Sam Gibbons: “Madam Speaker, I am pleased to rise today in support of H.R. 4864, as amended, the Veterans Claims Assistance Act of…”

“Madam Speaker, I am pleased to rise today in support of H.R. 4864, as amended, the Veterans Claims Assistance Act of 2000. The members of the Subcommittee on Benefits have worked for the past 7 months on crafting legislation to address the Morton versus West decision by the Court of Appeals for veterans claims. H.R. 4864, as amended, meets that challenge. This and previous court decisions have construed VA's authority to develop claims that are not what is legally referred to as well grounded, and the results have created a significant barrier to veterans who need assistance in obtaining information and evidence in order to receive benefits from the VA. Among other things, H.R. 4864, as amended, requires the Secretary to furnish all necessary forms and instructions to file a claim when a request is made and requires the Secretary to make reasonable efforts to assist in the development of information and medical and lay evidence necessary to establish eligibility of a claimant for benefits. This bill eliminates the 'well grounded' requirements.”