FOR RELEASE: November 10, 1999

Evans Legislation would Reestablish VA Duty to Assist Veterans with Benefit Claims

Bill sets aside court ruling

Washington, DC – Lane Evans of Illinois, Democratic Leader of the House Veterans Affairs Committee has introduced the Duty to Assist Veterans Act of 1999, H.R. 3193. Evans said, "The Duty to Assist bill would reestablish the duty of the Department of Veterans Affairs (VA) to assist veterans in preparing claims for benefits" and also clarifies the burden of proof for these claims.

This summer, a ruling by the Court of Appeals for Veterans Claims in Morton v. West overturned the long-standing responsibility of the Department of Veterans Affairs (VA) to assist veterans in developing claims for VA benefits. Under the court ruling, VA is prohibited from assisting veterans with claims until after the veterans establish that their claims are well grounded. "I believe the Court made a mistake. Assistance in establishing a well-grounded claim is precisely the help VA should be providing our veterans," Evans said. "Establishing a well-grounded claim is critical if veterans are to receive a fair decision of a benefits claim. There is no question for me that VA should provide veterans this assistance."

Under the proposed legislation, the VA would be required to assist any veteran who submits a claim for veterans’ benefits to develop information pertinent to a decision on the claim. That assistance would include:

• requesting information from military and VA records;
• informing the 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.

The bill also clarifies the burden of proof. A person who submits a claim would have the burden of proving eligibility for that benefit. 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.

Congressman Evans is supported by several co-sponsors – Bob Filner (D-CA), Mike Doyle (D-PA), Ciro Rodriguez (D-TX), Ronnie Shows (D-MS), Julia Carson (D-IL), Shelley Berkley (D-NV), Neil Abercrombie (D-HI) and Tim Holden (D-PA). The bill has been referred to the House Committee on Veterans' Affairs.

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