I 
110TH CONGRESS 
1ST SESSION H. R. 1490 
To provide for a presumption of service-connectedness for certain claims 
for benefits under the laws administered by the Secretary of Veterans 
Affairs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 13, 2007 
Mr. DONNELLY (for himself and Mr. UPTON) (both by request): introduced 
the following bill; which was referred to the Committee on Veterans’ Affairs 
A BILL 
To provide for a presumption of service-connectedness for 
certain claims for benefits under the laws administered 
by the Secretary of Veterans Affairs, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PRESUMPTION OF SERVICE-CONNECTEDNESS 
FOR SUBMITTED CLAIMS. 
(a) IN GENERAL.—Section 5107 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
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‘‘(c) PRESUMPTION OF SERVICE-CONNECTEDNESS.— 
(1) A claimant presenting a claim for benefits with respect 
to a service-connected disability or death shall be pre-
sumed to have presented a valid claim of service-connect-
edness, subject to the requirements of paragraph (2), un-
less the Secretary determines there is positive evidence to 
the contrary. 
‘‘(2) A claimant presenting a claim described under 
paragraph (1) shall be required to support such claim with 
proof of service in a conflict referred to in such claim, and 
a brief description of the nature, including the connection 
to such service, of the disability or claim. 
‘‘(3) The Secretary shall audit a percentage, to be 
determined by the Secretary, of the presented claims de-
scribed in paragraph (1), to uncover and deter fraudulent 
claims. 
‘‘(4) The Secretary shall award benefits for claims 
described in paragraph (1) and meeting the requirements 
under paragraph (2), immediately upon processing of such 
claim, at a median level, as determined by the Secretary, 
for the type of disability described in the claim, until such 
time as the appropriate level of benefits is determined.’’. 
(b) APPLICABILITY.—Subsection (c) of section 5107 
of title 38, United States Code, as added by subsection 
(a) of this section, shall apply to claims presented on or 
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after the date of the enactment of this Act and claims 
that are still pending or have not been fully adjudicated 
as of the date of the enactment of this Act, but shall not 
apply to claims which have been denied and fully adju-
dicated before the date of the enactment of this Act. 
SEC. 2. REDEPLOYMENT OF DEPARTMENT OF VETERANS 
AFFAIRS CLAIMS WORKERS TO ASSIST VET-
ERANS WITH CLAIMS. 
The Secretary of Veterans Affairs shall redeploy a 
certain number of employees involved with processing 
claims that the Secretary determines are no longer needed 
to evaluate claims for benefits relating to service-con-
nected disability and death, due to the presumption of 
service-connectedness for such claims under section 
5107(c) of title 38, United States Code, as added by sec-
tion 1, for the purpose of assisting veterans applying for 
such benefits. The Secretary shall redeploy such employees 
to centers for the provision of readjustment counseling 
and related mental health services established under sec-
tion 1712A of such title (commonly referred to as ‘‘vet 
centers’’), or to any other locations the Secretary deter-
mines are appropriate for such purpose. 
Æ 
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