Page:United States Statutes at Large Volume 95.djvu/1074

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PUBLIC LAW 97-000—MMMM. DD, 1981

95 STAT. 1048

PUBLIC LAW 97-72—NOV. 3, 1981

"(ii) who the Administrator finds may have been exposed during such service to dioxin or was exposed during such service to a toxic substance found in a herbicide or defoliant used in connection with military purposes during such era, may be furnished hospital care or nursing home care under subsection (a)(5) of this section for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with such exposure. "(B) Subject to paragraphs (2) and (3) of this subsection, a veteran who the Administrator finds was exposed while serving on active duty to ionizing radiation from the detonation of a nuclear device in connection with such veteran's participation in the test of such a device or with the American occupation of Hiroshima and Nagasaki, Japan, during the period beginning on September 11, 1945, and ending on July 1, 1946, may be furnished hospital care or nursing home care under subsection (a)(5) of this section for any disability, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with such exposure. "(2) Hospital and nursing home care may not be provided under subsection (a)(5) of this section with respect to a disability that is found, in accordance with guidelines issued by the Chief Medical Director, to have resulted from a cause other than an exposure described in subparagraph (A) or (B) of paragraph (1) of this subsection. "(3) Hospital and nursing home care and medical services may not be provided under or by virtue of subsection (a)(5) of this section after the end of the one-year period beginning on the date the Administrator submits to the appropriate committees of Congress the first report required by section 307(b)(2) of the Veterans Health Programs Extension and Improvement Act of 1979 (Public Law 96-151; 93 Stat. 38 USC 219 note.

38 USC 612. Ante, p. 1047.

1098).".

(b) Clause (4) of section 612(i) is amended to read as follows: "(4) To any veteran (A) who is a former prisoner of war, or (B) who is eligible for care under section 610(a)(5) of this title.". OUTPATIENT DENTAL CARE

SEC. 103. (a) Subsection (b) of section 612 is amended— (1) by inserting "(1)" after "(b)"; (2) by redesignating clause (1) as clause (A); (3) by striking out clause (2) and inserting in lieu thereof the following: "(B) which is service-connected, but not compensable in degree, but only if— "(i) the dental condition or disability is shown to have been in existence at time of discharge or release from active military, naval, or air service; "(ii) the veteran had served on active duty for a period of not less than one hundred and eighty days immediately before such discharge or release; "(iii) application for treatment is made within ninety days after such discharge or release, except that (I) in the case of a veteran who reentered active military, naval, or air service within ninety days after the date of such veteran's prior discharge or release from such service, application may be made within ninety days from the date of such veteran's subsequent discharge or release from such service, and (II) if a disqualifying discharge or release has been corrected by