[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3517 Reported in Senate (RS)]

                                                       Calendar No. 654
111th CONGRESS
  2d Session
                                S. 3517

                          [Report No. 111-354]

  To amend title 38, United States Code, to improve the processing of 
    claims for disability compensation filed with the Department of 
               Veterans Affairs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2010

Mr. Akaka (for himself, Mrs. Murray, Mr. Schumer, Mr. Rockefeller, and 
 Mrs. Shaheen) introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

                           November 29, 2010

                Reported by Mr. Akaka, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to improve the processing of 
    claims for disability compensation filed with the Department of 
               Veterans Affairs, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Claims 
Processing Improvement Act of 2010''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
   <DELETED>TITLE I--RATING OF SERVICE-CONNECTED DISABILITIES MATTERS

<DELETED>Sec. 101. Pilot program on evaluation and rating of service-
                            connected disabilities of the 
                            musculoskeletal system.
           <DELETED>TITLE II--ADJUDICATION AND APPEAL MATTERS

<DELETED>Sec. 201. Partial adjudication of claims for disability 
                            compensation consisting of multiple issues 
                            one or more of which can be quickly 
                            adjudicated.
<DELETED>Sec. 202. Clarification that requirement of Secretary of 
                            Veterans Affairs to provide notice to 
                            claimants of additional information and 
                            evidence required only applies when 
                            additional information or evidence is 
                            actually required.
<DELETED>Sec. 203. Equal deference to private medical opinions in 
                            assessing claims for disability 
                            compensation.
<DELETED>Sec. 204. Improvements to disability compensation claim review 
                            process.
<DELETED>Sec. 205. Provision by Secretary of Veterans Affairs of notice 
                            of disagreement forms to initiate appellate 
                            review with notices of decisions of 
                            Department of Veterans Affairs.
<DELETED>Sec. 206. Modification of filing period for notice of 
                            disagreement to initiate appellate review 
                            of decisions of Department of Veterans 
                            Affairs.
<DELETED>Sec. 207. Modification of substantive appeal process.
<DELETED>Sec. 208. Provision of post-notice of disagreement decisions 
                            to claimants who file notice of 
                            disagreements.
<DELETED>Sec. 209. Automatic waiver of agency of original jurisdiction 
                            review of new evidence.
<DELETED>Sec. 210. Authority for Board of Veterans' Appeals to 
                            determine location and manner of appearance 
                            for hearings.
<DELETED>Sec. 211. Decision by Court of Appeals for Veterans Claims on 
                            all issues raised by appellants.
<DELETED>Sec. 212. Good cause extension of period for filing notice of 
                            appeal with United States Court of Appeals 
                            for Veterans Claims.
<DELETED>Sec. 213. Pilot program on participation of local and tribal 
                            governments in improving quality of claims 
                            for disability compensation submitted to 
                            Department of Veterans Affairs.

      <DELETED>TITLE I--RATING OF SERVICE-CONNECTED DISABILITIES 
                           MATTERS</DELETED>

<DELETED>SEC. 101. PILOT PROGRAM ON EVALUATION AND RATING OF SERVICE-
              CONNECTED DISABILITIES OF THE MUSCULOSKELETAL 
              SYSTEM.</DELETED>

<DELETED>    (a) Pilot Program Required.--The Secretary of Veterans 
Affairs shall carry out a pilot program to assess the feasibility and 
advisability of applying an alternative schedule for rating service-
connected disabilities of the musculoskeletal system.</DELETED>
<DELETED>    (b) Schedule for Rating Service-Connected Disabilities.--
</DELETED>
        <DELETED>    (1) In general.--Not later than 240 days after the 
        date of the enactment of this Act, the Secretary shall 
        establish an alternative schedule for rating service-connected 
        disabilities of the musculoskeletal system.</DELETED>
        <DELETED>    (2) Publication in federal register.--Not later 
        than 270 days after the date of the enactment of this Act, the 
        Secretary shall publish the alternative schedule established 
        under paragraph (1) in the Federal Register.</DELETED>
        <DELETED>    (3) Collaboration.--The Secretary shall establish 
        the alternative schedule required by paragraph (1) 
        collaboratively through the Under Secretary for Benefits, the 
        Under Secretary for Health, and the General Counsel.</DELETED>
        <DELETED>    (4) Elements.--The alternative schedule for rating 
        disabilities under paragraph (1) shall include the 
        following:</DELETED>
                <DELETED>    (A) The use of the International 
                Classification of Diseases, as adopted by the Secretary 
                of Health and Human Services under section 1173(c) of 
                the Social Security Act (42 U.S.C. 1320d-2(c)) and any 
                successor revisions to such classification so adopted, 
                for purposes of identifying disabilities of the 
                musculoskeletal system.</DELETED>
                <DELETED>    (B) A residual functional capacity 
                assessment instrument to describe the functional 
                musculoskeletal loss resulting from any disability of 
                the musculoskeletal system.</DELETED>
                <DELETED>    (C) Mechanisms for the assignment of one 
                residual functional capacity rating for all 
                musculoskeletal disabilities determined to be service-
                connected, which mechanisms shall take into account the 
                following:</DELETED>
                        <DELETED>    (i) Frequency of symptoms 
                        affecting residual functional capacity of the 
                        musculoskeletal system, set forth as a range 
                        of--</DELETED>
                                <DELETED>    (I) infrequent (once a 
                                year or less);</DELETED>
                                <DELETED>    (II) several (two to six) 
                                times a year;</DELETED>
                                <DELETED>    (III) occasional (seven to 
                                twelve times a year);</DELETED>
                                <DELETED>    (IV) weekly; and</DELETED>
                                <DELETED>    (V) daily or 
                                continuous.</DELETED>
                        <DELETED>    (ii) Severity of symptoms 
                        affecting residual functional capacity of the 
                        musculoskeletal system resulting in loss of 
                        functional capacity of the musculoskeletal 
                        system, set forth as a range of--</DELETED>
                                <DELETED>    (I) minimal (symptoms 
                                present but requiring no 
                                treatment);</DELETED>
                                <DELETED>    (II) slight (such as 
                                requiring minor alteration of activity 
                                or treatment with over-the-counter 
                                medication);</DELETED>
                                <DELETED>    (III) mild (such as 
                                requiring rest of relevant body part 
                                and use of over-the-counter medication, 
                                prescription medication, or therapy, 
                                such as ice or heat to an affected 
                                part);</DELETED>
                                <DELETED>    (IV) moderate (such as 
                                requiring medical evaluation and 
                                treatment or prescription medication 
                                for pain or symptom control with side 
                                effects which can be expected to 
                                interfere with full performance of 
                                work-related activities); and</DELETED>
                                <DELETED>    (V) moderately severe to 
                                severe (such as requiring the need to 
                                use assistive devices for ambulation, 
                                use of opiod or similar prescription 
                                medication to control pain which 
                                precludes driving or being around 
                                machinery, in-patient hospitalization 
                                or rehabilitation or frequent out-
                                patient treatment physical therapy, or 
                                loss or loss of use of functional 
                                capacity in both arms or feet, or one 
                                arm and one foot, or requiring a 
                                wheelchair for mobility).</DELETED>
                        <DELETED>    (iii) Duration of symptoms 
                        affecting residual functional capacity of the 
                        musculoskeletal system resulting in reduced 
                        functional capacity of the musculoskeletal 
                        system, set forth as a range of--</DELETED>
                                <DELETED>    (I) one day or less to one 
                                week;</DELETED>
                                <DELETED>    (II) more than one week 
                                but less than four weeks;</DELETED>
                                <DELETED>    (III) four weeks or more 
                                but less than six months;</DELETED>
                                <DELETED>    (IV) six months or more 
                                but less than one year; and</DELETED>
                                <DELETED>    (V) one year or 
                                more.</DELETED>
                <DELETED>    (D) Mechanisms for the assignment of 
                ratings of disability in certain cases as 
                follows:</DELETED>
                        <DELETED>    (i) If the veteran has an active 
                        musculoskeletal cancer or other active 
                        musculoskeletal disability likely to result in 
                        death, a rating of 100 percent.</DELETED>
                        <DELETED>    (ii) If the veteran would qualify 
                        for a temporary disability rating under section 
                        1156 of title 38, United States Code, the 
                        rating provided under that section.</DELETED>
                        <DELETED>    (iii) If the veteran would qualify 
                        for a temporary disability rating under any 
                        regulations prescribed by the Secretary not 
                        provided for under this section, the rating 
                        assigned under such regulations.</DELETED>
                <DELETED>    (E) Such other mechanisms as the Secretary 
                considers appropriate for the pilot program.</DELETED>
        <DELETED>    (5) Forms for recording residual functional 
        capacity assessments.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall 
                establish one or more functional capacity assessment 
                forms to be used in performing assessments with the 
                instrument required by paragraph (4)(B).</DELETED>
                <DELETED>    (B) Availability.--The Secretary shall 
                make the forms established under subparagraph (A) 
                available to the public in an electronic format for use 
                by any physician or other medical provider in assessing 
                the residual functional capacity related to 
                disabilities of the musculoskeletal system.</DELETED>
        <DELETED>    (6) Exemption from apa.--The establishment of the 
        alternative schedule required by paragraph (1) shall not be 
        subject to the requirements of subchapter II of chapter 5, and 
        chapter 7, of title 5, United States Code (commonly known as 
        the ``Administrative Procedure Act'').</DELETED>
<DELETED>    (c) Application of Alternative Schedule.--</DELETED>
        <DELETED>    (1) In general.--In carrying out the pilot 
        program, the Secretary shall apply the alternative schedule for 
        rating disabilities established under subsection (b) to 
        veterans described in paragraph (3) who have a condition of the 
        musculoskeletal system that has been determined to be a 
        disability incurred or aggravated during military service to 
        determine the rating to be assigned for such 
        disability.</DELETED>
        <DELETED>    (2) Application through regional offices.--
        </DELETED>
                <DELETED>    (A) In general.--The Secretary shall apply 
                the alternative schedule for rating service-connected 
                disabilities under this subsection through not fewer 
                than six and not more than ten regional offices of the 
                Department of Veterans Affairs selected by the 
                Secretary for purposes of the pilot program.</DELETED>
                <DELETED>    (B) Diversity of selection.--In selecting 
                regional offices under subparagraph (A), the Secretary 
                shall select--</DELETED>
                        <DELETED>    (i) at least one regional office 
                        considered by the Secretary to be a small 
                        office;</DELETED>
                        <DELETED>    (ii) at least one regional office 
                        considered by the Secretary to be a large 
                        office; and</DELETED>
                        <DELETED>    (iii) regional offices 
                        representing a variety of geographic 
                        settings.</DELETED>
        <DELETED>    (3) Covered veterans.--Veterans described in this 
        paragraph are veterans who--</DELETED>
                <DELETED>    (A) submit to the Secretary more than one 
                year after their date of discharge or release from the 
                active military, naval, or air service an original 
                claim for benefits under the laws administered by the 
                Secretary;</DELETED>
                <DELETED>    (B) allege in the claim described in 
                subparagraph (A) the existence of a condition of the 
                musculoskeletal system that was incurred or aggravated 
                in such military, naval, or air service;</DELETED>
                <DELETED>    (C) file such claim with a regional office 
                of the Department with original jurisdiction of the 
                claim that is participating in the pilot program; 
                and</DELETED>
                <DELETED>    (D) have not expressly declined 
                participation in the pilot program.</DELETED>
        <DELETED>    (4) Relation to combined ratings table.--A rating 
        assigned for a musculoskeletal service-connected disability 
        under the pilot program shall be determined without regard to 
        the Combined Ratings Table in title 38, Code of Federal 
        Regulations, except that in determining the final rating of all 
        service-connected disabilities, the rating for musculoskeletal 
        disabilities as determined under the pilot program shall be 
        combined with any other disabilities using such 
        table.</DELETED>
        <DELETED>    (5) Treatment of disability ratings for loss of 
        bodily integrity.--Compensation under laws administered by the 
        Secretary for a disability receiving a disability rating under 
        the schedule established under subsection (b)(1) shall be, as 
        applicable, in addition to or consistent with any compensation 
        otherwise provided under subsections (k) through (s) of section 
        1114 of title 38, United States Code.</DELETED>
<DELETED>    (d) Limitations on Denial of Service Connection.--During 
the pilot program, the Secretary may not determine a musculoskeletal 
condition of a veteran to be not service-connected for purposes of the 
veteran's participation in the pilot program unless the Secretary--
</DELETED>
        <DELETED>    (1) obtains, or receives a report of, a medical 
        examination of the veteran which--</DELETED>
                <DELETED>    (A) includes a brief history of the 
                veteran's military service relevant to the 
                condition;</DELETED>
                <DELETED>    (B) identifies the diagnosed 
                musculoskeletal disabilities in accordance with the 
                classification required by subsection (b)(4)(A); 
                and</DELETED>
                <DELETED>    (C) describes the functional limitations 
                of such conditions, and if applicable, any secondary 
                conditions related to such alleged conditions or any 
                non-service connected disability aggravated by the 
                alleged conditions; and</DELETED>
        <DELETED>    (2) obtains or receives a medical opinion on--
        </DELETED>
                <DELETED>    (A) the nexus between any diagnosed 
                musculoskeletal condition alleged to be service-
                connected and the active military, naval, or air 
                service of the veteran; and</DELETED>
                <DELETED>    (B) if applicable, the relationship 
                between any service-connected disabilities of the 
                veteran and any secondary disabilities related to such 
                disabilities or any non-service connected disability 
                aggravated by the alleged conditions.</DELETED>
<DELETED>    (e) Records.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall maintain for 
        purposes of the pilot program a separate searchable electronic 
        file on each veteran covered by the pilot program.</DELETED>
        <DELETED>    (2) Elements.--The electronic file maintained with 
        respect to a veteran under paragraph (1) shall include for the 
        following:</DELETED>
                <DELETED>    (A) An index of the documents contained in 
                the electronic file.</DELETED>
                <DELETED>    (B) The claim of the veteran for benefits 
                under the laws administered by the Secretary, including 
                any reapplication with respect to such claim.</DELETED>
                <DELETED>    (C) The service treatment records of the 
                veteran from medical care received while serving in the 
                active military, naval, or air service and any other 
                medical treatment records of the veteran from service 
                during periods of active or inactive duty for 
                training.</DELETED>
                <DELETED>    (D) The personnel records of service of 
                the veteran--</DELETED>
                        <DELETED>    (i) in the active military, naval, 
                        or air service; and</DELETED>
                        <DELETED>    (ii) in the reserve components of 
                        the Armed Forces.</DELETED>
                <DELETED>    (E) Such other private or public medical 
                records of the veteran as the Secretary considers 
                appropriate.</DELETED>
                <DELETED>    (F) Records of any medical examinations 
                and medical opinions on the residual functional 
                capacity of the musculoskeletal system of the veteran, 
                including any examinations and opinions obtained under 
                subsection (d).</DELETED>
                <DELETED>    (G) Records of any medical examinations 
                and medical opinions concerning any non-musculoskeletal 
                disabilities claimed by the veteran as service-
                connected.</DELETED>
                <DELETED>    (H) Any non-medical evidence applicable to 
                the claim.</DELETED>
                <DELETED>    (I) Current information and evidence on 
                any dependents of the veteran for purposes of the laws 
                administered by the Secretary.</DELETED>
                <DELETED>    (J) Ratings and decisions of the Secretary 
                with respect to the claims of the veteran.</DELETED>
                <DELETED>    (K) Information concerning the amount of 
                compensation paid to the veteran under laws 
                administered by the Secretary.</DELETED>
                <DELETED>    (L) Any notices or correspondence sent by 
                the Secretary to the veteran or any correspondence 
                submitted by the veteran to the Secretary in connection 
                with the claim that does not contain evidence or 
                information applicable to the claims of the 
                veteran.</DELETED>
        <DELETED>    (3) Organization.--Each file required by paragraph 
        (1) shall be stored or displayed with separate sections for 
        each element required under paragraph (2).</DELETED>
<DELETED>    (f) Termination of Application.--The Secretary shall cease 
the application to veterans under subsection (c) of the alternative 
schedule for rating service-connected disabilities under subsection (b) 
for purposes of the pilot program on the date that is 4 years after the 
date of the enactment of this Act.</DELETED>
<DELETED>    (g) Preservation of Ratings.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), a disability rating assigned under the alternative 
        schedule established under subsection (b) shall not be reduced 
        during or after termination of the pilot program absent 
        evidence of clear and unmistakable error in the original 
        assignment of the rating or evidence of an improvement in the 
        musculoskeletal disability manifested by less frequent, less 
        severe, or shorter duration of symptoms measured over a period 
        of at least six months in the year prior to any re-
        evaluation.</DELETED>
        <DELETED>    (2) Exception.--Paragraph (1) shall not apply to 
        ratings assigned for temporary periods as provided in 
        subsection (b)(4)(D).</DELETED>
<DELETED>    (h) Relationship to Other Provisions of Law Administered 
by the Secretary of Veterans Affairs.--Except as otherwise specifically 
provided in this section, all applicable provisions of law administered 
by the Secretary shall apply to decisions of the Secretary made under 
the pilot program.</DELETED>
<DELETED>    (i) Interim Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than 300 days after the 
        date of the enactment of this Act, the Secretary shall submit 
        to the Committee on Veterans' Affairs of the Senate and the 
        Committee on Veterans' Affairs of the House of Representatives 
        an interim report on the pilot program.</DELETED>
        <DELETED>    (2) Elements.--The interim report required by 
        paragraph (1) shall include the following:</DELETED>
                <DELETED>    (A) A description of the alternative 
                schedule for rating service-connected disabilities 
                established under subsection (b).</DELETED>
                <DELETED>    (B) The rationale for the alternative 
                schedule as described under subparagraph (A).</DELETED>
                <DELETED>    (C) A description of the policies and 
                procedures established under the pilot 
                program.</DELETED>
<DELETED>    (j) Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than 3 years and 180 
        days after the date of the enactment of this Act, the Secretary 
        shall submit to the Committee on Veterans' Affairs of the 
        Senate and the Committee on Veterans' Affairs of the House of 
        Representatives a report on the pilot program.</DELETED>
        <DELETED>    (2) Elements.--The report required by paragraph 
        (1) shall include the following:</DELETED>
                <DELETED>    (A) A copy of the alternative schedule for 
                rating service-connected disabilities established under 
                subsection (b) and any changes made to such schedule 
                during the pilot program.</DELETED>
                <DELETED>    (B) A description and assessment of the 
                application of the alternative schedule for rating 
                service-connected disabilities of veterans, including--
                </DELETED>
                        <DELETED>    (i) the total number of veterans 
                        to which the alternative schedule was 
                        applied;</DELETED>
                        <DELETED>    (ii) the total number of veterans 
                        determined to have a service-connected 
                        disability consisting of a condition of the 
                        musculoskeletal system; and</DELETED>
                        <DELETED>    (iii) the ratings of disability 
                        assigned to veterans described in clause (ii), 
                        set forth by percentage of disability 
                        assigned.</DELETED>
                <DELETED>    (C) An assessment of the feasibility and 
                advisability of applying the alternative schedule for 
                rating service-connected disabilities to additional 
                claimants.</DELETED>
                <DELETED>    (D) A comparison of a representative 
                sample of decisions rendered by different regional 
                offices for similar disabilities participating in the 
                pilot program.</DELETED>
                <DELETED>    (E) The number of appeals filed for claims 
                adjudicated under the pilot program.</DELETED>
                <DELETED>    (F) An assessment of the effectiveness of 
                the electronic file maintained under subsection (e) 
                in--</DELETED>
                        <DELETED>    (i) the adjudication of claims 
                        under the pilot program; and</DELETED>
                        <DELETED>    (ii) improving the efficiency of 
                        decision making by the Department.</DELETED>
                <DELETED>    (G) Such recommendations for legislative 
                or administrative action as the Secretary considers 
                appropriate in light of the pilot program.</DELETED>
<DELETED>    (k) Definitions.--In this section:</DELETED>
        <DELETED>    (1) The term ``active military, naval, or air 
        service'' has the meaning given that term in section 101(24) of 
        title 38, United States Code.</DELETED>
        <DELETED>    (2) The term ``non-service-connected'', with 
        respect to a disability, has the meaning given that term in 
        section 101(17) of title 38, United States Code.</DELETED>
        <DELETED>    (3) The term ``service-connected'', with respect 
        to a disability, has the meaning given that term in section 
        101(16) of title 38, United States Code.</DELETED>

      <DELETED>TITLE II--ADJUDICATION AND APPEAL MATTERS</DELETED>

<DELETED>SEC. 201. PARTIAL ADJUDICATION OF CLAIMS FOR DISABILITY 
              COMPENSATION CONSISTING OF MULTIPLE ISSUES ONE OR MORE OF 
              WHICH CAN BE QUICKLY ADJUDICATED.</DELETED>

<DELETED>    (a) In General.--Section 1157 of title 38, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``The Secretary'' and inserting 
        the following:</DELETED>
<DELETED>    ``(a) In General.--The Secretary''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(b) Assignment of Partial Ratings.--(1) In the case of a 
veteran who submits to the Secretary a claim for compensation under 
this chapter for more than one condition and the Secretary determines 
that a disability rating can be assigned without further development 
for one or more conditions but not all conditions in the claim, the 
Secretary shall--</DELETED>
        <DELETED>    ``(A) expeditiously assign a disability rating for 
        the condition or conditions that the Secretary determined could 
        be assigned without further development; and</DELETED>
        <DELETED>    ``(B) continue development of the remaining 
        conditions.</DELETED>
<DELETED>    ``(2) If the Secretary is able to assign a disability 
rating for a condition described in paragraph (1)(B) with respect to a 
claim, the Secretary shall assign such rating and combine such rating 
with the rating or ratings previously assigned under paragraph (1)(A) 
with respect to that claim.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect on the date of the enactment of this Act, and shall 
apply with respect to claims filed on or after the date that is 60 days 
after the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 202. CLARIFICATION THAT REQUIREMENT OF SECRETARY OF 
              VETERANS AFFAIRS TO PROVIDE NOTICE TO CLAIMANTS OF 
              ADDITIONAL INFORMATION AND EVIDENCE REQUIRED ONLY APPLIES 
              WHEN ADDITIONAL INFORMATION OR EVIDENCE IS ACTUALLY 
              REQUIRED.</DELETED>

<DELETED>    (a) In General.--Section 5103(a)(1) of title 38, United 
States Code, is amended by striking the first sentence and inserting 
the following: ``If the Secretary receives a complete or substantially 
complete application that does not include information or medical or 
lay evidence not previously provided to the Secretary that is necessary 
to substantiate the claim, the Secretary shall, upon receipt of such 
application, notify the claimant and the claimant's representative, if 
any, that such information or evidence is necessary to substantiate the 
claim.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act, and shall 
apply with respect to claims filed on or after the date that is 60 days 
after the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 203. EQUAL DEFERENCE TO PRIVATE MEDICAL OPINIONS IN 
              ASSESSING CLAIMS FOR DISABILITY COMPENSATION.</DELETED>

<DELETED>    (a) Provision of Deference.--</DELETED>
        <DELETED>    (1) In general.--Subchapter I of chapter 51 of 
        title 38, United States Code, is amended by inserting after 
        section 5103A the following new section:</DELETED>
<DELETED>``Sec. 5103B. Treatment of private medical opinions</DELETED>
<DELETED>    ``(a) In General.--If a claimant submits a private medical 
opinion in support of a claim for disability compensation in accordance 
with standards established by the Secretary, such opinion shall be 
treated by the Secretary with the same deference as a medical opinion 
provided by a Department health care provider.</DELETED>
<DELETED>    ``(b) Supplemental Information.--(1) If a private medical 
opinion submitted as described in subsection (a) is found by the 
Secretary to be competent, credible, and probative, but otherwise not 
entirely adequate for purposes of assigning a disability rating and the 
Secretary determines a medical opinion from a Department health care 
provider is necessary for such purpose, the Secretary shall obtain from 
an appropriate Department health care provider (as determined pursuant 
to the standards described in subsection (a)) a medical opinion that is 
adequate for such purposes.</DELETED>
<DELETED>    ``(2) If the Secretary obtains a medical opinion from a 
Department health care provider under paragraph (1), the Secretary 
shall ensure that the medical opinion is obtained from a health care 
provider of the Department that has professional qualifications that 
are at least equal to the qualifications of the provider of the private 
medical opinion described in such paragraph.</DELETED>
<DELETED>    ``(c) Department Health Care Provider Defined.--In this 
section, the term `Department health care provider' includes a provider 
of health care who provides health care under contract with the 
Department.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections at 
        the beginning of chapter 51 of such title is amended by 
        inserting after the item relating to section 5103A the 
        following new item:</DELETED>

<DELETED>``5103B. Treatment of private medical opinions.''.
        <DELETED>    (3) Effective date.--Section 5103B of such title, 
        as added by paragraph (1), shall take effect on the date of the 
        enactment of this Act, and shall apply with respect to claims 
        pending or filed on or after the date that is 270 days after 
        the date of the enactment of this Act.</DELETED>
<DELETED>    (b) Notice.--</DELETED>
        <DELETED>    (1) In general.--Section 5103(a) of such title is 
        amended by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(3) A notice provided under this subsection shall inform 
a claimant, as the Secretary considers appropriate with respect to the 
claimant's claim--</DELETED>
        <DELETED>    ``(A) of the rights of the claimant to assistance 
        under section 5103A of this title; and</DELETED>
        <DELETED>    ``(B) if the claimant submits a private medical 
        opinion in support of a claim for disability compensation, how 
        such medical opinion will be treated under section 5103B of 
        this title.''.</DELETED>
        <DELETED>    (2) Effective date.--Paragraph (3) of such section 
        5103(a), as added by paragraph (1), shall take effect on the 
        date that is 270 days after the date of the enactment of this 
        Act.</DELETED>

<DELETED>SEC. 204. IMPROVEMENTS TO DISABILITY COMPENSATION CLAIM REVIEW 
              PROCESS.</DELETED>

<DELETED>    (a) Establishment of Fast Track Claim Review Process.--
</DELETED>
        <DELETED>    (1) In general.--Subchapter I of chapter 51 of 
        title 38, United States Code, is amended by inserting after 
        section 5103B, as added by section 203 of this Act, the 
        following new section:</DELETED>
<DELETED>``Sec. 5103C. Expedited review of initial claims for 
              disability compensation</DELETED>
<DELETED>    ``(a) Process Required.--The Secretary shall establish a 
process for the rapid identification of initial claims for disability 
compensation that should, in the adjudication of such claims, receive 
priority in the order of review.</DELETED>
<DELETED>    ``(b) Review of Initial Claims.--As part of the process 
required by subsection (a), the Secretary shall assign employees of the 
Department who are experienced in the processing of claims for 
disability compensation to carry out a preliminary review of all 
initial claims for disability compensation submitted to the Secretary 
in order to identify whether--</DELETED>
        <DELETED>    ``(1) the claims have the potential of being 
        adjudicated quickly;</DELETED>
        <DELETED>    ``(2) the claims qualify for priority treatment 
        under paragraph (2) of subsection (c); and</DELETED>
        <DELETED>    ``(3) a temporary disability rating could be 
        assigned with respect to the claims under section 1156 of this 
        title.</DELETED>
<DELETED>    ``(c) Priority in Adjudication of Initial Claims.--(1) As 
part of the process required by subsection (a) and except as provided 
in paragraph (2), the Secretary shall, in the adjudication of initial 
claims for disability compensation submitted to the Secretary, give 
priority in the order of review of such claims to claims identified 
under subsection (b)(1) as having the potential of being adjudicated 
quickly.</DELETED>
<DELETED>    ``(2) The Secretary may, under regulations the Secretary 
shall prescribe, provide priority in the order of review of initial 
claims for disability compensation for the adjudication of the 
following:</DELETED>
        <DELETED>    ``(A) Initial claims for disability compensation 
        submitted by homeless claimants.</DELETED>
        <DELETED>    ``(B) Initial claims for disability compensation 
        submitted by veterans who are terminally ill.</DELETED>
        <DELETED>    ``(C) Initial claims for disability compensation 
        submitted by claimants suffering severe financial 
        hardship.</DELETED>
        <DELETED>    ``(D) Partially adjudicated claims for disability 
        compensation under section 1157(b) of this title.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections at 
        the beginning of chapter 51 of such title is amended by 
        inserting after the item relating to section 5103B, as so 
        added, the following new item:</DELETED>

<DELETED>``5103C. Expedited review of initial claims for disability 
                            compensation.''.
        <DELETED>    (3) Effective date.--Section 5103C of such title, 
        as added by paragraph (1), shall take effect on the date that 
        is 90 days after the date of the enactment of this 
        Act.</DELETED>
<DELETED>    (b) Authority for Claimants To End Development of 
Claims.--</DELETED>
        <DELETED>    (1) In general.--Such subchapter is further 
        amended by inserting after section 5103C, as added by 
        subsection (a), the following new section:</DELETED>
<DELETED>``Sec. 5103D. Procedures for fully developed claims</DELETED>
<DELETED>    ``Upon notification received from a claimant that the 
claimant has no additional information or evidence to submit, the 
Secretary may determine that the claim is a fully developed claim. The 
Secretary shall then undertake any development necessary for any 
Federal records, medical examinations, or opinions relevant to the 
claim and may decide the claim based on all the evidence of 
record.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections at 
        the beginning of chapter 51 of such title is amended by 
        inserting after the item relating to section 5103C, as added by 
        subsection (a), the following new item:</DELETED>

<DELETED>``5103D. Procedures for fully developed claims.''.
        <DELETED>    (3) Effective date.--Section 5103D of such title, 
        as added by paragraph (1), shall take effect on the date of the 
        enactment of this Act.</DELETED>

<DELETED>SEC. 205. PROVISION BY SECRETARY OF VETERANS AFFAIRS OF NOTICE 
              OF DISAGREEMENT FORMS TO INITIATE APPELLATE REVIEW WITH 
              NOTICES OF DECISIONS OF DEPARTMENT OF VETERANS 
              AFFAIRS.</DELETED>

<DELETED>    (a) In General.--Section 5104 of title 38, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking the second 
        sentence; and</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``also include 
        (1) a'' and all that follows and inserting the following: 
        ``include the following:</DELETED>
        <DELETED>    ``(1) A statement of the reasons for the 
        decision.</DELETED>
        <DELETED>    ``(2) A summary of the evidence relied upon by the 
        Secretary in making the decision.</DELETED>
        <DELETED>    ``(3) An explanation of the procedure for 
        obtaining review of the decision.</DELETED>
        <DELETED>    ``(4) A form that, once completed, can serve as a 
        notice of disagreement under section 7105(a) of this 
        title.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect on the date that is 180 days after the date of the 
enactment of this Act.</DELETED>

<DELETED>SEC. 206. MODIFICATION OF FILING PERIOD FOR NOTICE OF 
              DISAGREEMENT TO INITIATE APPELLATE REVIEW OF DECISIONS OF 
              DEPARTMENT OF VETERANS AFFAIRS.</DELETED>

<DELETED>    (a) Filing of Notice of Disagreement by Claimants.--
</DELETED>
        <DELETED>    (1) In general.--Paragraph (1) of section 7105(b) 
        of title 38, United States Code, is amended--</DELETED>
                <DELETED>    (A) by striking ``one year'' and inserting 
                ``180 days'' in the first sentence; and</DELETED>
                <DELETED>    (B) by striking ``one-year'' and inserting 
                ``180-day'' in the third sentence.</DELETED>
        <DELETED>    (2) Electronic filing.--Such paragraph is further 
        amended by inserting ``or transmitted by electronic means'' 
        after ``postmarked''.</DELETED>
        <DELETED>    (3) Good cause exception for untimely filing of 
        notices of disagreement.--Such section 7105(b) is amended by 
        adding at the end the following new paragraph:</DELETED>
<DELETED>    ``(3)(A) A notice of disagreement not filed within the 
time prescribed by paragraph (1) shall be treated by the Secretary as 
timely filed if--</DELETED>
        <DELETED>    ``(i) the Secretary determines that the claimant, 
        legal guardian, or other accredited representative, attorney, 
        or authorized agent filing the notice had good cause for the 
        lack of filing within such time; and</DELETED>
        <DELETED>    ``(ii) the notice of disagreement is filed not 
        later than 186 days after the period prescribed by paragraph 
        (1).</DELETED>
<DELETED>    ``(B) For purposes of this paragraph, good cause shall 
include the following:</DELETED>
        <DELETED>    ``(i) Circumstances relating to any physical, 
        mental, educational, or linguistic limitation of the claimant, 
        legal guardian, representative, attorney, or authorized agent 
        concerned (including lack of facility with the English 
        language).</DELETED>
        <DELETED>    ``(ii) Circumstances relating to significant delay 
        in the delivery of the initial decision or of the notice of 
        disagreement caused by natural disaster or factors relating to 
        geographic location.</DELETED>
        <DELETED>    ``(iii) A change in financial circumstances, 
        including the payment of medical expenses or other changes in 
        income or net worth that are considered in determining 
        eligibility for benefits and services on an annualized basis 
        for purposes of needs-based benefits under chapters 15 and 17 
        of this title.''.</DELETED>
<DELETED>    (b) Application by Department for Review on Appeal.--
Section 7106 of such title is amended in the first sentence by striking 
``one-year period described in section 7105'' and inserting ``period 
described in section 7105(b)(1)''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date that is 180 days after the date of the 
enactment of this Act, and shall apply with respect to claims filed on 
or after the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 207. MODIFICATION OF SUBSTANTIVE APPEAL 
              PROCESS.</DELETED>

<DELETED>    (a) In General.--Section 7105 of title 38, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (3), by striking ``The 
                claimant will be afforded'' and all that follows 
                through the end of the paragraph; and</DELETED>
                <DELETED>    (B) by striking paragraphs (4) and (5); 
                and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(e)(1) A claimant shall be afforded a period of 60 days 
from the date the post-notice of disagreement decision is mailed under 
subsection (d) to file a substantive appeal.</DELETED>
<DELETED>    ``(2)(A) The period under paragraph (1) may be extended 
for an additional 60 days for good cause shown on a request for such 
extension submitted in writing within such period.</DELETED>
<DELETED>    ``(B) For purposes of this paragraph, good cause shall 
include the following:</DELETED>
        <DELETED>    ``(i) Circumstances relating to any physical, 
        mental, educational, or linguistic limitation of the claimant, 
        legal guardian, or other accredited representative, attorney, 
        or authorized agent filing the request (including lack of 
        facility with the English language).</DELETED>
        <DELETED>    ``(ii) Circumstances relating to significant delay 
        in the delivery of the initial decision or of the notice of 
        disagreement caused by natural disaster or factors relating to 
        geographic location.</DELETED>
        <DELETED>    ``(iii) A change in financial circumstances, 
        including the payment of medical expenses or other changes in 
        income or net worth that are considered in determining 
        eligibility for benefits and services on an annualized basis 
        for purposes of needs-based benefits under chapters 15 and 17 
        of this title.</DELETED>
<DELETED>    ``(3) A substantive appeal under this subsection shall 
identify the particular determination or determinations being appealed 
and allege specific errors of fact or law made by the agency of 
original jurisdiction in each determination being appealed.</DELETED>
<DELETED>    ``(4) A claimant in any case under this subsection may not 
be presumed to agree with any statement of fact contained in the post-
notice of disagreement decision to which the claimant does not 
specifically express disagreement.</DELETED>
<DELETED>    ``(5) If the claimant does not file a substantive appeal 
in accordance with the provisions of this chapter within the period 
afforded under paragraphs (1) and (2), as the case may be, the agency 
of original jurisdiction shall dismiss the appeal and notify the 
claimant of the dismissal. The notice shall include an explanation of 
the procedure for obtaining review of the dismissal by the Board of 
Veterans' Appeals.</DELETED>
<DELETED>    ``(6) In order to obtain review by the Board of a 
dismissal of an appeal by the agency of original jurisdiction, a 
claimant shall file a request for such review with the Board within the 
60-day period beginning on the date on which notice of the dismissal is 
mailed pursuant to paragraph (5).</DELETED>
<DELETED>    ``(7) If a claimant does not file a request for review by 
the Board in accordance with paragraph (6) within the prescribed period 
or if such a request is timely filed and the Board affirms the 
dismissal of the appeal, the determination of the agency of original 
jurisdiction regarding the claim for benefits under this title shall 
become final and the claim may not thereafter be reopened or allowed, 
except as may otherwise be provided by regulations not inconsistent 
with this title.</DELETED>
<DELETED>    ``(8) If an appeal is not dismissed by the agency of 
original jurisdiction, the Board may nonetheless dismiss any appeal 
which is--</DELETED>
        <DELETED>    ``(A) untimely; or</DELETED>
        <DELETED>    ``(B) fails to allege specific error of fact or 
        law in the determination being appealed.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect on the date of the enactment of this Act, and shall 
apply with respect to claims filed on or after the date that is 180 
days after the date of the enactment of this Act.</DELETED>

<DELETED>SEC. 208. PROVISION OF POST-NOTICE OF DISAGREEMENT DECISIONS 
              TO CLAIMANTS WHO FILE NOTICE OF DISAGREEMENTS.</DELETED>

<DELETED>    (a) In General.--Section 7105 of title 38, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``statement of the case'' each 
        place it appears and inserting ``post-notice of disagreement 
        decision''; and</DELETED>
        <DELETED>    (2) in subsection (d), as amended by section 207 
        of this Act--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                subparagraphs (A) through (C) and inserting the 
                following new subparagraphs:</DELETED>
        <DELETED>    ``(A) A description of the specific facts in the 
        case that support the agency's decision, including, if 
        applicable, an assessment as to the credibility of any lay 
        evidence pertinent to the issue or issues with which 
        disagreement has been expressed.</DELETED>
        <DELETED>    ``(B) A citation to pertinent laws and regulations 
        that support the agency's decision.</DELETED>
        <DELETED>    ``(C) A statement that addresses each issue and 
        provides the reasons why the evidence relied upon supports the 
        conclusions of the agency under the specific laws and 
        regulations applied.</DELETED>
        <DELETED>    ``(D) The date by which a substantive appeal must 
        be filed in order to obtain further review of the decision.''; 
        and</DELETED>
                <DELETED>    (B) by adding at the end the following new 
                paragraph:</DELETED>
<DELETED>    ``(4) The post-notice of disagreement decision shall be 
written in plain language.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 7105A of such title is 
amended by striking ``statement of the case'' each place it appears and 
inserting ``post-notice of disagreement decision''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date that is 180 days after the date of the 
enactment of this Act, and shall apply with respect to notices of 
disagreements filed on or after the date that is 180 days after the 
date of the enactment of this Act.</DELETED>

<DELETED>SEC. 209. AUTOMATIC WAIVER OF AGENCY OF ORIGINAL JURISDICTION 
              REVIEW OF NEW EVIDENCE.</DELETED>

<DELETED>    (a) In General.--Section 7105 of title 38, United States 
Code, as amended by section 207 of this Act, is further amended by 
adding at the end the following new subsection:</DELETED>
<DELETED>    ``(f) If, either at the time or after the agency of 
original jurisdiction receives a substantive appeal, the claimant or 
the claimant's representative, if any, submits evidence to either the 
agency of original jurisdiction or the Board of Veterans' Appeals for 
consideration in connection with the issue or issues with which 
disagreement has been expressed, such evidence shall be subject to 
initial review by the Board unless the claimant or the claimant's 
representative, as the case may be, requests in writing that the agency 
of original jurisdiction initially review such evidence. Such request 
for review shall accompany the submittal of the evidence or be made 
within 30 days of the submittal.''.</DELETED>
<DELETED>    (b) Effective Date.--Subsection (f) of such section, as 
added by subsection (a), shall take effect on the date that is 180 days 
after the date of the enactment of this Act, and shall apply with 
respect to claims for which a substantive appeal is filed on or after 
the date that is 180 days after the date of the enactment of this 
Act.</DELETED>

<DELETED>SEC. 210. AUTHORITY FOR BOARD OF VETERANS' APPEALS TO 
              DETERMINE LOCATION AND MANNER OF APPEARANCE FOR 
              HEARINGS.</DELETED>

<DELETED>    (a) Location.--Subsection (d) of section 7107 of title 38, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``An appellant'' 
        and all that follows through the end and inserting the 
        following: ``Upon request by an appellant for a hearing before 
        the Board, the Board shall determine whether the hearing will 
        be held at its principal location or at a facility of the 
        Department, or other appropriate Federal facility, located 
        within the area served by a regional office of the Department 
        as the Secretary considers most appropriate to schedule the 
        earliest possible date for the hearing.''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(4) A determination by the Board under paragraph (1) 
with respect to the location of a hearing shall be final unless the 
appellant demonstrates, on motion, good cause or special circumstances 
warranting a different location.''.</DELETED>
<DELETED>    (b) Manner of Appearance.--Subsection (e) of such section 
is amended--</DELETED>
        <DELETED>    (1) in paragraph (2)--</DELETED>
                <DELETED>    (A) by striking ``afford the appellant an 
                opportunity'' and inserting ``, as the Chairman 
                determines appropriate, require the appellant''; 
                and</DELETED>
                <DELETED>    (B) by striking the last sentence; 
                and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(3) A determination by the Chairman under paragraph (2) 
with respect to the participation of an appellant in a hearing shall be 
final unless the appellant demonstrates, on motion, good cause or 
special circumstances warranting a different 
determination.''.</DELETED>
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date that is 180 days after the date of the 
enactment of this Act, and shall apply with respect to requests for 
hearings filed on or after the date that is 180 days after the date of 
the enactment of this Act.</DELETED>

<DELETED>SEC. 211. DECISION BY COURT OF APPEALS FOR VETERANS CLAIMS ON 
              ALL ISSUES RAISED BY APPELLANTS.</DELETED>

<DELETED>    Section 7261 of title 38, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), in the matter before 
        paragraph (1), by striking ``, to the extent necessary to its 
        decision and when presented, shall'' and inserting ``shall, 
        when presented'';</DELETED>
        <DELETED>    (2) by redesignating subsections (c) and (d) as 
        subsections (d) and (e), respectively; and</DELETED>
        <DELETED>    (3) by inserting after subsection (b) the 
        following new subsection (c):</DELETED>
<DELETED>    ``(c) In carrying out a review of a decision of the Board 
of Veterans' Appeals, the Court shall render a decision on every issue 
raised by an appellant within the extent set forth in this 
section.''.</DELETED>

<DELETED>SEC. 212. GOOD CAUSE EXTENSION OF PERIOD FOR FILING NOTICE OF 
              APPEAL WITH UNITED STATES COURT OF APPEALS FOR VETERANS 
              CLAIMS.</DELETED>

<DELETED>    (a) In General.--Section 7266 of title 38, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (b), (c), and (d) 
        as subsections (c), (d), and (e), respectively;</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following new subsection (b):</DELETED>
<DELETED>    ``(b)(1) The Court may extend the initial period for the 
filing of a notice of appeal set forth in subsection (a) for an 
additional period not to exceed 120 days from the expiration of such 
initial period upon a motion--</DELETED>
        <DELETED>    ``(A) filed with the Court not later than 120 days 
        after the expiration of such initial period; and</DELETED>
        <DELETED>    ``(B) showing good cause for such 
        extension.</DELETED>
<DELETED>    ``(2) If a motion for extension under paragraph (1) is 
filed after expiration of the initial period for the filing of a notice 
of appeal set forth in subsection (a), the notice of appeal shall be 
filed concurrently with, or prior to, the filing of the motion.''; 
and</DELETED>
        <DELETED>    (3) in subsection (e), as redesignated by 
        paragraph (1), by striking ``subsection (c)(2)'' and inserting 
        ``subsection (d)(2)''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect on the date of the enactment of this Act and shall 
apply with respect to notices of appeal filed on or after the date of 
the enactment of this Act.</DELETED>

<DELETED>SEC. 213. PILOT PROGRAM ON PARTICIPATION OF LOCAL AND TRIBAL 
              GOVERNMENTS IN IMPROVING QUALITY OF CLAIMS FOR DISABILITY 
              COMPENSATION SUBMITTED TO DEPARTMENT OF VETERANS 
              AFFAIRS.</DELETED>

<DELETED>    (a) Pilot Program Required.--The Secretary of Veterans 
Affairs shall carry out a pilot program to assess the feasibility and 
advisability of entering into memorandums of understanding with local 
governments and tribal organizations--</DELETED>
        <DELETED>    (1) to improve the quality of claims submitted to 
        the Secretary for compensation under chapter 11 of title 38, 
        United States Code; and</DELETED>
        <DELETED>    (2) to provide assistance to veterans who may be 
        eligible for such compensation in submitting such 
        claims.</DELETED>
<DELETED>    (b) Minimum Number of Participating Tribal 
Organizations.--In carrying out the pilot program required by 
subsection (a), the Secretary shall enter into memorandums of 
understanding with at least two tribal organizations.</DELETED>
<DELETED>    (c) Tribal Organization Defined.--In this section, the 
term ``tribal organization'' has the meaning given that term in section 
3765 of title 38, United States Code.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Claims Processing 
Improvement Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Adjudication of claims for disability compensation consisting 
                            of multiple issues one or more of which can 
                            be quickly adjudicated.
Sec. 3. Authority for certain individuals to sign claims filed with 
                            Secretary of Veterans Affairs on behalf of 
                            claimants.
Sec. 4. Clarification that requirement of Secretary of Veterans Affairs 
                            to provide notice to claimants of 
                            additional information and evidence 
                            required only applies when additional 
                            information or evidence is actually 
                            required.
Sec. 5. Equal deference to private medical opinions in assessing claims 
                            for disability compensation.
Sec. 6. Improvements to disability compensation claim review process.
Sec. 7. Authority for retroactive effective date for awards of 
                            disability compensation in connection with 
                            applications that are fully-developed at 
                            submittal.
Sec. 8. Provision by Secretary of Veterans Affairs of notice of 
                            disagreement forms to initiate appellate 
                            review with notices of decisions of 
                            Department of Veterans Affairs.
Sec. 9. Improvement of process for filing jointly for social security 
                            and dependency and indemnity compensation.
Sec. 10. Access by Secretary of Veterans Affairs to financial records 
                            of individuals represented by fiduciaries 
                            and receiving benefits under laws 
                            administered by Secretary.
Sec. 11. Treatment of certain misfiled documents as motions for 
                            reconsideration of decisions by Board of 
                            Veterans' Appeals.
Sec. 12. Modification of filing period for notice of disagreement to 
                            initiate appellate review of decisions of 
                            Department of Veterans Affairs.
Sec. 13. Provision of post-notice of disagreement decisions to 
                            claimants who file notice of disagreements.
Sec. 14. Modification of substantive appeal process.
Sec. 15. Automatic waiver of agency of original jurisdiction review of 
                            new evidence.
Sec. 16. Determination of location and manner of appearance for 
                            hearings.
Sec. 17. Decision by Court of Appeals for Veterans Claims on all issues 
                            raised by appellants.
Sec. 18. Good cause extension of period for filing notice of appeal 
                            with United States Court of Appeals for 
                            Veterans Claims.
Sec. 19. Pilot program on participation of local and tribal governments 
                            in improving quality of claims for 
                            disability compensation submitted to 
                            Department of Veterans Affairs.
Sec. 20. Increase in rate of pension for disabled veterans married to 
                            one another and both of whom require 
                            regular aid and attendance.
Sec. 21. Automatic annual increase in rates of disability compensation 
                            and dependency and indemnity compensation.
Sec. 22. Action plan to improve correlation between employee pay and 
                            performance.

SEC. 2. ADJUDICATION OF CLAIMS FOR DISABILITY COMPENSATION CONSISTING 
              OF MULTIPLE ISSUES ONE OR MORE OF WHICH CAN BE QUICKLY 
              ADJUDICATED.

    (a) In General.--Section 1157 of title 38, United States Code, is 
amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
    ``(a) In General.--The Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(b) Intermediate Assignment of Ratings.--(1) In the case of a 
veteran who submits to the Secretary a claim for compensation under 
this chapter for more than one condition and the Secretary determines 
that a disability rating can be assigned without further development 
for one or more conditions but not all conditions in the claim, the 
Secretary shall--
            ``(A) expeditiously assign a disability rating for the 
        condition or conditions that the Secretary determined could be 
        assigned without further development; and
            ``(B) continue development of the remaining conditions.
    ``(2) If the Secretary is able to assign a disability rating for a 
condition described in paragraph (1)(B) with respect to a claim, the 
Secretary shall assign such rating and combine such rating with the 
rating or ratings previously assigned under paragraph (1)(A) with 
respect to that claim.
    ``(3) If the Secretary determines, after assigning a rating for a 
condition under paragraph (1)(A), that further development of the 
condition could result in assignment of a higher rating, the Secretary 
shall continue development of such condition and reassess the 
rating.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to claims filed on or after the date that is 60 days after 
the date of the enactment of this Act.

SEC. 3. AUTHORITY FOR CERTAIN INDIVIDUALS TO SIGN CLAIMS FILED WITH 
              SECRETARY OF VETERANS AFFAIRS ON BEHALF OF CLAIMANTS.

    (a) In General.--Section 5101 of title 38, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``A specific'' and inserting ``(1) 
                A specific''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) If an individual has not attained the age of 18 years, is 
mentally incompetent, or is physically unable to sign a form, a form 
filed under paragraph (1) for the individual may be signed by a court 
appointed representative or a person who is responsible for the care of 
the individual, including a spouse or other relative. If the individual 
is in the care of an institution, the manager or principal officer of 
the institution may sign the form.'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by inserting ``, signs a form on behalf 
                        of a person to apply for,'' after ``who applies 
                        for''; and
                            (ii) by inserting ``, or TIN in the case 
                        that the person is not an individual,'' after 
                        ``of such person''; and
                    (B) in paragraph (2), by inserting ``or TIN'' after 
                ``social security number'' each place it appears; and
            (3) by adding at the end the following new subsection:
    ``(d) In this section:
            ``(1) The term `mentally incompetent' with respect to an 
        individual means that the individual lacks the mental 
        capacity--
                    ``(A) to provide substantially accurate information 
                needed to complete a form; or
                    ``(B) to certify that the statements made on a form 
                are true and complete.
            ``(2) The term `TIN' has the meaning given the term in 
        section 7701(a)(41) of the Internal Revenue Code of 1986.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to claims filed on or after the date of the 
enactment of this Act.

SEC. 4. CLARIFICATION THAT REQUIREMENT OF SECRETARY OF VETERANS AFFAIRS 
              TO PROVIDE NOTICE TO CLAIMANTS OF ADDITIONAL INFORMATION 
              AND EVIDENCE REQUIRED ONLY APPLIES WHEN ADDITIONAL 
              INFORMATION OR EVIDENCE IS ACTUALLY REQUIRED.

    (a) In General.--Section 5103(a)(1) of title 38, United States 
Code, is amended by striking the first sentence and inserting the 
following: ``If the Secretary receives a complete or substantially 
complete application that does not include information or medical or 
lay evidence not previously provided to the Secretary that is necessary 
to substantiate the claim, the Secretary shall, upon receipt of such 
application, notify the claimant and the claimant's representative, if 
any, that such information or evidence is necessary to substantiate and 
grant the claim.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to claims filed on or after the date that is 60 days after 
the date of the enactment of this Act.

SEC. 5. EQUAL DEFERENCE TO PRIVATE MEDICAL OPINIONS IN ASSESSING CLAIMS 
              FOR DISABILITY COMPENSATION.

    (a) Provision of Deference.--
            (1) In general.--Subchapter I of chapter 51 of title 38, 
        United States Code, is amended by inserting after section 5103A 
        the following new section:
``Sec. 5103B. Treatment of private medical opinions
    ``(a) In General.--If a claimant submits a private medical opinion 
in support of a claim for disability compensation in accordance with 
standards established by the Secretary, such opinion shall be treated 
by the Secretary with the same deference as a medical opinion provided 
by a Department health care provider.
    ``(b) Supplemental Information.--(1) If a private medical opinion 
submitted as described in subsection (a) is found by the Secretary to 
be competent, credible, and probative, but otherwise not entirely 
adequate for purposes of assigning a disability rating or determining 
service-connection and the Secretary determines a medical opinion from 
a Department health care provider is necessary for such purposes, the 
Secretary shall obtain from an appropriate Department health care 
provider (as determined pursuant to the standards described in 
subsection (a)) a medical opinion that is adequate for such purposes.
    ``(2) If a private medical opinion submitted as described in 
subsection (a) addresses a matter relevant to the claim described in 
such subsection and such matter is within an area of expertise of the 
provider of such opinion, any opinion obtained by the Secretary under 
paragraph (1) of this subsection that addresses the same matter shall, 
to the extent feasible, be obtained from a health care provider of the 
Department that has expertise in that area.
    ``(c) Department Health Care Provider Defined.--In this section, 
the term `Department health care provider' includes a provider of 
health care who provides health care under contract with the 
Department.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 51 of such title is amended by inserting 
        after the item relating to section 5103A the following new 
        item:

``5103B. Treatment of private medical opinions.''.
            (3) Effective date.--Section 5103B of such title, as added 
        by paragraph (1), shall take effect on the date of the 
        enactment of this Act, and shall apply with respect to claims 
        pending or filed on or after the date that is 270 days after 
        the date of the enactment of this Act.
    (b) Notice.--
            (1) In general.--Section 5103(a) of such title is amended 
        by adding at the end the following new paragraph:
    ``(3) A notice provided under this subsection shall inform a 
claimant, as the Secretary considers appropriate with respect to the 
claimant's claim--
            ``(A) of the rights of the claimant to assistance under 
        section 5103A of this title; and
            ``(B) if the claimant submits a private medical opinion in 
        support of a claim for disability compensation, how such 
        medical opinion will be treated under section 5103B of this 
        title.''.
            (2) Effective date.--Paragraph (3) of such section 5103(a), 
        as added by paragraph (1), shall take effect on the date that 
        is 270 days after the date of the enactment of this Act.

SEC. 6. IMPROVEMENTS TO DISABILITY COMPENSATION CLAIM REVIEW PROCESS.

    (a) Establishment of Fast Track Claim Review Process.--
            (1) In general.--Subchapter I of chapter 51 of title 38, 
        United States Code, is amended by inserting after section 
        5103B, as added by section 5 of this Act, the following new 
        section:
``Sec. 5103C. Expedited review of claims for disability compensation
    ``(a) Process Required.--The Secretary shall establish a process 
for the rapid identification of initial claims for disability 
compensation that should, in the adjudication of such claims, receive 
priority in the order of review.
    ``(b) Review of Initial Claims.--As part of the process required by 
subsection (a), the Secretary shall assign employees of the Department 
who are experienced in the processing of claims for disability 
compensation to carry out a preliminary review of all initial claims 
for disability compensation submitted to the Secretary in order to 
identify whether--
            ``(1) the claims have the potential of being adjudicated 
        quickly;
            ``(2) the claims qualify for priority treatment under 
        paragraph (2) of subsection (c); and
            ``(3) a temporary disability rating could be assigned with 
        respect to the claims under section 1156 of this title.
    ``(c) Priority in Adjudication of Claims.--(1) Except as provided 
in paragraph (2), the Secretary shall, in the adjudication of claims 
for disability compensation submitted to the Secretary, give priority 
in the order of review of such claims to claims identified under 
subsection (b)(1) as having the potential of being adjudicated quickly.
    ``(2) The Secretary may, under regulations the Secretary shall 
prescribe, provide priority in the order of review of claims for 
disability compensation.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 51 of such title is amended by inserting 
        after the item relating to section 5103B, as so added, the 
        following new item:

``5103C. Expedited review of claims for disability compensation.''.
            (3) Effective date.--Section 5103C of such title, as added 
        by paragraph (1), shall take effect on the date that is 90 days 
        after the date of the enactment of this Act.
    (b) Authority for Claimants To End Development of Claims.--
            (1) In general.--Such subchapter is further amended by 
        inserting after section 5103C, as added by subsection (a), the 
        following new section:
``Sec. 5103D. Procedures for fully developed claims
    ``Upon notification received from a claimant that the claimant has 
no additional information or evidence to submit, the Secretary may 
determine that the claim is a fully developed claim. The Secretary 
shall then undertake any development necessary for any Federal records, 
medical examinations, or opinions relevant to the claim and may decide 
the claim based on all the evidence of record.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 51 of such title is amended by inserting 
        after the item relating to section 5103C, as added by 
        subsection (a), the following new item:

``5103D. Procedures for fully developed claims.''.
            (3) Effective date.--Section 5103D of such title, as added 
        by paragraph (1), shall take effect on the date of the 
        enactment of this Act.

SEC. 7. AUTHORITY FOR RETROACTIVE EFFECTIVE DATE FOR AWARDS OF 
              DISABILITY COMPENSATION IN CONNECTION WITH APPLICATIONS 
              THAT ARE FULLY-DEVELOPED AT SUBMITTAL.

    Section 5110(b) of title 38, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4); and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) The effective date of an award of disability compensation to 
a veteran who submits an application therefor that sets forth a claim 
that is fully-developed (as prescribed by the Secretary for purposes of 
this paragraph) as of the date of submittal shall be fixed in 
accordance with the facts found, but shall not be earlier than the date 
that is one year before the date of receipt of the application.''.

SEC. 8. PROVISION BY SECRETARY OF VETERANS AFFAIRS OF NOTICE OF 
              DISAGREEMENT FORMS TO INITIATE APPELLATE REVIEW WITH 
              NOTICES OF DECISIONS OF DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 5104 of title 38, United States Code, is 
amended--
            (1) in subsection (a), by striking the second sentence; and
            (2) in subsection (b), by striking ``also include (1) a'' 
        and all that follows and inserting the following: ``include the 
        following:
            ``(1) A statement of the reasons for the decision.
            ``(2) A summary of the evidence relied upon by the 
        Secretary in making the decision.
            ``(3) An explanation of the procedure for obtaining review 
        of the decision, including the period prescribed under 
        paragraph (1) of section 7105(b) of this title and the good 
        cause exception under paragraph (3) of such section.
            ``(4) A form that, once completed, can serve as a notice of 
        disagreement under section 7105(a) of this title.''.
    (b) Consultation.--In developing the form required by subsection 
(b)(4) of such section, as added by subsection (a), the Secretary of 
Veterans Affairs may consult with veterans service organizations and 
such other organizations as the Secretary considers appropriate.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act.

SEC. 9. IMPROVEMENT OF PROCESS FOR FILING JOINTLY FOR SOCIAL SECURITY 
              AND DEPENDENCY AND INDEMNITY COMPENSATION.

    Section 5105 of title 38, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``shall'' and inserting ``may''; 
                and
                    (B) by striking ``Each such form'' and inserting 
                ``Such forms''; and
            (2) in subsection (b), by striking ``on such a form'' and 
        inserting ``on any form indicating an intent to apply for 
        survivor benefits''.

SEC. 10. ACCESS BY SECRETARY OF VETERANS AFFAIRS TO FINANCIAL RECORDS 
              OF INDIVIDUALS REPRESENTED BY FIDUCIARIES AND RECEIVING 
              BENEFITS UNDER LAWS ADMINISTERED BY SECRETARY.

    Section 5502 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f)(1) The Secretary may require any person appointed or 
recognized as a fiduciary for a Department beneficiary under this 
section to provide authorization for the Secretary to obtain (subject 
to the cost reimbursement requirements of section 1115(a) of the Right 
to Financial Privacy Act of 1978 (12 U.S.C. 3415)) from any financial 
institution any financial record held by the institution with respect 
to the fiduciary or the beneficiary whenever the Secretary determines 
that the financial record is necessary--
            ``(A) for the administration of a program administered by 
        the Secretary; or
            ``(B) in order to safeguard the beneficiary's benefits 
        against neglect, misappropriation, misuse, embezzlement, or 
        fraud.
    ``(2) Notwithstanding section 1104(a)(1) of such Act (12 U.S.C. 
3404(a)(1)), an authorization provided by a fiduciary under paragraph 
(1) with respect to a beneficiary shall remain effective until the 
earliest of--
            ``(A) the approval by a court or the Secretary of a final 
        accounting of payment of benefits under any law administered by 
        the Secretary to a fiduciary on behalf of such beneficiary;
            ``(B) in the absence of any evidence of neglect, 
        misappropriation, misuse, embezzlement, or fraud, the express 
        revocation by the fiduciary of the authorization in a written 
        notification to the Secretary; or
            ``(C) the date that is three years after the date of the 
        authorization.
    ``(3)(A) An authorization obtained by the Secretary pursuant to 
this subsection shall be considered to meet the requirements of the 
Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) for 
purposes of section 1103(a) of such Act (12 U.S.C. 3403(a)), and need 
not be furnished to the financial institution, notwithstanding section 
1104(a) of such Act (12 U.S.C. 3404(a)), if the Secretary provides a 
copy of the authorization to the financial institution.
    ``(B) The certification requirements of section 1103(b) of such Act 
(12 U.S.C. 3403(b)) shall not apply to requests by the Secretary 
pursuant to an authorization provided under this subsection.
    ``(C) A request for a financial record by the Secretary pursuant to 
an authorization provided by a fiduciary under this subsection is 
deemed to meet the requirements of section 1104(a)(3) of such Act (12 
U.S.C. 3404(a)(3)) and the matter in section 1102 of such Act (12 
U.S.C. 3402) that precedes paragraph (1) of such section if such 
request identifies the fiduciary and the beneficiary concerned.
    ``(D) The Secretary shall inform any person who provides 
authorization under this subsection of the duration and scope of the 
authorization.
    ``(E) If a fiduciary of a Department beneficiary refuses to 
provide, or revokes, any authorization to permit the Secretary to 
obtain from any financial institution any financial record concerning 
benefits paid by the Secretary for such beneficiary, the Secretary may, 
on that basis, revoke the appointment or the recognition of the 
fiduciary for such beneficiary and for any other Department beneficiary 
for whom such fiduciary has been appointed or recognized. If the 
appointment or recognition of a fiduciary is revoked, benefits may be 
paid as provided in subsection (d).
    ``(4) For purposes of section 1113(d) of such Act (12 U.S.C. 
3413(d)), a disclosure pursuant to this subsection shall be considered 
a disclosure pursuant to a Federal statute.
    ``(5) In this subsection:
            ``(A) The term `fiduciary' includes any person appointed or 
        recognized to receive payment of benefits under any law 
        administered by the Secretary on behalf of a Department 
        beneficiary.
            ``(B) The term `financial institution' has the meaning 
        given such term in section 1101 of such Act (12 U.S.C. 3401), 
        except that such term shall also include any benefit 
        association, insurance company, safe deposit company, money 
        market mutual fund, or similar entity authorized to do business 
        in any State.
            ``(C) The term `financial record' has the meaning given 
        such term in such section.''.

SEC. 11. TREATMENT OF CERTAIN MISFILED DOCUMENTS AS MOTIONS FOR 
              RECONSIDERATION OF DECISIONS BY BOARD OF VETERANS' 
              APPEALS.

    Section 7103 of title 38, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c)(1) Except as provided in paragraph (2), if a person adversely 
affected by a final decision of the Board, who has not filed a notice 
of appeal with the United States Court of Appeals for Veterans Claims 
under section 7266(a) of this title within the period set forth in that 
section, files a document with the Board or the agency of original 
jurisdiction referred to in section 7105(b)(1) of this title that 
expresses disagreement with such decision not later than 120 days after 
the date of such decision, such document shall be treated as a motion 
for reconsideration of such decision under subsection (a).
    ``(2) A document described in paragraph (1) shall not be treated as 
a motion for reconsideration of the decision under paragraph (1) if--
            ``(A) the Board or the agency of original jurisdiction 
        referred to in paragraph (1)--
                    ``(i) receives the document described in paragraph 
                (1);
                    ``(ii) determines that such document expresses an 
                intent to appeal the decision to the United States 
                Court of Appeals for Veterans Claims; and
                    ``(iii) forwards such document to the United States 
                Court of Appeals for Veterans Claims; and
            ``(B) the United States Court of Appeals for Veterans 
        Claims receives such document within the period set forth by 
        section 7266(a) of this title.''.

SEC. 12. MODIFICATION OF FILING PERIOD FOR NOTICE OF DISAGREEMENT TO 
              INITIATE APPELLATE REVIEW OF DECISIONS OF DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) Filing of Notice of Disagreement by Claimants.--
            (1) In general.--Paragraph (1) of section 7105(b) of title 
        38, United States Code, is amended--
                    (A) by striking ``one year'' and inserting ``180 
                days'' in the first sentence; and
                    (B) by striking ``one-year'' and inserting ``180-
                day'' in the third sentence.
            (2) Electronic filing.--Such paragraph is further amended 
        by inserting ``or transmitted by electronic means'' after 
        ``postmarked''.
            (3) Good cause exception for untimely filing of notices of 
        disagreement.--Such section 7105(b) is amended by adding at the 
        end the following new paragraph:
    ``(3)(A) A notice of disagreement not filed within the time 
prescribed by paragraph (1) shall be treated by the Secretary as timely 
filed if--
            ``(i) the Secretary determines that the claimant, legal 
        guardian, or other accredited representative, attorney, or 
        authorized agent filing the notice had good cause for the lack 
        of filing within such time; and
            ``(ii) the notice of disagreement is filed not later than 
        186 days after the period prescribed by paragraph (1).
    ``(B) For purposes of this paragraph, good cause shall include the 
following:
            ``(i) Circumstances relating to any physical, mental, 
        educational, or linguistic limitation of the claimant, legal 
        guardian, representative, attorney, or authorized agent 
        concerned (including lack of facility with the English 
        language).
            ``(ii) Circumstances relating to significant delay in the 
        delivery of the initial decision or of the notice of 
        disagreement caused by natural disaster or factors relating to 
        geographic location.
            ``(iii) A change in financial circumstances, including the 
        payment of medical expenses or other changes in income or net 
        worth that are considered in determining eligibility for 
        benefits and services on an annualized basis for purposes of 
        needs-based benefits under chapters 15 and 17 of this title.''.
    (b) Application by Department for Review on Appeal.--Section 7106 
of such title is amended in the first sentence by striking ``one-year 
period described in section 7105'' and inserting ``period described in 
section 7105(b)(1)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act, and shall apply with respect to claims filed on or after the 
date of the enactment of this Act.

SEC. 13. PROVISION OF POST-NOTICE OF DISAGREEMENT DECISIONS TO 
              CLAIMANTS WHO FILE NOTICE OF DISAGREEMENTS.

    (a) In General.--Section 7105 of title 38, United States Code, is 
amended--
            (1) by striking ``statement of the case'' each place it 
        appears and inserting ``post-notice of disagreement decision''; 
        and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking subparagraphs (A) 
                through (C) and inserting the following new 
                subparagraphs:
            ``(A) A description of the specific facts in the case that 
        support the agency's decision, including, if applicable, an 
        assessment as to the credibility of any lay evidence pertinent 
        to the issue or issues with which disagreement has been 
        expressed.
            ``(B) A citation to pertinent laws and regulations that 
        support the agency's decision.
            ``(C) A statement that addresses each issue and provides 
        the reasons why the evidence relied upon supports the 
        conclusions of the agency under the specific laws and 
        regulations applied.
            ``(D) The date by which a substantive appeal must be filed 
        in order to obtain further review of the decision.
            ``(E) The rights of the claimant under subsection (f).''; 
        and
                    (B) by adding at the end the following new 
                paragraph:
    ``(6) The post-notice of disagreement decision shall be written in 
plain language.''.
    (b) Conforming Amendment.--Section 7105A of such title is amended 
by striking ``statement of the case'' each place it appears and 
inserting ``post-notice of disagreement decision''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act, and shall apply with respect to notices of disagreements 
filed on or after the date that is 180 days after the date of the 
enactment of this Act.

SEC. 14. MODIFICATION OF SUBSTANTIVE APPEAL PROCESS.

    (a) In General.--Section 7105 of title 38, United States Code, is 
amended--
            (1) in subsection (d), as amended by section 13 of this 
        Act--
                    (A) in paragraph (3), by striking ``The claimant 
                will be afforded'' and all that follows through the end 
                of the paragraph;
                    (B) by striking paragraphs (4) and (5); and
                    (C) by redesignating paragraph (6) as paragraph 
                (4); and
            (2) by adding at the end the following new subsection:
    ``(e)(1) A claimant shall be afforded a period of 60 days from the 
date the post-notice of disagreement decision is mailed under 
subsection (d) to file a substantive appeal.
    ``(2)(A) The period under paragraph (1) may be extended for an 
additional 60 days for good cause shown on a request for such extension 
submitted in writing within such period.
    ``(B) For purposes of this paragraph, good cause shall include the 
following:
            ``(i) Circumstances relating to any physical, mental, 
        educational, or linguistic limitation of the claimant, legal 
        guardian, or other accredited representative, attorney, or 
        authorized agent filing the request (including lack of facility 
        with the English language).
            ``(ii) Circumstances relating to significant delay in the 
        delivery of the initial decision or of the notice of 
        disagreement caused by natural disaster or factors relating to 
        geographic location.
            ``(iii) A change in financial circumstances, including the 
        payment of medical expenses or other changes in income or net 
        worth that are considered in determining eligibility for 
        benefits and services on an annualized basis for purposes of 
        needs-based benefits under chapters 15 and 17 of this title.
    ``(3) A substantive appeal under this subsection shall identify the 
particular determination or determinations being appealed and allege 
specific errors of fact or law made by the agency of original 
jurisdiction in each determination being appealed.
    ``(4) A claimant in any case under this subsection may not be 
presumed to agree with any statement of fact contained in the post-
notice of disagreement decision to which the claimant does not 
specifically express disagreement.
    ``(5) If the claimant does not file a substantive appeal in 
accordance with the provisions of this chapter within the period 
afforded under paragraphs (1) and (2), as the case may be, the agency 
of original jurisdiction shall dismiss the appeal and notify the 
claimant of the dismissal. The notice shall include an explanation of 
the procedure for obtaining review of the dismissal by the Board of 
Veterans' Appeals.
    ``(6) In order to obtain review by the Board of a dismissal of an 
appeal by the agency of original jurisdiction, a claimant shall file a 
request for such review with the Board within the 60-day period 
beginning on the date on which notice of the dismissal is mailed 
pursuant to paragraph (5).
    ``(7) If a claimant does not file a request for review by the Board 
in accordance with paragraph (6) within the prescribed period or if 
such a request is timely filed and the Board affirms the dismissal of 
the appeal, the determination of the agency of original jurisdiction 
regarding the claim for benefits under this title shall become final 
and the claim may not thereafter be reopened or allowed, except as may 
otherwise be provided by regulations not inconsistent with this title.
    ``(8) If an appeal is not dismissed by the agency of original 
jurisdiction, the Board may nonetheless dismiss any appeal which is--
            ``(A) untimely; or
            ``(B) fails to allege specific error of fact or law in the 
        determination being appealed.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to claims filed on or after the date that is 180 days 
after the date of the enactment of this Act.

SEC. 15. AUTOMATIC WAIVER OF AGENCY OF ORIGINAL JURISDICTION REVIEW OF 
              NEW EVIDENCE.

    (a) In General.--Section 7105 of title 38, United States Code, as 
amended by section 14 of this Act, is further amended by adding at the 
end the following new subsection:
    ``(f) If, either at the time or after the agency of original 
jurisdiction receives a substantive appeal, the claimant or the 
claimant's representative, if any, submits evidence to either the 
agency of original jurisdiction or the Board of Veterans' Appeals for 
consideration in connection with the issue or issues with which 
disagreement has been expressed, such evidence shall be subject to 
initial review by the Board unless the claimant or the claimant's 
representative, as the case may be, requests in writing that the agency 
of original jurisdiction initially review such evidence. Such request 
for review shall accompany the submittal of the evidence or be made 
within 30 days of the submittal.''.
    (b) Effective Date.--Subsection (f) of such section, as added by 
subsection (a), shall take effect on the date that is 180 days after 
the date of the enactment of this Act, and shall apply with respect to 
claims for which a substantive appeal is filed on or after the date 
that is 180 days after the date of the enactment of this Act.

SEC. 16. DETERMINATION OF LOCATION AND MANNER OF APPEARANCE FOR 
              HEARINGS.

    (a) Location.--Subsection (d)(1) of section 7107 of title 38, 
United States Code, is amended by striking ``An appellant'' and all 
that follows through the end and inserting the following: ``Upon 
request by an appellant for a hearing before the Board, the Board shall 
present the appellant with the following:
            ``(A) The option of holding the hearing at--
                    ``(i) the Board's principal location; or
                    ``(ii) a facility of the Department located within 
                the area served by a regional office of the Department.
            ``(B) A recommendation as to the option presented under 
        subparagraph (A) that would lead to the earliest possible date 
        for the hearing, including with respect to the use of 
        facilities and equipment under subsection (e).
            ``(C) Statistics on the average wait experienced by 
        similarly situated appellants for hearings at either option 
        presented under subparagraph (A).''.
    (b) Manner.--Subsection (e)(2) of such section is amended--
            (1) by striking ``When such'' and inserting ``(A) When 
        such'';
            (2) by striking ``Any such'' and inserting the following:
    ``(B) Any such'';
            (3) by striking ``If the appellant'' and inserting the 
        following:
    ``(D) If the appellant'';
            (4) by inserting after subparagraph (B), as designated by 
        paragraph (2), the following new subparagraph (C):
    ``(C) In affording the appellant an opportunity under subparagraph 
(A), the Board shall inform the appellant of the advantages and 
disadvantages of participating in a hearing through the use of such 
facilities and equipment.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act, and shall apply with respect to requests for hearings filed 
on or after the date that is 180 days after the date of the enactment 
of this Act.

SEC. 17. DECISION BY COURT OF APPEALS FOR VETERANS CLAIMS ON ALL ISSUES 
              RAISED BY APPELLANTS.

    Section 7261 of title 38, United States Code, is amended--
            (1) in subsection (a), in the matter before paragraph (1), 
        by striking ``, to the extent necessary to its decision and 
        when presented, shall'' and inserting ``shall, when 
        presented'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) In carrying out a review of a decision of the Board of 
Veterans' Appeals, the Court shall render a decision on every issue 
raised by an appellant within the extent set forth in this section.''.

SEC. 18. GOOD CAUSE EXTENSION OF PERIOD FOR FILING NOTICE OF APPEAL 
              WITH UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.

    (a) In General.--Section 7266 of title 38, United States Code, is 
amended--
            (1) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively;
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b)(1) The Court may extend the initial period for the filing of 
a notice of appeal set forth in subsection (a) for an additional period 
not to exceed 120 days from the expiration of such initial period upon 
a motion--
            ``(A) filed with the Court not later than 120 days after 
        the expiration of such initial period; and
            ``(B) showing good cause for such extension.
    ``(2) If a motion for extension under paragraph (1) is filed after 
expiration of the initial period for the filing of a notice of appeal 
set forth in subsection (a), the notice of appeal shall be filed 
concurrently with, or prior to, the filing of the motion.''; and
            (3) in subsection (e), as redesignated by paragraph (1), by 
        striking ``subsection (c)(2)'' and inserting ``subsection 
        (d)(2)''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply 
with respect to notices of appeal filed on or after the date of the 
enactment of this Act.

SEC. 19. PILOT PROGRAM ON PARTICIPATION OF LOCAL AND TRIBAL GOVERNMENTS 
              IN IMPROVING QUALITY OF CLAIMS FOR DISABILITY 
              COMPENSATION SUBMITTED TO DEPARTMENT OF VETERANS AFFAIRS.

    (a) Pilot Program Required.--The Secretary of Veterans Affairs 
shall carry out a pilot program to assess the feasibility and 
advisability of entering into memorandums of understanding with local 
governments and tribal organizations--
            (1) to improve the quality of claims submitted to the 
        Secretary for compensation under chapter 11 of title 38, United 
        States Code; and
            (2) to provide assistance to veterans who may be eligible 
        for such compensation in submitting such claims.
    (b) Minimum Number of Participating Tribal Organizations.--In 
carrying out the pilot program required by subsection (a), the 
Secretary shall enter into memorandums of understanding with at least 
two tribal organizations.
    (c) Tribal Organization Defined.--In this section, the term 
``tribal organization'' has the meaning given that term in section 3765 
of title 38, United States Code.

SEC. 20. INCREASE IN RATE OF PENSION FOR DISABLED VETERANS MARRIED TO 
              ONE ANOTHER AND BOTH OF WHOM REQUIRE REGULAR AID AND 
              ATTENDANCE.

    (a) In General.--Section 1521(f)(2) of title 38, United States 
Code, is amended by striking ``$30,480'' and inserting ``$31,305''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 21. AUTOMATIC ANNUAL INCREASE IN RATES OF DISABILITY COMPENSATION 
              AND DEPENDENCY AND INDEMNITY COMPENSATION.

    (a) Indexing to Social Security Increases.--Section 5312 of title 
38, United States Code, is amended by adding at the end the following 
new subsection:
    ``(d)(1) Whenever there is an increase in benefit amounts payable 
under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a 
result of a determination made under section 215(i) of such Act (42 
U.S.C. 415(i)), the Secretary shall, effective on the date of such 
increase in benefit amounts, increase the dollar amounts in effect for 
the payment of disability compensation and dependency and indemnity 
compensation by the Secretary, as specified in paragraph (2), as such 
amounts were in effect immediately before the date of such increase in 
benefit amounts payable under title II of the Social Security Act, by 
the same percentage as the percentage by which such benefit amounts are 
increased.
    ``(2) The dollar amounts to be increased pursuant to paragraph (1) 
are the following:
            ``(A) Compensation.--Each of the dollar amounts in effect 
        under section 1114 of this title.
            ``(B) Additional compensation for dependents.--Each of the 
        dollar amounts in effect under section 1115(1) of this title.
            ``(C) Clothing allowance.--The dollar amount in effect 
        under section 1162 of this title.
            ``(D) New dic rates.--Each of the dollar amounts in effect 
        under paragraphs (1) and (2) of section 1311(a) of this title.
            ``(E) Old dic rates.--Each of the dollar amounts in effect 
        under section 1311(a)(3) of this title.
            ``(F) Additional dic for surviving spouses with minor 
        children.--The dollar amount in effect under section 1311(b) of 
        this title.
            ``(G) Additional dic for disability.--Each of the dollar 
        amounts in effect under sections 1311(c) and 1311(d) of this 
        title.
            ``(H) DIC for dependent children.--Each of the dollar 
        amounts in effect under sections 1313(a) and 1314 of this 
        title.
    ``(3) Whenever there is an increase under paragraph (1) in amounts 
in effect for the payment of disability compensation and dependency and 
indemnity compensation, the Secretary shall publish such amounts, as 
increased pursuant to such paragraph, in the Federal Register at the 
same time as the material required by section 215(i)(2)(D) of the 
Social Security Act (42 U.S.C. 415(i)(2)(D)) is published by reason of 
a determination under section 215(i) of such Act (42 U.S.C. 415(i)).''.
    (b) Effective Date.--Subsection (d) of section 5312 of title 38, 
United States Code, as added by subsection (a) of this section, shall 
take effect on the first day of the first calendar year that begins 
after the date of the enactment of this Act.

SEC. 22. ACTION PLAN TO IMPROVE CORRELATION BETWEEN EMPLOYEE PAY AND 
              PERFORMANCE.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall, in 
consultation with the Director of the Office of Personnel Management, 
submit to Congress an action plan for improving the correlation between 
the pay, advancement, and rewards of employees of the Department of 
Veterans Affairs with their job performance, particularly with respect 
to employees who perform work in relation to processing and 
adjudicating claims for compensation under chapter 11 or 13 of title 
38, United States Code.
    (b) Elements.--The action plan required by subsection (a) shall 
include the following:
            (1) Specific objectives, planned actions, metrics for 
        measuring improvements, and methods for tracking progress.
            (2) Such legislative changes as the Secretary considers 
        necessary to enhance the capacity of the Department to improve 
        the correlation described in subsection (a).
                                                       Calendar No. 654

111th CONGRESS

  2d Session

                                S. 3517

                          [Report No. 111-354]

_______________________________________________________________________

                                 A BILL

  To amend title 38, United States Code, to improve the processing of 
    claims for disability compensation filed with the Department of 
               Veterans Affairs, and for other purposes.

_______________________________________________________________________

                           November 29, 2010

                       Reported with an amendment