I
106TH CONGRESS
1ST SESSION
H. R. 3193
To amend title 38, United States Code, to reestablish the duty of the Depart-
ment of Veterans Affairs to assist claimants for benefits in developing
claims and to clarify the burden of proof for such claims.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 2, 1999
Mr. EVANS (for himself, Mr. FILNER, Mr. DOYLE, Mr. RODRIGUEZ, Mr.
SHOWS, Ms. CARSON, Ms. BERKLEY, Mr. ABERCROMBIE, and Mr.
HOLDEN) introduced the following bill; which was referred to the Com-
mittee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to reestablish the
duty of the Department of Veterans Affairs to assist
claimants for benefits in developing claims and to clarify
the burden of proof for such claims.
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 ‘‘Duty to Assist Vet-
erans Act of 1999’’.
SEC. 2. DUTY OF DEPARTMENT OF VETERANS AFFAIRS TO
ASSIST CLAIMANTS.
(a) DUTY TO ASSIST.—(1) Chapter 51 of title 38,
United States Code, is amended by inserting after section
5103 the following new section:
‘‘§ 5103A. Duty to assist claimants
‘‘(a) The Secretary shall assist a person who submits
a claim for a benefit under a law administered by the Sec-
retary in developing information pertinent to a decision
on the claim.
‘‘(b) The assistance that shall be provided by the Sec-
retary under subsection (a) before a decision on the claim
is rendered shall include the following:
‘‘(1) Requesting information as described in
section 5106 of this title.
‘‘(2) Informing the claimant of the information
and medical or lay evidence needed in order to fully
develop the claim.
‘‘(3) Requesting information identified or ref-
erenced by the claimant if the claimant has executed
a release of information authorizing the Secretary to
obtain the information.
‘‘(4) Informing the claimant if the Secretary is
unable to obtain pertinent evidence such as service
medical records or other evidence identified by the
claimant.
‘‘(5) Providing a medical examination for the
purposes of determining the current disability of any
veteran who is unable to afford medical care as de-
termined under section 1722(a) of this title.
‘‘(6) Any other assistance the Secretary con-
siders necessary and appropriate to assure the prop-
er development of the claim.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 5103 the following new item:
‘‘5103A. Duty to assist claimants.’’.
(b) BURDEN OF PROOF.—(1) Subsection (a) of sec-
tion 5107 of such title is amended to read as follows:
‘‘(a) A person who submits a claim for a benefit
under a law administered by the Secretary shall have the
burden of proving eligibility for that benefit. That burden
may be satisfied by meeting the requirements of any pre-
sumption provided by law or regulation applicable to the
claim.’’.
(2) Subsection (b) of that section is amended by
striking ‘‘each’’ in the first sentence.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to any claim filed with the Sec-
retary of Veterans Affairs on or after July 14, 1999.
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