HR 1578 — Veterans Claims Education Act of 2025

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 TITLE 38, UNITED STATES CODE

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PART IV--GENERAL ADMINISTRATIVE PROVISIONS

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 CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS

SUBCHAPTER I--CLAIMS

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Sec. 5103A. Duty to assist claimants

 (a) Duty To Assist.--(1) The Secretary shall make reasonable 
efforts to assist a claimant in obtaining evidence necessary to 
substantiate the claimant's claim for a benefit under a law 
administered by the Secretary.
 (2) The Secretary is not required to provide assistance to a 
claimant under this section if no reasonable possibility exists 
that such assistance would aid in substantiating the claim.
 (3) The Secretary may defer providing assistance under this 
section pending the submission by the claimant of essential 
information missing from the claimant's application.
 (b) Assistance in Obtaining Private Records.--(1) As part of 
the assistance provided under subsection (a), the Secretary 
shall make reasonable efforts to obtain relevant private 
records that the claimant adequately identifies to the 
Secretary.
 (2)(A) Whenever the Secretary, after making such reasonable 
efforts, is unable to obtain all of the relevant records 
sought, the Secretary shall notify the claimant that the 
Secretary is unable to obtain records with respect to the 
claim. Such a notification shall--
 (i) identify the records the Secretary is unable to 
 obtain;
 (ii) briefly explain the efforts that the Secretary 
 made to obtain such records; and
 (iii) explain that the Secretary will decide the 
 claim based on the evidence of record but that this 
 section does not prohibit the submission of records at 
 a later date if such submission is otherwise allowed.
 (B) The Secretary shall make not less than two requests to a 
custodian of a private record in order for an effort to obtain 
relevant private records to be treated as reasonable under this 
section, unless it is made evident by the first request that a 
second request would be futile in obtaining such records.
 (3)(A) This section shall not apply if the evidence of record 
allows for the Secretary to award the maximum benefit in 
accordance with this title based on the evidence of record.
 (B) For purposes of this paragraph, the term ``maximum 
benefit'' means the highest evaluation assignable in accordance 
with the evidence of record, as long as such evidence is 
adequate for rating purposes and sufficient to grant the 
earliest possible effective date in accordance with section 
5110 of this title.
 (4) Under regulations prescribed by the Secretary, the 
Secretary--
 (A) shall encourage claimants to submit relevant 
 private medical records of the claimant to the 
 Secretary if such submission does not burden the 
 claimant; and
 (B) in obtaining relevant private records under 
 paragraph (1), may require the claimant to authorize 
 the Secretary to obtain such records if such 
 authorization is required to comply with Federal, 
 State, or local law.
 (c) Obtaining Records for Compensation Claims.--(1) In the 
case of a claim for disability compensation, the assistance 
provided by the Secretary under this section shall include 
obtaining the following records if relevant to the claim:
 (A) The claimant's service medical records and, if 
 the claimant has furnished the Secretary information 
 sufficient to locate such records, other relevant 
 records pertaining to the claimant's active military, 
 naval, air, or space service that are held or 
 maintained by a governmental entity.
 (B) Records of relevant medical treatment or 
 examination of the claimant at Department health-care 
 facilities or at the expense of the Department, if the 
 claimant furnishes information sufficient to locate 
 those records.
 (C) Any other relevant records held by any Federal 
 department or agency that the claimant adequately 
 identifies and authorizes the Secretary to obtain.
 (2) Whenever the Secretary attempts to obtain records from a 
Federal department or agency under this subsection, the efforts 
to obtain those records shall continue until the records are 
obtained unless it is reasonably certain that such records do 
not exist or that further efforts to obtain those records would 
be futile.
 (d) Medical Examinations for Compensation Claims.--(1) In the 
case of a claim for disability compensation, the assistance 
provided by the Secretary under subsection (a) shall include 
providing a medical examination or obtaining a medical opinion 
when such an examination or opinion is necessary to make a 
decision on the claim.
 (2) The Secretary shall treat an examination or opinion as 
being necessary to make a decision on a claim for purposes of 
paragraph (1) if the evidence of record before the Secretary, 
taking into consideration all information and lay or medical 
evidence (including statements of the claimant)--
 (A) contains competent evidence that the claimant has 
 a current disability, or persistent or recurrent 
 symptoms of disability; and
 (B) indicates that the disability or symptoms may be 
 associated with the claimant's active military, naval, 
 air, or space service; but
 (C) does not contain sufficient medical evidence for 
 the Secretary to make a decision on the claim.
 (e) Applicability of Duty to Assist.--(1) The Secretary's 
duty to assist under this section shall apply only to a claim, 
or supplemental claim, for a benefit under a law administered 
by the Secretary until the time that a claimant is provided 
notice of the agency of original jurisdiction's decision with 
respect to such claim, or supplemental claim, under section 
5104 of this title.
 (2) The Secretary's duty to assist under this section shall 
not apply to higher-level review by the agency of original 
jurisdiction, pursuant to section 5104B of this title, or to 
review on appeal by the Board of Veterans' Appeals.
 (f) Correction of Duty to Assist Errors.--(1) If, during 
review of the agency of original jurisdiction decision under 
section 5104B of this title, the higher-level adjudicator 
identifies or learns of an error on the part of the agency of 
original jurisdiction to satisfy its duties under this section, 
and that error occurred prior to the agency of original 
jurisdiction decision being reviewed, unless the Secretary may 
award the maximum benefit in accordance with this title based 
on the evidence of record, the higher-level adjudicator shall 
return the claim for correction of such error and 
readjudication.
 (2)(A) If the Board of Veterans' Appeals, during review on 
appeal of an agency of original jurisdiction decision, 
identifies or learns of an error on the part of the agency of 
original jurisdiction to satisfy its duties under this section, 
and that error occurred prior to the agency of original 
jurisdiction decision on appeal, unless the Secretary may award 
the maximum benefit in accordance with this title based on the 
evidence of record, the Board shall remand the claim to the 
agency of original jurisdiction for correction of such error 
and readjudication.
 (B) Remand for correction of such error may include directing 
the agency of original jurisdiction to obtain an advisory 
medical opinion under section 5109 of this title.
 (3) Nothing in this subsection shall be construed to imply 
that the Secretary, during the consideration of a claim, does 
not have a duty to correct an error described in paragraph (1) 
or (2) that was erroneously not identified during higher-level 
review or during review on appeal with respect to the claim.
 (g) Upon receipt of an initial claim by a claimant not 
represented by an accredited person, the Secretary shall 
provide notice to the claimant that--
 (1) an accredited person may be able to represent the 
 claimant;
 (2) a veterans service organization recognized under 
 section 5902 of this title may represent the claimant 
 at no charge to the claimant;
 (3) provides the web address of the online tool 
 maintained under subsection (h); and
 (4) provides the web address of an appropriate and 
 publicly accessible website of the Department through 
 which a claimant may report--
 (A) a person, who is not an accredited 
 person, who represented the claimant; and
 (B) any fee charged by such person for such 
 representation.
 (h)(1) The Secretary shall maintain an online tool that 
allows a claimant to search a list of accredited persons who 
represent claimants.
 (2) The Secretary shall ensure that such list is current at 
least once each calendar quarter.
 (3) The Secretary shall ensure that such tool is easily 
accessible to a claimant.
 [(g)] (i) Regulations.--The Secretary shall prescribe 
regulations to carry out this section.
 [(h)] (j) Rule With Respect to Disallowed Claims.--Nothing in 
this section shall be construed to require the Secretary to 
readjudicate a claim that has been disallowed except when new 
and relevant evidence is presented or secured, as described in 
section 5108 of this title.
 [(i)] (k) Other Assistance Not Precluded.--Nothing in this 
section shall be construed as precluding the Secretary from 
providing such other assistance under subsection (a) to a 
claimant in substantiating a claim as the Secretary considers 
appropriate.
 (l) In this section:
 (1) The term ``accredited person'' means--
 (A) a veterans service organization 
 recognized under section 5902 of this title; or
 (B) an attorney, agent, or other person 
 recognized under section 5904 of this title.
 (2) The term ``represent'' means to prepare, present, 
 or prosecute a claim under a law administered by the 
 Secretary on behalf of a claimant.

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CHAPTER 55--MINORS, INCOMPETENTS, AND OTHER WARDS

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Sec. 5503. Hospitalized veterans and estates of incompetent 
 institutionalized veterans

 (a)(1)(A) Where any veteran having neither spouse nor child 
is being furnished domiciliary care by the Department, no 
pension in excess of $90 per month shall be paid to or for the 
veteran for any period after the end of the third full calendar 
month following the month of admission for such care.
 (B) Except as provided in subparagraph (D) of this paragraph, 
where any veteran having neither spouse nor child is being 
furnished nursing home care by the Department, no pension in 
excess of $90 per month shall be paid to or for the veteran for 
any period after the end of the third full calendar month 
following the month of admission for such care. Any amount in 
excess of $90 per month to which the veteran would be entitled 
but for the application of the preceding sentence shall be 
deposited in a revolving fund at the Department medical 
facility which furnished the veteran nursing care, and such 
amount shall be available for obligation without fiscal year 
limitation to help defray operating expenses of that facility.
 (C) No pension in excess of $90 per month shall be paid to or 
for a veteran having neither spouse nor child for any period 
after the month in which such veteran is readmitted for care 
described in subparagraph (A) or (B) of this paragraph and 
furnished by the Department if such veteran is readmitted 
within six months of a period of care in connection with which 
pension was reduced pursuant to subparagraph (A) or (B) of this 
paragraph.
 (D) In the case of a veteran being furnished nursing home 
care by the Department and with respect to whom subparagraph 
(B) of this paragraph requires a reduction in pension, such 
reduction shall not be made for a period of up to three 
additional calendar months after the last day of the third 
month referred to in such subparagraph if the Secretary 
determines that the primary purpose for the furnishing of such 
care during such additional period is for the Department to 
provide such veteran with a prescribed program of 
rehabilitation services, under chapter 17 of this title, 
designed to restore such veteran's ability to function within 
such veteran's family and community. If the Secretary 
determines that it is necessary, after such period, for the 
veteran to continue such program of rehabilitation services in 
order to achieve the purposes of such program and that the 
primary purpose of furnishing nursing home care to the veteran 
continues to be the provision of such program to the veteran, 
the reduction in pension required by subparagraph (B) of this 
paragraph shall not be made for the number of calendar months 
that the Secretary determines is necessary for the veteran to 
achieve the purposes of such program.
 (2) The provisions of paragraph (1) shall also apply to a 
veteran being furnished such care who has a spouse but whose 
pension is payable under section 1521(b) of this title. In such 
a case, the Secretary may apportion and pay to the spouse, upon 
an affirmative showing of hardship, all or any part of the 
amounts in excess of the amount payable to the veteran while 
being furnished such care which would be payable to the veteran 
if pension were payable under section 1521(c) of this title.
 (b) Notwithstanding any other provision of this section or 
any other provision of law, no reduction shall be made in the 
pension of any veteran for any part of the period during which 
the veteran is furnished hospital treatment, or institutional 
or domiciliary care, for Hansen's disease, by the United States 
or any political subdivision thereof.
 (c) Where any veteran in receipt of an aid and attendance 
allowance described in subsection (r) or (t) of section 1114 of 
this title is hospitalized at Government expense, such 
allowance shall be discontinued from the first day of the 
second calendar month which begins after the date of the 
veteran's admission for such hospitalization for so long as 
such hospitalization continues. Any discontinuance required by 
administrative regulation, during hospitalization of a veteran 
by the Department, of increased pension based on need of 
regular aid and attendance or additional compensation based on 
need of regular aid and attendance as described in subsection 
(l) or (m) of section 1114 of this title, shall not be 
effective earlier than the first day of the second calendar 
month which begins after the date of the veteran's admission 
for hospitalization. In case a veteran affected by this 
subsection leaves a hospital against medical advice and is 
thereafter admitted to hospitalization within six months from 
the date of such departure, such allowance, increased pension, 
or additional compensation, as the case may be, shall be 
discontinued from the date of such readmission for so long as 
such hospitalization continues.
 (d)(1) For the purposes of this subsection--
 (A) the term ``Medicaid plan'' means a State plan for 
 medical assistance referred to in section 1902(a) of 
 the Social Security Act (42 U.S.C. 1396a(a)); and
 (B) the term ``nursing facility'' means a nursing 
 facility described in section 1919 of such Act (42 
 U.S.C. 1396r), other than a facility that is a State 
 home with respect to which the Secretary makes per diem 
 payments for nursing home care pursuant to section 
 1741(a) of this title.
 (2) If a veteran having neither spouse nor child is covered 
by a Medicaid plan for services furnished such veteran by a 
nursing facility, no pension in excess of $90 per month shall 
be paid to or for the veteran for any period after the month of 
admission to such nursing facility.
 (3) Notwithstanding any provision of title XIX of the Social 
Security Act, the amount of the payment paid a nursing facility 
pursuant to a Medicaid plan for services furnished a veteran 
may not be reduced by any amount of pension permitted to be 
paid such veteran under paragraph (2) of this subsection.
 (4) A veteran is not liable to the United States for any 
payment of pension in excess of the amount permitted under this 
subsection that is paid to or for the veteran by reason of the 
inability or failure of the Secretary to reduce the veteran's 
pension under this subsection unless such inability or failure 
is the result of a willful concealment by the veteran of 
information necessary to make a reduction in pension under this 
subsection.
 (5)(A) The provisions of this subsection shall apply with 
respect to a surviving spouse having no child in the same 
manner as they apply to a veteran having neither spouse nor 
child.
 (B) The provisions of this subsection shall apply with 
respect to a child entitled to pension under section 1542 of 
this title in the same manner as they apply to a veteran having 
neither spouse nor child.
 (6) The costs of administering this subsection shall be paid 
for from amounts available to the Department of Veterans 
Affairs for the payment of compensation and pension.
 (7) This subsection expires on [November 30, 2031] March 31, 
2032 .

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