[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3023 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3023

  To amend title 38, United States Code, to require the Secretary of 
Veterans Affairs to prescribe regulations relating to the notice to be 
 provided claimants with the Department of Veterans Affairs regarding 
                     the substantiation of claims.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2008

   Mr. Akaka 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 require the Secretary of 
Veterans Affairs to prescribe regulations relating to the notice to be 
 provided claimants with the Department of Veterans Affairs regarding 
                     the substantiation of claims.

    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' Notice Clarification Act 
of 2008''.

SEC. 2. REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED CLAIMANTS WITH 
              THE DEPARTMENT OF VETERANS AFFAIRS REGARDING THE 
              SUBSTANTIATION OF CLAIMS.

    Section 5103(a) of title 38, United States Code, is amended--
            (1) by inserting ``(1)'' before ``Upon receipt''; and
            (2) by adding at the end the following new paragraph:
    ``(2)(A) The Secretary shall prescribe in regulations requirements 
relating to the contents of notice to be provided under this 
subsection.
    ``(B) The regulations required by this paragraph--
            ``(i) shall specify different contents for notice depending 
        on whether the claim concerned is an original claim, a claim 
        for reopening a prior decision on a claim, or a claim for 
        increase in benefits;
            ``(ii) may provide additional or alternative contents for 
        notice if appropriate to the benefit or services sought under 
        the claim;
            ``(iii) shall specify for each type of claim for benefits 
        the general information and evidence required to substantiate 
        the basic elements of such type of claim; and
            ``(iv) shall specify the timing of the issuance of 
        notice.''.
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