106th CONGRESS
1st Session
H. R. 3193
To amend title 38, United States Code, to reestablish the duty of the Department of Veterans Affairs to assist claimants for benefits in developing claims and to clarify the burden of proof for such claims.
IN THE HOUSE OF REPRESENTATIVES
November 2, 1999
Mr. EVANS (for himself, Mr. FILNER, Mr. DOYLE, Mr. RODRIGUEZ, Mr. SHOWS, Ms. CARSON, Ms. BERKLEY, Mr. ABERCROMBIE, and Mr. HOLDEN) introduced the following bill; which was referred to the Committee on Veterans' Affairs
A BILL
To amend title 38, United States Code, to reestablish the duty of the Department of Veterans Affairs to assist claimants for benefits in developing claims and to clarify the burden of proof for such claims.
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 `Duty to Assist Veterans Act of 1999'.
SEC. 2. DUTY OF DEPARTMENT OF VETERANS AFFAIRS TO ASSIST CLAIMANTS.
(a) DUTY TO ASSIST- (1) Chapter 51 of title 38, United States Code, is amended by inserting after section 5103 the following new section:
`Sec. 5103A. Duty to assist claimants
`(a) The Secretary shall assist a person who submits a claim for a benefit under a law administered by the Secretary in developing information pertinent to a decision on the claim.
`(b) The assistance that shall be provided by the Secretary under subsection (a) before a decision on the claim is rendered shall include the following:
`(1) Requesting information as described in section 5106 of this title.
`(2) Informing the claimant of the information and medical or lay evidence needed in order to fully develop the claim.
`(3) Requesting information identified or referenced by the claimant if the claimant has executed a release of information authorizing the Secretary to obtain the information.
`(4) Informing the claimant if the Secretary is unable to obtain pertinent evidence such as service medical records or other evidence identified by the claimant.
`(5) Providing a medical examination for the purposes of determining the current disability of any veteran who is unable to afford medical care as determined under section 1722(a) of this title.
`(6) Any other assistance the Secretary considers necessary and appropriate to assure the proper development of the claim.'.
(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5103 the following new item:
`5103A. Duty to assist claimants.'.
(b) BURDEN OF PROOF- (1) Subsection (a) of section 5107 of such title is amended to read as follows:
`(a) A person who submits a claim for a benefit under a law administered by the Secretary shall have the burden of proving eligibility for that benefit. That burden may be satisfied by meeting the requirements of any presumption provided by law or regulation applicable to the claim.'.
(2) Subsection (b) of that section is amended by striking `each' in the first sentence.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to any claim filed with the Secretary of Veterans Affairs on or after July 14, 1999.
END
For information on veterans benefits call the V.A. toll free 1-800-827-1000. Comments and ideas for columns may be sent to Veterans Corner; P.O. Box 202; East Berlin, Ct. 06023. If a reply is requested, please send self addressed stamped business envelope.