Madam Speaker, last fall I introduced H.R. 3193, the Duty to Assist Act. This measure provided a statutory requirement for the Department of Veterans Affairs to assist veterans filing a claim for benefits administered by the VA. This legislation became necessary as a result of the ruling of the U.S. Court of Appeals for veterans benefits in Morton v. West. Nearly 200 Members of the House have cosponsored this legislation. Following a hearing on H.R. 3193 and subsequent meetings, including representatives of the VA and veterans service organizations, H.R. 4864 was introduced. It incorporates the basic principles of H.R. 3193. This measure will eliminate the onerous well-grounded claim requirement that reinstates the VA's traditional duty to assist claimants, as did H.R. 3193. This legislation is needed to correct erroneous interpretations of the law. Judicial review was intended to continue VA's strong continuing obligation to assist all veterans with the development of their claims, but the exact opposite has occurred. I strongly believe in judicial review; however, courts can and do make erroneous decisions. When those decisions affect the fundamental rights of veterans, it is this Congress' responsibility to correct the problem. H.R. 4864 will do this.
Editor's note · Context
Discussing the introduction and importance of H.R. 4864, the Duty to Assist Act for veterans.
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