Sec. 5. Expedited payment of survivor's benefits
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/bill/114/hr/677/rfs/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 5101(a)(1) of title 38, United States Code, is amended— by striking A specific and inserting
(A)Except as provided in subparagraph (B), a specific ; and by adding at the end the following new subparagraph: The Secretary may pay benefits under chapters 13 and 15 and sections 2302, 2307, and 5121 of this title to a survivor of a veteran who has not filed a formal claim if the Secretary determines that the record contains sufficient evidence to establish the entitlement of the survivor to such benefits. For purposes of this subparagraph and section 5110 of this title, the earlier of the following dates shall be treated as the date of the receipt of the survivor's application for benefits described in clause (i): The date on which the survivor of a veteran (or the representative of such a survivor) notifies the Secretary of the death of the veteran through a death certificate or other relevant medical evidence indicating that the death was due to a service-connected or compensable disability. The head of any other department or agency of the Federal Government notifies the Secretary of the death of the veteran. In notifying the Secretary of the death of a veteran as described in clause (ii)(I), the survivor (or the representative of such a survivor) may submit to the Secretary additional documents relating to such death without being required to file a formal claim. . Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on benefits paid pursuant to covered claims. The report under paragraph
(1)shall include the following: The number of covered claims adjudicated during the one-year period preceding the date of the report, disaggregated by the following: Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the spouse of a deceased veteran. Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the child of a deceased veteran. Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the parent of a deceased veteran. The number of covered claims that were adjudicated during such period and for which compensation was not awarded, disaggregated by clauses
(i)through
(iii)of subparagraph (A). A comparison of the accuracy and timeliness of covered claims adjudicated during such period with non-covered claims filed by survivors of a veteran. The findings of the Secretary with respect to adjudicating covered claims. Such recommendations as the Secretary may have for legislative or administrative action to improve the adjudication of claims submitted to the Secretary for benefits under chapters 13 and 15 and sections 2302, 2307, and 5121 of title 38, United States Code. In this subsection, the term covered claim means a claim covered by section 5101(a)(1)(B) of title 38, United States Code, as added by subsection (a). The amendments made by subsection
(a)shall apply with respect to claims for benefits based on a death occurring on or after the date of the enactment of this Act.