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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CODIFICATION OF EFFECTIVE DATES FOR 
CLAIMS UNDER THE LAWS ADMINISTERED BY 
THE SECRETARY OF VETERANS AFFAIRS. 
(a) DEFINITIONS.— 
(1) IN
GENERAL.—Section 5100 of title 38, 
United States Code, is amended to read as follows: 
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‘‘§ 5100. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘claimant’ means any individual 
applying for, or submitting a claim for, any benefit 
under the laws administered by the Secretary. 
‘‘(2) The term ‘claim’ means a communication 
in writing requesting a determination of entitlement 
or evidencing a belief in entitlement to a benefit 
under the laws administered by the Secretary. 
‘‘(3) The term ‘formal claim’ means a claim 
submitted on an application form prescribed by the 
Secretary. 
‘‘(4) The term ‘informal claim’ means a com-
munication in writing requesting a determination of 
entitlement or evidencing a belief in entitlement, to 
a benefit under the laws administered by the Sec-
retary that— 
‘‘(A) is submitted in a format other than 
on an application form prescribed by the Sec-
retary; 
‘‘(B) indicates an intent to apply for one 
or more benefits under the laws administered 
by the Secretary; 
‘‘(C) identifies the benefit sought; 
‘‘(D) is made or submitted by a claimant, 
his or her duly authorized representative, a 
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Member of Congress, or another person acting 
on behalf of a claimant who meets the require-
ments established by the Secretary for such 
purpose; and 
‘‘(E) may include a report of examination 
or hospitalization, if the report relates to a dis-
ability which may establish such an entitlement. 
‘‘(5) The term ‘reasonably raised claim’ means 
evidence of an entitlement to a benefit under the 
laws administered by the Secretary that is not ex-
plicitly raised in a claim but that is logically placed 
at issue upon a sympathetic reading of the claim 
and the record developed with respect to the claim.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of such title is 
amended by striking the item relating to section 
5100 and inserting the following new item: 
‘‘5100. Definitions.’’. 
(b) INFORMAL CLAIMS.—Section 5101(a) of such 
title is amended by adding at the end the following new 
paragraph: 
‘‘(3)(A) Upon receipt of an informal claim, if a formal 
claim has not been filed, the Secretary shall provide the 
claimant with an application form on which the claimant 
may submit a formal claim. In addition to all relevant 
communications relating to any claim, the Secretary shall 
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maintain in the claim file a dated copy of the letter accom-
panying the application form sent to the claimant under 
this subparagraph. 
‘‘(B) An informal request for increase or reopening 
of a claim shall be accepted and treated in the same man-
ner as a formal claim.’’. 
(c) EFFECTIVE DATES.—Section 5110(a) of such 
title is amended— 
(1) by striking ‘‘Unless’’ and inserting ‘‘(1) Un-
less’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) In determining the date of the receipt of an ap-
plication for any benefit purposes of this section, the Sec-
retary shall consider an application to be filed on the date 
on which an informal communication relating to such ben-
efit is submitted, as long as the person claiming or apply-
ing for the benefit files an application by not later than 
180 days after the date on which the Secretary furnishes 
the person the necessary application forms under section 
5102 of this title. If the person claiming or applying for 
the benefit fails to file an application by the date that is 
180 days after the date on which the Secretary furnishes 
the person such necessary application forms, the Secretary 
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shall consider the application to be filed on the date on 
which the completed application form is submitted.’’. 
(d) REASONABLY RAISED CLAIMS.— 
(1) IN GENERAL.—Chapter 51 of such title is 
amended by inserting after section 5103A the fol-
lowing new section: 
‘‘§ 5103B. Treatment of reasonably raised claims 
‘‘The Secretary shall identify, address, and adju-
dicate reasonably raised claims that are placed at issue 
in the course of addressing or adjudicating any claim, in-
cluding evidence relating to entirely separate conditions 
never identified as part of a formal claim.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 5103A 
the following new item: 
‘‘5103B. Treatment of reasonably raised claims.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this Act shall take effect on the date of the enactment 
of this Act and shall apply with respect to a claim sub-
mitted on or after such date. 
Æ 
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