I 
118TH CONGRESS 
2D SESSION 
H. R. 8048 
To authorize the Secretary of Veterans Affairs to determine the eligibility 
or entitlement of a member or former member of the Armed Forces 
described in subsection (a) to a benefit under a law administered by 
the Secretary solely based on alternative sources of evidence when the 
military service records or medical treatment records of the member 
or former member are incomplete because of damage or loss of records 
after being in the possession of the Federal Government, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2024 
Mr. MCGARVEY (for himself, Mr. EDWARDS, Mr. MORELLE, and Ms. 
TENNEY) introduced the following bill; which was referred to the Com-
mittee on Veterans’ Affairs 
A BILL 
To authorize the Secretary of Veterans Affairs to determine 
the eligibility or entitlement of a member or former mem-
ber of the Armed Forces described in subsection (a) 
to a benefit under a law administered by the Secretary 
solely based on alternative sources of evidence when the 
military service records or medical treatment records of 
the member or former member are incomplete because 
of damage or loss of records after being in the possession 
of the Federal Government, and for other purposes. 
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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 ‘‘Fred Hamilton Vet-
erans’ Lost Records Act’’. 
SEC. 2. AUTHORITY TO DETERMINE ELIGIBILITY AND ENTI-
TLEMENT TO VETERANS BENEFITS USING AL-
TERNATIVE SOURCES OF EVIDENCE WHEN 
SERVICE RECORDS ARE INCOMPLETE BE-
CAUSE OF DAMAGE OR LOSS AFTER BEING IN 
POSSESSION OF FEDERAL GOVERNMENT. 
(a) AUTHORITY TO DETERMINE ELIGIBILITY AND 
ENTITLEMENT
TO
BENEFITS
USING
ALTERNATIVE 
SOURCES OF EVIDENCE.—The Secretary of Veterans Af-
fairs may determine the eligibility or entitlement of a 
member or former member of the Armed Forces to a ben-
efit under a law administered by the Secretary solely based 
on alternative sources of evidence in a case in which the 
military service records or medical treatment records of 
the member or former member are incomplete because of 
damage or loss of records after being in the possession 
of the Federal Government. 
(b) REGULATIONS.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Vet-
erans Affairs, in consultation with the Secretary of De-
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fense and the Archivist of the United States, shall promul-
gate regulations regarding the use by the Secretary of Vet-
erans Affairs of alternative sources of evidence under sub-
section (a). 
(c) EFFECTIVE DATES OF AWARDS.—In the case of 
a claim of a member or former member of the Armed 
Forces with military service records or medical treatment 
records described in subsection (a), paragraph (2) of sec-
tion 5110(a) of title 38, United States Code, shall apply 
except for any limitation based on the date of a request, 
supplemental claim, or notice described in such paragraph. 
(d) ALTERNATIVE
SOURCE
OF
EVIDENCE
DE-
FINED.—In this section, the term ‘‘alternative sources of 
evidence’’ means— 
(1) in the case of a former member of the 
Armed Forces, a medical disability examination oc-
curring soonest after the former member’s date of 
discharge or release from service in the active mili-
tary, naval, air, or space service; 
(2) in the case of a claim regarding a disability 
incurred or aggravated during service in the active 
military, naval, air, or space service, the assertion of 
former member of the Armed Forces regarding the 
circumstances surrounding its incurrence or aggra-
vation; 
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(3) a credible buddy statement; or 
(4) such other sources of evidence or processes 
as the Secretary of Veterans Affairs deems appro-
priate for purposes of determining eligibility or enti-
tlement under subsection (a). 
Æ 
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