radiation-related illnesses, specifically those who served at NTTR.
Establishes a new category for presumptive toxic exposure for veterans who served at a 'covered location' at the Nevada Test and Training Range (NTTR) on or after January 27, 1951. It then defines 'covered location at the Nevada Test and Training Range' as a location where there was a potential of toxic exposure.
Section 6(1) and (2), amending 38 U.S.C. 1119(c)
Why it matters:This is standard legislative practice for amending existing federal law. The use of cross-references and definitions is common for precision but can make the full scope of the change less immediately apparent.
Case for: Supporters argue this is a direct and necessary legal mechanism to establish presumptive toxic exposure for NTTR veterans, simplifying their access to VA benefits for a range of related illnesses.
Case against: No specific case against this technical amendment is typically made, as it clarifies eligibility for a specific group of veterans.
Estimated impact: Significantly expands the number of veterans potentially eligible for presumptive service connection for toxic exposure-related illnesses, specifically those who served at NTTR.
Adds 'lipomas and tumor related conditions' to the list of conditions for which there is a presumption of service connection, specifically for veterans described in the newly created Section 1119(c)(1)(A) (i.e., those presumed exposed at the NTTR).
Section 7(1) and (2), amending 38 U.S.C. 1120(b)
Why it matters:This is standard legislative practice for modifying lists within federal statutes. The reliance on cross-referencing is typical for maintaining consistency across different sections of law.
Case for: Supporters argue that this directly addresses specific health conditions prevalent among NTTR veterans, ensuring they receive presumptive service connection without the arduous process of proving individual causation.
Case against: No specific case against this technical amendment is typically made. However, some might question the scientific basis for a blanket presumption for these specific conditions without further research.
Estimated impact: Provides presumptive service connection for specific conditions (lipomas and tumor-related conditions) for a subset of NTTR veterans, easing their access to VA benefits.