Veterans Claim Continuation Bill

[David]

Gimpy

Registered to :Aug 23, 2001
Messages :70
From :Tampa, FL
Posted 02-04-2002 at 11:05
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As you may be aware, if a veteran currently dies before their claim is decided, the claim ends and the veteran's family gets nothing. But
legislation has been introduced by Democrat Rep. Lane Evans to allow a veteran's family to continue the claim and be paid what the veteran is due. I
urge you to support "H.R. 3733 the Veterans Claims Continuation Act" .

Bill H.R. 3733 is Supported by The VFW as well as other veterans. Write Congress today.

The VA will continue to delay claims so as to allow old and infirmed veterans to die before their claim is finished, Bill H.R. 3733 will make that
tactic of no effect to the VA. Wwrite Congress today.

See text of Bill H.R. 3733 below

##### START BILL H.R. 3733 #####
Veterans' Claims Continuation Act (Introduced in the House)

HR 3733 IH

107th CONGRESS
2d Session



H. R. 3733

To amend title 38, United States Code, to allow for substitution of parties in the case of a claim for benefits provided by the Department of
Veterans Affairs when the applicant for such benefits dies while the claim is pending, and for other purposes.



IN THE HOUSE OF REPRESENTATIVES



February 13, 2002

Mr. EVANS (for himself and Mr. REYES) introduced the following bill; which was referred to the Committee on Veterans' Affairs





A BILL

To amend title 38, United States Code, to allow for substitution of parties in the case of a claim for benefits provided by the Department of
Veterans Affairs when the applicant for such benefits dies while the claim is pending, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Veterans' Claims Continuation Act'.

SEC. 2. CONTINUATION OF CLAIM AND SUBSTITUTION OF PARTIES UPON DEATH OF APPLICANT FOR BENEFITS.

(a) IN GENERAL- Chapter 51 of title 38, United States Code, is amended by adding at the end the following new section:

`Sec. 5127. Deaths of applicants for benefits: continuation of claims and substitution of parties

`(a) In the case of a claim for monetary benefits (other than insurance and servicemember's indemnity) under laws administered by the
Secretary that was submitted to the Secretary by a claimant who dies on or after the date of the enactment of the Veterans' Claims
Continuation Act and before a decision on that claim becomes final in accordance with section 7291 of this title, the claim shall not be
extinguished if, within one year of the claimant's death, an eligible person submits an application to the Secretary, or submits a motion to a
court with jurisdiction over the claim, to be substituted as the claimant in order to continue prosecution of that claim. The Secretary or the court,
as the case may be, shall approve any such application submitted by an eligible person.

`(b)(1) For purposes of this section and section 7270 of this title, subject to paragraph (2), the term `eligible person' means any of the following
individuals:

`(A) The surviving spouse.

`(B) Surviving children who have attained the age of 21.

`(C) A surviving parent.

`(D) The executor, administrator or other legal representative of the deceased claimant's estate.

`(E) The next of kin of the veteran.

`(2) In a case where more than one individual referred to in paragraph (1) submits an application or motion under subsection (a) to be
substituted as a claimant, the eligible person shall be determined in the order listed in subparagraphs (A) through (E) of paragraph (1).

`(c) Upon being notified of the death of a claimant, the Secretary shall send a notice to the estate of the decedent at the decedent's last know
address and to the authorized representative of the decedent, if any, informing the estate and the representative that the claim will be
dismissed unless an application for substitution as the claimant is received by the Secretary within one year of the claimant's death. If the
Secretary has actual knowledge of the name and last known address of the surviving spouse, surviving children, surviving parent, or the legal
representative of the decedent's estate, a copy of such notice shall be mailed or delivered to each such person. An application under this
section for substitution as the claimant on a claim must be filed within one year after the date of the claimant's death.

`(d) A person named as a substitute claimant under section (a) shall be accorded all the rights and responsibilities of the original claimant.

`(e) If benefits are payable as a result of a decision on a claim by a substituted claimant named under this section, such benefits shall be paid
as follows:

`(1) If the deceased claimant was claiming benefits as a veteran, to the living person first listed below:

`(A) The veteran's spouse.

`(B) The veteran's children (in equal shares).

`(C) The veteran's dependent parents (in equal shares).

`(2) If the deceased claimant was claiming benefits as the surviving spouse of a veteran, to the surviving children of the deceased veteran (in
equal shares).

`(3) If the deceased claimant was claiming benefits under chapter 18 of this title as the child of a veteran, to the surviving parents of the child
(in equal shares).

`(4) If there is no beneficiary who meets the criteria of paragraphs (1), (2), and (3) and in all other cases, to the decedent's estate, unless the
estate will escheat.

`(f) No part of any benefit payable to a person as a result of being substituted as the claimant on a claim under this section shall be used to
reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of the deceased claimant.

`(g) Upon the appointment of a substitute claimant, the Secretary shall notify the person substituted as the claimant as to the evidence or
information necessary to substantiate the pending claim. If such information or evidence is not received within one year from the date of such
notification, no benefits may be paid on the claim.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`5127. Deaths of applicants for benefits: continuation of claims and substitution of parties.'.

SEC. 3. PAYMENT OF ACCRUED BENEFITS APPLICABLE TO DEATHS BEFORE DATE OF ENACTMENT.

(a) IN GENERAL- Subsection (a) of section 5121 of title 38, United States Code, is amended--

(1) in the matter preceding paragraph (1), by striking `periodic monetary benefits' and all that follows through `be paid' and inserting `accrued
benefits of a deceased individual who died before the date of the enactment of the Veterans' Claims Continuation Act that are due and unpaid
for a period not to exceed two years shall be paid'; and

(2) in paragraph (5), by striking `only so much' and all that follows through `burial' and inserting `to the decedent's estate, unless the estate will
escheat'.

(b) DEFINITION OF ACCRUED BENEFITS- Such section is further amended by adding at the end the following new subsection:

`(d) For purposes of this section and section 5122 of this title, the term `accrued benefits', with respect to a deceased individual, means
periodic monetary benefits (other than insurance and servicemember's indemnity) under laws administered by the Secretary to which the
deceased individual was entitled at death under existing ratings or decisions or based on evidence in the file at date of death.'.

SEC. 4. SUBSTITUTION OF SURVIVOR IN CASES PENDING BEFORE A COURT.

(a) IN GENERAL- (1) Subchapter II of chapter 72 of title 38, United States Code, is amended by adding at the end the following new section:

`Sec. 7270. Cases pending on death of claimant: substitution of parties

`(a) If a claimant dies before filing an appeal under section 7266 of this title, an eligible person may file an appeal as a substituted claimant for
the decedent within the time period specified under section 7266 of this title. If an appellant or respondent dies while a claim is pending before
a court and before a final decision is rendered under section 7291 of this title, an eligible person may move the court for substitution of claimant
in the pending action. Any such appeal to the United States Court of Appeals for Veterans Claims or to the United States Court of Appeals for
the Federal Circuit must be filed within the time period prescribed by sections 7266 and 7292 of this title, respectively, or within one year of the
claimant's death, whichever is earlier.

`(b) In any case in which a final decision under section 7291 of this title has not been made, an eligible person may move a court to be
substituted as the appellant (or respondent as the case may be) for an appellant or respondent who dies while an appeal is pending. The court
shall, upon filing of a timely motion, appoint an eligible person to substitute as the claimant to continue prosecution or defense of that claim.

`(c) Nothing in this section shall require or authorize substitution for a deceased claimant if a final decision under section 7291 of this title has
been entered before the filing of a motion for substitution.

`(d) In this section, the term `eligible person' has the meaning given that term in section 5127(b) of this title.'.

(2) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

`7270. Cases pending on death of claimant: substitution of parties.'.

(b) EFFECTIVE DATE- Section 7270 of title 38, United States Code, as added by subsection (a), shall apply with respect to deaths of
claimants on or after the date of the enactment of this Act.
##### END #####


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Gimpy RIVERENE**MUD-GRUNT "I ain't no fortunate son"