Ensuring Survivor Benefits during COVID-19 Act of 2021
Bill: S.89 | Sponsor: Sen. Sinema, Kyrsten (D-AZ)
Policy area: Armed Forces and National Security

Summary:
Ensuring Survivor Benefits during COVID-19 Act of 2021
This bill requires the Department of Veterans Affairs (VA) to obtain a medical opinion that determines whether a service-connected disability was the principal or contributory cause of death for a veteran who died from COVID-19.
Specifically, the VA must obtain this determination before notifying a claimant for survivor benefits of the final decision regarding such benefits in any case where
The VA must provide information to veterans, their dependents, and veterans service organizations about applying for dependency and indemnity compensation when a veteran dies from COVID-19. Such information must be available through the VA's website and via other outreach mechanisms.

To require the Secretary of Veterans Affairs to secure medical opinions 
for veterans with service-connected disabilities who die from COVID-19 
  to determine whether their service-connected disabilities were the 
   principal or contributory causes of death, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Survivor Benefits during 
COVID-19 Act of 2021''.

SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED 
              DISABILITIES WHO DIE OF COVID-19.

    (a) In General.--The Secretary of Veterans Affairs shall secure a 
medical opinion to determine if a service-connected disability was the 
principal or contributory cause of death before notifying the survivor 
of the final decision in any case in which all of the following factors 
are met:
            (1) A claim for compensation is filed under chapter 13 of 
        title 38, Unites States Code, with respect to a veteran with 
        one or more service-connected disabilities who dies.
            (2) The death certificate for the veteran identifies 
        Coronavirus Disease 2019 (COVID-19) as the principal or 
        contributory cause of death.
            (3) The death certificate does not clearly identify any of 
        the service-connected disabilities of the veteran as the 
        principal or contributory cause of death.
            (4) A service-connected disability of the veteran includes 
        a condition more likely to cause severe illness from COVID-19 
        as determined by the Centers for Disease Control and 
        Prevention.
            (5) The claimant is not entitled to benefits under section 
        1318 of such title.
            (6) The evidence to support the claim does not result in a 
        preliminary finding in favor of the claimant.
    (b) Outreach.--The Secretary shall provide information to veterans, 
dependents, and veterans service organizations about applying to 
dependency and indemnity compensation when a veteran dies from COVID-
19. The Secretary shall provide such information through the website of 
the Department of Veterans Affairs and via other outreach mechanisms.

            Passed the Senate July 21, 2021.

            Attest:

                                                             Secretary.
117th CONGRESS

  1st Session

                                 S. 89

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