Text: H.R.5549 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (06/17/2010)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 5549 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5549

    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 17, 2010

    Mr. Donnelly of Indiana (for himself and Mr. Hall of New York) 
 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.
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