H. Rpt. 119-102 accompanies veterans affairs legislation titled "Veterans Claims Education Act of 2025". Veterans bills address VA healthcare, disability benefits, education assistance, home loans, mental health services, or military-to-civilian transition programs. The Armed Services Committee's report documents specific improvements to veterans' services, expansion of benefits, or responses to identified problems in VA programs. Veterans legislation frequently enjoys bipartisan support, though reports may still contain different views on implementation and funding.
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House Report 119-102 - VETERANS CLAIMS EDUCATION ACT OF 2025
[House Report 119-102]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-102
======================================================================
VETERANS CLAIMS EDUCATION ACT OF 2025
_______
May 19, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bost, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 1578]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1578) to amend title 38, United States Code, to
promote assistance from persons recognized by the Secretary of
Veterans Affairs for individuals who file certain claims under
laws administered by the Secretary, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 5
Subcommittee Consideration....................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
Statement of General Performance Goals and Objectives............ 6
Earmarks and Tax and Tariff Benefits............................. 6
Committee Cost Estimate.......................................... 6
Budget Authority and Congressional Budget Office Estimate........ 6
Federal Mandates Statement....................................... 9
Advisory Committee Statement..................................... 9
Applicability to Legislative Branch.............................. 9
Statement on Duplication of Federal Programs..................... 9
Section-by-Section Analysis of the Legislation................... 10
Changes in Existing Law Made by the Bill, as Reported............ 10
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Claims Education Act of
2025''.
SEC. 2. PROMOTION OF ASSISTANCE FROM PERSONS RECOGNIZED BY THE
SECRETARY OF VETERANS AFFAIRS FOR INDIVIDUALS WHO
FILE CERTAIN CLAIMS UNDER LAWS ADMINISTERED BY THE
SECRETARY.
(a) Notice to Claimants of Available Assistance From Recognized
Persons.--Section 5103A of title 38, United States Code, is amended--
(1) by redesignating subsections (g) through (i) as
subsections (i) through (k), respectively;
(2) by inserting after subsection (f) the following new
subsections:
``(g) Upon receipt of an initial claim by a claimant not represented
by an accredited person, the Secretary shall provide notice to the
claimant that--
``(1) an accredited person may be able to represent the
claimant;
``(2) a veterans service organization recognized under
section 5902 of this title may represent the claimant at no
charge to the claimant;
``(3) provides the web address of the online tool maintained
under subsection (h); and
``(4) provides the web address of an appropriate and publicly
accessible website of the Department through which a claimant
may report--
``(A) a person, who is not an accredited person, who
represented the claimant; and
``(B) any fee charged by such person for such
representation.
``(h)(1) The Secretary shall maintain an online tool that allows a
claimant to search a list of accredited persons who represent
claimants.
``(2) The Secretary shall ensure that such list is current at least
once each calendar quarter.
``(3) The Secretary shall ensure that such tool is easily accessible
to a claimant.''; and
(3) by adding at the end the following new subsection:
``(l) In this section:
``(1) The term `accredited person' means--
``(A) a veterans service organization recognized
under section 5902 of this title; or
``(B) an attorney, agent, or other person recognized
under section 5904 of this title.
``(2) The term `represent' means to prepare, present, or
prosecute a claim under a law administered by the Secretary on
behalf of a claimant.''.
(b) Online Information Regarding Persons That Assist Claimants.--The
Secretary of Veterans Affairs shall include, in each web portal of the
Department of Veterans Affairs, through which an individual may file a
claim for a benefit administered by the Under Secretary for Benefits or
the Under Secretary for Health, a warning regarding fees an agent or
attorney may charge such individual for assistance in filing such
claim. Such warning shall include the following:
(1) A link to the online tool maintained under subsection (h)
of section 5103A of such title, as amended by subsection (a).
(2) A link to the website of the Department described in
subparagraph (D) of section 5103A(f)(1) of such title, as
amended by subsection (a).
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Secretary shall--
(1) complete a review the regulations, processes, and
procedures of the Department of Veterans Affairs that pertain
to recognition under section 5904 of title 38, United States
Code;
(2) develop recommendations for legislative or administrative
action to improve such regulations, processes, and procedures;
and
(3) submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report containing the
findings of the Secretary with respect to the review completed
under paragraph (1) and the recommendations developed under
paragraph (2).
SEC. 3. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is amended by
striking ``November 30, 2031'' and inserting ``March 31, 2032''.
Purpose and Summary
H.R. 1578, the ``Veterans Claims Education Act of 2025,''
was introduced by Rep. Scott Peters of California on February
25, 2025. The bill, as amended, would require the Department of
Veterans Affairs (VA), upon the filing of a veteran's initial
claim for VA benefits, to notify the veteran of the
availability of accredited representatives, and provide them
information as to how to find accredited representatives who
may be able to assist them with their claim for VA benefits.
The bill, as amended, would also provide veterans with
information on what fees may be charged for representation and
how to report unaccredited individuals or private companies who
charge a fee. It would also require VA to review the policies
and procedures related to accreditation and submit those
findings to Congress.
The bill, as amended, would also provide an offset for the
cost of this bill by extending the current law restricting the
amount of pension paid to VA pension beneficiaries who are
admitted to a VA or Medicaid sponsored nursing facility.
Background and Need for Legislation
Section 1: Short Title
This Act may be cited as the ``Veterans Claims Education
Act of 2025.''
Section 2: Promotion of Assistance from Persons Recognized by the
Secretary of Veterans Affairs for Individuals who File Certain
Claims under Laws Administered by the Secretary
Under current law, certain agents, attorneys, and veteran
service organizations (VSOs) are recognized and therefore
accredited by the Department of Veterans Affairs (VA) as being
`qualified' to represent veterans and their families in their
claims for VA benefits. Specifically, these accredited
representatives may assist a veteran with preparing,
presenting, or prosecuting an initial claim for benefits at no
cost. VSOs have informed the Committee that the VA Office of
General Counsel's (OGC) website's online search tool has
outdated information on accredited representatives, and that
veterans therefore have difficulty finding accredited
representatives to assist them.
At a March 26, 2025, Subcommittee on Disability Assistance
and Memorial Affairs legislative hearing,\1\ the Committee
heard from Veteran Service Organizations and veterans'
advocates that veterans need information on how to find
accredited representatives to help them with their initial
claims at no cost. In a statement for the record for the March
26, 2025, legislative hearing, Paralyzed Veterans of America
(PVA) stated: ``The VA should ensure that any veteran who files
a claim be provided the contact information of accredited
agents who can help them and answer their questions, steering
them away from unaccredited agents.''\2\
---------------------------------------------------------------------------
\1\Subcommittee on Disability Assistance and Memorial Affairs
Legislative Hearing | House Committee on Veterans Affairs.
\2\Statement for the Record of Paralyzed Veterans of America,
(March 26, 2025), HHRG-119-VR09-20250326-SD003.pdf (house.gov).
---------------------------------------------------------------------------
In her written testimony for the March 26, 2025,
legislative hearing, Ms. Diane Boyd Rauber, Executive Director
for the National Organization of Veterans' Advocates, stated:
``This bill would provide information to veterans,
family members, survivors, and caregivers to help them
understand and select accredited representation if they
seek assistance with their claims. Given the ongoing
problem of unaccredited claims consultants, this
information can save claimants from receiving
potentially incorrect and costly assistance from
unaccredited actors.''\3\
---------------------------------------------------------------------------
\3\Diane Boyd Rauber, Testimony of NOVA (March 26, 2025), HHRG-119-
VR09-Wstate-BoydRauberD-20250326.pdf (house.gov).
In a statement for the record for the March 26, 2025,
legislative hearing, the Tragedy Assistance Program for
---------------------------------------------------------------------------
Survivors (TAPS) stated:
``This critical legislation would ensure that the VA
informs all claimants of accredited assistance if an
accredited representative did not help with the claim.
Those representatives would be at no cost to the
claimant. Additionally, it would create a tool similar
to the GI Bill Comparison Tool that would provide the
information of accredited VSOs that can assist with
claims. It would also allow claimants to report any
non-accredited representation they received that
charged an illegal fee.''\4\
---------------------------------------------------------------------------
\4\Statement for the Record of Tragedy Assistance Program for
Survivors, (March 26, 2025), HHRG-119-VR09-20250326-SD004.pdf
(house.gov).
To address these issues, this section would require VA,
upon receipt of an initial claim by a veteran not represented
by an accredited person, to notify the veteran of the
availability of accredited representatives, including those
that assist veterans and their families at no cost. This
section would also require that VA maintain and update an
online tool for veterans to search for accredited
representatives. It would also require VA to warn veterans, on
each web portal through which claimants file claims, about the
fees that agents and attorneys may charge. Finally, this
section would require VA to review the regulations, processes,
and procedures pertaining to accreditation; develop
recommendations for legislative or administrative action that
would improve those regulations, processes, and procedures; and
submit a report of those findings to Congress.
The Committee believes that this legislation is important
to ensure veterans understand that they have the option for
accredited representation, including accredited representation
at no cost. The Committee also believes this legislation is
critical to ensuring that veterans can easily find an
accredited representative should they want to and that they
have the resources they may need to report an unaccredited
person who charged them a fee.
Section 3: Extension of Certain Limits on Payments of Pension
Under current law (38 U.S.C. Sec. 5503(d)), the amount of
VA pension paid to veterans having no spouse nor child,
veterans' surviving spouses having no child, and veterans'
children who are admitted to a VA or Medicaid sponsored nursing
facility is capped at $90 a month. This section would cover the
costs of the other sections of this bill by extending this
pension limitation by four months to March 31, 2032. Because
they receive government sponsored care in a nursing home, these
pension beneficiaries do not require the full amount of pension
to cover their cost of living. The Committee believes this
short-term extension of the current limit on pension payments
is a reasonable way to cover the costs associated with the
other sections of this bill.
Hearings
On March 26, 2025, the Subcommittee on Disability
Assistance and Memorial Affairs held a legislative hearing on
H.R. 1578 and other bills that were pending before the
subcommittee.
The following witnesses testified:
The Honorable Keith Self, U.S. House of
Representatives; The Honorable Young Kim, U.S. House of
Representatives; The Honorable August Pfluger, U.S.
House of Representatives; The Honorable Rudy Yakym III,
U.S. House of Representatives; The Honorable Tom
Barrett, U.S. House of Representatives; The Honorable
Robert P. Bresnahan, U.S. House of Representatives;
Mrs. Patricia Krisfalusy-Maxon, Sister of Master
Sergeant Dennis Krisfalusy, U.S. Air Force (Retired);
Colonel Andrew Shurtleff, U.S. Air Force (Retired); Ms.
Diane Boyd Rauber, Executive Director, National
Organization of Veterans' Advocates; Ms. Lesley Witter,
Senior Vice President, Advocacy, National Funeral
Directors Association; Ms. Kenesha Britton, Assistant
Deputy Undersecretary, Field Operations, Veterans
Benefits Administration, U.S. Department of Veterans
Affairs; Ms. Jocelyn Moses, Senior Principal Advisor,
Compensation Service, Veterans Benefits Administration,
U.S. Department of Veterans Affairs; Ms. Lisa Pozzebon,
Executive Director, Cemetery Operations, National
Cemetery Administration, U.S. Department of Veterans
Affairs; and Mr. Evan Deichert, Acting Deputy Vice
Chairman, Board of Veterans' Appeals, U.S. Department
of Veterans Affairs.
The following individuals and organizations submitted
statements for the record:
Disabled American Veterans (DAV); Paralyzed Veterans
of America (PVA); Tragedy Assistance Program for
Survivors (TAPS); Veterans of Foreign Wars of the
United States (VFW); and the American Federation of
Government Employees, AFL-CIO (AFGE).
Subcommittee Consideration
On April 9, 2025, the Subcommittee on Disability Assistance
and Memorial Affairs met in an open markup session to consider
H.R. 1578. There were no amendments offered to H.R. 1578. A
motion made by Ranking Member McGarvey to favorably forward
H.R. 1578 to the full Committee was agreed to by voice vote.
Committee Consideration
On May 6, 2025, the full Committee met in an open markup
session with a quorum being present, and ordered H.R. 1578, as
amended, be reported favorably to the House of Representatives
by voice vote. During consideration of the bill, the following
amendments were considered:
An amendment in the nature of a substitute offered by
Ranking Member Takano to extend the current limit on
the amount of pension payable to VA pension
beneficiaries who currently have VA or Medicaid
sponsored nursing care. The amendment in the nature of
a substitute was adopted by voice vote.
A motion by Ranking Member Takano to report H.R. 1578, as
amended, favorably to the House of Representatives, was agreed
to by voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, no recorded votes were taken on
amendments or in connection with ordering H.R. 1578, as
amended, reported to the House.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives of H.R. 1578, as amended, are to ensure
veterans understand opportunities for representation by an
accredited person or veteran service organization (VSO) when
filing an initial claim for benefits.
Earmarks and Tax and Tariff Benefits
H.R. 1578, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the Congressional Budget
Office cost estimate on this measure.
Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause (3)(c)(3) of rule XIII of the Rules of
the House of Representatives, the following is the cost
estimate for H.R. 1969, as amended, provided by the
Congressional Budget Office (CBO) pursuant to section 402 of
the Congressional Budget Act of 1974:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The bill would:
Require the Department of Veterans Affairs
(VA) to provide information about accredited
individuals and organizations that assist with VA
benefits claims
Extend the reduction of pensions VA pays to
veterans and survivors residing in Medicaid nursing
homes
Estimated budgetary effects would mainly stem from:
Updating information technology systems
necessary to notify applicants about accredited
representation for claims assistance and to update VA
websites
Reducing VA pension payments
Bill summary: H.R. 1578 would require the Department of
Veterans Affairs (VA) to inform veterans and their survivors
about accredited individuals and organizations that may be able
to help them with claims for VA benefits. The bill also would
extend the reduction of pension payments for veterans and
survivors who reside in Medicaid nursing homes.
Estimated Federal cost: The estimated budgetary effect of
H.R. 1578 is shown in Table 1. The costs of the legislation
fall within budget functions 550 (health) and 700 (veterans
benefits and services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 1578
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
---------------------------------------------------------------------------------------------------
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2025-2030 2025-2035
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES OR DECREASES (-) IN DIRECT SPENDING
Estimated Budget Authority.......................... * 1 * 1 * * 1 -16 * * 1 2 -12
Estimated Outlays................................... * 1 * 1 * * 1 -16 * * 1 2 -12
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization............................. 1 4 1 * 1 1 * 1 1 1 * 8 11
Estimated Outlays................................... * 3 3 * 1 1 * 1 1 1 * 8 11
--------------------------------------------------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.
Basis of estimate: For this estimate, CBO assumes that H.R.
1578 will be enacted in fiscal year 2025 and that outlays will
follow historical spending patterns for affected programs.
Provisions that affect spending subject to appropriation
and direct spending: Section 2 would require VA to provide
additional information about VA-accredited individuals and
organizations. Specifically, VA must:
Maintain an online tool that allows people
claiming VA benefits to search for accredited
representatives that may assist with those claims;
Notify applicants for VA benefits about VA-
accredited representation if the claimant's initial
application does not indicate they have such
representation; and
On each web page of the department through
which an individual may file a benefits claim, provide
information about limitations on fees that potential
representatives may charge applicants.
The department maintains a web portal through which
claimants can search for accredited representation for benefit
claims. Thus, that requirement would have no budgetary effect.
Using information from the department, CBO estimates that VA
would require additional information technology (IT) resources
to notify claimants of available representation and to update
each affected website with information on fee limitations. On
the basis of that information, CBO estimates that upgrades and
maintenance to the IT system would cost $15 million over the
2025-2035 period.
CBO expects that some of the costs of implementing the bill
would be paid from the Toxic Exposures Fund (TEF) established
by Public Law 117-168, the Honoring our PACT Act. The TEF is a
mandatory appropriation that VA uses to pay for health care,
disability claims processing, medical research, and IT
modernization that benefit veterans who were exposed to
environmental hazards. Additional spending from the TEF would
occur if legislation increases the costs of similar activities
that benefit veterans with such exposure. Thus, in addition to
increasing spending subject to appropriation, enacting section
2 would increase amounts paid from the TEF, which are
classified as direct spending.
CBO projects that the proportion of costs paid by the TEF
will grow over time based on the amount of formerly
discretionary appropriations that CBO expects will be provided
through the mandatory appropriation as specified in the
Honoring our PACT Act.\1\ CBO estimates that over the 2025-2035
period, implementing section 2 would increase spending subject
to appropriation by $11 million and direct spending by $4
million.
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\1\For additional information about estimated spending from the
TEF, see CBO's most recent table with details about baseline
projections: https://www.cbo.gov/system/files/2025-01/60044-2025-01-
tef.pdf.
---------------------------------------------------------------------------
Direct Spending: In addition to expanding benefits that
would partly be covered by the TEF, CBO estimates that enacting
the bill would affect direct spending by reducing pension
payments to veterans and survivors who reside in Medicaid
nursing homes. In total, the bill would decrease net direct
spending by $12 million over the 2025-2035 period.
Under current law, VA reduces pension payments to veterans
and survivors who reside in Medicaid nursing homes to $90 per
month. That required reduction expires November 30, 2031.
Section 3 would extend that reduction for four months, through
March 31, 2032. CBO estimates that extending that requirement
would reduce VA benefits by $10 million per month. (Those
benefits are paid from mandatory appropriations and are
therefore considered direct spending.) As a result of that
reduction in beneficiaries' income, Medicaid would pay more of
the cost of their care, increasing spending for that program by
$6 million per month. Thus, enacting section 3 would reduce net
direct spending by $16 million over the 2025-2035 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in Table 1.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting H.R. 1578 would not increase net direct
spending by more than $2.5 billion in any of the four
consecutive 10-year periods beginning in 2036.
CBO estimates that enacting H.R. 1578 would not increase
on-budget deficits by more than $5 billion in any of the four
consecutive 10-year periods beginning in 2036.
Mandates: The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act.
Estimate prepared by: Federal costs: Logan Smith; Mandates:
Lucy Marret.
Estimate reviewed by: David Newman, Chief, Defense,
International Affairs, and Veterans' Affairs Cost Estimates
Unit; Christina Hawley Anthony, Deputy Director of Budget
Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4 is inapplicable to H.R. 1578, as
amended.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1578, as amended.
Applicability to Legislative Branch
The Committee finds that H.R. 1578, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1578, as amended, would establish or reauthorize a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 would establish the short title of the bill as
the ``Veterans Claims Education Act of 2025.''
Section 2: Promotion of assistance from persons recognized by the
Secretary of Veterans Affairs for individuals who file certain
claims under laws administered by the Secretary
Section 2 would amend section 5103A of title 38, U.S. Code,
to require, in cases where a veteran files an initial claim for
benefits without representation by an accredited
representative, VA to notify the veteran regarding (1) the
availability of accredited representatives, including
representation at no charge; (2) the online tool where they may
search for accredited representatives; and, (3) the website
where a veteran may report an unaccredited person or private
company who charged a fee for representation. This section
would also require VA to maintain that online tool and update
the accredited representatives listed in that tool quarterly.
Section 2 would require VA to include, in each VA web
portal through which veterans or their representatives file
claims, a warning regarding the fees that an agent or attorney
may charge such individuals for assistance in filing claims.
Such a warning would include a link to the above-mentioned
online search tool and the above-mentioned website where a
veteran may report an unaccredited person or private company
who charged a fee.
Section 2 would also require VA, no later than 180 days
after the enactment of this bill, to review the regulations,
processes, and procedures pertaining to VA accreditation;
develop recommendations for legislative or administrative
action that would improve those regulations, processes, and
procedures; and submit a report of those findings to the House
and Senate Committees on Veterans' Affairs.
Section 3: Extension of certain limits on payments of pension
Section 3 would extend the limitation of pension payable to
certain veterans, their surviving spouses, and their children
as established in section 5503(d)(7) of title 38, United States
Code, from November 30, 2031, to March 31, 2032.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER I--CLAIMS
* * * * * * *
Sec. 5103A. Duty to assist claimants
(a) Duty To Assist.--(1) The Secretary shall make reasonable
efforts to assist a claimant in obtaining evidence necessary to
substantiate the claimant's claim for a benefit under a law
administered by the Secretary.
(2) The Secretary is not required to provide assistance to a
claimant under this section if no reasonable possibility exists
that such assistance would aid in substantiating the claim.
(3) The Secretary may defer providing assistance under this
section pending the submission by the claimant of essential
information missing from the claimant's application.
(b) Assistance in Obtaining Private Records.--(1) As part of
the assistance provided under subsection (a), the Secretary
shall make reasonable efforts to obtain relevant private
records that the claimant adequately identifies to the
Secretary.
(2)(A) Whenever the Secretary, after making such reasonable
efforts, is unable to obtain all of the relevant records
sought, the Secretary shall notify the claimant that the
Secretary is unable to obtain records with respect to the
claim. Such a notification shall--
(i) identify the records the Secretary is unable to
obtain;
(ii) briefly explain the efforts that the Secretary
made to obtain such records; and
(iii) explain that the Secretary will decide the
claim based on the evidence of record but that this
section does not prohibit the submission of records at
a later date if such submission is otherwise allowed.
(B) The Secretary shall make not less than two requests to a
custodian of a private record in order for an effort to obtain
relevant private records to be treated as reasonable under this
section, unless it is made evident by the first request that a
second request would be futile in obtaining such records.
(3)(A) This section shall not apply if the evidence of record
allows for the Secretary to award the maximum benefit in
accordance with this title based on the evidence of record.
(B) For purposes of this paragraph, the term ``maximum
benefit'' means the highest evaluation assignable in accordance
with the evidence of record, as long as such evidence is
adequate for rating purposes and sufficient to grant the
earliest possible effective date in accordance with section
5110 of this title.
(4) Under regulations prescribed by the Secretary, the
Secretary--
(A) shall encourage claimants to submit relevant
private medical records of the claimant to the
Secretary if such submission does not burden the
claimant; and
(B) in obtaining relevant private records under
paragraph (1), may require the claimant to authorize
the Secretary to obtain such records if such
authorization is required to comply with Federal,
State, or local law.
(c) Obtaining Records for Compensation Claims.--(1) In the
case of a claim for disability compensation, the assistance
provided by the Secretary under this section shall include
obtaining the following records if relevant to the claim:
(A) The claimant's service medical records and, if
the claimant has furnished the Secretary information
sufficient to locate such records, other relevant
records pertaining to the claimant's active military,
naval, air, or space service that are held or
maintained by a governmental entity.
(B) Records of relevant medical treatment or
examination of the claimant at Department health-care
facilities or at the expense of the Department, if the
claimant furnishes information sufficient to locate
those records.
(C) Any other relevant records held by any Federal
department or agency that the claimant adequately
identifies and authorizes the Secretary to obtain.
(2) Whenever the Secretary attempts to obtain records from a
Federal department or agency under this subsection, the efforts
to obtain those records shall continue until the records are
obtained unless it is reasonably certain that such records do
not exist or that further efforts to obtain those records would
be futile.
(d) Medical Examinations for Compensation Claims.--(1) In the
case of a claim for disability compensation, the assistance
provided by the Secretary under subsection (a) shall include
providing a medical examination or obtaining a medical opinion
when such an examination or opinion is necessary to make a
decision on the claim.
(2) The Secretary shall treat an examination or opinion as
being necessary to make a decision on a claim for purposes of
paragraph (1) if the evidence of record before the Secretary,
taking into consideration all information and lay or medical
evidence (including statements of the claimant)--
(A) contains competent evidence that the claimant has
a current disability, or persistent or recurrent
symptoms of disability; and
(B) indicates that the disability or symptoms may be
associated with the claimant's active military, naval,
air, or space service; but
(C) does not contain sufficient medical evidence for
the Secretary to make a decision on the claim.
(e) Applicability of Duty to Assist.--(1) The Secretary's
duty to assist under this section shall apply only to a claim,
or supplemental claim, for a benefit under a law administered
by the Secretary until the time that a claimant is provided
notice of the agency of original jurisdiction's decision with
respect to such claim, or supplemental claim, under section
5104 of this title.
(2) The Secretary's duty to assist under this section shall
not apply to higher-level review by the agency of original
jurisdiction, pursuant to section 5104B of this title, or to
review on appeal by the Board of Veterans' Appeals.
(f) Correction of Duty to Assist Errors.--(1) If, during
review of the agency of original jurisdiction decision under
section 5104B of this title, the higher-level adjudicator
identifies or learns of an error on the part of the agency of
original jurisdiction to satisfy its duties under this section,
and that error occurred prior to the agency of original
jurisdiction decision being reviewed, unless the Secretary may
award the maximum benefit in accordance with this title based
on the evidence of record, the higher-level adjudicator shall
return the claim for correction of such error and
readjudication.
(2)(A) If the Board of Veterans' Appeals, during review on
appeal of an agency of original jurisdiction decision,
identifies or learns of an error on the part of the agency of
original jurisdiction to satisfy its duties under this section,
and that error occurred prior to the agency of original
jurisdiction decision on appeal, unless the Secretary may award
the maximum benefit in accordance with this title based on the
evidence of record, the Board shall remand the claim to the
agency of original jurisdiction for correction of such error
and readjudication.
(B) Remand for correction of such error may include directing
the agency of original jurisdiction to obtain an advisory
medical opinion under section 5109 of this title.
(3) Nothing in this subsection shall be construed to imply
that the Secretary, during the consideration of a claim, does
not have a duty to correct an error described in paragraph (1)
or (2) that was erroneously not identified during higher-level
review or during review on appeal with respect to the claim.
(g) Upon receipt of an initial claim by a claimant not
represented by an accredited person, the Secretary shall
provide notice to the claimant that--
(1) an accredited person may be able to represent the
claimant;
(2) a veterans service organization recognized under
section 5902 of this title may represent the claimant
at no charge to the claimant;
(3) provides the web address of the online tool
maintained under subsection (h); and
(4) provides the web address of an appropriate and
publicly accessible website of the Department through
which a claimant may report--
(A) a person, who is not an accredited
person, who represented the claimant; and
(B) any fee charged by such person for such
representation.
(h)(1) The Secretary shall maintain an online tool that
allows a claimant to search a list of accredited persons who
represent claimants.
(2) The Secretary shall ensure that such list is current at
least once each calendar quarter.
(3) The Secretary shall ensure that such tool is easily
accessible to a claimant.
[(g)] (i) Regulations.--The Secretary shall prescribe
regulations to carry out this section.
[(h)] (j) Rule With Respect to Disallowed Claims.--Nothing in
this section shall be construed to require the Secretary to
readjudicate a claim that has been disallowed except when new
and relevant evidence is presented or secured, as described in
section 5108 of this title.
[(i)] (k) Other Assistance Not Precluded.--Nothing in this
section shall be construed as precluding the Secretary from
providing such other assistance under subsection (a) to a
claimant in substantiating a claim as the Secretary considers
appropriate.
(l) In this section:
(1) The term ``accredited person'' means--
(A) a veterans service organization
recognized under section 5902 of this title; or
(B) an attorney, agent, or other person
recognized under section 5904 of this title.
(2) The term ``represent'' means to prepare, present,
or prosecute a claim under a law administered by the
Secretary on behalf of a claimant.
* * * * * * *
CHAPTER 55--MINORS, INCOMPETENTS, AND OTHER WARDS
* * * * * * *
Sec. 5503. Hospitalized veterans and estates of incompetent
institutionalized veterans
(a)(1)(A) Where any veteran having neither spouse nor child
is being furnished domiciliary care by the Department, no
pension in excess of $90 per month shall be paid to or for the
veteran for any period after the end of the third full calendar
month following the month of admission for such care.
(B) Except as provided in subparagraph (D) of this paragraph,
where any veteran having neither spouse nor child is being
furnished nursing home care by the Department, no pension in
excess of $90 per month shall be paid to or for the veteran for
any period after the end of the third full calendar month
following the month of admission for such care. Any amount in
excess of $90 per month to which the veteran would be entitled
but for the application of the preceding sentence shall be
deposited in a revolving fund at the Department medical
facility which furnished the veteran nursing care, and such
amount shall be available for obligation without fiscal year
limitation to help defray operating expenses of that facility.
(C) No pension in excess of $90 per month shall be paid to or
for a veteran having neither spouse nor child for any period
after the month in which such veteran is readmitted for care
described in subparagraph (A) or (B) of this paragraph and
furnished by the Department if such veteran is readmitted
within six months of a period of care in connection with which
pension was reduced pursuant to subparagraph (A) or (B) of this
paragraph.
(D) In the case of a veteran being furnished nursing home
care by the Department and with respect to whom subparagraph
(B) of this paragraph requires a reduction in pension, such
reduction shall not be made for a period of up to three
additional calendar months after the last day of the third
month referred to in such subparagraph if the Secretary
determines that the primary purpose for the furnishing of such
care during such additional period is for the Department to
provide such veteran with a prescribed program of
rehabilitation services, under chapter 17 of this title,
designed to restore such veteran's ability to function within
such veteran's family and community. If the Secretary
determines that it is necessary, after such period, for the
veteran to continue such program of rehabilitation services in
order to achieve the purposes of such program and that the
primary purpose of furnishing nursing home care to the veteran
continues to be the provision of such program to the veteran,
the reduction in pension required by subparagraph (B) of this
paragraph shall not be made for the number of calendar months
that the Secretary determines is necessary for the veteran to
achieve the purposes of such program.
(2) The provisions of paragraph (1) shall also apply to a
veteran being furnished such care who has a spouse but whose
pension is payable under section 1521(b) of this title. In such
a case, the Secretary may apportion and pay to the spouse, upon
an affirmative showing of hardship, all or any part of the
amounts in excess of the amount payable to the veteran while
being furnished such care which would be payable to the veteran
if pension were payable under section 1521(c) of this title.
(b) Notwithstanding any other provision of this section or
any other provision of law, no reduction shall be made in the
pension of any veteran for any part of the period during which
the veteran is furnished hospital treatment, or institutional
or domiciliary care, for Hansen's disease, by the United States
or any political subdivision thereof.
(c) Where any veteran in receipt of an aid and attendance
allowance described in subsection (r) or (t) of section 1114 of
this title is hospitalized at Government expense, such
allowance shall be discontinued from the first day of the
second calendar month which begins after the date of the
veteran's admission for such hospitalization for so long as
such hospitalization continues. Any discontinuance required by
administrative regulation, during hospitalization of a veteran
by the Department, of increased pension based on need of
regular aid and attendance or additional compensation based on
need of regular aid and attendance as described in subsection
(l) or (m) of section 1114 of this title, shall not be
effective earlier than the first day of the second calendar
month which begins after the date of the veteran's admission
for hospitalization. In case a veteran affected by this
subsection leaves a hospital against medical advice and is
thereafter admitted to hospitalization within six months from
the date of such departure, such allowance, increased pension,
or additional compensation, as the case may be, shall be
discontinued from the date of such readmission for so long as
such hospitalization continues.
(d)(1) For the purposes of this subsection--
(A) the term ``Medicaid plan'' means a State plan for
medical assistance referred to in section 1902(a) of
the Social Security Act (42 U.S.C. 1396a(a)); and
(B) the term ``nursing facility'' means a nursing
facility described in section 1919 of such Act (42
U.S.C. 1396r), other than a facility that is a State
home with respect to which the Secretary makes per diem
payments for nursing home care pursuant to section
1741(a) of this title.
(2) If a veteran having neither spouse nor child is covered
by a Medicaid plan for services furnished such veteran by a
nursing facility, no pension in excess of $90 per month shall
be paid to or for the veteran for any period after the month of
admission to such nursing facility.
(3) Notwithstanding any provision of title XIX of the Social
Security Act, the amount of the payment paid a nursing facility
pursuant to a Medicaid plan for services furnished a veteran
may not be reduced by any amount of pension permitted to be
paid such veteran under paragraph (2) of this subsection.
(4) A veteran is not liable to the United States for any
payment of pension in excess of the amount permitted under this
subsection that is paid to or for the veteran by reason of the
inability or failure of the Secretary to reduce the veteran's
pension under this subsection unless such inability or failure
is the result of a willful concealment by the veteran of
information necessary to make a reduction in pension under this
subsection.
(5)(A) The provisions of this subsection shall apply with
respect to a surviving spouse having no child in the same
manner as they apply to a veteran having neither spouse nor
child.
(B) The provisions of this subsection shall apply with
respect to a child entitled to pension under section 1542 of
this title in the same manner as they apply to a veteran having
neither spouse nor child.
(6) The costs of administering this subsection shall be paid
for from amounts available to the Department of Veterans
Affairs for the payment of compensation and pension.
(7) This subsection expires on [November 30, 2031] March 31,
2032 .
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