I 

114TH CONGRESS 

1ST SESSION H. R. 245 

To amend title 38, United States Code, to codify certain existing provisions 

of law relating to effective dates for claims under the laws administered 

by the Secretary of Veterans Affairs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2015 

Mr. ABRAHAM introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to codify certain 

existing provisions of law relating to effective dates for 

claims under the laws administered by the Secretary 

of Veterans Affairs, 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, 

3 SECTION 1. CODIFICATION OF EFFECTIVE DATES FOR 

4 CLAIMS UNDER THE LAWS ADMINISTERED BY 

5 THE SECRETARY OF VETERANS AFFAIRS. 

6 (a) DEFINITIONS.— 

7 (1) IN GENERAL.—Section 5100 of title 38, 

8 United States Code, is amended to read as follows: 


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1 ‘‘§ 5100. Definitions 

2 ‘‘In this chapter: 

3 ‘‘(1) The term ‘claimant’ means any individual 

4 applying for, or submitting a claim for, any benefit 

5 under the laws administered by the Secretary. 

6 ‘‘(2) The term ‘claim’ means a communication 

7 in writing requesting a determination of entitlement 

8 or evidencing a belief in entitlement to a benefit 

9 under the laws administered by the Secretary. 

10 ‘‘(3) The term ‘formal claim’ means a claim 

11 submitted on an application form prescribed by the 

12 Secretary. 

13 ‘‘(4) The term ‘informal claim’ means a com14 munication in writing requesting a determination of 

15 entitlement or evidencing a belief in entitlement, to 

16 a benefit under the laws administered by the Sec17 retary that— 

18 ‘‘(A) is submitted in a format other than 

19 on an application form prescribed by the Sec20 retary; 

21 ‘‘(B) indicates an intent to apply for one 

22 or more benefits under the laws administered 

23 by the Secretary; 

24 ‘‘(C) identifies the benefit sought; 

25 ‘‘(D) is made or submitted by a claimant, 

26 his or her duly authorized representative, a 


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1 Member of Congress, or another person acting 

2 on behalf of a claimant who meets the require3 ments established by the Secretary for such 

4 purpose; and 

5 ‘‘(E) may include a report of examination 

6 or hospitalization, if the report relates to a dis7 ability which may establish such an entitlement. 

8 ‘‘(5) The term ‘reasonably raised claim’ means 

9 evidence of an entitlement to a benefit under the 

10 laws administered by the Secretary that is not ex11 plicitly raised in a claim but that is logically placed 

12 at issue upon a sympathetic reading of the claim 

13 and the record developed with respect to the claim.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of chapter 51 of such title is 

16 amended by striking the item relating to section 

17 5100 and inserting the following new item: 

‘‘5100. Definitions.’’. 

18 (b) INFORMAL CLAIMS.—Section 5101(a) of such 

19 title is amended by adding at the end the following new 

20 paragraph: 

21 ‘‘(3)(A) Upon receipt of an informal claim, if a formal 

22 claim has not been filed, the Secretary shall provide the 

23 claimant with an application form on which the claimant 

24 may submit a formal claim. In addition to all relevant 

25 communications relating to any claim, the Secretary shall 


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1 maintain in the claim file a dated copy of the letter accom2 panying the application form sent to the claimant under 

3 this subparagraph. 

4 ‘‘(B) An informal request for increase or reopening 

5 of a claim shall be accepted and treated in the same man6 ner as a formal claim.’’. 

7 (c) EFFECTIVE DATES.—Section 5110(a) of such 

8 title is amended— 

9 (1) by striking ‘‘Unless’’ and inserting ‘‘(1) Un10 less’’; and 

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

12 paragraph: 

13 ‘‘(2) In determining the date of the receipt of an ap14 plication for any benefit purposes of this section, the Sec15 retary shall consider an application to be filed on the date 

16 on which an informal communication relating to such ben17 efit is submitted, as long as the person claiming or apply18 ing for the benefit files an application by not later than 

19 180 days after the date on which the Secretary furnishes 

20 the person the necessary application forms under section 

21 5102 of this title. If the person claiming or applying for 

22 the benefit fails to file an application by the date that is 

23 180 days after the date on which the Secretary furnishes 

24 the person such necessary application forms, the Secretary 


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1 shall consider the application to be filed on the date on 

2 which the completed application form is submitted.’’. 

3 (d) REASONABLY RAISED CLAIMS.— 

4 (1) IN GENERAL.—Chapter 51 of such title is 

5 amended by inserting after section 5103A the fol6 lowing new section: 

7 ‘‘§ 5103B. Treatment of reasonably raised claims 

8 ‘‘The Secretary shall identify, address, and adju9 dicate reasonably raised claims that are placed at issue 

10 in the course of addressing or adjudicating any claim, in11 cluding evidence relating to entirely separate conditions 

12 never identified as part of a formal claim.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of such chapter is amended 

15 by inserting after the item relating to section 5103A 

16 the following new item: 

‘‘5103B. Treatment of reasonably raised claims.’’. 

17 (e) EFFECTIVE DATE.—The amendments made by 

18 this Act shall take effect on the date of the enactment 

19 of this Act and shall apply with respect to a claim sub20 mitted on or after such date. 

Æ 


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