Veterans Disability Benefits Claims Modernization Act of 2008
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
July 31, 2008
View full timeline
Introduced in House
April 24, 2008
Referred to the House Committee on Veterans' Affairs.
April 24, 2008
Committee Consideration and Mark-up Session Held.
April 30, 2008
Reported by the Committee on Veterans' Affairs. H. Rept. 110-789.
July 29, 2008
Placed on the Union Calendar, Calendar No. 507.
July 29, 2008
Mr. Filner moved to suspend the rules and pass the bill, as amended.
July 29, 2008 • 5:55 PM
Considered under suspension of the rules. (consideration: CR H7256-7263)
July 29, 2008 • 5:56 PM
DEBATE - The House proceeded with forty minutes of debate on H.R. 5892.
July 29, 2008 • 5:56 PM
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Lamborn objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
July 29, 2008 • 6:13 PM
Considered as unfinished business. (consideration: CR H7518)
July 30, 2008 • 1:05 PM
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by recorded vote (2/3 required): 429 - 0 (Roll no. 538).(text: CR 7/29/2008 H7256-7261)
July 30, 2008 • 1:15 PM
On motion to suspend the rules and pass the bill, as amended Agreed to by recorded vote (2/3 required): 429 - 0 (Roll no. 538). (text: CR 7/29/2008 H7256-7261)
July 30, 2008 • 1:15 PM
Motion to reconsider laid on the table Agreed to without objection.
July 30, 2008 • 1:15 PM
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
July 31, 2008
Voting History
1 vote recorded • Roll call available
Floor Debate
20 membersWhat members said about H.R. 5892 on the floor




+15
Floor Debate
20 membersWhat members said about H.R. 5892 on the floor
Mr. Speaker, I want to thank my colleague from Florida (Ms. Castor) for yielding me the customary 30 minutes, and I yield myself such time as I may consume. (Mr. HASTINGS of Washington asked and was…
Madam Speaker, I move to suspend the rules and pass the Senate bill (S. 3023) to amend title 38, United States Code, to improve and enhance compensation and pension, housing, labor and education, and…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1384 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…
Madam Speaker, I yield myself such time as I may consume. I rise in support of S. 3023, as amended, the Veterans' Benefits Improvement Act of 2008. The manager's amendment before us is a compilation…
Mr. President, I am pleased that the Senate is acting on S. 3023, as amended, the proposed Veterans' Benefits Improvement Act of 2008, as passed by the House of Representatives earlier this week. The…
Show 8 more
Thank you, Chairman Filner. While we celebrated Independence Day this month, many Americans were unaware that immediately after the Continental Congress signed the Declaration of Independence, it…
Madam Speaker, I thank Chairman Filner and Ranking Member Buyer, and I would also like to thank Senator Akaka and Ranking Member Senator Burr from the Senate Veterans' Committee, and tell Mr. Buyer,…
I very much appreciate my colleague's yielding. It is really a most interesting commentary, your presentation, which summarizes in this rule what appears to be the dominant leadership of the liberal…
Madam Speaker, as ranking member of the Veterans' Affairs Subcommittee on Economic Opportunity, I am delighted with the product of our negotiations with the Senate Veterans' Affairs Committee. This…
Mr. Speaker, I, too, rise in support of H.R. 5892, as amended, the Veterans Disability Benefits Claims Modernization Act of 2008, to direct the Secretary of Veterans Affairs to modernize the VA…
I appreciate the gentlewoman's courtesy in permitting me to speak. Mr. Speaker, I rise in support of the rule and the underlying bill. This is a critical piece of legislation that speaks to the…
Mr. Speaker, I simply want to respond to one theme that we have heard here in the last 20 minutes or so. We have heard complaints about the ``outrage'' that is being perpetrated by the passage of…
Madam Speaker, I rise today to speak on S. 3023, Veterans' Benefits Improvement Act of 2008. This bill is so important to our men and women who have served, are currently serving, or will serve one…
Show 11 more
Mr. Speaker, I rise today in support of H.R. 5892, The Veterans Disability Benefits Claims Modernization Act of 2008. This legislation will help to address difficulties that our veterans face in…
Madam Speaker, I thank the gentleman for this opportunity regarding the Veterans' Benefits Improvement Act. This bill improves the treatment and service provided by the Department of Veterans Affairs…
Mr. Speaker, I come to the floor today in support of H.R. 6566, the American Energy Act, an all-of-the-above plan that tackles the current energy crisis we are facing in this country. A well-known…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5892) to amend title 38, United States Code, to direct the Secretary of Veterans Affairs to modernize the disability benefits claims…
Thank you, Mr. Chairman. Mr. Speaker, I rise in strong support of H.R. 5892, the Veterans Disability Benefits Claims Modernization Act of 2008, and I commend Chairman Hall for his tireless work on…
I thank the gentleman from Washington for yielding me time. In my short time during my service in Congress, I have been a member of the House Veterans' Affairs Committee and have chaired the Health…
Mr. Speaker, I rise in support of H.R. 5892, as amended, the Veterans Disability Benefits Claims Modernization Act of 2008, a bill to amend title 38, United States Code, to direct the Secretary of…
I thank the gentleman from Washington for yielding. I will be back later today to manage the time during general debate and consideration of amendments as the ranking member of the Military…
I thank the gentleman for yielding. I rise today in support of this veterans funding bill. This is a great victory for 400,000 central Florida veterans because it provides $220 million for a new VA…
Madam Speaker, today I rise in strong support of S. 3023, the Veterans' Benefits Improvement Act, as amended. This legislation represents months of work by my colleagues on the House Veterans'…
Madam Speaker, I submit the following: S. 3023, as amended, the Veterans' Benefits Improvement Act of 2008, reflects a Compromise Agreement reached by the House and Senate Committees on Veterans'…
Bill Text
4 versions available
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5892 Referred in Senate (RFS)]
2d Session
H. R. 5892
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2008
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to modernize the disability benefits claims processing
system of the Department of Veterans Affairs to ensure the accurate and
timely delivery of compensation to veterans and their families and
survivors, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Disability Benefits Claims Modernization Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--MATTERS RELATING TO MODERNIZING THE DISABILITY COMPENSATION
SYSTEM OF DEPARTMENT OF VETERANS AFFAIRS
Sec. 101. Office of Survivors Assistance.
Sec. 102. Study on readjustment of schedule for rating disabilities.
Sec. 103. Study on employee work credit system of Veterans Benefits
Administration.
Sec. 104. Study on work management system.
Sec. 105. Certification and training of employees of Veterans Benefits
Administration responsible for processing
claims.
Sec. 106. Annual assessment of quality assurance program.
Sec. 107. Expedited treatment of fully developed claims and requirement
for checklist to be provided to individuals
submitting incomplete claims.
Sec. 108. Study and report on employing medical professionals to assist
employees of Veterans Benefits
Administration.
Sec. 109. Assignment of partial disability ratings to qualifying
veterans.
Sec. 110. Review and enhancement of use of information technology at
Veterans Benefits Administration.
Sec. 111. Treatment of claims upon death of claimant.
TITLE II--MATTERS RELATING TO UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS
Sec. 201. Annual reports on workload of United States Court of Appeals
for Veterans Claims.
Sec. 202. Modification of jurisdiction and finality of decisions of
United States Court of Appeals for Veterans
Claims.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) At the end of fiscal year 2007, there were nearly
24,000,000 veterans in America.
(2) According to the latest Annual Report from the Veterans
Benefits Administration, there were 3,582,255 veterans and
survivors receiving compensation and pension benefits under
laws administered by the Secretary of Veterans Affairs at the
end of fiscal year 2006.
(3) The number of veterans and survivors at the end of
fiscal year 2006 included 2,725,824 veterans receiving service-
connected disability benefits, 325,939 survivors receiving
service-connected death benefits, 329,856 veterans receiving
non-service-connected disability benefits, and 200,636
survivors receiving non-service-connected death benefits.
(4) During fiscal year 2006, almost 250,000 beneficiaries
began receiving benefits with 162,805 of these being veterans
whose compensation claims were granted.
(5) Since October 7, 2001, the number of claims for new or
increased benefits has risen sharply, exceeding 838,000 in
2007.
(6) The Department of Veterans Affairs projects that the
number of claims will surpass 1,000,000 by the end of fiscal
year 2008.
(7) The number of disability compensation claims pending
before the Department stands at nearly 630,000, as of the date
of the enactment of this Act, about a quarter of which have
been backlogged for over six months.
(8) Processing times have increased from an average of 177
days in 2006 to 183 days in 2007.
(9) The paper-based, labor-intensive process employed by
the Department leaves many disabled veterans and survivors
waiting months or years to receive the benefits they have
earned.
(10) The most prevalent disabilities among veterans that
are service-connected are auditory, with almost 840,000
veterans receiving compensation for such a disability, followed
by musculoskeletal disabilities and arthritis.
(11) Post-traumatic stress disorder is the sixth most
common disability, with more than 269,399 service-connected
veterans.
(12) In 2006, the Veterans Health Administration treated
345,713 veterans with post-traumatic stress disorder, which was
an increase of 27,099 over 2005.
(13) By January 2008, of the 1,600,000 veterans who served
in the Armed Forces after October 7, 2001, the Veterans Health
Administration had treated 59,838 for post-traumatic stress
disorder.
(14) Disabilities are evaluated in accordance with the
Department of Veterans Affairs Schedule for Rating Disabilities
(referred to in this section as the ``VASRD'') under title 38,
United States Code of Federal Regulations, part 4.
(15) This schedule was originally created in 1917 and was
last comprehensively revised in 1945.
(16) The VASRD contains many outdated and archaic criteria
and lacks more commonly accepted medical practices and
procedures.
(17) Studies conducted by the Institute of Medicine found
it to be an inadequate instrument for compensating disabilities
for the average impairments of earning capacity, especially in
areas of mental health, unemployability, and for younger and
severely injured veterans, and recommended it be revised using
more modern medical concepts.
(18) The Department of Veterans Affairs must modernize the
claims processing system of the Veterans Benefits
Administration to make it a first-class, veteran-centered
system that uses 21st century technologies and paradigms and
reflects the dignity and sacrifices made by disabled veterans,
their families, and survivors.
TITLE I--MATTERS RELATING TO MODERNIZING THE DISABILITY COMPENSATION
SYSTEM OF DEPARTMENT OF VETERANS AFFAIRS
SEC. 101. OFFICE OF SURVIVORS ASSISTANCE.
(a) In General.--Chapter 3 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 321. Office of Survivors Assistance
``(a) Establishment.--The Secretary shall establish in the Veterans
Benefits Administration an Office of Survivors Assistance (in this
section referred to as the `Office') to provide direct assistance
regarding all benefits and services delivered by the Department--
``(1) to survivors and dependents of all deceased veterans;
and
``(2) to survivors and dependents of all deceased members
of the Armed Forces.
``(b) Duties.--The Office shall--
``(1) be responsible for ensuring that--
``(A) survivors and dependents of deceased veterans
and deceased members of the Armed Forces have access to
applicable benefits and services under this title;
``(B) programs carried out by the Department under
this title for such survivors and dependents are
carried out in a manner that is responsive to such
survivors and dependents and their unique needs;
``(C) regular and consistent monitoring of benefits
delivery occurs;
``(D) appropriate referrals are being made with
respect to such survivors and dependents by, to, and
within the Veterans Benefits Administration, Veterans
Health Administration, and National Cemetery
Administration; and
``(E) such survivors and dependents are treated
with dignity and respect by personnel of the
Department; and
``(2) act as a primary advisor to the Secretary on all
matters related to the policies, programs, legislative issues,
and other initiatives affecting such survivors and dependents.
``(c) Annual Report.--The Secretary shall identify and include the
activities of the Office in the annual report to Congress under section
529 of this title.
``(d) Guidance From Stakeholders.--In establishing the Office, the
Secretary shall seek guidance from interested stakeholders, including
appropriate employees, employee representatives, managers, and
appropriate public and private entities, including veteran service
organizations and other service organizations.
``(e) Resources.--The Secretary shall ensure that appropriate
personnel, funding, and other resources are provided to the Office to
carry out its responsibilities.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``321. Office of Survivors Assistance.''.
SEC. 102. STUDY ON READJUSTMENT OF SCHEDULE FOR RATING DISABILITIES.
(a) Study on Adjustment of Schedule.--
(1) Study required.--The Secretary of Veterans Affairs
shall conduct a study on adjusting the schedule for rating
disabilities adopted and applied by the Secretary under section
1155 of title 38, United States Code, so as to base the
schedule on standards, practices, and codes in common use by
the medical, mental health, and disability professions that are
current as of the date of the enactment of this Act.
(2) Contents of study.--In conducting the study under this
subsection, the Secretary shall--
(A) determine how the schedule could be adjusted to
take into account the loss of quality of life and loss
of earnings that result from specific disabilities;
(B) examine the nature of the disabilities for
which disability compensation is payable under laws
other than laws administered by the Secretary;
(C) examine whether disparities exist between the
rating of physical and mental disabilities, especially
with respect to how the severity of mental disabilities
should be adjudicated to ensure parity with physical
disabilities whereby a veteran can be rated totally
disabled while maintaining some level of employment;
(D) measure the effect of disabilities on the
psychological states, physical integrity, and social
adaptability of veterans with such disabilities; and
(E) examine the effect of a veteran's injury or
combination of injuries on--
(i) the average loss of the veteran's
earnings capacity, including the veteran's
inability to work in certain occupations;
(ii) the veteran's quality of life,
including activities of independent living,
recreational and community activities, and
personal relationships, including the inability
to participate in favorite activities, social
problems related to disfigurement or cognitive
difficulties, and the need to spend increased
amounts of time performing activities of daily
living; and
(iii) the extent to which benefits for
veterans may be used to encourage veterans to
seek and undergo vocational rehabilitation.
(3) Consultation.--In conducting the study under this
subsection, the Secretary shall consult with appropriate public
and private entities, agencies, and veterans service
organizations, and shall employ consultants.
(4) Deadline for completion.--The Secretary shall complete
the study required under this subsection by not later than 180
days after the date of the enactment of this Act.
(5) Report to congress.--Not later than 60 days after
completing the study required under this subsection, the
Secretary shall submit to Congress a report on the study. The
report shall include--
(A) the results of the study on quality of life and
the payment of compensation for service-connected
disabilities for which the Secretary entered into a
contract on January 28, 2008;
(B) the Secretary's findings and conclusions with
respect to adjusting the schedule for rating
disabilities adopted and applied by the Secretary under
section 1155 of title 38, United States Code, to
account for the loss of quality of life and loss of
earnings that result from specific disabilities;
(C) the Secretary's findings and conclusions with
respect to--
(i) the report of the Veterans' Disability
Benefits Commission;
(ii) the report of the President's
Commission on the Care for America's Returning
Wounded Warriors;
(iii) the report of the Institute of
Medicine entitled ``A 21st Century System for
Evaluating Veterans for Disability Benefits'';
and
(iv) any other independent or advisory
commission report on matters relating to such
schedule that the Secretary determines is
appropriate;
(D) the Secretary's recommendations with respect to
the appropriate disabilities for inclusion in the
schedule;
(E) the Secretary's recommendations with respect to
the amount of compensation payable to veterans for the
loss of quality of life and the basis for such
recommendations;
(F) the Secretary's recommendations with respect to
the amount of compensation payable to veterans for
average loss of earnings capacity and the appropriate
standards for determining whether a disability has
caused a veteran to incur a loss of earnings capacity;
(G) the Secretary's assessment of the effect of the
treatment of mental disabilities under the schedule for
rating disabilities, as in effect on the date of the
enactment of this Act; and
(H) the Secretary's determination with respect to
whether the regulations prescribed pursuant to section
1154 of title 38, United States Code, are consistent
with providing, to the maximum extent possible, the
benefit of the doubt to veterans covered by that
section in the absence of official military records
pertaining to the service-connection of a veteran's
disability, and in particular, of post-traumatic stress
disorder, when a determination of service-connection
would be consistent with the duties, conditions, and
hardships of service in the Armed Forces.
(b) Submission of Plan.--
(1) Plan required.--Not later than 120 days after the date
on which the Secretary submits the report required under
subsection (a)(5), the Secretary shall submit to Congress a
plan to readjust the schedule for rating disabilities adopted
and applied by the Secretary under section 1155 of title 38,
United States Code. In developing the plan required under this
subsection, the Secretary shall consider the report submitted
under subsection (a)(5) and shall provide for the readjustment
of such schedule for rating disabilities to--
(A) align the schedule with medical concepts
considered best practices as of the date of the
enactment of this Act, including those provided in the
Current Procedural Terminology Manual, International
Classification of Diseases, the Diagnostic and
Statistical Manual of Mental Disorders, and applicable
American Medical Association Guides;
(B) bridge the gap between the schedule, as in
effect on the date of the enactment of this Act, and
medical understandings, as of such date, of injuries
and diseases and the affects of such injuries and
diseases on the ability of a person suffering from them
to function;
(C) prioritize such readjustment with respect to
post-traumatic stress disorder, other mental disorders,
neurological disorders, traumatic brain injury,
orthopedic disabilities, and digestive disabilities;
(D) ensure that the schedule is automated in
accordance with the review and comprehensive plan of
the Secretary under section 110 of this Act; and
(E) ensure that a transition plan is provided to
ease the transition from the schedule for rating
disabilities, as in effect on the date of the enactment
of this Act, to the implementation of the schedule for
rating disabilities, as proposed to be readjusted by
the plan under this subsection.
(2) Timeline for readjustment.--The Secretary shall include
in the plan submitted under the subsection a proposed timeline
for when the Secretary intends to readjust the schedule. Such
proposed timeline may not exceed three years.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsections (a)
and (b).
(d) Advisory Committee on Disability Compensation.--
(1) Establishment.--Subchapter III of chapter 5 of title
38, United States Code, is amended by adding at the end the
following new section:
``Sec. 546. Advisory Committee on Disability Compensation
``(a) Establishment.--(1) There is in the Department the Advisory
Committee on Disability Compensation (hereinafter in this section
referred to as the `Committee').
``(2) The Committee shall consist of not more than 18 members
appointed by the Secretary from among individuals who--
``(A) have demonstrated significant civic or professional
achievement; and
``(B) have experience with the provision of disability
compensation by the Department or are leading medical or
scientific experts in relevant fields.
``(3) The Secretary shall seek to ensure that members appointed to
the Committee include individuals from a wide variety of geographic
areas and ethnic backgrounds, individuals from veterans service
organizations, individuals with combat experience, and women.
``(4) The Secretary shall determine the terms of service and pay
and allowances of the members of the Committee, except that a term of
service may not exceed two years. The Secretary may reappoint any
member for additional terms of service.
``(b) Responsibilities of Committee.--(1) The Secretary shall, on a
regular basis, consult with and seek the advice of the Committee with
respect to the maintenance and periodic readjustment of the schedule
for rating disabilities under section 1155 of this title.
``(2)(A) In providing advice to the Secretary under this
subsection, the Committee shall--
``(i) assemble and review relevant information relating to
the needs of veterans with disabilities;
``(ii) provide information relating to the nature and
character of disabilities arising from service in the Armed
Forces;
``(iii) provide an on-going assessment of the effectiveness
of the schedule for rating disabilities; and
``(iv) provide on-going advice on the most appropriate
means of responding to the needs of veterans relating to
disability compensation in the future.
``(B) In carrying out its duties under subparagraph (A), the
Committee shall take into special account the needs of veterans who
have served in a theater of combat operations.
``(c) Annual Report.--(1) Not later than March 31 of each year, the
Committee shall submit to the Secretary a report on the programs and
activities of the Department that relate to the payment of disability
compensation. Each such report shall include--
``(A) an assessment of the needs of veterans with
respect to disability compensation;
``(B) a review of the programs and activities of
the Department designed to meet such needs; and
``(C) such recommendations (including
recommendations for administrative and legislative
action) as the Committee considers appropriate.
``(2) Not later than 90 days after the receipt of a report under
paragraph (1), the Secretary shall transmit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a copy of
the report, together with any comments and recommendations concerning
the report that the Secretary considers appropriate.
``(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers appropriate.
``(4) The Secretary shall submit with each annual report submitted
to the Congress pursuant to section 529 of this title a summary of all
reports and recommendations of the Committee submitted to the Secretary
since the previous annual report of the Secretary submitted pursuant to
that section.
``(d) Applicability of Federal Advisory Committee Act.--(1) Except
as provided in paragraph (2), the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the activities of the
Committee under this section.
``(2) Section 14 of such Act shall not apply to the Committee.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end of
the items relating to subchapter III the following new item:
``546. Advisory Committee on Disability Compensation.''.
SEC. 103. STUDY ON EMPLOYEE WORK CREDIT SYSTEM OF VETERANS BENEFITS
ADMINISTRATION.
(a) Study Required.--The Secretary of Veterans Affairs shall
conduct a study on the employee work credit system of the Veterans
Benefits Administration of the Department of Veterans Affairs, which is
used to measure the work production of employees of the Veterans
Benefits Administration.
(b) Contents of Study.--In carrying out the study under subsection
(a), the Secretary shall consider the advisability of implementing--
(1) performance standards and accountability measures to
ensure that--
(A) claims for benefits under the laws administered
by the Secretary are processed in an objective,
accurate, consistent, and efficient manner; and
(B) final decisions with respect to such claims are
consistent and issued within the average amount of time
required to process a claim, as identified by the
Secretary in the most recent annual report submitted by
the Secretary under section 7734 of title 38, United
States Code;
(2) guidelines and procedures for the prompt processing of
such claims that are ready to rate upon submission;
(3) guidelines and procedures for the processing of such
claims submitted by severely injured and very severely injured
veterans, as determined by the Secretary; and
(4) requirements for assessments of claims processing at
each regional office for the purpose of producing lessons
learned and best practices.
(c) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to Congress a
report on the study conducted under this section and the progress of
the Secretary in implementing the new system for evaluating employees
of the Veterans Benefits Administration required under subsection (d).
(d) Evaluation of Veterans Benefits Administration Employees.--
(1) New system required.--By not later than 180 days after
the date on which the Secretary of Veterans Affairs submits to
Congress the report required under subsection (d), the
Secretary shall establish a new system for evaluating the work
production of employees of the Veterans Benefits
Administration. Such system shall--
(A) be based on the findings of the study conducted
by the Secretary under this section;
(B) focus on evaluating the accuracy and quality of
ratings decisions made by such employees; and
(C) not resemble or be based on any concept on
which the system in effect as of the date of the
enactment of this Act is based.
(2) Suspension of award of work credits.--If the Secretary
of Veterans Affairs does not implement the new system for
evaluating work production as required under paragraph (1), the
Secretary may not award a work credit to any employee of the
Veterans Benefits Administration until the Secretary has
implemented such system.
SEC. 104. STUDY ON WORK MANAGEMENT SYSTEM.
(a) In General.--The Secretary of Veterans Affairs shall conduct a
study on the work management system of the Veterans Benefits
Administration of the Department of Veterans Affairs, which is designed
to improve accountability, quality, and accuracy, and reduce the time
for processing claims for benefits under laws administered by the
Secretary that are adjudicated by the Veterans Benefits Administration.
(b) Contents of Study.--In conducting the study required under
subsection (a), the Secretary shall consider--
(1) accountability for claims adjudication outcomes;
(2) the quality of claims adjudicated;
(3) a simplified process to adjudicate claims;
(4) the maximum use of information technology applications;
(5) rules-based applications and tools for processing and
adjudicating claims efficiently and effectively; and
(6) methods of reducing the time required to obtain
information from outside sources.
(c) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to Congress a
report on the study conducted under this section.
SEC. 105. CERTIFICATION AND TRAINING OF EMPLOYEES OF VETERANS BENEFITS
ADMINISTRATION RESPONSIBLE FOR PROCESSING CLAIMS.
(a) Employee Certification Required.--
(1) In general.--Subchapter II of chapter 77 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 7735. Employee certification
``(a) Development of Certification Examination.--The Secretary
shall develop a certification examination for appropriate employees and
managers of the Veterans Benefits Administration who are responsible
for processing claims for benefits under the laws administered by the
Secretary. The Secretary shall develop such examination in consultation
with examination development experts, interested stakeholders,
including such appropriate employees, employee representatives, and
managers, and appropriate public and private entities, including
veterans service organizations and other service organizations.
``(b) Employee and Manager Requirement.--The Secretary shall
require appropriate employees and managers of the Veterans Benefits
Administration who are responsible for processing claims for benefits
under the laws administered by the Secretary to take a certification
examination.
``(c) Limitation.--The Secretary may not satisfy any requirement of
this section through the use of any certification examination or
program that exists as of the date of the enactment of the Veterans
Disability Benefits Claims Modernization Act of 2008.''.
(2) Deadlines for implementation.--The Secretary of
Veterans Affairs shall--
(A) develop the certification examination required
to be developed under section 7735 of title 38, United
States Code, as added by subsection (a), by not later
than one year after the date of the enactment of this
Act; and
(B) implement procedures for administering the
certification of employees under such section and begin
administering the certification examination required
under such section by not later than 90 days after the
date on which the development of such certification
examination is complete.
(3) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end of
the items relating to subchapter II the following new item:
``7735. Employee certification.''.
(b) Evaluation of Training.--
(1) Evaluation required.--The Secretary of Veterans Affairs
shall enter into a contract with a private entity with
experience evaluating training processes, continuing education
needs, and centralized training requirements, under which that
entity shall--
(A) conduct an evaluation of the items required to
be included in the annual report of the Secretary under
section 7734 of title 38, United States Code, that were
included in the last such report submitted before the
date of the enactment of this Act, that relate to the
training and performance assessment programs of the
Department of Veterans Affairs for employees of the
Veterans Benefits Administration who are responsible
for matters relating to compensation or pension
benefits under the laws administered by the Secretary;
and
(B) not later than 180 days after the date of the
enactment of this Act, submit to the Secretary the
results of such evaluation.
(2) Submission of results to congress.--The Secretary shall
include the results of the evaluation required under paragraph
(1) with the first annual report required to be submitted to
Congress under section 529 of title 38, United States Code,
submitted after the date on which the Secretary receives such
results.
(3) Report.--Not later than 180 days after the date on
which the Secretary submits the report referred to in paragraph
(2), the Secretary shall submit to Congress a report on any
actions the Secretary has taken or plans to take in response to
the results of the evaluation required under paragraph (1).
SEC. 106. ANNUAL ASSESSMENT OF QUALITY ASSURANCE PROGRAM.
(a) Annual Assessment Required.--Section 7731 of title 38, United
States Code, is amended by adding at the end the following new
subsection:
``(c)(1) The Secretary shall enter into a contract with an
independent third-party entity for the conduct of an annual assessment
of the quality assurance program under this section. Each such
assessment shall--
``(A) evaluate a statistically valid sample of employees of
the Veterans Benefits Administration and a statistically valid
sample of the work product of such employees to assess the
quality and accuracy of such work product;
``(B) measure the performance of each regional office of
the Veterans Benefits Administration;
``(C) measure the accuracy of the disability ratings
assigned under the schedule for rating disabilities under
section 1155 of this title;
``(D) compare disability ratings and evaluate consistency
between regional offices;
``(E) assess the performance of employees and managers of
the Veterans Benefits Administration; and
``(F) produce automated categorizable data to help identify
trends.
``(2) The Secretary shall use information gathered through the
annual assessments required under this section in developing the
employee certification required under section 7735 of this title.
``(3) In order to carry out the quality assurance program under
this subsection with respect to the administration of disability
compensation and to reduce the variances between ratings in the
regional offices of the Department, the Secretary shall ensure the
accuracy and consistency across different offices within the Department
of the treatment of claims for disability compensation, including
determinations with respect to disability ratings and whether a
disability is service-connected.
``(4)(A) The Secretary shall retain, monitor, and store in an
accessible format data described in subparagraph (B), including
development of a demographic baseline.
``(B) The data covered by this paragraph includes the following:
``(i) For each claim for disability compensation under laws
administered by the Secretary submitted by a claimant--
``(I) the State in which the claimant resided when
the claim was submitted;
``(II) the decision of the Secretary with respect
to the claim;
``(III) the regional office and individual employee
of the Department responsible for evaluating the claim;
and
``(IV) the sex and race of the claimant.
``(ii) The State of the claimant's residence.
``(iii) Such other data as the Secretary determines is
appropriate for monitoring the accuracy and consistency of
decisions with respect to such claims.
``(5) Nothing in this subsection shall require the Secretary to
replace the quality assurance program under this section, as in effect
on the date of the enactment of the Veterans Disability Benefits Claims
Modernization Act of 2008.''.
(b) Report to Congress.--Section 7734 of such title is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3) the results and findings of the most recent annual
assessment conducted under section 7731(c) of this title;
and''.
SEC. 107. EXPEDITED TREATMENT OF FULLY DEVELOPED CLAIMS AND REQUIREMENT
FOR CHECKLIST TO BE PROVIDED TO INDIVIDUALS SUBMITTING
INCOMPLETE CLAIMS.
(a) Expedited Treatment of Fully Developed Claims.--
(1) In general.--Subchapter I of chapter 51 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 5109C. Expedited treatment of fully developed claims
``(a) Expedited Treatment Required.--The Secretary shall take such
actions as may be necessary to provide for the expeditious treatment by
the appropriate regional office of the Veterans Benefits Administration
of any fully developed claim to ensure that any such claim is
adjudicated not later than 90 days after the date on which the claim is
submitted.
``(b) Notice of Required Information and Evidence.--Nothing in this
section shall affect the responsibility of the Secretary to provide
notice under section 5103 to a claimant and a claimant's representative
of required information and evidence that is necessary to substantiate
a fully developed claim.
``(c) Fully Developed Claim Defined.--For purposes of this section,
the term `fully developed claim' means a claim for a benefit under a
law administered by the Secretary--
``(1) for which the claimant--
``(A) received assistance from a veterans service
officer, a State or county veterans service officer, an
agent, or an attorney; or
``(B) submits along with the claim an appropriate
indication that the claimant does not intend to submit
any additional information in support of the claim and
does not require additional assistance with respect to
the claim; and
``(2) for which the claimant submits a certification in
writing that is signed by the claimant stating that at the time
of signature, no additional information is available or needs
to be submitted in order for the claim to be adjudicated.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end of
the items relating to subchapter I the following new item:
``5109C. Expedited treatment of fully developed claims.''.
(3) Deadlines for implementation.--By not later than 180
days after the date of the enactment of this Act, the Secretary
of Veterans Affairs shall establish a process for expediting
claims under section 5109C of title 38, United States Code, as
added by paragraph (1).
(b) Provision of Checklist to Individuals Submitting Incomplete
Claims.--
(1) Checklist.--Section 5103 of title 38, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b) Provision of Checklist.--In providing notice of required
information and evidence to a claimant and a claimant's representative,
if any, under subsection (a), the Secretary shall provide to the
claimant and any such representative a checklist that includes a
detailed description of information or evidence required to be
submitted by the claimant to substantiate the claim.''.
(2) Effective date.--Subsection (b) of section 5103 of
title 38, United States Code, as added by paragraph (1) shall
apply with respect to notice provided after the date that is
one year after the date of the enactment of this Act.
(3) Deadline for creation of checklist.--By not later than
180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall create the checklist
required under such subsection, as so added.
(4) Submittal to congress.--Not later than 60 days after
the Secretary creates the checklist required by such
subsection, as so added, the Secretary shall submit to Congress
the checklist.
SEC. 108. STUDY AND REPORT ON EMPLOYING MEDICAL PROFESSIONALS TO ASSIST
EMPLOYEES OF VETERANS BENEFITS ADMINISTRATION.
(a) Study.--The Secretary of Veterans Affairs shall conduct a study
to evaluate the need of the Veterans Benefits Administration of the
Department of Veterans Affairs to employ, in addition to medical
professionals of the Veterans Health Administration, including medical
professionals who are not physicians, to act as a medical reference for
employees of the Administration so that such employees may accurately
assess medical evidence submitted in support of claims for benefits
under laws administered by the Secretary. In no case shall any such
medical professional be employed to rate any disability or evaluate any
claim. In conducting the study, the Secretary shall conduct
statistically significant surveys of employees of the Administration to
ascertain whether, how, and to what degree medical professionals could
provide assistance to such employees.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to Congress a
report on the study conducted under subsection (a).
(c) Access to Medical Professionals.--If the Secretary hires
medical professionals pursuant to the study conducted under this
section, the Secretary shall ensure that employees employed by all
regional offices of the Veterans Benefits Administration have access to
such medical professionals.
SEC. 109. ASSIGNMENT OF PARTIAL DISABILITY RATINGS TO QUALIFYING
VETERANS.
(a) In General.--Chapter 11 of title 38, United States Code, is
amended by inserting after section 1155 the following new section:
``Sec. 1156. Partial disability ratings
``(a) Assignment of Partial Ratings.--For the purpose of providing
disability compensation under this chapter to a qualifying veteran, the
Secretary shall assign a partial disability rating to the veteran as
follows:
``(1) In the case of a qualifying veteran described in
subsection (b)(3)(A), a rating of 100 percent.
``(2) In the case of a qualifying veteran described in
subsection (b)(3)(B), a rating of 50 percent.
``(b) Qualifying Veteran.--For the purposes of this section, a
qualifying veteran is a veteran--
``(1) who has been discharged from active duty service for
365 days or less;
``(2) for whom a permanent disability rating is not
immediately assignable under the regular provisions of the
schedule for rating disabilities under section 1155 of this
title or on the basis of individual unemployability; and
``(3) who has--
``(A) a severe disability for whom substantially
gainful employment is not feasible or advisable; or
``(B) a wound or injury, whether healed, unhealed
or incompletely healed for whom material impairment of
employability is likely.
``(c) Examinations.--A medical examination of a qualifying veteran
is not required to be performed before assigning a partial disability
rating to the veteran under this section, but the fact that such an
examination is conducted shall not prevent the Secretary from assigning
such a rating.
``(d) Termination of Partial Rating.--(1) Except as provided in
paragraph (2), a partial disability rating assigned to a veteran under
this section shall remain in effect until the earlier of the following
dates:
``(A) The date on which the veteran receives a permanent
disability rating based on the schedule for rating disabilities
under section 1155 of this title.
``(B) The date that is 365 days after the date of the
veteran's last separation or release from active duty.
``(2) The Secretary may extend a partial disability rating assigned
to a veteran under this section beyond the applicable termination date
under paragraph (1), if the Secretary determines that such an extension
is appropriate.''.
(b) Effective Date.--Section 1156 of title 38, United States Code,
as added by paragraph (1), shall take effect on the date of the
enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1155 the following new item:
``1156. Partial disability ratings.''.
SEC. 110. REVIEW AND ENHANCEMENT OF USE OF INFORMATION TECHNOLOGY AT
VETERANS BENEFITS ADMINISTRATION.
(a) Review and Comprehensive Plan.--By not later than one year
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall conduct a review of the use of information technology at
the Veterans Benefits Administration and develop a comprehensive plan
for the use of such technology in processing claims for benefits under
laws administered by the Secretary of Veterans Affairs that would
reduce subjectivity, avoidable remands, and regional office variances
in disability ratings.
(b) Information Technology.--The plan developed under subsection
(a) shall include--
(1) the use of rules-based processing and information
technology systems and automated decision support software at
all levels of processing claims;
(2) the enhancement of the use of information technology
for all aspects of the claims process;
(3) a technological platform that allows for the use of
information that members of the Armed Forces, veterans, and
dependents have submitted electronically, including uploaded
military records, medical evidence, and other appropriate
documentation, and the capability to view applications for
benefits submitted online;
(4) the use of electronic examination templates in
conjunction with the schedule for rating disabilities under
section 1155 of title 38, United States Code;
(5) making such changes as may be required to the
information technology system of the Department so as to ensure
that users of such system are able to access the service
medical records of the Department of Defense by not later than
one year after the date on which the plan is implemented;
(6) the provision of bi-directional access to medical
records and service records between the Department of Veterans
Affairs and the Department of Defense; and
(7) the availability, on the Internet website of the
Department, of a mechanism that can be used by a claimant to
check on the status of any claim submitted by that claimant and
that provides information on--
(A) whether a decision has been reached with
respect to such a claim, notice of the decision; or
(B) if no such decision has been reached, notice
of--
(i) whether the application submitted by
the claimant is complete;
(ii) whether the Secretary requires
additional information or evidence to process
the claim;
(iii) the estimated date on which a
decision with respect to the claim is expected
to be made; and
(iv) the stage at which the claim is being
processed as of the date on which such status
is checked.
(c) Review of Best Practices and Lessons Learned.--In carrying out
this section, the Secretary shall review best practices and lessons
learned within the Department of Veterans Affairs and the use of the
technology known as ``VistA'' by other Government entities and private
sector organizations who employ information technology and automated
decision support software
(d) Reduction of Claims Processing Time.--In carrying out this
section, the Secretary shall ensure that a plan is developed that,
within three years of implementation, would reduce the processing time
for each claim processed by the Veterans Benefits Administration to not
longer than the average amount of time to required to process a claim,
as identified by the Secretary in the most recent annual report
submitted by the Secretary under section 7734 of title 38, United
States Code.
(e) Consultation.--In carrying out this section, the Secretary of
Veterans Affairs shall consult with information technology designers at
the Veterans Health Administration, VistA managers, the Secretary of
Defense, appropriate officials of other Government agencies,
appropriate individuals in the private and public sectors, veterans
service organizations, and other relevant service organizations.
(f) Report to Congress.--By not later than January 1, 2009, the
Secretary shall submit to Congress a report on the review and
comprehensive plan required under this section.
SEC. 111. TREATMENT OF CLAIMS UPON DEATH OF CLAIMANT.
(a) Treatment of Beneficiary of Veteran's Accrued Benefits as
Claimant for Purposes of Incomplete Claims Upon Death of Veteran.--
Chapter 51 of title 38, United States Code, is amended by inserting
after section 5121 the following new section:
``Sec. 5121A. Substitution in case of death of claimant
``(a) Substitution.--If a veteran who is a claimant dies while a
claim for any benefit under a law administered by the Secretary, or an
appeal of a decision with respect to such a claim, is pending and
awaiting adjudication, the person who would receive any accrued
benefits due to the veteran under section 5121(a)(2) of this title
shall be treated as the claimant for the purposes of processing the
claim to completion, except that such person may only submit new
evidence in support of the claim during the one-year period beginning
on the date of the death of the veteran.
``(b) Limitation.--Only one person may be treated as the claimant
under subsection (a).
``(c) Designation of Third Party.--If the person who would be
eligible to be treated as the claimant under subsection (a) certifies
to the Secretary that the person does not want to be treated as the
claimant for such purposes, such person may designate the person who
would receive the benefits under section 5121(a)(2) upon the death of
the person who would otherwise be treated as the claimant under
subsection (a) to be treated as the claimant for the purposes of
processing the claim to completion.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5121 the following new item:
``5121A. Death of claimant.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the claim of any veteran who dies on or after the
date of the enactment of this Act.
TITLE II--MATTERS RELATING TO UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS
SEC. 201. ANNUAL REPORTS ON WORKLOAD OF UNITED STATES COURT OF APPEALS
FOR VETERANS CLAIMS.
(a) In General.--Subchapter III of chapter 72 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7288. Annual report
``The chief judge of the Court shall annually submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report summarizing
the workload of the Court during the last fiscal year that ended before
the submission of such report. Such report shall include, with respect
to such fiscal year, the following information:
``(1) The number of appeals filed.
``(2) The number of petitions filed.
``(3) The number of applications filed under section 2412
of title 28.
``(4) The number and type of dispositions, including
settlements.
``(5) The median time from filing to disposition.
``(6) The number of oral arguments.
``(7) The number and status of pending appeals and
petitions and of applications described in paragraph (3).
``(8) A summary of any service performed by recalled
retired judges during the fiscal year.
``(9) The number of decisions or dispositions rendered by a
single judge, multi-judge panels and the full Court.
``(10) The number of cases pending longer than 18
months.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item related to section
7287 the following new item:
``7288. Annual report.''.
SEC. 202. MODIFICATION OF JURISDICTION AND FINALITY OF DECISIONS OF
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.
(a) Modification.--Section 7252(a) of title 38, United States Code,
is amended--
(1) by striking the third sentence; and
(2) by adding at the end the following new sentence: ``The
Court shall have power to affirm, modify, reverse, remand, or
vacate and remand a decision of the Board after deciding all
relevant assignments of error raised by an appellant for each
particular claim for benefits. In a case in which the Court
reverses a decision on the merits of a particular claim and
orders an award of benefits, the Court need not decide any
additional assignments of error with respect to that claim.''
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to a decision of the Board of Veterans' Appeals made
on or after the date of the enactment of this Act.
Passed the House of Representatives July 30, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.