[Congressional Record Volume 154, Number 80 (Thursday, May 15, 2008)]
[Senate]
[Page S4284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 3023. A bill to amend title 38, United States Code, to require the 
Secretary of Veterans Affairs to prescribe regulations relating to the 
notice to be provided claimants with the Department of Veteran's 
Affairs regarding the substantiation of claims; to the Committee on 
Veterans' Affairs.
  Mr. AKAKA. Mr. President, today I introduce the proposed Veterans' 
Notice Clarification Act of 2008. This bill would require VA to issue 
regulations specifying the content of notices provided to claimants who 
seek VA benefits and services. Following a number of court decisions, 
VA's notification letters to veterans have become increasingly long, 
complex, and difficult to understand.
  These notification letters must be simplified, as veterans, VA, 
veterans' advocates and outside review bodies have all recommended. The 
letters should use simple ordinary language rather than bureaucratic 
legalese and they should be focused on the specific type of claim that 
the veteran is bringing.
  My bill would require different notice contents depending upon 
whether the claim is an original claim, a claim to reopen, or a claim 
for an increase in benefits. VA would also have the discretion to 
provide additional or alternative contents for notice if appropriate to 
the benefits sought. For example, an original claim for service-
connected compensation may require different content than a claim for a 
specially adapted housing grant.
  The notice required for original claims by the Veterans Claims 
Assistance Act, Public Law 106-475, should provide useful information 
based on the documents submitted to VA and the benefit sought. The 
information and evidence requested by VA should be relevant to the 
claim filed. For example, the information and evidence requested by VA 
for a claim for disability compensation and financial information 
concerning claims for pension benefits are wholly different. A veteran 
should not be made to submit information that is unrelated to his or 
her claim.
  I believe that this bill, if enacted, will assist VA in developing 
appropriate criteria to implement the requirements of the current law. 
In addition, courts which review appeals from VA decisions should find 
it easier to identify errors in notification by measuring the notice 
against clear regulatory criteria.
  I urge all of my colleagues to support this measure, so that 
veterans, survivors and dependents seeking VA benefits may be provided 
with clearer and more understandable notices.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3023

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans' Notice 
     Clarification Act of 2008''.

     SEC. 2. REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED 
                   CLAIMANTS WITH THE DEPARTMENT OF VETERANS 
                   AFFAIRS REGARDING THE SUBSTANTIATION OF CLAIMS.

       Section 5103(a) of title 38, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``Upon receipt''; and
       (2) by adding at the end the following new paragraph:
       ``(2)(A) The Secretary shall prescribe in regulations 
     requirements relating to the contents of notice to be 
     provided under this subsection.
       ``(B) The regulations required by this paragraph--
       ``(i) shall specify different contents for notice depending 
     on whether the claim concerned is an original claim, a claim 
     for reopening a prior decision on a claim, or a claim for 
     increase in benefits;
       ``(ii) may provide additional or alternative contents for 
     notice if appropriate to the benefit or services sought under 
     the claim;
       ``(iii) shall specify for each type of claim for benefits 
     the general information and evidence required to substantiate 
     the basic elements of such type of claim; and
       ``(iv) shall specify the timing of the issuance of 
     notice.''.
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