Describes an "informal claim" for a veterans' benefit as a communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to such benefit that is submitted by a claimant, or an authorized party on the claimant's behalf, in a format other than on an application form submitted by the Secretary of Veterans Affairs (VA). Requires an informal claim to also indicate an intent to apply for an identified benefit.
Requires the Secretary to:
Requires an informal request for increasing or reopening a claim to be accepted and treated in the same manner as a formal claim.
Defines a "reasonably raised claim" for a veterans' benefit as evidence of an entitlement to such benefit that is not explicitly raised in a claim but is logically placed at issue upon a sympathetic reading of the claim and the record developed with respect to the claim.
Directs the Secretary to identify, address, and adjudicate reasonably raised claims that are placed at issue in the course of addressing or adjudicating any claim, including evidence relating to entirely separate conditions never identified as part of a formal claim.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 245 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 245
To amend title 38, United States Code, to codify certain existing
provisions of law relating to effective dates for claims under the laws
administered by the Secretary of Veterans Affairs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2015
Mr. Abraham introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to codify certain existing
provisions of law relating to effective dates for claims under the laws
administered by the Secretary of Veterans Affairs, 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. CODIFICATION OF EFFECTIVE DATES FOR CLAIMS UNDER THE LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Definitions.--
(1) In general.--Section 5100 of title 38, United States
Code, is amended to read as follows:
``Sec. 5100. Definitions
``In this chapter:
``(1) The term `claimant' means any individual applying
for, or submitting a claim for, any benefit under the laws
administered by the Secretary.
``(2) The term `claim' means a communication in writing
requesting a determination of entitlement or evidencing a
belief in entitlement to a benefit under the laws administered
by the Secretary.
``(3) The term `formal claim' means a claim submitted on an
application form prescribed by the Secretary.
``(4) The term `informal claim' means a communication in
writing requesting a determination of entitlement or evidencing
a belief in entitlement, to a benefit under the laws
administered by the Secretary that--
``(A) is submitted in a format other than on an
application form prescribed by the Secretary;
``(B) indicates an intent to apply for one or more
benefits under the laws administered by the Secretary;
``(C) identifies the benefit sought;
``(D) is made or submitted by a claimant, his or
her duly authorized representative, a Member of
Congress, or another person acting on behalf of a
claimant who meets the requirements established by the
Secretary for such purpose; and
``(E) may include a report of examination or
hospitalization, if the report relates to a disability
which may establish such an entitlement.
``(5) The term `reasonably raised claim' means evidence of
an entitlement to a benefit under the laws administered by the
Secretary that is not explicitly raised in a claim but that is
logically placed at issue upon a sympathetic reading of the
claim and the record developed with respect to the claim.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 51 of such title is amended by striking
the item relating to section 5100 and inserting the following
new item:
``5100. Definitions.''.
(b) Informal Claims.--Section 5101(a) of such title is amended by
adding at the end the following new paragraph:
``(3)(A) Upon receipt of an informal claim, if a formal claim has
not been filed, the Secretary shall provide the claimant with an
application form on which the claimant may submit a formal claim. In
addition to all relevant communications relating to any claim, the
Secretary shall maintain in the claim file a dated copy of the letter
accompanying the application form sent to the claimant under this
subparagraph.
``(B) An informal request for increase or reopening of a claim
shall be accepted and treated in the same manner as a formal claim.''.
(c) Effective Dates.--Section 5110(a) of such title is amended--
(1) by striking ``Unless'' and inserting ``(1) Unless'';
and
(2) by adding at the end the following new paragraph:
``(2) In determining the date of the receipt of an application for
any benefit purposes of this section, the Secretary shall consider an
application to be filed on the date on which an informal communication
relating to such benefit is submitted, as long as the person claiming
or applying for the benefit files an application by not later than 180
days after the date on which the Secretary furnishes the person the
necessary application forms under section 5102 of this title. If the
person claiming or applying for the benefit fails to file an
application by the date that is 180 days after the date on which the
Secretary furnishes the person such necessary application forms, the
Secretary shall consider the application to be filed on the date on
which the completed application form is submitted.''.
(d) Reasonably Raised Claims.--
(1) In general.--Chapter 51 of such title is amended by
inserting after section 5103A the following new section:
``Sec. 5103B. Treatment of reasonably raised claims
``The Secretary shall identify, address, and adjudicate reasonably
raised claims that are placed at issue in the course of addressing or
adjudicating any claim, including evidence relating to entirely
separate conditions never identified as part of a formal claim.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5103A the following new item:
``5103B. Treatment of reasonably raised claims.''.
(e) Effective Date.--The amendments made by this Act shall take
effect on the date of the enactment of this Act and shall apply with
respect to a claim submitted on or after such date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Committee Hearings Held.
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