[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.


_______________________________________________________________________


                   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

_______________________________________________________________________

                                 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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