[Congressional Record Volume 148, Number 15 (Friday, February 15, 2002)]
[Extensions of Remarks]
[Page E176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            H.R. 3733, THE VETERANS' CLAIMS CONTINUATION ACT

                                 ______
                                 

                            HON. LANE EVANS

                              of illinois

                    in the house of representatives

                      Thursday, February 14, 2002

  Mr. EVANS. Mr. Speaker, recently I introduced H.R. 3733, the 
Veterans' Claims Continuation Act. This important measure would allow 
the families of veterans to continue claims for benefits which are 
pending at the time of a veteran's death. This measure would also allow 
for continuation of other claims, such as a claim for Dependency and 
Indemnity Compensation (DIC) by surviving spouses or claims by children 
eligible for benefits because of birth defects attributable to their 
parent's military service during the Vietnam War. This important 
legislation would assure that families receive the full benefits which 
would have been paid, if the claimant had survived.
  Currently, if a veteran or other claimant dies while a claim is 
pending, the claim is extinguished. Under some circumstances, a new 
claim can be filed for ``accrued benefits.'' However, payment of 
accrued benefits is extremely limited. Benefits can only be paid to a 
limited category of survivors and only if all of the evidence 
supporting the claim is in the claimant's file at the time of death. No 
more than two years of retroactive benefits can be paid.
  The need for a change in law has been recognized by the United States 
Court of Appeals for Veterans' Claims. In a particularly egregious 
case, Marlow v. West, 12 Vet. App. 548 (1999), the court noted that the 
daughter of a combat wounded World War II veteran who had been 
erroneously denied benefits between 1946 and 1980 was precluded from 
pursuing his claim because the claim terminated at the veteran's death. 
In its decision the Court noted that the original decision in the case 
was a clear and unmistakable error, but because of the veteran's death, 
benefits otherwise due were not paid. The Court stated: ``This is a 
case that causes one to understand the frustration of Charles Dickens' 
character Mr. Bumble, when he proclaimed, `The law is an ass, an 
idiot.' '' 12 Vet App. At 551. Veterans and their families are not 
served well by idiotic laws.
  Currently, the Veterans' Benefits Administration has a backlog of 
almost 600,000 claims and another 100,000 appeals to the Board of 
Veterans' Appeals are awaiting action. While efforts are underway to 
reduce this backlog, it is inevitable that some claimants will die 
while their claims or appeals are pending. In some cases, veterans' 
families have incurred substantial expenses and suffered financial 
hardship while the claims have been pending. If benefits are justified, 
these families should be made whole.
  Older veterans have expressed concern that VA uses delaying tactics, 
hoping that the veteran will die before the claim is allowed. I have no 
evidence that this is so. However the inability of family members to 
continue the claim and the limitation on any benefits payable to a two-
year period in current law, may erroneously give veterans this 
impression. Claims for other government benefits, such as Social 
Security benefits are not extinguished when a claimant dies. The 
families of veterans, who have served our Nation honorably, deserve no 
lesser rights than Social Security claimants.
  Mr. Speaker, I also note that the Independent Budget for Fiscal Year 
2003 had called upon Congress to eliminate the restriction on payment 
of accrued benefits. The Veterans' Claims Continuation Act will 
accomplish that end and I strongly encourage my colleagues to cosponsor 
and support H.R. 3733.

                          ____________________