IIB

106TH CONGRESS

2D SESSION H. R. 4864

IN THE SENATE OF THE UNITED STATES

JULY 25, 2000

Received; read twice and referred to the Committee on Veterans’ Affairs

AN ACT

To amend title 38, United States Code, to reaffirm and

clarify the duty of the Secretary of Veterans Affairs

to assist claimants for benefits under laws administered

by the Secretary, and for other purposes.

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

2 This Act may be cited as the ‘‘Veterans Claims As3 sistance Act of 2000’’.

4 SEC. 2. CLARIFICATION OF DEFINITION OF ‘‘CLAIMANT’’

5 FOR PURPOSES OF VETERANS LAWS.

6 (a) IN GENERAL.—Chapter 51 of title 38, United

7 States Code, is amended by inserting before section 5101

8 the following new section:

9 ‘‘§ 5100. Definition of ‘claimant’

10 ‘‘For purposes of this chapter, the term ‘claimant’

11 means any individual applying for, or submitting a claim

12 for, any benefit under the laws administered by the Sec13 retary.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of such chapter is amended by inserting

16 before the item relating to section 5101 the following new

17 item:

‘‘5100. Definition of ‘claimant’.’’.

18 SEC. 3. ASSISTANCE TO CLAIMANTS.

19 (a) REAFFIRMATION AND CLARIFICATION OF DUTY

20 TO ASSIST.—Chapter 51 of title 38, United States Code,

21 is amended by striking sections 5102 and 5103 and insert22 ing the following:
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1 ‘‘§ 5102. Applications: forms furnished upon request;

2 notice to claimants of incomplete applica3 tions

4 ‘‘(a) FURNISHING FORMS.—Upon request made in

5 person or in writing by any person claiming or applying

6 for a benefit under the laws administered by the Secretary,

7 the Secretary shall furnish such person, free of all ex8 pense, all such printed instructions and forms as may be

9 necessary in establishing such claim.

10 ‘‘(b) INCOMPLETE APPLICATIONS.—If a claimant’s

11 application for a benefit under the laws administered by

12 the Secretary is incomplete, the Secretary shall notify the

13 claimant and the claimant’s representative, if any, of the

14 information necessary to complete the application. The

15 Secretary shall notify each claimant of any additional in16 formation and medical and lay evidence necessary to sub17 stantiate the claim. As part of such notice, the Secretary

18 shall indicate which portion of such evidence, if any, is

19 to be provided by the claimant and which portion of such

20 evidence, if any, the Secretary will attempt to obtain on

21 behalf of the claimant.

22 ‘‘(c) TIME LIMITATION.—In the case of evidence that

23 the claimant is notified is to be provided by the claimant,

24 if such evidence is not received by the Secretary within

25 one year from the date of such notification, no benefits

26 may be paid or furnished by reason of such application.
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1 ‘‘(d) INAPPLICABILITY TO CERTAIN BENEFITS.—

2 This section shall not apply to any application or claim

3 for Government life insurance benefits.

4 ‘‘§ 5103. Applications: Duty to assist claimants

5 ‘‘(a) DUTY TO ASSIST.—The Secretary shall make

6 reasonable efforts to assist in obtaining evidence necessary

7 to establish a claimant’s eligibility for a benefit under a

8 law administered by the Secretary. However, the Secretary

9 may decide a claim without providing assistance under this

10 subsection when no reasonable possibility exists that such

11 assistance will aid in the establishment of eligibility for

12 the benefit sought.

13 ‘‘(b) ASSISTANCE IN OBTAINING RECORDS.—(1) As

14 part of the assistance provided under subsection (a), the

15 Secretary shall make reasonable efforts to obtain relevant

16 records that the claimant adequately identifies to the Sec17 retary and authorizes the Secretary to obtain.

18 ‘‘(2) Whenever the Secretary, after making such rea19 sonable efforts, is unable to obtain all of the records

20 sought, the Secretary shall inform the claimant that the

21 Secretary is unable to obtain such records. Such a notice

22 shall—

23 ‘‘(A) specifically identify the records the Sec24 retary is unable to obtain;
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1 ‘‘(B) briefly explain the efforts that the Sec2 retary made to obtain those records;

3 ‘‘(C) describe any further actions to be taken by

4 the Secretary with respect to the claim; and

5 ‘‘(D) request the claimant, if the claimant in6 tends to attempt to obtain such records independ7 ently, to so notify the Secretary within a time period

8 to be specified in the notice.

9 ‘‘(c) OBTAINING RECORDS FOR COMPENSATION

10 CLAIMS.—In the case of a claim by a veteran for disability

11 compensation, the assistance provided by the Secretary

12 under subsection (a) shall include obtaining the following

13 records if relevant to the veteran’s claim:

14 ‘‘(1) The claimant’s existing service medical

15 records and, if the claimant has furnished informa16 tion sufficient to locate such records, other relevant

17 service records.

18 ‘‘(2) Existing records of relevant medical treat19 ment or examination of the veteran at Department

20 health-care facilities or at the expense of the Depart21 ment, if the claimant has furnished information suf22 ficient to locate such records.

23 ‘‘(3) Information as described in section 5106

24 of this title.
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1 ‘‘(d) MEDICAL EXAMINATIONS FOR COMPENSATION

2 CLAIMS.—In the case of a claim by a veteran for disability

3 compensation, the assistance provided by the Secretary

4 under subsection (a) shall include providing a medical ex5 amination, or obtaining a medical opinion, when the evi6 dence of record before the Secretary—

7 ‘‘(1) establishes that—

8 ‘‘(A) the claimant has—

9 ‘‘(i) a current disability;

10 ‘‘(ii) current symptoms of a disease

11 that may not be characterized by symp12 toms for extended periods of time; or

13 ‘‘(iii) persistent or recurrent symp14 toms of disability following discharge or re15 lease from active military, naval, or air

16 service; and

17 ‘‘(B) there was an event, injury, or disease

18 (or combination of events, injuries, or diseases)

19 during the claimant’s active military, naval, or

20 air service capable of causing or aggravating

21 the claimant’s current disability or symptoms,

22 but

23 ‘‘(2) is insufficient to establish service-connec24 tion of the current disability or symptoms.
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1 ‘‘(e) REGULATIONS.—The Secretary shall prescribe

2 regulations to carry out this section. Such regulations

3 shall include provisions for—

4 ‘‘(1) specifying the evidence necessary under

5 subsection (a) to establish a claimant’s eligibility for

6 a benefit under a law administered by the Secretary;

7 and

8 ‘‘(2) determining under subsections (b) and (c)

9 what records are relevant to a claim.

10 ‘‘(f) RULE WITH RESPECT TO DISALLOWED

11 CLAIMS.—Nothing in this section shall be construed to re12 quire the Secretary to reopen a claim that has been dis13 allowed except when new and material evidence is pre14 sented or secured, as described in section 5108 of this

15 title.

16 ‘‘(g) OTHER ASSISTANCE NOT PRECLUDED.—Noth17 ing in this section shall be construed as precluding the

18 Secretary from providing such other assistance to a claim19 ant as the Secretary considers appropriate.’’.

20 (b) REENACTMENT OF RULE FOR CLAIMANT’S LACK21 ING A MAILING ADDRESS.—Chapter 51 of such title is

22 amended by adding at the end the following new section:
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1 ‘‘§ 5126. Benefits not to be denied based on lack of

2 mailing address

3 ‘‘Benefits under laws administered by the Secretary

4 may not be denied a claimant on the basis that the claim5 ant does not have a mailing address.’’.

6 (c) CLERICAL AMENDMENTS.—The table of sections

7 at the beginning of chapter 51 of such title is amended—

8 (1) by striking the items relating to sections

9 5102 and 5103 and inserting the following:

‘‘5102. Applications: forms furnished upon request; notice to claimants of incomplete applications.

‘‘5103. Applications: duty to assist claimants.’’;

10 and

11 (2) by adding at the end the following new

12 item:

‘‘5126. Benefits not to be denied based on lack of mailing address.’’.

13 SEC. 4. BURDEN OF PROOF.

14 (a) REPEAL OF ‘‘WELL-GROUNDED CLAIM’’ RULE.—

15 Section 5107 of title 38, United States Code, is amended

16 to read as follows:

17 ‘‘§ 5107. Burden of proof; benefit of the doubt

18 ‘‘(a) BURDEN OF PROOF.—Except when otherwise

19 provided by this title or by the Secretary in accordance

20 with the provisions of this title, a claimant shall have the

21 burden of proving entitlement to benefits.

22 ‘‘(b) BENEFIT OF THE DOUBT.—The Secretary shall

23 consider all evidence and material of record in a case be-
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1 fore the Department with respect to benefits under laws

2 administered by the Secretary and shall give the claimant

3 the benefit of the doubt when there is an approximate bal4 ance of positive and negative evidence regarding any issue

5 material to the determination of the matter.’’.

6 SEC. 5. PROHIBITION OF CHARGES FOR RECORDS FUR7 NISHED BY OTHER FEDERAL DEPARTMENTS

8 AND AGENCIES.

9 Section 5106 of title 38, United States Code, is

10 amended by adding at the end the following new sentence:

11 ‘‘No charge may be imposed by the head of any such de12 partment or agency for providing such information.’’.

13 SEC. 6. EFFECTIVE DATE.

14 (a) IN GENERAL.—Except as specifically provided

15 otherwise, the provisions of section 5107 of title 38,

16 United States Code, as amended by section 4 of this Act,

17 apply to any claim—

18 (1) filed on or after the date of the enactment

19 of this Act; or

20 (2) filed before the date of the enactment of

21 this Act and not final as of the date of the enact22 ment of this Act.

23 (b) RULE FOR CLAIMS THE DENIAL OF WHICH BE24 CAME FINAL AFTER THE COURT OF APPEALS FOR VET-
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1 ERANS CLAIMS DECISION IN THE MORTON CASE.—(1) In

2 the case of any claim for benefits—

3 (A) the denial of which became final during the

4 period beginning on July 14, 1999, and ending on

5 the date of the enactment of this Act; and

6 (B) which was denied or dismissed by the Sec7 retary of Veterans Affairs or a court because the

8 claim was not well grounded (as that term was used

9 in section 5107(a) of title 38, United States Code,

10 as in effect during that period),

11 the Secretary of Veterans Affairs shall, upon the request

12 of the claimant, or on the Secretary’s own motion, order

13 the claim readjudicated under chapter 51 of such title, as

14 amended by this Act, as if such denial or dismissal had

15 not been made.

16 (2) A claim may not be readjudicated under this sub17 section unless the request is filed or the motion made not

18 later than two years after the date of the enactment of

19 this Act.

20 (3) In the absence of a timely request of a claimant,

21 nothing in this Act shall be construed as establishing a

22 duty on the part of the Secretary of Veterans Affairs to

23 locate and readjudicate claims described in this subsection.

Passed the House of Representatives July 25, 2000.

Attest: JEFF TRANDAHL,

Clerk.