[Congressional Record Volume 143, Number 158 (Monday, November 10, 1997)]
[Senate]
[Pages S12487-S12488]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  ALLOWING REVISION OF VETERANS BENEFITS DECISIONS BASED ON CLEAR AND 
                           UNMISTAKABLE ERROR

  Mr. LOTT. I ask unanimous consent that the Veterans Committee be 
discharged from further consideration of H.R. 1090, and, further, the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 1090) to amend title 38, United States Code, 
     to allow the revision of Veterans benefits decisions based on 
     clear and unmistakable error.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.
  Mrs. MURRAY. Mr. President, I rise to encourage the Senate to adopt 
H.R. 1090. This legislation is identical to my bill, S. 464, to address 
the issue of clear and unmistakable error. S. 464 was unanimously 
reported by the Veterans' Affairs Committee on which I proudly serve. I 
want to extend my thanks to both the chairman and ranking member of our 
committee for moving this important legislation in a timely and 
bipartisan manner .
  Importantly, this legislation has been adopted by the House in three 
consecutive Congresses. Congressman Lane Evans has long championed this 
legislation; I commend him for his persistent and determined 
leadership. This legislation has also long been a priority issue to the 
Disabled American Vetetans. It has been a pleasure for me to work with 
the DAV here in Washington, DC and with local DAV representatives in 
Washington State.
  Clear and unmistakable errors are errors that have deprived and 
continue to deprive veterans of benefits for which their entitlement is 
undeniable. The status quo denies benefits to a small number of 
veterans who are legally entitled to the benefits in question. To deny 
a veteran a legally entitled benefit due to a bureaucratic error or 
other mistake is beyond comprehension in my mind.
  In recent months, I've handled several cases with the Department of 
Veterans Affairs that directly involved clear and unmistakable error. 
In one case, a veteran with a serious shoulder injury dating back to 
the Vietnam war was rated incorrectly for more than 20 years. In 
another case, a veteran with PTSD also dating to service in Vietnam was 
misdiagnosed for a lengthy period affecting his disability rating and 
benefits and the treatment he received. My legislation seeks to correct

[[Page S12488]]

this. I believe that we must make available every opportunity to right 
a wrong on behalf of a veteran.
  To the VA's credit, some cases of clear and unmistakable error are 
reversible but it depends on where the veteran is in the VA process. S. 
464 and H.R. 1090 will codify the VA's current regulatory authority to 
review ratings decision based on claim of clear and unmistakable error.
  Unfortunately, some cases of clear and unmistakable error no longer 
offer recourse to the veteran. S. 464 and H.R. 1090 will allow a 
veteran to request that the Board of Veterans' Appeals review its prior 
decision based on a claim of clear and unmistakable error. A veteran 
would also have the opportunity to challenge the Board of Veterans' 
Appeals decision at the Court of Veterans' Appeals.
  The Congressional Budget Office has determined that this legislation 
is budget neutral. This legislation will not require additional 
resources for the VA or take needed resources from other VA programs or 
benefits.
  So often we in Congress talk about providing for veterans or about 
meeting our obligations to veterans. That is what this bill is all 
about; it gives a veteran the right to request a review rather than 
subjecting an ailing vet to a sometimes faceless bureaucracy hesitant 
to correct its mistakes. In passing this legislation, the Senate will 
stand with veterans that have been deprived of benefits for which their 
entitlement is undeniable.
  Many veterans have waited decades for this day. The Senate should end 
this wait now with a strong vote. A strong vote will also send a 
message to President Clinton. In closing, I call upon President Clinton 
to bring this legislative effort to a successful conclusion; to join us 
all to ensure that the system errs on behalf of a deserving veteran 
rather than the Federal Government.
  Mr. LOTT. I ask unanimous consent the bill be considered read a third 
time and passed, the motion to reconsider be laid upon the table, and 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 1090) was considered read the third time and passed.

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