[Congressional Record (Bound Edition), Volume 154 (2008), Part 12]
[House]
[Pages 16878-16885]
[From the U.S. Government Publishing Office, www.gpo.gov]




     VETERANS DISABILITY BENEFITS CLAIMS MODERNIZATION ACT OF 2008

  Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5892) to amend title 38, United States Code, to direct the 
Secretary of Veterans Affairs to modernize the disability benefits 
claims processing system of the Department of Veterans Affairs to 
ensure the accurate and timely delivery of compensation to veterans and 
their families and survivors, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5892

       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 ``Veterans 
     Disability Benefits Claims Modernization Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

 TITLE I--MATTERS RELATING TO MODERNIZING THE DISABILITY COMPENSATION 
                SYSTEM OF DEPARTMENT OF VETERANS AFFAIRS

Sec. 101. Office of Survivors Assistance.
Sec. 102. Study on readjustment of schedule for rating disabilities.
Sec. 103. Study on employee work credit system of Veterans Benefits 
              Administration.
Sec. 104. Study on work management system.
Sec. 105. Certification and training of employees of Veterans Benefits 
              Administration responsible for processing claims.
Sec. 106. Annual assessment of quality assurance program.
Sec. 107. Expedited treatment of fully developed claims and requirement 
              for checklist to be provided to individuals submitting 
              incomplete claims.
Sec. 108. Study and report on employing medical professionals to assist 
              employees of Veterans Benefits Administration.
Sec. 109. Assignment of partial disability ratings to qualifying 
              veterans.
Sec. 110. Review and enhancement of use of information technology at 
              Veterans Benefits Administration.
Sec. 111. Treatment of claims upon death of claimant.

   TITLE II--MATTERS RELATING TO UNITED STATES COURT OF APPEALS FOR 
                            VETERANS CLAIMS

Sec. 201. Annual reports on workload of United States Court of Appeals 
              for Veterans Claims.
Sec. 202. Modification of jurisdiction and finality of decisions of 
              United States Court of Appeals for Veterans Claims.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) At the end of fiscal year 2007, there were nearly 
     24,000,000 veterans in America.
       (2) According to the latest Annual Report from the Veterans 
     Benefits Administration, there were 3,582,255 veterans and 
     survivors receiving compensation and pension benefits under 
     laws administered by the Secretary of Veterans Affairs at the 
     end of fiscal year 2006.
       (3) The number of veterans and survivors at the end of 
     fiscal year 2006 included 2,725,824 veterans receiving 
     service-connected disability benefits, 325,939 survivors 
     receiving service-connected death benefits, 329,856 veterans 
     receiving non-service-connected disability benefits, and 
     200,636 survivors receiving non-service-connected death 
     benefits.
       (4) During fiscal year 2006, almost 250,000 beneficiaries 
     began receiving benefits with 162,805 of these being veterans 
     whose compensation claims were granted.
       (5) Since October 7, 2001, the number of claims for new or 
     increased benefits has risen sharply, exceeding 838,000 in 
     2007.
       (6) The Department of Veterans Affairs projects that the 
     number of claims will surpass 1,000,000 by the end of fiscal 
     year 2008.
       (7) The number of disability compensation claims pending 
     before the Department stands at nearly 630,000, as of the 
     date of the enactment of this Act, about a quarter of which 
     have been backlogged for over six months.
       (8) Processing times have increased from an average of 177 
     days in 2006 to 183 days in 2007.
       (9) The paper-based, labor-intensive process employed by 
     the Department leaves many disabled veterans and survivors 
     waiting months or years to receive the benefits they have 
     earned.
       (10) The most prevalent disabilities among veterans that 
     are service-connected are auditory, with almost 840,000 
     veterans receiving compensation for such a disability, 
     followed by musculoskeletal disabilities and arthritis.
       (11) Post-traumatic stress disorder is the sixth most 
     common disability, with more than 269,399 service-connected 
     veterans.
       (12) In 2006, the Veterans Health Administration treated 
     345,713 veterans with post-traumatic stress disorder, which 
     was an increase of 27,099 over 2005.
       (13) By January 2008, of the 1,600,000 veterans who served 
     in the Armed Forces after October 7, 2001, the Veterans 
     Health Administration had treated 59,838 for post-traumatic 
     stress disorder.
       (14) Disabilities are evaluated in accordance with the 
     Department of Veterans Affairs Schedule for Rating 
     Disabilities (referred to in this section as the ``VASRD'') 
     under title 38, United States Code of Federal Regulations, 
     part 4.
       (15) This schedule was originally created in 1917 and was 
     last comprehensively revised in 1945.
       (16) The VASRD contains many outdated and archaic criteria 
     and lacks more commonly accepted medical practices and 
     procedures.
       (17) Studies conducted by the Institute of Medicine found 
     it to be an inadequate instrument for compensating 
     disabilities for the average impairments of earning capacity, 
     especially in areas of mental health, unemployability, and 
     for younger and severely injured veterans, and recommended it 
     be revised using more modern medical concepts.
       (18) The Department of Veterans Affairs must modernize the 
     claims processing system of the Veterans Benefits 
     Administration to make it a first-class, veteran-centered 
     system that uses 21st century technologies and paradigms and 
     reflects the dignity and sacrifices made by disabled 
     veterans, their families, and survivors.

 TITLE I--MATTERS RELATING TO MODERNIZING THE DISABILITY COMPENSATION 
                SYSTEM OF DEPARTMENT OF VETERANS AFFAIRS

     SEC. 101. OFFICE OF SURVIVORS ASSISTANCE.

       (a) In General.--Chapter 3 of title 38, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 321. Office of Survivors Assistance

       ``(a) Establishment.--The Secretary shall establish in the 
     Veterans Benefits Administration an Office of Survivors 
     Assistance (in this section referred to as the `Office') to 
     provide direct assistance regarding all benefits and services 
     delivered by the Department--
       ``(1) to survivors and dependents of all deceased veterans; 
     and
       ``(2) to survivors and dependents of all deceased members 
     of the Armed Forces.
       ``(b) Duties.--The Office shall--
       ``(1) be responsible for ensuring that--
       ``(A) survivors and dependents of deceased veterans and 
     deceased members of the Armed Forces have access to 
     applicable benefits and services under this title;

[[Page 16879]]

       ``(B) programs carried out by the Department under this 
     title for such survivors and dependents are carried out in a 
     manner that is responsive to such survivors and dependents 
     and their unique needs;
       ``(C) regular and consistent monitoring of benefits 
     delivery occurs;
       ``(D) appropriate referrals are being made with respect to 
     such survivors and dependents by, to, and within the Veterans 
     Benefits Administration, Veterans Health Administration, and 
     National Cemetery Administration; and
       ``(E) such survivors and dependents are treated with 
     dignity and respect by personnel of the Department; and
       ``(2) act as a primary advisor to the Secretary on all 
     matters related to the policies, programs, legislative 
     issues, and other initiatives affecting such survivors and 
     dependents.
       ``(c) Annual Report.--The Secretary shall identify and 
     include the activities of the Office in the annual report to 
     Congress under section 529 of this title.
       ``(d) Guidance From Stakeholders.--In establishing the 
     Office, the Secretary shall seek guidance from interested 
     stakeholders, including appropriate employees, employee 
     representatives, managers, and appropriate public and private 
     entities, including veteran service organizations and other 
     service organizations.
       ``(e) Resources.--The Secretary shall ensure that 
     appropriate personnel, funding, and other resources are 
     provided to the Office to carry out its responsibilities.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``321. Office of Survivors Assistance.''.

     SEC. 102. STUDY ON READJUSTMENT OF SCHEDULE FOR RATING 
                   DISABILITIES.

       (a) Study on Adjustment of Schedule.--
       (1) Study required.--The Secretary of Veterans Affairs 
     shall conduct a study on adjusting the schedule for rating 
     disabilities adopted and applied by the Secretary under 
     section 1155 of title 38, United States Code, so as to base 
     the schedule on standards, practices, and codes in common use 
     by the medical, mental health, and disability professions 
     that are current as of the date of the enactment of this Act.
       (2) Contents of study.--In conducting the study under this 
     subsection, the Secretary shall--
       (A) determine how the schedule could be adjusted to take 
     into account the loss of quality of life and loss of earnings 
     that result from specific disabilities;
       (B) examine the nature of the disabilities for which 
     disability compensation is payable under laws other than laws 
     administered by the Secretary;
       (C) examine whether disparities exist between the rating of 
     physical and mental disabilities, especially with respect to 
     how the severity of mental disabilities should be adjudicated 
     to ensure parity with physical disabilities whereby a veteran 
     can be rated totally disabled while maintaining some level of 
     employment;
       (D) measure the effect of disabilities on the psychological 
     states, physical integrity, and social adaptability of 
     veterans with such disabilities; and
       (E) examine the effect of a veteran's injury or combination 
     of injuries on--
       (i) the average loss of the veteran's earnings capacity, 
     including the veteran's inability to work in certain 
     occupations;
       (ii) the veteran's quality of life, including activities of 
     independent living, recreational and community activities, 
     and personal relationships, including the inability to 
     participate in favorite activities, social problems related 
     to disfigurement or cognitive difficulties, and the need to 
     spend increased amounts of time performing activities of 
     daily living; and
       (iii) the extent to which benefits for veterans may be used 
     to encourage veterans to seek and undergo vocational 
     rehabilitation.
       (3) Consultation.--In conducting the study under this 
     subsection, the Secretary shall consult with appropriate 
     public and private entities, agencies, and veterans service 
     organizations, and shall employ consultants.
       (4) Deadline for completion.--The Secretary shall complete 
     the study required under this subsection by not later than 
     180 days after the date of the enactment of this Act.
       (5) Report to congress.--Not later than 60 days after 
     completing the study required under this subsection, the 
     Secretary shall submit to Congress a report on the study. The 
     report shall include--
       (A) the results of the study on quality of life and the 
     payment of compensation for service-connected disabilities 
     for which the Secretary entered into a contract on January 
     28, 2008;
       (B) the Secretary's findings and conclusions with respect 
     to adjusting the schedule for rating disabilities adopted and 
     applied by the Secretary under section 1155 of title 38, 
     United States Code, to account for the loss of quality of 
     life and loss of earnings that result from specific 
     disabilities;
       (C) the Secretary's findings and conclusions with respect 
     to--
       (i) the report of the Veterans' Disability Benefits 
     Commission;
       (ii) the report of the President's Commission on the Care 
     for America's Returning Wounded Warriors;
       (iii) the report of the Institute of Medicine entitled ``A 
     21st Century System for Evaluating Veterans for Disability 
     Benefits''; and
       (iv) any other independent or advisory commission report on 
     matters relating to such schedule that the Secretary 
     determines is appropriate;
       (D) the Secretary's recommendations with respect to the 
     appropriate disabilities for inclusion in the schedule;
       (E) the Secretary's recommendations with respect to the 
     amount of compensation payable to veterans for the loss of 
     quality of life and the basis for such recommendations;
       (F) the Secretary's recommendations with respect to the 
     amount of compensation payable to veterans for average loss 
     of earnings capacity and the appropriate standards for 
     determining whether a disability has caused a veteran to 
     incur a loss of earnings capacity;
       (G) the Secretary's assessment of the effect of the 
     treatment of mental disabilities under the schedule for 
     rating disabilities, as in effect on the date of the 
     enactment of this Act; and
       (H) the Secretary's determination with respect to whether 
     the regulations prescribed pursuant to section 1154 of title 
     38, United States Code, are consistent with providing, to the 
     maximum extent possible, the benefit of the doubt to veterans 
     covered by that section in the absence of official military 
     records pertaining to the service-connection of a veteran's 
     disability, and in particular, of post-traumatic stress 
     disorder, when a determination of service-connection would be 
     consistent with the duties, conditions, and hardships of 
     service in the Armed Forces.
       (b) Submission of Plan.--
       (1) Plan required.--Not later than 120 days after the date 
     on which the Secretary submits the report required under 
     subsection (a)(5), the Secretary shall submit to Congress a 
     plan to readjust the schedule for rating disabilities adopted 
     and applied by the Secretary under section 1155 of title 38, 
     United States Code. In developing the plan required under 
     this subsection, the Secretary shall consider the report 
     submitted under subsection (a)(5) and shall provide for the 
     readjustment of such schedule for rating disabilities to--
       (A) align the schedule with medical concepts considered 
     best practices as of the date of the enactment of this Act, 
     including those provided in the Current Procedural 
     Terminology Manual, International Classification of Diseases, 
     the Diagnostic and Statistical Manual of Mental Disorders, 
     and applicable American Medical Association Guides;
       (B) bridge the gap between the schedule, as in effect on 
     the date of the enactment of this Act, and medical 
     understandings, as of such date, of injuries and diseases and 
     the affects of such injuries and diseases on the ability of a 
     person suffering from them to function;
       (C) prioritize such readjustment with respect to post-
     traumatic stress disorder, other mental disorders, 
     neurological disorders, traumatic brain injury, orthopedic 
     disabilities, and digestive disabilities;
       (D) ensure that the schedule is automated in accordance 
     with the review and comprehensive plan of the Secretary under 
     section 110 of this Act; and
       (E) ensure that a transition plan is provided to ease the 
     transition from the schedule for rating disabilities, as in 
     effect on the date of the enactment of this Act, to the 
     implementation of the schedule for rating disabilities, as 
     proposed to be readjusted by the plan under this subsection.
       (2) Timeline for readjustment.--The Secretary shall include 
     in the plan submitted under the subsection a proposed 
     timeline for when the Secretary intends to readjust the 
     schedule. Such proposed timeline may not exceed three years.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     subsections (a) and (b).
       (d) Advisory Committee on Disability Compensation.--
       (1) Establishment.--Subchapter III of chapter 5 of title 
     38, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 546. Advisory Committee on Disability Compensation

       ``(a) Establishment.--(1) There is in the Department the 
     Advisory Committee on Disability Compensation (hereinafter in 
     this section referred to as the `Committee').
       ``(2) The Committee shall consist of not more than 18 
     members appointed by the Secretary from among individuals 
     who--
       ``(A) have demonstrated significant civic or professional 
     achievement; and
       ``(B) have experience with the provision of disability 
     compensation by the Department or are leading medical or 
     scientific experts in relevant fields.
       ``(3) The Secretary shall seek to ensure that members 
     appointed to the Committee include individuals from a wide 
     variety of geographic areas and ethnic backgrounds, 
     individuals from veterans service organizations, individuals 
     with combat experience, and women.
       ``(4) The Secretary shall determine the terms of service 
     and pay and allowances of

[[Page 16880]]

     the members of the Committee, except that a term of service 
     may not exceed two years. The Secretary may reappoint any 
     member for additional terms of service.
       ``(b) Responsibilities of Committee.--(1) The Secretary 
     shall, on a regular basis, consult with and seek the advice 
     of the Committee with respect to the maintenance and periodic 
     readjustment of the schedule for rating disabilities under 
     section 1155 of this title.
       ``(2)(A) In providing advice to the Secretary under this 
     subsection, the Committee shall--
       ``(i) assemble and review relevant information relating to 
     the needs of veterans with disabilities;
       ``(ii) provide information relating to the nature and 
     character of disabilities arising from service in the Armed 
     Forces;
       ``(iii) provide an on-going assessment of the effectiveness 
     of the schedule for rating disabilities; and
       ``(iv) provide on-going advice on the most appropriate 
     means of responding to the needs of veterans relating to 
     disability compensation in the future.
       ``(B) In carrying out its duties under subparagraph (A), 
     the Committee shall take into special account the needs of 
     veterans who have served in a theater of combat operations.
       ``(c) Annual Report.--(1) Not later than March 31 of each 
     year, the Committee shall submit to the Secretary a report on 
     the programs and activities of the Department that relate to 
     the payment of disability compensation. Each such report 
     shall include--
       ``(A) an assessment of the needs of veterans with respect 
     to disability compensation;
       ``(B) a review of the programs and activities of the 
     Department designed to meet such needs; and
       ``(C) such recommendations (including recommendations for 
     administrative and legislative action) as the Committee 
     considers appropriate.
       ``(2) Not later than 90 days after the receipt of a report 
     under paragraph (1), the Secretary shall transmit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives a copy of the report, together with any 
     comments and recommendations concerning the report that the 
     Secretary considers appropriate.
       ``(3) The Committee may also submit to the Secretary such 
     other reports and recommendations as the Committee considers 
     appropriate.
       ``(4) The Secretary shall submit with each annual report 
     submitted to the Congress pursuant to section 529 of this 
     title a summary of all reports and recommendations of the 
     Committee submitted to the Secretary since the previous 
     annual report of the Secretary submitted pursuant to that 
     section.
       ``(d) Applicability of Federal Advisory Committee Act.--(1) 
     Except as provided in paragraph (2), the provisions of the 
     Federal Advisory Committee Act (5 U.S.C. App.) shall apply to 
     the activities of the Committee under this section.
       ``(2) Section 14 of such Act shall not apply to the 
     Committee.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end of 
     the items relating to subchapter III the following new item:

``546. Advisory Committee on Disability Compensation.''.

     SEC. 103. STUDY ON EMPLOYEE WORK CREDIT SYSTEM OF VETERANS 
                   BENEFITS ADMINISTRATION.

       (a) Study Required.--The Secretary of Veterans Affairs 
     shall conduct a study on the employee work credit system of 
     the Veterans Benefits Administration of the Department of 
     Veterans Affairs, which is used to measure the work 
     production of employees of the Veterans Benefits 
     Administration.
       (b) Contents of Study.--In carrying out the study under 
     subsection (a), the Secretary shall consider the advisability 
     of implementing--
       (1) performance standards and accountability measures to 
     ensure that--
       (A) claims for benefits under the laws administered by the 
     Secretary are processed in an objective, accurate, 
     consistent, and efficient manner; and
       (B) final decisions with respect to such claims are 
     consistent and issued within the average amount of time 
     required to process a claim, as identified by the Secretary 
     in the most recent annual report submitted by the Secretary 
     under section 7734 of title 38, United States Code;
       (2) guidelines and procedures for the prompt processing of 
     such claims that are ready to rate upon submission;
       (3) guidelines and procedures for the processing of such 
     claims submitted by severely injured and very severely 
     injured veterans, as determined by the Secretary; and
       (4) requirements for assessments of claims processing at 
     each regional office for the purpose of producing lessons 
     learned and best practices.
       (c) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report on the study conducted under this 
     section and the progress of the Secretary in implementing the 
     new system for evaluating employees of the Veterans Benefits 
     Administration required under subsection (d).
       (d) Evaluation of Veterans Benefits Administration 
     Employees.--
       (1) New system required.--By not later than 180 days after 
     the date on which the Secretary of Veterans Affairs submits 
     to Congress the report required under subsection (d), the 
     Secretary shall establish a new system for evaluating the 
     work production of employees of the Veterans Benefits 
     Administration. Such system shall--
       (A) be based on the findings of the study conducted by the 
     Secretary under this section;
       (B) focus on evaluating the accuracy and quality of ratings 
     decisions made by such employees; and
       (C) not resemble or be based on any concept on which the 
     system in effect as of the date of the enactment of this Act 
     is based.
       (2) Suspension of award of work credits.--If the Secretary 
     of Veterans Affairs does not implement the new system for 
     evaluating work production as required under paragraph (1), 
     the Secretary may not award a work credit to any employee of 
     the Veterans Benefits Administration until the Secretary has 
     implemented such system.

     SEC. 104. STUDY ON WORK MANAGEMENT SYSTEM.

       (a) In General.--The Secretary of Veterans Affairs shall 
     conduct a study on the work management system of the Veterans 
     Benefits Administration of the Department of Veterans 
     Affairs, which is designed to improve accountability, 
     quality, and accuracy, and reduce the time for processing 
     claims for benefits under laws administered by the Secretary 
     that are adjudicated by the Veterans Benefits Administration.
       (b) Contents of Study.--In conducting the study required 
     under subsection (a), the Secretary shall consider--
       (1) accountability for claims adjudication outcomes;
       (2) the quality of claims adjudicated;
       (3) a simplified process to adjudicate claims;
       (4) the maximum use of information technology applications;
       (5) rules-based applications and tools for processing and 
     adjudicating claims efficiently and effectively; and
       (6) methods of reducing the time required to obtain 
     information from outside sources.
       (c) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report on the study conducted under this 
     section.

     SEC. 105. CERTIFICATION AND TRAINING OF EMPLOYEES OF VETERANS 
                   BENEFITS ADMINISTRATION RESPONSIBLE FOR 
                   PROCESSING CLAIMS.

       (a) Employee Certification Required.--
       (1) In general.--Subchapter II of chapter 77 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7735. Employee certification

       ``(a) Development of Certification Examination.--The 
     Secretary shall develop a certification examination for 
     appropriate employees and managers of the Veterans Benefits 
     Administration who are responsible for processing claims for 
     benefits under the laws administered by the Secretary. The 
     Secretary shall develop such examination in consultation with 
     examination development experts, interested stakeholders, 
     including such appropriate employees, employee 
     representatives, and managers, and appropriate public and 
     private entities, including veterans service organizations 
     and other service organizations.
       ``(b) Employee and Manager Requirement.--The Secretary 
     shall require appropriate employees and managers of the 
     Veterans Benefits Administration who are responsible for 
     processing claims for benefits under the laws administered by 
     the Secretary to take a certification examination.
       ``(c) Limitation.--The Secretary may not satisfy any 
     requirement of this section through the use of any 
     certification examination or program that exists as of the 
     date of the enactment of the Veterans Disability Benefits 
     Claims Modernization Act of 2008.''.
       (2) Deadlines for implementation.--The Secretary of 
     Veterans Affairs shall--
       (A) develop the certification examination required to be 
     developed under section 7735 of title 38, United States Code, 
     as added by subsection (a), by not later than one year after 
     the date of the enactment of this Act; and
       (B) implement procedures for administering the 
     certification of employees under such section and begin 
     administering the certification examination required under 
     such section by not later than 90 days after the date on 
     which the development of such certification examination is 
     complete.
       (3) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end of 
     the items relating to subchapter II the following new item:

``7735. Employee certification.''.
       (b) Evaluation of Training.--
       (1) Evaluation required.--The Secretary of Veterans Affairs 
     shall enter into a contract with a private entity with 
     experience evaluating training processes, continuing 
     education needs, and centralized training requirements, under 
     which that entity shall--
       (A) conduct an evaluation of the items required to be 
     included in the annual report of

[[Page 16881]]

     the Secretary under section 7734 of title 38, United States 
     Code, that were included in the last such report submitted 
     before the date of the enactment of this Act, that relate to 
     the training and performance assessment programs of the 
     Department of Veterans Affairs for employees of the Veterans 
     Benefits Administration who are responsible for matters 
     relating to compensation or pension benefits under the laws 
     administered by the Secretary; and
       (B) not later than 180 days after the date of the enactment 
     of this Act, submit to the Secretary the results of such 
     evaluation.
       (2) Submission of results to congress.--The Secretary shall 
     include the results of the evaluation required under 
     paragraph (1) with the first annual report required to be 
     submitted to Congress under section 529 of title 38, United 
     States Code, submitted after the date on which the Secretary 
     receives such results.
       (3) Report.--Not later than 180 days after the date on 
     which the Secretary submits the report referred to in 
     paragraph (2), the Secretary shall submit to Congress a 
     report on any actions the Secretary has taken or plans to 
     take in response to the results of the evaluation required 
     under paragraph (1).

     SEC. 106. ANNUAL ASSESSMENT OF QUALITY ASSURANCE PROGRAM.

       (a) Annual Assessment Required.--Section 7731 of title 38, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(c)(1) The Secretary shall enter into a contract with an 
     independent third-party entity for the conduct of an annual 
     assessment of the quality assurance program under this 
     section. Each such assessment shall--
       ``(A) evaluate a statistically valid sample of employees of 
     the Veterans Benefits Administration and a statistically 
     valid sample of the work product of such employees to assess 
     the quality and accuracy of such work product;
       ``(B) measure the performance of each regional office of 
     the Veterans Benefits Administration;
       ``(C) measure the accuracy of the disability ratings 
     assigned under the schedule for rating disabilities under 
     section 1155 of this title;
       ``(D) compare disability ratings and evaluate consistency 
     between regional offices;
       ``(E) assess the performance of employees and managers of 
     the Veterans Benefits Administration; and
       ``(F) produce automated categorizable data to help identify 
     trends.
       ``(2) The Secretary shall use information gathered through 
     the annual assessments required under this section in 
     developing the employee certification required under section 
     7735 of this title.
       ``(3) In order to carry out the quality assurance program 
     under this subsection with respect to the administration of 
     disability compensation and to reduce the variances between 
     ratings in the regional offices of the Department, the 
     Secretary shall ensure the accuracy and consistency across 
     different offices within the Department of the treatment of 
     claims for disability compensation, including determinations 
     with respect to disability ratings and whether a disability 
     is service-connected.
       ``(4)(A) The Secretary shall retain, monitor, and store in 
     an accessible format data described in subparagraph (B), 
     including development of a demographic baseline.
       ``(B) The data covered by this paragraph includes the 
     following:
       ``(i) For each claim for disability compensation under laws 
     administered by the Secretary submitted by a claimant--
       ``(I) the State in which the claimant resided when the 
     claim was submitted;
       ``(II) the decision of the Secretary with respect to the 
     claim;
       ``(III) the regional office and individual employee of the 
     Department responsible for evaluating the claim; and
       ``(IV) the sex and race of the claimant.
       ``(ii) The State of the claimant's residence.
       ``(iii) Such other data as the Secretary determines is 
     appropriate for monitoring the accuracy and consistency of 
     decisions with respect to such claims.
       ``(5) Nothing in this subsection shall require the 
     Secretary to replace the quality assurance program under this 
     section, as in effect on the date of the enactment of the 
     Veterans Disability Benefits Claims Modernization Act of 
     2008.''.
       (b) Report to Congress.--Section 7734 of such title is 
     amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) by redesignating paragraph (3) as paragraph (4); and
       (3) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) the results and findings of the most recent annual 
     assessment conducted under section 7731(c) of this title; 
     and''.

     SEC. 107. EXPEDITED TREATMENT OF FULLY DEVELOPED CLAIMS AND 
                   REQUIREMENT FOR CHECKLIST TO BE PROVIDED TO 
                   INDIVIDUALS SUBMITTING INCOMPLETE CLAIMS.

       (a) Expedited Treatment of Fully Developed Claims.--
       (1) In general.--Subchapter I of chapter 51 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 5109C. Expedited treatment of fully developed claims

       ``(a) Expedited Treatment Required.--The Secretary shall 
     take such actions as may be necessary to provide for the 
     expeditious treatment by the appropriate regional office of 
     the Veterans Benefits Administration of any fully developed 
     claim to ensure that any such claim is adjudicated not later 
     than 90 days after the date on which the claim is submitted.
       ``(b) Notice of Required Information and Evidence.--Nothing 
     in this section shall affect the responsibility of the 
     Secretary to provide notice under section 5103 to a claimant 
     and a claimant's representative of required information and 
     evidence that is necessary to substantiate a fully developed 
     claim.
       ``(c) Fully Developed Claim Defined.--For purposes of this 
     section, the term `fully developed claim' means a claim for a 
     benefit under a law administered by the Secretary--
       ``(1) for which the claimant--
       ``(A) received assistance from a veterans service officer, 
     a State or county veterans service officer, an agent, or an 
     attorney; or
       ``(B) submits along with the claim an appropriate 
     indication that the claimant does not intend to submit any 
     additional information in support of the claim and does not 
     require additional assistance with respect to the claim; and
       ``(2) for which the claimant submits a certification in 
     writing that is signed by the claimant stating that at the 
     time of signature, no additional information is available or 
     needs to be submitted in order for the claim to be 
     adjudicated.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end of 
     the items relating to subchapter I the following new item:

``5109C. Expedited treatment of fully developed claims.''.
       (3) Deadlines for implementation.--By not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Veterans Affairs shall establish a process for 
     expediting claims under section 5109C of title 38, United 
     States Code, as added by paragraph (1).
       (b) Provision of Checklist to Individuals Submitting 
     Incomplete Claims.--
       (1) Checklist.--Section 5103 of title 38, United States 
     Code, is amended--
       (A) by redesignating subsection (b) as subsection (c); and
       (B) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Provision of Checklist.--In providing notice of 
     required information and evidence to a claimant and a 
     claimant's representative, if any, under subsection (a), the 
     Secretary shall provide to the claimant and any such 
     representative a checklist that includes a detailed 
     description of information or evidence required to be 
     submitted by the claimant to substantiate the claim.''.
       (2) Effective date.--Subsection (b) of section 5103 of 
     title 38, United States Code, as added by paragraph (1) shall 
     apply with respect to notice provided after the date that is 
     one year after the date of the enactment of this Act.
       (3) Deadline for creation of checklist.--By not later than 
     180 days after the date of the enactment of this Act, the 
     Secretary of Veterans Affairs shall create the checklist 
     required under such subsection, as so added.
       (4) Submittal to congress.--Not later than 60 days after 
     the Secretary creates the checklist required by such 
     subsection, as so added, the Secretary shall submit to 
     Congress the checklist.

     SEC. 108. STUDY AND REPORT ON EMPLOYING MEDICAL PROFESSIONALS 
                   TO ASSIST EMPLOYEES OF VETERANS BENEFITS 
                   ADMINISTRATION.

       (a) Study.--The Secretary of Veterans Affairs shall conduct 
     a study to evaluate the need of the Veterans Benefits 
     Administration of the Department of Veterans Affairs to 
     employ, in addition to medical professionals of the Veterans 
     Health Administration, including medical professionals who 
     are not physicians, to act as a medical reference for 
     employees of the Administration so that such employees may 
     accurately assess medical evidence submitted in support of 
     claims for benefits under laws administered by the Secretary. 
     In no case shall any such medical professional be employed to 
     rate any disability or evaluate any claim. In conducting the 
     study, the Secretary shall conduct statistically significant 
     surveys of employees of the Administration to ascertain 
     whether, how, and to what degree medical professionals could 
     provide assistance to such employees.
       (b) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report on the study conducted under subsection 
     (a).
       (c) Access to Medical Professionals.--If the Secretary 
     hires medical professionals pursuant to the study conducted 
     under this section, the Secretary shall ensure that employees 
     employed by all regional offices of the Veterans Benefits 
     Administration have access to such medical professionals.

[[Page 16882]]



     SEC. 109. ASSIGNMENT OF PARTIAL DISABILITY RATINGS TO 
                   QUALIFYING VETERANS.

       (a) In General.--Chapter 11 of title 38, United States 
     Code, is amended by inserting after section 1155 the 
     following new section:

     ``Sec. 1156. Partial disability ratings

       ``(a) Assignment of Partial Ratings.--For the purpose of 
     providing disability compensation under this chapter to a 
     qualifying veteran, the Secretary shall assign a partial 
     disability rating to the veteran as follows:
       ``(1) In the case of a qualifying veteran described in 
     subsection (b)(3)(A), a rating of 100 percent.
       ``(2) In the case of a qualifying veteran described in 
     subsection (b)(3)(B), a rating of 50 percent.
       ``(b) Qualifying Veteran.--For the purposes of this 
     section, a qualifying veteran is a veteran--
       ``(1) who has been discharged from active duty service for 
     365 days or less;
       ``(2) for whom a permanent disability rating is not 
     immediately assignable under the regular provisions of the 
     schedule for rating disabilities under section 1155 of this 
     title or on the basis of individual unemployability; and
       ``(3) who has--
       ``(A) a severe disability for whom substantially gainful 
     employment is not feasible or advisable; or
       ``(B) a wound or injury, whether healed, unhealed or 
     incompletely healed for whom material impairment of 
     employability is likely.
       ``(c) Examinations.--A medical examination of a qualifying 
     veteran is not required to be performed before assigning a 
     partial disability rating to the veteran under this section, 
     but the fact that such an examination is conducted shall not 
     prevent the Secretary from assigning such a rating.
       ``(d) Termination of Partial Rating.--(1) Except as 
     provided in paragraph (2), a partial disability rating 
     assigned to a veteran under this section shall remain in 
     effect until the earlier of the following dates:
       ``(A) The date on which the veteran receives a permanent 
     disability rating based on the schedule for rating 
     disabilities under section 1155 of this title.
       ``(B) The date that is 365 days after the date of the 
     veteran's last separation or release from active duty.
       ``(2) The Secretary may extend a partial disability rating 
     assigned to a veteran under this section beyond the 
     applicable termination date under paragraph (1), if the 
     Secretary determines that such an extension is 
     appropriate.''.
       (b) Effective Date.--Section 1156 of title 38, United 
     States Code, as added by paragraph (1), shall take effect on 
     the date of the enactment of this Act.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1155 the following new item:

``1156. Partial disability ratings.''.

     SEC. 110. REVIEW AND ENHANCEMENT OF USE OF INFORMATION 
                   TECHNOLOGY AT VETERANS BENEFITS ADMINISTRATION.

       (a) Review and Comprehensive Plan.--By not later than one 
     year after the date of the enactment of this Act, the 
     Secretary of Veterans Affairs shall conduct a review of the 
     use of information technology at the Veterans Benefits 
     Administration and develop a comprehensive plan for the use 
     of such technology in processing claims for benefits under 
     laws administered by the Secretary of Veterans Affairs that 
     would reduce subjectivity, avoidable remands, and regional 
     office variances in disability ratings.
       (b) Information Technology.--The plan developed under 
     subsection (a) shall include--
       (1) the use of rules-based processing and information 
     technology systems and automated decision support software at 
     all levels of processing claims;
       (2) the enhancement of the use of information technology 
     for all aspects of the claims process;
       (3) a technological platform that allows for the use of 
     information that members of the Armed Forces, veterans, and 
     dependents have submitted electronically, including uploaded 
     military records, medical evidence, and other appropriate 
     documentation, and the capability to view applications for 
     benefits submitted online;
       (4) the use of electronic examination templates in 
     conjunction with the schedule for rating disabilities under 
     section 1155 of title 38, United States Code;
       (5) making such changes as may be required to the 
     information technology system of the Department so as to 
     ensure that users of such system are able to access the 
     service medical records of the Department of Defense by not 
     later than one year after the date on which the plan is 
     implemented;
       (6) the provision of bi-directional access to medical 
     records and service records between the Department of 
     Veterans Affairs and the Department of Defense; and
       (7) the availability, on the Internet website of the 
     Department, of a mechanism that can be used by a claimant to 
     check on the status of any claim submitted by that claimant 
     and that provides information on--
       (A) whether a decision has been reached with respect to 
     such a claim, notice of the decision; or
       (B) if no such decision has been reached, notice of--
       (i) whether the application submitted by the claimant is 
     complete;
       (ii) whether the Secretary requires additional information 
     or evidence to process the claim;
       (iii) the estimated date on which a decision with respect 
     to the claim is expected to be made; and
       (iv) the stage at which the claim is being processed as of 
     the date on which such status is checked.
       (c) Review of Best Practices and Lessons Learned.--In 
     carrying out this section, the Secretary shall review best 
     practices and lessons learned within the Department of 
     Veterans Affairs and the use of the technology known as 
     ``VistA'' by other Government entities and private sector 
     organizations who employ information technology and automated 
     decision support software.
       (d) Reduction of Claims Processing Time.--In carrying out 
     this section, the Secretary shall ensure that a plan is 
     developed that, within three years of implementation, would 
     reduce the processing time for each claim processed by the 
     Veterans Benefits Administration to not longer than the 
     average amount of time to required to process a claim, as 
     identified by the Secretary in the most recent annual report 
     submitted by the Secretary under section 7734 of title 38, 
     United States Code.
       (e) Consultation.--In carrying out this section, the 
     Secretary of Veterans Affairs shall consult with information 
     technology designers at the Veterans Health Administration, 
     VistA managers, the Secretary of Defense, appropriate 
     officials of other Government agencies, appropriate 
     individuals in the private and public sectors, veterans 
     service organizations, and other relevant service 
     organizations.
       (f) Report to Congress.--By not later than January 1, 2009, 
     the Secretary shall submit to Congress a report on the review 
     and comprehensive plan required under this section.

     SEC. 111. TREATMENT OF CLAIMS UPON DEATH OF CLAIMANT.

       (a) Treatment of Beneficiary of Veteran's Accrued Benefits 
     as Claimant for Purposes of Incomplete Claims Upon Death of 
     Veteran.--Chapter 51 of title 38, United States Code, is 
     amended by inserting after section 5121 the following new 
     section:

     ``Sec. 5121A. Substitution in case of death of claimant

       ``(a) Substitution.--If a veteran who is a claimant dies 
     while a claim for any benefit under a law administered by the 
     Secretary, or an appeal of a decision with respect to such a 
     claim, is pending and awaiting adjudication, the person who 
     would receive any accrued benefits due to the veteran under 
     section 5121(a)(2) of this title shall be treated as the 
     claimant for the purposes of processing the claim to 
     completion, except that such person may only submit new 
     evidence in support of the claim during the one-year period 
     beginning on the date of the death of the veteran.
       ``(b) Limitation.--Only one person may be treated as the 
     claimant under subsection (a).
       ``(c) Designation of Third Party.--If the person who would 
     be eligible to be treated as the claimant under subsection 
     (a) certifies to the Secretary that the person does not want 
     to be treated as the claimant for such purposes, such person 
     may designate the person who would receive the benefits under 
     section 5121(a)(2) upon the death of the person who would 
     otherwise be treated as the claimant under subsection (a) to 
     be treated as the claimant for the purposes of processing the 
     claim to completion.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 5121 the following new item:

``5121A. Death of claimant.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to the claim of any veteran who dies 
     on or after the date of the enactment of this Act.

   TITLE II--MATTERS RELATING TO UNITED STATES COURT OF APPEALS FOR 
                            VETERANS CLAIMS

     SEC. 201. ANNUAL REPORTS ON WORKLOAD OF UNITED STATES COURT 
                   OF APPEALS FOR VETERANS CLAIMS.

       (a) In General.--Subchapter III of chapter 72 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7288. Annual report

       ``The chief judge of the Court shall annually submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report summarizing the workload of the 
     Court during the last fiscal year that ended before the 
     submission of such report. Such report shall include, with 
     respect to such fiscal year, the following information:
       ``(1) The number of appeals filed.
       ``(2) The number of petitions filed.
       ``(3) The number of applications filed under section 2412 
     of title 28.
       ``(4) The number and type of dispositions, including 
     settlements.
       ``(5) The median time from filing to disposition.

[[Page 16883]]

       ``(6) The number of oral arguments.
       ``(7) The number and status of pending appeals and 
     petitions and of applications described in paragraph (3).
       ``(8) A summary of any service performed by recalled 
     retired judges during the fiscal year.
       ``(9) The number of decisions or dispositions rendered by a 
     single judge, multi-judge panels and the full Court.
       ``(10) The number of cases pending longer than 18 
     months.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item related to section 7287 the following new item:

``7288. Annual report.''.

     SEC. 202. MODIFICATION OF JURISDICTION AND FINALITY OF 
                   DECISIONS OF UNITED STATES COURT OF APPEALS FOR 
                   VETERANS CLAIMS.

       (a) Modification.--Section 7252(a) of title 38, United 
     States Code, is amended--
       (1) by striking the third sentence; and
       (2) by adding at the end the following new sentence: ``The 
     Court shall have power to affirm, modify, reverse, remand, or 
     vacate and remand a decision of the Board after deciding all 
     relevant assignments of error raised by an appellant for each 
     particular claim for benefits. In a case in which the Court 
     reverses a decision on the merits of a particular claim and 
     orders an award of benefits, the Court need not decide any 
     additional assignments of error with respect to that claim.''
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to a decision of the Board of 
     Veterans' Appeals made on or after the date of the enactment 
     of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Colorado (Mr. Lamborn) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. Mr. Speaker, this bill comes to us from the chairman of 
our Disability Assistance and Memorial Affairs Subcommittee, a very 
active, committed, new Member, Mr. Hall from New York, and I would 
yield to him as much time as he may consume.
  Mr. HALL of New York. Thank you, Chairman Filner.
  While we celebrated Independence Day this month, many Americans were 
unaware that immediately after the Continental Congress signed the 
Declaration of Independence, it ratified the Military Pension Law of 
1776 thereby creating the first Federal disability compensation 
program.
  There should be no doubt that the United States has a proud tradition 
of providing benefits and services to our current population of 24 
million veterans, more than 2.7 million of whom receive compensation 
from the Department of Veterans Affairs, a department full of 
committed, well-intended, and skilled people who nonetheless are 
struggling with our current situation. The VA is in dire need of 
change, and it is time to modernize the disability claims system.
  I would like to thank Representatives Joe Donnelly of Indiana, Phil 
Hare of Illinois, Zack Space of Ohio, and Jerry McNerney of California 
and subcommittee Ranking Member Doug Lamborn of Colorado for 
contributing to this bill. They, too, have recognized the problems in a 
system that had a backlog of more than 838,000 claims in 2007, and that 
unbelievable backlog is projected to surpass 1 million claims in 2009.
  This escalating backlog means that far too many veterans and 
survivors wait for months, years, or decades for their claims to be 
adjudicated. This is a national disgrace and violates our contract with 
every person who serves in our Armed Forces.
  In my own district, I see time and again the tragic human toll of 
these egregious delays. A World War II Navy veteran from Westchester 
County, Ken MacDonald, tried since 1947 to receive compensation for 
injuries he suffered not once, but twice on ships that were sunk out 
from under him. Only last year, 60 years later, with the help of our 
office, was his claim approved. He received over $100,000 in back pay 
and a pension for the rest of his life--but think of the decades he 
suffered, the opportunities he lost.
  We have thousands of veterans coming home injured from Iraq and 
Afghanistan. We have Vietnam veterans whose claims have never been 
fully resolved. It is a disgrace for our Nation to allow them to suffer 
and face financial hardship and health care problems when the VA should 
process and accept their legitimate claims promptly.
  Families suffer also. In June, a news story broke of Wayne Kirtley, a 
54-year-old veteran who was misdiagnosed twice by the VA, resulting in 
his premature death. When he filed a claim against the VA, it was 
denied. Eight months later, the veteran died while his appeal was 
pending. Under current law, the claim dies with the veteran. Kirtley 
was worried about his wife, Helen, and wanted to ensure that she would 
be taken care of with VA benefits. But that has not yet happened. H.R. 
5892 would allow Helen to continue her husband's claim with the VA and 
submit additional evidence which she currently cannot do.
  Recent commissions and task forces, the Veterans' Disability Benefits 
Commission, the Commission on the Care for America's Returning Wounded 
Warriors, and the Government Accountability Office have documented 
problems at the VBA. Over the last 18 months, my subcommittee has held 
extensive hearings in Washington and in Goshen, New York, to hear the 
testimony of veterans themselves and of the Veterans Service 
Organizations.

                              {time}  1800

  I have incorporated many of their suggestions into H.R. 5892. The 
bill proposes to overhaul the VA disability benefit system so that 
veterans and survivors can receive the benefits they have earned easily 
and quickly. Here is what the bill will change:
  In today's VA, a veteran's claim is often held up until every medical 
condition is evaluated, the average wait being over 6 months. Under 
this bill, a severe, undisputed injury, such as a lost leg or arm, will 
be compensated immediately. Lesser injuries that take more time to 
evaluate will be handled separately. Today's VA claims processing 
system is labor-intensive and paper-based with the loss of paper files 
being a major cause of delays. This bill brings the VA into the 21st 
century by requiring the use of modern information technology.
  The VA also relies on outdated medical concepts and on an archaic 
rating schedule. This bill updates the definitions of diseases and 
disorders to bring them in line with current medical knowledge, and it 
takes a comprehensive approach to disability ratings, including factors 
such as the loss of quality of life and of future earnings capacity.
  It is hard to believe, but today, when a veteran dies while his or 
her claim is being considered, the surviving wife or child has to start 
all over again at square one even if that claim has been stuck in the 
backlog for years. This bill allows the spouse or child to step into 
the shoes of the veteran while the claim continues, saving them months 
or years of frustration and of waiting.
  This bill recognizes the rights and needs of family members by 
establishing a new unit called the Survivors Office. The VA has always 
proclaimed as part of its mission caring for the widows and for the 
orphans of veterans, but it has never had an office specifically 
focused on them.
  Finally, another title of the bill deals with the United States Court 
of Appeals for veterans' claims. My hope is that we can eliminate the 
hamster wheel effect that bounces veterans back and forth between 
different levels of the appeals process, reducing today's unacceptable 
backlog of cases.
  A nimble, quick, responsive VA claims system could go a long way to 
helping our Nation live up to its commitment to care for wounded 
veterans and their families. It could help prevent suicides, 
bankruptcies, poverty, family disruptions, and homelessness among our 
Nation's disabled veterans.
  We can and must change the way Washington handles the claims of our 
injured veterans. We must give them easier access to the benefits they 
have earned and end forever the adversarial, inefficient and 
frustrating claims process they are now forced to endure. I believe 
H.R. 5892 puts the VA on a new course for the 21st century, giving them 
the resources and new approaches to make better, faster decisions, to 
achieve more accurate ratings and to treat all veterans and their 
families

[[Page 16884]]

fairly and with respect. I urge all of your support.
  Mr. LAMBORN. Mr. Speaker, I, too, rise in support of H.R. 5892, as 
amended, the Veterans Disability Benefits Claims Modernization Act of 
2008, to direct the Secretary of Veterans Affairs to modernize the VA 
disability benefits claims processing system and to ensure the accurate 
and timely delivery of compensation to veterans and their families.
  I commend my colleague from New York, Subcommittee Chairman John 
Hall, for introducing this comprehensive bill, which has been a 
culmination of thought and of a great deal of cooperative effort to 
make substantial improvements to the veterans' benefits claims process. 
I appreciate the bipartisan manner in which we have worked together to 
bring this bill to the floor.
  Not long ago, the VA's health care system was in such a poor state 
that it was derided in movies like Born on the Fourth of July. Now the 
VA's state-of-the-art medical care is cited in top medical journals and 
in a number of other respected publications. I believe the VA can make 
similar progress on the benefits side of the department.
  This bipartisan bill is intended to improve benefits claims 
processing so that our veterans receive their benefits with the speed 
and accuracy that they deserve. It is comprised of a number of measures 
that have as their foundation the collective recommendations of 
Democrats, Republicans, veterans' service organizations, and two blue 
ribbon commissions on veterans' benefits.
  These recommendations include the utilization of information 
technology, a quality and training assessment program for the 
certification of each VA claims processor, a study of a new rating 
schedule that reflects the loss of quality of life and the loss of 
earnings.
  The VA rating schedule now is a complex set of regulations used to 
determine the appropriate level of compensation for veterans' 
disabilities. We must ensure that the rating schedule compensates 
veterans for both the loss of earnings and for the loss of quality of 
life. The schedule must also be reflective of the contemporary job 
market to ensure parity in disability ratings.
  While the VA has made adjustments over the course of many decades, it 
is still obviously important that Congress continues to work with VA 
and with its stakeholders to ensure that the rating schedule is as 
accurate and is as up to date as possible.
  In addition, H.R. 5892 will allow an eligible dependent to substitute 
for a claimant who passes away while a disability claim is pending 
rather than to begin the claims process all over again. This provision 
was taken from H.R. 3047, a bill that I introduced, and I'm glad to see 
it included in this bill.
  By supporting H.R. 5892, we will initiate steps to ensure that VA 
benefits and services are of unsurpassed value to veterans. I urge my 
colleagues to support the bill.
  I reserve the balance of my time.
  Mr. FILNER. Mr. Speaker, I would yield 3 minutes to the gentleman 
from Illinois (Mr. Hare).
  Mr. HARE. Thank you, Mr. Chairman.
  Mr. Speaker, I rise in strong support of H.R. 5892, the Veterans 
Disability Benefits Claims Modernization Act of 2008, and I commend 
Chairman Hall for his tireless work on this issue.
  The disability backlog of more than 800,000 claims in the VA is a 
moral black eye for our country. We made a promise to those who served 
in uniform, and we have failed to keep that promise. The legislation 
before us today takes a critical step in restoring that promise. This 
bill is a comprehensive approach to fixing the flaws that exist in 
claims decisions and in the structure at the Veterans Benefits 
Administration, the VBA.
  The largest factors contributing to the claims backlogs are the 
broken culture and processes at the VA. There is a lack of 
accountability on raters, poor quality assurance measures, a broken 
work credit system, virtually no training for the VBA personnel, and an 
outdated information technology system.
  H.R. 5892 squarely addresses these problems by creating a more 
accountable and accurate system that rewards raters for the quality of 
their work, and it holds them accountable for their mistakes, ensuring 
that claims are processed correctly the very first time.
  I want to thank Chairman Hall for working with me to include specific 
language on mental health in the study of the readjustment schedule. Of 
those veterans from Iraq and Afghanistan who have accessed VA care, 40 
percent have sought mental health care. It is critical that any study 
on the rating schedule takes a good look at mental health conditions to 
ensure that those veterans receive fair compensation.
  I am disappointed that we had to remove the original section 101 
language from H.R. 5892, which provided a service connection 
presumption for post-traumatic stress disorder by clearly defining who 
was considered a ``combat veteran.'' The provision decreased the burden 
of proof for combat veterans, increasing their access to disability 
benefits.
  I appreciate Mr. Hall's efforts to address this issue in separate 
legislation, and I look forward to working with him to ensure that it 
becomes law.
  H.R. 5892 is a strong piece of legislation that will improve the way 
veterans' claims are processed. Again, I view this as a work in 
progress, and I look forward to continuing efforts until the backlog 
goes from 800,000 to zero.
  Mr. LAMBORN. Mr. Speaker, I yield back the balance of my time.
  Mr. FILNER. Mr. Speaker, I would yield 2 minutes to our new Member 
from Indiana (Mr. Donnelly), another very active and committed member 
who is concerned about our veterans in America.
  Mr. DONNELLY. I want to thank the chairman for his work, and I want 
to thank Chairman Hall as well.
  Mr. Speaker, H.R. 5892 helps seriously disabled veterans receive 
immediate disability benefits for an injury where combat connectedness 
and severity is not in question. These veterans should receive their 
disability benefits as soon as possible to add to other benefits and 
payments that they may be getting.
  When a disabled servicemember comes home to a family and to bills, 
every little bit helps. The VA has the authority to provide immediate 
temporary benefits to a severely injured servicemember until a claim is 
processed. However, we are concerned that they do not use this 
authority as often as possible. We want to make the VA's application of 
this authority mandatory. Under this bill, if you qualify for temporary 
benefits, you automatically will get these benefits instead of waiting 
for the VA to act.
  Mr. Speaker, America's veterans have fought and have sacrificed for 
our Nation, and we owe them our greatest efforts to enable them to 
receive their disability benefits in a timely fashion.
  My colleague Mr. Hare mentioned about the 800,000 claim backlog. He 
and I and all Members of this body want to see that go to zero. We will 
continue that work, and I urge all of my colleagues to support this 
legislation today.
  Mr. FILNER. I have no further speakers.
  Let me just say in conclusion, Mr. Speaker, that I think it's safe to 
say that for every single Member of this House, when they have town 
meetings with veterans, the single biggest complaint is the disability 
claims system. They've been waiting months, years even--decades--for 
decisions. This is an insult to their service. We have a long way to go 
in changing that. This bill is a big step toward erasing that 
incredible backlog. This situation is the biggest single factor that 
leads veterans to think that ``VA'' means veterans' adversary instead 
of veterans' advocate. So we have to change it. It is going to be 
changed as rapidly as we can, and I encourage all Members to support 
this bill.


                             General Leave

  Mr. FILNER. I would ask unanimous consent that all Members may have 5 
legislative days to revise and extend their remarks and to include 
extraneous material on H.R. 5892, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?

[[Page 16885]]

  There was no objection.
  Mr. FILNER. Mr. Speaker, we are at the conclusion of a set of eight 
pieces of legislation that will each one improve the quality of life 
for our Nation's veterans. Each one is a step forward to recognizing 
their service. We have thanked all the Members for working on this.
  I want to thank the staff on both sides of the aisle. When you have a 
collection of bills like this, it takes a lot of time, especially on a 
weekend, unfortunately, for them. So we thank all the staff--Republican 
and Democrat--for getting all of the reports and all of the work done 
for today's bills, which really contribute to the well-being of our 
veterans.
  Mr. BUYER. Mr. Speaker, I rise in support of H.R. 5892, as amended, 
the Veterans Disability Benefits Claims Modernization Act of 2008, a 
bill to amend title 38, United States Code, to direct the Secretary of 
Veterans Affairs to modernize the VA disability benefits claims 
processing system, to help ensure the accurate and timely delivery of 
compensation to veterans and their families.
  I commend the leaders of the Subcommittee on Disability Assistance 
and Memorial Affairs, Chairman John Hall and Ranking Member Doug 
Lamborn, for introducing and developing this comprehensive bill. Their 
bipartisan efforts will help make substantial improvements to the 
veterans' benefits claims process.
  Department of Veterans Affairs (VA) disability compensation payments 
fulfill our Nation's primary obligation to make up for the economic 
losses and losses of quality of life that result from service connected 
injuries. In recent years, VA has required increasingly longer periods 
to process the thousands of claims it receives each year. This has 
resulted in a backlog of benefits claims that VA has been struggling to 
overcome.
  This bipartisan bill is intended to improve benefits claims 
processing so that our veterans receive their benefits with the speed 
and accuracy that they deserve. It is comprised of a number of 
recommendations for improvement that originated in other bills. Such 
recommendations include: better utilization of information technology, 
a quality and training assessment program for the certification of each 
VA claims processor, and a study of a new rating schedule to help 
ensure that the VA rating schedule, which consists of a complex set of 
regulations used to determine the appropriate level of compensation for 
veterans' disabilities, adequately compensates veterans for both loss 
of earnings and loss of quality of life.
  Our veterans, who have sacrificed so much for the freedoms we 
cherish, must be assured that the compensation they receive for 
disabilities is based on information that is both credible and fair.
  By supporting H.R. 5892, we will initiate steps to ensure that VA 
benefits and services are of unsurpassed value to veterans.
  I urge my colleagues to support the bill.
  Ms. BORDALLO. Mr. Speaker, I rise today in support of H.R. 5892, The 
Veterans Disability Benefits Claims Modernization Act of 2008. This 
legislation will help to address difficulties that our veterans face in 
accessing needed health care records and medical compensation. I want 
to thank Chairman John Hall of New York for his leadership on the 
Subcommittee on Disability Assistance and Memorial Affairs of the House 
Veterans Affairs Committee and for sponsoring this legislation.
  I support the bill's intent to streamline the current VA claims 
process faced by our nation's 24,000,000 veterans. Studies show that 
the average processing time for veterans' claims has increased from 177 
days to 183 days in one year alone. Moreover, the Department of 
Veterans Affairs (VA) predicts that the number of claims will surpass 
1,000,000 by the end of fiscal year 2008. H.R. 5892 will provide 
incentives for the Veteran's Association to modernize their processing 
protocol by utilizing existing information technology in the processing 
of claims. These incentives will provide veterans with a more user-
friendly means of filing claims and more importantly a faster response 
time with claims requests.
  In particular, our veterans on Guam face the additional challenge of 
having to file their claims through the Regional Office in Honolulu, 
Hawaii. Over 20 percent of the backlogged cases in Honolulu are cases 
from Guam. Improved information technology systems will help facilitate 
the processing of claims on Guam. Moreover, I will continue to work 
with Chairman Hall and the Secretary of Veterans Affairs to enhance 
services provided by the VA Office on Guam. Improvements in the claims 
processing system along with a greater VA presence on Guam will greatly 
improve the current situation for our island's veterans.
  H.R. 5892 will also address the Department of Veterans Affairs' 
standard for adjudicating a veterans level of disability. The VA 
currently employs the Department of Veterans Affairs Schedule for 
Rating Disabilities (VASRD), a schedule first commissioned during the 
First World War. The VASRD was last revised in 1945 and has yet to 
include contemporary medical practices and procedures. The legislation 
also requires improvement training and assessment of training for VA 
caseworkers. In total, this legislation takes a major step forward in 
ensuring better quality of care and treatment for our nation's 
veterans.
  Our veterans have sacrificed in service to our country, and it is our 
duty to provide them with the adequate support and service commensurate 
to their dedication. I would like to thank my colleague Chairman Hall 
for authoring this bill and I urge passage of H.R. 5892.
  Mr. FILNER. I would yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Filner) that the House suspend the rules 
and pass the bill, H.R. 5892, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. LAMBORN. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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