US Codex
Bill
Notes

Title I — Benefits claims submission

S. 2091 · 113th Congress · Mar 6, 2014 · Lineage

I Benefits claims submission

Sec. 101 Modification of Transition Assistance Program to enable online participation

Section 1144 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(f) Online curriculum

“(1) The Secretary of Labor, in conjunction with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs, shall take such actions and make such modifications to the eBenefits Internet website as may be necessary to ensure that members of the armed forces and spouses described in subsection (a)(1) can participate in the program carried out under this section through such Internet website.

“(2) An individual subject to a requirement under subsection (c) may not satisfy such requirement by participating in the program carried out under this section solely through an Internet website.”

Sec. 102 Requirement to encourage claimants to use appropriate forms

The Secretary of Veterans Affairs shall encourage each individual who is seeking to file a claim with the Secretary for a benefit under a law administered by the Secretary to file such claim using an appropriate form established by the Secretary for such purpose.

Sec. 103 Required communications to users of eBenefits Internet website

(a)
Automated notification of resources— The Secretary of Veterans Affairs shall take such measures as may be necessary so that whenever an individual establishes an account on the eBenefits Internet website of the Department of Veterans Affairs and Department of Defense an e-mail is sent to the individual that includes a description of the following:
(1)
The benefits of filing a fully developed claim.
(2)
Where the individual can go to obtain assistance in filing a fully developed claim, including the following:
(A)
The Department of Veterans Affairs.
(B)
An organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.
(b)
Alternate communication— Whenever the Secretary sends a message to an individual through the eBenefits Internet website described in subsection (a), the Secretary shall also send such message to the individual through the use of a second medium selected by the individual, such as by telephone or by sending an e-mail to a private e-mail address of the individual.

Sec. 104 Extension of authority for retroactive date of awards for filing fully developed claims

Section 5110(b)(2)(C) of title 38, United States Code, is amended by striking “the date that is three years after the date of the enactment of such Act” and inserting “September 30, 2020”.

Sec. 105 Requirement that decisions on claims explain benefits of filing appeals within 180 days

Section 5104(a) of title 38, United States Code, is amended—
(1)
by inserting “(1)” before “In the case”; and
(2)
by striking the second sentence and inserting the following new paragraph:

“(2) The notice shall include the following:

“(A) An explanation of the procedure for obtaining review of the decision.

“(B) An explanation of the benefits of filing for review of the decision within 180 days.”

Sec. 106 Requirement to use Department of Veterans Affairs form 21–0958 in regional offices for filing of notices of disagreement

The Secretary of Veterans Affairs shall use Department of Veterans Affairs form 21–0958, or such other form as the Secretary may require, in each of the regional offices of the Department for purposes of filing notices of disagreement under section 7105(b) of title 38, United States Code.

Sec. 107 Determination of manner of appearance for hearings before Board of Veterans' Appeals

(a)
In general— Section 7107 of title 38, United States Code, is amended—
(1)
by striking subsection (e);
(2)
by redesignating subsections (d) and (f) as subsections (f) and (g), respectively;
(3)
by inserting after subsection (c) the following new subsections (d) and (e):

“(d)

“(1) Subject to paragraph (2), a hearing before the Board shall be conducted, as the Board considers appropriate—

“(A) in person; or

“(B) through picture and voice transmission, by electronic or other means, in such manner that the appellant is not present in the same location as the members of the Board during the hearing.

“(2) Upon request by an appellant, a hearing before the Board shall be conducted, as the appellant considers appropriate—

“(A) in person; or

“(B) through picture and voice transmission as described in paragraph (1)(B).

“(e)

“(1) In a case in which a hearing before the Board is to be conducted through picture and voice transmission as described in subsection (d)(1)(B), the Secretary shall provide suitable facilities and equipment to the Board or other components of the Department to enable an appellant located at an appropriate facility within the area served by a regional office to participate as so described.

“(2) Any hearing conducted through picture and voice transmission as described in subsection (d)(1)(B) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing.”

(4)
in subsection (f)(1), as redesignated by paragraph (2), by striking “An appellant may request” and all that follows through “office of the Department” and inserting “In a case in which a hearing before the Board is to be conducted in person, the hearing shall be held at the principal location of the Board or at a facility of the Department located within the area served by a regional office of the Department.”.
(b)
Effective date— The amendment made by subsection (a) shall apply with respect to cases received by the Board of Veterans' Appeals pursuant to notices of disagreement submitted on or after the date of the enactment of this Act.