[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4864 Engrossed in House (EH)]
2d Session
H. R. 4864
_______________________________________________________________________
AN ACT
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.
106th CONGRESS
2d Session
H. R. 4864
_______________________________________________________________________
AN ACT
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Claims Assistance 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:
``Sec. 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 Secretary.''.
(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:
``Sec. 5102. Applications: forms furnished upon request; notice to
claimants of incomplete applications
``(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 application 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
Secretary shall notify each claimant of any additional information and
medical and lay evidence necessary to substantiate 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 evidence, 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 Government life insurance
benefits.
``Sec. 5103. Applications: Duty to assist claimants
``(a) Duty To Assist.--The Secretary shall make reasonable 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 subsection when no reasonable possibility exists that such
assistance 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 Secretary and authorizes the Secretary to
obtain.
``(2) Whenever the Secretary, after making such reasonable 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 Secretary 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 intends 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 information sufficient to locate
such records, other relevant service records.
``(2) Existing records of relevant medical treatment or
examination of the veteran at Department health-care facilities
or at the expense of the Department, if the claimant has
furnished information sufficient 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 examination, or obtaining a medical opinion, when the
evidence 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 subsection
(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 require the Secretary to reopen a claim
that has been disallowed 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 Secretary from providing such
other assistance to a claimant as the Secretary considers
appropriate.''.
(b) Reenactment of Rule for Claimant's Lacking a Mailing Address.--
Chapter 51 of such title is amended by adding at the end the following
new section:
``Sec. 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 incomplete 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:
``Sec. 5107. Burden of proof; benefit of the doubt
``(a) Burden of Proof.--Except when otherwise provided 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 administered by the Secretary and shall
give the claimant the benefit 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 FURNISHED BY OTHER FEDERAL
DEPARTMENTS AND AGENCIES.
Section 5106 of title 38, United States Code, is amended 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 otherwise, 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 Became Final After the
Court of Appeals for Veterans 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 Secretary of
Veterans Affairs or a court because the claim was not well
grounded (as that term was used in section 5107(a) of title 38,
United States Code, as in effect 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 subsection 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.
Passed the House of Representatives July 25, 2000.
Attest:
Clerk.