NEWS FROM….

CONGRESSMAN LANE EVANS

RANKING DEMOCRATIC MEMBER

COMMITTEE ON VETERANS AFFAIRS

    U.S. HOUSE OF REPRESENTATIVES

Washington, DC - "This year veterans have faced a disaster when they filed claims for service-connected compensation benefits," said Congressman Lane Evans of Illinois, Democratic Leader of the House Veterans Affairs Committee. "The Court of Appeals for Veterans Claims radically redefined the historic duty of the Department of Veterans Affairs to assist veterans in obtaining evidence relevant to their claims for veterans benefits." However, Evans’ Duty to Assist Veterans Act, H.R. 3193, with over 175 co-sponsors, promises to provide legislative relief. Evans’ initiative would reestablish the duty of the VA to assist veterans to prepare their claims for benefits. The bill also clarifies the burden of proof for these claims.

A July 14, 1999, ruling by the Court in Morton v. West overturned the long-standing responsibility of the VA to assist veterans in developing claims for VA benefits. Under the Court ruling -- which accepted VA’s arguments -- VA is now prohibited from assisting veterans with claims for VA benefits until after the veterans establish that their claims are "well grounded."

The Evans Duty to Assist Veterans Act, introduced last summer, has unanimous support from the Nation’s principal veterans service organizations. The Disabled American Veterans testified at a May 18 hearing that it "applauds and strongly supports this bill." Veterans of Foreign Wars, Vietnam Veterans of America, The American Legion, the Non-Commissioned Officers Association and Paralyzed Veterans of America have echoed this support for corrective legislation.

Under the Morton decision, the VA is prohibited from providing any assistance to a veteran who files a claim for service-connected disability compensation benefits until after the veteran submits evidence of a current medical disability, an in-service occurrence or aggravation of a disease or injury and medical evidence of a nexus, or connection, between the two.

A review of veterans’ files suggests mass confusion among VA Regional Office staff in interpreting these legal requirements. For example:

Under Congressman Evans’ 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 veteran of the information and evidence needed to fully develop the claim;
• telling 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.

Evans notes that his bill also makes clear that a person who submits a claim would have the burden of proving eligibility for that benefit. The 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 Morton decision.

"Today, veterans applying for benefits are becoming lost in a maze of conflicting case law and impossible Catch-22 scenarios," Evans said. "VA has stopped requesting medical and other relevant information from veterans’ physicians and other sources. Even VA doctors are refusing to provide veterans they are treating with the medical opinion needed to ‘well-ground’ the veteran’s claim."

The Court said in its Morton decision that if Congress didn’t agree with its interpretation, Congress could eliminate the requirement. VA’s Under Secretary for Benefits, Joseph Thompson, testified that VA has proposed corrective regulations. Veterans contend the proposed regulations do not fix the problem, and VA acknowledges that regulations cannot overrule the Court’s decision.

"The Court made a mistake," Evans said. "Assistance in establishing a benefits claim is critical if service-disabled veterans are to receive a fair decision. There is no question for me that VA should provide veterans this assistance. We need legislation now to secure VA’s duty to assist our veterans. It may be summertime, but support for my bill is snow-balling."