IB
Union Calendar No. 448
106TH CONGRESS
2D SESSION
H. R. 4864
[Report No. 106–781]
To amend title 38, United States Code, to reaffirm and clarify the duty
of the Secretary of Veterans Affairs to assist claimants for benefits
under laws administered by the Secretary, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 17, 2000
Mr. STUMP (for himself, Mr. EVANS, Mr. QUINN, Mr. FILNER, Mr. BILI-
RAKIS, Mr. EVERETT, Mr. STEARNS, Mr. HANSEN, Mr. MCKEON, Mr.
GIBBONS, Ms. BROWN of Florida, Mr. DOYLE, Mr. PETERSON of Min-
nesota, Mr. REYES, Mr. SHOWS, Mr. RODRIGUEZ, Ms. BERKLEY, Mr.
UDALL of New Mexico, Mr. SPRATT, Mrs. JONES of Ohio, Mr. ROHR-
ABACHER, Mr. DAVIS of Florida, Ms. BALDWIN, Mrs. JOHNSON of Con-
necticut, Mr. HOBSON, Ms. HOOLEY of Oregon, Mr. UNDERWOOD, Ms.
KAPTUR, Mr. CRAMER, Mr. LAZIO, Mr. HOLDEN, Mr. ABERCROMBIE,
Mr. MOAKLEY, Ms. ROYBAL-ALLARD, Mr. LUCAS of Oklahoma, Mr.
DEFAZIO, Mr. MOLLOHAN, Mr. NETHERCUTT, Ms. DUNN, Mr. SANDERS,
and Mr. SMITH of Texas) introduced the following bill; which was re-
ferred to the Committee on Veterans’ Affairs
JULY 24, 2000
Additional sponsors: Mr. BOEHLERT, Mr. TAYLOR of Mississippi, Mr. REY-
NOLDS, Mr. OBEY, Mr. SMITH of New Jersey, Mr. MINGE, Ms. CARSON,
Mr. BLAGOJEVICH, Ms. PRYCE of Ohio, Ms. LOFGREN, Mr. BAKER, Mr.
HASTINGS of Washington, Mr. HINOJOSA, Mr. MCHUGH, Mr. HOUGH-
TON, Mr. TIAHRT, Mr. WHITFIELD, Mr. OSE, Mrs. CLAYTON, Mr. RA-
HALL, Mr. BARCIA, Mr. MCCOLLUM, Mr. BATEMAN, Mr. LAHOOD, Mr.
GREEN of Texas, Mr. MASCARA, Mr. HALL of Texas, Mr. KILDEE, Mr.
SUNUNU, Mr. BALDACCI, Mr. ROMERO-BARCELO´, Mr. MURTHA, Mr.
STUPAK, Mr. TIERNEY, Mr. FRELINGHUYSEN, Mrs. MORELLA, Mr. GON-
ZALEZ, Mr. WAXMAN, Mr. SAWYER, Mr. CLEMENT, Mr. KOLBE, Mr.
BUYER, Mr. COMBEST, Mr. DIAZ-BALART, Mr. LOBIONDO, Mr. WAMP,
Mr. HAYWORTH, Mr. POMEROY, Mr. HINCHEY, Mr. COSTELLO, Mr.
ISAKSON, Mr. KLECZKA, Mr. SNYDER, Mr. GUTIERREZ, Mr. HILL of In-
diana, Mr. UPTON, Mr. DEMINT, Mr. METCALF, Mr. ROTHMAN, Mr.
MANZULLO, Mr. NEY, Mr. PETRI, Mrs. EMERSON, Mr. LARSON, Ms.
DELAURO, Mr. WOLF, Mr. SWEENEY, Mr. SHIMKUS, Mr. LATOURETTE,
Mrs. FOWLER, and Mr. STRICKLAND
JULY 24, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 17, 2000]
A BILL
To amend title 38, United States Code, to reaffirm and
clarify the duty of the Secretary of Veterans Affairs
to assist claimants for benefits under laws administered
by the Secretary, 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 Assist-
ance Act of 2000’’.
SEC. 2. CLARIFICATION OF DEFINITION OF ‘‘CLAIMANT’’
FOR PURPOSES OF VETERANS LAWS.
(a) IN GENERAL.—Chapter 51 of title 38, United
States Code, is amended by inserting before section 5101
the following new section:
‘‘§ 5100. Definition of ‘claimant’
‘‘For purposes of this chapter, the term ‘claimant’
means any individual applying for, or submitting a claim
for, any benefit under the laws administered by the Sec-
retary.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting before
the item relating to section 5101 the following new item:
‘‘5100. Definition of ‘claimant’.’’.
SEC. 3. ASSISTANCE TO CLAIMANTS.
(a) REAFFIRMATION AND CLARIFICATION OF DUTY TO
ASSIST.—Chapter 51 of title 38, United States Code, is
amended by striking sections 5102 and 5103 and inserting
the following:
‘‘§ 5102. Applications: forms furnished upon request;
notice to claimants of incomplete applica-
tions
‘‘(a) FURNISHING FORMS.—Upon request made in
person or in writing by any person claiming or applying
for a benefit under the laws administered by the Secretary,
the Secretary shall furnish such person, free of all expense,
all such printed instructions and forms as may be necessary
in establishing such claim.
‘‘(b) INCOMPLETE APPLICATIONS.—If a claimant’s ap-
plication for a benefit under the laws administered by the
Secretary is incomplete, the Secretary shall notify the
claimant and the claimant’s representative, if any, of the
information necessary to complete the application. The Sec-
retary shall notify each claimant of any additional infor-
mation and medical and lay evidence necessary to substan-
tiate the claim. As part of such notice, the Secretary shall
indicate which portion of such evidence, if any, is to be
provided by the claimant and which portion of such evi-
dence, if any, the Secretary will attempt to obtain on behalf
of the claimant.
‘‘(c) TIME LIMITATION.—In the case of evidence that
the claimant is notified is to be provided by the claimant,
if such evidence is not received by the Secretary within one
year from the date of such notification, no benefits may be
paid or furnished by reason of such application.
‘‘(d) INAPPLICABILITY TO CERTAIN BENEFITS.—This
section shall not apply to any application or claim for Gov-
ernment life insurance benefits.
‘‘§ 5103. Applications: Duty to assist claimants
‘‘(a) DUTY TO ASSIST.—The Secretary shall make rea-
sonable efforts to assist in obtaining evidence necessary to
establish a claimant’s eligibility for a benefit under a law
administered by the Secretary. However, the Secretary may
decide a claim without providing assistance under this sub-
section when no reasonable possibility exists that such as-
sistance will aid in the establishment of eligibility for the
benefit sought.
‘‘(b) ASSISTANCE IN OBTAINING RECORDS.—(1) As
part of the assistance provided under subsection (a), the
Secretary shall make reasonable efforts to obtain relevant
records that the claimant adequately identifies to the Sec-
retary and authorizes the Secretary to obtain.
‘‘(2) Whenever the Secretary, after making such rea-
sonable efforts, is unable to obtain all of the records sought,
the Secretary shall inform the claimant that the Secretary
is unable to obtain such records. Such a notice shall—
‘‘(A) specifically identify the records the Sec-
retary is unable to obtain;
‘‘(B) briefly explain the efforts that the Secretary
made to obtain those records;
‘‘(C) describe any further actions to be taken by
the Secretary with respect to the claim; and
‘‘(D) request the claimant, if the claimant in-
tends to attempt to obtain such records independently,
to so notify the Secretary within a time period to be
specified in the notice.
‘‘(c) 
OBTAINING
RECORDS
FOR
COMPENSATION
CLAIMS.—In the case of a claim by a veteran for disability
compensation, the assistance provided by the Secretary
under subsection (a) shall include obtaining the following
records if relevant to the veteran’s claim:
‘‘(1) The claimant’s existing service medical
records and, if the claimant has furnished informa-
tion sufficient to locate such records, other relevant
service records.
‘‘(2) Existing records of relevant medical treat-
ment or examination of the veteran at Department
health-care facilities or at the expense of the Depart-
ment, if the claimant has furnished information suffi-
cient to locate such records.
‘‘(3) Information as described in section 5106 of
this title.
‘‘(d) MEDICAL EXAMINATIONS
FOR COMPENSATION
CLAIMS.—In the case of a claim by a veteran for disability
compensation, the assistance provided by the Secretary
under subsection (a) shall include providing a medical ex-
amination, or obtaining a medical opinion, when the evi-
dence of record before the Secretary—
‘‘(1) establishes that—
‘‘(A) the claimant has—
‘‘(i) a current disability;
‘‘(ii) current symptoms of a disease
that may not be characterized by symptoms
for extended periods of time; or
‘‘(iii) persistent or recurrent symptoms
of disability following discharge or release
from active military, naval, or air service;
and
‘‘(B) there was an event, injury, or disease
(or combination of events, injuries, or diseases)
during the claimant’s active military, naval, or
air service capable of causing or aggravating the
claimant’s current disability or symptoms, but
‘‘(2) is insufficient to establish service-connection
of the current disability or symptoms.
‘‘(e) REGULATIONS.—The Secretary shall prescribe
regulations to carry out this section. Such regulations shall
include provisions for—
‘‘(1) specifying the evidence necessary under sub-
section (a) to establish a claimant’s eligibility for a
benefit under a law administered by the Secretary;
and
‘‘(2) determining under subsections (b) and (c)
what records are relevant to a claim.
‘‘(f) 
RULE
WITH
RESPECT
TO
DISALLOWED
CLAIMS.—Nothing in this section shall be construed to re-
quire the Secretary to reopen a claim that has been dis-
allowed except when new and material evidence is presented
or secured, as described in section 5108 of this title.
‘‘(g) OTHER ASSISTANCE NOT PRECLUDED.—Nothing
in this section shall be construed as precluding the Sec-
retary from providing such other assistance to a claimant
as the Secretary considers appropriate.’’.
(b) REENACTMENT OF RULE FOR CLAIMANT’S LACK-
ING A MAILING ADDRESS.—Chapter 51 of such title is
amended by adding at the end the following new section:
‘‘§ 5126. Benefits not to be denied based on lack of
mailing address
‘‘Benefits under laws administered by the Secretary
may not be denied a claimant on the basis that the claimant
does not have a mailing address.’’.
(c) CLERICAL AMENDMENTS.—The table of sections at
the beginning of chapter 51 of such title is amended—
(1) by striking the items relating to sections
5102 and 5103 and inserting the following:
‘‘5102. Applications: forms furnished upon request; notice to claimants of incom-
plete applications.
‘‘5103. Applications: duty to assist claimants.’’;
and
(2) by adding at the end the following new item:
‘‘5126. Benefits not to be denied based on lack of mailing address.’’.
SEC. 4. BURDEN OF PROOF.
(a) REPEAL OF ‘‘WELL-GROUNDED CLAIM’’ RULE.—
Section 5107 of title 38, United States Code, is amended
to read as follows:
‘‘§ 5107. Burden of proof; benefit of the doubt
‘‘(a) BURDEN OF PROOF.—Except when otherwise pro-
vided by this title or by the Secretary in accordance with
the provisions of this title, a claimant shall have the burden
of proving entitlement to benefits.
‘‘(b) BENEFIT OF THE DOUBT.—The Secretary shall
consider all evidence and material of record in a case before
the Department with respect to benefits under laws admin-
istered by the Secretary and shall give the claimant the ben-
efit of the doubt when there is an approximate balance of
positive and negative evidence regarding any issue material
to the determination of the matter.’’.
SEC. 5. PROHIBITION OF CHARGES FOR RECORDS FUR-
NISHED BY OTHER FEDERAL DEPARTMENTS
AND AGENCIES.
Section 5106 of title 38, United States Code, is amend-
ed by adding at the end the following new sentence: ‘‘No
charge may be imposed by the head of any such department
or agency for providing such information.’’.
SEC. 6. EFFECTIVE DATE.
(a) IN GENERAL.—Except as specifically provided oth-
erwise, the provisions of section 5107 of title 38, United
States Code, as amended by section 4 of this Act, apply
to any claim—
(1) filed on or after the date of the enactment of
this Act; or
(2) filed before the date of the enactment of this
Act and not final as of the date of the enactment of
this Act.
(b) RULE FOR CLAIMS THE DENIAL OF WHICH BE-
CAME FINAL AFTER THE COURT OF APPEALS FOR VET-
ERANS CLAIMS DECISION IN THE MORTON CASE.—(1) In
the case of any claim for benefits—
(A) the denial of which became final during the
period beginning on July 14, 1999, and ending on the
date of the enactment of this Act; and
(B) which was denied or dismissed by the Sec-
retary of Veterans Affairs or a court because the claim
was not well grounded (as that term was used in sec-
tion 5107(a) of title 38, United States Code, as in ef-
fect during that period),
the Secretary of Veterans Affairs shall, upon the request of
the claimant, or on the Secretary’s own motion, order the
claim readjudicated under chapter 51 of such title, as
amended by this Act, as if such denial or dismissal had
not been made.
(2) A claim may not be readjudicated under this sub-
section unless the request is filed or the motion made not
later than two years after the date of the enactment of this
Act.
(3) In the absence of a timely request of a claimant,
nothing in this Act shall be construed as establishing a duty
on the part of the Secretary of Veterans Affairs to locate
and readjudicate claims described in this subsection.
Union Calendar No. 448
106TH CONGRESS
2D SESSION
H. R. 4864
[Report No. 106–781]
A BILL
To amend title 38, United States Code, to reaffirm
and clarify the duty of the Secretary of Veterans
Affairs to assist claimants for benefits under
laws administered by the Secretary, and for other
purposes.
JULY 24, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union
and ordered to be printed