Fred Hamilton Veterans’ Lost Records Act

Bill: 118-hr-8048
Sponsor: full_name: Rep. McGarvey, Morgan [D-KY-3]
Introduced: 2024-04-17
Policy area: Armed Forces and National Security
Latest action: action_date: 2024-05-03
text: Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Summaries:

tv_txt: I 118th CONGRESS 2d Session H. R. 8048 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 Committee on Veterans' Affairs A BILL 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.

1. Short title This Act may be cited as the Fred Hamilton Veterans’ Lost Records Act . 2. Authority To determine eligibility and entitlement to veterans benefits using alternative sources of evidence when service records are incomplete because 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 Affairs may determine the eligibility or entitlement of a member or former member of the Armed Forces to a benefit 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 Veterans Affairs, in consultation with the Secretary of Defense and the Archivist of the United States, shall promulgate regulations regarding the use by the Secretary of Veterans Affairs of alternative sources of evidence under subsection (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 section 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 defined 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 occurring soonest after the former member's date of discharge or release from service in the active military, 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 aggravation; (3) a credible buddy statement; or (4) such other sources of evidence or processes as the Secretary of Veterans Affairs deems appropriate for purposes of determining eligibility or entitlement under subsection (a).