II 110th CONGRESS 2d Session S. 3023 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.

1.

Short title

This Act may be cited as the Veterans' Notice Clarification Act of 2008.

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. .