I 112th CONGRESS 1st Session H. R. 2383 IN THE HOUSE OF REPRESENTATIVES June 24, 2011 Mr. Johnson of Ohio introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL 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.

1.

Short title

This Act may be cited as the Modernizing Notice to Claimants Act.

2.

Authorization of use of electronic communication to provide notice to claimants for benefits under laws administered by the Secretary of Veterans Affair

Section 5103 of title 38, United States Code, is amended— (1)in subsection (a)(1)— (A)by striking Upon receipt of a complete or substantially complete application, the and inserting The; (B)by striking notify and inserting provide to; and (C)by inserting by the most expeditious means available, including electronic communication or notification in writing before of any information; and (2)in subsection (b), by adding at the end the following new paragraphs: (4)Nothing in this section shall require the Secretary to provide notice for a subsequent claim that is filed while a previous claim is pending if the notice previously provided for such pending claim provides notice of the information and evidence necessary to substantiate such subsequent claim. (5)This section shall not apply to any claim or issue where the Secretary may award the benefit sought based on the evidence of record. .

3.

Duty to assist claimants in obtaining private records

(a)

In general

Section 5103A(b) of title 38, United States Code, is amended to read as follows: (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 if the claimant requests assistance, in a manner prescribed by the Secretary, in obtaining such records. (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. (3)This section shall not apply if the evidence of record allows for the Secretary to award the benefit sought. (4)Under regulations prescribed by the Secretary, the Secretary shall encourage claimants to submit relevant private medical records of the claimant to the Secretary if such submission does not burden the claimant. (5)The claimant may waive any requirements under this section. . (b)

Public records

Section 5103A(c) of such title is amended to read as follows: (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, or air 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. .