S.Amdt. 3430

1. Adds SEC. 1087. MAKING PERMANENT SPECIAL EFFECTIVE DATE FOR AWARDS OF DISABILITY COMPENSATION BY SECRETARY OF VETERANS AFFAIRS FOR VETERANS WHO SUBMIT APPLICATIONS FOR ORIGINAL CLAIMS THAT ARE FULLY-DEVELOPED at the end of subtitle H of title X

   Adds a section

   In S. 2410 · Placed on Calendar Senate

   (j) Coordination With Other Amendments Made by This Act.--For purposes of applying amendments made by provisions of this Act other than this section, the amendments made by subsections (b) through (h) of this section shall be treated as having been enacted immediately before any such amendments by other provisions of this Act.

   Inserted: SEC. 1087. MAKING PERMANENT SPECIAL EFFECTIVE DATE FOR AWARDS OF DISABILITY COMPENSATION BY SECRETARY OF VETERANS AFFAIRS FOR VETERANS WHO SUBMIT APPLICATIONS FOR ORIGINAL CLAIMS THAT ARE FULLY-DEVELOPED.

   Inserted: Section 5110(b)(2)(C) of title 38, United States Code, is amended by striking "and shall not apply with respect to claims filed after the date that is three years after the date of the enactment of such Act".

   Inserted: SEC. 1088. PROVISIONAL BENEFITS AWARDED BY SECRETARY OF VETERANS AFFAIRS FOR FULLY DEVELOPED CLAIMS PENDING FOR MORE THAN 180 DAYS.

   Inserted: (a) In General.--Chapter 53 of title 38, United States Code, is amended by adding at the end the following:

   Inserted: "Sec. 5319A. Provisional benefits awarded for fully developed claims pending for extended period

   Inserted: "(a) Provisional Awards Required.--For each application for disability compensation that is filed for an individual with the Secretary, that sets forth an original claim that is fully-developed (as determined by the Secretary) as of the date of submittal, and for which the Secretary has not made a decision, beginning on the date that is 180 days after the date on which such application is filed with the Secretary, the Secretary shall award the individual a provisional benefit under this section.

   Inserted: "(b) Provisional Awards Established.--A provisional benefit awarded pursuant to subsection (a) for a claim for disability compensation shall be for such monthly amount as the Secretary shall establish for each classification of disability claimed as the Secretary shall establish.

   Inserted: "(c) Recovery.--Notwithstanding any other provision of law, the Secretary may recover a payment of a provisional benefit awarded under this section for an application for disability compensation only--

   Inserted: "(1) in a case in which the Secretary awards the disability compensation for which the individual filed the application and the Secretary may only recover such provisional benefit by subtracting it from payments made for the disability compensation awarded; or

   Inserted: "(2) in a case in which the Secretary determines not to award the disability compensation for which the individual filed the application and the Secretary determines that the application was the subject of intentional fraud, misrepresentation, or bad faith on behalf of the individual.".

   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of chapter 53 of such title is amended by inserting after the item relating to section 5319 the following new item:

   Inserted: "5319A. Provisional benefits awarded for fully developed claims pending for extended period.".

   Original wording

   At the end of subtitle H of title X, add the following:

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As printed