110 HR 5576 IH: Veteran Claims Backlog Reduction Act U.S. House of Representatives 2008-03-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5576 IN THE HOUSE OF REPRESENTATIVES March 11, 2008 Mr. Buyer (for himself and Mr. Lamborn) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to make certain improvements in the claims processing of the Department of Veterans Affairs, and for other purposes.

1.

Short title

This Act may be cited as the Veteran Claims Backlog Reduction Act of 2008.

2.

References to title 38, United States Code

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.

3.

Assistance in providing notice and assistance to claimants required as a condition of recognition as agent or attorney

(a)

Assistance

Chapter 59 is amended— (1)in section 5902(b)— (A)in paragraph (1), by striking and at the end; (B)in paragraph (2), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new paragraph: (3)unless such individual has certified to the Secretary that the individual will assist the Secretary in complying with the Secretary’s obligations under sections 5103(a) and 5103A of this title. ; and (2)in section 5903(a)— (A)in paragraph (1), by striking and at the end; (B)in paragraph (2), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new paragraph: (3)such individual has certified to the Secretary that the individual will assist the Secretary in complying with the Secretary’s obligations under sections 5103(a) and 5103A of this title. . (b)

Training for recognized representatives of organizations

Section 5902 is amended by adding at the end the following new subsection: (e)The Secretary shall establish a training program to provide training to individuals recognized under this section. Training provided pursuant to this subsection shall include a certification. . (c)

Treatment of certain claims

(1)

In general

Subchapter I of chapter 51 is amended by adding at the end the following new section:

5109C.

Treatment of certain claims

(a)

Treatment of fully developed claims

In the case of a claim submitted to the Secretary that is certified as fully developed by the veteran submitting the claim and by a representative of an organization recognized under section 5902 of this title who is a graduate of the training academy established under subsection (e) of that section, the Secretary shall consider the claim to be fully developed and shall evaluate the claim based on the evidence provided. (b)

Presumption rebuttable

Where there is affirmative evidence that a claim certified as fully developed under subsection (a) is not fully developed, the Secretary may take such actions with respect to such claim as the Secretary determines are necessary to fully develop the claim.

. (2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter I the following new item: 5109C. Treatment of certain claims. .

4.

Quality control assessment for regional offices of Veterans Benefits Administration

(a)

Establishment of system

Chapter 7 is amended by adding at the end the following new section:

713.

Veterans Benefits Administration quality control assessment

(a)

Assessment required

At least once each fiscal year the Secretary shall conduct a quality control assessment of one percent of the ratings specialists and veterans service representatives employed by the Veterans Benefits Administration. In conducting each such assessment, the Secretary shall study a statistically valid sample of the employee’s work and review the quality of that work. (b)

Annual report

Not later than 90 days after the last day of a fiscal year, the Secretary shall submit to Congress a report on the assessments conducted under this section during that fiscal year.

. (b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 713. Veterans Benefits Administration quality control assessment. .

5.

Electronic processing of claims for benefits administered by Secretary of Veterans Affairs

(a)

Electronic processing of claims

Subtitle I of chapter 51, as amended by section 251(c), is further amended by adding at the end the following new section:

5109D.

Electronic processing of claims

(a)

System required

The Secretary shall carry out a two-year pilot program under which the Secretary shall develop and maintain a system for processing claims for disability compensation under this title using rules-based technology. Such system shall use medical and military service data to generate recommendations with respect to disability ratings. (b)

Quarterly reports

For the period during which the Secretary carries out the pilot program under subsection (a), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives quarterly reports on the pilot program.

. (b)

Clerical amendment

The table of sections at the beginning of such chapter, as so amended, is further amended by adding at the end the following new item: 5109D. Electronic processing of claims. .

6.

Treatment of beneficiary of veteran’s accrued benefits as claimant for purposes of incomplete claims as of death of veteran

(a)

In general

Section 5102 is amended by added at the end the following new subsection: (d)

Treatment of beneficiaries as claimants on death of veterans

If a veteran who is a claimant dies before completing the submission of a claim for any benefit under a law administered by the Secretary, the person who would receive any accrued benefits due to the veteran under section 5121(a)(2) of this title shall be treated as the claimant for the purposes of completing the submission of the claim, except that such person may only submit new evidence in support of the claim during the 60-day period beginning on the death of the veteran. . (b)

Effective date

Subsection (d) of section 5102 of title 38, United States Code, shall apply with respect to the claim of any veteran who dies on or after the date of the enactment of this Act.

7.

Evaluation of training and assessment programs for employees of Veterans Benefits Administration

(a)

Evaluation required

The Secretary of Veterans Affairs shall enter into a contract with a private entity with experience evaluating quality assurance and benefits programs under which that entity shall— (1)conduct an evaluation of the items required to be included in the annual report of the Secretary under section 7734 of title 38, United States Code, that were included in the last such report submitted before the date of the enactment of this Act, that relate to the training and performance assessment programs of the Department of Veterans Affairs for employees of the Veterans Benefits Administration who are responsible for matters relating to compensation or pension benefits under the laws administered by the Secretary; and (2)not later than 180 days after the date of the enactment of this Act, submit to the Secretary the results of such evaluation. (b)

Submission of results to Congress

The Secretary shall include the results of the evaluation required under subsection (a) with the first annual report required to be submitted to Congress under section 529 of title 38, United States Code, submitted after the date on which the Secretary receives such results. (c)

Report

Not later than 180 days after the date on which the Secretary submits the report referred to in subsection (b), the Secretary shall submit to Congress a report on any actions the Secretary has taken or plans to take in response to the results of the evaluation required under subsection (a).

8.

Electronic monitoring of claim status

(a)

Mechanism for electronic monitoring required

Subchapter I of chapter 51 is amended by inserting after section 5101 the following new section:

5101A.

Electronic monitoring of claim status

(a)

Monitoring of claim status

The Secretary shall make available, on the Internet website of the Department, a mechanism that can be used by a claimant to check on the status of any claim submitted by that claimant. Such mechanism shall provide to the claimant— (1)if a decision has been reached with respect to such a claim, notice of the decision; or (2)if no such decision has been reached, notice of— (A)whether the application submitted by the claimant is complete; (B)whether the Secretary requires additional information or evidence to process the claim; (C)the estimated date on which a decision with respect to the claim is expected to be made; and (D)the stage at which the claim is being processed as of the date on which such status is checked. (b)

Relationship to other notice requirements

Monitoring provided pursuant to subsection (a) shall not satisfy the responsibility of the Secretary to provide notice under section 5102, 5103, or 5104 of this title.

. (b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5101 the following new item: 5101A. Electronic monitoring of claim status. .

9.

Pilot program on submittal of claims to any regional office of the Department of Veterans Affairs

(a)

Pilot program required

The Secretary of Veterans Affairs shall carry out a two-year pilot program under which the Secretary shall permit a qualifying veteran filing a claim for benefits under a law administered by the Secretary to submit such claim to any regional office of the Department of Veterans Affairs. The Secretary shall promptly notify each qualifying veteran of the opportunity to participate in the pilot program. (b)

Qualifying veterans

For the purposes of the pilot program under subsection (a), a qualifying veteran is a veteran who would, except as provided under the pilot program, be required to submit a claim to one of five regional offices of the Department selected by the Secretary based on below average performance. (c)

Reports

(1)

Interim report

Upon the selection of the Secretary of five regional offices for the purposes of subsection (b), the Secretary shall submit a report to Congress that lists the offices selected and the Secretary’s rationale for selecting such offices. (2)

Final report

Not later than 90 days after the completion of the pilot program under subsection (a), the Secretary shall submit to Congress a final report on the pilot program that contains the Secretary’s recommendations with respect to the allocation of resources among the regional offices of the Department.

10.

Executive management fellowship program

(a)

Fellowship program

Chapter 77 of title 38, United States Code is amended by adding at the end the following new subchapter: III

Executive Management Fellowship Program

7751.

Executive Management Fellowship Program

(a)

Fellowship program

There is in the Department an Executive Management Fellowship Program. The purpose of the program shall be to provide eligible employees of the Veterans Benefits Administration with training and experience in the private sector. (b)

Fellowship

(1)A fellowship provided under this section is a one-year fellowship during which the eligible employee who is the recipient of the fellowship shall receive training at a private-sector entity that is engaged in the administration and delivery of benefits. (2)The Secretary shall enter into such agreements with private-sector entities as are necessary to carry out this section. (c)

Selection of recipients

In August of each year, the Secretary shall select at least six and not more than 10 eligible employees to receive a fellowship under this section. (d)

Eligible employees

(1)For the purposes of this section, an eligible employee is an employee of the Veterans Benefits Administration who— (A)is compensated at a rate of basic pay not less than the minimum rate of basic pay payable for grade GS–14 of the General Schedule and not more than the minimum rate of basic pay payable to a member of the Senior Executive Service under section 5382 of title 5, United States Code; (B)enters into an agreement with the Secretary under subsection (e); and (C)submits to the Secretary an application containing such information and assurances as the Secretary may require. (2)For purposes of paragraph (1)(A), the term basic pay does not include any comparability payment under section 5304 of such title 5 or any other similar payment (e)

Agreements

An agreement between the Secretary and a recipient of a fellowship shall be in writing, shall be signed by the recipient, and shall include the following provisions: (1)The Secretary’s agreement— (A)to provide the recipient with a fellowship under this section; and (B)to afford the participant the opportunity for employment in the Veterans Benefits Administration (subject to the availability of appropriated funds for such purpose and other qualifications established in accordance with section 7402 of this title). (2)The recipient’s agreement— (A)to accept the fellowship; (B)after completion of the fellowship, to serve as a full-time employee in the Veterans Benefits Administration for at least two years as specified in the agreement; and (C)that, during the two-year period beginning on the last day of the fellowship, the recipient will not accept employment in the same industry as the industry of the private entity at which the recipient accepts the fellowship. (3)A provision that any financial obligation of the United States arising out of an agreement entered into under this chapter, and any obligation of the recipient which is conditioned on such agreement, is contingent upon funds being appropriated for educational assistance under this chapter. (4)A statement of the damages to which the United States is entitled under this chapter for the recipient’s breach of the agreement. (5)Such other terms as the Secretary determines are required to be included in the agreement. (f)

Treatment of recipients

The recipient of a fellowship under this section shall be considered an employee of the Department for all purposes, including for purposes of receiving a salary and benefits, and shall remain eligible for all promotion and incentive programs otherwise available to such an employee. (g)

Report to Congress

Not later than 60 days after completing a fellowship under this section, a recipient shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the fellowship. Each such report shall describe the duties of the recipient during the fellowship and any recommendations of the recipient for the application of industry processes, technologies, and best practices. A report submitted under this subsection shall not be reviewable by the Secretary before being submitted to the Committees.

. (b)

Deadline for implementation

Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement the Executive Management Fellowship Program required under section 7751 of title 38, United States Code, as added by subsection (a). (c)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new items: III—Executive Management Fellowship Program 7751. Executive Management Fellowship Program. .