[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 89 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 83
117th CONGRESS
  1st Session
                                 S. 89

To require the Secretary of Veterans Affairs to secure medical opinions 
for veterans with service-connected disabilities who die from COVID-19 
  to determine whether their service-connected disabilities were the 
   principal or contributory causes of death, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2021

  Ms. Sinema (for herself, Mr. Tillis, Mrs. Shaheen, Mr. Boozman, Mr. 
Blumenthal, Ms. Warren, Mr. Coons, Mr. Manchin, Mr. Reed, Ms. Collins, 
  Mr. Markey, Mr. Wicker, Mr. Whitehouse, Mr. Kelly, Mr. Peters, Ms. 
Baldwin, Ms. Hassan, and Mr. King) introduced the following bill; which 
   was read twice and referred to the Committee on Veterans' Affairs

                             June 24, 2021

               Reported by Mr. Tester, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Veterans Affairs to secure medical opinions 
for veterans with service-connected disabilities who die from COVID-19 
  to determine whether their service-connected disabilities were the 
   principal or contributory causes of death, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Ensuring Survivor Benefits 
During COVID-19 Act of 2021''.</DELETED>

<DELETED>SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-
              CONNECTED DISABILITIES WHO DIE OF COVID-19.</DELETED>

<DELETED>    In any case in which a veteran with one or more service-
connected disabilities dies, the death certificate identifies 
Coronavirus Disease 2019 (COVID-19) as the principal or contributory 
cause of death, the death certificate does not clearly identify any of 
the service-connected disabilities as the principal or contributory 
cause of death, and a claim for benefits is filed with respect to the 
veteran under chapter 13 of title 38, Unites States Code, the Secretary 
of Veterans Affairs shall secure a medical opinion to determine if a 
service-connected disability was the principal or contributory cause of 
death.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Survivor Benefits during 
COVID-19 Act of 2021''.

SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED 
              DISABILITIES WHO DIE OF COVID-19.

    (a) In General.--The Secretary of Veterans Affairs shall secure a 
medical opinion to determine if a service-connected disability was the 
principal or contributory cause of death before notifying the survivor 
of the final decision in any case in which all of the following factors 
are met:
            (1) A claim for compensation is filed under chapter 13 of 
        title 38, Unites States Code, with respect to a veteran with 
        one or more service-connected disabilities who dies.
            (2) The death certificate for the veteran identifies 
        Coronavirus Disease 2019 (COVID-19) as the principal or 
        contributory cause of death.
            (3) The death certificate does not clearly identify any of 
        the service-connected disabilities of the veteran as the 
        principal or contributory cause of death.
            (4) A service-connected disability of the veteran includes 
        a condition more likely to cause severe illness from COVID-19 
        as determined by the Centers for Disease Control and 
        Prevention.
            (5) The claimant is not entitled to benefits under section 
        1318 of such title.
            (6) The evidence to support the claim does not result in a 
        preliminary finding in favor of the claimant.
    (b) Outreach.--The Secretary shall provide information to veterans, 
dependents, and veterans service organizations about applying to 
dependency and indemnity compensation when a veteran dies from COVID-
19. The Secretary shall provide such information through the website of 
the Department of Veterans Affairs and via other outreach mechanisms.
                                                        Calendar No. 83

117th CONGRESS

  1st Session

                                 S. 89

_______________________________________________________________________

                                 A BILL

To require the Secretary of Veterans Affairs to secure medical opinions 
for veterans with service-connected disabilities who die from COVID-19 
  to determine whether their service-connected disabilities were the 
   principal or contributory causes of death, and for other purposes.

_______________________________________________________________________

                             June 24, 2021

                       Reported with an amendment