116th CONGRESS 2d Session |
To amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide to a member of the uniformed services who is denied a traumatic injury protection claim under Servicemembers’ Group Life Insurance certain information related to that denial.
November 24, 2020
Mr. Kildee (for himself and Mr. Bergman) introduced the following bill; which was referred to the Committee on Veterans' Affairs
To amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide to a member of the uniformed services who is denied a traumatic injury protection claim under Servicemembers’ Group Life Insurance certain information related to that denial.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Transparency for Wounded Warriors Act”.
SEC. 2. Denial of claims for traumatic injury protection under Servicemembers’ Group Life Insurance.
Section 1980A of title 38, United States Code, is amended by adding at the end the following new subsection:
“(l) (1) If a claim for benefits under this section is denied, the Secretary concerned shall provide to the member at the same time as the member is informed of such denial a description of the following:
“(A) Each reason for that denial, including a description of all the information upon which the denial is based and a description of the applicable laws, regulations, or policies, with appropriate citations, and an explanation of how such laws, regulations, or policies affected the denial.
“(B) Each finding that is favorable to the member.
“(2) Any finding favorable to the member as described in paragraph (1)(B) shall be binding on all subsequent reviews or appeals of the denial of the claim, unless clear and convincing evidence is shown to the contrary to rebut such favorable finding.”.