[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2870 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2870

  To amend title 38, United States Code, to require the Secretary of 
Veterans Affairs to carry out quality assurance activities with respect 
    to the administration of disability compensation, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 2008

   Mr. Brown introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to require the Secretary of 
Veterans Affairs to carry out quality assurance activities with respect 
    to the administration of disability compensation, 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.

    This Act may be cited as the ``Veterans Disability Fairness Act''.

SEC. 2. QUALITY ASSURANCE RELATING TO DISABILITY COMPENSATION UNDER 
              LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.

    (a) Quality Assurance Requirements.--
            (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. Quality assurance relating to disability compensation
    ``(a) Quality Assurance.--In order to carry out the quality 
assurance program under section 7731 of this title with respect to the 
administration of disability compensation, the Secretary shall ensure 
the accuracy and consistency across different offices within the 
Department of the treatment of claims for disability compensation, 
including determinations with respect to disability ratings and whether 
a disability is service-connected.
    ``(b) Treatment of Data.--
            ``(1) Retention and monitoring.--The Secretary shall 
        retain, monitor, and store in an accessible format data 
        described in paragraph (2).
            ``(2) Covered data.--The data described in this paragraph 
        includes the following:
                    ``(A) For each claim for disability compensation 
                under laws administered by the Secretary submitted by a 
                claimant--
                            ``(i) the State in which the claimant 
                        resided when the claim was submitted;
                            ``(ii) the decision of the Secretary with 
                        respect to the claim;
                            ``(iii) the regional office and individual 
                        employee of the Department responsible for 
                        evaluating the claim; and
                            ``(iv) if the claim was adjudicated, the 
                        results of such adjudication.
                    ``(B) The State of the claimant's residence.
                    ``(C) Such other data as the Secretary determines 
                is appropriate for monitoring the accuracy and 
                consistency of decisions with respect to such claims.
    ``(c) Reviews and Audits.--(1) The Secretary shall conduct reviews 
and audits, at least annually, to identify and correct any inaccuracies 
or inconsistencies in disability ratings and the adjudication of claims 
for disability compensation under chapter 11 of this title. Such 
reviews and audits shall evaluate disability ratings and claims 
adjudication by regional office and by the employee responsible for 
each such rating or adjudication.
    ``(2) In conducting reviews and audits under this subsection, the 
Secretary shall conduct a sufficient number of such reviews and audits 
to provide for statistically valid conclusions to be drawn.
    ``(d) Evaluation of Employees.--In evaluating an employee of the 
Department whose responsibilities include the rating of disabilities or 
the adjudication of claims for disability compensation under chapter 11 
of this title, the Secretary shall consider factors relating to the 
accuracy and consistency with which such employee performs such 
responsibilities.''.
            (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 II the following new item:

``7735. Quality assurance relating to disability compensation.''.
    (b) Report to Congress.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Veterans Affairs shall 
submit to Congress a report on the implementation of section 7735 of 
title 38, United States Code, as added by subsection (a).
    (c) Inclusion of Information Relating to Consistency of Decisions 
in Annual Report.--Section 7734(2) of title 38, United States Code, is 
amended by inserting ``and consistency'' after ``accuracy''.
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