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Title III — Disability compensation and pension

S. 2921 · 114th Congress · May 11, 2016 · Lineage

III Disability compensation and pension

Sec. 301 Expedited payment of survivor's benefits

(a)
In general— Section 5101(a)(1) of title 38, United States Code, is amended—
(1)
by striking “A specific” and inserting “(A) Except as provided in subparagraph (B), a specific”; and
(2)
by adding at the end the following new subparagraph:

“(B)

“(i) The Secretary may pay benefits under chapters 13 and 15 and sections 2302, 2307, and 5121 of this title to a survivor of a veteran who has not filed a formal claim if the Secretary determines that the record contains sufficient evidence to establish the entitlement of the survivor to such benefits.

“(ii) For purposes of this subparagraph and section 5110 of this title, the earlier of the following dates shall be treated as the date of the receipt of the survivor's application for benefits described in clause (i):

“(I) The date on which the survivor of a veteran (or the representative of such a survivor) notifies the Secretary of the death of the veteran through a death certificate or other relevant evidence that establishes entitlement to survivors benefits identified in clause (i).

“(II) The head of any other department or agency of the Federal Government notifies the Secretary of the death of the veteran.

“(iii) In notifying the Secretary of the death of a veteran as described in clause (ii)(I), the survivor (or the representative of such a survivor) may submit to the Secretary additional documents relating to such death without being required to file a formal claim.”

(b)
Report—
(1)
In general— Not later than one year 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 benefits paid pursuant to covered claims.
(2)
Contents— The report under paragraph (1) shall include the following:
(A)
The number of covered claims adjudicated during the one-year period preceding the date of the report, disaggregated by the following:
(i)
Claims in which the claimant claimed entitlement to benefits under chapters 13 or 15 or sections 2302, 2307, or 5121 of title 38, United States Code, on the basis of the claimant's status as the spouse of a deceased veteran.
(ii)
Claims in which the claimant claimed entitlement to such benefits on the basis of the claimant's status as the child of a deceased veteran.
(iii)
Claims in which the claimant claimed entitlement to such benefits on the basis of the claimant's status as the parent of a deceased veteran.
(B)
The number of covered claims that were adjudicated during such period and for which such benefits were not awarded, disaggregated by clauses (i) through (iii) of subparagraph (A).
(C)
A comparison of the accuracy and timeliness of covered claims adjudicated during such period with noncovered claims filed by survivors of a veteran.
(D)
The findings of the Secretary with respect to adjudicating covered claims.
(E)
Such recommendations as the Secretary may have for legislative or administrative action to improve the adjudication of claims submitted to the Secretary for benefits under chapters 13 and 15 and sections 2302, 2307, and 5121 of title 38, United States Code.
(3)
Covered claim defined— In this subsection, the term covered claim means a claim covered by section 5101(a)(1)(B) of title 38, United States Code, as added by subsection (a).
(c)
Effective date— The amendments made by subsection (a) shall apply with respect to claims for benefits based on a death occurring on or after the date of the enactment of this Act.

Sec. 302 Increase in special pension for Medal of Honor recipients

(a)
In general— Section 1562(a) of title 38, United States Code, is amended by striking “$1,000” and inserting “$3,000”.
(b)
Effective date—
(1)
In general— The amendment made by subsection (a) shall take effect on the date that is—
(A)
except as provided in subparagraph (B), one year after the date of the enactment of this Act; and
(B)
in the case that the date that is one year after the date of the enactment of this Act is not the first day of a month, the first day of the first month beginning after the date that is one year after the date of the enactment of this Act.
(2)
Delay of annual cost of living adjustment—
(A)
In general— The Secretary shall not make an increase pursuant to section 1562(e) of such title effective December 1, 2016, if the amendment made by subsection (a) takes effect before such date.
(B)
Resumption— In the case that the Secretary, pursuant to subparagraph (A), does not make an increase pursuant to section 1562(e) of such title effective December 1, 2016, the Secretary shall resume making increases pursuant to such section with the first such increase effective December 1, 2017.

Sec. 303 Board of Veterans' Appeals video hearings

Section 7107 of title 38, United States Code, is amended—
(1)
in subsection (d), by amending paragraph (1) to read as follows:

“(1)

“(A)

“(i) Upon request for a hearing, the Board shall determine, for purposes of scheduling the hearing for the earliest possible date, whether a hearing before the Board will be held at its principal location or at a facility of the Department or other appropriate Federal facility located within the area served by a regional office of the Department.

“(ii) The Board shall also determine whether to provide a hearing through the use of the facilities and equipment described in subsection (e)(1) or by the appellant personally appearing before a Board member or panel.

“(B)

“(i) The Board shall notify the appellant of the determinations of the location and type of hearing made under subparagraph (A).

“(ii) Upon notification, the appellant may request a different location or type of hearing as described in such subparagraph.

“(iii) If so requested, the Board shall grant such request and ensure that the hearing is scheduled at the earliest possible date without any undue delay or other prejudice to the appellant.”

(2)
in subsection (e), by amending paragraph (2) to read as follows:

“(2) Any hearing provided through the use of the facilities and equipment described in paragraph (1) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing.”

Sec. 304 Improvements to authority for performance of medical disabilities examinations by contract physicians

(a)
Extension of temporary authority— Subsection (c) of section 704 of the Veterans Benefits Act of 2003 (38 U.S.C. 5101 note) is amended by striking “December 31, 2016” and inserting “December 31, 2017”.
(b)
Licensure of contract physicians—
(1)
Temporary authority— Such section 704 is further amended—
(A)
by redesignating subsection (d) as subsection (e); and
(B)
by inserting after subsection (c) the following new subsection (d):

“(d) Licensure of contract physicians

“(1) In general—Notwithstanding any law regarding the licensure of physicians, a physician described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (b) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract.

“(2) Physician described—A physician described in this paragraph is a physician who—

“(A) has a current unrestricted license to practice the health care profession of the physician;

“(B) is not barred from practicing such health care profession in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and

“(C) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (b).”

(2)
Pilot program— Section 504 of the Veterans’ Benefits Improvement Act of 1996 (38 U.S.C. 5101 note) is amended—
(A)
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and
(B)
by inserting after subsection (b) the following new subsection (c):

“(c) Licensure of contract physicians

“(1) In general—Notwithstanding any law regarding the licensure of physicians, a physician described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (a) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract.

“(2) Physician described—A physician described in this paragraph is a physician who—

“(A) has a current unrestricted license to practice the health care profession of the physician;

“(B) is not barred from practicing such health care profession in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and

“(C) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (a).”

Sec. 305 Department of Veterans Affairs pilot program on fully developed appeals

(a)
In general— The Secretary of Veterans Affairs shall carry out a pilot program to provide the option of an alternative appeals process that shall more quickly determine such appeals in accordance with this section.
(b)
Election—
(1)
Filing— In accordance with paragraph (2), a claimant may elect to file a fully developed appeal under the pilot program by filing with the Secretary all of the following:
(A)
The notice of disagreement under chapter 71 of title 38, United States Code, along with the written election of the claimant to have the appeal determined under the pilot program.
(B)
All evidence that the claimant believes is needed for the appeal as of the date of the filing.
(C)
A statement of the argument in support of the claim, if any.
(2)
Timing— A claimant shall make an election under paragraph (1) as part of the notice of disagreement filed by the claimant in accordance with paragraph (1)(A).
(3)
Triage— The Secretary shall, upon expiration of the period specified in subsection (c)(3)(C), ensure that an assessment is undertaken of whether an appeal filed under paragraph (1) of this subsection satisfies the requirements for appeal under the pilot program and provide appropriate notification to the claimant of the results of that assessment.
(4)
Reversion—
(A)
Elected reversion— At any time, a claimant who makes an election under paragraph (1) may elect to revert to the standard appeals process. Such a reversion shall be final.
(B)
Automatic reversion— A claimant described in subparagraph (A), or a claimant who makes an election under paragraph (1) but is later determined to be ineligible for the pilot program under subsection (a), shall revert to the standard appeals process without any penalty to the claimant other than the loss of the docket number associated with the fully developed appeal.
(5)
Outreach— In providing claimants with notices of the determination of a claim during the period in which the pilot program under subsection (a) is carried out, the Secretary shall conduct outreach as follows:
(A)
The Secretary shall provide to the claimant (and to the representative of record of the claimant, if any) information regarding—
(i)
the pilot program, including the advantages and disadvantages of the program;
(ii)
how to make an election under paragraph (1);
(iii)
the limitation on the use of new evidence described in paragraph (3) of subsection (c) and the development of information under paragraph (4) of such subsection;
(iv)
the ability of the claimant to seek advice and education regarding such process from veterans service organizations, attorneys, and claims agents recognized under chapter 59 of title 38, United States Code; and
(v)
the circumstances under which the appeal will automatically revert to the standard appeals process, including by making a request for a hearing.
(B)
The Secretary shall collaborate, partner with, and give weight to the advice of the three veterans service organizations with the most members and such other stakeholders as the Secretary considers appropriate to publish on the Internet website of the Department of Veterans Affairs an online tutorial explaining the advantages and disadvantages of the pilot program.
(c)
Treatment by Department and Board—
(1)
Process— Upon the election of a claimant to file a fully developed appeal pursuant to subsection (b)(1), the Secretary shall—
(A)
not provide the claimant with a statement of the case nor require the claimant to file a substantive appeal; and
(B)
transfer jurisdiction over the fully developed appeal directly to the Board of Veterans’ Appeals.
(2)
Docket—
(A)
In general— The Board of Veterans’ Appeals shall—
(i)
maintain fully developed appeals on a separate docket than standard appeals;
(ii)
decide fully developed appeals in the order that the fully developed appeals are received on the fully developed appeal docket;
(iii)
except as provided by subparagraph (B), decide not more than one fully developed appeal for each four standard appeals decided; and
(iv)
to the extent practicable, decide each fully developed appeal by the date that is one year following the date on which the claimant files the notice of disagreement.
(B)
Adjustment— Beginning one year after the date on which the pilot program commences, the Board may adjust the number of standard appeals decided for each fully developed appeal under subparagraph (A)(iii) if the Board determines that such adjustment is fair for both standard appeals and fully developed appeals.
(3)
Limitation on use of new evidence—
(A)
In general— Except as provided by subparagraphs (B) and (C)—
(i)
a claimant may not submit or identify to the Board of Veterans’ Appeals any new evidence relating to a fully developed appeal after filing such appeal unless the claimant reverts to the standard appeals process pursuant to subsection (b)(4); and
(ii)
if a claimant submits or identifies any such new evidence, such submission or identification shall be deemed to be an election to make such a reversion pursuant to subsection (b)(4).
(B)
Evidence gathered by Board— Subparagraph (A) shall not apply to evidence developed pursuant to paragraphs (4) and (5). The Board shall consider such evidence in the first instance without consideration by the Veterans Benefits Administration.
(C)
Representative of record— The representative of record of a claimant for appeals purposes, if any, shall be provided an opportunity to review the fully developed appeal of the claimant and submit any additional arguments or evidence that the representative determines necessary during a period specified by the Board for purposes of this subparagraph.
(4)
Prohibition on remand for additional development— If the Board of Veterans’ Appeals determines that a fully developed appeal requires Federal records, independent medical opinions, or new medical examinations, the Board shall—
(A)
in accordance with paragraph (5), take such actions as may be necessary to develop such records, opinions, or examinations in accordance with section 5103A of title 38, United States Code;
(B)
retain jurisdiction of the fully developed appeal without requiring a determination by the Veterans Benefits Administration based on such records, opinions, or examinations;
(C)
ensure the claimant, and the representative of record of a claimant, if any, receives a copy of such records, opinions, or examinations; and
(D)
provide the claimant a period of 90 days after the date of mailing such records, opinions, or examinations during which the claimant may provide the Board any additional evidence without requiring the claimant to make a reversion pursuant to subsection (b)(4).
(5)
Development unit—
(A)
Establishment— The Board of Veterans’ Appeals shall establish an office to develop Federal records, independent medical opinions, and new medical examinations pursuant to paragraph (4)(A) that the Board determines necessary to decide a fully developed appeal.
(B)
Requirements— The Secretary shall—
(i)
ensure that the Veterans Benefits Administration cooperates with the Board of Veterans’ Appeals in carrying out subparagraph (A); and
(ii)
transfer employees of the Veterans Benefits Administration who, prior to the enactment of this Act, were responsible for processing claims remanded by the Board of Veterans’ Appeals to positions within the office of the Board established under subparagraph (A) in a number the Secretary determines sufficient to carry out such subparagraph.
(6)
Hearings— Notwithstanding section 7107 of title 38, United States Code, the Secretary may not provide hearings with respect to fully developed appeals under the pilot program. If a claimant requests to hold a hearing pursuant to such section 7107, such request shall be deemed to be an election to revert to the standard appeals process pursuant to subsection (b)(4).
(d)
Duration; applicability—
(1)
Duration— The Secretary shall carry out the pilot program during a five-year period beginning not later than one year after the date of the enactment of this Act.
(2)
Applicability— This section shall apply only to fully developed appeals that are filed during the period in which the pilot program is carried out pursuant to paragraph (1).
(e)
Annual reports—
(1)
In general— During each year in which the pilot program is carried out, 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 pilot program. The first such report shall be submitted by not later than 180 days after the date on which the pilot program commences.
(2)
Contents— Each report submitted under paragraph (1) shall include the following:
(A)
For the period covered by the report—
(i)
the number of fully developed appeals filed under the pilot program;
(ii)
the average processing time for each such appeal adjudicated by the Board of Veterans' Appeals, disaggregated by each phase of the appeal, and, if the processing time for appeals exceed one year, the reasons for such processing time;
(iii)
a summary of reasons for which the development of evidence was required under subsection (c)(5);
(iv)
the number of issues decided, disaggregated by the disposition of the issue;
(v)
of the number identified in clause (iv), the number of issues for which evidence was not so developed, disaggregated by the disposition of the issue;
(vi)
of the number of fully developed appeals decided by the Board of Veterans’ Appeals, the number of cases from each agency of original jurisdiction, the total number of issues allowed, and the total number of issues denied from those cases;
(vii)
the number of fully developed appeals appealed to the Court of Appeals for Veterans Claims, disaggregated by the disposition of the case;
(viii)
the number of reversions made under subsection (b)(4);
(ix)
any reasons for why a claimant was determined to be ineligible to participate in the pilot program; and
(x)
to the extent practicable, a qualitative assessment of the results achieved by claimants through the pilot program compared to results achieved by claimants through the standard appeal process.
(B)
A review, made in conjunction with veterans service organizations and such other stakeholders as the Secretary considers appropriate, of the efforts of the Secretary to provide clear rating decisions and improve disability rating notification letters, including with respect to—
(i)
the opinions of veterans service organizations and such other stakeholders as the Secretary considers appropriate regarding such efforts; and
(ii)
how the pilot program improves such efforts.
(C)
A recommendation for such legislative or administrative action as the Secretary considers may improve the pilot program.
(D)
An assessment of the feasibility and advisability of expanding the pilot program.
(f)
Regulations— The Secretary shall prescribe such regulations as may be necessary to carry out the pilot program.
(g)
Definitions— In this section:
(1)
Claimant— The term claimant has the meaning given that term in section 5100 of title 38, United States Code.
(2)
Compensation— The term compensation has the meaning given that term in section 101 of title 38, United States Code.
(3)
Fully developed appeal— The term fully developed appeal means an appeal of a claim for disability compensation that is—
(A)
filed by a claimant in accordance with subsection (b)(1); and
(B)
considered in accordance with this section.
(4)
Standard appeal— The term standard appeal means an appeal of a claim for disability compensation that is not a fully developed appeal.

Sec. 306 Requirement that Secretary of Veterans Affairs publish the average time required to adjudicate timely and untimely appeals

(a)
Publication requirement—
(1)
In general— On an ongoing basis, the Secretary of Veterans Affairs shall make available to the public the following:
(A)
The average length of time to adjudicate a timely appeal.
(B)
The average length of time to adjudicate an untimely appeal.
(2)
Effective date— Paragraph (1) shall take effect on the date that is one year after the date of the enactment of this Act and shall apply until the date that is three years after the date of the enactment of this Act.
(b)
Report—
(1)
In general— Not later than 39 months 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 whether publication pursuant to subsection (a)(1) has had an effect on the number of timely appeals filed.
(2)
Contents— The report required by paragraph (1) shall include the following:
(A)
The number of appeals and timely appeals that were filed during the one-year period ending on the effective date specified in subsection (a)(2).
(B)
The number of appeals and timely appeals that were filed during the one-year period ending on the date that is two years after the effective date specified in subsection (a)(2).
(c)
Definitions— In this section:
(1)
Appeal— The term appeal means a notice of disagreement filed pursuant to section 7105(a) of title 38, United States Code, in response to notice of the result of an initial review or determination regarding a claim for a benefit under a law administered by the Secretary of Veterans Affairs.
(2)
Timely— The term timely with respect to an appeal means that the notice of disagreement was filed not more than 180 days after the date of mailing of the notice of the result of the initial review or determination described in paragraph (1).
(3)
Untimely— The term untimely with respect to an appeal means the notice of disagreement was filed more than 180 days after the date of mailing of the notice of the result of the initial review or determination described in paragraph (1).

Sec. 307 Comptroller General review of claims processing performance of regional offices of Veterans Benefits Administration

(a)
Review required— Not later than 15 months after the effective date specified in subsection (e), the Comptroller General of the United States shall complete a review of the regional offices of the Veterans Benefits Administration to help the Veterans Benefits Administration achieve more consistent performance in the processing of claims for disability compensation.
(b)
Elements— The review required by subsection (a) shall include the following:
(1)
An identification of the following:
(A)
The factors, including management practices, that distinguish higher performing regional offices from other regional offices with respect to claims for disability compensation.
(B)
The best practices employed by higher performing regional offices that distinguish the performance of such offices from other regional offices.
(C)
Such other management practices or tools as the Comptroller General determines could be used to improve the performance of regional offices.
(2)
An assessment of the effectiveness of communication with respect to the processing of claims for disability compensation between the regional offices and veterans service organizations and caseworkers employed by Members of Congress.
(c)
Report— Not later than 15 months after the effective date specified in subsection (e), the Comptroller General 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 results of the review completed under subsection (a).
(d)
Veterans service organization defined— In this section, the term veterans service organization means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.
(e)
Effective date— This section shall take effect on the date that is 270 days after the date of the enactment of this Act.

Sec. 308 Report on participation of veterans service organizations in Transition Assistance Program

(a)
Report required— Not later than 540 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on participation of veterans service organizations in the program carried out under section 1144 of title 10, United States Code.
(b)
Contents— The report required by subsection (a) shall include the following:
(1)
An assessment of the compliance of facilities of the Department of Defense with the directives included in the memorandum of the Secretary of Defense entitled “Installation Access and Support Services for Nonprofit Non-Federal Entities” and dated December 23, 2014.
(2)
The number of military bases that have complied with such directives.
(3)
How many veterans service organizations have been present at a portion of a program as described in subsection (a).
(c)
Veterans service organization defined— In this section, the term veterans service organization means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.

Sec. 309 Inclusion in annual budget submission of information on capacity of Veterans Benefits Administration to process benefits claims

(a)
In general— Along with the supporting information included in the budget submitted to Congress by the President pursuant to section 1105(a) of title 31, United States Code, the President shall include information on the capacity of the Veterans Benefits Administration to process claims for benefits under the laws administered by the Secretary of Veterans Affairs, including information described in subsection (b), during the fiscal year covered by the budget with which the information is submitted.
(b)
Information described— The information described in this subsection is the following:
(1)
An estimate of the average number of claims for benefits under the laws administered by the Secretary, excluding such claims completed during mandatory overtime, that a single full-time equivalent employee of the Administration should be able to process in a year, based on the following:
(A)
A time and motion study that the Secretary shall conduct on the processing of such claims.
(B)
Such other information relating to such claims as the Secretary considers appropriate.
(2)
A description of the actions the Secretary will take to improve the processing of such claims.
(3)
An assessment of the actions identified by the Secretary under paragraph (2) in the previous year and an identification of the effects of those actions.
(c)
Effective date— This section shall apply with respect to any budget submitted as described in subsection (a) with respect to any fiscal year after fiscal year 2017.

Sec. 310 Report on staffing levels at regional offices of Department of Veterans Affairs after transition to National Work Queue

Not later than 15 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 criteria and procedures that the Secretary will use to determine appropriate staffing levels at the regional offices of the Department once the Department has transitioned to using the National Work Queue for the distribution of the claims processing workload.

Sec. 311 Annual report on progress in implementing Veterans Benefits Management System

(a)
In general— Not later than each of one year, two years, and three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the progress of the Secretary in implementing the Veterans Benefits Management System.
(b)
Contents— Each report required by subsection (a) shall include the following:
(1)
An assessment of the current functionality of the Veterans Benefits Management System.
(2)
Recommendations submitted to the Secretary by employees of the Department of Veterans Affairs who are involved in processing claims for benefits under the laws administered by the Secretary, including veterans service representatives, rating veterans service representatives, and decision review officers, for such legislative or administrative action as the employees consider appropriate to improve the processing of such claims.
(3)
Recommendations submitted to the Secretary by veterans service organizations who use the Veterans Benefits Management System for such legislative or administrative action as the veterans service organizations consider appropriate to improve such system.
(c)
Veterans service organization defined— In this section, the term veterans service organization means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.

Sec. 312 Report on plans of Secretary of Veterans Affairs to reduce inventory of non-rating workload

Not later than 120 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 that details the plans of the Secretary to reduce the inventory of work items listed in the Monday Morning Workload Report under End Products 130, 137, 173, 290, 400, 600, 607, 690, 930, and 960.

Sec. 313 Sense of Congress on increased transparency relating to claims for benefits and appeals of decisions relating to benefits in Monday Morning Workload Report

It is the sense of Congress that the Secretary of Veterans Affairs should include in each Monday Morning Workload Report published by the Secretary the following:
(1)
With respect to each regional office of the Department of Veterans Affairs, the following:
(A)
The number of fully developed claims for benefits under the laws administered by the Secretary that have been received.
(B)
The number of claims described in subparagraph (A) that are pending a decision.
(C)
The number of claims described in subparagraph (A) that have been pending a decision for more than 125 days.
(2)
Enhanced information on appeals of decisions relating to claims for benefits under the laws administered by the Secretary that are pending, including information contained in the reports of the Department entitled “Appeals Pending” and “Appeals Workload By Station”.

Sec. 314 Sense of Congress regarding American veterans disabled for life

(a)
Findings— Congress makes the following findings:
(1)
There are at least 4,200,000 veterans currently living with service-connected disabilities.
(2)
As a result of their service, many veterans are permanently disabled throughout their lives and in many cases must rely on the support of their families and friends when these visible and invisible burdens become too much to bear alone.
(3)
October 5, which is the anniversary of the dedication of the American Veterans Disabled for Life Memorial, has been recognized as an appropriate day on which to honor American veterans disabled for life each year.
(b)
Sense of Congress— Congress—
(1)
expresses its appreciation to the men and women left permanently wounded, ill, or injured as a result of their service in the Armed Forces;
(2)
supports the annual recognition of American veterans disabled for life each year; and
(3)
encourages the American people to honor American veterans disabled for life each year with appropriate programs and activities.

Sec. 315 Sense of Congress on submittal of information relating to claims for disabilities incurred or aggravated by military sexual trauma

(a)
In general— It is the sense of Congress that the Secretary of Veterans Affairs should submit to Congress information on the covered claims submitted to the Secretary during each fiscal year, including the information specified in subsection (b).
(b)
Elements— The information specified in this subsection with respect to each fiscal year is the following:
(1)
The number of covered claims submitted to or considered by the Secretary during such fiscal year.
(2)
Of the covered claims under paragraph (1), the number and percentage of such claims—
(A)
submitted by each sex;
(B)
that were approved, including the number and percentage of such approved claims submitted by each sex; and
(C)
that were denied, including the number and percentage of such denied claims submitted by each sex.
(3)
Of the covered claims under paragraph (1) that were approved, the number and percentage, listed by each sex, 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)
The number of covered claims that, as of the end of such fiscal year, are pending and, separately, the number of such claims on appeal.
(6)
The average number of days that covered claims take to complete beginning on the date on which the claim is submitted.
(7)
A description of the training that the Secretary provides to employees of the Veterans Benefits Administration specifically with respect to covered claims, including the frequency, length, and content of such training.
(c)
Definitions— In this section:
(1)
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.
(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).