I 

111TH CONGRESS 

2D SESSION H. R. 5549 

To amend title 38, United States Code, to provide for expedited procedures 

for the consideration of certain veterans claims, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 17, 2010 

Mr. DONNELLY of Indiana (for himself and Mr. HALL of New York) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to provide for expedited procedures for the consideration of certain veterans 

claims, 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. SHORT TITLE. 

4 This Act may be cited as ‘‘The Rating and Processing 

5 Individuals’ Disability Claims Act’’ or the ‘‘RAPID Claims 

6 Act’’. 


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1 SEC. 2. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR 

2 CLAIMS UNDER LAWS ADMINISTERED BY 

3 SECRETARY OF VETERANS AFFAIRS. 

4 Section 5101 of title 38, United States Code, is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(d)(1) If a claimant submits to the Secretary a claim 

8 that the Secretary determines is a fully developed claim, 

9 the Secretary shall provide— 

10 ‘‘(A) the claimant with the opportunity to waive 

11 any claim development period otherwise made avail12 able by the Secretary with respect to such claim; and 

13 ‘‘(B) expeditious treatment to such claim. 

14 ‘‘(2) If a person submits to the Secretary any written 

15 notification sufficient to inform the Secretary that the per16 son plans to submit a fully developed claim and, not later 

17 than one year after submitting such notification submits 

18 to the Secretary a claim that the Secretary determines is 

19 a fully developed claim, the Secretary shall provide expedi20 tious treatment to the claim. 

21 ‘‘(3) If the Secretary determines that a claim sub22 mitted by a claimant as a fully developed claim is not fully 

23 developed, the Secretary shall provide such claimant with 

24 the notice described in section 5103(a) within 30 days 

25 after the Secretary makes such determination. 

26 ‘‘(4) For purposes of this section: 


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1 ‘‘(A) The term ‘fully developed claim’ means a 

2 claim— 

3 ‘‘(i) for which the claimant— 

4 ‘‘(I) received assistance from a vet5 erans service officer, a State or county vet6 erans service organization, an agent, or an 

7 attorney; or 

8 ‘‘(II) submits, together with the claim, 

9 an appropriate indication that the claimant 

10 does not intend to submit any additional 

11 information or evidence in support of the 

12 claim and does not require additional as13 sistance with respect to the claim; and 

14 ‘‘(ii) for which the claimant or the claim15 ant’s representative, if any, each signs, dates, 

16 and submits a certification in writing stating 

17 that, as of such date, no additional information 

18 or evidence is available or needs to be submitted 

19 in order for the claim to be adjudicated. 

20 ‘‘(B) The term ‘expeditious treatment’ means, 

21 with respect to a claim for benefits under the laws 

22 administered by the Secretary, treatment of such 

23 claim so that the claim is fully processed and adju24 dicated within 90 days after the Secretary receives 

25 an application for such claim.’’. 


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1 SEC. 3. APPEALS FORM AVAILABILITY. 

2 Subsection (b) of section 5104 of such title is amend3 ed— 

4 (1) by striking ‘‘and (2)’’ and inserting ‘‘(2)’’; 

5 and 

6 (2) by inserting before the period at the end the 

7 following: ‘‘, and (3) any form or application re8 quired by the Secretary to appeal such decision’’. 

9 SEC. 4. EFFECTIVE DATE. 

10 The amendments made by this Act shall apply with 

11 respect to claims submitted on or after the date of the 

12 enactment of this Act. 

Æ 


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