118 S3452 IS: Fred Hamilton Veterans' Lost Records Act U.S. Senate 2023-12-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 3452IN THE SENATE OF THE UNITED STATESDecember 7, 2023Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo authorize the Secretary of Veterans Affairs to determine the eligibility or entitlement of a member or former member of the Armed Forces described in subsection (a) to a benefit under a law administered by the Secretary solely based on alternative sources of evidence when the military service records or medical treatment records of the member or former member are incomplete because of damage or loss of records after being in the possession of the Federal Government, and for other purposes.

1.

Short title

This Act may be cited as the Fred Hamilton Veterans' Lost Records Act.

2.

Authority To determine eligibility and entitlement to veterans benefits using alternative sources of evidence when service records are incomplete because of damage or loss after being in possession of Federal Government

(a)

Authority To determine eligibility and entitlement to benefits using alternative sources of evidence

The Secretary of Veterans Affairs may determine the eligibility or entitlement of a member or former member of the Armed Forces to a benefit under a law administered by the Secretary solely based on alternative sources of evidence in a case in which the military service records or medical treatment records of the member or former member are incomplete because of damage or loss of records after being in the possession of the Federal Government.(b)

Regulations

Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Archivist of the United States, shall promulgate regulations regarding the use by the Secretary of Veterans Affairs of alternative sources of evidence under subsection (a).(c)

Effective dates of awards

In the case of a claim of a member or former member of the Armed Forces with military service records or medical treatment records described in subsection (a), paragraph (2) of section 5110(a) of title 38, United States Code, shall apply except for any limitation based on the date of a request, supplemental claim, or notice described in such paragraph.(d)

Alternative source of evidence defined

In this section, the term alternative sources of evidence means—(1)in the case of a former member of the Armed Forces, a medical disability examination occurring soonest after the former member's date of discharge or release from service in the active military, naval, air, or space service;(2)in the case of a claim regarding a disability incurred or aggravated during service in the active military, naval, air, or space service, the assertion of former member of the Armed Forces regarding the circumstances surrounding its incurrence or aggravation;(3)a credible buddy statement; or(4)such other sources of evidence or processes as the Secretary of Veterans Affairs deems appropriate for purposes of determining eligibility or entitlement under subsection (a).