Veteran Families Fairness Act - Provides for the payment of certain accrued veterans' benefits to the estate of a deceased veteran upon the veteran's death if the veteran has no living spouse, children, or dependent parents.
Allows the estate of a veteran who dies while his or her claim for accrued veterans' benefits is pending to file a request to be substituted as the claimant.
Requires the Secretary of Veterans Affairs (VA) to process the claim of a substituted claimant: (1) by recognizing the original filing date of the claim, and (2) without penalty to the priority of the claim.
Directs the Secretary to notify the estates of veterans who died before this Act's enactment of their eligibility to apply for the deceased veteran's accrued benefits or apply to act as a substituted claimant. Gives estates one year after the date they received such notification to make such an application.
Requires the Secretary to reimburse a successful veterans' benefits claimant for the medical costs that: (1) were charged to the claimant while the claim was pending, and (2) would have been reimbursed or provided by the VA if the treatment occurred after the claim was approved. Directs the Secretary to recommend to each claimant, when they file a claim, to retain documentation regarding such costs.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4335 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4335
To amend title 38, United States Code, to clarify that the estate of a
deceased veteran may receive certain accrued benefits upon the death of
the veteran, to ensure that substituted claims are processed timely,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2014
Mr. Maffei introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to clarify that the estate of a
deceased veteran may receive certain accrued benefits upon the death of
the veteran, to ensure that substituted claims are processed timely,
and for other purposes.
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 ``Veteran Families Fairness Act''.
SEC. 2. CLARIFICATION OF ELIGIBLE RECIPIENTS OF CERTAIN ACCRUED
BENEFITS UPON DEATH OF BENEFICIARY.
(a) Treatment of Estate.--
(1) Eligible recipient.--Section 5121(a)(2) of title 38,
United States Code, is amended--
(A) in the matter preceding subparagraph (A), by
inserting ``, or estate,'' after ``person''; and
(B) by adding at the end the following new
subparagraph:
``(D) The estate of the veteran (unless the estate
will escheat).''.
(2) Substitution in case of death of claimant.--Section
5121A(a)(1) of such title is amended--
(A) by inserting ``, or estate,'' after ``a living
person''; and
(B) by adding at the end the following new
sentence: ``The Secretary shall process a claim of such
a substituted claimant by recognizing the original
filing date of the claim and without penalty to the
priority of the claim.''.
(3) Outreach.--
(A) The Secretary of Veterans Affairs shall
identify deceased veterans whom the Secretary
determines meet the following criteria:
(i) The veteran died before--
(I) the date of the enactment of
this Act; and
(II) being able to receive periodic
monetary benefits under laws
administered by the Secretary to which
the veteran was entitled or had filed a
claim to receive.
(ii) Such benefits were not paid to an
individual described in section 5121 of title
38, United States Code, or such claim was not
substituted under section 5121A of such title.
(iii) If the amendments made by paragraphs
(1) and (2) were in effect on the date of the
death of the individual, such benefits could
have been paid to the estate of the veteran
under section 5121 of title 38, United States
Code, or such claim could have been substituted
by the estate under section 5121A of such
title.
(B) The Secretary shall notify the estate of each
veteran identified under subparagraph (A) of the
ability of the estate to apply for payments under
section 5121 of title 38, United States Code, as
amended by paragraph (1) or apply to act as a
substituted claimant under section 5121A of such title,
as amended by paragraph (2). In determining such
applications, the Secretary shall substitute ``the date
on which the estate was notified of the eligibility of
the estate to apply under this section'' for--
(i) ``the date of death'' in subsection (c)
of such section 5121; and
(ii) ``the date of the death of such
claimant'' in subsection (a) of such section
5121A.
(4) Application.--In accordance with paragraph (3), the
amendments made by subsection (a) and (b) shall apply with
respect to the death of an individual regardless of the date of
such death.
(b) Reimbursements.--The Secretary of Veterans Affairs shall--
(1) reimburse a claimant who is awarded a claim for
compensation under title 38, United States Code, including an
individual or estate under section 5121 and section 5121A of
such title, as amended by this section, for costs that--
(A) relate to the medical treatment of the
claimant;
(B) were charged to the claimant during the period
beginning on the date on which the claim was filed and
ending on the date of such award; and
(C) would have been paid by the Secretary, or such
treatment would have been provided by the Secretary, if
such treatment occurred after the date of such award;
and
(2) recommend to each claimant, upon the filing of the
claim, to retain receipts and other documentation relating to
costs described in paragraph (1).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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