[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6236 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6236

   To amend title 38, United States Code, to direct the Secretary of 
Veterans Affairs to modernize the disability benefits claims processing 
 system of the Department of Veterans Affairs to ensure the accurate, 
 consistent, and timely delivery of compensation to veterans and their 
            families and survivors, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2008

 Mr. Chabot (for himself, Mr. Lamborn, Mr. Jordan of Ohio, Mr. Hobson, 
 and Mr. Turner) introduced the following bill; which was referred to 
                   the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to direct the Secretary of 
Veterans Affairs to modernize the disability benefits claims processing 
 system of the Department of Veterans Affairs to ensure the accurate, 
 consistent, and timely delivery of compensation to veterans and their 
            families and survivors, 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans 
Disability Benefits Claims Modernization Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Readjustment of schedule for rating disabilities.
Sec. 3. Study on employee work credit system of Veterans Benefits 
                            Administration.
Sec. 4. Study on work management system.
Sec. 5. Certification and training of employees of Veterans Benefits 
                            Administration responsible for processing 
                            claims.
Sec. 6. Enhancement of use of information technology at Veterans 
                            Benefits Administration.
Sec. 7. Treatment of claims upon death of claimant.

SEC. 2. READJUSTMENT OF SCHEDULE FOR RATING DISABILITIES.

    (a) Study.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        conduct a study on adjusting the schedule for rating 
        disabilities adopted and applied by the Secretary under section 
        1155 of title 38, United States Code, so as to base the 
        schedule on standards, practices, and codes in common use by 
        the medical, mental health, and disability professions that are 
        current as of the date of the enactment of this Act.
            (2) Contents.--In conducting the study under this 
        subsection, the Secretary shall--
                    (A) determine how the schedule could be adjusted to 
                take into account the loss of quality of life and loss 
                of earnings that result from specific disabilities;
                    (B) examine the nature of the disabilities for 
                which disability compensation is payable under laws 
                other than laws administered by the Secretary;
                    (C) examine whether disparities exist between the 
                rating of physical and mental disabilities, especially 
                with respect to how the severity of mental disabilities 
                should be adjudicated to ensure parity with physical 
                disabilities whereby a veteran can be rated totally 
                disabled while maintaining some level of employment;
                    (D) measure the effect of disabilities on the 
                psychological states, physical integrity, and social 
                adaptability of veterans with such disabilities; and
                    (E) examine the effect of a veteran's injury or 
                combination of injuries on--
                            (i) the average loss of the veteran's 
                        earnings capacity, including the veteran's 
                        inability to work in certain occupations;
                            (ii) the veteran's quality of life, 
                        including activities of independent living, 
                        recreational and community activities, and 
                        personal relationships, including the inability 
                        to participate in favorite activities, social 
                        problems related to disfigurement or cognitive 
                        difficulties, and the need to spend increased 
                        amounts of time performing activities of daily 
                        living; and
                            (iii) the extent to which benefits for 
                        veterans may be used to encourage veterans to 
                        seek and undergo vocational rehabilitation.
            (3) Consultation.--In conducting the study under this 
        subsection, the Secretary shall consult with appropriate public 
        and private entities, agencies, and veterans service 
        organizations, and shall employ consultants.
            (4) Deadline for completion.--The Secretary shall complete 
        the study under this subsection by not later than 180 days 
        after the date of the enactment of this Act.
            (5) Report to congress.--Not later than 60 days after the 
        date that the study under this subsection is completed, the 
        Secretary shall submit to Congress a report on the study. The 
        report shall include--
                    (A) the results of the study on quality of life and 
                the payment of compensation for service-connected 
                disabilities for which the Secretary entered into a 
                contract on January 28, 2008;
                    (B) the Secretary's findings and conclusions with 
                respect to adjusting the schedule for rating 
                disabilities adopted and applied by the Secretary under 
                section 1155 of title 38, United States Code, to 
                account for the loss of quality of life and loss of 
                earnings that result from specific disabilities;
                    (C) the Secretary's findings and conclusions with 
                respect to--
                            (i) the report of the Veterans' Disability 
                        Benefits Commission;
                            (ii) the report of the President's 
                        Commission on the Care for America's Returning 
                        Wounded Warriors;
                            (iii) the report of the Institute of 
                        Medicine entitled ``A 21st Century System for 
                        Evaluating Veterans for Disability Benefits''; 
                        and
                            (iv) any other independent or advisory 
                        commission report on matters relating to such 
                        schedule that the Secretary determines is 
                        appropriate;
                    (D) the Secretary's recommendations with respect to 
                the appropriate disabilities for inclusion in the 
                schedule;
                    (E) the Secretary's recommendations with respect to 
                the amount of compensation payable to veterans for the 
                loss of quality of life and the basis for such 
                recommendations;
                    (F) the Secretary's recommendations with respect to 
                the amount of compensation payable to veterans for 
                average loss of earnings capacity and the appropriate 
                standards for determining whether a disability has 
                caused a veteran to incur a loss of earnings capacity;
                    (G) the Secretary's assessment of the effect of the 
                treatment of mental disabilities under the schedule for 
                rating disabilities, as in effect on the date of the 
                enactment of this Act; and
                    (H) the Secretary's determination with respect to 
                whether the regulations prescribed pursuant to section 
                1154 of title 38, United States Code, are consistent 
                with providing, to the maximum extent possible, the 
                benefit of the doubt to veterans covered by that 
                section in the absence of official military records 
                pertaining to the service-connection of a veteran's 
                disability, and in particular, of post-traumatic stress 
                disorder, when a determination of service-connection 
                would be consistent with the duties, conditions, and 
                hardships of service in the Armed Forces.
    (b) Submission of Plan.--
            (1) Plan required.--Not later than 120 days after the date 
        on which the Secretary submits the report required under 
        subsection (a)(5), the Secretary shall submit to Congress a 
        plan to readjust the schedule for rating disabilities adopted 
        and applied by the Secretary under section 1155 of title 38, 
        United States Code. In developing the plan required under this 
        subsection, the Secretary shall consider the report submitted 
        under subsection (a)(5) and shall provide for the readjustment 
        of such schedule for rating disabilities to--
                    (A) align the schedule with medical concepts 
                considered best practices as of the date of the 
                enactment of this Act, including those provided in the 
                Current Procedural Terminology Manual, International 
                Classification of Diseases, the Diagnostic and 
                Statistical Manual of Mental Disorders, and applicable 
                American Medical Association Guides;
                    (B) bridge the gap between the schedule, as in 
                effect on the date of the enactment of this Act, and 
                medical understandings, as of such date, of injuries 
                and diseases and the affects of such injuries and 
                diseases on the ability of a person suffering from them 
                to function;
                    (C) prioritize such readjustment with respect to 
                post-traumatic stress disorder, other mental disorders, 
                neurological disorders, traumatic brain injury, 
                orthopedic disabilities, and digestive disabilities;
                    (D) ensure that the schedule is automated in 
                accordance with the review and comprehensive plan of 
                the Secretary under section 110 of this Act; and
                    (E) ensure that a transition plan is provided to 
                ease the transition from the schedule for rating 
                disabilities, as in effect on the date of the enactment 
                of this Act, to the implementation of the schedule for 
                rating disabilities, as proposed to be readjusted by 
                the plan under this subsection.
            (2) Timeline for readjustment.--The Secretary shall include 
        in the plan submitted under the subsection a proposed timeline 
        for when the Secretary intends to readjust the schedule. Such 
        proposed timeline may not exceed three years.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out subsections (a) 
and (b).
    (d) Advisory Committee on Disability Compensation.--
            (1) Establishment.--Subchapter III of chapter 5 of title 
        38, United States Code, is amended by adding at the end the 
        following new section:
``Sec. 546. Advisory Committee on Disability Compensation
    ``(a) Establishment.--(1) There is in the Department the Advisory 
Committee on Disability Compensation (in this section referred to as 
the `Committee').
    ``(2) The Committee shall consist of not more than 18 members 
appointed by the Secretary from among individuals who--
            ``(A) have demonstrated significant civic or professional 
        achievement; and
            ``(B) have experience with the provision of disability 
        compensation by the Department or are leading medical or 
        scientific experts in relevant fields.
    ``(3) The Secretary shall seek to ensure that members appointed to 
the Committee include individuals from a wide variety of geographic 
areas and ethnic backgrounds, individuals from veterans service 
organizations, individuals with combat experience, and women.
    ``(4) The Secretary shall determine the terms of service and pay 
and allowances of the members of the Committee, except that a term of 
service may not exceed two years. The Secretary may reappoint any 
member for additional terms of service.
    ``(b) Responsibilities of Committee.--(1) The Secretary, on a 
regular basis, shall consult with and seek the advice of the Committee 
with respect to the maintenance and periodic readjustment of the 
schedule for rating disabilities under section 1155.
    ``(2) In providing advice to the Secretary under this subsection, 
the Committee shall--
            ``(A) assemble and review relevant information relating to 
        the needs of veterans with disabilities;
            ``(B) provide information relating to the nature and 
        character of disabilities arising from service in the Armed 
        Forces;
            ``(C) provide an on-going assessment of the effectiveness 
        of the schedule for rating disabilities; and
            ``(D) provide on-going advice on the most appropriate means 
        of responding to the needs of veterans relating to disability 
        compensation in the future.
    ``(c) Annual Report.--(1) Not later than March 31 of each year, the 
Committee shall submit to the Secretary a report on the programs and 
activities of the Department that relate to the payment of disability 
compensation. Each such report shall include--
                    ``(A) an assessment of the needs of veterans with 
                respect to disability compensation;
                    ``(B) a review of the programs and activities of 
                the Department designed to meet such needs; and
                    ``(C) such recommendations (including 
                recommendations for administrative and legislative 
                action) as the Committee considers appropriate.
    ``(2) Not later than 90 days after the date of the receipt of a 
report under paragraph (1), the Secretary shall transmit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a copy of the report, together with any comments and 
recommendations concerning the report that the Secretary considers 
appropriate.
    ``(3) The Committee may also submit to the Secretary such other 
reports and recommendations as the Committee considers appropriate.
    ``(4) The Secretary shall submit with each annual report submitted 
to the Congress pursuant to section 529 of this title a summary of all 
reports and recommendations of the Committee submitted to the Secretary 
since the previous annual report of the Secretary submitted pursuant to 
that section.
    ``(d) Applicability of Federal Advisory Committee Act.--(1) Except 
as provided in paragraph (2), the provisions of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall apply to the activities of the 
Committee under this section.
    ``(2) Section 14 of such Act shall not apply to the Committee.''.
            (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 III the following new item:

``546. Advisory Committee on Disability Compensation.''.

SEC. 3. STUDY ON EMPLOYEE WORK CREDIT SYSTEM OF VETERANS BENEFITS 
              ADMINISTRATION.

    (a) Study Required.--The Secretary of Veterans Affairs shall 
conduct a study on the employee work credit system of the Veterans 
Benefits Administration of the Department of Veterans Affairs, which is 
used to measure the work production of employees of the Veterans 
Benefits Administration.
    (b) Contents of Study.--In carrying out the study under subsection 
(a), the Secretary shall consider the advisability of implementing--
            (1) performance standards and accountability measures to 
        ensure that--
                    (A) claims for benefits under the laws administered 
                by the Secretary are processed in an objective, 
                accurate, consistent, and efficient manner; and
                    (B) final decisions with respect to such claims are 
                consistent and issued within the average amount of time 
                required to process a claim, as identified by the 
                Secretary in the most recent annual report submitted by 
                the Secretary under section 529 of title 38, United 
                States Code;
            (2) guidelines and procedures for the prompt processing of 
        such claims that are ready to rate upon submission;
            (3) guidelines and procedures for the processing of such 
        claims submitted by injured veterans, as determined by the 
        Secretary; and
            (4) requirements for assessments of claims processing at 
        each regional office for the purpose of producing lessons 
        learned and best practices.
    (c) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall submit to Congress a 
report on the study conducted under this section and the progress of 
the Secretary in implementing the new system for evaluating employees 
of the Veterans Benefits Administration required under subsection (d).
    (d) Evaluation of Veterans Benefits Administration Employees.--
            (1) New system required.--Not later than 180 days after the 
        date on which the Secretary submits to Congress the report 
        required under subsection (c), the Secretary shall establish a 
        new system for evaluating the work production of employees of 
        the Veterans Benefits Administration. Such system shall--
                    (A) be based on the findings of the study conducted 
                by the Secretary under this section;
                    (B) focus on evaluating the accuracy and quality of 
                ratings decisions made by such employees; and
                    (C) not resemble or be based on any concept on 
                which the system in effect as of the date of the 
                enactment of this Act is based.
            (2) Suspension of award of work credits.--If the Secretary 
        of Veterans Affairs does not implement the new system for 
        evaluating work production under paragraph (1), the Secretary 
        may not award a work credit to any employee of the Veterans 
        Benefits Administration until the Secretary has implemented 
        such system.

SEC. 4. STUDY ON WORK MANAGEMENT SYSTEM.

    (a) In General.--The Secretary of Veterans Affairs shall conduct a 
study on the work management system of the Veterans Benefits 
Administration of the Department of Veterans Affairs, which is designed 
to improve accountability, quality, and accuracy, and reduce the time 
for processing claims for benefits under laws administered by the 
Secretary that are adjudicated by the Veterans Benefits Administration.
    (b) Contents of Study.--In conducting the study required under 
subsection (a), the Secretary shall consider--
            (1) accountability for claims adjudication outcomes;
            (2) the quality of claims adjudicated;
            (3) a simplified process to adjudicate claims;
            (4) the maximum use of information technology applications;
            (5) rules-based applications and tools for processing and 
        adjudicating claims efficiently and effectively; and
            (6) methods of reducing the time required to obtain 
        information from outside sources.
    (c) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall submit to Congress a 
report on the study conducted under this section.

SEC. 5. CERTIFICATION AND TRAINING OF EMPLOYEES OF VETERANS BENEFITS 
              ADMINISTRATION RESPONSIBLE FOR PROCESSING CLAIMS.

    (a) Employee Certification Required.--
            (1) In general.--Subchapter II of chapter 77 of title 38, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 7735. Employee certification
    ``(a) Development of Certification Examination.--The Secretary 
shall develop a certification examination for appropriate employees and 
managers of the Veterans Benefits Administration who are responsible 
for processing claims for benefits under the laws administered by the 
Secretary. The Secretary shall develop such examination in consultation 
with examination development experts and such employees, employee 
representatives, managers, and public and private entities, including 
veterans service organizations and other service organizations, as the 
Secretary determines appropriate.
    ``(b) Employee and Manager Requirement.--The Secretary shall 
require appropriate employees and managers of the Veterans Benefits 
Administration who are responsible for processing claims for benefits 
under the laws administered by the Secretary to take a certification 
examination.
    ``(c) Limitation.--The Secretary may not satisfy any requirement of 
this section through the use of any certification examination or 
program that exists as of the date of the enactment of the Veterans 
Disability Benefits Claims Modernization Act of 2008.''.
            (2) Deadlines for implementation.--The Secretary of 
        Veterans Affairs shall--
                    (A) develop the certification examination required 
                to be developed under section 7735 of title 38, United 
                States Code, as added by subsection (a), by not later 
                than one year after the date of the enactment of this 
                Act; and
                    (B) implement procedures for administering the 
                certification of employees under such section and begin 
                administering the certification examination required 
                under such section by not later than 90 days after the 
                date on which the development of such certification 
                examination is complete.
            (3) Clerical amendment.--The table of sections at the 
        beginning of such chapter is further amended by adding at the 
        end of the items relating to subchapter II the following new 
        item:

``7735. Employee certification.''.
    (b) Evaluation of Training.--
            (1) Evaluation required.--The Secretary of Veterans Affairs 
        shall enter into a contract with a private entity with 
        experience evaluating training processes, continuing education 
        needs, and centralized training requirements, under which that 
        entity shall--
                    (A) conduct an evaluation of the items required to 
                be included in the annual report of the Secretary by 
                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
                    (B) submit, not later than 180 days after the date 
                of the enactment of this Act, submit to the Secretary 
                the results of such evaluation.
            (2) Submission of results to congress.--The Secretary shall 
        include the results of the evaluation required under paragraph 
        (1) 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.
            (3) Report.--Not later than 180 days after the date on 
        which the Secretary submits the report referred to in paragraph 
        (2), 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 paragraph (1).

SEC. 6. ENHANCEMENT OF USE OF INFORMATION TECHNOLOGY AT VETERANS 
              BENEFITS ADMINISTRATION.

    (a) Review.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall conduct 
a study of--
            (1) the use of information technology at the Veterans 
        Benefits Administration; and
            (2) the best practices and lessons learned within the 
        Department of Veterans Affairs through the use of the 
        technology known as ``VistA'' and by other Government entities 
        and private sector organizations who employ information 
        technology and automated decision support software in dealing 
        with veterans and veterans benefits.
    (b) Consultation.--In carrying out the study, the Secretary of 
Veterans Affairs shall consult with information technology designers at 
the Veterans Health Administration, ``VistA'' managers, the Secretary 
of Defense, appropriate officials of other Government agencies, 
appropriate individuals in the private and public sectors, veterans 
service organizations, and other relevant service organizations.
    (c) Report to Congress.--Not later than January 1, 2009, the 
Secretary shall submit to Congress a report on the study under this 
section.

SEC. 7. TREATMENT OF CLAIMS UPON DEATH OF CLAIMANT.

    (a) In General.--Section 5121 of title 38, United States Code, is 
amended by adding at the end the following:
    ``(d) Substitution in Case of Death of Claimant.--
            ``(1) Substitution.--If a veteran who is a claimant dies 
        while a claim for any benefit under a law administered by the 
        Secretary, or an appeal of a decision with respect to such a 
        claim, is pending and awaiting adjudication, the person who 
        would receive any accrued benefits due to the veteran under 
        subsection (a)(2) shall be treated as the claimant for the 
        purposes of processing the claim to completion, except that 
        such person may only submit new evidence in support of the 
        claim during the one-year period beginning on the date of the 
        death of the veteran.
            ``(2) Limitation.--Only one person may be treated as the 
        claimant under paragraph (1).
            ``(3) Designation of third party.--If the person who would 
        be eligible to be treated as the claimant under paragraph (1) 
        certifies to the Secretary that the person does not want to be 
        treated as the claimant for such purposes, such person may 
        designate the person who would receive the benefits under 
        subsection (a)(2) upon the death of the person who would 
        otherwise be treated as the claimant under paragraph (1) to be 
        treated as the claimant for the purposes of processing the 
        claim to completion.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to the claim of any veteran who dies on or after the 
date of the enactment of this Act.
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