1.This Act may be cited as the
Restoring Disability Benefits for
Injured and Wounded Warriors Act of 2007
.
2.Review and action on
certain determinations of the Physical Evaluation Board
(a)Not later than 90
days after the date of the enactment of this Act, the Secretary of Defense
shall appoint, from among individuals in the private sector who are qualified
for such purpose, a panel of individuals to conduct the reviews required by
subsection (b).
(b)
(1)The panel appointed under subsection (a) shall—
(A)review—
(i)each case before
the Physical Evaluation Board of the Department of Defense in which such board
determined to discharge, separate, or release a member of the Armed Forces
without assigning a rating of disability to the member; and
(ii)each case before
the Physical Evaluation Board in which a member of the Armed Forces appealed
the determination of such board regarding the rating of disability assigned to
the member;
(B)for each case so
reviewed—
(i)determine whether
or not a liaison officer was assigned to the member of the Armed Forces
concerned for such case; and
(ii)determine
whether or not an attorney was assigned to the member of the Armed Forces
concerned for such case; and
(C)for each case so
reviewed, determine whether or not the facts of the case warrant the re-opening
of the case for purposes of assigning a rating of disability to the member of
the Armed Forces concerned, or increasing a rating of disability previously
assigned the member, as applicable, for purposes of the receipt of disability
benefits.
(2)The review required by paragraph (1) shall be performed for
each case described in that paragraph in which a final determination was made
by a board referred to in that paragraph during the period beginning on
September 11, 2001, and ending on the date of the enactment of this Act.
(3)Availability of
informationThe Secretary shall make available to the panel
appointed under subsection (a) such information as the panel shall require in
order to conduct the reviews required by paragraph (1), including the case
files of the Physical Evaluation Board.
(4)Not
later than 60 days after the date of the appointment of the panel required by
subsection (a), and every 60 days thereafter until the completion of the
reviews required by paragraph (1), the panel shall submit to the Secretary of
Defense and the Secretary of the military department concerned a report on each
case reviewed under paragraph (1) during the preceding 60 days, including the
results of each such review and the determinations required with respect to
such case under subparagraphs (B) and (C) of paragraph (1).
(c)
(1)The Secretary of the military department concerned shall
provide for a re-evaluation by the Physical Evaluation Board of each case
covered by a report under subsection (b)(4) in which the panel appointed under
subsection (a) determined, as specified in subsection (b)(1)(C), that the fact
of such case warrant the re-opening of such case for purposes of assigning a
rating of disability to the member of the Armed Forces concerned, or increasing
a rating of disability previously assigned the member, as applicable, for
purposes of the receipt of disability benefits.
(2)Prohibition on
reduction of rating of disabilityA rating of disability subject
to re-evaluation under paragraph (1) may not be reduced as a result of the
re-evaluation under that paragraph.
(3)Guidelines and
proceduresThe re-evaluation of cases under paragraph (1) shall
be governed by such guidelines, and follow such procedures, as the Secretary of
Defense shall prescribe for purposes of that paragraph. Such guidelines shall
prohibit a reduction of rating of disability pursuant to a re-evaluation under
that paragraph. Such guidelines and procedures shall, to the extent
practicable, apply uniformly across the military departments.
(4)The
re-evaluation of a case under paragraph (1) shall be completed not later than
180 days after the date of the receipt of a report on such case under
subsection (b)(4).
(d)If a result of the re-evaluation of a case under
subsection (c), the Physical Evaluation Board determines to assign a rating of
disability to a member of the Armed Forces, or increase the rating previously
assigned the member, as applicable, the Secretary of the military department
concerned shall correct the record of the member, with the effective date of
such correction to be the date of the original determination under the case by
the Physical Evaluation Board regarding the disability of the member.
3.Review and
action on determinations on benefits under Traumatic Servicemembers Group Life
Insurance
(a)Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall appoint, from among
individuals in the private sector who are qualified for such purpose, a panel
of individuals to carry out the actions required by subsection (b).
(b)Review and
assessment of determinations
(1)The panel appointed under subsection (a) shall—
(A)review—
(i)each case in
which a member of the Armed Forces was denied traumatic injury protection under
section 1980A of title 38, United States Code, for a qualifying loss claimed by
the member; and
(ii)each case in
which a member of the Armed Forces appealed a determination of the amount of
traumatic injury protection awarded the member under that section for a
qualifying loss claimed by the member; and
(B)for each case so
reviewed, determine whether or not the facts of the case warrant the re-opening
of the case for purposes of paying traumatic injury protection to the member of
the Armed Forces concerned, or increasing the amount of traumatic injury
protection previously paid the member, as applicable, under that section for a
qualifying loss claimed by the member.
(2)The review required by paragraph (1) shall be performed for
each case described in that paragraph in which a final determination on a claim
for a qualifying loss under section 1980A of title 38, United States Code, was
made during the period beginning on May 11, 2005, and ending on the date of the
enactment of this Act.
(3)Availability of
informationThe Secretary of Defense shall make available to the
panel appointed under subsection (a) such information as the panel shall
require in order to conduct the reviews required by paragraph (1).
(4)Not
later than 60 days after the date of the enactment of this Act, and every 60
days thereafter until the completion of the reviews required by paragraph (1),
the panel appointed under subsection (a) shall submit to the Secretary of
Defense a report on each case reviewed under paragraph (1) during the preceding
60 days, including the results of each such review and the determination
required with respect to such case under paragraph (1)(B).
(c)
(1)The Secretary of Defense shall re-evaluate each case
covered by a report under subsection (b)(4) in which the panel appointed under
subsection (a) determines, as specified in subsection (b)(1)(B), that the facts
of such case warrant the re-opening of such case for purposes of paying
traumatic injury protection for the member of the Armed Forces concerned, or
increasing the amount of traumatic injury protection previously paid the
member, as applicable, under section 1980A of title 38, United States Code, for
a qualifying loss claimed by the member.
(2)Prohibition on
reduction of insurance awardThe amount of insurance awarded
under section 1980A of title 38, United States Code, in any case subject to
re-evaluation under paragraph (1) may not be reduced as a result of the
re-evaluation under that paragraph.
(3)Guidelines and
proceduresThe re-evaluation of cases under paragraph (1) shall
be governed by such guidelines, and follow such procedures, as the Secretary of
Defense shall prescribe for purposes of that paragraph. Such guidelines and
procedures shall, to the extent practicable, apply uniformly across the
military departments.
(4)The
reconsideration of a case under paragraph (1) shall be completed not later than
180 days after the date of the receipt of a report on such case under
subsection (b)(4).
(d)If a result of the reconsideration of a case under
subsection (c), the Secretary of Defense determines to pay traumatic injury
protection to a member of the Armed Forces, or increase the amount of traumatic
injury protection previously paid the member, as applicable, under section
1980A of title 38, United States Code, for a qualifying loss claimed by the
member, the Secretary shall correct the record of the member, with the
effective date of such correction to be the date of the original determination
under the case on the qualifying loss claimed by the member.
4.Adequacy of
assignment of judge advocates to Physical Evaluation Board cases
(a)Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to Congress a
report that includes the following:
(1)An assessment
whether or not the number of judge advocates assigned to cases before the
Physical Evaluation Board is adequate to ensure that—
(A)the judge
advocates assigned such cases bear a reasonable caseload of such cases;
and
(B)the judge
advocates assigned such cases contribute to the efficient and timely
disposition of such cases by the board.
(2)A recommendation
of the number judge advocates to be assigned to such cases in order to best
achieve each of the objectives set forth under paragraph (1).
(b)In this section, the term judge advocate has
the meaning given that term in section 801 of title 10, United States Code
(article 1 of the Uniform Code of Military Justice).
5.Comptroller
General reports on disability claims processes
(a)Report on
efforts To address certain deficiencies in disability evaluation systems of the
military departments
(1)Not later than 180 days after the date of the enactment
of this Act, the Comptroller General of the United States shall submit to
Congress a report setting forth the assessment of the Comptroller of the
efforts of the Department of Defense to address the deficiencies identified in
the report of the Comptroller General entitled Military Disability
System: Improved Oversight Needed to Ensure Consistent and Timely Outcomes for
Reserve and Active Duty Service Members
(GAO–06–362; March
2006).
(2)The
report required by paragraph (1) shall address the efforts of the Department
regarding the following:
(A)Harmonizing the
procedures and practices of the military departments under their disability
evaluation systems.
(B)Monitoring the
compliance of such disability evaluation systems with the policies and
guidelines applicable to such systems.
(C)Improving
oversight of such disability systems by the Disability Advisory Council,
including—
(i)whether the
council has reviewed the standardized disability rating system to classify the
severity of medical impairments; and
(ii)whether the
council has proposed improvements to or recertification of such systems.
(D)Improving the
collection and processing of information under such systems.
(E)Improving data
entry under such systems, including decreasing reported error rates and
enhancing training programs for Army data processors.
(F)Improving
oversight of the training for staff of such systems.
(G)Improving the
availability of and access to liaison officers to the Physical Evaluation Board
of each military department.
(H)Improving
utilization of line-of-duty determinations for members of the Armed Forces,
including members of the regular Armed Forces and members of the National Guard
and Reserve.
(I)Improving the
quality of care and services for wounded or injured members of the National
Guard and Reserve who are in medical holdover status and receiving medical
treatment away from their homes and families.
(J)Improving quality
assurance mechanisms to ensure that disability determination under such systems
are consistent.
(b)Report on
adequacy of schedule for rating disabilities of Department of Veterans
AffairsNot later than 180 days after the date of the enactment
of this Act, the Comptroller General of the United States shall submit to
Congress a report setting forth the assessment of the Comptroller General of
the adequacy of the schedule for rating disabilities of the Department of
Veterans Affairs in recognizing, and providing for appropriate compensation
for, disabilities incurred or aggravated in the Global War on Terror, including
the following:
(1)Traumatic brain
injuries.
(2)Amputations.
(3)Spinal
injuries.
(4)Post-traumatic
stress disorder (PTSD).
(5)Hearing
loss.
(c)Report on
standards and procedures of Physical Evaluation Board
(1)Not later than 180 days after the date of the enactment
of this Act, the Comptroller General of the United States shall submit to
Congress a report setting forth the review and assessment of the Comptroller
General of the standards and procedures of the Physical Evaluation Board of the
Department of Defense.
(2)The
report required by paragraph (1) shall include the following:
(A)A description and
assessment of the standards and procedures of the Physical Evaluation Board of
the Department of Defense, including standards and procedures relating
to—
(i)the
qualification and selection of members of the board;
(ii)the timeliness
of proceedings;
(iii)witness
participation in proceedings;
(iv)the
participation of liaison officers in proceedings;
(v)the
availability of legal assistance for members of the Armed Forces seeking to
appeal determinations of the board; and
(vi)other
appropriate board matters.
(B)Recommendations
for such improvements to such standards and procedures as the Comptroller
General considers appropriate to enhance and improve the activities of the
Physical Evaluation Board.