Transparency for Wounded Warriors Act
This bill requires the Department of Veterans Affairs (VA) to provide specified information to a member of the uniformed services regarding a denial for traumatic injury benefits under the Servicemembers' Group Life Insurance program. Specifically, the bill requires the VA to provide the member with (1) the reason for the denial, including a description of all the information upon which the denial is based; and (2) an explanation and citation of the applicable laws, regulations, or policies upon which the denial is based. The bill also requires the VA to provide each favorable finding, which shall be binding on all subsequent reviews or appeals of the denial unless clear and convincing evidence is provided to rebut the finding.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8813 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8813
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to provide to a member of the uniformed services who
is denied a traumatic injury protection claim under Servicemembers'
Group Life Insurance certain information related to that denial.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 24, 2020
Mr. Kildee (for himself and Mr. Bergman) introduced the following bill;
which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to provide to a member of the uniformed services who
is denied a traumatic injury protection claim under Servicemembers'
Group Life Insurance certain information related to that denial.
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 ``Transparency for Wounded Warriors
Act''.
SEC. 2. DENIAL OF CLAIMS FOR TRAUMATIC INJURY PROTECTION UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE.
Section 1980A of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(l)(1) If a claim for benefits under this section is denied, the
Secretary concerned shall provide to the member at the same time as the
member is informed of such denial a description of the following:
``(A) Each reason for that denial, including a description
of all the information upon which the denial is based and a
description of the applicable laws, regulations, or policies,
with appropriate citations, and an explanation of how such
laws, regulations, or policies affected the denial.
``(B) Each finding that is favorable to the member.
``(2) Any finding favorable to the member as described in paragraph
(1)(B) shall be binding on all subsequent reviews or appeals of the
denial of the claim, unless clear and convincing evidence is shown to
the contrary to rebut such favorable finding.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
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