December 15, 1999

Cosponsor H.R. 3193, the Duty to Assist Veterans Act of 1999

 

Dear Colleague:

Recently, I introduced H.R. 3193, the Duty to Assist Veterans Act of 1999. I invite you to become a cosponsor of this important measure.

The Duty to Assist Veterans Act of 1999 will reestablish in law the duty of the Department of Veterans Affairs (VA) to assist veterans prepare their claims for benefits. In addition, H.R. 3193 would clarify the burden of proof for veterans filing claims for benefits and eliminate the current requirement for a claim to be "well-grounded".

Earlier this year a ruling by the Court of Appeals for Veterans Claims in Morton v. West overturned the long-standing responsibility of the VA to assist veterans develop their claims for VA benefits. Under this erroneous court interpretation, VA is prohibited from assisting veterans prepare their claims until after veterans have established a claim that is "well grounded". In its Morton v. West decision, the court made a mistake.

For many veterans and their families filing a claim for VA benefits can be overwhelming. To receive fair decisions on benefit claims it is critical that veterans obtain proper evidence, such as medical records during and after military service. Clearly, VA should assist veterans obtain this needed information before a decision is made on a benefits claim.

Under H.R. 3193, VA would be required to assist veterans obtain the evidence they need to receive fair decisions on claims for VA benefits. This assistance includes:

requesting information from military and VA records;

informing the veteran claimant of the information and evidence needed to fully develop the claim;

informing the veteran if the VA is unable to obtain pertinent evidence, such as service medical records; and,

providing a medical examination to determine the current disability of any veteran who is unable to afford medical care.

While eliminating the requirement that a veteran submit a well-grounded claim*, H.R. 3193 does provide that a veteran submitting a claim for benefits would continue to have the burden of proving his or her eligibility for that benefit. For example, the veteran would still be required to show a "nexus" or connection between a current disability and a disability or event in military service in order to establish eligibility for service-connected compensation. That burden could be satisfied by meeting the requirements of any presumption provided by law or regulation applicable to the claim. The bill would apply to any claim filed with the VA on or after July 14, 1999, the date of the Court's decision in the Morton case.

If you would like to become a cosponsor of H.R. 3193 or have questions regarding this legislation, please contact Mary Ellen McCarthy or Beth Kilker at 225-9756.

Sincerely,

LANE EVANS
Ranking Democratic Member

 

*Under the Morton case, VA cannot provide assistance to veterans filing a claim for benefits unless the claim is determined to be "well-grounded." Although a "well-grounded" claim is not defined, in order to meet the well-grounded claim requirement, a veteran claiming a service-connected disability must demonstrate that he or she has a current disability, that he or she incurred or aggravated a disability during military service, and that the current disability is related to the in-service disability. Once each of these requirements is met, eligibility for service-connection would likely follow. H.R. 3193 removes the "well-grounded" claim requirement to assure that veterans are not presented with a significant barrier in establishing their claims.

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