[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H9912-H9918]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 VETERANS CLAIMS ASSISTANCE ACT OF 2000

  Mr. STUMP. Madam Speaker, I move to suspend the rules and concur in 
the Senate amendment to the bill (H.R. 4864) to amend title 38, United 
States Code, to reaffirm and clarify the duty of the Secretary of 
Veterans Affairs to assist claimants for benefits under laws 
administered by the Secretary, and for other purposes.
  The Clerk read as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Claims Assistance 
     Act of 2000''.

     SEC. 2. CLARIFICATION OF DEFINITION OF ``CLAIMANT'' FOR 
                   PURPOSES OF VETERANS CLAIMS.

       Chapter 51 of title 38, United States Code, is amended by 
     inserting before section 5101 the following new section:

     ``Sec. 5100. Definition of `claimant'

       ``For purposes of this chapter, the term `claimant' means 
     any individual applying for, or submitting a claim for, any 
     benefit under the laws administered by the Secretary.''.

     SEC. 3. ASSISTANCE TO CLAIMANTS.

       (a) Reaffirmation and Clarification of Duty To Assist.--
     Chapter 51 of title 38, United States Code, is further 
     amended by striking sections 5102 and 5103 and inserting the 
     following:

     ``Sec. 5102. Application forms furnished upon request; notice 
       to claimants of incomplete applications

       ``(a) Furnishing Forms.--Upon request made by any person 
     claiming or applying for, or expressing an intent to claim or 
     apply for, a benefit under the laws administered by the 
     Secretary, the Secretary shall furnish such person, free of 
     all expense, all instructions and forms necessary to apply 
     for that benefit.
       ``(b) Incomplete Applications.--If a claimant's application 
     for a benefit under the laws administered by the Secretary is 
     incomplete, the Secretary shall notify the claimant and the 
     claimant's representative, if any, of the information 
     necessary to complete the application.

     ``Sec. 5103. Notice to claimants of required information and 
       evidence

       ``(a) Required Information and Evidence.--Upon receipt of a 
     complete or substantially complete application, the Secretary 
     shall notify the claimant and the claimant's representative, 
     if any, of any information, and any medical or lay evidence, 
     not previously provided to the Secretary that is necessary to 
     substantiate the claim. As part of that notice, the Secretary 
     shall indicate which portion of that information and 
     evidence, if any, is to be provided by the claimant and which 
     portion, if any, the Secretary, in accordance with section 
     5103A of this title and any other applicable provisions of 
     law, will attempt to obtain on behalf of the claimant.
       ``(b) Time Limitation.--(1) In the case of information or 
     evidence that the claimant is notified under subsection (a) 
     is to be provided by the claimant, if such information or 
     evidence is not received by the Secretary within one year 
     from the date of such notification, no benefit may be paid or 
     furnished by reason of the claimant's application.
       ``(2) This subsection shall not apply to any application or 
     claim for Government life insurance benefits.

     ``Sec. 5103A. Duty to assist claimants

       ``(a) Duty To Assist.--(1) The Secretary shall make 
     reasonable efforts to assist a claimant in obtaining evidence 
     necessary to substantiate the claimant's claim for a benefit 
     under a law administered by the Secretary.
       ``(2) The Secretary is not required to provide assistance 
     to a claimant under this section if no reasonable possibility 
     exists that such assistance would aid in substantiating the 
     claim.
       ``(3) The Secretary may defer providing assistance under 
     this section pending the submission by the claimant of 
     essential information missing from the claimant's 
     application.
       ``(b) Assistance in Obtaining Records.--(1) As part of the 
     assistance provided under subsection (a), the Secretary shall 
     make reasonable efforts to obtain relevant records (including 
     private records) that the claimant adequately identifies to 
     the Secretary and authorizes the Secretary to obtain.
       ``(2) Whenever the Secretary, after making such reasonable 
     efforts, is unable to obtain all of the relevant records 
     sought, the Secretary shall notify the claimant that the 
     Secretary is unable to obtain records with respect to the 
     claim. Such a notification shall--
       ``(A) identify the records the Secretary is unable to 
     obtain;
       ``(B) briefly explain the efforts that the Secretary made 
     to obtain those records; and
       ``(C) describe any further action to be taken by the 
     Secretary with respect to the claim.
       ``(3) Whenever the Secretary attempts to obtain records 
     from a Federal department or agency under this subsection or 
     subsection (c), the efforts to obtain those records shall 
     continue until the records are obtained unless it is 
     reasonably certain that such records do not exist or that 
     further efforts to obtain those records would be futile.
       ``(c) Obtaining Records for Compensation Claims.--In the 
     case of a claim for disability compensation, the assistance 
     provided by the Secretary under subsection (b) shall include 
     obtaining the following records if relevant to the claim:
       ``(1) The claimant's service medical records and, if the 
     claimant has furnished the Secretary information sufficient 
     to locate such records, other relevant records pertaining to 
     the claimant's active military, naval, or air service that 
     are held or maintained by a governmental entity.
       ``(2) Records of relevant medical treatment or examination 
     of the claimant at Department health-care facilities or at 
     the expense of the Department, if the claimant furnishes 
     information sufficient to locate those records.
       ``(3) Any other relevant records held by any Federal 
     department or agency that the claimant adequately identifies 
     and authorizes the Secretary to obtain.
       ``(d) Medical Examinations for Compensation Claims.--(1) In 
     the case of a claim for disability compensation, the 
     assistance provided by the Secretary under subsection (a) 
     shall include providing a medical examination or obtaining a 
     medical opinion when such an examination or opinion is 
     necessary to make a decision on the claim.
       ``(2) The Secretary shall treat an examination or opinion 
     as being necessary to make a decision on a claim for purposes 
     of paragraph (1) if the evidence of record before the 
     Secretary, taking into consideration all information and lay 
     or medical evidence (including statements of the claimant)--
       ``(A) contains competent evidence that the claimant has a 
     current disability, or persistent or recurrent symptoms of 
     disability; and
       ``(B) indicates that the disability or symptoms may be 
     associated with the claimant's active military, naval, or air 
     service; but
       ``(C) does not contain sufficient medical evidence for the 
     Secretary to make a decision on the claim.
       ``(e) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section.
       ``(f) Rule With Respect to Disallowed Claims.--Nothing in 
     this section shall be construed to require the Secretary to 
     reopen a claim that has been disallowed except when new and 
     material evidence is presented or secured, as described in 
     section 5108 of this title.

[[Page H9913]]

       ``(g) Other Assistance Not Precluded.--Nothing in this 
     section shall be construed as precluding the Secretary from 
     providing such other assistance under subsection (a) to a 
     claimant in substantiating a claim as the Secretary considers 
     appropriate.''.
       (b) Reenactment of Rule for Claimant's Lacking a Mailing 
     Address.--Chapter 51 of such title is further amended by 
     adding at the end the following new section:

     ``Sec. 5126. Benefits not to be denied based on lack of 
       mailing address

       ``Benefits under laws administered by the Secretary may not 
     be denied a claimant on the basis that the claimant does not 
     have a mailing address.''.

     SEC. 4. DECISION ON CLAIM.

       Section 5107 of title 38, United States Code, is amended to 
     read as follows:

     ``Sec. 5107. Claimant responsibility; benefit of the doubt

       ``(a) Claimant Responsibility.--Except as otherwise 
     provided by law, a claimant has the responsibility to present 
     and support a claim for benefits under laws administered by 
     the Secretary.
       ``(b) Benefit of the Doubt.--The Secretary shall consider 
     all information and lay and medical evidence of record in a 
     case before the Secretary with respect to benefits under laws 
     administered by the Secretary. When there is an approximate 
     balance of positive and negative evidence regarding any issue 
     material to the determination of a matter, the Secretary 
     shall give the benefit of the doubt to the claimant.''.

     SEC. 5. PROHIBITION OF CHARGES FOR RECORDS FURNISHED BY OTHER 
                   FEDERAL DEPARTMENTS AND AGENCIES.

       Section 5106 of title 38, United States Code, is amended by 
     adding at the end the following new sentence: ``The cost of 
     providing information to the Secretary under this section 
     shall be borne by the department or agency providing the 
     information.''.

     SEC. 6. CLERICAL AMENDMENTS.

       The table of sections at the beginning of chapter 51 of 
     title 38, United States Code, is amended--
       (1) by inserting before the item relating to section 5101 
     the following new item:

``5100. Definition of `claimant'.'';

       (2) by striking the items relating to sections 5102 and 
     5103 and inserting the following:

``5102. Application forms furnished upon request; notice to claimants 
              of incomplete applications.
``5103. Notice to claimants of required information and evidence.
``5103A. Duty to assist claimants.'';

       (3) by striking the item relating to section 5107 and 
     inserting the following:

``5107. Claimant responsibility; benefit of the doubt.'';

     and
       (4) by adding at the end the following new item:

``5126. Benefits not to be denied based on lack of mailing address.''.

     SEC. 7. EFFECTIVE DATE.

       (a) In General.--Except as specifically provided otherwise, 
     the provisions of section 5107 of title 38, United States 
     Code, as amended by section 4 of this Act, apply to any 
     claim--
       (1) filed on or after the date of the enactment of this 
     Act; or
       (2) filed before the date of the enactment of this Act and 
     not final as of that date.
       (b) Rule for Claims the Denial of Which Became Final After 
     the Court of Appeals for Veterans Claims Decision in the 
     Morton Case.--(1) In the case of a claim for benefits denied 
     or dismissed as described in paragraph (2), the Secretary of 
     Veterans Affairs shall, upon the request of the claimant or 
     on the Secretary's own motion, order the claim readjudicated 
     under chapter 51 of such title, as amended by this Act, as if 
     the denial or dismissal had not been made.
       (2) A denial or dismissal described in this paragraph is a 
     denial or dismissal of a claim for a benefit under the laws 
     administered by the Secretary of Veterans Affairs that--
       (A) became final during the period beginning on July 14, 
     1999, and ending on the date of the enactment of this Act; 
     and
       (B) was issued by the Secretary of Veterans Affairs or a 
     court because the claim was not well grounded (as that term 
     was used in section 5107(a) of title 38, United States Code, 
     as in effect during that period).
       (3) A claim may not be readjudicated under this subsection 
     unless a request for readjudication is filed by the claimant, 
     or a motion is made by the Secretary, not later than two 
     years after the date of the enactment of this Act.
       (4) In the absence of a timely request of a claimant under 
     paragraph (3), nothing in this Act shall be construed as 
     establishing a duty on the part of the Secretary of Veterans 
     Affairs to locate and readjudicate a claim described in this 
     subsection.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Stump) and the gentleman from Illinois (Mr. Evans) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Stump).


                             General Leave

  Mr. STUMP. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 4864.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. STUMP. Madam Speaker, I yield myself such time as I may consume.
  (Mr. STUMP asked and was given permission to revise and extend his 
remarks.)
  Mr. STUMP. Madam Speaker, H.R. 4864 is the Veterans Claims Assistance 
Act of 2000. The bill addresses the Morton versus West court decision 
and corrects difficulties veterans have experienced with VA's claims 
processing. This bill clarifies VA's duty to assist veterans with their 
claims.
  Over the last few months, the Committee on Veterans' Affairs has 
worked closely with the Veterans Administration, the Senate Committee 
on Veterans' Affairs, and the veterans service organizations on this 
bill.
  Passage of this bill today will restore the balance in the VA claims 
system. Although this legislation will require some claims to be 
redone, it is the right thing to do.
  I urge my colleagues to support H.R. 4864.
  Madam Speaker, I include an explanatory statement on H.R. 4864, as 
amended, as follows:

             Explanatory Statement on H.R. 4864, As Amended

       H.R. 4864, as amended, reflects a compromise agreement that 
     the House and Senate Committees on Veterans Affairs have 
     reached on H.R. 4864 and section 101 of S. 1810. H.R. 4864, 
     the Veterans Claims Assistance Act of 2000, passed the House 
     on July 25, 2000 (hereinafter referred to in context as the 
     ``House Bill''). On September 21, 2000, the Senate passed S. 
     1810, the Veterans Programs Enhancement Act of 2000 
     (hereinafter referred to in context as the ``Senate Bill'').
       The House and Senate Committees on Veterans Affairs have 
     prepared the following explanation of H.R. 4864, as amended 
     (hereinafter referred to as the ``Compromise Agreement''). 
     Differences between the provisions contained in the 
     Compromise Agreement and the related provisions of H.R. 4864 
     and section 101 of S. 1810 are noted in this document, except 
     for clerical corrections, conforming changes made necessary 
     by the Compromise Agreement and minor drafting, technical and 
     clarifying changes.


                               background

       The Department of Veterans Affairs' (VA) system for 
     deciding benefits claims ``is unlike any other adjudicative 
     process. It is specifically designed to be claimant friendly. 
     It is non-adversarial; therefore, the VA must provide a 
     substantial amount of assistance to a veteran seeking 
     benefits.'' H. Rept. No. 105-52, at 2 (1997). Chapter 51 of 
     title 38, United States Code, provides the general 
     administrative provisions relating to processing of claims 
     for veterans benefits. In particular, section 5107 of title 
     38, United States Code, states that it is a veteran's 
     responsibility to submit evidence of a ``well-grounded'' 
     claim, and the Secretary shall assist a veteran in developing 
     the facts pertinent to the claim. Such assistance 
     historically has included requesting service records, medical 
     records and other documents identified by the veterans.
       On July 14, 1999, the U.S. Court of Appeals for Veterans 
     Claims ruled in Morton v. West, 12 Vet. App. 477, remanded on 
     other grounds _F.3d_, 2000 U.S. App. LEXIS 22464 (Fed. Cir., 
     August 17, 2000), that VA has no authority to develop claims 
     that are not ``well-grounded,'' and invalidated VA manual 
     provisions which directed regional offices to undertake full 
     development of all claims. This and previous court decisions 
     construing the meaning of section 5107 of title 38, United 
     States Code, have constructed a significant barrier to 
     veterans who need assistance in obtaining information and 
     evidence in order to receive benefits from the VA.

       Definition of ``Claimant'' for Purposes of Veterans Claims

     Current Law
       Chapter 51 of title 38, United States Code, refers to an 
     applicant for veterans benefits as a ``claimant,'' but does 
     not provide a definition of the term.
     House Bill
       Section 2 of H.R. 4864 would amend chapter 51 of title 38, 
     United States Code, by adding a new section at the beginning 
     of the chapter. The new section would define the term 
     ``claimant'' to mean ``any individual applying for, or 
     submitting a claim for, any benefit under the laws 
     administered by the Secretary.''
     Senate Bill
       Section 101(a) of S. 1810 would add a new section 5101 to 
     title 38, United States Code, to define the term ``claimant'' 
     as ``any individual who submits a claim for benefits under 
     the laws administered by the Secretary.''
     Compromise Agreement
       Section 2 of the compromise agreement follows the House 
     language.

                        Assistance to Claimants


   application forms; notices to claimants of incomplete applications

     Current law
       Section 5102 of title 38, United States Code, provides that 
     the Secretary shall furnish,

[[Page H9914]]

     upon request made in person or in writing by any person 
     claiming or applying for benefits, all printed instructions 
     and forms necessary to establish a claim for veterans 
     benefits at no cost to the claimant.
       Section 5103 of title 38, United States Code, provides that 
     if a claimant's application for benefits is incomplete, the 
     Secretary shall notify the claimant of the evidence necessary 
     to complete the application. It further provides that in the 
     event that the additional evidence is not received within one 
     year from the date of notification, no benefits may be paid 
     by reason of the incomplete application. Section 5103 does 
     not apply to any application or claim for Government life 
     insurance benefits. Section 5103 also provides that benefits 
     may be not be denied on the basis that the claimant does not 
     have a mailing address.
       The Secretary of Veterans Affairs' duty to assist claimants 
     is codified at section 5107(a) of title 38, United States 
     Code. The courts have held that the Secretary's duty to 
     assist claimants does not arise until a claimant has first 
     submitted a ``well-grounded'' claim.
     House Bill
       Section 3 of H.R. 4864 substantially revises current 
     sections 5102, 5103, and 5107 of title 38, United States 
     Code. The ``duty to assist'' provision would be transferred 
     from section 5107 of title 38 to section 5103. As revised, 
     section 5102 would contain almost all of existing sections 
     5102 and 5103. Subsection (a) of the proposed section 5102 is 
     identical to existing section 5102. Subsections (c) and (d) 
     of proposed section 5102 are identical to subsections (a) and 
     (b) of existing subsection 5103. Proposed section 5102(b) 
     contains the provisions of subsection (a) of existing section 
     5103. Proposed subsection 5102(b) clarifies the Secretary's 
     obligation to send notices to the claimant and the claimant's 
     representative, and to advise the claimant and the claimant's 
     representative as to information the claimant must submit to 
     complete the application. It also would require the Secretary 
     to notify the claimant (and the claimant's representative) of 
     any additional information and medical and lay evidence 
     necessary to substantiate the claim, and which portion of 
     such evidence is to be provided by the claimant and which 
     portion, if any, the Secretary will attempt to obtain.
     Senate Bill
       Section 101(b) of S. 1810 would amend existing section 
     5103(a) by striking ``evidence'' both places it appears and 
     inserting ``information,'' in order to clarify that claimants 
     will not be obligated to present any evidence upon initial 
     application for benefits.
       Subsection (c) of proposed section 5103A (as added by 
     section 101(c)) would require VA to notify the claimant and 
     the claimant's representative of the information and medical 
     or lay evidence needed in order to aid in the establishment 
     of eligibility for benefits, and inform the claimant and his 
     or her representative what information under subsection 
     (c)(1) the Secretary was unable to obtain.
     Compromise Agreement
       Proposed section 5102(a) would require the Secretary to 
     furnish all instructions and forms necessary when a request 
     is made, or an intent is expressed, by any person applying 
     for veterans benefits. It is the Committees' intent that such 
     a request might be made by using various modes of 
     communication--electronic, telephonic, written, or personal.
       The removal of the ``in person or in writing'' requirement 
     from current section 5102 of title 38, United States Code, is 
     not intended to change current VA regulations with respect to 
     the definition of a claim or the requirements concerning what 
     communication is sufficient to treat the communication as an 
     informal claim. By removing the restriction on requests ``in 
     person or in writing,'' the Committees intend to permit 
     veterans and VA to use current and future modes of 
     communication. The Committees expect VA to appropriately 
     document its communications with veterans regardless of the 
     form of communication used.
       The compromise version of revised section 5103 of title 38, 
     United States Code, substantially maintains the current 
     provisions of section 5103. However, it renames the title of 
     the section as ``Notice to claimants of required information 
     and evidence'' to more accurately reflect the section's 
     purpose. The compromise agreement enhances the notice that 
     the Secretary is now required to provide to a claimant and 
     the claimant's representative regarding information that is 
     necessary to complete the application. The notice would 
     inform the claimant what information (e.g., Social Security 
     number, address, etc.), and what medical evidence, (e.g., 
     medical diagnoses and opinions on causes or onset of the 
     condition, etc.) and lay evidence (e.g., statements by the 
     veteran, witnesses, family members, etc.) is necessary to 
     substantiate the claim. The notice would also specify which 
     portion of this information and evidence is to be provided by 
     the Secretary or by the claimant.
       The compromise agreement also maintains the language in 
     current section 5103 relating to time limits, but expands 
     that language to include ``information or evidence.'' It is 
     not the Committees' purpose to modify the historical 
     application of this provision, nor do the Committees intend 
     that this section be interpreted as a hypertechnical bar to 
     benefits. For example, if the Secretary notices a claimant to 
     submit three pieces of information or evidence, and the 
     claimant submits only two of the specified items, which are 
     sufficient evidence for VA to grant the claim, then VA must 
     act at that point. The failure to submit the additional 
     information would not be grounds for barring payment of 
     benefits of an otherwise established claim.
       The Committees have agreed to use the phrase ``information 
     . . . and evidence . . . that is necessary to substantial the 
     claim'' [emphasis added] in appropriate places in revised 
     sections 5103 and 5103A. This wording is used in lieu of 
     phrases such as ``establishment of the eligibility of the 
     claimant'' (S. 1810) or ``establishment of eligibility for 
     the benefits sought'' (H.R. 4864). Although all three phrases 
     convey a similar if not identical purpose, the Committees 
     believe that they have chosen a less ambigioius and more 
     objective test for the types of evidence that could be useful 
     to the Secretary in deciding the claim. If information or 
     evidence has some probative value, there must be an effort 
     made to obtain it or to explain to the claimant how he or she 
     might obtain it.
       It is the Committees' intent that the verb ``to 
     substantiate,'' as used in this subsection and throughout the 
     compromise bill (cf., proposed 5103A(a), 5103A(2), 5103A(g)) 
     be construed to mean ``tending to prove'' or ``to support.'' 
     Information or evidence necessary to substantiate a claim 
     need not necessarily prove a claim--although it eventually 
     may do so when a decision on a claim is made--but it needs to 
     support a claim or give form and substance to a claim.


      SECRETARY'S DUTY TO ASSIST CLAIMANTS: GENERAL DUTY TO ASSIST

     House Bill
       Proposed subsection (a) of new section 5103 is a revision 
     of language currently found in section 5107(a), which 
     requires the Secretary to assist claimants who have filed a 
     ``well-grounded'' claim. As revised, the Secretary would be 
     obligated to assist a claimant in obtaining evidence that is 
     necessary to establish eligibility for the benefit sought. 
     The well-grounded claim requirement would be eliminated. 
     However, the Secretary would be able to decide a claim 
     without providing assistance under this subsection when no 
     reasonable possibility exists that such assistance would aid 
     in the establishment of eligibility for the benefit sought.
     Senate Bill
       Subsection (a) of proposed section 5103A would require the 
     Secretary to make reasonable efforts to assist in the 
     development of information and medical and lay evidence 
     necessary to establish the eligibility of a claimant for 
     benefits. It eliminates the well-grounded claim requirement.
       Subsection (b) provides that the Secretary is not required 
     to provide assistance to a claimant under subsection (a) if 
     no reasonable possibility exists that such assistance would 
     aid in the establishment of the eligibility of the claimant 
     for benefits.
     Compromise Agreement
       Section 3 of the compromise agreement would require the 
     Secretary to make reasonable efforts to assist a claimant in 
     obtaining evidence necessary to substantiate the claimant's 
     claim for the benefit sought. The exact type of assistance, 
     such as obtaining documentary evidence or medical 
     examinations or opinions, is not specified in this section 
     since the type of assistance needed for each claim will vary 
     depending upon the benefit sought. This lack of specificity 
     is not intended to limit the type of assistance required or 
     rendered. However, the Secretary is not required to assist a 
     claimant if no reasonable possibility exists that such 
     assistance would aid in substantiating the claim. Under this 
     section, the Secretary may defer providing assistance pending 
     the submission by the claimant of essential information 
     missing from the claimant's application.


                    assistance in obtaining records

     House Bill
       Proposed subsection (b) of the new section 5103 clarifies 
     the Secretary's obligation to assist a claimant in obtaining 
     evidence that is relevant to a particular claim. Under the 
     House bill, the Secretary would be required to make 
     reasonable efforts to obtain relevant records that the 
     claimant adequately identifies and authorizes the Secretary 
     to obtain. Subsection (b) would also require that the 
     Secretary provide notice to the claimant if the effort to 
     obtain records is unsuccessful and briefly explain the 
     Secretary's efforts to obtain such records, describe any 
     further actions to be taken by the Secretary, and allow the 
     claimant a reasonable opportunity to obtain the records 
     before the claim is decided and notify the Secretary of such 
     actions.
     Senate Bill
       The Senate bill does not specifically provide for general 
     assistance to secure records, but considers that obligation 
     as part of VA's duty to assist claimants in the development 
     of information and evidence necessary to establish 
     entitlement to benefits.
     Compromise Agreement
       Under section 3, the Secretary would be required to make 
     reasonable efforts to obtain relevant records, including 
     private records, that the claimant adequately identifies and 
     authorizes the Secretary to obtain. In an effort to keep the 
     claimant informed about the status of the development of his 
     or her claim, the Secretary would be required to notify the 
     claimant when the Department is unable to obtain records. The 
     notice would identify the records the Secretary is unable to 
     obtain, provide a brief explanation of the

[[Page H9915]]

     efforts that the Secretary has made to obtain those records, 
     and describe any further action to be taken by the Secretary 
     with respect to the claim. The Secretary would be required to 
     continue attempts to obtain the records from a Federal 
     department or agency until it is reasonably certain that the 
     records do not exist or that further efforts to obtain them 
     would be futile.


               obtaining records for compensation claims

     House Bill
       Proposed subsection (c) of section 5103 would provide for 
     special rules for obtaining evidence in disability 
     compensation claims. For this type of claim, the Secretary 
     would always be obligated to obtain (1) existing service 
     medical records, and other relevant service records if the 
     claimant has provided sufficient locator information, (2) 
     records of treatment or examination at Department health care 
     facilities, if the claimant has provided information 
     sufficient to locate such records, and (3) records in the 
     possession of other Federal agencies if such records are 
     relevant to the veteran's claim.
     Senate Bill
       Subsection (d) of the proposed 5103A would specify the 
     assistance to be provided by the Secretary to a claimant 
     applying for disability compensation. The Secretary would be 
     obligated to obtain (1) relevant service and medical records 
     maintained by applicable governmental entities that pertain 
     to the veteran for the period or periods of the veteran's 
     service in the active military, naval, or air service, (2) 
     existing records of relevant medical treatment or 
     examinations provided at Department health care facilities or 
     at the expense of the Department but only if the claimant has 
     furnished information sufficient to locate such records, (3) 
     relevant records from adequately identified governmental 
     entities authorized by the claimant to be released, and (4) 
     relevant records from adequately identified private person or 
     entities authorized by the claimant to be released. Efforts 
     to obtain governmental records would be required to continue 
     until it is reasonably certain, as determined in accordance 
     with the regulations prescribed under subsection (f) that 
     such records do not exist.
     Compromise Agreement
       Recognizing that VA has a higher burden in securing records 
     maintained by VA and other governmental agencies, section 3 
     of the compromise agreement requires the Secretary to obtain 
     the claimant's service medical records and other relevant 
     records pertaining to the claimant's active military, naval, 
     or air service that are maintained by a governmental entity 
     if the claimant provides sufficient information to locate 
     them. By use of the term ``governmental entity,'' it is the 
     Committees' intention that VA also secure relevant records 
     maintained by state national guard and reserve units, as they 
     may provide important information relating to the veteran's 
     service history.


              medical examinations for compensation claims

     House Bill
       In the case of a claim for disability compensation, 
     subsection (d) of proposed section 5103 would require the 
     Secretary to provide a medical examination or obtain a 
     medical opinion when the Secretary has established that (1) 
     the claimant has (a) a current disability, (b) current 
     symptoms of a disease that may not be characterized by 
     symptoms for extended periods of time, or (c) persistent or 
     recurrent symptoms of disability following discharge from 
     service, and (2) there was an in-service event, injury, or 
     disease (or combination of events, injuries, or diseases) 
     during the claimant's active military, naval, or air service 
     which could have caused or aggravated the current disability 
     or symptoms, but (3) the evidence ``on hand'' is insufficient 
     to establish service connection.


                              Senate Bill

       Proposed section 5103A(d) would require VA to provide a 
     medical examination needed for the purpose of determining the 
     existence of a current disability if the claimant submits 
     verifiable evidence, as determined in accordance with the 
     regulations prescribed under subsection (f), establishing 
     that the claimant is unable to afford medical treatment. 
     Proposed subsection (e) provides that, while obtaining or 
     after obtaining information or lay or medical evidence under 
     subsection (d) of proposed 5103A, the Secretary determines 
     that a medical examination or a medical opinion is necessary 
     to substantiate entitlement to a benefit, the Secretary would 
     then provide such medical examination or obtain such medical 
     opinion.
     Compromise Agreement
       Under section 3 of the compromise agreement, proposed 
     section 5103A(d) provides that in the case of a claim for 
     disability compensation, the Secretary shall provide a 
     medical examination or obtain a medical opinion when such an 
     examination or opinion is necessary to make a decision on the 
     claim. Taking into consideration all information and lay or 
     medical evidence (including statements of the claimant), an 
     examination would be necessary if the evidence of record (a) 
     contains competent evidence that the claimant has a current 
     disability, or persistent or recurrent symptoms of a 
     disability and, (b) indicates that the disability or symptoms 
     may be associated with the claimant's active military, naval, 
     or air service but, (c) does not contain sufficient medical 
     evidence for the Secretary to make a decision on the claim. 
     It is the Committees' intent that the term ``disability'' 
     cover both injuries and diseases, including symptoms of 
     undiagnosed illnesses.
       In the revised section 5103A, the Committees have agreed to 
     use the phrase ``if the evidence of record . . . taking into 
     consideration all information and lay or medical evidence 
     (including statements of the claimant) . . . contains 
     competent evidence . . . that the claimant has a current 
     disability, or persistent or recurrent symptoms of 
     disability'' [emphasis added] as the threshold for when VA 
     must obtain a medical examination or opinion for compensation 
     claimants. This wording is used to describe evidence that is 
     ``fit for the purpose for which it is offered.'' U.S. v. 
     DeLucia, 256 F.2d 487, 491 (7th Cir. 1958). Competent 
     evidence would be evidence that is offered by someone capable 
     of attesting to it; it need not be evidence that is credible 
     or sufficient to establish the claim. A veteran (or 
     layperson) can provide competent evidence that he or she has 
     a pain in the knee since that evidence is fit for the purpose 
     for which it is offered. However, VA would not be bound to 
     accept a veteran's assertion that he has a torn ligament, for 
     that would require more sophisticated information, such as 
     the results of a medical examination or special medical 
     testing. The Committees emphasize that medical examinations 
     or medical opinions may be needed in order for the Secretary 
     to fulfill the duty to assist in other situations not 
     mandated by this section under the general duty to assist 
     required in section 3.


                              regulations

     House Bill
       Proposed subsection 5103(e) would require the Secretary to 
     prescribe regulations (1) specifying the evidence needed to 
     establish a claimant's eligibility for a benefit and (2) 
     defining the records that are relevant to a claim.
     Senate Bill
       Proposed subsection 5103A(f) of S. 1810 would require the 
     Secretary to prescribe regulations for purposes of the 
     administration of new section 5103A.
     Compromise Agreement
       Section 3 of the compromise agreement would require the 
     Secretary to prescribe regulations in order to carry out this 
     section. It is the Committees' intent that these regulations 
     address the provisions of the language described above under 
     ``House Bill.''


                 rule with respect to disallowed claims

     House Bill
       Proposed subsection (f) of section 5103 would specify that 
     nothing in section 5103 would be construed to require the 
     Secretary to reopen a claim that had been disallowed except 
     when new and material evidence is presented or secured, as 
     described in section 5108 of title 38, United States Code.
     Senate Bill
       S. 1810 does not contain a similar provision.
     Compromise Agreement
       Section 3 of the compromise agreement follows the House 
     language.


                     other assistance not precluded

     House Bill
       Proposed subsection (g) of section 5103 would clarify that 
     nothing in section 5103 would be construed as precluding the 
     Secretary from providing such other assistance to a claimant 
     as the Secretary considers appropriate.
     Senate Bill
       Proposed subsection 5103A(d)(1)(F) would provide that the 
     Secretary would provide any other appropriate assistance not 
     specifically listed in section 5103(d).
     Compromise Agreement
       Section 3 of the compromise agreement follows the House 
     language.


      reenactment of rule for claimants lacking a mailing address

     House Bill
       Proposed section 3(b) of H.R. 4864 would recodify the 
     language found at section 5103(c) as a new section 5126 of 
     title 38, United States Code.
     Senate Bill
       S. 1810 does not contain a similar provision.
     Compromise Agreement
       Section 3 of the compromise agreement follows the House 
     language.

                           Decision on Claim

     Current Law
       Under section 5107(a) of title 38, United States Code, a 
     person who submits a claim for benefits has the burden of 
     submitting evidence sufficient to justify a belief by a fair 
     and impartial individual that the claim is ``well-grounded.'' 
     In order to file a ``well-grounded'' disability compensation 
     claim, the court has ruled that the claimant must present 
     evidence of 1) a current disability, 2) an in-service 
     incidence or aggravation of a disease or injury, and 3) a 
     nexus between the in-service disease or injury and the 
     current disability. Caluza v. Brown, 7 Vet. App. 498 (1995) 
     aff'd 78 F.3d 604 (Fed. Cir. 1996 table). Once that burden 
     had been met, the Secretary must assist the claimant in 
     developing the facts pertinent to the claim.
       Under section 5107(b) of title 38, United States Code, the 
     Secretary is required to give claimant the benefit of the 
     doubt in resolving each material issue where there is an

[[Page H9916]]

     approximate balance of positive and negative evidence 
     regarding the merits of the issue. Subsection (b) also 
     provides that nothing in that subsection shall be construed 
     as shifting the burden of establishing a well-grounded claim 
     from the claimant to the Secretary.
     House Bill
       Section 4 of the House bill would revise section 5107 of 
     title 38, United States Code, to eliminate the requirement 
     that a veteran submit a ``well-grounded'' claim. The proposed 
     revision of section 5103 discussed above sets out the 
     authority for the Secretary to provide assistance to a 
     claimant. Thus, the extent to which the Secretary conducted a 
     separate threshold examination of the evidence provided in 
     support of a claim are addressed in that section. The revised 
     section 5107 would restate, without any substantive change, 
     the requirements in existing law that the claimant has the 
     burden of proving entitlement to benefits and that the 
     Secretary must provide the benefit of the doubt to the 
     claimant when there is an approximate balance of positive and 
     negative evidence regarding a material issue.
     Senate Bill
       Section 101(e) of S. 1810 would amend section 5107 of title 
     38, United States Code, to eliminate the requirement that 
     claimants submit evidence sufficient to justify the belief 
     that the claim is ``well-grounded'' before VA will execute 
     its duty to assist. Section 5107(a), as amended, would 
     specify that the burden of proof to establish entitlement to 
     VA benefits remains with the claimant. Section 5107(b), as 
     amended, retains the language in current section 5107(b) 
     requiring that claimants be given the ``benefit of the 
     doubt'' when there exists an approximate balance of positive 
     and negative evidence.
     Compromise Agreement
       Proposed section 5107(a) of the compromise agreement 
     provides that a claimant has the responsibility to present 
     and support a claim for the benefit sought. As under current 
     law, the Secretary would be required to consider all 
     information and lay and medical evidence of record, and when 
     there is an approximate balance of positive and negative 
     evidence regarding an issue material to the determination of 
     a matter, the Secretary would be required to give the benefit 
     of the doubt to the claimant.

     Prohibition of Charges for Records Furnished by Other Federal 
                        Departments and Agencies

     Current Law
       Section 5106 of title 38, United States Code, provides that 
     in obtaining evidence for the development of a claim for 
     veterans benefits, Federal departments or agencies shall 
     provide information that the Secretary requests to determine 
     eligibility for, or the amount of benefits, or to verify 
     other information necessary to adjudicate a claim.
     House Bill
       Section 5 of the House bill adds a new sentence to section 
     5106 to provide that Federal departments or agencies shall 
     furnish the Department of Veterans Affairs with records 
     pertaining to a benefits application without charge.
     Senate Bill
       Proposed section 5103A(d) provides that the costs of 
     providing VA with information are to be borne by the 
     department or agency supplying the information.
     Compromise Agreement
       Section 5 of the compromise agreement follows the Senate 
     language.

                             Effective Date

     House Bill
       Section 6 of the House bill provides that, in general, the 
     provisions in the bill would apply to claims filed on or 
     after the date of enactment and to claims which are not final 
     as of that date. Subsection (b) of section 6 would establish 
     a special rule providing retroactive relief on claims which 
     were not final or which were dismissed was not ``well-
     grounded'' beginning on July 14, 1999 (the effective date of 
     the Morton decision). In such cases, the Secretary would 
     order the claim to be readjudicated at the request of the 
     claimant or on the Secretary's own motion. Subsection (b)(2) 
     would provide that a motion to readjudicate the claim would 
     have to be made within two years from the date of enactment, 
     while subsection (b)(3) would relieve the Secretary, in the 
     absence of a motion to readjudicate, of any obligation to 
     locate and readjudicate claims which might be affected by the 
     change in law described in this subsection.
     Senate Bill
       The Senate provision is virtually identical to the House 
     bill.
     Compromise Agreement
       Section 7 of the compromise agreement contains this 
     provision.

  Madam Speaker, I reserve the balance of my time.
  Mr. EVANS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in strong support of the Veterans Claims 
Assistance Act of 2000, H.R. 4864, and I thank every individual who 
helped perfect this measure, particularly the gentleman from Arizona 
(Chairman Stump). This has broad-based bipartisan, bicameral support; 
and it is worthy of the support of every Member of this House.
  Last fall, after the Department of Veterans Affairs implemented the 
Morton versus West decision of the United States Court of Appeals for 
veterans claims, I introduced H.R. 3193, the Duty to Assist Act. This 
legislation was introduced to correct erroneous interpretations of the 
law. Judicial review was intended to continue VA's long-standing 
obligation to assist all veterans develop their claims. Under this 
decision, the exact opposite has occurred.
  On March 23, 2000, the Subcommittee on Benefits held a hearing on my 
bill. Following that, a bipartisan compromise, H.R. 4864, was 
introduced.
  I am especially pleased all critical providings of H.R. 3193 have 
been perfected and incorporated into H.R. 4864's amendment. These 
include the removal of the well-grounded claim requirement, specific 
notice requirements, duty to assist all claimants, additional specific 
requirements for service-connected disability claims.
  I strongly believe in judicial review. However, the courts can, and 
do, make erroneous decisions. When those decisions affect the 
fundamental rights of veterans, it is Congress' responsibility to 
correct the problem. I believe this measure will do this.
  Madam Speaker, I urge my colleagues to support the Veterans Claims 
Assistance Act of 2000, H.R. 4864.
  Madam Speaker, the Veterans Claims Assistance Act of 2000, H.R. 4864, 
is the product of hard work of many people. Members of the Veterans' 
Affairs Committees of both bodies, Democratic and Republican committee 
staff from both bodies, representatives of veterans service 
organizations and the administration have all contributed to this 
measure. I thank each individual who has helped perfect this measure 
and I particularly thank Chairman Stump for his leadership in crafting 
H.R. 4864, which has broad bipartisan, bicameral support.
  Last fall, after the Department of Veterans Affairs (VA) implemented 
the Morton v. West decision of the United States Court of Appeals for 
Veterans Claims, I introduced H.R. 3193, the Duty to Assist Act. This 
legislation was introduced to correct erroneous interpretations of law. 
Judicial review was intended to continue VA's long standing obligation 
to assist all veterans with the development of their claims. Under the 
Morton decision, the exact opposite occurred.
  On March 23, 2000, the Subcommittee on Benefits held a hearing on my 
bill and the problems experienced by veterans under the well-grounded 
claim requirement. A number of suggestions were made during this 
hearing and in subsequent meetings with representatives of the VA and 
veterans service organizations. As a result, a bipartisan compromise 
bill H.R. 4864, was introduced. The other body also addressed this 
problem in a provision included in S. 1810. The compromise bill we are 
considering today, H.R. 4864, as amended by the other body, includes 
elements of bills passed by both houses of Congress.
  I am especially pleased that all of the critical provisions from H.R. 
3193 have been perfected and incorporated into H.R. 4864. These 
include:


             removal of the well-grounded claim requirement

  First and most importantly, the bill eliminates the requirement that 
a veteran submit a well-grounded claim before VA is required to offer 
any help to a veteran in the development of his or her claim.
  Unfortunately for veterans and their survivors, the requirement to 
submit a well-grounded claim gradually increased from the concept of a 
uniquely low threshold, to a significant barrier, requiring veterans to 
purchase medical evaluations and opinion before their claims could be 
considered on their merits. Claims of combat-injured veterans were 
denied before VA adjudicators even obtained copies of the veterans' 
service medical records. Veterans who were being discharged from 
military service because of a disability had their claim for service-
connected disability benefits for that disability denied as not well-
grounded. In some of these cases, the veteran later supplied copies of 
their military and other medical records and had benefits awarded after 
multiple decision concerning the ``well-groundedness'' of various parts 
of the claim. In other cases, I fear that deserving veterans have just 
gone away, feeling betrayed by the government they have served so 
honorably.
  By removing the well-grounded claim requirement, I expect that the VA 
will proceed in a fair and reasonable fair manner to identify and 
obtain all of the relevant evidence necessary to make an accurate 
decision on the claim when it is first presented. While some claims may 
ultimately be denied, by obtaining and reviewing all of the relevant 
evidence first, veterans will be assured that their claims have been 
fairly and fully considered.


                      specific notice requirements

  I am particularly concerned that the notices sent to veterans often 
do not contain clear information that enables the veteran to understand 
what actions VA has taken or will take

[[Page H9917]]

and what information or evidence the veteran should provide. If VA is 
requesting the veteran to supply information such as employment 
information or school records of children, the notice should provide 
enough information in clearly understandable language for the veteran 
to understand what is being requested. Following the Morton decision 
many veterans received virtually indecipherable notices advising them 
that their claim was ``not well-grounded''. I encourage the VA to 
continue developing communications using plain English which the 
majority of beneficiaries can be expected to understand. The compromise 
bill expands upon the notice requirements specified in H.R. 3193.


                      duty to assist all claimants

  The compromise bill makes it clear that VA has a duty to make 
reasonable efforts to assist all claimants in obtaining evidence needed 
to substantiate their claim. What is reasonable will depend upon the 
nature of the claim being pursued and the evidence which is needed to 
establish that claim. If a medical examination or opinion is needed VA 
is required to provide it. If private medical records are needed, VA 
should request the records from the treating source with the consent of 
the veteran claimant.


   additional specific requirements for service-connected disability 
                                 claims

  The compromise bill contains specific special requirements for the 
adjudication of service-connected disability claims. These requirements 
recognize that certain actions are always necessary to the proper 
development of claims for service-connected compensation benefits and 
are therefore mandated.
  The Committees have determined that because of special responsibility 
of the government for claims for service-connected compensation 
benefits that there are certain circumstances when VA may not proceed 
to decide a claim without first obtaining a medical examination or 
opinion. If the record contains competent evidence that the claimant 
has a current disability or symptoms and indicates that the disability 
or symptoms may be associated with the claimant's military service, but 
the medical evidence is insufficient to make a determination on the 
claim, VA must obtain a medical evaluation or opinion. If the evidence 
is sufficient to decide the claim, VA may proceed to decide it.
  I am particularly concerned with the number of cases reviewed by 
Committee staff in which VA has evidence of a current disability and an 
indication of a potential in-service incident or series of events which 
may have caused or aggravated the disability, but VA has failed to 
obtain a medical opinion concerning the relationship between the two. 
For example, under this provision, I expect that if a veteran's 
military records indicate he served as a paratrooper, making multiple 
jumps during service in Vietnam and the veteran now has evidence of 
arthritis of the knees he indicates was due to these jumps, VA will be 
required to obtain a medical opinion as to whether it is as likely as 
not that his current arthritis is related to his military service.
  I recognize that some concerns have been raised that because the bill 
mandates certain procedures in some circumstances and not in others, VA 
will refuse to comply with its general duty to assist contained in the 
amended section 5103A(a)(1) of title 38. I do not believe that in 
implementing this law, VA will refuse to comply with its general duty 
to assist.
  The general duty to assist section is intended to provide VA with the 
flexibility to make whatever reasonable efforts are needed in order to 
properly adjudicate the particular claim. If a pension applicant needs 
a medical examination to determine disability, I fully expect VA to 
provide a medical examination. If a medical evaluation or opinion is 
needed to resolve conflicts in the medical evidence related to a 
service-connected claim, I fully expect VA to obtain the requisite 
examination or opinion. the special provisions mandated for service-
connected claims in some circumstances is not, and should not be 
interpreted by VA, as a license to ignore the general duty to assist 
provided in the same bill.
  I strongly believe in judicial review. However, courts can--and do--
make erroneous decisions. When those decisions affect the fundamental 
rights of veterans, it is Congress' responsibility to correct the 
problem. H.R. 4864, as amended, will do this.
  Veterans seeking to establish their entitlement to benefits they have 
earned as a result of their service to our country deserve to have 
their claims decided fairly and fully based upon all relevant and 
available evidence. Where it is as likely as not that a disability was 
incurred or aggravated during military service, the benefit of the 
doubt rule dictates that the disability will be service-connected. 
Passage of H.R. 4864 will help to assure that their claims are properly 
considered and fairly decided.
  Madam Speaker, I reserve the balance of my time.
  Mr. STUMP. Madam Speaker, I yield such time as he may consume to the 
gentleman from Nevada (Mr. Gibbons), a member of the committee.
  Mr. GIBBONS. Madam Speaker, to the gentleman from Arizona (Mr. 
Stump), my friend and colleague, the distinguished chairman of the 
Committee on Veterans' Affairs, I want to thank him for his leadership, 
as well as the gentleman from Illinois (Mr. Evans), the ranking member, 
for his contributions and leadership to this very important issue.
  Madam Speaker, I am pleased to rise today in support of H.R. 4864, as 
amended, the Veterans Claims Assistance Act of 2000. The members of the 
Subcommittee on Benefits have worked for the past 7 months on crafting 
legislation to address the Morton versus West decision by the Court of 
Appeals for veterans claims. H.R. 4864, as amended, meets that 
challenge.
  This and previous court decisions have construed VA's authority to 
develop claims that are not what is legally referred to as well 
grounded, and the results have created a significant barrier to 
veterans who need assistance in obtaining information and evidence in 
order to receive benefits from the VA.
  Among other things, H.R. 4864, as amended, requires the Secretary to 
furnish all necessary forms and instructions to file a claim when a 
request is made and requires the Secretary to make reasonable efforts 
to assist in the development of information and medical and lay 
evidence necessary to establish eligibility of a claimant for benefits.

                              {time}  1215

  This bill eliminates the ``well grounded'' requirements.
  With regard to compensation claims, this bill requires the Secretary 
to obtain the claimant's service medical records and other relevant 
records pertaining to the claimant's active military service, if the 
claimant provides sufficient information to locate them, and requires 
the Secretary to provide a medical examination or obtain a medical 
opinion when such an exam or opinion is necessary to make a decision on 
that claim.
  As the chairman has indicated, we have been working with the VA 
officials and members of veterans service organizations to develop a 
bill that addresses the concerns of all interested parties, and I 
believe we have succeeded in this bill. I want to thank the chairman 
and the ranking member once again for their leadership, and I urge my 
colleagues to support H.R. 4864 as amended.
  Mr. EVANS. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. STUMP. Madam Speaker, I yield myself such time as I may consume 
to thank the ranking member of the committee, the gentleman from 
Illinois (Mr. Evans), and express my appreciation for his efforts on 
behalf of this legislation.
  I also want to thank the members of the Subcommittee on Benefits, and 
the chairman in particular, for all their hard work on H.R. 4864.
  I would also like to tell my colleagues about the hard work performed 
by the chairman of the Subcommittee on Benefits, the gentleman from New 
York (Mr. Quinn), during the 106th Congress. This Congress has been a 
very good one for veterans, due in no small part to the extraordinary 
energy of the gentleman from New York. He has done a commendable job 
leading a subcommittee that deals with very difficult and sometimes 
emotional issues, and I thank him very much for all his hard work.
  I would also like to thank the gentleman from Nevada (Mr. Gibbons), a 
member of the committee, for his contributions to this bill.
  Mr. FILNER. Madam Speaker, I thank the Chairman, Mr. Stump and the 
Ranking Member of the Full Committee, Mr. Evans for their hard work in 
bringing the Veterans Claims Assistance Act of 2000, H.R. 4864 as 
amended, before us today.
  Following the U.S. Court of Appeals for Veterans Claims decision in 
Morton v. West thousands of veterans throughout this country received 
letters from VA telling them that their claims for disability benefits 
were ``not well-grounded.'' In many cases, the notices were 
incomprehensible to veterans.
  Veterans were told that they had to submit evidence of a ``nexus'' 
between their military service and current disability before VA would 
provide them any help at all. Claims of combat injured veterans were 
denied before records of military service were obtained.

[[Page H9918]]

  In our subcommittee hearing on Mr. Evan's bill we heard eloquent 
testimony about the seriousness of the problem.
  Veterans with claims for service-connected disabilities which were 
noted in their service medical records had those claims rejected as 
``not well-grounded.''
  Veterans being treated by VA physicians were denied VA medical 
opinions concerning the relationship between their disability and their 
military service and were thus unable to provide ``nexus'' statements 
VA required without purchasing medical opinions at their own expense.
  Vietnam veterans with conditions presumed under law to be service-
connected as a result of Agent Orange exposure had claims rejected as 
not well-grounded.
  Medal of Honor winners and former Prisoners of War had their claims 
rejected.
  This bill will rectify those errors. In addition, the bill contains 
very specific notice requirements. Even as a former college professor, 
I have found notices sent to veterans who contact my office, both here 
and in San Diego, to be virtually incomprehensible. The compromise bill 
passed by the Senate requires VA to inform veterans when additional 
information is needed. If VA is unable to obtain records identified by 
the claimant, VA is required to notify the claimant that the records 
were not obtained, describe the efforts made to obtain the records and 
describe the action to be taken by the Secretary. These provisions were 
inserted to assure that veterans are able to make informed decisions 
concerning their claims. I expect VA to provide this information in 
simple, plain, understandable English.
  By passing H.R. 4864, this House agreed that veterans and other 
claimants have a right to have their claims fully developed and 
properly evaluated. The Senate has now agreed.
  By passing this bill Congress will send a strong message to the VA 
and our Nation's veterans concerning our government's obligation to 
care for him who has borne the battle. I urge my colleagues to support 
this bill.
  Mr. GILMAN. Madam Speaker, I rise today in strong support of H.R. 
4864, the Veterans' Claims Assistance Act of 2000. I urge my colleagues 
to join in supporting this worthy legislation.
  H.R. 4864, authorizes the Secretary of Veterans Affairs to assist a 
veteran claimant in obtaining evidence to establish an entitlement to a 
benefit. The bill achieves this by requiring the Secretary of Veterans 
Affairs to make reasonable efforts to obtain relevant records that the 
claimant identifies, unless there is no reasonable possibility that 
assistance would aid in substantiating the claim. Also, the measure 
eliminates the requirement that a claimant submit a ``well-grounded'' 
claim before the Secretary can assist in obtaining evidence.
  For service-connected disability compensation claims, H.R. 4864 
requires the Secretary to obtain existing service medical records and 
other relevant records pertaining to the claimant's active military, 
naval, or air service that are maintained by the Government if the 
claimant provides sufficient information to locate them, and provide a 
medical examination or obtain a medical opinion when such an 
examination (or opinion) is necessary to make a decision on the claim. 
The bill further requires other Federal agencies to furnish relevant 
records to the Department at no cost to the claimant.
  Under the bill a ``claimant'' is a person who would be eligible to 
receive assistance from the Veterans Secretary as any person seeking 
veterans benefits. The Secretary would be required to give the benefit 
of the doubt to the claimant when there is an approximate balance of 
positive and negative evidence regarding an issue material to the 
determination of a matter.
  Finally, H.R. 4864 permits veterans who had claims denied or 
dismissed after the court of appeals for veterans claims decision in 
Morton v. West to request review of those claims within a 2-year period 
following enactment.
  Madam Speaker, the VA claims process was initially intended to be 
friendly to the veterans. In recent years, however, the system has been 
plagued by unacceptably long delays and far too many bureaucratic 
hurdles. Earlier this year, the House addressed the issue of 
timeliness. This bill seeks to remove one of the barriers that has 
recently arisen to block the successful resolution of many claims.
  In July 1999, the court of appeals for veterans claims stated in the 
case of Morton v. West that the Veterans Administration (VA) could help 
a veteran obtain records relevant to a claim only after the veteran 
provided enough evidence to prove that the claim is ``well-grounded.''
  This decision, not only prevents the VA from providing assistance to 
veterans, it has also led to confusion concerning the meaning and 
application of the ``well grounded'' claim requirement. H.R. 4864 
clarifies the ``well grounded'' claim requirement and enables the VA to 
once again provide as much assistance as possible to veterans.
  Accordingly, I urge my colleagues to support this important 
legislation.
  Mr. STUMP. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Morella). The question is on the motion 
offered by the gentleman from Arizona (Mr. Stump) that the House 
suspend the rules and concur in the Senate amendment to the bill, H.R. 
4864.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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