[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1490 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1490

   To provide for a presumption of service-connectedness for certain 
  claims for benefits under the laws administered by the Secretary of 
               Veterans Affairs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2007

Mr. Donnelly (for himself and Mr. Upton) (both by request): introduced 
 the following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To provide for a presumption of service-connectedness for certain 
  claims for benefits under the laws administered by the Secretary of 
               Veterans Affairs, 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. PRESUMPTION OF SERVICE-CONNECTEDNESS FOR SUBMITTED CLAIMS.

    (a) In General.--Section 5107 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(c) Presumption of Service-Connectedness.--(1) A claimant 
presenting a claim for benefits with respect to a service-connected 
disability or death shall be presumed to have presented a valid claim 
of service-connectedness, subject to the requirements of paragraph (2), 
unless the Secretary determines there is positive evidence to the 
contrary.
    ``(2) A claimant presenting a claim described under paragraph (1) 
shall be required to support such claim with proof of service in a 
conflict referred to in such claim, and a brief description of the 
nature, including the connection to such service, of the disability or 
claim.
    ``(3) The Secretary shall audit a percentage, to be determined by 
the Secretary, of the presented claims described in paragraph (1), to 
uncover and deter fraudulent claims.
    ``(4) The Secretary shall award benefits for claims described in 
paragraph (1) and meeting the requirements under paragraph (2), 
immediately upon processing of such claim, at a median level, as 
determined by the Secretary, for the type of disability described in 
the claim, until such time as the appropriate level of benefits is 
determined.''.
    (b) Applicability.--Subsection (c) of section 5107 of title 38, 
United States Code, as added by subsection (a) of this section, shall 
apply to claims presented on or after the date of the enactment of this 
Act and claims that are still pending or have not been fully 
adjudicated as of the date of the enactment of this Act, but shall not 
apply to claims which have been denied and fully adjudicated before the 
date of the enactment of this Act.

SEC. 2. REDEPLOYMENT OF DEPARTMENT OF VETERANS AFFAIRS CLAIMS WORKERS 
              TO ASSIST VETERANS WITH CLAIMS.

    The Secretary of Veterans Affairs shall redeploy a certain number 
of employees involved with processing claims that the Secretary 
determines are no longer needed to evaluate claims for benefits 
relating to service-connected disability and death, due to the 
presumption of service-connectedness for such claims under section 
5107(c) of title 38, United States Code, as added by section 1, for the 
purpose of assisting veterans applying for such benefits. The Secretary 
shall redeploy such employees to centers for the provision of 
readjustment counseling and related mental health services established 
under section 1712A of such title (commonly referred to as ``vet 
centers''), or to any other locations the Secretary determines are 
appropriate for such purpose.
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