**H.R. 5892**

**Veterans Disability Benefits Claims Modernization Act of 2008**

**Title:** 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.

**Mr. Hall** of New York introduced H.R. 5892 on April 24, 2008

**H.R. 5892 would:**

1.  Clarify the definition of "combat with the enemy" under title 38,
    Section 1154, to include active service in a theater of combat
    operations (as determined by the Secretary in consultation with the
    Secretary of Defense) during a period of war; or in combat against a
    hostile force during a period of hostilities.

2.  Require Secretary to conduct a study on adjusting the VA Schedule
    for Rating Disabilities (VASRD) taking into account loss of quality
    of life, loss of earnings capacity, and vocation encouragement
    within 180 days of enactment.

3.  Require submission of a proposed plan and timeline to Congress that
    readjusts the VASRD using current medical and technological
    concepts, practices, and standards, for not later than 3 years.

4.  Require the establishment of a VASRD 18-member Advisory Panel of
    leading experts who would advise Secretary on revising and
    readjusting the VASRD and provide annual reports to Congress.

5.  Require the Secretary to conduct a study on its work credit system
    focusing on improving the quality, performance, accuracy of claims,
    and report to Congress on how it plans to implement a new system for
    measuring work production within 180 days of enactment and to
    suspend the work credit system if it does not devise a new system
    for measuring work production.

6.  Require Secretary to conduct a study and report on the work
    management system of the VBA (currently CPI) focusing on increasing
    accountability of claims processing to Congress within 180 days of
    enactment.

7.  Mandate a certification examination of relevant VBA claims
    processing personnel and managers and would require the Secretary to
    contract with an outside entity to conduct an evaluation of VBA's
    training and quality assurance programs within 180 days enactment.

8.  Require the Secretary to contract for an annual quality assurance
    assessment that measures a statistically valid sample of VBA
    employees and their work product for accuracy, consistency, and
    reliability and to track outcome trends. This information gathered
    would also be used to inform training and certification requirements
    under Section 105 of the bill.

9.  Require the Secretary to set a policy within 180 days of enactment
    for veterans to be able to submit claims and declare them fully
    developed and "ready to rate" at the time of submission and receive
    a rating within 90 days.

10. Require the Secretary to create a checklist for claims specific
    requests of additional evidence.

11. Allow the Secretary 90 days to study the parameters for the VBA to
    hire medical professionals to assist VBA personnel responsible for
    processing and adjudicating claims as a reference resource, but not
    to contribute to the rating or to influence rating decisions.

12. Codify the practice of providing partial ratings for severely and
    very severely injured veterans to be rated on the most obvious
    conditions while deferring other issues for which a rating is not
    immediately assignable within 30 days of enactment.

13. Require the Secretary to develop a plan to implement comprehensive
    information technology upgrades, including web portals, rule-based
    expert systems, and decision support software within one year to
    enhance its claims processing capabilities and to rate claims within
    the time period VA identifies in its Annual Performance Report to
    Congress.

14. Allow an eligible survivor to become a substitute claimant upon the
    death of a veteran in order to continue the claim and to submit
    additional evidence up to one year after the death of veteran. Only
    one accrued claim could be pursued at a time. Would be effective
    upon enactment.

15. Mandate the Court of Appeals for Veterans Claims to report
    additional workload data to Congress upon enactment.

16. Modifie the jurisdiction and finality of the Court's decisions on
    veterans' claims to give the Court greater discretion to decide all
    issues presented except in the case of a reversal.

**Legislative History:**

> Apr. 10, 2008: Legislative hearing held by the Subcommittee on
> Disability Assistance and Memorial Affairs.
>
> Apr. 24, 2008: Ordered reported to the Full Committee by the
> Subcommittee on Disability Assistance and Memorial Affairs.
>
> Apr. 30, 2008: Ordered reported by the Committee on Veterans' Affairs.