118 HR 7919 IH: Veterans Claims Quality Improvement Act of 2024
U.S. House of Representatives
2024-04-10
text/xml
EN
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I
118th CONGRESS
2d Session
H. R. 7919
IN THE HOUSE OF REPRESENTATIVES
April 10, 2024
Mr. Luttrell (for himself, Ms. Stefanik, and Mr. Bilirakis) introduced the following bill; which was referred to the Committee on Veterans' Affairs
A BILL
To amend title 38, United States Code, to provide for certain revisions to the manual of the Veterans Benefits Administration and to improve the quality of the adjudication of claims for benefits under the laws administered by the Secretary of Veterans Affairs, and for other purposes.
1.

Short title
This Act may be cited as the “Veterans Claims Quality Improvement Act of 2024”.
2.

Review of certain revisions to manuals of Veterans Benefits Administration required; training program for certain employees of Department of Veterans Affairs
(a)

In general
Section 311 of title 38, United States Code, is amended—
(1)
by striking “There is in the Department” and inserting “(a) In general.—There is in the Department”; and
(2)
by adding at the end the following new subsections:
“(b)

Review of revisions to certain manuals
With respect to any revisions to the manuals of the Veterans Benefits Administration for the adjudication of a claim for benefits under the laws administered by the Secretary that would have a material effect on such adjudication, the General Counsel shall review such revision.
(c)

Program for training
The General Counsel shall develop and carry out a program to provide employees of the Veterans Benefits Administration who are responsible for drafting rules, guidance, or other issuances of the Veterans Benefits Administration training on such rules, guidance, or other issuances that—
(1)
would have a material effect on the adjudication of a claim for benefits under the laws administered by the Secretary; or
(2)
require review by the General Counsel.”.
(b)

Study and report on certain OGC opinions
(1)

Study
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the General Counsel of the Department of Veterans Affairs and the Chairman of the Board of Veterans’ Appeals, shall complete a study to identify issues about which an opinion from the General Counsel of the Department would foster consistency in the decisions of the Secretary with respect to claims for benefits under the laws administered by the Secretary.
(2)

Report
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives a report that contains the findings of the study required by paragraph (1).
3.

Improvements to system for adjudication of claims for benefits under laws administered by Secretary of Veterans Affairs
(a)

Program for quality assurance in decisions of Board of Veterans’ Appeals; performance reviews
(1)

In general
Section 7101 of title 38, United States Code, is amended by adding at the end the following new subsection:
“(f)
(1)
The Chairman shall carry out a program to ensure quality in the decisions of the Board. Under such program, the Chairman shall—
(A)
develop policies and procedures for—
(i)
measuring quality in such decisions;
(ii)
maintaining data on—
(I)
errors in such decisions; and
(II)
errors in decisions remanded or returned to the Board by the Court of Appeals for Veterans Claims; and
(iii)
ensuring any such decision of the Board to remand a claim for a benefit under a law administered by the Secretary is necessary under any applicable law or regulation;
(B)
with respect to a claim for such a benefit that is remanded to the Board by the Court of Appeals for Veterans Claims—
(i)
inform any employee of the Board responsible for drafting the decision of the Board with respect to such claim that such decision was remanded;
(ii)
provide any such employee with a copy of the relevant order of the Court of Appeals for Veterans Claims (including a copy of any accompanying joint motion for remand); and
(iii)
provide incentives to such employees to review such relevant orders and joint motions for remand; and
(C)
ensure, to the maximum extent practicable, that any error identified by the Board under such program is corrected before the date on which the Board issues the final decision associated with such error.
(2)
The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by this subsection that includes, with respect to the period covered by the report, an identification of—
(A)
elements, if any of the process of the Board for reviewing an appeal under this chapter that lead to errors in decisions of the Board; and
(B)
the most common reasons that a claim for a benefit under a law administered by the Secretary was remanded to such Board by the Court of Appeals for Veterans Claims.”.
(2)

Deadline
The Secretary shall submit the first report required by paragraph (2) of such section (as added by paragraph (1)) by not later than one year after the date of the enactment of this Act.
(b)

Training program for certain employees of Board of Veterans’ Appeals; performance reviews
(1)

Training program
(A)

In general
Chapter 71 of such title (as amended by subsection (a)) is further amended by inserting after section 7101A the following new section:
“7101B.

Training program for Members of Board on timely and correct adjudication of appeals
(a)

In general
The Secretary, in conjunction with the Chairman of the Board of Veterans’ Appeals, shall develop and carry out a program to provide Members of the Board training on timely and correct adjudication of appeals under this chapter.
(b)

Required considerations
In carrying out the program required by subsection (a), the Secretary shall consider the following:
(1)
Feedback, if any, from members of the Board and covered employees with respect to such program.
(2)
Data on errors in decisions of the Board maintained pursuant to the program for quality assurance required by subsection (f) of section 7101 of this title.
(3)
Any decision of the Court of Appeals for Veterans Claims to remand a claim for benefits under the laws administered by the Secretary to the Board for further action, including a joint motion to remand such claim.
(c)

Report
The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by subsection (a) that includes a statement of the topics of training provided pursuant to this section, disaggregated by—
(1)
mandatory training; and
(2)
non-mandatory training.
(d)

Covered employee defined
In this section, the term “covered employee” means an employee of the Board who is—
(1)
not a member of the Board; and
(2)
responsible for drafting decisions of the Board.”.
(B)

Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7101A the following new item:
“7101B. Training program for Members of Board on timely and correct adjudication of appeals.”.
(2)

Performance reviews of Members of the Board
Section 7101A of such title (as amended by paragraph (1)) is amended—
(A)
in subparagraph (B) of subsection (c)(1) by striking “not less often than once every three years” and inserting “not less often than annually”; and
(B)
by adding at the end the following new subsection:
“(h)
(1)
With respect to any performance review of a covered employee, the Secretary may not consider the timeliness or quality of work of any Member of the Board.
(2)
In this section, the term “covered employee” has the meaning given such term in section 7101B of this title.” .
(c)

Decisions of Board To remand
(1)

Information relating to decisions to remand
Section 7104 of such title is amended in subsection (d)—
(A)
by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respsectively; and
(B)
by inserting before paragraph (2) (as so redesignated), the following new paragraph:
“(1)
with respect to a claim that the Board remands for further action, a statement of the specific reasons such claim was remanded, including any failure on the part of the Secretary to comply with—
(A)
the Secretary’s duty to assist under section 5103A of this title; and
(B)
the Secretary’s duty to notify under section 5103 of this title.”.
(2)

Notice of remanded decision for certain employees
Such section is further amended in—
(A)
subsection (e)—
(i)
by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;
(ii)
by striking “After” and inserting “(1) After”; and
(iii)
by adding at the end the following new paragraph:
“(2)
If, pursuant to a decision on an appeal, the Board remands a claim for a benefit under a law administered by the Secretary for further action, the Secretary shall, to the maximum extent practicable, issue a copy of such decision to each employee of the Veterans Benefits Administration who committed the error resulting in the decision of the Board to remand, when applicable.”; and
(B)
in subsection (f), by striking “under subsection (e)” and inserting “under paragraph (1) of subsection (e)”.
(d)

Annual reports for Board of Veterans’ Appeals
(1)

In general
Chapter 71 of such title 38, United States Code, is amended by inserting after section 7113 the following new section:
“7114.

Annual reports on Board of Veterans’ Appeals
(a)

Report on reasons for remands
The Chairman of the Board shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes, for each decision of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further adjudication during the period covered by the report, a statement of the reasons for such decision of the Board, disaggregated by decisions on—
(1)
claims with a relevant decision dated on or after February 19, 2019; and
(2)
claims with a relevant decision dated before such date.
(b)

Report on unnecessary remands
The Secretary, in consultation with the Chairman of the Board and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall submit to Congress an annual report that includes a statement of the number of decisions of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further action that the Secretary determines were unnecessary during the period covered by the report.”.
(2)

Deadlines
The Secretary shall submit the first reports required by subsections (a) and (b) of section 7114 of title 38, United States Code (as added by paragraph (1)) by not later than one year after the date of the enactment of this Act.
(e)

Plan for improvements to quality in decisions of Board
(1)

In general
Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Chairman of the Board of Veterans’ Appeals and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall develop a plan to—
(A)
improve the quality of decisions of the Board to remand, pursuant to section 7104 of title 38, United States Code, claims for a benefit under a law administered by the Secretary to the Secretary for further action; and
(B)
mitigate the number of such decisions that are unnecessary under any applicable law or regulation.
(2)

Report
The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on such plan by not later than six months after the date of the enactment of this Act.