[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1810 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1810

To amend title 38, United States Code, to clarify and improve veterans' 
                    claims and appellate procedures.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 27, 1999

  Mrs. Murray (for herself, Mr. Jeffords, Mr. Conrad, Mr. Kerrey, Mr. 
Dorgan, Mr. Bingaman, and Mr. Sarbanes) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to clarify and improve veterans' 
                    claims and appellate procedures.

    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 and Appeals 
Procedures Clarification and Improvement Act''.

SEC. 2. CLARIFICATION OF DEPARTMENT OF VETERANS AFFAIRS DUTY TO ASSIST 
              CLAIMANTS.

    (a) In General.--Section 5107 of title 38, United States Code, is 
amended--
            (1) in subsection (a), by striking the second and third 
        sentences; and
            (2) by adding at the end the following new subsection:
    ``(c) The Secretary shall assist a claimant, who under subsection 
(a) has the burden of proof, in developing all facts pertinent to the 
claim. Such assistance shall include requesting information as 
described in section 5106 of this title.''.
    (b) Clerical and Conforming Amendments.--(1) The section heading of 
such section is amended by inserting ``; assistance to claimants'' 
after ``benefit of the doubt''.
    (2) The table of sections at the beginning of chapter 51 of such 
title is amended in the item relating to section 5107 by inserting ``; 
assistance to claimants'' after ``benefit of the doubt''.

SEC. 3. EXCLUSIVE NATURE OF ADJUDICATION AND HEARING PROCEDURES.

    (a) In General.--Chapter 1 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 116. Exclusivity of adjudication and hearing procedures
    ``Notwithstanding chapter 72 of this title, section 554(a) of title 
5, or any other provision of law, the adjudication and hearing 
procedures set forth in this title and in the regulations prescribed by 
the Secretary under this title for purposes of administering veterans 
benefits shall be exclusive with respect to hearings, investigations, 
and other proceedings in connection with the consideration of a claim 
for benefits under the laws administered by the Secretary.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 1 of such title is amended by adding at the end the following 
new item:

``116. Exclusivity of adjudication and hearing procedures.''.

SEC. 4. PRECLUSION OF CERTAIN APPEALS BY SECRETARY OF VETERANS AFFAIRS.

    Section 7252(a) of title 38, United States Code, is amended by 
inserting ``, nor may the Court entertain any allegation of error by 
the Secretary in such decision not raised by the appellant or the 
Court'' after ``such decision''.

SEC. 5. REVIEW OF FINDINGS OF FACT BY UNITED STATES COURT OF APPEALS 
              FOR VETERANS CLAIMS.

    Section 7261(a)(4) of title 38, United States Code, is amended by 
striking ``such finding if the finding is clearly erroneous'' and 
inserting ``a finding adverse to a veteran or other claimant for 
benefits if the finding is not reasonably supported by a preponderance 
of the evidence''.
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