[House Report 119-100]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-100
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SIMPLIFYING FORMS FOR VETERANS CLAIMS ACT
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May 17, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Bost, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 1286]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1286) to direct the Secretary of Veterans
Affairs to seek to enter into an agreement with a federally
funded research and development center for an assessment of
forms that the Secretary sends to claimants for benefits under
laws administered by the Secretary, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 4
Subcommittee Consideration....................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
Earmarks and Tax and Tariff Benefits............................. 5
Committee Cost Estimate.......................................... 5
Budget Authority and Congressional Budget Office Estimate........ 5
Federal Mandates Statement....................................... 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Statement on Duplication of Federal Programs..................... 7
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Simplifying Forms for Veterans Claims
Act''.
SEC. 2. INDEPENDENT ASSESSMENT OF FORMS THAT THE SECRETARY OF VETERANS
AFFAIRS SENDS TO CLAIMANTS.
(a) Agreement.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall seek to
enter into an agreement with an FFRDC for an assessment of forms that
the Secretary sends to claimants.
(b) Assessment.--An FFRDC that enters to an agreement under
subsection (a) shall submit to the Secretary a written assessment, made
in consultation with covered entities, of such forms. The assessment
shall include the recommendations of the FFRDC regarding how the
Secretary may make such forms clearer to claimants and better
organized.
(c) Report; Implementation.--Not later than 90 days after the
Secretary receives the assessment under subsection (b), the Secretary
shall--
(1) submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a copy of such assessment;
and
(2) implement the recommendations in the assessment that are
in compliance with the laws administered by the Secretary.
(d) Deadline for Implementation.--The Secretary shall complete the
implementation of such recommendations pursuant to subsection (c)(2) by
not later than two years after the date on which the Secretary
commences such implementation.
(e) Definitions.--In this section:
(1) The term ``FFRDC'' means a federally funded research and
development center.
(2) The term ``covered entities'' includes--
(A) the Secretary of Veterans Affairs;
(B) an expert in laws administered by the Secretary
of Veterans Affairs;
(C) a veterans service organization recognized under
section 5902 of title 38, United States Code;
(D) an entity that advocates for veterans; and
(E) an entity that advocates for survivors of
veterans.
(3) The term ``claimant'' has the meaning given such term in
section 5100 of title 38, United States Code.
SEC. 3. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is amended by
striking ``November 30, 2031'' and inserting ``December 31, 2031''.
Purpose and Summary
H.R. 1286, the ``Simplifying Forms for Veterans Claims
Act,'' was introduced by Representative Robert Bresnahan of
Pennsylvania on February 13, 2025. The bill, as amended, would
require the Department of Veterans Affairs (VA) to contract
with a third-party research entity to improve the forms that
veterans and their survivors must complete to initiate and
pursue their claims for VA benefits. The bill, as amended,
would also provide an offset for the cost of this bill by
extending the current law reducing the amount of pension paid
to VA pension beneficiaries who are admitted to a VA or
Medicaid sponsored nursing facility.
Background and Need for Legislation
Section 1: Short Title
This Act may be cited as the ``Simplifying Forms for
Veterans Claims Act.''
Section 2: Independent Assessment of Forms that the Secretary of
Veterans Affairs Sends to Claimants
VA requires that veterans and their survivors complete
certain forms to initiate and continue pursuing their claims
for VA benefits, including claims for disability compensation,
pension, and survivors' benefits. VA uses many types of
standard forms that correspond to steps in the VA claims and
appeals process. Generally, VA must notify the public of any
proposed revisions to such standard forms. It is crucial that
veterans and survivors understand how to fill out each form
completely and accurately, because failure to do so can result
in delays in processing their claim, delays in receiving a
decision on their claim, or a denial of their claim.
At a March 26, 2025, Subcommittee on Disability Assistance
and Memorial Affairs legislative hearing,\1\ the Committee
learned that VA standard forms, including VA's instructions for
completing them, can be disorganized and confusing to navigate
for veterans and beneficiaries.
---------------------------------------------------------------------------
\1\Subcommittee on Disability Assistance and Memorial Affairs
Legislative Hearing | House Committee on Veterans Affairs.
---------------------------------------------------------------------------
In her written testimony for the March 26, 2025,
legislative hearing, Ms. Diane Boyd Rauber, Executive Director,
National Organization of Veterans' Advocates, Inc. (NOVA),
stated that ``VA forms need to be readable, understandable, and
organized.''\2\ In a statement for the record for the March 26,
2025, legislative hearing, Mr. Marquis D. Barefield, Assistant
National Legislative Director, Disabled American Veterans
(DAV), stated: ``The complexity of these forms can be
frustrating to the average person and overwhelming for veterans
with mental health issues and TBI, hindering their ability to
fill out complete, error-free, and timely claims. Making the
forms user-friendly could lead to higher utilization rates and
more accurate claims processing.''\3\
---------------------------------------------------------------------------
\2\Diane Boyd Rauber, Testimony of NOVA (March, 26, 2025), HHRG-
119-VR09-Wstate-BoydRauberD-20250326.pdf (house.gov).
\3\Marquis D. Barefield, Statement For The Record of DAV, (March
26, 2025), HHRG-119-VR09-20250326-SD002.pdf (house.gov).
---------------------------------------------------------------------------
To address this issue, this section would require VA to
contract with a nonpartisan, federally-funded research entity
that would--in collaboration with VA and veterans' and
survivors' advocates--conduct a study on, and provide
recommendations for, revising VA forms to be more
understandable for veterans and their survivors. This section
would also require VA to report those findings to Congress and
implement the recommendations that are compliant with VA law.
The Committee believes that this section is critical for
veterans and their families to have the best chance of
accessing their earned VA benefits. Veterans and their families
should not be subjected to a VA claims process that is more
difficult and stressful than necessary. This section would
ensure that the forms they must complete are improved so that
they can receive timely and accurate decisions on their claims
for benefits.
Section 3: Extension of Certain Limits on Payments of Pension
Under current law (38 U.S.C. Sec. 5503(d)), the amount of
VA pension paid to veterans having no spouse nor child,
veterans' surviving spouses having no child, and veterans'
children who are admitted to a VA or Medicaid sponsored nursing
facility is capped at $90 a month. This section would cover the
costs of the other sections of this bill by extending this
pension limitation by one month to December 31, 2031. Because
they receive government sponsored care in a nursing home, these
pension beneficiaries do not require the full amount of pension
to cover their cost of living. The Committee believes this
short-term extension of the current limit on pension payments
is a reasonable way to cover the costs associated with the
other sections of this bill.
Hearings
On March 26, 2025, the Subcommittee on Disability
Assistance and Memorial Affairs held a legislative hearing on
H.R. 1286 and other bills that were pending before the
subcommittee.
The following witnesses testified:
The Honorable Keith Self, U.S. House of
Representatives; The Honorable Young Kim, U.S. House of
Representatives; The Honorable August Pfluger, U.S.
House of Representatives; The Honorable Rudy Yakym III,
U.S. House of Representatives; The Honorable Tom
Barrett, U.S. House of Representatives; The Honorable
Robert P. Bresnahan, U.S. House of Representatives;
Mrs. Patricia Krisfalusy-Maxon, Sister of Master
Sergeant Dennis Krisfalusy, U.S. Air Force (Retired);
Colonel Andrew Shurtleff, U.S. Air Force (Retired); Ms.
Diane Boyd Rauber, Executive Director, National
Organization of Veterans' Advocates; Ms. Lesley Witter,
Senior Vice President, Advocacy, National Funeral
Directors Association; Ms. Kenesha Britton, Assistant
Deputy Undersecretary, Field Operations, Veterans
Benefits Administration, U.S. Department of Veterans
Affairs; Ms. Jocelyn Moses, Senior Principal Advisor,
Compensation Service, Veterans Benefits Administration,
U.S. Department of Veterans Affairs; Ms. Lisa Pozzebon,
Executive Director, Cemetery Operations, National
Cemetery Administration, U.S. Department of Veterans
Affairs; and Mr. Evan Deichert, Acting Deputy Vice
Chairman, Board of Veterans' Appeals, U.S. Department
of Veterans Affairs.
The following individuals and organizations submitted
statements for the record:
Disabled American Veterans (DAV); Paralyzed Veterans
of America (PVA); Tragedy Assistance Program for
Survivors (TAPS); Veterans of Foreign Wars of the
United States (VFW); and the American Federation of
Government Employees, AFL CIO (AFGE).
Subcommittee Consideration
On April 9, 2025, the Subcommittee on Disability Assistance
and Memorial Affairs met in an open markup session on proposed
legislation, including H.R. 1286. There were no amendments to
this bill. A motion made by Representative McGarvey to
favorably forward H.R. 1286 to the Full Committee was agreed to
by voice vote.
Committee Consideration
On May 6, 2025, the full Committee met in an open markup
session with a quorum being present, and ordered H.R. 1286, as
amended, be reported favorably to the House of Representatives
by voice vote. During consideration of the bill, the following
amendments were considered:
An amendment in the nature of a substitute to H.R.
1286 offered by Chairman Bost would provide an offset
for the other sections of the bill by extending the
current limit on the amount of pension payable to VA
pension beneficiaries who currently have VA or Medicaid
sponsored nursing care. The amendment in the nature of
a substitute was approved by voice vote.
A motion by Ranking Member Takano to report H.R. 1286, as
amended, favorably to the House of Representatives was agreed
to by voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, no recorded votes were taken on
amendments or in connection with ordering H.R. 1286, as
amended, reported to the House.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives of H.R. 1286, as amended, are to ensure
that the VA claims process is veteran-friendly and streamlined
so that veterans and their families can access their earned VA
benefits.
Earmarks and Tax and Tariff Benefits
H.R. 1286, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the Congressional Budget
Office cost estimate on this measure.
Budget Authority and Congressional Budget Office
Cost Estimate
Pursuant to clause (3)(c)(3) of rule XIII of the Rules of
the House of Representatives, the following is the cost
estimate for H.R. 1969, as amended, provided by the
Congressional Budget Office (CBO) pursuant to section 402 of
the Congressional Budget Act of 1974:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 1286 would require the Department of Veterans Affairs
(VA) to enter into an agreement with a federally funded
research and development center (FFRDC) to assess the forms
that the department sends to people who have applied for VA
benefits. The bill also would reduce the amount of VA pensions
the department pays to certain veterans and survivors who
reside in nursing homes.
Spending subject to appropriation: Section 2 would require
VA to enter into an agreement with an FFRDC to assess forms
sent to claimants for benefits administered by VA. (FFRDCs are
public-private partnerships between the federal government and
universities or corporations that conduct research and
development for the federal government.) The FFRDC would
consult with organizations and individuals who assist veterans
to determine if such forms could be better organized and
clearer to claimants. The bill would require VA to submit the
assessment to the Congress and implement any such
recommendations within two years of receipt of the assessment.
Using information on the cost of similar studies, CBO estimates
that the assessment would cost $1 million in fiscal year 2026.
Based on information from VA, CBO estimates that it would cost
the department $1 million to analyze and implement the
assessment's recommendations.
In total, implementing section 2 would cost $2 million over
the 2025-2035 period. Such spending would be subject to the
availability of appropriations (See Table 1).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 1286
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By fiscal year, millions of dollars--
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2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2025-2030 2025-2035
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization.............................. * 1 * 1 0 0 0 0 0 0 0 2 2
Estimated Outlays.................................... * 1 * 1 0 0 0 0 0 0 0 2 2
DECREASES (-) IN DIRECT SPENDING
Budget Authority..................................... 0 0 0 0 0 0 0 -4 0 0 0 0 -4
Estimated Outlays.................................... 0 0 0 0 0 0 0 -4 0 0 0 0 -4
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* = between zero and $500,000.
Direct spending: Section 3 would extend through December
31, 2031, the reduction of pension payments for veterans and
survivors who reside in a Medicaid nursing home. Under current
law, VA reduces payments to those beneficiaries to $90 per
month. The requirement to reduce pension payments expires on
November 30, 2031. CBO estimates that extending that
requirement by one month would reduce VA benefits by $10
million. (Those benefits are paid from mandatory appropriations
and are therefore considered direct spending.) As a result of
that reduction in beneficiaries' income, Medicaid would pay
more of the cost of their care, increasing spending in that
program by $6 million. On net, capping pensions for the
approximately 4,000 veterans and survivors in Medicaid nursing
homes would reduce outlays by $4 million over the 2025-2035
period.
The CBO staff contact for this estimate is Logan Smith. The
estimate was reviewed by Christina Hawley Anthony, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4 is inapplicable to H.R. 1286, as
amended.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1286, as amended.
Applicability to Legislative Branch
The Committee finds that H.R. 1286, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1286, as amended, would establish or reauthorize a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 would establish the short title of the bill as
the ``Simplifying Forms for Veterans Claims Act.''
Section 2. Independent assessment of forms that the Secretary of
Veterans Affairs sends to claimants
This section would require VA, no later than 30 days after
the date of the enactment of this Act, to seek to enter into an
agreement with a federally funded research and development
center (FFRDC) to--in consultation with VA, legal experts, and
veterans' and survivors' advocates--to assess VA forms and
provide recommendations how VA may make those forms clearer and
better organized. This section would also require VA to submit
a copy of the assessment to the Committees on Veterans' Affairs
of the Senate and the House of Representatives. This section
would also require VA, within 90 days after receiving such
assessment, to implement the recommendations that are complaint
with VA law, and complete such implementation within two years.
Section 3. Extension of certain limits on payments of pension
This section would extend the limitation of pension payable
to certain veterans, their surviving spouses, and their
children as established in section 5503(d)(7) of title 38,
United States Code, from November 30, 2031, to December 31,
2031.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART IV--GENERAL ADMINISTRATIVE
PROVISIONS
* * * * * * *
CHAPTER 55--MINORS, INCOMPETENTS, AND OTHER
WARDS
* * * * * * *
Sec. 5503. Hospitalized veterans and estates of incompetent
institutionalized veterans
(a)(1)(A) Where any veteran having neither spouse nor child
is being furnished domiciliary care by the Department, no
pension in excess of $90 per month shall be paid to or for the
veteran for any period after the end of the third full calendar
month following the month of admission for such care.
(B) Except as provided in subparagraph (D) of this paragraph,
where any veteran having neither spouse nor child is being
furnished nursing home care by the Department, no pension in
excess of $90 per month shall be paid to or for the veteran for
any period after the end of the third full calendar month
following the month of admission for such care. Any amount in
excess of $90 per month to which the veteran would be entitled
but for the application of the preceding sentence shall be
deposited in a revolving fund at the Department medical
facility which furnished the veteran nursing care, and such
amount shall be available for obligation without fiscal year
limitation to help defray operating expenses of that facility.
(C) No pension in excess of $90 per month shall be paid to or
for a veteran having neither spouse nor child for any period
after the month in which such veteran is readmitted for care
described in subparagraph (A) or (B) of this paragraph and
furnished by the Department if such veteran is readmitted
within six months of a period of care in connection with which
pension was reduced pursuant to subparagraph (A) or (B) of this
paragraph.
(D) In the case of a veteran being furnished nursing home
care by the Department and with respect to whom subparagraph
(B) of this paragraph requires a reduction in pension, such
reduction shall not be made for a period of up to three
additional calendar months after the last day of the third
month referred to in such subparagraph if the Secretary
determines that the primary purpose for the furnishing of such
care during such additional period is for the Department to
provide such veteran with a prescribed program of
rehabilitation services, under chapter 17 of this title,
designed to restore such veteran's ability to function within
such veteran's family and community. If the Secretary
determines that it is necessary, after such period, for the
veteran to continue such program of rehabilitation services in
order to achieve the purposes of such program and that the
primary purpose of furnishing nursing home care to the veteran
continues to be the provision of such program to the veteran,
the reduction in pension required by subparagraph (B) of this
paragraph shall not be made for the number of calendar months
that the Secretary determines is necessary for the veteran to
achieve the purposes of such program.
(2) The provisions of paragraph (1) shall also apply to a
veteran being furnished such care who has a spouse but whose
pension is payable under section 1521(b) of this title. In such
a case, the Secretary may apportion and pay to the spouse, upon
an affirmative showing of hardship, all or any part of the
amounts in excess of the amount payable to the veteran while
being furnished such care which would be payable to the veteran
if pension were payable under section 1521(c) of this title.
(b) Notwithstanding any other provision of this section or
any other provision of law, no reduction shall be made in the
pension of any veteran for any part of the period during which
the veteran is furnished hospital treatment, or institutional
or domiciliary care, for Hansen's disease, by the United States
or any political subdivision thereof.
(c) Where any veteran in receipt of an aid and attendance
allowance described in subsection (r) or (t) of section 1114 of
this title is hospitalized at Government expense, such
allowance shall be discontinued from the first day of the
second calendar month which begins after the date of the
veteran's admission for such hospitalization for so long as
such hospitalization continues. Any discontinuance required by
administrative regulation, during hospitalization of a veteran
by the Department, of increased pension based on need of
regular aid and attendance or additional compensation based on
need of regular aid and attendance as described in subsection
(l) or (m) of section 1114 of this title, shall not be
effective earlier than the first day of the second calendar
month which begins after the date of the veteran's admission
for hospitalization. In case a veteran affected by this
subsection leaves a hospital against medical advice and is
thereafter admitted to hospitalization within six months from
the date of such departure, such allowance, increased pension,
or additional compensation, as the case may be, shall be
discontinued from the date of such readmission for so long as
such hospitalization continues.
(d)(1) For the purposes of this subsection--
(A) the term ``Medicaid plan'' means a State plan for
medical assistance referred to in section 1902(a) of
the Social Security Act (42 U.S.C. 1396a(a)); and
(B) the term ``nursing facility'' means a nursing
facility described in section 1919 of such Act (42
U.S.C. 1396r), other than a facility that is a State
home with respect to which the Secretary makes per diem
payments for nursing home care pursuant to section
1741(a) of this title.
(2) If a veteran having neither spouse nor child is covered
by a Medicaid plan for services furnished such veteran by a
nursing facility, no pension in excess of $90 per month shall
be paid to or for the veteran for any period after the month of
admission to such nursing facility.
(3) Notwithstanding any provision of title XIX of the Social
Security Act, the amount of the payment paid a nursing facility
pursuant to a Medicaid plan for services furnished a veteran
may not be reduced by any amount of pension permitted to be
paid such veteran under paragraph (2) of this subsection.
(4) A veteran is not liable to the United States for any
payment of pension in excess of the amount permitted under this
subsection that is paid to or for the veteran by reason of the
inability or failure of the Secretary to reduce the veteran's
pension under this subsection unless such inability or failure
is the result of a willful concealment by the veteran of
information necessary to make a reduction in pension under this
subsection.
(5)(A) The provisions of this subsection shall apply with
respect to a surviving spouse having no child in the same
manner as they apply to a veteran having neither spouse nor
child.
(B) The provisions of this subsection shall apply with
respect to a child entitled to pension under section 1542 of
this title in the same manner as they apply to a veteran having
neither spouse nor child.
(6) The costs of administering this subsection shall be paid
for from amounts available to the Department of Veterans
Affairs for the payment of compensation and pension.
(7) This subsection expires on [November 30, 2031] December
31, 2031.
* * * * * * *
[all]