II 

118TH CONGRESS 

1ST SESSION S. 3452 

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 SENATE OF THE UNITED STATES 

DECEMBER 7, 2023 

Mr. TESTER introduced the following bill; which was read twice and 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. 

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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•S 3452 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fred Hamilton Vet3 erans’ Lost Records Act’’. 

4 SEC. 2. AUTHORITY TO DETERMINE ELIGIBILITY AND ENTI5 TLEMENT TO VETERANS BENEFITS USING AL6 TERNATIVE SOURCES OF EVIDENCE WHEN 

7 SERVICE RECORDS ARE INCOMPLETE BE8 CAUSE OF DAMAGE OR LOSS AFTER BEING IN 

9 POSSESSION OF FEDERAL GOVERNMENT. 

10 (a) AUTHORITY TO DETERMINE ELIGIBILITY AND

11 ENTITLEMENT TO BENEFITS USING ALTERNATIVE

12 SOURCES OF EVIDENCE.—The Secretary of Veterans Af13 fairs may determine the eligibility or entitlement of a 

14 member or former member of the Armed Forces to a ben15 efit under a law administered by the Secretary solely based 

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

17 military service records or medical treatment records of 

18 the member or former member are incomplete because of 

19 damage or loss of records after being in the possession 

20 of the Federal Government. 

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

22 date of the enactment of this Act, the Secretary of Vet23 erans Affairs, in consultation with the Secretary of De24 fense and the Archivist of the United States, shall promul25 gate regulations regarding the use by the Secretary of VetVerDate Sep 11 2014 02:05 Dec 21, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3452.IS S3452

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1 erans Affairs of alternative sources of evidence under sub2 section (a). 

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

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

5 Forces with military service records or medical treatment 

6 records described in subsection (a), paragraph (2) of sec7 tion 5110(a) of title 38, United States Code, shall apply 

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

9 supplemental claim, or notice described in such paragraph. 

10 (d) ALTERNATIVE SOURCE OF EVIDENCE DE11 FINED.—In this section, the term ‘‘alternative sources of 

12 evidence’’ means— 

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

14 Armed Forces, a medical disability examination oc15 curring soonest after the former member’s date of 

16 discharge or release from service in the active mili17 tary, naval, air, or space service; 

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

19 incurred or aggravated during service in the active 

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

21 former member of the Armed Forces regarding the 

22 circumstances surrounding its incurrence or aggra23 vation; 

24 (3) a credible buddy statement; or 


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1 (4) such other sources of evidence or processes 

2 as the Secretary of Veterans Affairs deems appro3 priate for purposes of determining eligibility or enti4 tlement under subsection (a). 

Æ 


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