II Calendar No. 654 111th CONGRESS 2d Session S. 3517 [Report No. 111–354] 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.

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. TITLE I—Rating of service-connected disabilities matters Sec. 101. Pilot program on evaluation and rating of service-connected disabilities of the musculoskeletal system. TITLE II—Adjudication and appeal matters Sec. 201. Partial adjudication of claims for disability compensation consisting of multiple issues one or more of which can be quickly adjudicated. 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. Sec. 203. Equal deference to private medical opinions in assessing claims for disability compensation. Sec. 204. Improvements to disability compensation claim review process. 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. Sec. 206. Modification of filing period for notice of disagreement to initiate appellate review of decisions of Department of Veterans Affairs. Sec. 207. Modification of substantive appeal process. Sec. 208. Provision of post-notice of disagreement decisions to claimants who file notice of disagreements. Sec. 209. Automatic waiver of agency of original jurisdiction review of new evidence. Sec. 210. Authority for Board of Veterans' Appeals to determine location and manner of appearance for hearings. Sec. 211. Decision by Court of Appeals for Veterans Claims on all issues raised by appellants. Sec. 212. Good cause extension of period for filing notice of appeal with United States Court of Appeals for Veterans Claims. 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.

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.

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.

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.

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.

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:

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.

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:

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:

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.

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. .

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.

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.

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. .

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. .

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.

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.

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.

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.

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.

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. .

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.

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.

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.

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.

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).

November 29, 2010 Reported with an amendment