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United States · Law · HR

H.R. 4864 (106th)

Veterans Claims Assistance Act of 2000

enactedUnited States· United States Congress· EN

Introduced

17 July 2000

Last action

Status

Became Public Law No: 106-475.

Sponsors

Subjects

Discovery layer

Source updated

7 April 2025

Summary

Veterans Claims Assistance Act of 2000 - Amends Federal veterans benefits provisions to require the Secretary of Veterans Affairs to take specified steps to assist claimants. Requires the Secretary: (1) to notify a claimant whose application is incomplete of the evidence necessary to complete the application (existing law), including the information and medical and lay evidence necessary to substantiate the claim and, as part of such notice, to indicate which portion of such evidence is to be provided by the claimant and which portion the Secretary will attempt to obtain on behalf of the claimant; (2) to make reasonable efforts to assist in obtaining evidence necessary to establish a claimant's eligibility for a benefit (but allows the Secretary to decide a claim without providing such assistance when no reasonable possibility exists that such assistance will aid in the establishment of eligibility) and to obtain relevant records that the claimant adequately identifies to the Secretary and authorizes the Secretary to obtain; and (3) to inform the claimant whenever the Secretary is unable to obtain such records and to request the claimant to notify the Secretary if the claimant intends to obtain such records independently. Requires, in the case of a veteran's claim for disability compensation, the Secretary to: (1) obtain the claimant's existing service medical records and, if the claimant has furnished sufficient information, other relevant service records, existing records of relevant medical treatment or examination of the veteran at Department of Veterans Affairs health care facilities or at the expense of the Department, and specified information to be furnished by other agencies; and (2) provide a medical examination or obtain a medical opinion when the evidence of record before the Secretary establishes that the claimant has a current disability or has current symptoms and that there was an event, injury, or disease (or combination thereof) during the claimant's active military, naval, or air service capable of causing or aggravating the claimant's current disability or symptoms, but is insufficient to establish service-connection. (Sec. 4) Places on the claimant the burden of proving entitlement to benefits (currently, of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is well grounded). (Sec. 5) Prohibits any Federal department or agency from imposing any charge for providing to the Secretary information for purposes of determining benefit eligibility. (Sec. 6) Provides for: (1) the applicability of provisions of this Act concerning the burden of proof to claims filed before, and not final as of, the date of enactment of this Act; and (2) the readjudication of claims for benefits that were denied, because the claims were not well grounded, during the period between July 14, 1999, and this Act's enactment date.

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Documents

17 official files

Enrolled Bill (text)

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