[Congressional Record Volume 159, Number 65 (Thursday, May 9, 2013)]
[Senate]
[Pages S3337-S3341]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANDERS:
  S. 928. A bill to amend title 38, United States Code, to improve the 
processing of claims for compensation under laws administered by the 
Secretary of Veterans Affairs, and for other purposes; to the Committee 
on Veterans' Affairs.
  Mr. SANDERS. Mr. President, it is my belief that the inability to 
provide compensation benefits in a timely manner tarnishes the 
reputation of the Department of Veterans Affairs and overshadows much 
of the good work done there. As I have said before, I never want a 
veteran's negative experience with the claims system to prevent him or 
her from seeking mental health care or help in battling homelessness. 
That is why, today, I am introducing the Claims Processing Improvement 
Act of 2013, a bill that would help to provide veterans and their 
family members with the timely and accurate claims decisions they 
deserve.
  The fact that nearly 70 percent of claims are pending longer than the 
Department's goal of 125 days is completely unacceptable. VA knows 
this, and the Department has set ambitious goals, put forward a plan, 
and has been working hard to transform the compensation claims system. 
Despite these efforts, it is clear that much work remains to be done. 
That is why we must continue to work together to find innovative 
solutions until the claims system is transformed into one fit for the 
21st century.
  Now is the time to truly apply all of the latest technological 
advances, the insight and experience of veterans service organizations, 
the lessons learned from the wealth of studies that have already looked 
at the claims system, and the resources of the Federal Government to 
tackle this problem from all angles and to finally make real progress.
  The Claims Processing Improvement Act of 2013 is a critical part of 
the solution. This bill is a holistic approach to addressing the 
challenges of the claims system and would provide long-term reforms 
that will improve VA's claims process from start to finish--from the 
regional offices located across the nation to the Board of Veterans' 
Appeals. I would like to highlight just a few of the important 
provisions in this legislation.
  VA must do a better job of showing not only Congress, but also 
veterans and their survivors about how VA plans to accomplish the 
ambitious goal of eliminating the claims backlog by 2015. That is why 
this bill, for the first time, would require VA to publicly report on a 
quarterly basis information on both VA's quarterly goals and actual 
production. This would allow Congress and the public to see both the 
successes and failures of VA's transformation efforts, measure VA's 
progress, and allow for quicker course corrections when necessary.
  At VA regional offices across this country, employees are trying to 
adapt to a changing work environment as VA continues its transition to 
a paperless claims processing system. These employees are given credit 
for work in a manner that does not accurately reflect the realities of 
an electronic claims processing system. VA's work credit system also 
focuses almost exclusively on speed, often to the detriment of quality.
  During a hearing held by the Senate Committee on Veterans' Affairs 
earlier this year, Mr. Bart Stichman, Joint Executive Director of the 
National Veterans Legal Services Program, commented that ``VA regional 
office adjudicators prematurely decide claims--without taking the time 
to obtain and assemble the evidence necessary to properly decide a 
claim--in an effort to ensure that the average time for deciding an 
initial claim that is reported to VA managers and Congress is a low 
number of days.'' I have heard from other veterans service 
organizations about the need for a cultural change at VA. In order for 
this change to occur, employees must operate within an environment that 
accurately reflects the important tasks they are asked to accomplish 
and an environment that focuses equally on speed and quality.
  This bill would facilitate that cultural change through the 
establishment of a work group designed to reassess the way employees 
are credited for their work. The work group, tasked with providing 
solutions, would include the very employees and organizations with the 
necessary expertise to finally establish a work credit system based on 
a data driven methodology and one

[[Page S3338]]

that is updated on a consistent and predictable basis. VA employees, 
many of whom are veterans themselves, deserve nothing less.
  This bill would also address the workforce needs of VA and other 
Federal agencies with claims adjudication responsibilities. In fiscal 
year 2012, VA lost approximately 6 percent of its claims staff. This 
legislation would address employee attrition by establishing a task 
force to develop a strategic plan and initiate training to support the 
hiring of veterans in claims processing and adjudication positions 
throughout the Federal Government. This task force would simultaneously 
prepare servicemembers for the jobs that consistently need to be filled 
and create a generation of adjudicators throughout VA who can identify 
with the experiences of the population they serve.
  This bill would address concerns raised by the Disabled American 
Veterans by ensuring appropriate oversight of the disability 
examination system and encouraging the use of private medical evidence 
when appropriate. As Mr. Violante, the National Legislative Director of 
Disabled American Veterans, pointed out at a Veterans' Affairs hearing 
on the disability claims system in March, disability benefits 
questionnaires were ``designed to allow private physicians to submit 
medical evidence on behalf of veterans they treat in a format that aids 
rating specialists.'' Making better use of private medical evidence, 
and awarding appropriate work credit for doing so, would save VA 
adjudicators precious time, taxpayers the added expense, and would 
relieve veterans from the stress of excessive medical exams.
  While providing veterans with timely and accurate initial claims 
decisions has been the focus of much attention, I remain very concerned 
about the staggering number of appeals pending at the Board of 
Veterans' Appeals. According to the Report of the Chairman of the Board 
of Veterans' Appeals, there were 45,959 cases pending before the Board 
at the end of fiscal year 2012. The Chairman's Report also provided the 
average length of time between the filing of an appeal and the Board's 
disposition, which was 1,040 days in fiscal year 2012. It is 2 
unconscionable that a veteran or a family member had to wait, on 
average, nearly three years for a decision on an appeal. This bill 
contains a number of provisions that would improve efficiency at the 
Board of Veterans' Appeals.
  This legislation would expand the use of video hearings in order to 
serve more veterans, reduce an appellant's wait time for a hearing, and 
increase efficiency in issuing final decisions on appeals by reducing 
the number of travel days for employees issuing decisions. However, the 
right to an in-person hearing would be preserved should the veteran 
desire such a hearing. This bill would also streamline the appellate 
process by requiring veterans to more quickly file a notice of 
disagreement. Many veterans already take quick action but to ensure 
veterans are protected this legislation would provide a good cause 
exception in the event a notice of disagreement is not filed in a 
timely manner, such as in cases where a physical, mental, educational, 
or linguistic limitation prevented timely filing.
  These are just a few of the provisions of this bill, which would 
positively impact the claims system. This legislation is the result of 
a collective body of information and insight gathered from 
Congressional hearings, meetings with veterans service organizations 
and VA staff, correspondence from veterans, and aggressive oversight by 
the Senate Committee on Veterans' Affairs.
  The challenges of the claims system are enormously complex and there 
is no single silver bullet that will magically solve every problem. The 
Claims Processing Improvement Act of 2013 would, however, provide a 
number of the solutions necessary to ensure veterans and their family 
members receive timely and accurate benefit decisions.
  Clearly there is much work yet to be done. I ask my colleagues to 
join with me in working together to find innovative solutions until we 
have truly created a claims system fit for the 21st century. As a 
nation we have asked more of these individuals than most of us can 
comprehend. We must now honor the promise we made as a nation--to take 
care of those who have taken care of us.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 928

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Claims 
     Processing Improvement Act of 2013''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                TITLE I--AGENCY OF ORIGINAL JURISDICTION

Sec. 101. Establishment of working group to improve employee work 
              credit and work management systems of Veterans Benefits 
              Administration.
Sec. 102. Establishment of task force on retention and training of 
              Department of Veterans Affairs claims processors and 
              adjudicators.
Sec. 103. Streamlining non-Department of Veterans Affairs Federal 
              records requests.
Sec. 104. Recognition of representatives of Indian tribes in the 
              preparation, presentation, and prosecution of claims 
              under laws administered by the Secretary of Veterans 
              Affairs.
Sec. 105. Pilot program on participation of local and tribal 
              governments in improving quality of claims for disability 
              compensation submitted to Department of Veterans Affairs.
Sec. 106. Quarterly reports on progress of Department of Veterans 
              Affairs in eliminating backlog of claims for compensation 
              that have not been adjudicated.

TITLE II--BOARD OF VETERANS' APPEALS AND COURT OF APPEALS FOR VETERANS 
                                 CLAIMS

Sec. 201. Modification of filing period for notice of disagreement to 
              initiate appellate review of decisions of Department of 
              Veterans Affairs.
Sec. 202. Determination of manner of appearance for hearings before 
              Board of Veterans' Appeals.
Sec. 203. Disclosure of certain medical records in appellate 
              proceedings in certain courts.

                        TITLE III--OTHER MATTERS

Sec. 301. Extension of authority for operations of Manila Department of 
              Veterans Affairs Regional Office.
Sec. 302. Extended period for scheduling of medical exams for veterans 
              receiving temporary disability ratings for severe mental 
              disorder.
Sec. 303. Extension of marriage delimiting date for surviving spouses 
              of Persian Gulf War veterans to qualify for death 
              pension.
Sec. 304. Making effective date provision consistent with provision for 
              benefits eligibility of a veteran's child based upon 
              termination of remarriage by annulment.
Sec. 305. Extension of temporary authority for performance of medical 
              disabilities examinations by contract physicians.

                TITLE I--AGENCY OF ORIGINAL JURISDICTION

     SEC. 101. ESTABLISHMENT OF WORKING GROUP TO IMPROVE EMPLOYEE 
                   WORK CREDIT AND WORK MANAGEMENT SYSTEMS OF 
                   VETERANS BENEFITS ADMINISTRATION.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall establish a working group to assess and develop 
     recommendations for the improvement of the employee work 
     credit and work management systems of the Veterans Benefits 
     Administration.
       (b) Composition.--The working group shall be composed of 
     the following:
       (1) The Secretary or the Secretary's designee.
       (2) Individuals selected by the Secretary from among 
     employees of the Department of Veterans Affairs who--
       (A) handle claims for compensation and pension benefits; 
     and
       (B) are recommended to the Secretary by a labor 
     organization for purposes of this section.
       (3) Not fewer than three individuals selected by the 
     Secretary to represent different organizations recognized by 
     the Secretary for the representation of veterans under 
     section 5902 of title 38, United States Code.
       (c) Duties.--The duties of the working group are as 
     follows:
       (1) To assess and develop recommendations for the 
     improvement of the employee work credit and work management 
     systems of the Veterans Benefits Administration.

[[Page S3339]]

       (2) To develop a data based methodology to be used in 
     revising the employee work credit system of the Department 
     and a schedule by which revisions to such system should be 
     made.
       (3) To assess and develop recommendations for improvement 
     of the resource allocation model of the Veterans Benefits 
     Administration.
       (d) Review and Incorporation of Findings From Prior 
     Study.--In carrying out its duties under subsection (c), the 
     working group shall review the findings and conclusions of 
     the Secretary regarding previous studies of the employee work 
     credit and work management systems of the Veterans Benefits 
     Administration.
       (e) Reports.--
       (1) Interim report.--Not later than 180 days after the date 
     of the establishment of the working group, the working group 
     shall submit to Congress a report on the progress of the 
     working group.
       (2) Final report.--Not later than one year after the date 
     of the establishment of the working group, the working group 
     shall submit to Congress the methodology and schedule 
     developed under subsection (c)(2).
       (f) Implementation of Methodology and Schedule.--After 
     submitting the report under subsection (e), the Secretary 
     shall take such actions as may be necessary to apply the 
     methodology developed under subsection (c)(2) and apply such 
     methodology according to the schedule developed under such 
     subsection.

     SEC. 102. ESTABLISHMENT OF TASK FORCE ON RETENTION AND 
                   TRAINING OF DEPARTMENT OF VETERANS AFFAIRS 
                   CLAIMS PROCESSORS AND ADJUDICATORS.

       (a) Establishment.--The Secretary of Veterans Affairs shall 
     establish a task force to assess retention and training of 
     claims processors and adjudicators that are employed by the 
     Department of Veterans Affairs and other Federal agencies and 
     departments.
       (b) Composition.--The task force shall be composed of the 
     following:
       (1) The Secretary of Veterans Affairs.
       (2) The Director of the Office of Personnel Management.
       (3) The Commissioner of Social Security.
       (4) An individual selected by the Secretary of Veterans 
     Affairs who represents an organization recognized by the 
     Secretary for the representation of veterans under section 
     5902 of title 38, United States Code.
       (5) Such other individuals selected by the Secretary who 
     represent such other organizations and institutions as the 
     Secretary considers appropriate.
       (c) Duration.--The task force established under subsection 
     (a) shall terminate not later than two years after the date 
     on which the task force is establish under such subsection.
       (d) Duties.--The duties of the task force are as follows:
       (1) To identify key skills required by claims processors 
     and adjudicators to perform the duties of claims processors 
     and adjudicators in the various claims processing and 
     adjudication positions throughout the Federal Government.
       (2) To identify reasons for employee attrition from claims 
     processing positions.
       (3) Not later than one year after the date of the 
     establishment of the task force, to develop a Government-wide 
     strategic and operational plan for promoting employment of 
     veterans in claims processing positions in the Federal 
     Government.
       (4) To coordinate with educational institutions to develop 
     training and programs of education for members of the Armed 
     Forces to prepare such members for employment in claims 
     processing and adjudication positions in the Federal 
     Government.
       (5) To identify and coordinate offices of the Department of 
     Defense and the Department of Veterans Affairs located 
     throughout the United States to provide information about, 
     and promotion of, available claims processing positions to 
     members of the Armed Forces transitioning to civilian life 
     and to veterans with disabilities.
       (6) To establish performance measures to assess the plan 
     developed under paragraph (3), to assess the implementation 
     of such plan, and revise such plan as the task force 
     considers appropriate.
       (7) To establish performance measures to evaluate the 
     effectiveness of the task force.
       (e) Reports.--
       (1) Submittal of plan.--Not later than one year after the 
     date of the establishment of the task force, the Secretary of 
     Veterans Affairs shall submit to Congress a report on the 
     plan developed by the task force under subsection (d)(3).
       (2) Assessment of implementation.--Not later than 120 days 
     after the termination of the task force, the Secretary shall 
     submit to Congress a report that assesses the implementation 
     of the plan developed by the task force under subsection 
     (d)(3).

     SEC. 103. STREAMLINING NON-DEPARTMENT OF VETERANS AFFAIRS 
                   FEDERAL RECORDS REQUESTS.

       (a) In General.--Paragraph (2) of section 5103A(c) of title 
     38, United States Code, is amended to read as follows:
       ``(2)(A) Whenever the Secretary attempts to obtain records 
     from a Federal department or agency, other than the 
     Department, under this subsection, the Secretary shall make 
     not fewer than two attempts to obtain the records, unless the 
     records are obtained or the response to the first request 
     makes evident that a second request for such records would be 
     futile.
       ``(B) The notification requirements under subsection (b)(2) 
     of this section shall apply if the Secretary is unable to 
     obtain all of the records sought from a Federal department or 
     agency other than the Department.''.
       (b) Subsequent Attainment of Records.--Such section is 
     further amended by adding at the end the following new 
     paragraph:
       ``(3) If, after adjudicating a claim for a benefit under a 
     law administered by the Secretary, the Secretary receives a 
     record relevant to such claim (or associates with the file 
     for such claim a record) that the Secretary requested from a 
     Federal department or agency before the adjudication, the 
     record received (or associated) shall be deemed to have been 
     in the file for such claim as of the date of the original 
     filing of the claim for such benefit.''.
       (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 
     any claim that--
       (1) is filed on or after the date that is 180 days after 
     the date of the enactment of this Act; or
       (2) was filed before the date of the enactment of this Act 
     and was not final as of such date.

     SEC. 104. RECOGNITION OF REPRESENTATIVES OF INDIAN TRIBES IN 
                   THE PREPARATION, PRESENTATION, AND PROSECUTION 
                   OF CLAIMS UNDER LAWS ADMINISTERED BY THE 
                   SECRETARY OF VETERANS AFFAIRS.

       Section 5902(a)(1) of title 38, United States Code, is 
     amended by inserting ``Indian tribes (as defined in section 4 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b))'' after ``Foreign Wars,''.

     SEC. 105. 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 and pension under 
     chapter 15 of title 38, United States Code; and
       (2) to provide assistance to veterans who may be eligible 
     for such compensation or pension 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--
       (1) two tribal organizations; and
       (2) 10 State or local governments.
       (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.

     SEC. 106. QUARTERLY REPORTS ON PROGRESS OF DEPARTMENT OF 
                   VETERANS AFFAIRS IN ELIMINATING BACKLOG OF 
                   CLAIMS FOR COMPENSATION THAT HAVE NOT BEEN 
                   ADJUDICATED.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act and not less frequently than 
     quarterly thereafter through calendar year 2015, the 
     Secretary of Veterans Affairs shall submit to the Committee 
     on Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a report on 
     the backlog of claims filed with the Department of Veterans 
     Affairs for compensation that have not been adjudicated by 
     the Department.
       (b) Contents.--Each report submitted under subsection (a) 
     shall include the following:
       (1) For each month through calendar year 2015, a projection 
     of the following:
       (A) The number of claims completed.
       (B) The number of claims received.
       (C) The number of claims backlogged at the end of the 
     month.
       (D) The number of claims pending at the end of the month.
       (E) A description of the status of the implementation of 
     initiatives carried out by the Secretary to address the 
     backlog.
       (2) For each quarter through calendar year 2015, a 
     projection of the average accuracy of disability 
     determinations for compensation claims that require a 
     disability rating (or disability decision).
       (3) For each month during the most recently completed 
     quarter, the following:
       (A) The number of claims completed.
       (B) The number of claims received.
       (C) The number of claims backlogged at the end of the 
     month.
       (D) The number of claims pending at the end of the month.
       (E) A description of the status of the implementation of 
     initiatives carried out by the Secretary to address the 
     backlog.
       (4) For the most recently completed quarter, an assessment 
     of the accuracy of disability determinations for compensation 
     claims that require a disability rating (or disability 
     decision).
       (c) Availability to Public.--The Secretary shall make each 
     report submitted under subsection (a) available to the 
     public.
       (d) Definitions.--In this section:
       (1) Backlogged.--The term ``backlogged'', with respect to a 
     claim for compensation received by the Secretary, means a 
     claim that has been pending for more than 125 days.

[[Page S3340]]

       (2) Pending.--The term ``pending'', with respect to a claim 
     for compensation received by the Secretary, means a claim 
     that has not been adjudicated by the Secretary.

TITLE II--BOARD OF VETERANS' APPEALS AND COURT OF APPEALS FOR VETERANS 
                                 CLAIMS

     SEC. 201. 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 because of 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 13, 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 apply with respect to claims for compensation and 
     benefits under laws administered by the Secretary of Veterans 
     Affairs filed with the Secretary after the date of the 
     enactment of this Act.

     SEC. 202. DETERMINATION OF MANNER OF APPEARANCE FOR HEARINGS 
                   BEFORE BOARD OF VETERANS' APPEALS.

       (a) In General.--Section 7107 of title 38, United States 
     Code, is amended--
       (1) by redesignating subsection (f) as subsection (g);
       (2) in subsection (a)(1), by striking ``in subsection (f)'' 
     and inserting ``in subsection (g)''; and
       (3) by striking subsections (d) and (e) and inserting the 
     following new subsections:
       ``(d)(1) Except as provided in paragraph (2), a hearing 
     before the Board shall be conducted through picture and voice 
     transmission, by electronic or other means, in such a manner 
     that the appellant is not present in the same location as the 
     members of the Board during the hearing.
       ``(2)(A) A hearing before the Board shall be conducted in 
     person upon the request of an appellant.
       ``(B) In the absence of a request under subparagraph (A), a 
     hearing before the Board may also be conducted in person as 
     the Board considers appropriate.
       ``(e)(1) In a case in which a hearing before the Board is 
     to be held as described in subsection (d)(1), the Secretary 
     shall provide suitable facilities and equipment to the Board 
     or other components of the Department to enable an appellant 
     located at an appropriate facility within the area served by 
     a regional office to participate as so described.
       ``(2) Any hearing conducted as described in subsection 
     (d)(1) shall be conducted in the same manner as, and shall be 
     considered the equivalent of, a personal hearing.
       ``(f)(1) In a case in which a hearing before the Board is 
     to be held as described in subsection (d)(2), the appellant 
     may request that the hearing be held at the principal 
     location of the Board or at a facility of the Department 
     located within the area served by a regional office of the 
     Department.
       ``(2) A hearing to be held within an area served by a 
     regional office of the Department shall (except as provided 
     in paragraph (3)) be scheduled to be held in accordance with 
     the place of the case on the docket under subsection (a) 
     relative to other cases on the docket for which hearings are 
     scheduled to be held within that area.
       ``(3) A hearing to be held within an area served by a 
     regional office of the Department may, for cause shown, be 
     advanced on motion for an earlier hearing. Any such motion 
     shall set forth succinctly the grounds upon which the motion 
     is based. Such a motion may be granted only--
       ``(A) if the case involves interpretation of law of general 
     application affecting other claims;
       ``(B) if the appellant is seriously ill or is under severe 
     financial hardship; or
       ``(C) for other sufficient cause shown.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to cases received by the Board of 
     Veterans' Appeals pursuant to notices of disagreement 
     submitted on or after the date of the enactment of this Act.

     SEC. 203. DISCLOSURE OF CERTAIN MEDICAL RECORDS IN APPELLATE 
                   PROCEEDINGS IN CERTAIN COURTS.

       Section 7332(b)(2) of title 38, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (E) through (G) as 
     subparagraphs (F) through (H), respectively; and
       (2) by inserting after subparagraph (D) the following new 
     subparagraph (E):
       ``(E) To the Supreme Court of the United States, the United 
     States Court of Appeals for the Federal Circuit, or the 
     United States Court of Appeals for Veterans Claims, and all 
     parties of record, in a case that is appealed to such court 
     and such records are included in the record on appeal. Upon 
     disclosure of such records, the court concerned shall impose 
     appropriate safeguards against unauthorized disclosure that 
     are consistent with the provisions of section 7268 of this 
     title.''.

                        TITLE III--OTHER MATTERS

     SEC. 301. EXTENSION OF AUTHORITY FOR OPERATIONS OF MANILA 
                   DEPARTMENT OF VETERANS AFFAIRS REGIONAL OFFICE.

       Section 315(b) of title 38, United States Code, is amended 
     by striking ``December 31, 2013'' and inserting ``December 
     31, 2014''.

     SEC. 302. EXTENDED PERIOD FOR SCHEDULING OF MEDICAL EXAMS FOR 
                   VETERANS RECEIVING TEMPORARY DISABILITY RATINGS 
                   FOR SEVERE MENTAL DISORDER.

       Section 1156(a)(3) of title 38, United States Code, is 
     amended by striking ``six months'' and inserting ``540 
     days''.

     SEC. 303. EXTENSION OF MARRIAGE DELIMITING DATE FOR SURVIVING 
                   SPOUSES OF PERSIAN GULF WAR VETERANS TO QUALIFY 
                   FOR DEATH PENSION.

       Section 1541(f)(1)(E) of title 38, United States Code, is 
     amended by striking ``January 1, 2011'' and inserting ``the 
     date that is 10 years and one day after the date on which the 
     Persian Gulf War was terminated, as prescribed by 
     Presidential proclamation or by law''.

     SEC. 304. MAKING EFFECTIVE DATE PROVISION CONSISTENT WITH 
                   PROVISION FOR BENEFITS ELIGIBILITY OF A 
                   VETERAN'S CHILD BASED UPON TERMINATION OF 
                   REMARRIAGE BY ANNULMENT.

       Section 5110(l) of title 38, United States Code, is amended 
     by striking ``, or of an award or increase of benefits based 
     on recognition of a child upon termination of the child's 
     marriage by death or divorce,''.

     SEC. 305. EXTENSION OF TEMPORARY AUTHORITY FOR PERFORMANCE OF 
                   MEDICAL DISABILITIES EXAMINATIONS BY CONTRACT 
                   PHYSICIANS.

       (a) In General.--Section 704(c) of the Veterans Benefits 
     Act of 2003 (Public Law 108-183; 38 U.S.C. 5101 note) is 
     amended by striking ``December 31, 2013'' and inserting 
     ``December 31, 2014''.
       (b) Report on Disability Medical Examinations Furnished by 
     Department of Veterans Affairs.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the furnishing of general medical 
     and specialty medical examinations by the Department of 
     Veterans Affairs for purposes of adjudicating claims for 
     benefits under laws administered by the Secretary.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include the following:
       (A) The number of general medical examinations furnished by 
     the Department during the period of fiscal years 2009 through 
     2012 for purposes of adjudicating claims for benefits under 
     laws administered by the Secretary.
       (B) The number of general medical examinations furnished by 
     the Department during the period of fiscal years 2009 through 
     2012 for purposes of adjudicating a claim in which a 
     comprehensive joint examination was conducted, but for which 
     no disability relating to a joint, bone, or muscle had been 
     asserted as an issue in the claim.
       (C) The number of specialty medical examinations furnished 
     by the Department during the period of fiscal years 2009 
     through 2012 for purposes of adjudicating a claim.
       (D) The number of specialty medical examinations furnished 
     by the Department during the period of fiscal years 2009 
     through 2012 for purposes of adjudicating a claim in which 
     one or more joint examinations were conducted.
       (E) A summary (including citations of) any medical and 
     scientific studies which provide a scientific basis for 
     determining that three repetitions is adequate to determine 
     the effect of repetitive use on functional impairments.
       (F) The names of all examination reports, including general 
     medical examinations and Disability Benefits Questionnaires, 
     used for evaluation of compensation and pension disability 
     claims which require measurement of

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     repeated ranges of motion testing and the number of 
     examinations requiring such measurements which were conducted 
     in fiscal year 2012.
       (G) The average amount of time taken by an individual 
     conducting a medical examination to perform the three 
     repetitions.
       (H) A discussion of whether there are more efficient and 
     effective scientifically reliable methods of testing for 
     functional loss on repetitive use of an extremity other than 
     the three time repetition currently used by the Department.
       (I) Recommendations as to the continuation of the practice 
     of measuring functional impairment by using three repetitions 
     during the examination as a criteria for evaluating the 
     effect of repetitive motion on functional impairment with 
     supporting rationale.
       (c) Report on Progress of Acceptable Clinical Evidence 
     Initiative.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report on the progress of the Acceptable 
     Clinical Evidence initiative of the Department of Veterans 
     Affairs in reducing the necessity for in-person disability 
     examinations and other efforts to comply with the provisions 
     of section 5125 of title 38, United States Code.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) The number of claims eligible for the Acceptable 
     Clinical Evidence initiative during the period beginning on 
     the date of the initiation of the initiative and ending on 
     the date of the enactment of this Act, disaggregated by 
     fiscal year.
       (B) The total number of claims eligible for the Acceptable 
     Clinical Evidence initiative that required a medical examiner 
     of the Department to supplement the evidence with information 
     obtained during a telephone interview with a claimant.
       (C) Information on any other initiatives or efforts of the 
     Department to further encourage the use of private medical 
     evidence and reliance upon reports of a medical examination 
     administered by a private physician if the report is 
     sufficiently complete to be adequate for the purposes of 
     adjudicating a claim.
                                 ______