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NEWS FROM….

CONGRESSMAN LANE EVANS

RANKING DEMOCRATIC MEMBER

COMMITTEE ON VETERANS AFFAIRS

    U.S. HOUSE OF REPRESENTATIVES
Room 333 Cannon HOB For More Information Contact:
Washington, DC 20515 Bill Crandell @ 202-225-9756

FOR RELEASE: October 17, 2000

Evans-Led Effort To End "Catch-22" for Disabled Veterans Wins Congress’ Approval
Bipartisan Bill to Restore VA’s "Duty to Assist Veterans"
Adopted and Sent to President Clinton

Washington, DC – "A year after the Court of Appeals for Veterans Claims prohibited VA [the Department of Veterans Affairs] from assisting veterans in a Catch-22 ruling, Congress is overriding that decision," said Congressman Lane Evans of Illinois, Democratic Leader of the House Veterans Affairs Committee. "I introduced legislation to fix this mess right away. Today Congress has enacted the Veterans Claims Assistance Act of 2000."

The Court of Appeals for Veterans Claims, in Morton v. West, overturned VA’s long-standing responsibility to assist veterans in developing claims for compensation for service-connected disability and other benefits. The Court ruling prohibited VA from assisting until after the veterans themselves establish that their claims are "well grounded."

"Veterans have been in a classic Catch-22," Evans says. "If you can prove you’ve got a good case, the VA will help you prove you’ve got a good case. If you need help, they can’t help you."

Evans swiftly introduced the "Duty to Assist Veterans Act" last year, despite opposition from the VA. The bill enacted today -- Veterans Claims Assistance Act of 2000, H.R. 4864 -- is the work of members of the House and Senate Veterans Affairs Committees, the veterans service organizations and the administration. It has broad bipartisan support.

All the critical provisions of the Evans "Duty to Assist Veterans Act" have been incorporated into H.R. 4864. These include:

"The duty to assist language is intended to provide VA the flexibility to make whatever reasonable efforts are needed in order to properly adjudicate a particular claim, Evans said. If a pension applicant needs a medical examination to determine disability, I fully expect VA to provide a medical examination. If a medical evaluation or opinion is needed to resolve conflicts in the medical evidence, I fully expect VA to obtain the requisite examination or opinion," he explained. Veterans whose claims were rejected as "not well-grounded" under the Morton decision can request to have their claims re-adjudicated under the new law.

"Look, there’s not much more important work Congress can do than making sure we compensate our disabled veterans fairly, quickly and accurately," said Evans. "These men and women have made the painful sacrifices that have kept America free. This is a significant repair for a troubled system, and I am proud to have been part of it."

-Summary to Follow-

Veterans Claims Assistance Act of 2000
H.R. 4864, as amended

TITLE: To amend title 38, United States Code, to reaffirm and clarify the duty of the Secretary of Veterans Affairs to assist claimants for benefits under laws administered by the Secretary, and for other purposes.

H.R. 4864, as amended, would:

  1. Define a "claimant" who would be eligible to receive assistance from the Secretary as any person seeking veterans’ benefits.
  2. Require the Secretary to furnish all instructions and forms necessary when a request is made, or intent expressed, by any person applying for veterans benefits.
  3. Require the Secretary to notify the veteran of any information or evidence needed in order to substantiate the claim.
  4. Eliminate the requirement that a claimant submit a "well-grounded" claim before the Secretary can assist in obtaining evidence. (In the context of claims for service-connected disability benefits, a "well-grounded" claim is one that has evidence of in-service injury or disease, a diagnosis of a current disability or disease, and a medical opinion that the current disability or disease is related to the in-service injury or disease).
  5. Require the Secretary to make reasonable efforts to assist a claimant and obtain evidence and relevant records that the claimant identifies and authorizes the Secretary to obtain, unless there is no reasonable possibility that assistance would aid in substantiating the claim.
  6. For service-connected disability compensation claims, require the Secretary to 1) obtain existing service medical records and other relevant records pertaining to the claimant’s active military, naval, or air service that are maintained by a governmental entity if the claimant provides sufficient information to locate them, and 2) provide a medical examination or obtain a medical opinion when such an examination (or opinion) is necessary to make a decision on the claim.
  7. Require other Federal agencies to furnish relevant records to the Department at no cost to the claimant.
  8. Require the Secretary to consider all information and lay and medical evidence of record. The Secretary would be required to give the benefit of the doubt to the claimant when there is an approximate balance of positive and negative evidence regarding an issue material to the determination of a matter.

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