US Codex
Bill
Notes

Title VI — Improvement of Processing of Claims for Compensation

S. 2413 · 113th Congress · Jun 2, 2014 · Lineage

VI Improvement of Processing of Claims for Compensation

A Claims Based on Military Sexual Trauma

Sec. 601 Medical examination and opinion for disability compensation claims based on military sexual trauma

(a)
In general— Section 5103A(d) is amended by adding at the end the following new paragraph:

“(3)

“(A) In the case of a claim for disability compensation based on a mental health condition related to military sexual trauma, 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)—

“(i)

“(I) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and

“(II) indicates that the disability or symptoms may be associated with the claimant’s active military, naval, or air service; but

“(ii) does not contain a diagnosis or opinion by a mental health professional that may assist in corroborating the occurrence of a military sexual trauma stressor related to a diagnosable mental health condition.

“(B) In this paragraph, the term military sexual trauma shall have the meaning specified by the Secretary for purposes of this paragraph, and shall include sexual harassment (as so specified).”

(b)
Report— Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the number of examinations and opinions conducted by the Secretary pursuant to paragraph (3) of section 5103A(d) of title 38, United States Code (as added by subsection (a)), including the following:
(1)
The number of examinations conducted using a standardized disability assessment.
(2)
The number of examinations conducted using a non-standardized clinical interview.

Sec. 602 Case representative officers for military sexual trauma support

(a)
In general— The Secretary of Veterans Affairs shall assign to each individual seeking compensation under the laws administered by the Secretary based on military sexual trauma a case representative officer who shall provide advice and general information to such individual on the claims process for such compensation. Each case representative officer so assigned shall be assigned from among current personnel of the Department of Veterans Affairs.
(b)
Liaison— A case representative officer assigned to an individual under subsection (a) shall be responsible for serving as a liaison between the individual, an authorized agent or attorney of the individual under section 5904 of title 38, United States Code, or an otherwise accredited representative of the individual, and the Department of Veterans Affairs on matters relating to the claim of the individual for compensation under the laws administered by the Secretary.
(c)
Case representative officer requirements—
(1)
Competence and knowledge— Each case representative officer assigned under subsection (a) shall be competent and knowledgeable about the following:
(A)
The claims adjudication process and applicable laws, regulations, and other authority applicable to the adjudication of disability claims based on military sexual trauma.
(B)
Such other services to victims of sexual trauma as the Secretary considers appropriate.
(2)
Limitation on number of individuals to which assigned— A case representative officer may not be assigned to more individuals described in subsection (a) than, as determined by the Secretary, is appropriate for the provision of individual case management assistance by such officer.
(d)
Information on benefits and programs relating to military sexual trauma—
(1)
In general— The Secretary shall make available to the public information on the availability of case representative officers under subsection (a) to assist in the application for benefits based on military sexual trauma. The Secretary shall revise and update the information so made available in order to ensure that the information is as current as possible.
(2)
Individuals separating from military service— The Secretary shall, in consultation with the Secretary of Defense, ensure that individuals who are being separated from the active military, naval, or air service are provided appropriate information about programs, requirements, and procedures for applying for benefits based on military sexual trauma and the availability of case representative officers under subsection (a).
(e)
Information on training for agents and representatives of individuals assigned case representative officer— The Secretary shall make available to the authorized agent or attorney of an individual assigned a case representative under subsection (a), or to the otherwise accredited representative of the individual, any relevant materials used to train such case representative officer for the duties of such position.
(f)
Advisory Committee on Women Veterans consideration of mechanisms To enhance coordination between VBA and VHA on benefits for military sexual trauma— The Advisory Committee on Women Veterans established under section 542 of title 38, United States Code, shall undertake actions to identify mechanisms to enhance coordination between the Veterans Benefits Administration and the Veterans Health Administration in the provision of benefits based on military sexual trauma, including the identification of barriers to the appropriate provision of benefits for military sexual trauma by such Administrations and of means of eliminating or reducing such barriers.
(g)
Annual reports— Not less frequently than annually, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth the following:
(1)
A certification whether or not the case representative officers assigned under subsection (a) during the preceding year met the requirements specified in subsection (c).
(2)
A description of the current training the Secretary provides to employees of the Veterans Benefits Administration on claims for benefits based on military sexual trauma, including the frequency, length, and content of such training.
(3)
A description of current policies and procedures on the training the Secretary provides to case representative officers, including the current position descriptions for case representative officers.
(4)
A description of current efforts to coordinate activities and assistance provided to individuals who seek care or benefits for military sexual trauma between the Veterans Health Administration and Veterans Benefits Administration, including the efforts of the Advisory Committee on Women Veterans under subsection (f).
(h)
Sunset—
(1)
In general— No case representative officer may be assigned under subsection (a) after December 31, 2018.
(2)
Continuation of duties after sunset date— Paragraph (1) shall not be construed to prohibit any case representative officer assigned to an individual before the date specified in that paragraph from performing duties pursuant to this section after that date with respect to a claim for which that case representative officer was assigned to such individual before that date.
(i)
Definitions— In this section:
(1)
Active military, naval, or air service— The term active military, naval, or air service has the meaning given that term in section 101 of title 38, United States Code.
(2)
Military sexual trauma— The term military sexual trauma shall have the meaning specified by the Secretary for purposes of this section, and shall include sexual harassment (as so specified).

Sec. 603 Report on standard of proof for service-connection of mental health conditions related to military sexual trauma

(a)
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the current standard of proof for service-connection under chapter 11 of title 38, United States Code, for covered mental health conditions based on military sexual trauma.
(b)
Recommendations— The Secretary shall include in the report under subsection (a) any recommendations the Secretary considers appropriate to improve the adjudication of claims for compensation based on military sexual trauma, including—
(1)
recommendations for an appropriate standard of proof for such claims if the Secretary considers such recommendations advisable; and
(2)
recommendations for legislative action, if necessary, to carry out such improvement.
(c)
Definitions— In this section:
(1)
Active military, naval, or air service— The term active military, naval, or air service has the meaning given that term in section 101 of title 38, United States Code.
(2)
Covered mental health condition— The term covered mental health condition means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis that the Secretary determines to be related to military sexual trauma.
(3)
Military sexual trauma— The term military sexual trauma shall have the meaning specified by the Secretary for purposes of this section, and shall include sexual harassment (as so specified).

Sec. 604 Reports on claims for disabilities incurred or aggravated by military sexual trauma

(a)
Reports— Not later than December 1, 2014, and each year thereafter through 2018, the Secretary of Veterans Affairs shall submit to Congress a report on the covered claims submitted to the Secretary during the previous fiscal year.
(b)
Elements— Each report under subsection (a) shall include the following:
(1)
The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report.
(2)
Of the covered claims under paragraph (1), the number and percentage of such claims—
(A)
submitted by each gender;
(B)
that were approved, including the number and percentage of such approved claims submitted by each gender; and
(C)
that were denied, including the number and percentage of such denied claims submitted by each gender.
(3)
Of the covered claims under paragraph (1) that were approved, the number and percentage, listed by each gender, of claims assigned to each rating percentage of disability.
(4)
Of the covered claims under paragraph (1) that were denied—
(A)
the three most common reasons given by the Secretary under section 5104(b)(1) of title 38, United States Code, for such denials; and
(B)
the number of denials that were based on the failure of a veteran to report for a medical examination.
(5)
Of the covered claims under paragraph (1) that were resubmitted to the Secretary after denial in a previous adjudication—
(A)
the number of such claims submitted to or considered by the Secretary during the fiscal year covered by the report;
(B)
the number and percentage of such claims—
(i)
submitted by each gender;
(ii)
that were approved, including the number and percentage of such approved claims submitted by each gender; and
(iii)
that were denied, including the number and percentage of such denied claims submitted by each gender;
(C)
the number and percentage, listed by each gender, of claims assigned to each rating percentage of disability; and
(D)
of such claims that were again denied—
(i)
the three most common reasons given by the Secretary under section 5104(b)(1) of such title for such denials; and
(ii)
the number of denials that were based on the failure of a veteran to report for a medical examination.
(6)
The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal.
(7)
For the fiscal year covered by the report, the average number of days that covered claims take to complete beginning on the date on which the claim is submitted.
(c)
Definitions— In this section:
(1)
Active military, naval, or air service— The term active military, naval, or air service has the meaning given that term in section 101 of title 38, United States Code.
(2)
Covered claims— The term covered claims means claims for disability compensation submitted to the Secretary based on post traumatic stress disorder alleged to have been incurred or aggravated by military sexual trauma.
(3)
Military sexual trauma— The term military sexual trauma shall have the meaning specified by the Secretary for purposes of this section, and shall include sexual harassment (as so specified).

B Claims for dependency and indemnity compensation

Sec. 611 Program on treatment of certain applications for dependency and indemnity compensation as fully developed claims

(a)
In general— The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of expediting the treatment of a covered dependency and indemnity compensation claim.
(b)
Covered dependency and indemnity compensation claims— For purposes of this section, a covered dependency and indemnity compensation claim is a claim submitted to the Secretary for compensation under chapter 13 of title 38, United States Code, for which the claimant—
(1)
applies for such compensation within one-year of the death of the veteran upon whose service the claim is based;
(2)
was the dependent on the claim of a veteran who was receiving benefits for one or more service-connected conditions as of the date of death;
(3)
submits a death certificate or other evidence with the claim indicating that the veteran’s death was due to a service-connected or compensable disability; and
(4)
in the case that the claimant is the spouse of the deceased veteran, certifies that he or she has not remarried since the date of the veteran’s death.
(c)
Duration— The program shall be carried out during the one-year period beginning on the date that is 90 days after the date of the enactment of this Act.
(d)
Locations— The program shall be carried out at the Pension Management Center of the Department of Veterans Affairs or such centers selected by the Secretary for purposes of the program.
(e)
Report—
(1)
In general— Not later than 270 days after the date on which the program is completed, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the program.
(2)
Contents— The report required by paragraph (1) shall include the following:
(A)
The number of covered dependency and indemnity compensation claims that were adjudicated under the program, disaggregated by the following:
(i)
Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the spouse of a deceased veteran.
(ii)
Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the child of a deceased veteran.
(iii)
Claims in which the claimant claimed entitlement to compensation on the basis of the claimant's status as the parent of a deceased veteran.
(B)
The number of covered dependency and indemnity compensation claims that were adjudicated under the program and for which compensation was not awarded, disaggregated by clauses (i) through (iii) of subparagraph (A).
(C)
A comparison of the accuracy and timeliness of claims adjudicated under the program with claims submitted to the Secretary for compensation under chapter 13 of title 38, United States Code, that were not provided expeditious treatment under the program.
(D)
The findings of the Secretary with respect to the program.
(E)
Such recommendations as the Secretary may have for legislative or administrative action to improve the adjudication of claims submitted to the Secretary for compensation under chapter 13 of title 38, United States Code.

Sec. 612 Report by Secretary of Veterans Affairs on improving timeliness and accuracy of administration of claims for dependency and indemnity compensation and pension for surviving spouses and children

(a)
In general— Not later than 455 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report with recommendations for legislative or administrative actions to improve the timeliness and accuracy with which the Secretary processes and adjudicates claims for compensation under chapter 13 of title 38, United States Code, and pension under sections 1541 and 1542 of such title.
(b)
Effective date— This section shall take effect on the date that is one year after the date of the enactment of this Act.

C Agency of Original Jurisdiction

Sec. 621 Working group to improve employee work credit and work management systems of Veterans Benefits Administration in an electronic environment

(a)
Establishment— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a working group to assess and develop recommendations for the improvement of the employee work credit and work management systems of the Veterans Benefits Administration in an electronic environment.
(b)
Composition— The working group shall be composed of the following:
(1)
The Secretary or the Secretary's designee.
(2)
Individuals selected by the Secretary from among employees of the Department of Veterans Affairs who handle claims for compensation and pension benefits and are recommended to the Secretary by a labor organization for purposes of this section, including at least one of each of the following individuals:
(A)
A veterans service representative.
(B)
A rating veterans service representative.
(C)
A decision review officer.
(3)
Not fewer than three individuals selected by the Secretary to represent different organizations recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.
(4)
Individuals selected by the Secretary—
(A)
that are not employees of the Department; and
(B)
that are experts in work credit and work management systems.
(c)
Duties— The duties of the working group are to assess and develop recommendations for the following:
(1)
The improvement of the employee work credit and work management systems of the Veterans Benefits Administration in an electronic environment.
(2)
A scientific, data based methodology to be used in revising the employee work credit system of the Department to improve the quality and quantity of work produced by employees of the Department.
(3)
The improvement of the resource allocation model of the Veterans Benefits Administration, with a focus on the processing of claims in an electronic environment.
(4)
A schedule by which the revisions referred to in paragraph (2) will be implemented by the Department.
(d)
Review and incorporation of findings from prior study— In carrying out its duties under subsection (c), the working group shall review the findings and conclusions of previous studies of the employee work credit and work management systems of the Veterans Benefits Administration.
(e)
Role of the Secretary— The Secretary shall consider the recommendations of the working group and implement such recommendations as the Secretary determines appropriate.
(f)
Reports—
(1)
Interim report— Not later than 180 days after the date of the establishment of the working group, the working group shall submit to Congress a report on the progress of the working group.
(2)
Final report— Not later than one year after the date of the establishment of the working group, the Secretary shall submit to Congress the methodology described in subsection (c)(2) and the schedule described in subsection (c)(4) that the Secretary has decided to implement pursuant to subsection (e).
(g)
Implementation of methodology and schedule— After submitting the report under subsection (f), the Secretary shall take such actions as may be necessary to apply the methodology described in subsection (c)(2) and the schedule described in subsection (c)(4) that the Secretary has decided to implement pursuant to subsection (e).

Sec. 622 Task force on retention and training of Department of Veterans Affairs claims processors and adjudicators

(a)
Establishment— The Secretary of Veterans Affairs shall establish a task force to assess retention and training of claims processors and adjudicators that are employed by the Department of Veterans Affairs and other departments and agencies of the Federal Government.
(b)
Composition— The task force shall be composed of the following:
(1)
The Secretary of Veterans Affairs or designee.
(2)
The Director of the Office of Personnel Management or designee.
(3)
The Commissioner of Social Security or designee.
(4)
An individual selected by the Secretary of Veterans Affairs who represents an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.
(5)
Such other individuals selected by the Secretary who represent such other organizations and institutions as the Secretary considers appropriate.
(c)
Duration— The task force established under subsection (a) shall terminate not later than two years after the date on which the task force is established under such subsection.
(d)
Duties— The duties of the task force are as follows:
(1)
To identify key skills required by claims processors and adjudicators to perform the duties of claims processors and adjudicators in the various claims processing and adjudication positions throughout the Federal Government.
(2)
To identify reasons for employee attrition from claims processing positions.
(3)
To coordinate with educational institutions to develop training and programs of education for members of the Armed Forces to prepare such members for employment in claims processing and adjudication positions in the Federal Government.
(4)
To identify and coordinate offices of the Department of Defense and the Department of Veterans Affairs located throughout the United States to provide information about, and promotion of, available claims processing positions to members of the Armed Forces transitioning to civilian life and to veterans with disabilities.
(5)
To establish performance measures to evaluate the effectiveness of the task force.
(6)
Not later than one year after the date of the establishment of the task force, to develop a Government-wide strategic and operational plan for promoting employment of veterans in claims processing positions in the Federal Government.
(7)
To establish performance measures to assess the plan developed under paragraph (6), to assess the implementation of such plan, and to revise such plan as the task force considers appropriate.
(e)
Reports—
(1)
Submittal of plan— Not later than one year after the date of the establishment of the task force, the Secretary of Veterans Affairs shall submit to Congress a report on the plan developed by the task force under subsection (d)(6).
(2)
Assessment of implementation— Not later than 120 days after the termination of the task force, the Secretary shall submit to Congress a report that assesses the implementation of the plan developed by the task force under subsection (d)(6).

Sec. 623 Reports on requests by the Department of Veterans Affairs for records of other Federal agencies

(a)
Reports required— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter through the date that is 910 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the attempts of the Department of Veterans Affairs to obtain records necessary to adjudicate claims for benefits from another department or agency of the Federal Government during the 180-day period ending on the date of such report.
(b)
Elements—
(1)
In general— Each report shall set forth the following:
(A)
For the period covered by such report, the following:
(i)
The total number of requests made by the Department.
(ii)
The types of records requested.
(iii)
The number of requests made before the receipt of each record.
(iv)
The amount of time between the initial request for each record and the receipt of each record.
(v)
The number of occurrences of the receipt of a record after the adjudication of the claim for which the record was sought.
(vi)
A description of the efforts of the Secretary to expedite the delivery of records to the Department from other departments and agencies of the Federal Government.
(B)
Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of such report.
(2)
Presentation— The information in a report under clauses (i) through (v) of paragraph (1)(A) shall be set forth separately for each department and agency of the Federal Government covered by such report.

Sec. 624 Recognition of representatives of Indian tribes in the preparation, presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs

Section 5902(a)(1) is amended by inserting “, including Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b))” after “as the Secretary may approve”.

Sec. 625 Program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to Department of Veterans Affairs

(a)
Program required— The Secretary of Veterans Affairs shall carry out a program to assess the feasibility and advisability of entering into memoranda of understanding with local governments and tribal organizations—
(1)
to improve the quality of claims submitted to the Secretary for compensation under chapter 11 of title 38, United States Code, and pension under chapter 15 of such title; and
(2)
to provide assistance to veterans who may be eligible for such compensation or pension in submitting such claims.
(b)
Minimum number of participating tribal organizations— In carrying out the program required by subsection (a), the Secretary shall enter into, or maintain existing, memoranda of understanding with at least—
(1)
two tribal organizations; and
(2)
10 State or local governments.
(c)
Duration— The program shall be carried out during the two-year period beginning on the date of the commencement of the program.
(d)
Report—
(1)
Initial report— Not later than one year after the date of the commencement of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following:
(A)
A description of the implementation and operation of the program, including a description of outreach conducted by the Secretary to tribal organizations and State and local governments.
(B)
An evaluation of the program, including the total number of memoranda of understanding entered into or maintained by the Secretary.
(2)
Final report— Not later than 180 days after the termination of the program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report that includes the following:
(A)
A description of the implementation and operation of the program, including a description of outreach conducted by the Secretary to tribal organizations and State and local governments.
(B)
An evaluation of the program, including the total number of memoranda of understanding entered into or maintained by the Secretary.
(C)
The findings and conclusions of the Secretary with respect to the program.
(D)
Such recommendations for continuation or expansion of the program as the Secretary considers appropriate.
(e)
Tribal organization defined— In this section, the term tribal organization has the meaning given that term in section 3765 of title 38, United States Code.

Sec. 626 Department of Veterans Affairs notice of average times for processing compensation claims

(a)
Public notice— The Secretary of Veterans Affairs shall, to the extent practicable, post the information described in subsection (b)—
(1)
in physical locations, such as Regional Offices or other claims in-take facilities, that the Secretary considers appropriate;
(2)
on the Internet website of the Department; and
(3)
through other mediums or using such other methods, including collaboration with veterans service organizations, as the Secretary considers appropriate.
(b)
Information described—
(1)
In general— The information described in this subsection is the average processing time of the claims described in paragraph (2).
(2)
Claims described— The claims described in this paragraph are each of the following types of claims for benefits under the laws administered by the Secretary of Veterans Affairs:
(A)
A fully developed claim.
(B)
A claim that is not fully developed.
(3)
Update of information— The information described in this subsection shall be updated not less frequently than once each fiscal quarter.
(c)
Expiration of requirements— The requirements of subsection (a) shall expire on December 31, 2015.
(d)
Veterans service organization defined— In this section, the term veterans service organization means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.

Sec. 627 Quarterly reports on progress of Department of Veterans Affairs in eliminating backlog of claims for compensation that have not been adjudicated

(a)
In general— Not later than 90 days after the date of the enactment of this Act and not less frequently than quarterly thereafter through calendar year 2015, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the backlog of claims filed with the Department of Veterans Affairs for compensation that have not been adjudicated by the Department.
(b)
Contents— Each report submitted under subsection (a) shall include the following:
(1)
For each month through calendar year 2015, a projection of the following:
(A)
The number of claims completed.
(B)
The number of claims received.
(C)
The number of claims on backlog at the end of the month.
(D)
The number of claims pending at the end of the month.
(E)
The number of appeals pending at the end of the month.
(F)
A description of the status of the implementation of initiatives carried out by the Secretary to address the backlog, including the expected impact of those initiatives on accuracy and timeliness of adjudication of claims.
(2)
For each quarter through calendar year 2015, a projection of the average accuracy of disability determinations for compensation claims that require a disability rating (or disability decision).
(3)
For each month during the most recently completed quarter, the following:
(A)
The number of claims completed.
(B)
The number of claims received.
(C)
The number of claims on backlog at the end of the month.
(D)
The number of claims pending at the end of the month.
(E)
The number of appeals pending at the end of the month.
(F)
A description of the status of the implementation of initiatives carried out by the Secretary to address the backlog, including the impact of those initiatives on accuracy and timeliness of adjudication of claims.
(G)
An assessment of the accuracy of disability determinations for compensation claims that require a disability rating (or disability decision).
(4)
For the most recently completed quarter—
(A)
the number of cases physically received at the Board of Veterans’ Appeals and docketed;
(B)
the number of cases pending at the Board of Veterans’ Appeals at the end of the quarter;
(C)
the number of cases physically at the Board of Veterans’ Appeals at the end of the quarter;
(D)
the number of notices of disagreement and appeals filed to the agency of original jurisdiction referred to in section 7105(b)(1) of title 38, United States Code; and
(E)
the number of decisions made by the Board of Veterans’ Appeals and the percentage of such decisions that were allowed, remanded, denied, or otherwise disposed of.
(c)
Availability to public— The Secretary shall make each report submitted under subsection (a) available to the public.
(d)
On backlog and pending defined— In this section, the terms on backlog and pending, with respect to a claim for compensation received by the Secretary, shall have the meaning specified by the Secretary for purposes of this section.

Sec. 628 Reports on use of existing authorities to expedite benefits decisions

(a)
Report on current use of temporary, intermediate, and provisional rating decisions—
(1)
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the use of temporary, intermediate, and provisional rating decisions to expedite the benefits decisions of the Department of Veterans Affairs.
(2)
Report elements— The report required by paragraph (1) shall include the following:
(A)
With respect to temporary and intermediate rating decisions, the following:
(i)
The number of temporary and intermediate rating decisions issued by the Department during each of fiscal years 2011, 2012, and 2013.
(ii)
A description of any reasons or obstacles that prevent use of existing authorities to issue temporary or intermediate rating decisions.
(iii)
A description of the Quick Pay Disability initiative, including the rationale for not expanding the initiative beyond pilot program status.
(B)
With respect to provisional rating decisions, the following:
(i)
The number of provisional rating decisions issued by the Department during the oldest claims first initiative.
(ii)
Of the provisional rating decisions issued during the oldest claims first initiative—
(I)
the number of such decisions that involved a claim granted;
(II)
the number of such decisions that involved a claim denied; and
(III)
the number of such decisions that involved a claim granted in part or a claim denied in part.
(iii)
A statement of the most common reasons claims were not granted earlier under the oldest claims first initiative when there was sufficient evidence to render an award of benefits in the provisional rating decision.
(iv)
The average number of days to issue a provisional rating decision under the oldest claims first initiative.
(v)
Of the total number of decisions that were completed under the oldest claims first initiative—
(I)
the number that were Category 1 claims and received a final rating decision; and
(II)
the number that were Category 2 claims and received a provisional rating decision.
(vi)
The number of rating decisions issued during the oldest claims first imitative that involved a brokered claim, set forth by number of such claims by Regional Office of the Department, including—
(I)
the number of brokered claims received by each Regional Office; and
(II)
the number of brokered claims issued by each Regional Office.
(vii)
The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested that the provisional decision become final in order to appeal.
(viii)
The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested an appeal after the expiration of the 1-year period beginning on the date of notification of the provisional rating decision.
(ix)
An assessment of the accuracy of provisional rating decisions issued during the oldest claims first initiative, set forth by Category 1 claims and Category 2 claims.
(C)
Such other matters as the Secretary considers appropriate for purposes of the report.
(3)
Supplemental information— If the Secretary continues to obtain information on rating decisions under clauses (vii) and (viii) of paragraph (2)(B) after the date of the submittal of the report required by paragraph (1), the Secretary shall submit to the committees of Congress referred to in paragraph (1) a report on such information that supplements the information on such clauses in the report under paragraph (1) when the Secretary completes accumulation of such information.
(b)
Plan for increase in use of temporary or intermediate rating decisions—
(1)
Report on plan required— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a plan to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department when the record contains sufficient evidence to grant any claim at issue, including service connection.
(2)
Plan elements— The plan required under paragraph (1) shall include the following:
(A)
Mechanisms to overcome obstacles to the use of temporary or intermediate rating decisions, including mechanisms (such as upgrades) to assure the ability of the Veterans Benefits Management System to facilitate the issuance of temporary or intermediate rating decisions.
(B)
Mechanisms to ensure that appropriate claimant populations, such as claimants who file complex or multi-issue disability compensation claims, benefit from the availability of temporary or intermediate rating decisions.
(C)
Mechanisms to provide for the use of temporary or intermediate rating decisions, including mechanisms to resolve whether a request by a claimant or claimant representative should trigger use of a temporary or intermediate rating decision depending on the circumstances of the claimant.
(D)
Mechanisms to prevent the use of temporary or intermediate rating decisions in lieu of a final rating decision when a final rating decision could be made with little or no additional claim development.
(E)
Such recommendations for legislative or administrative action as the Secretary considers appropriate to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department.

Sec. 629 Reports on Department disability medical examinations and prevention of unnecessary medical examinations

(a)
Report on disability medical examinations furnished by Department of Veterans Affairs—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the furnishing of general medical and specialty medical examinations by the Department of Veterans Affairs for purposes of adjudicating claims for benefits under laws administered by the Secretary.
(2)
Contents— The report submitted under paragraph (1) shall include the following:
(A)
The number of general medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating claims for benefits under laws administered by the Secretary.
(B)
The number of general medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim in which a comprehensive joint examination was conducted, but for which no disability relating to a joint, bone, or muscle had been asserted as an issue in the claim.
(C)
The number of specialty medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim.
(D)
The number of specialty medical examinations furnished by the Department during the period of fiscal years 2009 through 2012 for purposes of adjudicating a claim in which one or more joint examinations were conducted.
(E)
A summary with citations to any medical and scientific studies that provide a basis for determining that three repetitions is adequate to determine the effect of repetitive use on functional impairments.
(F)
The names of all examination reports, including general medical examinations and Disability Benefits Questionnaires, used for evaluation of compensation and pension disability claims which require measurement of repeated ranges of motion testing and the number of examinations requiring such measurements which were conducted in fiscal year 2012.
(G)
The average amount of time taken by an individual conducting a medical examination to perform the three repetitions of movement of each joint.
(H)
A discussion of whether there are more efficient and effective scientifically reliable methods of testing for functional loss on repetitive use of an extremity other than the three time repetition currently used by the Department.
(I)
Recommendations as to the continuation of the practice of measuring functional impairment by using three repetitions of movement of each joint during the examination as a criteria for evaluating the effect of repetitive motion on functional impairment with supporting rationale.
(b)
Report and plan To prevent the ordering of unnecessary medical examinations—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the efforts of the Secretary in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section 5125 of title 38, United States Code.
(2)
Contents— The report required by paragraph (1) shall include the following:
(A)
Criteria used by the Secretary to determine if a claim is eligible for the Acceptable Clinical Evidence initiative.
(B)
The number of claims determined to be eligible for the Acceptable Clinical Evidence initiative during the period beginning on the date of the initiation of the initiative and ending on the date of the enactment of this Act, disaggregated—
(i)
by fiscal year; and
(ii)
by claims determined eligible based in whole or in part on medical evidence provided by a private health care provider.
(C)
The total number of claims determined to be eligible for the Acceptable Clinical Evidence initiative that required an employee of the Department to supplement the evidence with information obtained during a telephone interview with a claimant or health care provider.
(D)
Information on any other initiatives or efforts, including disability benefits questionnaires, of the Department to further encourage the use of medical evidence provided by a private health care provider and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim.
(E)
A plan—
(i)
to measure, track, and prevent the ordering of unnecessary medical examinations when the provision by a claimant of a medical examination administered by a private physician in support of a claim for benefits under chapter 11 or 15 of title 38, United States Code, is adequate for the purpose of making a decision on that claim; and
(ii)
that includes the actions the Secretary will take to eliminate any request by the Department for a medical examination in the case of a claim for benefits under chapter 11 or 15 of such title in support of which a claimant submits medical evidence or a medical opinion provided by a private health care provider that is competent, credible, probative, and otherwise adequate for purposes of making a decision on that claim.

D Board of Veterans' Appeals and Court of Appeals for Veterans Claims

Sec. 631 Determination of manner of appearance for hearings before Board of Veterans' Appeals

(a)
In general— Section 7107 is amended—
(1)
in subsection (a)(1), by striking “in subsection (f)” and inserting “in subsection (g)”;
(2)
by redesignating subsection (f) as subsection (g); and
(3)
by striking subsections (d) and (e) and inserting the following new subsections:

“(d)

“(1) Except as provided in paragraph (2), a hearing before the Board shall be conducted through picture and voice transmission, by electronic or other means, in such a manner that the appellant is not present in the same location as the members of the Board during the hearing.

“(2)

“(A) A hearing before the Board shall be conducted in person upon the request of an appellant.

“(B) In the absence of a request under subparagraph (A), a hearing before the Board may also be conducted in person as the Board considers appropriate.

“(e)

“(1) In a case in which a hearing before the Board is to be held as described in subsection (d)(1), 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 as described in subsection (d)(1) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing.

“(f)

“(1) In a case in which a hearing before the Board is to be held as described in subsection (d)(2), the appellant may request that the hearing 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.

“(2) A hearing to be held within an area served by a regional office of the Department shall (except as provided in paragraph (3)) be scheduled to be held in accordance with the place of the case on the docket under subsection (a) relative to other cases on the docket for which hearings are scheduled to be held within that area.

“(3) A hearing to be held within an area served by a regional office of the Department may, for cause shown, be advanced on motion for an earlier hearing. Any such motion shall set forth succinctly the grounds upon which the motion is based. Such a motion may be granted only—

“(A) if the case involves interpretation of law of general application affecting other claims;

“(B) if the appellant is seriously ill or is under severe financial hardship; or

“(C) for other sufficient cause shown.”

(b)
Effective date— The amendments 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.