articles - VETERANS BENEFITS
THE VETERANS CLAIMS ASSISTANCE ACT OF 2000
On November 9, 2000, the President signed into law The Veterans Claims
Assistance Act of 2000 (VCAA or Act). See Pub. L. No. 106-475, 114 Stat.
2096 (2000). The VCAA:
Eliminates the requirement in 38 U.S.C. § 5107(a) that in order to
earn the right to VA assistance in developing the pertinent evidence, a
claimant must first submit enough evidence to make his or her claim
"well grounded" -- thereby overruling longstanding precedents of the
U.S. Court of Appeals for the Federal Circuit and the U.S. Court of
Appeals for Veterans Claims (CAVC);
Amends 38 U.S.C. § 5103 to require the VA, upon receipt of a
"substantially complete application," to notify the claimant of any
information or evidence necessary to substantiate the claim; and
Adds a new section, 38 U.S.C. § 5103A, requiring the VA to make
"reasonable efforts to assist a claimant in obtaining evidence necessary
to substantiate the claimant's claim." New sections 5103A(b), (c), and
(d) specify that the VA must:
(1) make reasonable efforts to obtain relevant, non-federal
records that the claimant identifies and authorizes the VA to obtain;
(2) continue to try to obtain existing service medical records and
additional records in control of other federal agencies (unless it is
discovered that the records do not exist or are unobtainable); and
(3) provide a medical examination and/or opinion if the VA finds
the veteran has a current medical disability or symptoms and there is
evidence to suggest that the current symptoms or disability may be
related to an event, injury, or disease which took place in service;
The Act mandates its application to any claim filed on or after the
date of enactment, as well as to any claim filed before the date of
enactment but not final as of the date of enactment. This means that the
VCAA applies to all future claims and any claim pending as of November 9,
2000.
The VCAA also gives individuals two years from November 9, 2000, to
request that VA readjudicate claims denied as not well grounded which
became final between July 14, 1999 and November 9, 2000. These claimants
are advised to immediately contact their representative (usually a service
officer). Requests for readjudication should promptly be filed with the
local VA regional office.
Note: Because the VCAA eliminated the "well-grounded claim"
requirement, please disregard all references to "well grounded" in all
NVLSP Self-Help Guides.
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