I 

118TH CONGRESS 

2D SESSION H. R. 8048 

To authorize the Secretary of Veterans Affairs to determine the eligibility 

or entitlement of a member or former member of the Armed Forces 

described in subsection (a) to a benefit under a law administered by 

the Secretary solely based on alternative sources of evidence when the 

military service records or medical treatment records of the member 

or former member are incomplete because of damage or loss of records 

after being in the possession of the Federal Government, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 17, 2024 

Mr. MCGARVEY (for himself, Mr. EDWARDS, Mr. MORELLE, and Ms. 

TENNEY) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To authorize the Secretary of Veterans Affairs to determine 

the eligibility or entitlement of a member or former member of the Armed Forces described in subsection (a) 

to a benefit under a law administered by the Secretary 

solely based on alternative sources of evidence when the 

military service records or medical treatment records of 

the member or former member are incomplete because 

of damage or loss of records after being in the possession 

of the Federal Government, and for other purposes. 


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•HR 8048 IH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fred Hamilton Vet5 erans’ Lost Records Act’’. 

6 SEC. 2. AUTHORITY TO DETERMINE ELIGIBILITY AND ENTI7 TLEMENT TO VETERANS BENEFITS USING AL8 TERNATIVE SOURCES OF EVIDENCE WHEN 

9 SERVICE RECORDS ARE INCOMPLETE BE10 CAUSE OF DAMAGE OR LOSS AFTER BEING IN 

11 POSSESSION OF FEDERAL GOVERNMENT. 

12 (a) AUTHORITY TO DETERMINE ELIGIBILITY AND

13 ENTITLEMENT TO BENEFITS USING ALTERNATIVE

14 SOURCES OF EVIDENCE.—The Secretary of Veterans Af15 fairs may determine the eligibility or entitlement of a 

16 member or former member of the Armed Forces to a ben17 efit under a law administered by the Secretary solely based 

18 on alternative sources of evidence in a case in which the 

19 military service records or medical treatment records of 

20 the member or former member are incomplete because of 

21 damage or loss of records after being in the possession 

22 of the Federal Government. 

23 (b) REGULATIONS.—Not later than one year after the 

24 date of the enactment of this Act, the Secretary of Vet25 erans Affairs, in consultation with the Secretary of DeVerDate Sep 11 2014 04:45 Apr 30, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8048.IH H8048

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•HR 8048 IH

1 fense and the Archivist of the United States, shall promul2 gate regulations regarding the use by the Secretary of Vet3 erans Affairs of alternative sources of evidence under sub4 section (a). 

5 (c) EFFECTIVE DATES OF AWARDS.—In the case of 

6 a claim of a member or former member of the Armed 

7 Forces with military service records or medical treatment 

8 records described in subsection (a), paragraph (2) of sec9 tion 5110(a) of title 38, United States Code, shall apply 

10 except for any limitation based on the date of a request, 

11 supplemental claim, or notice described in such paragraph. 

12 (d) ALTERNATIVE SOURCE OF EVIDENCE DE13 FINED.—In this section, the term ‘‘alternative sources of 

14 evidence’’ means— 

15 (1) in the case of a former member of the 

16 Armed Forces, a medical disability examination oc17 curring soonest after the former member’s date of 

18 discharge or release from service in the active mili19 tary, naval, air, or space service; 

20 (2) in the case of a claim regarding a disability 

21 incurred or aggravated during service in the active 

22 military, naval, air, or space service, the assertion of 

23 former member of the Armed Forces regarding the 

24 circumstances surrounding its incurrence or aggra25 vation; 


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•HR 8048 IH

1 (3) a credible buddy statement; or 

2 (4) such other sources of evidence or processes 

3 as the Secretary of Veterans Affairs deems appro4 priate for purposes of determining eligibility or enti5 tlement under subsection (a). 

Æ 


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