Rating and Processing Individuals' Disability Claims Act or the RAPID Claims Act - Requires the Secretary of Veterans Affairs (VA), if a veteran's claim is submitted that is determined to be a fully developed claim, to provide: (1) the claimant with the opportunity to waive any claim development period with respect to such claim, and (2) expeditious treatment of such claim.
Provides that: (1) if a person notifies the Secretary of the intention to submit a fully developed claim and does so within a one-year period thereafter, the Secretary shall provide expeditious treatment to the claim; and (2) if the Secretary determines that a claim submitted as fully developed is not fully developed, the Secretary shall notify such person within 30 days of the information and evidence required to fully develop the claim.
Requires the Secretary, when denying a benefit, to notify the claimant of any form or application required to appeal such decision.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2377 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2377
To amend title 38, United States Code, to provide for expedited
procedures for the consideration of certain veterans claims, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2011
Mr. Donnelly of Indiana (for himself, Mr. Davis of Kentucky, Mr.
Courtney, Mr. Visclosky, Ms. Hirono, Mr. Holt, and Mr. Boren)
introduced the following bill; which was referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide for expedited
procedures for the consideration of certain veterans claims, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``The Rating and Processing Individuals'
Disability Claims Act'' or the ``RAPID Claims Act''.
SEC. 2. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR CLAIMS UNDER LAWS
ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.
Section 5101 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) If a claimant submits to the Secretary a claim that the
Secretary determines is a fully developed claim, the Secretary shall
provide--
``(A) the claimant with the opportunity to waive any claim
development period otherwise made available by the Secretary
with respect to such claim; and
``(B) expeditious treatment to such claim.
``(2) If a person submits to the Secretary any written notification
sufficient to inform the Secretary that the person plans to submit a
fully developed claim and, not later than one year after submitting
such notification submits to the Secretary a claim that the Secretary
determines is a fully developed claim, the Secretary shall provide
expeditious treatment to the claim.
``(3) If the Secretary determines that a claim submitted by a
claimant as a fully developed claim is not fully developed, the
Secretary shall provide such claimant with the notice described in
section 5103(a) within 30 days after the Secretary makes such
determination.
``(4) For purposes of this section:
``(A) The term `fully developed claim' means a claim--
``(i) for which the claimant--
``(I) received assistance from a veterans
service officer, a State or county veterans
service organization, an agent, or an attorney;
or
``(II) submits, together with the claim, an
appropriate indication that the claimant does
not intend to submit any additional information
or evidence in support of the claim and does
not require additional assistance with respect
to the claim; and
``(ii) for which the claimant or the claimant's
representative, if any, each signs, dates, and submits
a certification in writing stating that, as of such
date, no additional information or evidence is
available or needs to be submitted in order for the
claim to be adjudicated.
``(B) The term `expeditious treatment' means, with respect
to a claim for benefits under the laws administered by the
Secretary, treatment of such claim so that the claim is fully
processed and adjudicated within 90 days after the Secretary
receives an application for such claim.''.
SEC. 3. APPEALS FORM AVAILABILITY.
Subsection (b) of section 5104 of such title is amended--
(1) by striking ``and (2)'' and inserting ``(2)''; and
(2) by inserting before the period at the end the
following: ``, and (3) any form or application required by the
Secretary to appeal such decision''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to claims
submitted on or after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) .
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line