[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 245 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 245

   To amend title 38, United States Code, to codify certain existing 
provisions of law relating to effective dates for claims under the laws 
   administered by the Secretary of Veterans Affairs, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2015

 Mr. Abraham introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to codify certain existing 
provisions of law relating to effective dates for claims 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. CODIFICATION OF EFFECTIVE DATES FOR CLAIMS UNDER THE LAWS 
              ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.

    (a) Definitions.--
            (1) In general.--Section 5100 of title 38, United States 
        Code, is amended to read as follows:
``Sec. 5100. Definitions
    ``In this chapter:
            ``(1) The term `claimant' means any individual applying 
        for, or submitting a claim for, any benefit under the laws 
        administered by the Secretary.
            ``(2) The term `claim' means a communication in writing 
        requesting a determination of entitlement or evidencing a 
        belief in entitlement to a benefit under the laws administered 
        by the Secretary.
            ``(3) The term `formal claim' means a claim submitted on an 
        application form prescribed by the Secretary.
            ``(4) The term `informal claim' means a communication in 
        writing requesting a determination of entitlement or evidencing 
        a belief in entitlement, to a benefit under the laws 
        administered by the Secretary that--
                    ``(A) is submitted in a format other than on an 
                application form prescribed by the Secretary;
                    ``(B) indicates an intent to apply for one or more 
                benefits under the laws administered by the Secretary;
                    ``(C) identifies the benefit sought;
                    ``(D) is made or submitted by a claimant, his or 
                her duly authorized representative, a Member of 
                Congress, or another person acting on behalf of a 
                claimant who meets the requirements established by the 
                Secretary for such purpose; and
                    ``(E) may include a report of examination or 
                hospitalization, if the report relates to a disability 
                which may establish such an entitlement.
            ``(5) The term `reasonably raised claim' means evidence of 
        an entitlement to a benefit under the laws administered by the 
        Secretary that is not explicitly raised in a claim but that is 
        logically placed at issue upon a sympathetic reading of the 
        claim and the record developed with respect to the claim.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 51 of such title is amended by striking 
        the item relating to section 5100 and inserting the following 
        new item:

``5100. Definitions.''.
    (b) Informal Claims.--Section 5101(a) of such title is amended by 
adding at the end the following new paragraph:
    ``(3)(A) Upon receipt of an informal claim, if a formal claim has 
not been filed, the Secretary shall provide the claimant with an 
application form on which the claimant may submit a formal claim. In 
addition to all relevant communications relating to any claim, the 
Secretary shall maintain in the claim file a dated copy of the letter 
accompanying the application form sent to the claimant under this 
subparagraph.
    ``(B) An informal request for increase or reopening of a claim 
shall be accepted and treated in the same manner as a formal claim.''.
    (c) Effective Dates.--Section 5110(a) of such title is amended--
            (1) by striking ``Unless'' and inserting ``(1) Unless''; 
        and
            (2) by adding at the end the following new paragraph:
    ``(2) In determining the date of the receipt of an application for 
any benefit purposes of this section, the Secretary shall consider an 
application to be filed on the date on which an informal communication 
relating to such benefit is submitted, as long as the person claiming 
or applying for the benefit files an application by not later than 180 
days after the date on which the Secretary furnishes the person the 
necessary application forms under section 5102 of this title. If the 
person claiming or applying for the benefit fails to file an 
application by the date that is 180 days after the date on which the 
Secretary furnishes the person such necessary application forms, the 
Secretary shall consider the application to be filed on the date on 
which the completed application form is submitted.''.
    (d) Reasonably Raised Claims.--
            (1) In general.--Chapter 51 of such title is amended by 
        inserting after section 5103A the following new section:
``Sec. 5103B. Treatment of reasonably raised claims
    ``The Secretary shall identify, address, and adjudicate reasonably 
raised claims that are placed at issue in the course of addressing or 
adjudicating any claim, including evidence relating to entirely 
separate conditions never identified as part of a formal claim.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 5103A the following new item:

``5103B. Treatment of reasonably raised claims.''.
    (e) Effective Date.--The amendments made by this Act shall take 
effect on the date of the enactment of this Act and shall apply with 
respect to a claim submitted on or after such date.
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