[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3761 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3761
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to provide veterans service organizations and
recognized agents and attorneys opportunities to review Department of
Veterans Affairs disability rating determinations before they are
finalized, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
May 19, 2020
Mr. Tester (for himself, Mr. Blumenthal, Mr. Manchin, Ms. Hirono, Mrs.
Shaheen, and Ms. Hassan) introduced the following bill; which was read
twice and referred to the Committee on Veterans' Affairs
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A BILL
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to provide veterans service organizations and
recognized agents and attorneys opportunities to review Department of
Veterans Affairs disability rating determinations before they are
finalized, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Claim Transparency Act of
2020''.
SEC. 2. OPPORTUNITY FOR VETERANS SERVICE ORGANIZATIONS AND RECOGNIZED
AGENTS AND ATTORNEYS TO REVIEW DEPARTMENT OF VETERANS
AFFAIRS DISABILITY RATING DETERMINATIONS BEFORE THEY ARE
FINALIZED.
(a) In General.--Chapter 11 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 1164. Opportunity for veterans service organizations, agents,
and attorneys to review disability rating determinations
before finalization
``(a) In General.--Before the Secretary finalizes a determination
of a rating of the disability of a person for purposes of this chapter,
the Secretary shall provide an opportunity to review such determination
to each (representative of record of the person)/(representative of the
person designated by the person for purposes of this section).
``(b) Representatives.--For purposes of this section, a
representative of a person is--
``(1) a representative of the person who is recognized
under section 5902 of this title; or
``(2) an agent or attorney of the person who is recognized
under section 5904 of this title.
``(c) Notice.--(1) For each determination that the Secretary is
required under subsection (a) to provide an opportunity to a
representative to review such determination, the Secretary shall notify
such representative when such determination is ready to be reviewed
under such subsection.
``(2) Notice regarding a determination shall be submitted under
paragraph (1) not later than 48 hours before the Secretary finalizes
the determination.
``(d) Period for Review.--Each opportunity to review a
determination under subsection (a) for a representative of a person
shall be for a period--
``(1) beginning at the moment that notice is submitted for
such determination under subsection (c) to such representative;
and
``(2) ending on the earlier of--
``(A) the moment that the representative indicates
that the person has no dispute with the determination
or the person no longer has any dispute with the
determination; or
``(B) the moment that is 48 hours after the moment
described in paragraph (1).
``(e) Limitation.--The Secretary may not finalize a determination
that is subject to a period of review under this section until after
the period for review of such determination set forth under subsection
(d).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of such title is amended by inserting after the item
relating to section 1163 the following new item:
``1164. Opportunity for veterans service organizations, agents, and
attorneys to review disability rating
determinations before finalization.''.
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