US Codex
Pub. L.
Notes

Title I — Disability Compensation Matters

114th Congress · Approved Dec 16, 2016 · 130 Stat. 1536 · Lineage

TITLE I Disability Compensation Matters

SEC. 101. Expedited Payment of Survivors’ Benefits.

(a)
In General.— Section 5101(a)(1) 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 1 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 1-year period preceding the date of the report, disaggregated by the following:
(i)
Claims in which the claimant was entitled 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 was entitled to such benefits on the basis of the claimant’s status as the child of a deceased veteran.
(iii)
Claims in which the claimant was entitled to such benefits on the basis of the claimant’s status as the parent of a deceased veteran.
(B)
The number of covered claims during such period 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. 102. Board of Veterans’ Appeals Video Hearings.

Section 7107 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.”

; and

(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. 103. Requirement That Secretary of Veterans Affairs Publish the Average Time Required to Adjudicate Early-Filed and Later-Filed 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 an early-filed appeal.
(B)
The average length of time to adjudicate a later-filed appeal.
(2)
Effective date.— Paragraph (1) shall take effect on the date that is 1 year after the date of the enactment of this Act and shall apply until the date that is 3 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 early-filed appeals filed.
(2)
Contents.— The report required by paragraph (1) shall include the following:
(A)
The number of appeals and early-filed appeals that were filed during the 1-year period ending on the effective date specified in subsection (a)(2).
(B)
The number of appeals and early-filed appeals that were filed during the 1-year period ending on the date that is 2 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)
Early-filed.— The term “early-filed” 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)
Later-filed.— The term “later-filed” 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. 104. 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. 105. Report on Staffing Levels at Regional Offices of Department of Veterans Affairs under 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 under the National Work Queue for the distribution of the claims processing workload.

SEC. 106. 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 2018.

SEC. 107. Report on Plans of Secretary of Veterans Affairs to Reduce Inventory of Non-Rating Workload; Sense of Congress Regarding Monday Morning Workload Report.

(a)
Report.— 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.
(b)
Sense of Congress.— 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. 108. Annual Report on Progress in Implementing Veterans Benefits Management System.

(a)
In General.— Not later than each of 1 year, 2 years, and 3 years 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 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. 109. Improvements to Authority for Performance of Medical Disabilities Examinations by Contract Physicians.

(a)
Licensure of Contract Physicians.—
(1)
Temporary authority.— Section 704 of the Veterans Benefits Act of 2003 (38 U.S.C. 5101 note) is 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. 110. Independent Review of Process by Which Department of Veterans Affairs Assesses Impairments That Result from Traumatic Brain Injury for Purposes of Awarding Disability Compensation.

(a)
Agreement.—
(1)
In general.— The Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to perform the services covered by this section.
(2)
Timing.— The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 9 months after the date of the enactment of this Act.
(b)
Comprehensive Review.—
(1)
In general.— Under an agreement between the Secretary and the National Academies of Sciences, Engineering, and Medicine under this section, the National Academies of Sciences, Engineering, and Medicine shall conduct a comprehensive review of examinations furnished by the Department of Veterans Affairs to individuals who submit claims to the Secretary for compensation under chapter 11 of title 38, United States Code, for traumatic brain injury to assess the impairments of such individuals relating to such injury.
(2)
Elements.— The comprehensive review carried out pursuant to paragraph (1) shall include the following:
(A)
A determination of the adequacy of the tools and protocols used by the Department to provide examinations described in paragraph (1).
(B)
A determination of which credentials are necessary for health care specialists and providers to perform such portions of such examinations that relate to an assessment of all disabling effects.
(3)
Group of experienced health care providers.— In carrying out the comprehensive review pursuant to paragraph (1), the National Academies of Sciences, Engineering, and Medicine shall convene a group of relevant experts, including experts in clinical neuropsychology, psychiatry, physiatry, neurosurgery, and neurology.
(c)
Report.—
(1)
In general.— Not later than 540 days after the date on which the Secretary enters into an agreement under subsection (a)(1), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the comprehensive review conducted under this section.
(2)
Elements.— The report submitted under paragraph (1) shall include the following:
(A)
The findings of the National Academies of Sciences, Engineering, and Medicine with respect to the comprehensive review conducted under this section.
(B)
Such recommendations for legislative or administrative action as the National Academies of Sciences, Engineering, and Medicine may have for the improvement of the adjudication of claims described in subsection (b)(1).
(d)
Alternate Contract Organization.—
(1)
In general.— If the Secretary is unable within the period prescribed in subsection (a)(2) to enter into an agreement described in subsection (a)(1) with the National Academies of Sciences, Engineering, and Medicine on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization that—
(A)
is not part of the Government;
(B)
operates as a not-for-profit entity; and
(C)
has expertise and objectivity comparable to that of the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine.
(2)
Treatment.— If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this section to the National Academies of Sciences, Engineering, and Medicine shall be treated as a reference to the other organization.

SEC. 111. Reports on Claims for Disability Compensation.

(a)
Report on Reasonably Raised Claims.— Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the policies of the Department of Veterans Affairs with respect to processing reasonably raised unrelated claims. Such report shall include—
(1)
any statistics on how frequently such unrelated claims are identified by the Secretary;
(2)
how frequently the Secretary notifies claimants about potential unrelated claims; and
(3)
how often the claimant later submits a claim for the condition described by the unrelated claim.
(b)
Annual Reports on Complete and Incomplete Claims.— During the 5-year period beginning on the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives annual reports on complete and incomplete claims for disability compensation submitted to the Secretary. Each such report shall include, for the 1-year period covered by the report—
(1)
the total number of claims submitted to the Secretary;
(2)
the total number of incomplete claims submitted to the Secretary;
(3)
the total number of complete claims submitted to the Secretary;
(4)
the total number of forms indicating an intent to file a claim for benefits submitted to the Secretary;
(5)
the total number of electronically filed claims submitted to the Secretary;
(6)
the total number of fully developed claims submitted to the Secretary;
(7)
the total number of claims submitted to the Secretary that are not complete claims but that the Secretary treats as a request by the claimant for a form to file a claim; and
(8)
of the total number of claims identified under paragraph (7), the percent for which the Secretary notified the claimant of the need to file a complete claim.
(c)
Definitions.— In this section:
(1)
The term “claimant” has the meaning given such term in section 5100 of title 38, United States Code, and includes a representative of a claimant.
(2)
The term “reasonably raised unrelated claim” means a claim for disability compensation under the laws administered by the Secretary of Veterans Affairs that, in addition to the condition for which such claim is made, includes evidence of a separate condition that is not specifically identified as part of the claim but may be inferred or logically placed at issue upon a sympathetic reading of the claim and the record developed with respect to that claim.

SEC. 112. Sense of Congress Regarding American Veterans Disabled for Life.

(a)
Findings.— Congress finds the following:
(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. 113. 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)
The term “covered claims” means claims for disability compensation submitted to the Secretary based on a mental health condition alleged to have been incurred or aggravated by military sexual trauma.
(2)
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).