[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1444 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1444

  To direct the Secretary of Veterans Affairs to make interim benefit 
    payments under certain remanded claims, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2007

Mr. Hall of New York introduced the following bill; which was referred 
                 to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Veterans Affairs to make interim benefit 
    payments under certain remanded claims, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INTERIM PAYMENTS UNDER CERTAIN VETERANS CLAIMS WHEN DECISION 
              IS DELAYED FOLLOWING REMAND.

    (a) In General.--(1) Chapter 53 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 5320. Interim benefits under certain remanded cases
    ``(a) Interim Benefits.--When a claim for benefits under the 
jurisdiction of the Secretary is remanded by the United States Court of 
Appeals for Veterans Claims or by the Board for Veterans' Appeals in a 
case involving a claim under chapters 11, 13, or 15 of this title and 
to which section 5109B or 7112 of this title applies, if the Secretary 
does not make a decision on the matter within 180 days of the date of 
the remand decision, then until such matter is finally decided, the 
Secretary shall pay an interim benefit in the amount of $500 per month 
to each claimant under the claim. Such payments shall commence as of 
the first month beginning after the end of such 180-day period.
    ``(b) Effect on Interim Benefit Payments of Final Decision on 
Claim.--When a claim with respect to which interim benefits are being 
paid under subsection (a) is finally decided--
            ``(1) if the final decision is to award benefits, the 
        amounts paid as interim benefits shall be considered to be an 
        advance payment of benefits owed for any period before the date 
        of such final decision (except that if the total amount of 
        interim benefits paid is greater than the amount of retroactive 
        benefits, the amount of the difference shall not be considered 
        to be an overpayment for any purpose); and
            ``(2) if the final decision is not to award benefits, the 
        amounts paid as interim benefits shall not be considered to be 
        an overpayment for any purpose.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``5320. Interim benefits under certain remanded cases.''.
    (b) Effective Date.--Section 5320 of title 38, United States Code, 
as added by subsection (a), shall apply with respect to any decision 
remanded by the Court of Appeals for Veterans Claims or the Board of 
Veterans' Appeals on or after the date of the enactment of this Act.
    (c) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to Congress a report on measures the Secretary intends to take to 
expedite the processing of remanded claims for veterans benefits.
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