I
107TH CONGRESS
2D SESSION
H. R. 3733
To amend title 38, United States Code, to allow for substitution of parties
in the case of a claim for benefits provided by the Department of
Veterans Affairs when the applicant for such benefits dies while the
claim is pending, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 2002
Mr. EVANS (for himself and Mr. REYES) introduced the following bill; which
was referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to allow for substi-
tution of parties in the case of a claim for benefits
provided by the Department of Veterans Affairs when
the applicant for such benefits dies while the claim is
pending, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Veterans’ Claims Con-
tinuation Act’’.
SEC. 2. CONTINUATION OF CLAIM AND SUBSTITUTION OF
PARTIES UPON DEATH OF APPLICANT FOR
BENEFITS.
(a) IN GENERAL.—Chapter 51 of title 38, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 5127. Deaths of applicants for benefits: continu-
ation of claims and substitution of parties
‘‘(a) In the case of a claim for monetary benefits
(other than insurance and servicemember’s indemnity)
under laws administered by the Secretary that was sub-
mitted to the Secretary by a claimant who dies on or after
the date of the enactment of the Veterans’ Claims Con-
tinuation Act and before a decision on that claim becomes
final in accordance with section 7291 of this title, the
claim shall not be extinguished if, within one year of the
claimant’s death, an eligible person submits an application
to the Secretary, or submits a motion to a court with juris-
diction over the claim, to be substituted as the claimant
in order to continue prosecution of that claim. The Sec-
retary or the court, as the case may be, shall approve any
such application submitted by an eligible person.
‘‘(b)(1) For purposes of this section and section 7270
of this title, subject to paragraph (2), the term ‘eligible
person’ means any of the following individuals:
‘‘(A) The surviving spouse.
‘‘(B) Surviving children who have attained the
age of 21.
‘‘(C) A surviving parent.
‘‘(D) The executor, administrator or other legal
representative of the deceased claimant’s estate.
‘‘(E) The next of kin of the veteran.
‘‘(2) In a case where more than one individual re-
ferred to in paragraph (1) submits an application or mo-
tion under subsection (a) to be substituted as a claimant,
the eligible person shall be determined in the order listed
in subparagraphs (A) through (E) of paragraph (1).
‘‘(c) Upon being notified of the death of a claimant,
the Secretary shall send a notice to the estate of the dece-
dent at the decedent’s last know address and to the au-
thorized representative of the decedent, if any, informing
the estate and the representative that the claim will be
dismissed unless an application for substitution as the
claimant is received by the Secretary within one year of
the claimant’s death. If the Secretary has actual knowl-
edge of the name and last known address of the surviving
spouse, surviving children, surviving parent, or the legal
representative of the decedent’s estate, a copy of such no-
tice shall be mailed or delivered to each such person. An
application under this section for substitution as the
claimant on a claim must be filed within one year after
the date of the claimant’s death.
‘‘(d) A person named as a substitute claimant under
section (a) shall be accorded all the rights and responsibil-
ities of the original claimant.
‘‘(e) If benefits are payable as a result of a decision
on a claim by a substituted claimant named under this
section, such benefits shall be paid as follows:
‘‘(1) If the deceased claimant was claiming ben-
efits as a veteran, to the living person first listed
below:
‘‘(A) The veteran’s spouse.
‘‘(B) The veteran’s children (in equal
shares).
‘‘(C) The veteran’s dependent parents (in
equal shares).
‘‘(2) If the deceased claimant was claiming ben-
efits as the surviving spouse of a veteran, to the sur-
viving children of the deceased veteran (in equal
shares).
‘‘(3) If the deceased claimant was claiming ben-
efits under chapter 18 of this title as the child of a
veteran, to the surviving parents of the child (in
equal shares).
‘‘(4) If there is no beneficiary who meets the
criteria of paragraphs (1), (2), and (3) and in all
other cases, to the decedent’s estate, unless the es-
tate will escheat.
‘‘(f) No part of any benefit payable to a person as
a result of being substituted as the claimant on a claim
under this section shall be used to reimburse any political
subdivision of the United States for expenses incurred in
the last sickness or burial of the deceased claimant.
‘‘(g) Upon the appointment of a substitute claimant,
the Secretary shall notify the person substituted as the
claimant as to the evidence or information necessary to
substantiate the pending claim. If such information or evi-
dence is not received within one year from the date of such
notification, no benefits may be paid on the claim.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘5127. Deaths of applicants for benefits: continuation of claims and substitution
of parties.’’.
SEC. 3. PAYMENT OF ACCRUED BENEFITS APPLICABLE TO
DEATHS BEFORE DATE OF ENACTMENT.
(a) IN GENERAL.—Subsection (a) of section 5121 of
title 38, United States Code, is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘periodic monetary benefits’’ and all that
follows through ‘‘be paid’’ and inserting ‘‘accrued
benefits of a deceased individual who died before the
date of the enactment of the Veterans’ Claims Con-
tinuation Act that are due and unpaid for a period
not to exceed two years shall be paid’’; and
(2) in paragraph (5), by striking ‘‘only so
much’’ and all that follows through ‘‘burial’’ and in-
serting ‘‘to the decedent’s estate, unless the estate
will escheat’’.
(b) DEFINITION OF ACCRUED BENEFITS.—Such sec-
tion is further amended by adding at the end the following
new subsection:
‘‘(d) For purposes of this section and section 5122
of this title, the term ‘accrued benefits’, with respect to
a deceased individual, means periodic monetary benefits
(other than insurance and servicemember’s indemnity)
under laws administered by the Secretary to which the de-
ceased individual was entitled at death under existing rat-
ings or decisions or based on evidence in the file at date
of death.’’.
SEC. 4. SUBSTITUTION OF SURVIVOR IN CASES PENDING
BEFORE A COURT.
(a) IN GENERAL.—(1) Subchapter II of chapter 72
of title 38, United States Code, is amended by adding at
the end the following new section:
‘‘§ 7270. Cases pending on death of claimant: substi-
tution of parties
‘‘(a) If a claimant dies before filing an appeal under
section 7266 of this title, an eligible person may file an
appeal as a substituted claimant for the decedent within
the time period specified under section 7266 of this title.
If an appellant or respondent dies while a claim is pending
before a court and before a final decision is rendered
under section 7291 of this title, an eligible person may
move the court for substitution of claimant in the pending
action. Any such appeal to the United States Court of Ap-
peals for Veterans Claims or to the United States Court
of Appeals for the Federal Circuit must be filed within
the time period prescribed by sections 7266 and 7292 of
this title, respectively, or within one year of the claimant’s
death, whichever is earlier.
‘‘(b) In any case in which a final decision under sec-
tion 7291 of this title has not been made, an eligible per-
son may move a court to be substituted as the appellant
(or respondent as the case may be) for an appellant or
respondent who dies while an appeal is pending. The court
shall, upon filing of a timely motion, appoint an eligible
person to substitute as the claimant to continue prosecu-
tion or defense of that claim.
‘‘(c) Nothing in this section shall require or authorize
substitution for a deceased claimant if a final decision
under section 7291 of this title has been entered before
the filing of a motion for substitution.
‘‘(d) In this section, the term ‘eligible person’ has the
meaning given that term in section 5127(b) of this title.’’.
(2) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following
new item:
‘‘7270. Cases pending on death of claimant: substitution of parties.’’.
(b) EFFECTIVE DATE.—Section 7270 of title 38,
United States Code, as added by subsection (a), shall
apply with respect to deaths of claimants on or after the
date of the enactment of this Act.
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