[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2138 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2138

 To direct the Secretary of Veterans Affairs to resolve the backlog of 
disability claims of the Department of Veterans Affairs, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2013

Mr. McCarthy of California (for himself, Mr. Miller of Florida, and Mr. 
   Coffman) introduced the following bill; which was referred to the 
  Committee on Veterans' Affairs, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Veterans Affairs to resolve the backlog of 
disability claims of 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ending VA Claims Disability Backlog 
and Accountability Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Secretary of Veterans Affairs is statutorily 
        obligated to provide to individuals who served in the Armed 
        Forces and sustained an injury as a direct result of such 
        service with health care, disability compensation, and related 
        resources.
            (2) Disability compensation payments are intended to 
        provide relief for some of the socioeconomic and other losses 
        veterans experience as a result of service-connected diseases 
        and injuries.
            (3) A recent review by the Government Accountability Office 
        found that the backlog of disability claims at the Department 
        of Veterans Affairs has more than tripled since 2009 and the 
        average length of time to complete a claim has increased from 
        161 days in 2009 to 260 days in 2012.
            (4) In August 2012, approximately 568,043 claims or two-
        thirds of all compensation rating claims are backlogged.
            (5) The Government Accountability Office found that delays 
        in obtaining service and medical records for veterans who 
        served in the National Guard or Reserve is a significant factor 
        in lengthening the claims process for these veterans even 
        though they make up 43 percent of veterans who served during 
        the Global War on Terrorism.
            (6) The Government Accountability Office found that if a 
        veteran submits a disability claim and reports receiving 
        disability benefits from the Social Security Administration, 
        the Department of Veterans Affairs is required to help the 
        veteran obtain relevant Federal records, including medical 
        records from the Social Security Administration to process the 
        claim.
            (7) There is an interagency agreement between the 
        Department of Veterans Affairs and the Social Security 
        Administration, but the protocols of the Department and the 
        response time of the Administration can take a year before the 
        Department has obtained the requested information.
            (8) The Government Accountability Office found that 
        approximately 50 percent of claims processing staff have been 
        in their current role for less than two years and are not yet 
        proficient in their duties requiring supervision and review 
        from more experienced claims processing staff, diverting them 
        from their claims processing responsibilities.
            (9) Veterans and their families have already selflessly and 
        willingly sacrificed for our nation and faced numerous 
        hardships; they should not have to continue to face undue and 
        avoidable hardships after their service as they seek the 
        benefits they earned.
            (10) On March 24, 2013, the Secretary of Veterans Affairs 
        Eric K. Shinseki stated in an interview on State of the Union 
        television show, ``no veteran should have to wait for claims as 
        they are today. We have a fix for this. We're open for 
        business. And we will end the backlog in 2015.''.
            (11) On April 15, 2013, the Secretary, in written testimony 
        before the Committee on Veterans' Affairs of the Senate, again 
        stated that the ``VA remains focused on eliminating the 
        disability claims backlog in 2015 and processing all claims 
        within 125 days at a 98-percent accuracy level.''.
            (12) On April 19, 2013, the Secretary again stated in a New 
        York Times article titled ``V.A. Aims to Reduce Its Backlog of 
        Claims'', that the Department will ``eliminate the backlog by 
        2015.''.
            (13) Numerous congressional inquiries for progress reports 
        and detailed information regarding the disability claims 
        backlog remain unanswered, while the Secretary continues to 
        state the claims backlog will be eliminated by 2015, claims 
        processing accuracy will be increased to 98 percent, and claims 
        processing will take no longer than 125 days as a direct result 
        of the ``Strategic Plan to Eliminate the Compensation Claims 
        Backlog'' of the Department.
            (14) The Government Accountability Office found that the 
        ``Strategic Plan to Eliminate the Compensation Claims Backlog'' 
        of the Department does not adequately articulate how the 
        Department will meet its goals, and planning documents that the 
        Department provided does not meet the established criteria of 
        the Government Accountability Office for sound planning, 
        potentially leading to concerns about the ability of the 
        Department to reduce claims backlogs.

SEC. 3. TIMELINE AND METRICS TO RESOLVE BACKLOG OF DISABILITY CLAIMS.

    (a) Implementation of Strategic Plan To Eliminate the Compensation 
Claims Backlog.--The Secretary of Veterans Affairs shall implement the 
Strategic Plan to Eliminate the Compensation Claims Backlog, published 
by the Secretary on January 25, 2013, to ensure that by Memorial Day 
(May 25), 2015, each claim for disability compensation under the laws 
administered by the Secretary (in this Act referred to as a ``claim'') 
is approved or denied by not later than 125 days after the date on 
which the claim is submitted with an accuracy rate of 98 percent.
    (b) Supplemental Report.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Veterans Affairs shall 
submit to Congress a supplemental report to the Strategic Plan to 
Eliminate the Compensation Claims Backlog that includes the following:
            (1) Specific measures, procedures, and metrics to assess 
        the implementation of the plan pursuant to subsection (a).
            (2) A detailed timeline to implement each initiative 
        contained in the Strategic Plan to Eliminate the Compensation 
        Claims Backlog.

SEC. 4. EXPEDITION OF TRANSFER OF CERTAIN RECORDS.

    (a) SSA Records.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall enter 
into an agreement with the Commissioner of the Social Security 
Administration to ensure that the Commissioner transfers to the 
Secretary disability or medical records of the Commissioner that the 
Secretary will use to evaluate a claim by not later than 30 days after 
the Secretary requests such records.
    (b) DOD Records.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall enter 
into an agreement with the Secretary of Defense to ensure that the 
Secretary of Defense transfers to the Secretary of Veterans Affairs 
medical records of members or former members of the Armed Forces that 
the Secretary will use to evaluate a claim by not later than 30 days 
after the Secretary requests such records.
    (c) National Guard Records.--Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Veterans Affairs and the 
Secretary of Defense shall jointly--
            (1) submit to Congress a plan to reduce to 30 days the 
        amount of time needed to provide members of the National Guard 
        and the Secretary of Veterans Affairs with the medical records 
        of such members, including by partnering with appropriate 
        officials of Federal or State departments or agencies; and
            (2) implement such plan.

SEC. 5. CLAIMS PROCESSORS TRAINING.

    (a) Establishment.--The Secretary of Veterans Affairs shall 
establish a training program to provide newly hired claims processors 
of the Department of Veterans Affairs with training for a period of not 
less than three years. In carrying out such program, the Secretary 
shall identify successful claims processors of the Department who can 
assist in the training of newly hired claims processors.
    (b) Ability to Process Claims.--The Secretary shall carry out the 
training program established under subsection (a) without increasing 
the amount of time in which claims are processed by the Department.

SEC. 6. REPORTS BY COMPTROLLER GENERAL OF THE UNITED STATES.

    (a) Reports.--Not later than 90 days after the date of the 
enactment of this Act, and each 90-day period thereafter, the 
Comptroller General of the United States shall submit to Congress a 
report on the progress of the Secretary of Veterans Affairs in 
implementing the Strategic Plan to Eliminate the Compensation Claims 
Backlog pursuant to section 3(a).
    (b) Matters Included.--Each report under subsection (a) shall 
include the following:
            (1) Whether the Secretary is meeting the timeline of the 
        Strategic Plan to Eliminate the Compensation Claims Backlog.
            (2) An analysis of the implementation by the Secretary of 
        such plan.
            (3) Administrative or regulatory recommendations of the 
        Comptroller General with respect to improving the ability of 
        the Secretary to carry out section 3(a).
                                 <all>