II 

Calendar No. 83 

117TH CONGRESS 

1ST SESSION S. 89 

To require the Secretary of Veterans Affairs to secure medical opinions 

for veterans with service-connected disabilities who die from COVID– 

19 to determine whether their service-connected disabilities were the 

principal or contributory causes of death, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2021 

Ms. SINEMA (for herself, Mr. TILLIS, Mrs. SHAHEEN, Mr. BOOZMAN, Mr. 

BLUMENTHAL, Ms. WARREN, Mr. COONS, Mr. MANCHIN, Mr. REED, Ms. 

COLLINS, Mr. MARKEY, Mr. WICKER, Mr. WHITEHOUSE, Mr. KELLY, 

Mr. PETERS, Ms. BALDWIN, Ms. HASSAN, and Mr. KING) introduced the 

following bill; which was read twice and referred to the Committee on 

Veterans’ Affairs 

JUNE 24, 2021 

Reported by Mr. TESTER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Secretary of Veterans Affairs to secure medical opinions for veterans with service-connected disabilities who die from COVID–19 to determine whether their 

service-connected disabilities were the principal or contributory causes of death, and for other purposes. 


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•S 89 RS

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 ‘‘Ensuring Survivor 

5 Benefits During COVID–19 Act of 2021’’. 

6 SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH 

7 SERVICE-CONNECTED DISABILITIES WHO DIE 

8 OF COVID–19. 

9 In any case in which a veteran with one or more serv10 ice-connected disabilities dies, the death certificate identi11 fies Coronavirus Disease 2019 (COVID–19) as the prin12 cipal or contributory cause of death, the death certificate 

13 does not clearly identify any of the service-connected dis14 abilities as the principal or contributory cause of death, 

15 and a claim for benefits is filed with respect to the veteran 

16 under chapter 13 of title 38, Unites States Code, the Sec17 retary of Veterans Affairs shall secure a medical opinion 

18 to determine if a service-connected disability was the prin19 cipal or contributory cause of death. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Ensuring Survivor Ben22 efits during COVID–19 Act of 2021’’. 


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•S 89 RS

1 SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH 

2 SERVICE-CONNECTED DISABILITIES WHO DIE 

3 OF COVID–19. 

4 (a) IN GENERAL.—The Secretary of Veterans Affairs 

5 shall secure a medical opinion to determine if a service6 connected disability was the principal or contributory cause 

7 of death before notifying the survivor of the final decision 

8 in any case in which all of the following factors are met: 

9 (1) A claim for compensation is filed under 

10 chapter 13 of title 38, Unites States Code, with re11 spect to a veteran with one or more service-connected 

12 disabilities who dies. 

13 (2) The death certificate for the veteran identifies 

14 Coronavirus Disease 2019 (COVID–19) as the prin15 cipal or contributory cause of death. 

16 (3) The death certificate does not clearly identify 

17 any of the service-connected disabilities of the veteran 

18 as the principal or contributory cause of death. 

19 (4) A service-connected disability of the veteran 

20 includes a condition more likely to cause severe illness 

21 from COVID–19 as determined by the Centers for 

22 Disease Control and Prevention. 

23 (5) The claimant is not entitled to benefits under 

24 section 1318 of such title. 


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•S 89 RS

1 (6) The evidence to support the claim does not 

2 result in a preliminary finding in favor of the claim3 ant. 

4 (b) OUTREACH.—The Secretary shall provide informa5 tion to veterans, dependents, and veterans service organiza6 tions about applying to dependency and indemnity com7 pensation when a veteran dies from COVID–19. The Sec8 retary shall provide such information through the website 

9 of the Department of Veterans Affairs and via other out10 reach mechanisms. 


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kjohnson on DSK79L0C42PROD with BILLS
Calendar No. 83 

117TH CONGRESS 

1ST SESSION S. 89 

A BILL 

To require the Secretary of Veterans Affairs to sedeath, and for other purposes. ities were the principal or contributory causes of determine whether their service-connected disabil- connected disabilities who die from COVID–19 to cure medical opinions for veterans with serviceJUNE 24, 2021 

Reported with an amendment 


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