[Congressional Record Volume 145, Number 148 (Wednesday, October 27, 1999)]
[Senate]
[Pages S13272-S13273]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY (for herself, Mr. Jeffords, Mr. Conrad, Mr. 
        Kerrey, Mr. Dorgan, Mr. Bingaman, and Mr. Sarbanes):
  S. 1810. A bill to amend title 38, United States Code, to clarify and 
improve veterans' claims and appellate procedures; to the Committee on 
Veterans' Affairs.


                  DUTY TO ASSIST VETERANS LEGISLATION

 Mrs. MURRAY. Mr. President, I am introducing a bill today to 
make sure we treat America's veterans with the compassion they deserve. 
They have sacrificed so much of their personal lives for our country. 
And with this bill, I want to show them we appreciate their service, 
and we will be there when they need help.
  When veterans need medical care, they file a claim for benefits with 
the Veterans Administration. It requires researching information over 
many years and from many different government organizations.
  Traditionally, the Veterans Administration has helped veterans 
research and file their claims. That's the way it should be.
  But a series of recent court decisions have changed that--and made it 
harder for veterans to file their claims. I want to set the record 
straight. The VA has a duty to assist veterans in filing their claims.
  So today, I am introducing legislation to amend Title 38 of the 
United States Code to clarify and improve veterans claims and 
procedures.
  My legislation clarifies that the Department of Veterans Affairs has 
a duty to assist veterans in preparing all of the facts pertinent to a 
claim for benefits. The VA has historically aided veterans in gathering 
information from the federal bureaucracy so they can file a claim.
  Let's not forget--the claims process was set up to aid our veterans. 
It's important to all veterans, especially those with severe mental and 
physical disabilities.
  Homeless veterans need help. Elderly veterans need help. And family 
members--who sacrifice to care for veterans--need help from the federal 
government.
  Anyone who has ever dealt with a veterans claim for benefits knows 
this is a very difficult process. It can be frustrating for veterans 
who--even in the best of circumstances--may be forced to wait several 
years for a claim to be approved and granted. Veterans already pay a 
heavy cost for delayed benefits. They often face financial, family, and 
health problems, as they try to resolve their claims.
  Yet, as we speak, the claims process at the VA is becoming even more 
difficult for America's veterans and their families.
  Through a series of court decisions, the VA's historic duty to assist 
veterans has been set aside. The courts responsible for veterans claims 
have determined that it is now the individual veteran's responsibility 
to file a well-rounded claim before they can get assistance from the 
VA. The effect has been to place the burden on the individual veteran 
to gather information--service records, medical records, and other 
documentation--from the federal government in order to file a claim.
  Mr. President, the courts have decided our veterans in need of 
assistance must go it alone. Homeless veterans suffering from Post 
Traumatic Stress Disorder must now prepare their claims without 
assistance from the government they sacrificed for. Veterans who are 
sick, mentally or physically disabled, indigent, or poorly educated now 
face new barriers to assistance they may be legally entitled to 
receive. Veterans without the financial resources, time or familiarity 
with the claims process system must navigate through the bureaucracy 
without federal assistance. That's not the way we should treat 
America's veterans.

[[Page S13273]]

  Clearly, the courts have misinterpreted Congressional intent. The 
Veterans Judicial Review Act was signed into law during the 100th 
Congress with the following language,

       It is the obligation of the Veterans Administration to 
     assist a claimant in developing facts pertinent to his claim 
     and to render a decision which grants him every benefit that 
     can be supported in law while protecting the interests of the 
     Government.

  Somehow the courts interpreted that language differently. My 
objective in introducing legislation today is not to quarrel with the 
courts. I simply want to reassert congressional intent and re-establish 
the VA's duty to assist veterans. My legislation simply confirms the 
Congress believes it is important and appropriate for the federal 
government to assist veterans in preparing claims for benefits.
  Mr. President, this legislation is widely supported among those who 
work on veterans benefits claims every day. Numerous veterans advocacy 
groups, including the Disabled American Veterans, strongly support my 
legislation. This bill has original cosponsors from both sides of the 
aisle. It is a bipartisan response to a real problem confronting 
America's veterans.
  Let's do the right thing for America's veterans and particularly for 
those veterans who need the government's assistance the most.
  I urge prompt Senate consideration and passage of this 
legislation.
                                 ______