H. R. 5549
IN THE HOUSE OF REPRESENTATIVES
June 17, 2010
Mr. Donnelly of Indiana (for himself and Mr. Hall of New York) introduced the following bill; which was referred to the Committee on Veterans’ Affairs
To amend title 38, United States Code, to provide for expedited procedures for the consideration of certain veterans claims, and for other purposes.
This Act may be cited as
and Processing Individuals’ Disability Claims Act or the
Claims Act .
Waiver of claim development period for claims under laws administered by Secretary of Veterans Affairs
Section 5101 of title 38, United States Code, is amended by adding at the end the following new subsection:
If a claimant submits to the Secretary a claim that the Secretary determines is a fully developed claim, the Secretary shall provide—
the claimant with the opportunity to waive any claim development period otherwise made available by the Secretary with respect to such claim; and
expeditious treatment to such claim.
If a person submits to the Secretary any written notification sufficient to inform the Secretary that the person plans to submit a fully developed claim and, not later than one year after submitting such notification submits to the Secretary a claim that the Secretary determines is a fully developed claim, the Secretary shall provide expeditious treatment to the claim.
If the Secretary determines that a claim submitted by a claimant as a fully developed claim is not fully developed, the Secretary shall provide such claimant with the notice described in section 5103(a) within 30 days after the Secretary makes such determination.
For purposes of this section:
claim means a claim—
for which the claimant—
received assistance from a veterans service officer, a State or county veterans service organization, an agent, or an attorney; or
submits, together with the claim, an appropriate indication that the claimant does not intend to submit any additional information or evidence in support of the claim and does not require additional assistance with respect to the claim; and
for which the claimant or the claimant’s representative, if any, each signs, dates, and submits a certification in writing stating that, as of such date, no additional information or evidence is available or needs to be submitted in order for the claim to be adjudicated.
treatment means, with respect to a claim for benefits under the laws
administered by the Secretary, treatment of such claim so that the claim is
fully processed and adjudicated within 90 days after the Secretary receives an
application for such claim.
Appeals form availability
Subsection (b) of section 5104 of such title is amended—
and (2) and inserting
before the period at the end the following:
, and (3) any form or
application required by the Secretary to appeal such decision.
The amendments made by this Act shall apply with respect to claims submitted on or after the date of the enactment of this Act.