H.R. 3733, the Veterans’ Claims Continuation Act

Mr. Speaker, recently I introduced H.R. 3733, the Veterans’ Claims Continuation Act. This important measure would allow the families of veterans to continue claims for benefits which are pending at the time of a veteran’s death. This measure would also allow for continuation of other claims, such as a claim for Dependency and Indemnity Compensation (DIC) by surviving spouses or claims by children eligible for benefits because of birth defects attributable to their parent’s military service during the Vietnam War. This important legislation would assure that families receive the full benefits which would have been paid, if the claimant had survived.

Currently, if a veteran or other claimant dies while a claim is pending, the claim is extinguished. Under some circumstances, a new claim can be filed for “accrued benefits.” However, payment of accrued benefits is extremely limited. Benefits can only be paid to a limited category of survivors and only if all of the evidence supporting the claim is in the claimant’s file at the time of death. No more than two years of retroactive benefits can be paid.

The need for a change in law has been recognized by the United States Court of Appeals for Veterans Claims. In a particularly egregious case, Marlow v. West, 12 Vet. App. 548 (1999), the court noted that the daughter of a combat wounded World War II veteran who had been erroneously denied benefits between 1946 and 1980 was precluded from pursing his claim because the claim terminated at the veteran’s death. In its decision the Court noted that the original decision in the case was a clear and unmistakable error, but because of the veterans death, benefits otherwise due were not paid. The Court stated: “This is a case that causes one to understand the frustration of Charles Dickens’ character Mr. Bumble, when he proclaimed, ‘The law is an ass, an idiot.’” 12 Vet App. At 551. Veterans and their families are not served well by idiotic laws.

Currently, the Veterans Benefits Administration has a backlog of almost 600,000 claims and another 100,000 appeals to the Board of Veterans Appeals are awaiting action. While efforts are underway to reduce this backlog, it is inevitable that some claimants will die while their claims or appeals are pending. In some cases, veterans’ families have incurred substantial expenses and suffered financial hardship while the claims have been pending. If benefits are justified, these families should be made whole.

Older veterans have expressed concern that VA uses delaying tactics, hoping that the veteran will die before the claim is allowed. I have no evidence that this is so. However the inability of family members to continue the claim and the limitation on any benefits payable to a two-year period in current law, may erroneously give veterans this impression. Claims for other government benefits, such as Social Security benefits are not extinguished when a claimant dies. The families of veterans, who have served our Nation honorably, deserve no lesser rights than Social Security claimants.

Mr. Speaker, I also note that the Independent Budget for Fiscal Year 2003 had called upon Congress to eliminate the restriction on payment of accrued benefits. The Veterans’ Claims Continuation Act will accomplish that end and I strongly encourage my colleagues to cosponsor and support H.R. 3733.

Rep. Evans's Floor Statements