[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4864 Enrolled Bill (ENR)]
H.R.4864
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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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.''.

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(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 1 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.
``(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.''.

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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.''.

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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.''.

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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.''.

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(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 2 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Veterans Claims Assistance Act of 2000 — HR. 4864

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