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H.R.2383 - Modernizing Notice to Claimants Act

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to use electronic communication to provide required notice to claimants for benefits under laws administered by the Secretary, and for other purposes. view all titles (2)

All Bill Titles

  • Official: To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to use electronic communication to provide required notice to claimants for benefits under laws administered by the Secretary, and for other purposes. as introduced.
  • Short: Modernizing Notice to Claimants Act as introduced.

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Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
06/24/11
 
 
 
 
 
 
 

Official Summary

Modernizing Notice to Claimants Act - Directs the Secretary of Veterans Affairs (VA) to provide VA benefits claimants, by the most expeditious means available, including electronic communication or notification in writing, of any information or medical or lay evidence not previously provide

Official Summary

Modernizing Notice to Claimants Act - Directs the Secretary of Veterans Affairs (VA) to provide VA benefits claimants, by the most expeditious means available, including electronic communication or notification in writing, of any information or medical or lay evidence not previously provided to the Secretary that is necessary to substantiate a claim. (Current law does not specify the means of notice.) Requires the Secretary, whenever private records relevant to a claim are unable to be obtained after making reasonable efforts in response to a claimant's request for assistance, to, subject to waiver:
(1) notify the claimant that the claim will be decided based on evidence of record, but that this Act does not prohibit submission of records at a later date if such submission is otherwise allowed, and
(2) make at least two requests to a private record custodian before an effort to obtain relevant private records may be treated as reasonable. (Current law requires only an identification and explanation of the Secretary's efforts to obtain such records with a description of any further action to be taken on the claim.) Directs the Secretary, when attempting to assist a disability compensation claimant in obtaining relevant records from a federal agency, to continue such efforts unless it is reasonably certain that the records are nonexistent or that further efforts would be futile.

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