38 U.S.C. § 1117 (2024) — Title 38: VETERANS' BENEFITS / Chapter 11 / Subchapter II / Section 1117: Compensation for disabilities occurring in Persian Gulf War veterans
Compensation for disabilities occurring in Persian Gulf War veterans
Status: in_force

(a)(1) The Secretary may pay compensation under this subchapter to a Persian Gulf veteran with a qualifying chronic disability that became manifest to any degree at any time.

(2) For purposes of this subsection, the term "qualifying chronic disability" means a chronic disability resulting from any of the following (or any combination of any of the following):

(A) An undiagnosed illness.

(B) A medically unexplained chronic multisymptom illness (such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome) that is defined by a cluster of signs or symptoms.

(C) Any diagnosed illness that the Secretary determines in regulations prescribed under subsection (c) warrants a presumption of service-connection.

(b)(1) Whenever the Secretary determines under section 1118(c) 1 of this title that a presumption of service connection previously established under this section is no longer warranted—

(A) a veteran who was awarded compensation under this section on the basis of the presumption shall continue to be entitled to receive compensation under this section on that basis; and

(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis.

(2) This subsection shall cease to be effective on September 30, 2011.

(c)(1) The Secretary shall prescribe regulations to carry out this section.

(2) Those regulations shall include the following:

(A) A description of the period and geographical area or areas of military service in connection with which compensation under this section may be paid.

(B) A description of the illnesses for which compensation under this section may be paid.

(C) A description of any relevant medical characteristic (such as a latency period) associated with each such illness.

(d) If a Persian Gulf veteran at a medical facility of the Department presents with any one symptom associated with Gulf War Illness, the Secretary shall ensure that health care personnel of the Department use a disability benefits questionnaire, or successor questionnaire, designed to identify Gulf War Illness, in addition to any other diagnostic actions the personnel determine appropriate.

(e) A disability for which compensation under this subchapter is payable shall be considered to be service connected for purposes of all other laws of the United States.

(f) For purposes of this section, the term "Persian Gulf veteran" means a veteran who served on active duty in the Armed Forces in the Southwest Asia theater of operations, Afghanistan, Israel, Egypt, Turkey, Syria, or Jordan, during the Persian Gulf War.

(g) For purposes of this section, signs or symptoms that may be a manifestation of an undiagnosed illness or a chronic multisymptom illness include the following:

(1) Fatigue.

(2) Unexplained rashes or other dermatological signs or symptoms.

(3) Headache.

(4) Muscle pain.

(5) Joint pain.

(6) Neurological signs and symptoms.

(7) Neuropsychological signs or symptoms.

(8) Signs or symptoms involving the upper or lower respiratory system.

(9) Sleep disturbances.

(10) Gastrointestinal signs or symptoms.

(11) Cardiovascular signs or symptoms.

(12) Abnormal weight loss.

(13) Menstrual disorders.

(h)(1) If the Secretary determines with respect to a medical research project sponsored by the Department that it is necessary for the conduct of the project that Persian Gulf veterans in receipt of compensation under this section or section 1118 of this title participate in the project without the possibility of loss of service connection under either such section, the Secretary shall provide that service connection granted under either such section for disability of a veteran who participated in the research project may not be terminated. Except as provided in paragraph (2), notwithstanding any other provision of law any grant of service-connection protected under this subsection shall remain service-connected for purposes of all provisions of law under this title.

(2) Paragraph (1) does not apply in a case in which—

(A) the original award of compensation or service connection was based on fraud; or

(B) it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge.

(3) The Secretary shall publish in the Federal Register a list of medical research projects sponsored by the Department for which service connection granted under this section or section 1118 of this title may not be terminated pursuant to paragraph (1).

(i)(1) The Secretary shall take such actions as may be necessary to ensure that health care personnel of the Department are appropriately trained to effectively carry out this section.

(2) Not less frequently than once each year, the Secretary shall submit to Congress a report on the actions taken by the Secretary to carry out paragraph (1).

(Added Pub. L. 103–446, title I, §106(a)(1), Nov. 2, 1994, 108 Stat. 4650; amended Pub. L. 105–277, div. C, title XVI, §1602(c), Oct. 21, 1998, 112 Stat. 2681–744; Pub. L. 107–103, title II, §§202(a), (b)(1), (d)(1), 203(a), Dec. 27, 2001, 115 Stat. 988, 989; Pub. L. 109–233, title V, §503(1), June 15, 2006, 120 Stat. 415; Pub. L. 117–168, title IV, §405, Aug. 10, 2022, 136 Stat. 1783.)

Editorial Notes

References in Text

Section 1118(c) of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 117–168, title II, §202(d)(3)(A), Aug. 10, 2022, 136 Stat. 1775.

Amendments

2022—Subsec. (a)(1). Pub. L. 117–168, §405(a), substituted "became manifest to any degree at any time." for "became manifest—

"(A) during service on active duty in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; or

"(B) to a degree of 10 percent or more during the presumptive period prescribed under subsection (b)."

Subsec. (a)(2)(C). Pub. L. 117–168, §405(b)(3), substituted "under subsection (c)" for "under subsection (d)".

Subsecs. (b), (c). Pub. L. 117–168, §405(b)(1), (2), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which read as follows: "The Secretary shall prescribe by regulation the period of time following service in the Southwest Asia theater of operations during the Persian Gulf War that the Secretary determines is appropriate for presumption of service connection for purposes of this section. The Secretary's determination of such period of time shall be made following a review of any available credible medical or scientific evidence and the historical treatment afforded disabilities for which manifestation periods have been established and shall take into account other pertinent circumstances regarding the experiences of veterans of the Persian Gulf War."

Subsec. (d). Pub. L. 117–168, §405(b)(2), (c), added subsec. (d) and redesignated former subsec. (d) as (c).

Subsec. (f). Pub. L. 117–168, §405(d), inserted ", Afghanistan, Israel, Egypt, Turkey, Syria, or Jordan," after "operations".

Subsec. (i). Pub. L. 117–168, §405(e), added subsec. (i).

2006—Subsec. (h)(1). Pub. L. 109–233 substituted "notwithstanding" for "nothwithstanding".

2001—Subsec. (a). Pub. L. 107–103, §202(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Secretary may pay compensation under this subchapter to any Persian Gulf veteran suffering from a chronic disability resulting from an undiagnosed illness (or combination of undiagnosed illnesses) that—

"(1) became manifest during service on active duty in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; or

"(2) became manifest to a degree of 10 percent or more within the presumptive period prescribed under subsection (b)."

Subsec. (c)(1). Pub. L. 107–103, §202(a)(2)(A), struck out "for an undiagnosed illness (or combination of undiagnosed illnesses)" after "service connection" in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 107–103, §202(a)(2)(B), struck out "for such illness (or combination of illnesses)" after "awarded compensation under this section".

Subsec. (c)(2). Pub. L. 107–103, §202(d)(1), substituted "on September 30, 2011" for "10 years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998".

Subsec. (g). Pub. L. 107–103, §202(b)(1), added subsec. (g).

Subsec. (h). Pub. L. 107–103, §203(a), added subsec. (h).

1998—Subsecs. (c) to (f). Pub. L. 105–277 added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Pub. L. 107–103, title II, §202(c), Dec. 27, 2001, 115 Stat. 989, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 1118 of this title] shall take effect on March 1, 2002."

Pub. L. 107–103, title II, §203(b), Dec. 27, 2001, 115 Stat. 990, provided that: "The authority provided by subsection (h) of section 1117 of title 38, United States Code, as added by subsection (a), may be used by the Secretary of Veterans Affairs with respect to any medical research project of the Department of Veterans Affairs, whether commenced before, on, or after the date of the enactment of this Act [Dec. 27, 2001]."

Regulations

Pub. L. 103–446, title I, §106(d), Nov. 2, 1994, 108 Stat. 4651, provided that: "If the Secretary states in the report under subsection (c) [set out below] that the Secretary intends to pay compensation as provided in section 1117 of title 38, United States Code, as added by subsection (a), the Secretary shall, not later than 30 days after the date on which such report is submitted, publish in the Federal Register proposed regulations under subsections (b) and (c) of that section."

Agreement With National Academy of Sciences Regarding Evaluation of Health Consequences of Service in Southwest Asia During the Persian Gulf War

Pub. L. 105–368, title I, §101, Nov. 11, 1998, 112 Stat. 3317, as amended by Pub. L. 111–275, title VIII, §806(b)(1), (2), Oct. 13, 2010, 124 Stat. 2891, provided that the Secretary of Veterans Affairs was to enter into an agreement with the National Academy of Sciences to review and evaluate the available scientific evidence regarding associations between illness and service in the Southwest Asia theater of operations during the Persian Gulf War, and that the section would cease to be effective on Oct. 1, 2018.

Improving Effectiveness of Care of Persian Gulf War Veterans

Pub. L. 105–368, title I, §105, Nov. 11, 1998, 112 Stat. 3324, provided that:

"(a) Assessment by National Academy of Sciences.—Not later than April 1, 1999, the Secretary of Veterans Affairs shall enter into a contract with the National Academy of Sciences to review the available scientific data in order to—

"(1) assess whether a methodology could be used by the Department of Veterans Affairs for determining the efficacy of treatments furnished to, and health outcomes (including functional status) of, Persian Gulf War veterans who have been treated for illnesses which may be associated with their service in the Persian Gulf War; and

"(2) identify, to the extent feasible, with respect to each undiagnosed illness prevalent among such veterans and for any other chronic illness that the Academy determines to warrant such review, empirically valid models of treatment for such illness which employ successful treatment modalities for populations with similar symptoms.

"(b) Action on Report.—(1) After receiving the final report of the National Academy of Sciences under subsection (a), the Secretary shall, if a reasonable and scientifically feasible methodology is identified by the Academy, develop an appropriate mechanism to monitor and study the effectiveness of treatments furnished to, and health outcomes of, Persian Gulf War veterans who suffer from diagnosed and undiagnosed illnesses which may be associated with their service in the Persian Gulf War.

"(2) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the implementation of paragraph (1).

"(3) The Secretary shall carry out paragraphs (1) and (2) not later than 180 days after receiving the final report of the National Academy of Sciences under subsection (a)."

Agreement With National Academy of Sciences Regarding Toxic Drugs and Illnesses Associated With Gulf War

Pub. L. 105–277, div. C, title XVI, §§1603–1605, Oct. 21, 1998, 112 Stat. 2681–745 to 2681–748, as amended by Pub. L. 107–103, title II, §202(d)(2), Dec. 27, 2001, 115 Stat. 989; Pub. L. 111–275, title VIII, §806(a), (b)(3), Oct. 13, 2010, 124 Stat. 2890, 2893, provided that:

"SEC. 1603. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.

"(a) Purpose.—The purpose of this section is to provide for the National Academy of Sciences, an independent nonprofit scientific organization with appropriate expertise, to review and evaluate the available scientific evidence regarding associations between illnesses and exposure to toxic agents, environmental or wartime hazards, or preventive medicines or vaccines associated with Gulf War service.

"(b) Agreement.—The Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academy of Sciences for the Academy to perform the activities covered by this section. The Secretary shall seek to enter into the agreement not later than two months after the date of enactment of this Act [Oct. 21, 1998].

"(c) Identification of Agents and Illnesses.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall—

"(A) identify the biological, chemical, or other toxic agents, environmental or wartime hazards, or preventive medicines or vaccines to which members of the Armed Forces who may have been exposed by reason of service in the Southwest Asia theater of operations during the Persian Gulf War or, after September 11, 2001, in another Post-9/11 Global Theater of Operations; and

"(B) identify the illnesses (including diagnosed illnesses and undiagnosed illnesses) that are manifest in such members.

"(2) In identifying illnesses under paragraph (1)(B), the Academy shall review and summarize the relevant scientific evidence regarding illnesses among the members described in paragraph (1)(A) and among other appropriate populations of individuals, including mortality, symptoms, and adverse reproductive health outcomes among such members and individuals.

"(d) Initial Consideration of Specific Agents.—(1) In identifying under subsection (c) the agents, hazards, or preventive medicines or vaccines to which members of the Armed Forces may have been exposed for purposes of the first report under subsection (i), the National Academy of Sciences shall consider, within the first six months after the date of enactment of this Act [Oct. 21, 1998], the following:

"(A) The following organophosphorous pesticides:

"(i) Chlorpyrifos.

"(ii) Diazinon.

"(iii) Dichlorvos.

"(iv) Malathion.

"(B) The following carbamate pesticides:

"(i) Proxpur.

"(ii) Carbaryl.

"(iii) Methomyl.

"(C) The carbamate pyridostigmine bromide used as nerve agent prophylaxis.

"(D) The following chlorinated hydrocarbon and other pesticides and repellents:

"(i) Lindane.

"(ii) Pyrethrins.

"(iii) Permethrins.

"(iv) Rodenticides (bait).

"(v) Repellent (DEET).

"(E) The following low-level nerve agents and precursor compounds at exposure levels below those which produce immediately apparent incapacitating symptoms:

"(i) Sarin.

"(ii) Tabun.

"(F) The following synthetic chemical compounds:

"(i) Mustard agents at levels below those which cause immediate blistering.

"(ii) Volatile organic compounds.

"(iii) Hydrazine.

"(iv) Red fuming nitric acid.

"(v) Solvents.

"(vi) Uranium.

"(G) The following ionizing radiation:

"(i) Depleted uranium.

"(ii) Microwave radiation.

"(iii) Radio frequency radiation.

"(H) The following environmental particulates and pollutants:

"(i) Hydrogen sulfide.

"(ii) Oil fire byproducts.

"(iii) Diesel heater fumes.

"(iv) Sand micro-particles.

"(I) Diseases endemic to the region (including the following):

"(i) Leishmaniasis.

"(ii) Sandfly fever.

"(iii) Pathogenic escherechia coli.

"(iv) Shigellosis.

"(J) Time compressed administration of multiple live, 'attenuated', and toxoid vaccines.

"(2) The consideration of agents, hazards, and medicines and vaccines under paragraph (1) shall not preclude the Academy from identifying other agents, hazards, or medicines or vaccines to which members of the Armed Forces may have been exposed for purposes of any report under subsection (i).

"(3) Not later than six months after the date of enactment of this Act [Oct. 21, 1998], the Academy shall submit to the designated congressional committees a report specifying the agents, hazards, and medicines and vaccines considered under paragraph (1).

"(e) Determinations of Associations Between Agents and Illnesses.—(1) For each agent, hazard, or medicine or vaccine and illness identified under subsection (c), the National Academy of Sciences shall determine, to the extent that available scientific data permit meaningful determinations—

"(A) whether a statistical association exists between exposure to the agent, hazard, or medicine or vaccine and the illness, taking into account the strength of the scientific evidence and the appropriateness of the scientific methodology used to detect the association;

"(B) the increased risk of the illness among human or animal populations exposed to the agent, hazard, or medicine or vaccine; and

"(C) whether a plausible biological mechanism or other evidence of a causal relationship exists between exposure to the agent, hazard, or medicine or vaccine and the illness.

"(2) The Academy shall include in its reports under subsection (i) a full discussion of the scientific evidence and reasoning that led to its conclusions under this subsection.

"(f) Review of Potential Treatment Models for Certain Illnesses.—Under the agreement under subsection (b), the National Academy of Sciences shall separately review, for each chronic undiagnosed illness identified under subsection (c)(1)(B) and for any other chronic illness that the Academy determines to warrant such review, the available scientific data in order to identify empirically valid models of treatment for such illnesses which employ successful treatment modalities for populations with similar symptoms.

"(g) Recommendations for Additional Scientific Studies.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall make any recommendations that it considers appropriate for additional scientific studies (including studies relating to treatment models) to resolve areas of continuing scientific uncertainty relating to the health consequences of exposure to toxic agents, environmental or wartime hazards, or preventive medicines or vaccines associated with service described in subsection (c)(1)(A).

"(2) In making recommendations for additional studies, the Academy shall consider the available scientific data, the value and relevance of the information that could result from such studies, and the cost and feasibility of carrying out such studies.

"(h) Subsequent Reviews.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall conduct on a periodic and ongoing basis additional reviews of the evidence and data relating to its activities under this section.

"(2) As part of each review under this subsection, the Academy shall—

"(A) conduct as comprehensive a review as is practicable of the evidence referred to in subsection (c) and the data referred to in subsections (e), (f), and (g) that became available since the last review of such evidence and data under this section; and

"(B) make determinations under the subsections referred to in subparagraph (A) on the basis of the results of such review and all other reviews previously conducted for purposes of this section.

"(i) Reports.—(1) Under the agreement under subsection (b), the National Academy of Sciences shall submit to the committees and officials referred to in paragraph (6) periodic written reports regarding the Academy's activities under the agreement.

"(2) The first report under paragraph (1) shall be submitted not later than 18 months after the date of enactment of this Act [Oct. 21, 1998]. That report shall include—

"(A) the determinations and discussion referred to in subsection (e);

"(B) the results of the review of models of treatment under subsection (f); and

"(C) any recommendations of the Academy under subsection (g).

"(3) Reports shall be submitted under this subsection at least once every two years, as measured from the date of the report under paragraph (2).

"(4) In any report under this subsection (other than the report under paragraph (2)), the Academy may specify an absence of meaningful developments in the scientific or medical community with respect to the activities of the Academy under this section during the 2-year period ending on the date of such report.

"(5) In each report under this subsection submitted after the date of the enactment of this paragraph [Oct. 13, 2010], any determinations, results, and recommendations as described in paragraph (2) shall be submitted separately as follows:

"(A) For the Southwest Asia theater of operations for the period of the Persian Gulf War ending on September 11, 2001.

"(B) For the Post-9/11 Global Theaters of Operations for the period of the Persian Gulf War beginning on September 11, 2001.

"(6) Reports under this subsection shall be submitted to the following:

"(A) The designated congressional committees.

"(B) The Secretary of Veterans Affairs.

"(C) The Secretary of Defense.

"(j) Sunset.—This section shall cease to be effective on October 1, 2015.

"(k) Alternative Contract Scientific Organization.—(1) If the Secretary is unable within the time period set forth in subsection (b) to enter into an agreement with the National Academy of Sciences for the purposes of this section on terms acceptable to the Secretary, the Secretary shall seek to enter into an agreement for purposes of this section with another appropriate scientific organization that is not part of the Government, operates as a not-for-profit entity, and has expertise and objectivity comparable to that of the National Academy of Sciences.

"(2) If the Secretary enters into an agreement with another organization under this subsection, any reference in this section and section 1118 of title 38, United States Code (as added by section 1602(a)), to the National Academy of Sciences shall be treated as a reference to such other organization.

"(l) Definitions.—In this section:

"(1) The term 'Persian Gulf War' has the meaning given that term in section 101(33) of title 38, United States Code.

"(2) The term 'Post-9/11 Global Theater of Operations' means Afghanistan, Iraq, and any other theater of operations for which the Global War on Terrorism Expeditionary Medal is awarded for service.

"[SEC. 1604. Repealed. Pub. L. 111–275, title VIII, §806(b)(3), Oct. 13, 2010, 124 Stat. 2893.]

"SEC. 1605. DEFINITIONS.

"In this title [enacting section 1118 of this title, amending this section and section 1113 of this title, and enacting this note and provisions set out as a note under section 101 of this title]:

"(1) The term 'toxic agent, environmental or wartime hazard, or preventive medicine or vaccine associated with Gulf War service' means a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine that is known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War, whether such association arises as a result of single, repeated, or sustained exposure and whether such association arises through exposure singularly or in combination.

"(2) The term 'designated congressional committees' means the following:

"(A) The Committees on Veterans' Affairs and Armed Services of the Senate.

"(B) The Committees on Veterans' Affairs and National Security [now Armed Services] of the House of Representatives.

"(3) The term 'Persian Gulf War' has the meaning given that term in section 101(33) of title 38, United States Code."

Persian Gulf War Veterans' Benefits

Pub. L. 103–446, title I, §§102–105, 107, 109, 110, Nov. 2, 1994, 108 Stat. 4647–4650, 4652–4654, as amended by Pub. L. 104–262, title III, §352(a), Oct. 9, 1996, 110 Stat. 3210; Pub. L. 105–368, title I, §107, Nov. 11, 1998, 112 Stat. 3325; Pub. L. 106–117, title II, §205(b), (c), Nov. 30, 1999, 113 Stat. 1563; Pub. L. 115–182, title I, §144(a)(3), June 6, 2018, 132 Stat. 1430, provided that:

"SEC. 102. FINDINGS.

"The Congress makes the following findings:

"(1) During the Persian Gulf War, members of the Armed Forces were exposed to numerous potentially toxic substances, including fumes and smoke from military operations, oil well fires, diesel exhaust, paints, pesticides, depleted uranium, infectious agents, investigational drugs and vaccines, and indigenous diseases, and were also given multiple immunizations. It is not known whether these servicemembers were exposed to chemical or biological warfare agents. However, threats of enemy use of chemical and biological warfare heightened the psychological stress associated with the military operation.

"(2) Significant numbers of veterans of the Persian Gulf War are suffering from illnesses, or are exhibiting symptoms of illness, that cannot now be diagnosed or clearly defined. As a result, many of these conditions or illnesses are not considered to be service connected under current law for purposes of benefits administered by the Department of Veterans Affairs.

"(3) The National Institutes of Health Technology Assessment Workshop on the Persian Gulf Experience and Health, held in April 1994, concluded that the complex biological, chemical, physical, and psychological environment of the Southwest Asia theater of operations produced complex adverse health effects in Persian Gulf War veterans and that no single disease entity or syndrome is apparent. Rather, it may be that the illnesses suffered by those veterans result from multiple illnesses with overlapping symptoms and causes that have yet to be defined.

"(4) That workshop concluded that the information concerning the range and intensity of exposure to toxic substances by military personnel in the Southwest Asia theater of operations is very limited and that such information was collected only after a considerable delay.

"(5) In response to concerns regarding the health-care needs of Persian Gulf War veterans, particularly those who suffer from illnesses or conditions for which no diagnosis has been made, the Congress, in Public Law 102–585 [see Short Title of 1992 Amendments note under section 101 of this title], directed the establishment of a Persian Gulf War Veterans Health Registry, authorized health examinations for veterans of the Persian Gulf War, and provided for the National Academy of Sciences to conduct a comprehensive review and assessment of information regarding the health consequences of military service in the Persian Gulf theater of operations and to develop recommendations on avenues for research regarding such health consequences. In Public Law 103–210 [see Tables for classification], the Congress authorized the Department of Veterans Affairs to provide health care services on a priority basis to Persian Gulf War veterans. The Congress also provided in Public Law 103–160 (the National Defense Authorization Act for Fiscal Year 1994) [see Tables for classification] for the establishment of a specialized environmental medical facility for the conduct of research into the possible health effects of exposure to low levels of hazardous chemicals, especially among Persian Gulf veterans, and for research into the possible health effects of battlefield exposure in such veterans to depleted uranium.

"(6) In response to concerns about the lack of objective research on Gulf War illnesses, Congress included research provisions in the National Defense Authorization Act for Fiscal Year 1995 [Pub. L. 103–337, see Tables for classification], which was passed by the House and Senate in September 1994. This legislation requires the Secretary of Defense to provide research grants to non-Federal researchers to support three types of studies of the Gulf War syndrome. The first type of study will be an epidemiological study or studies of the incidence, prevalence, and nature of the illness and symptoms and the risk factors associated with symptoms or illnesses. This will include illnesses among spouses and birth defects and illnesses among offspring born before and after the Gulf War. The second group of studies shall be conducted to determine the health consequences of the use of pyridostigmine bromide as a pretreatment antidote enhancer during the Persian Gulf War, alone or in combination with exposure to pesticides, environmental toxins, and other hazardous substances. The final group of studies shall include clinical research and other studies on the causes, possible transmission, and treatment of Gulf War syndrome, and will include studies of veterans and their spouses and children.

"(7) Further research and studies must be undertaken to determine the underlying causes of the illnesses suffered by Persian Gulf War veterans and, pending the outcome of such research, veterans who are seriously ill as the result of such illnesses should be given the benefit of the doubt and be provided compensation benefits to offset the impairment in earnings capacities they may be experiencing.

"SEC. 103. PURPOSES.

"The purposes of this title [see Short Title of 1994 Amendments note under section 101 of this title] are—

"(1) to provide compensation to Persian Gulf War veterans who suffer disabilities resulting from illnesses that cannot now be diagnosed or defined, and for which other causes cannot be identified;

"(2) to require the Secretary of Veterans Affairs to develop at the earliest possible date case assessment strategies and definitions or diagnoses of such illnesses;

"(3) to promote greater outreach to Persian Gulf War veterans and their families to inform them of ongoing research activities, as well as the services and benefits to which they are currently entitled; and

"(4) to ensure that research activities and accompanying surveys of Persian Gulf War veterans are appropriately funded and undertaken by the Department of Veterans Affairs.

"SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PROTOCOL.

"(a) Uniform Medical Evaluation Protocol.—(1) The Secretary of Veterans Affairs shall develop and implement a uniform and comprehensive medical evaluation protocol that will ensure appropriate medical assessment, diagnosis, and treatment of Persian Gulf War veterans who are suffering from illnesses the origins of which are (as of the date of the enactment of this Act [Nov. 2, 1994]) unknown and that may be attributable to service in the Southwest Asia theater of operations during the Persian Gulf War. The protocol shall include an evaluation of complaints relating to illnesses involving the reproductive system.

"(2) If such a protocol is not implemented before the end of the 120-day period beginning on the date of the enactment of this Act [Nov. 2, 1994], the Secretary shall, before the end of such period, submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report as to why such a protocol has not yet been developed.

"(3)(A) The Secretary shall ensure that the evaluation under the protocol developed under this section is available at all Department medical centers that have the capability of providing the medical assessment, diagnosis, and treatment required under the protocol.

"(B) The Secretary may enter into contracts with non-Department medical facilities for the provision of the evaluation under the protocol.

"(C) In the case of a veteran whose residence is distant from a medical center described in subparagraph (A), the Secretary may provide the evaluation through a Department medical center described in that subparagraph and, in such a case, may provide the veteran the travel and incidental expenses therefor pursuant to the provisions of section 111 of title 38, United States Code.

"(4)(A) If the Secretary is unable to diagnose the symptoms or illness of a veteran provided an evaluation, or if the symptoms or illness of a veteran do not respond to treatment provided by the Secretary, the Secretary may use the authority in sections 1703A, 8111, and 8153 of title 38, United States Code, in order to provide for the veteran to receive diagnostic tests or treatment at a non-Department medical facility that may have the capability of diagnosing or treating the symptoms or illness of the veteran. The Secretary may provide the veteran the travel and incidental expenses therefor pursuant to the provisions of section 111 of title 38, United States Code.

"(B) The Secretary shall request from each non-Department medical facility that examines or treats a veteran under this paragraph such information relating to the diagnosis or treatment as the Secretary considers appropriate.

"(5) In each year after the implementation of the protocol, the Secretary shall enter into an agreement with the National Academy of Sciences under which agreement appropriate experts shall review the adequacy of the protocol and its implementation by the Department of Veterans Affairs.

"(b) Relationship to Other Comprehensive Clinical Evaluation Protocols.—The Secretary, in consultation with the Secretary of Defense, shall ensure that the information collected through the protocol described in this section is collected and maintained in a manner that permits the effective and efficient cross-reference of that information with information collected and maintained through the comprehensive clinical protocols of the Department of Defense for Persian Gulf War veterans.

"(c) Case Definitions and Diagnoses.—The Secretary shall develop case definitions or diagnoses for illnesses associated with the service described in subsection (a)(1). The Secretary shall develop such definitions or diagnoses at the earliest possible date.

"SEC. 105. OUTREACH TO PERSIAN GULF VETERANS.

"(a) In General.—The Secretary of Veterans Affairs shall implement a comprehensive outreach program to inform Persian Gulf War veterans and their families of the medical care and other benefits that may be provided by the Department of Veterans Affairs and the Department of Defense arising from service in the Persian Gulf War.

"(b) Newsletter.—(1) The outreach program shall include a newsletter which shall be updated and distributed at least semi-annually and shall be distributed to the veterans listed on the Persian Gulf War Veterans Health Registry. The newsletter shall include summaries of the status and findings of Government sponsored research on illnesses of Persian Gulf War veterans and their families, as well as on benefits available to such individuals through the Department of Veterans Affairs. The newsletter shall be prepared in consultation with veterans service organizations.

"(2) The requirement under this subsection for the distribution of the newsletter shall terminate on December 31, 2003.

"(c) Toll-Free Number.—The outreach program shall include establishment of a toll-free telephone number to provide Persian Gulf War veterans and their families information on the Persian Gulf War Veterans Health Registry, health care and other benefits provided by the Department of Veterans Affairs, and such other information as the Secretary considers appropriate. Such toll-free telephone number shall be established not later than 90 days after the date of the enactment of this Act [Nov. 2, 1994].

"SEC. 107. EVALUATION OF HEALTH STATUS OF SPOUSES AND CHILDREN OF PERSIAN GULF WAR VETERANS.

"(a) Evaluation Program.—Subject to subsection (c), the Secretary of Veterans Affairs shall conduct a program to evaluate the health status of spouses and children of Persian Gulf War veterans. Under the program, the Secretary shall provide for the conduct of diagnostic testing and appropriate medical examinations of any individual—

"(1) who is the spouse or child of a veteran who—

"(A) is listed in the Persian Gulf War Veterans Registry established under section 702 of Public Law 102–585 [set out in a note under section 527 of this title]; and

"(B) is suffering from an illness or disorder;

"(2) who is apparently suffering from, or may have suffered from, an illness or disorder (including a birth defect, miscarriage, or stillbirth) which cannot be disassociated from the veteran's service in the Southwest Asia theater of operations; and

"(3) who, in the case of a spouse, has granted the Secretary permission to include in the Registry relevant medical data (including a medical history and the results of diagnostic testing and medical examinations) and such other information as the Secretary considers relevant and appropriate with respect to such individual.

"(b) Duration of Program.—The program shall be carried out during the period beginning on November 1, 1994, and ending on December 31, 2003.

"(c) Funding Limitation.—The amount spent for the program under subsection (a) may not exceed $2,000,000.

"(d) Contracting.—The Secretary may provide for the conduct of testing and examinations under subsection (a) through appropriate contract arrangements, including fee arrangements described in section 1703 of title 38, United States Code.

"(e) Standard Protocols and Guidelines.—The Secretary shall seek to ensure uniform development of medical data through the development of standard protocols and guidelines for such testing and examinations. If such protocols and guidelines have not been adopted before the end of the 120-day period beginning on the date of the enactment of this Act [Nov. 2, 1994], the Secretary shall, before the end of such period, submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report as to why such protocols and guidelines have not yet been developed.

"(f) Entry of Results in Registry.—The results of diagnostic tests, medical histories, and medical examinations conducted under subsection (a) shall be entered into the Persian Gulf War Veterans Health Registry.

"(g) Outreach.—The Secretary shall conduct such outreach activities as the Secretary determines necessary for the purposes of the program. In conducting such outreach activities, the Secretary shall advise that medical treatment is not available under the program.

"(h) Use Outside Department of Standard Protocols and Guidelines.—The Secretary shall—

"(1) make the standard protocols and guidelines developed under this section available to any entity which requests a copy of such protocols and guidelines; and

"(2) enter into the registry the results of any examination of the spouse or child of a veteran who served in the Persian Gulf theater which a licensed physician certifies was conducted using those standard protocols and guidelines.

"(i) Report to Congress.—Not later than July 31, 1999, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on activities with respect to the program, including the provision of services under subsection (d).

"(j) Definitions.—For purposes of this section, the terms 'child' and 'spouse' have the meanings given those terms in paragraphs (4) and (31), respectively, of section 101 of title 38, United States Code.

"SEC. 109. SURVEY OF PERSIAN GULF VETERANS.

"(a) In General.—The Secretary of Veterans Affairs may carry out a survey of Persian Gulf veterans to gather information on the incidence and nature of health problems occurring in Persian Gulf veterans and their families.

"(b) Coordination With Department of Defense.—Any survey under subsection (a) shall be carried out in coordination with the Secretary of Defense.

"(c) Persian Gulf Veteran.—For purposes of this section, a Persian Gulf veteran is an individual who served on active duty in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War as defined in section 101(33) of title 38, United States Code.

"SEC. 110. AUTHORIZATION FOR EPIDEMIOLOGICAL STUDIES.

"(a) Study of Health Consequences of Persian Gulf Service.—If the National Academy of Sciences includes in the report required by section 706(b) of the Veterans Health Care Act of 1992 (Public Law 102–585) [set out in a note under section 527 of this title] a finding that there is a sound basis for an epidemiological study or studies on the health consequences of service in the Persian Gulf theater of operations during the Persian Gulf War and recommends the conduct of such a study or studies, the Secretary of Veterans Affairs is authorized to carry out such study.

"(b) Oversight.—(1) The Secretary shall seek to enter into an agreement with the Medical Follow-Up Agency (MFUA) of the Institute of Medicine of the National Academy of Sciences for (A) the review of proposals to conduct the research referred to in subsection (a), (B) oversight of such research, and (C) review of the research findings.

"(2) If the Secretary is unable to enter into an agreement under paragraph (1) with the entity specified in that paragraph, the Secretary shall enter into an agreement described in that paragraph with another appropriate scientific organization which does not have a connection to the Department of Veterans Affairs. In such a case, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives, at least 90 days before the date on which the agreement is entered into, notice in writing identifying the organization with which the Secretary intends to enter into the agreement.

"(c) Access to Data.—The Secretary shall enter into agreements with the Secretary of Defense and the Secretary of Health and Human Services to make available for the purposes of any study described in subsection (a) all data that the Secretary, in consultation with the National Academy of Sciences and the contractor for the study, considers relevant to the study.

"(d) Authorization.—There are authorized to be appropriated to the Department such sums as are necessary for the conduct of studies described in subsection (a)."

[Pub. L. 104–262, title III, §352(b), Oct. 9, 1996, 110 Stat. 3211, provided that: "Any diagnostic testing and medical examinations undertaken by the Secretary of Veterans Affairs for the purpose of the study required by subsection (a) of such section [section 107(a) of Pub. L. 103–446, set out above] during the period beginning on October 1, 1996, and ending on the date of the enactment of this Act [Oct. 9, 1996] is hereby ratified."]

Report to Congress on Intention To Pay Compensation

Section 106(c) of Pub. L. 103–446 directed Secretary of Veterans Affairs, not later than 60 days after Nov. 2, 1994, to submit to Congress a report stating whether or not the Secretary intended to pay compensation as provided in this section.

Executive Documents

Executive Order No. 12961

Ex. Ord. No. 12961, May 26, 1995, 60 F.R. 28507, which established the Presidential Advisory Committee on Gulf War Veterans' Illnesses, was revoked by Ex. Ord. No. 13138, §3(g), Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.

Ex. Ord. No. 13034. Extension of Presidential Advisory Committee on Gulf War Veterans' Illnesses

Ex. Ord. No. 13034, Jan. 30, 1997, 62 F.R. 5137, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Extension. The Presidential Advisory Committee on Gulf War Veterans' Illnesses (the "Committee"), established pursuant to Executive Order 12961 [formerly set out above] of May 26, 1995, is hereby extended for the purposes set forth herein. All provisions of that order relating to membership and administration shall remain in effect. All Committee appointments, as well as the President's designation of a Chairperson, shall remain in effect. The limitations set forth in section 2(c)–(e) and section 4(a) of Executive Order 12961 shall also remain in effect. The Committee shall remain subject to the Federal Advisory Committee Act, as amended, [former] 5 U.S.C. App. [see 5 U.S.C. 1001 et seq.].

Sec. 2. Functions. (a) The Committee shall report to the President through the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Health and Human Services.

(b) The Committee shall have two principal roles:

(1) Oversight of the ongoing investigation being conducted by the Department of Defense with the assistance, as appropriate, of other executive departments and agencies into possible chemical or biological warfare agent exposures during the Gulf War; and

(2) Evaluation of the Federal Government's plan for and progress towards the implementation of the Committee's recommendations contained in its Final Report submitted on December 31, 1996.

(c) The Committee shall provide advice and recommendations related to its oversight and evaluation responsibilities.

(d) The Committee may also provide additional advice and recommendations prompted by any new developments related to its original functions as set forth in section 2(b) of Executive Order 12961.

(e) The Committee shall submit by letter a status report by April 30, 1997, and a final supplemental report by October 31, 1997, unless otherwise directed by the President.

Sec. 3. General Provisions. (a) The Committee shall terminate 30 days after submitting its final supplemental report.

(b) This order is intended only to improve the internal management of the executive branch and it is not intended to create any right, benefit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any person.

William J. Clinton.      

1 See References in Text note below.
38 U.S.C. § 7262 (2024) — Title 38: VETERANS' BENEFITS / Chapter 72 / Subchapter II / Section 7262: Fee for filing appeals
Fee for filing appeals
Status: in_force

(a) The Court of Appeals for Veterans Claims may impose a fee of not more than $50 for the filing of any appeal with the Court. The Court shall establish procedures under which such a fee may be waived in the case of an appeal filed by or on behalf of a person who demonstrates that the requirement that such fee be paid will impose a hardship on that person. A decision as to such a waiver is final and may not be reviewed in any other court.

(b) The Court may from time to time adjust the maximum amount permitted for a fee imposed under subsection (a) of this section based upon inflation and similar fees charged by other courts established under Article I of the Constitution.

(Added Pub. L. 100–687, div. A, title III, §301(a), Nov. 18, 1988, 102 Stat. 4115, §4062; renumbered §7262, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title V, §512(a)(1), Nov. 11, 1998, 112 Stat. 3341.)

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–368 substituted "Court of Appeals for Veterans Claims" for "Court of Veterans Appeals".

1991—Pub. L. 102–40 renumbered section 4062 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Pub. L. 105–368, set out as a note under section 7251 of this title.
38 U.S.C. § 3325 (2024) — Title 38: VETERANS' BENEFITS / Chapter 33 / Subchapter III / Section 3325: Reporting requirement
Reporting requirement
Status: in_force

(a) In General.—For each academic year—

(1) the Secretary of Defense shall submit to Congress a report on the operation of the program provided for in this chapter; and

(2) the Secretary shall submit to Congress a report on the operation of the program provided for in this chapter and the program provided for under chapter 35 of this title.

(b) Contents of Secretary of Defense Reports.—The Secretary of Defense shall include in each report submitted under this section—

(1) information—

(A) indicating the extent to which the benefit levels provided under this chapter are adequate to achieve the purposes of inducing individuals to enter and remain in the Armed Forces and of providing an adequate level of financial assistance to help meet the cost of pursuing a program of education;

(B) indicating whether it is necessary for the purposes of maintaining adequate levels of well-qualified active-duty personnel in the Armed Forces to continue to offer the opportunity for educational assistance under this chapter to individuals who have not yet entered active-duty service; and

(C) describing the efforts under section 3323(b) of this title to inform members of the Armed Forces of the active duty service requirements for entitlement to educational assistance under this chapter and the results from such efforts; and

(2) such recommendations for administrative and legislative changes regarding the provision of educational assistance to members of the Armed Forces and veterans, and their dependents, as the Secretary of Defense considers appropriate.

(c) Contents of Secretary of Veterans Affairs Reports.—The Secretary shall include in each report submitted under this section—

(1) information concerning the level of utilization of educational assistance and of expenditures under this chapter and under chapter 35 of this title;

(2) appropriate student outcome measures, such as the number of credit hours, certificates, degrees, and other qualifications earned by beneficiaries under this chapter and chapter 35 of this title during the academic year covered by the report;

(3) the information received by the Secretary under section 3326 of this title; and

(4) such recommendations for administrative and legislative changes regarding the provision of educational assistance to members of the Armed Forces and veterans, and their dependents, as the Secretary considers appropriate.

(d) Termination.—No report shall be required under this section after January 1, 2021.

(Added Pub. L. 112–154, title IV, §402(a)(1), Aug. 6, 2012, 126 Stat. 1188; amended Pub. L. 114–315, title IV, §404(a)(1), Dec. 16, 2016, 130 Stat. 1554.)

Editorial Notes

Amendments

2016—Subsec. (c)(3), (4). Pub. L. 114–315 added par. (3) and redesignated former par. (3) as (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Pub. L. 114–315, title IV, §404(c), Dec. 16, 2016, 130 Stat. 1554, provided that: "The amendments made by this section [enacting section 3326 of this title and amending this section] shall take effect on the date that is 1 year after the date of the enactment of this Act [Dec. 16, 2016]."

Deadline for Submittal of First Report

Pub. L. 112–154, title IV, §402(a)(3), Aug. 6, 2012, 126 Stat. 1189, provided that: "The first reports required under section 3325 of title 38, United States Code, as added by paragraph (1), shall be submitted by not later than November 1, 2013."
38 U.S.C. § 3762 (2024) — Title 38: VETERANS' BENEFITS / Chapter 37 / Subchapter V / Section 3762: Direct housing loans to Native American veterans; program administration
Direct housing loans to Native American veterans; program administration
Status: in_force

(a) The Secretary may make a direct housing loan to a Native American veteran under this subchapter if the Secretary ensures the following:

(1) That each Native American veteran to whom the Secretary makes a direct housing loan under this subchapter—

(A) holds, possesses, or purchases using the proceeds of the loan a meaningful interest in a lot or dwelling (or both) that is located on trust land; and

(B) will purchase, construct, or improve (as the case may be) a dwelling on the lot using the proceeds of the loan.

(2) That each such Native American veteran will convey to the Secretary by an appropriate instrument the interest referred to in paragraph (1)(A) as security for a direct housing loan under this subchapter.

(3) That the Secretary, including the Secretary's employees or agents, may enter upon the trust land for the purposes of carrying out such actions as the Secretary determines are necessary, including—

(A) to evaluate the advisability of the loan;

(B) to monitor any purchase, construction, or improvements carried out using the proceeds of the loan; and

(C) to manage any servicing or post-foreclosure activities, including acquisition, property inspections, and property management.

(4) That there are established standards and procedures that apply to the foreclosure of the interest conveyed by a Native American veteran pursuant to paragraph (2), including—

(A) procedures for foreclosing the interest; and

(B) procedures for the resale of the lot or dwelling (or both) purchased, constructed, or improved using the proceeds of the loan.

(5) That the loan is made in a responsible and prudent manner, subject to standards and procedures as are necessary for the reasonable protection of the financial interests of the United States.

(b)(1) To carry out the purpose of subsection (a), the Secretary may—

(A) enter into a memorandum of understanding with a tribal organization, other entity, or individual;

(B) rely on agreements or determinations of other Federal agencies to guarantee, insure, or make loans on trust land; and

(C) enter into other agreements or take such other actions as the Secretary determines necessary.

(2) If the Secretary determines that the requirements under subsection (a) are not being enforced by a tribal organization, other entity, or individual that is a party to any memorandum of understanding, agreement, or determination described in paragraph (1), the Secretary may cease making new direct housing loans to Native American veterans under this subchapter within the area of the authority of the tribal organization, other entity, or individual (as the case may be).

(c)(1) Loans made under this section shall bear interest at a rate determined by the Secretary, which rate may not exceed the appropriate rate authorized for guaranteed loans under section 3703(c)(1) or section 3712(f) of this title, and shall be subject to such requirements or limitations prescribed for loans guaranteed under this title as the Secretary may prescribe.

(2) Notwithstanding section 3704(a) of this title, the Secretary shall establish minimum requirements for planning, construction, improvement, and general acceptability relating to any direct loan made under this section.

(d)(1) The Secretary shall establish credit underwriting standards to be used in evaluating loans made under this subchapter. In establishing such standards, the Secretary shall take into account the purpose of this program to make available housing to Native American veterans living on trust lands.

(2) The Secretary shall determine the reasonable value of the interest in property that will serve as security for a loan made under this section and shall establish procedures for appraisals upon which the Secretary may base such determinations. The procedures shall incorporate generally the relevant requirements of section 3731 of this title, unless the Secretary determines that such requirements are impracticable to implement in a geographic area, on particular trust lands, or under circumstances specified by the Secretary.

(e) Loans made under this section shall be repaid in monthly installments.

(f) In connection with any loan under this section, the Secretary may make advances in cash to provide for repairs, alterations, and improvements and to meet incidental expenses of the loan transaction. The Secretary shall determine the amount of any expenses incident to the origination of loans made under this section, which expenses, or a reasonable flat allowance in lieu thereof, shall be paid by the veteran in addition to the loan closing costs.

(g) Without regard to any provision of this chapter (other than a provision of this section), the Secretary may—

(1) take any action that the Secretary determines to be necessary with respect to the custody, management, protection, and realization or sale of investments under this section;

(2) determine any necessary expenses and expenditures and the manner in which such expenses and expenditures shall be incurred, allowed, and paid;

(3) make such rules, regulations, and orders as the Secretary considers necessary for carrying out the Secretary's functions under this section; and

(4) in a manner consistent with the provisions of this chapter and with the Secretary's functions under this subchapter, employ, utilize, and compensate any persons, organizations, or departments or agencies (including departments and agencies of the United States) designated by the Secretary to carry out such functions.

(h) The Secretary may make direct loans to Native American veterans in order to enable such veterans to refinance existing mortgage loans for any of the following purposes:

(1) To refinance an existing loan made under this section, if the loan—

(A) meets the requirements set forth in subparagraphs (B), (C), and (E) of paragraph (1) of section 3710(e) of this title;

(B) will bear an interest rate at least one percentage point less than the interest rate borne by the loan being refinanced; and

(C) complies with paragraphs (2) and (3) of section 3710(e) of this title, except that for the purposes of this subsection the reference to subsection (a)(8) of section 3710 of this title in such paragraphs (2) 1 and (3) shall be deemed to be a reference to this subsection.

(2) To refinance an existing mortgage loan not made under this section on a dwelling owned and occupied by the veteran as the veteran's home, if all of the following requirements are met:

(A) The loan will be secured by the same dwelling as was the loan being refinanced.

(B) The loan will provide the veteran with a net tangible benefit.

(C) The nature and condition of the property is such as to be suitable for dwelling purposes.

(D) The amount of the loan does not exceed either of the following:

(i) 100 percent of the reasonable value of the dwelling, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2).

(ii) An amount equal to the sum of the balance of the loan being refinanced and such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan.

(E) Notwithstanding subparagraph (D), if a loan is made for both the purpose of this paragraph and to make energy efficiency improvements, the loan must not exceed either of the following:

(i) 100 percent of the reasonable value of the dwelling as improved for energy efficiency, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2).

(ii) The amount referred to under subparagraph (D)(ii), plus the applicable amount specified under section 3710(d)(2) of this title.

(F) The loan meets all other requirements the Secretary may establish under this subchapter.

(G) The existing mortgage being refinanced is a first lien on the property and secured of record.

(3) To refinance an existing mortgage loan to repair, alter, or improve a dwelling owned by the veteran and occupied by the veteran as the veteran's home, if all of the following requirements are met:

(A) The loan will be secured by the same dwelling as was the loan being refinanced.

(B) The nature and condition of the property is such as to be suitable for dwelling purposes, and the repair, alteration, or improvement substantially protects or improves the basic livability or utility of such property.

(C) The amount of the loan, including the costs of repairs, alterations, and improvements, does not exceed either of the following:

(i) 100 percent of the reasonable value of the dwelling as repaired, altered, or improved, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2).

(ii) An amount equal to the sum of—

(I) the balance of the loan being refinanced;

(II) the actual cost of repairs, alterations, or improvements; and

(III) such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan.

(D) The loan meets all other requirements the Secretary may establish under this subchapter.

(E) The existing mortgage loan being refinanced is a first lien on the property and secured of record.

(i)(1) The Secretary shall, in consultation with tribal organizations (including the National Congress of American Indians and the National American Indian Housing Council), carry out an outreach program to inform and educate Native American veterans of the availability of direct housing loans for Native American veterans who live on trust lands.

(2) Activities under the outreach program shall include the following:

(A) Attending conferences and conventions conducted by the National Congress of American Indians in order to work with the National Congress in providing information and training to tribal organizations and Native American veterans regarding the availability of housing benefits under this subchapter and in assisting such organizations and veterans with respect to such housing benefits.

(B) Attending conferences and conventions conducted by the National American Indian Housing Council in order to work with the Housing Council in providing information and training to tribal organizations and tribal housing entities regarding the availability of such benefits.

(C) Attending conferences and conventions conducted by the Department of Hawaiian Homelands in order to work with the Department of Hawaiian Homelands in providing information and training to tribal housing entities in Hawaii regarding the availability of such benefits.

(D) Producing and disseminating information to tribal governments, tribal veterans service organizations, and tribal organizations regarding the availability of such benefits.

(E) Assisting tribal organizations and Native American veterans with respect to such benefits.

(F) Outstationing loan guarantee specialists in tribal facilities on a part-time basis if requested by the tribal government.

(G) Pursuant to subsection (g)(4), assisting Native American veterans in qualifying for mortgage financing by—

(i) partnering with local service providers, such as tribal organizations, tribally designated housing entities, Native community development financial institutions, and nonprofit organizations, for conducting outreach, homebuyer education, housing counseling, and post-purchase education; and

(ii) providing other technical assistance as needed.

(H) Attending conferences and conventions conducted by the network of Native community development financial institutions and other Native American homeownership organizations to provide information and training to Native community development financial institutions about the availability of the relending program under section 3762A of this title.

(j) The Secretary shall include as part of the annual benefits report of the Veterans Benefits Administration information concerning the cost and number of loans provided under this subchapter for the fiscal year covered by the report.

(k) The Secretary shall assign a sufficient number of personnel of the Department dedicated to carrying out the authority of the Secretary under this subchapter, including construction and valuation specialists to assist with issues unique to new construction and renovations on trust land.

(Added Pub. L. 102–547, §8(a), Oct. 28, 1992, 106 Stat. 3637; amended Pub. L. 104–275, title II, §202(a), Oct. 9, 1996, 110 Stat. 3330; Pub. L. 105–114, title II, §201(b), (c), Nov. 21, 1997, 111 Stat. 2282, 2283; Pub. L. 107–103, title IV, §402(b), (c), Dec. 27, 2001, 115 Stat. 993; Pub. L. 109–233, title I, §103(b), (c)(1), (d), (e), (f)(3), June 15, 2006, 120 Stat. 400, 401; Pub. L. 116–23, §6(a)(2), June 25, 2019, 133 Stat. 973; Pub. L. 118–210, title II, §231(a)–(d), Jan. 2, 2025, 138 Stat. 2783–2785.)

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 118–210, §231(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to the requirements for the Secretary to make a direct housing loan to a Native American veteran.

Subsec. (b). Pub. L. 118–210, §231(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to the requirements that each memorandum of understanding the Secretary enters into with a tribal organization must provide.

Subsec. (h). Pub. L. 118–210, §231(b), amended subsec. (h) generally. Prior to amendment, subsec. (h) related to when the Secretary may make direct loans to Native American veterans.

Subsec. (i)(2)(G), (H). Pub. L. 118–210, §231(c), added subpars. (G) and (H).

Subsec. (k). Pub. L. 118–210, §231(d), added subsec. (k).

2019—Subsec. (c). Pub. L. 116–23 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which set an $80,000 limit, with certain exceptions, on the principal amount of any direct housing loan made to a Native American veteran.

2006—Pub. L. 109–233, §103(f)(3), amended section catchline generally, substituting "Direct housing loans to Native American veterans; program administration" for "Direct housing loans to Native American veterans".

Subsec. (a). Pub. L. 109–233, §103(c)(1)(A), inserted "under this subchapter" after "to a Native American veteran" in introductory provisions.

Subsec. (b)(1)(E). Pub. L. 109–233, §103(c)(1)(B), substituted "loans under this subchapter are made" for "the pilot program established under this subchapter is implemented".

Subsec. (c)(1)(A). Pub. L. 109–233, §103(e), inserted "veteran" after "Native American".

Subsec. (c)(1)(B). Pub. L. 109–233, §103(c)(1)(C), (d), designated existing provisions as cl. (i), substituted "Subject to clause (ii), the" for "The" after cl. (i) designation, substituted "make direct housing loans under this subchapter" for "carry out the pilot program under this subchapter in a manner that demonstrates the advisability of making direct housing loans", and added cl. (ii).

Subsec. (i)(1). Pub. L. 109–233, §103(c)(1)(D)(i), struck out "the pilot program provided for under this subchapter and" after "educate Native American veterans of".

Subsec. (i)(2)(A), (E). Pub. L. 109–233, §103(c)(1)(D)(ii), (iii), substituted "under this subchapter and in assisting such organizations and veterans with respect to such housing benefits" for "under the pilot program and in assisting such organizations and veterans in participating in the pilot program" in subpar. (A) and "with respect to such benefits" for "in participating in the pilot program" in subpar. (E).

Subsec. (j). Pub. L. 109–233, §103(b), amended subsec. (j) generally. Prior to amendment, subsec. (j) related to the Secretary's transmittal to the Committees on Veterans' Affairs of the Senate and House of Representatives of an annual report relating to the implementation of the Native American veteran housing loan pilot program.

2001—Subsec. (a)(1). Pub. L. 107–103, §402(b), designated existing provisions as subpar. (A), substituted "; or" for "; and", and added subpar. (B).

Subsec. (j). Pub. L. 107–103, §402(c), substituted "2006" for "2002" in introductory provisions.

1997—Subsec. (i). Pub. L. 105–114, §201(b), designated existing provisions as par. (1), inserted ", in consultation with tribal organizations (including the National Congress of American Indians and the National American Indian Housing Council)," after "the Secretary shall", struck out "tribal organizations and" after "educate", and added par. (2).

Subsec. (j). Pub. L. 105–114, §201(c), added subsec. (j).

1996—Subsecs. (h), (i). Pub. L. 104–275 added subsec. (h) and redesignated former subsec. (h) as (i).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Pub. L. 116–23 applicable with respect to a loan guaranteed under section 3710 of this title on or after Jan. 1, 2020, see section 6(d) of Pub. L. 116–23, set out as a note under section 3703 of this title.

1 So in original. Paragraph (2) reference is to "clause (8) of subsection (a)".
38 U.S.C. § 7463 (2024) — Title 38: VETERANS' BENEFITS / Chapter 74 / Subchapter V / Section 7463: Other adverse actions
Other adverse actions
Status: in_force

(a) The Secretary shall prescribe by regulation procedures for the consideration of grievances of section 7401(1) employees arising from adverse personnel actions in which each action taken either—

(1) is not a major adverse action; or

(2) does not arise out of a question of professional conduct or competence.

Disciplinary Appeals Boards shall not have jurisdiction to review such matters, other than as part of a mixed case (as defined in section 7462(a)(3) of this title).

(b) In the case of an employee who is a member of a collective bargaining unit under chapter 71 of title 5, the employee may seek review of an adverse action described in subsection (a) either under the grievance procedures provided through regulations prescribed under subsection (a) or through grievance procedures determined through collective bargaining, but not under both. The employee shall elect which grievance procedure to follow. Any such election may not be revoked.

(c)(1) In any case in which charges are brought against a section 7401(1) employee which could result in a major adverse action and which do not involve professional conduct or competence, the employee is entitled to notice and an opportunity to answer with respect to those charges in accordance with subparagraphs (A) and (B) of section 7462(b)(1) of this title, but within the time periods specified in paragraph (3).

(2) In any other case in which charges are brought against a section 7401(1) employee, the employee is entitled, within the aggregate time period specified in paragraph (3)(A), to—

(A) written notice stating the specific reason for the proposed action, and

(B) time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer.

(3)(A) The aggregate period for the resolution of charges against an employee under paragraph (1) or (2) may not exceed 15 business days.

(B) The period for the response of an employee under paragraph (1) or (2)(B) to written notice of charges under paragraph (1) or (2)(A), as applicable, shall be seven business days.

(C) The deciding official shall render a decision on charges under paragraph (1) or (2) not later than 15 business days after notice is provided on the charges for purposes of paragraph (1) or (2)(A), as applicable.

(d) Grievance procedures prescribed under subsection (a) shall include the following:

(1) A right to formal review by an impartial examiner within the Department of Veterans Affairs, who, in the case of an adverse action arising from a question of professional conduct or competence, shall be selected from the panel designated under section 7464 of this title.

(2) A right to a prompt report of the findings and recommendations by the impartial examiner.

(3) A right to a prompt review of the examiner's findings and recommendations by an official of a higher level than the official who decided upon the action. That official may accept, modify, or reject the examiner's recommendations.

(e) In any review of an adverse action under the grievance procedures prescribed under subsection (a), the employee is entitled to be represented by an attorney or other representative of the employee's choice at all stages of the case.

(Added Pub. L. 102–40, title II, §203(a), May 7, 1991, 105 Stat. 205; amended Pub. L. 115–41, title II, §208(c), June 23, 2017, 131 Stat. 878; Pub. L. 115–407, title VII, §702(a)(2), Dec. 31, 2018, 132 Stat. 5381.)

Editorial Notes

Prior Provisions

Provisions similar to those in this subchapter were contained in section 4110 of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.

Amendments

2018—Subsec. (c)(2)(B). Pub. L. 115–407 substituted "to answer" for "to answer to answer".

2017—Subsec. (c)(1). Pub. L. 115–41, §208(c)(1), substituted "notice and an opportunity to answer with respect to those charges in accordance with subparagraphs (A) and (B) of section 7462(b)(1) of this title, but within the time periods specified in paragraph (3)" for "the same notice and opportunity to answer with respect to those charges as provided in subparagraphs (A) and (B) of section 7462(b)(1) of this title".

Subsec. (c)(2). Pub. L. 115–41, §208(c)(2)(A), in introductory provisions, inserted ", within the aggregate time period specified in paragraph (3)(A)," after "is entitled".

Subsec. (c)(2)(A). Pub. L. 115–41, §208(c)(2)(B), substituted "written notice" for "an advance written notice".

Subsec. (c)(2)(B). Pub. L. 115–41, §208(c)(2)(C), substituted "time to answer" for "a reasonable time".

Subsec. (c)(3). Pub. L. 115–41, §208(c)(3), added par. (3).
38 U.S.C. § 1541 (2024) — Title 38: VETERANS' BENEFITS / Chapter 15 / Subchapter III / Section 1541: Surviving spouses of veterans of a period of war
Surviving spouses of veterans of a period of war
Status: in_force

(a) The Secretary shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 1521(j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 5312 of this title.

(b) If no child of the veteran is in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $7,933, reduced by the amount of the surviving spouse's annual income.

(c) If there is a child of the veteran in the custody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $10,385. If the surviving spouse has custody of two or more such children, the annual pension rate shall be increased by $2,020 for each such child in excess of one. In each case, the rate payable shall be reduced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the annual income of each such child.

(d)(1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $12,681, reduced by the amount of the surviving spouse's annual income.

(2) If a surviving spouse who is entitled to pension under subsection (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $15,128. If there are two or more children of the veteran in such surviving spouse's custody, the annual rate of pension shall be increased by $2,020 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the annual income of each such child.

(e)(1) If the surviving spouse is permanently housebound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $9,696 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $12,144. If there are two or more children of the veteran in such surviving spouse's custody, the annual rate of pension shall be increased by $2,020 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension.

(2) For purposes of paragraph (1) of this subsection, the requirement of "permanently housebound" shall be met when the surviving spouse is substantially confined to such surviving spouse's house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse's lifetime.

(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran—

(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran, or (E) January 1, 2001, in the case of a surviving spouse of a veteran of the Persian Gulf War;

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.

(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the judgment of the Secretary to do so would work a hardship on the surviving spouse.

(h) As used in this section and section 1542 of this title, the term "veteran" includes a person who has completed at least two years of honorable active military, naval, air, or space service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, §541; Pub. L. 86–211, §4, Aug. 29, 1959, 73 Stat. 434; Pub. L. 88–664, §3(c), (d), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90–77, title I, §§101(a), 106, title II, §202(d)–(f), Aug. 31, 1967, 81 Stat. 178, 179, 182; Pub. L. 90–275, §1(c), (d), Mar. 28, 1968, 82 Stat. 65, 66; Pub. L. 91–588, §§1(c), (d), 9(d), Dec. 24, 1970, 84 Stat. 1581, 1584; Pub. L. 92–198, §1(c)–(e), Dec. 15, 1971, 85 Stat. 663, 664; Pub. L. 93–177, §1(c), (d), 2, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93–527, §3, Dec. 21, 1974, 88 Stat. 1703; Pub. L. 94–169, title I, §§101(2)(B), (C), (H), 103, 106(40), Dec. 23, 1975, 89 Stat. 1013, 1014, 1016, 1019; Pub. L. 94–432, title II, §203, Sept. 30, 1976, 90 Stat. 1370; Pub. L. 95–204, title I, §102, Dec. 2, 1977, 91 Stat. 1456; Pub. L. 95–588, title I, §109(a), Nov. 4, 1978, 92 Stat. 2503; Pub. L. 102–25, title III, §333(b), Apr. 6, 1991, 105 Stat. 88; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; renumbered §1541 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 111–275, title VI, §608(b), Oct. 13, 2010, 124 Stat. 2887; Pub. L. 116–283, div. A, title IX, §926(a)(20), Jan. 1, 2021, 134 Stat. 3830.)

Editorial Notes

Amendments

2021—Subsec. (h). Pub. L. 116–283 substituted "air, or space service" for "or air service".

2010—Subsec. (b). Pub. L. 111–275, §608(b)(1), substituted "$7,933" for "$2,379".

Subsec. (c). Pub. L. 111–275, §608(b)(2), substituted "$10,385" for "$3,116" and "$2,020" for "$600".

Subsec. (d)(1). Pub. L. 111–275, §608(b)(3)(A), substituted "$12,681" for "$3,806".

Subsec. (d)(2). Pub. L. 111–275, §608(b)(3)(B), substituted "$15,128" for "$4,543" and "$2,020" for "$600".

Subsec. (e)(1). Pub. L. 111–275, §608(b)(4), substituted "$9,696" for "$2,908", "$12,144" for "$3,645", and "$2,020" for "$600".

1991—Pub. L. 102–83, §5(a), renumbered section 541 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "1521(j)" for "521(j)".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Pub. L. 102–40 substituted "5312" for "3112".

Subsec. (f)(1)(E). Pub. L. 102–25 added cl. (E).

Subsec. (g). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (h). Pub. L. 102–83, §5(c)(1), substituted "1542" for "542".

1978—Subsec. (a). Pub. L. 95–588 revised eligibility provisions relating to surviving spouses to apply to veterans of any period of war rather than veterans of specifically named wars and inserted reference to periodic increases of rate of pension payments pursuant to section 3112 of this title.

Subsec. (b). Pub. L. 95–588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $2,379 for a formula for determining such annual pension based upon annual income of the veteran, and struck out minimum and maximum monthly payment requirements.

Subsec. (c). Pub. L. 95–588 qualified parental requirement of this subsection by inserting custody provision, substituted a fixed pension amount of $3,116 for a formula for determining such annual pension based upon annual income of the veteran, and inserted a provision authorizing an annual pension rate increase of $600 for each family member of an eligible veteran in excess of one.

Subsec. (d). Pub. L. 95–588 substituted provisions prescribing a fixed amount of $3,806, as reduced by an annual income deduction, as the annual rate of pension payable to a surviving spouse entitled to a pension under subsec. (b) of this section and in need of regular aid and attendance and a fixed amount of $4,543, subject to a similar deduction for income of spouse and child, as the annual rate of pension payable to a surviving spouse entitled to a pension under subsec. (c) of this section and in need of such aid for provision prescribing the monthly rate of pension payable under subsec. (c) of this section where there is a surviving spouse and more than one child.

Subsec. (e). Pub. L. 95–588 substituted provisions relating to a surviving spouse who is permanently housebound for provisions specifying the eligibility requirements for such surviving spouses.

Subsec. (f). Pub. L. 95–588 substituted provisions specifying the eligibility requirements for surviving spouses for provision defining "veteran".

Subsecs. (g), (h). Pub. L. 95–588 added subsecs. (g) and (h).

1977—Subsec. (b)(1). Pub. L. 95–204, §102(1), increased monthly rate of pension from $125 to $133, inserted authorization for reductions by .07 for amounts more than 2,800 but not more than 3,770, and substituted "1,100" for "1,200" in two places, "1,800" for "2,300" in two places, and "2,800" for "3,540".

Subsec. (b)(3). Pub. L. 95–204, §102(2), substituted "$3,770" for "$3,540".

Subsec. (c)(1). Pub. L. 95–204, §102(3), increased monthly rate of pension from $149 to $159, and substituted "1,600" for "1,700" in two places, "2,400" for "2,500" in two places, "2,900" for "3,300" in two places, and "5,070" for "4,760".

Subsec. (c)(2). Pub. L. 95–204, §102(4), substituted "$5,070" for "$4,760".

Subsec. (d). Pub. L. 95–204, §102(5), substituted "$26" for "$24".

1976—Subsec. (b)(1). Pub. L. 94–432, §203(1), increased monthly rate of pension from $117 to $125 and substituted $900 to $1,200 for $900 to $1,500, $1,200 to $2,300 for $1,500 to $2,700 and $2,300 to $3,540 for $2,700 to $3,300.

Subsec. (b)(3). Pub. L. 94–432, §203(2), substituted "$3,540" for "$3,300".

Subsec. (c)(1). Pub. L. 94–432, §203(3), increased monthly rate of pension from $139 to $149 and substituted $1,100 to $1,700 for $1,100 to $1,800, $1,700 to $2,500 for $1,800 to $2,700, $2,500 to $3,300 for $2,700 to $3,500 and $3,300 to $4,760 for $3,500 to $4,500.

Subsec. (c)(2). Pub. L. 94–432, §203(4), substituted "$4,760" for "$4,500".

Subsec. (d). Pub. L. 94–432, §203(5), substituted "$24" for "$22".

1975—Pub. L. 94–169, §101(2)(H), substituted "Surviving Spouses" for "Widows" in section catchline.

Subsec. (a). Pub. L. 94–169, §101(2)(B), substituted "surviving spouse" for "widow" and struck out "his" before "death".

Subsec. (b). Pub. L. 94–169, §103(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, monthly rate of pension from $108 to $117, substituted $900 to $1500 for $900 to $2100, $1500 to $2700 for $2100 to $3000 the minimum and maximum income ranges for which the pension rates will be reduced by 4 and 5 cents per dollar, respectively, inserted income range of $2700 to $3300 for which the pension rate will be reduced by 6 cents, and increased from $3000 to $3300 the maximum income in excess of which no pension will be paid.

Subsec. (c). Pub. L. 94–169, §103(1), increased, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, pension rate from $128 to $139, substituted $1100 to $1800 for $1100 to $2100, $1800 to $2700 for $2100 to $3000, $2700 to $3500 for $3000 to $4200 the minimum and maximum income ranges for which the pension rates will be reduced by 2, 3 and 4 cents per dollar, respectively, inserted income range of $3500 to $4500 for which the rate will be reduced by 5 cents, and increased the maximum income from $4200 to $4500 in excess of which no pension will be paid.

Subsec. (d). Pub. L. 94–169, §103(2), substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "surviving spouse" for "widow" and "$22" for "$20".

Subsec. (e). Pub. L. 94–169, §101(2)(C), substituted "to a surviving spouse of a veteran under this section unless the spouse was married to the veteran" for "to a widow of a veteran under this section unless she was married to him", and "(D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran" for "(D) before the expiration of ten years following termination of the Vietnam era in the case of a widow of a Vietnam era veteran".

Subsec. (e)(1). Pub. L. 94–169, §106(40), substituted "surviving spouse" for "widow" in subcls. (A), (B) and (C).

1974—Subsec. (b). Pub. L. 93–527, §3(1), substituted "$108" for "$96", "$900" for "$1400" wherever appearing, and "$2100" for "$2600", and inserted provisions for reduction by 5 cents for each dollar of annual income in excess of $2100 up to and including $3000, that in no event shall monthly rate of pension be less than $5.00, and raising the maximum income from $2600 to $3000.

Subsec. (c). Pub. L. 93–527, §3(2), substituted "$128" for "$114", and "$2100" for "$2500" wherever appearing, "$3000" for "$3400" wherever appearing, and "$4200" for "$3800" wherever appearing.

Subsec. (d). Pub. L. 93–527, §3(3), substituted "$20" for "$18".

Subsec. (f). Pub. L. 93–527, §3(4), added subsec. (f).

1973—Subsec. (b). Pub. L. 93–177, §1(c), substituted "$86" for "$87" and "$1,400" for "$1,900".

Subsec. (c). Pub. L. 93–177, §1(d), substituted "$700" for "$600", "$114" for "$104", "$1,100" for "$1,400", "$2,500" for "$2,700", and "$3,400" for "$3,800" in existing provisions and inserted provision for a reduction of 4 cents in monthly rate for each $1 of annual income in excess of $3,400 up to and including $3,800.

Subsec. (d). Pub. L. 93–177, §2, substituted "$18" for "$17".

1971—Subsec. (b). Pub. L. 92–198, §1(c), substituted formula for computing monthly pension rates of widow without child by providing for a maximum monthly pension for each group within designated income category and for computing each individual's monthly pension by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out income and pension rates, and raised the maximum income from $2,300 to $2,600.

Subsec. (c). Pub. L. 92–198, §1(d), substituted formula for computing monthly pension rates of widow with one child by providing for a maximum monthly pension for each group with designated annual income category and for computing each individual's monthly benefit rate by reducing the maximum rate by a specified number of cents for each dollar by which the minimum income limitation for that group is exceeded, for table setting out income and pension rates, and further providing that whenever the monthly rate payable is less than the amount payable to the child under section 542 of this title, the widow would be paid at the child's rate, and raised the maximum income from $3,500 to $3,800.

Subsec. (d). Pub. L. 92–198, §1(e), substituted "$17" for "$16".

1970—Pub. L. 91–588, §9(d)(3), inserted reference to Mexican border period in section catchline.

Subsec. (a). Pub. L. 91–588, §9(d)(1), inserted reference to Mexican border period.

Subsec. (b). Pub. L. 91–588, §1(c), provided new annual income limits to measure monthly pension rates of widow without child by inserting minimum income limits of $2,000, $2,100, and $2,200 with maximum limits of $2,100, $2,200, and $2,300 for monthly benefits of $29, $23, and $17, respectively, and within existing annual income limits from a maximum of $300 to a maximum of $2,000, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II "$81" for "$74", "80" for "73", "79" for "72", "78" for "70", "76" for "67", "73" for "64", "70" for "61", "67" for "58", "64" for "55", "61" for "51", "58" for "48", "55" for "45", "51" for "41", "48" for "37", "45" for "33", "41" for "29", "37" for "23", and "33" for "17".

Subsec. (c). Pub. L. 91–588, §1(d), provided new annual income limits to measure monthly pension rates of widow with one child by inserting minimum income limits of $3,200, $3,300, and $3,400 with maximum limits of $3,300, $3,400, and $3,500 for monthly benefits of $45, $43, and $41, respectively, and within existing annual income limits from a maximum of $600 to a maximum of $3,200, as well as the in-between limits set out in one-hundred dollar increments, the applicable monthly benefit for each limit was amended, respectively, by substituting in column II "$99" for "$90", "98" for "89", "97" for "88", "96" for "87", "95" for "86", "94" for "85", "92" for "83", "90" for "81", "88" for "79", "86" for "77", "84" for "75", "82" for "73", "80" for "71", "78" for "69", "76" for "67", "74" for "65", "72" for "63", "70" for "61", "68" for "59", "66" for "57", "64" for "55", "62" for "53", "59" for "51", "56" for "48", "53" for "45", "51" for "43", and "48" for "41".

Subsec. (e)(1). Pub. L. 91–588, §9(d)(2), inserted reference to Mexican border period.

1968—Subsec. (b). Pub. L. 90–275, §1(c), in providing new annual income limits to measure monthly pension rates of widow without child, substituted minimum income limit of $300 for monthly benefit of $74 for former $600 limit for monthly benefit of $70, maximum income limit of $2,000 for monthly benefit of $17 for former $1,800 limit for monthly benefit of $29, and sixteen other in-between limits in one hundred dollar increments from more than $300 to less than $1,900 for monthly benefits of $73 to $23 for former in-between limit of more than $600 but less than $1,200 for monthly benefit of $51.

Subsec. (c). Pub. L. 90–275, §1(d), in providing new annual income limits to measure monthly pension rates of widow with one child, substituted minimum income limit of $600 for monthly benefit of $90 for former $1,000 limit for monthly benefit of $86, maximum income limit of $3,200 for monthly benefit of $41 for former $3,000 limit for monthly benefit of $45, and twenty-five other in-between limits in one hundred dollar increments from more than $600 to less than $3,100 for monthly benefits of $89 to $43 for former in-between limit of more than $1,000 but less than $2,000 for monthly benefit of $67.

1967—Pub. L. 90–77, §202(f), inserted reference to Vietnam era in section catchline.

Subsec. (a). Pub. L. 90–77, §202(d), inserted reference to Vietnam era.

Subsec. (b). Pub. L. 90–77, §106(a), increased monthly pension rate in column II from $64, $48, and $27 to $70, $51, and $29, respectively.

Subsec. (c). Pub. L. 90–77, §106(b), increased monthly pension rate in column II from $80, $64, and $43 to $86, $67, and $45, respectively.

Subsec. (d). Pub. L. 90–77, §106(c), substituted "$16" for "$15".

Subsec. (e)(1). Pub. L. 90–77, §202(e), added item (D).

Subsec. (e)(2), (3). Pub. L. 90–77, §101(a), qualified widow of a veteran for a pension by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.

1964—Subsec. (b). Pub. L. 88–664, §3(c), increased monthly pension rate in column II from $60, $45, and $25 to $64, $48, and $27, respectively.

Subsec. (c). Pub. L. 88–664, §3(d), increased monthly pension rate in column II from $75, $60, and $40 to $80, $64, and $43, respectively.

1959—Pub. L. 86–211 included widows of World War II and Korean conflict veterans in section catchline.

Subsec. (a). Pub. L. 86–211 included widows of World War II and Korean conflict veterans, and struck out provisions which authorized payment of a monthly pension of $50.40 to a widow with no child and $63 to a widow with one child, with $7.56 for each additional child. See subsecs. (b) to (d) of this section.

Subsecs. (b) to (e). Pub. L. 86–211 added subsecs. (b) to (d), redesignated former subsec. (b) as (e), and inserted provisions relating to the date by which a widow was required to be married to a veteran of World War II or the Korean conflict.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–275 applicable with respect to pensions paid on or after Dec. 1, 2009, see section 608(d) of Pub. L. 111–275, set out as a note under section 1521 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–204 effective Jan. 1, 1978, see section 302 of Pub. L. 95–204, set out as a note under section 1122 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94–432, set out as a note under section 1521 of this title.

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, §§101, 106, Dec. 23, 1975, 89 Stat. 1013, 1017, provided that the amendments made by those sections are effective Jan. 1, 1976.

Pub. L. 94–169, title I, §103, Dec. 23, 1975, 89 Stat. 1016, as amended by Pub. L. 94–432, title I, §101, Sept. 30, 1976, 90 Stat. 1369, eff. Sept. 30, 1976, provided that the amendment made by that section is effective Jan. 1, 1976.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–527 effective Jan. 1, 1975, see section 10 of Pub. L. 93–527, set out as a note under section 1521 of this title.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–177 effective Jan. 1, 1974, see section 8 of Pub. L. 93–177, set out as a note under section 1521 of this title.

Effective Date of 1971 Amendment

Amendment by Pub. L. 92–198 effective Jan. 1, 1972, see section 6 of Pub. L. 92–198, set out as a note under section 1521 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91–588, set out as a note under section 1521 of this title.

Effective Date of 1968 Amendment

Amendment Pub. L. 90–275 effective Jan. 1, 1969, see section 6(a) of Pub. L. 90–275, set out as a note under section 1521 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

Effective Date of 1964 Amendment

Amendment by Pub. L. 88–664 effective Jan. 1, 1965, see section 11 of Pub. L. 88–664, set out as a note under section 1503 of this title.

Effective Date of 1959 Amendment

Amendment by Pub. L. 86–211 effective July 1, 1960, see section 10 of Pub. L. 86–211, set out as a note under section 1521 of this title.

Pension, Dependency, and Indemnity Compensation; Relation to Social Security Amendments of 1967

Payments for balance of calendar year 1968 and calendar year 1969, calendar year 1970, and during each successive calendar year at prescribed monthly rates when payments would be less under this title as a result of increase in monthly insurance benefits provided by Social Security Amendments of 1967, see section 3 of Pub. L. 90–275, set out as a note under section 1521 of this title.
38 U.S.C. § 2022 (2024) — Title 38: VETERANS' BENEFITS / Chapter 20 / Subchapter III / Section 2022: Coordination of outreach services for veterans at risk of homelessness
Coordination of outreach services for veterans at risk of homelessness
Status: in_force

(a) Outreach Plan.—The Secretary, acting through the Under Secretary for Health, shall provide for appropriate officials of the Mental Health Service and the Readjustment Counseling Service of the Veterans Health Administration to develop a coordinated plan for joint outreach by the two Services to veterans at risk of homelessness, including particularly veterans who are being discharged or released from institutions after inpatient psychiatric care, substance abuse treatment, or imprisonment.

(b) Matters To Be Included.—The outreach plan under subsection (a) shall include the following:

(1) Strategies to identify and collaborate with non-Department entities used by veterans who have not traditionally used Department services to further outreach efforts.

(2) Strategies to ensure that mentoring programs, recovery support groups, and other appropriate support networks are optimally available to veterans.

(3) Appropriate programs or referrals to family support programs.

(4) Means to increase access to case management services.

(5) Plans for making additional employment services accessible to veterans.

(6) Appropriate referral sources for mental health and substance abuse services.

(c) Cooperative Relationships.—The outreach plan under subsection (a) shall identify strategies for the Department to enter into formal cooperative relationships with entities outside the Department to facilitate making services and resources optimally available to veterans.

(d) Review of Plan.—The Secretary shall submit the outreach plan under subsection (a) to the Advisory Committee on Homeless Veterans for its review and consultation.

(e) Outreach Program.—(1) The Secretary shall carry out an outreach program to provide information to homeless veterans and veterans at risk of homelessness. The program shall include at a minimum—

(A) provision of information about benefits available to eligible veterans from the Department; and

(B) contact information for local Department facilities, including medical facilities, regional offices, and veterans centers.

(2) In developing and carrying out the program under paragraph (1), the Secretary shall, to the extent practicable, consult with appropriate public and private organizations, including the Bureau of Prisons, State social service agencies, the Department of Defense, and mental health, veterans, and homeless advocates—

(A) for assistance in identifying and contacting veterans who are homeless or at risk of homelessness;

(B) to coordinate appropriate outreach activities with those organizations; and

(C) to coordinate services provided to veterans with services provided by those organizations.

(f) Reports.—(1) Not later than October 1, 2002, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives an initial report that contains an evaluation of outreach activities carried out by the Secretary with respect to homeless veterans, including outreach regarding clinical issues and other benefits administered under this title. The Secretary shall conduct the evaluation in consultation with the Under Secretary for Benefits, the Department of Veterans Affairs central office official responsible for the administration of the Readjustment Counseling Service, the Director of Homeless Veterans Programs, and the Department of Veterans Affairs central office official responsible for the administration of the Mental Health Strategic Health Care Group.

(2) Not later than December 31, 2005, the Secretary shall submit to the committees referred to in paragraph (1) an interim report on outreach activities carried out by the Secretary with respect to homeless veterans. The report shall include the following:

(A) The Secretary's outreach plan under subsection (a), including goals and time lines for implementation of the plan for particular facilities and service networks.

(B) A description of the implementation and operation of the outreach program under subsection (e).

(C) A description of the implementation and operation of the program under section 2023 of this title.

(3) Not later than July 1, 2007, the Secretary shall submit to the committees referred to in paragraph (1) a final report on outreach activities carried out by the Secretary with respect to homeless veterans. The report shall include the following:

(A) An evaluation of the effectiveness of the outreach plan under subsection (a).

(B) An evaluation of the effectiveness of the outreach program under subsection (e).

(C) An evaluation of the effectiveness of the demonstration program under section 2023 of this title.

(D) Recommendations, if any, regarding an extension or modification of such outreach plan, such outreach program, and such demonstration program.

(Added Pub. L. 107–95, §5(a)(1), Dec. 21, 2001, 115 Stat. 910; amended Pub. L. 110–387, title VI, §602(d)(3), Oct. 10, 2008, 122 Stat. 4132.)

Editorial Notes

Prior Provisions

A prior section 2022 was renumbered section 4302 of this title and subsequently omitted in the general amendment of chapter 43 of this title by Pub. L. 103–353, §2(a), Oct. 13, 1994, 108 Stat. 3150.

Amendments

2008—Subsec. (f)(2)(C). Pub. L. 110–387 struck out "demonstration" before "program".
38 U.S.C. § 5101 (2024) — Title 38: VETERANS' BENEFITS / Chapter 51 / Subchapter I / Section 5101: Claims and forms
Claims and forms
Status: in_force

(a)(1)(A) Except as provided in subparagraph (B), a specific claim in the form prescribed by the Secretary (or jointly with the Commissioner of Social Security, as prescribed by section 5105 of this title) must be filed in order for benefits to be paid or furnished to any individual under the laws administered by the Secretary.

(B)(i) The Secretary may pay benefits under chapters 13 and 15 and sections 2303, 2307, and 5121 of this title to a survivor of a veteran who has not filed a formal claim if the Secretary determines that the record contains sufficient evidence to establish the entitlement of the survivor to such benefits.

(ii) For purposes of this subparagraph and section 5110 of this title, the earlier of the following dates shall be treated as the date of the receipt of the survivor's application for benefits described in clause (i):

(I) The date on which the survivor of a veteran (or the representative of such a survivor) notifies the Secretary of the death of the veteran through a death certificate or other relevant evidence that establishes entitlement to survivors' benefits identified in clause (i).

(II) The head of any other department or agency of the Federal Government notifies the Secretary of the death of the veteran.

(iii) In notifying the Secretary of the death of a veteran as described in clause (ii)(I), the survivor (or the representative of such a survivor) may submit to the Secretary additional documents relating to such death without being required to file a formal claim.

(2) If an individual has not attained the age of 18 years, is mentally incompetent, or is physically unable to sign a form, a form filed under paragraph (1) for the individual may be signed by a court-appointed representative, a person who is responsible for the care of the individual, including a spouse or other relative, or an attorney in fact or agent authorized to act on behalf of the individual under a durable power of attorney. If the individual is in the care of an institution, the manager or principal officer of the institution may sign the form.

(b)(1) A claim by a surviving spouse or child for compensation or dependency and indemnity compensation shall also be considered to be a claim for death pension and accrued benefits, and a claim by a surviving spouse or child for death pension shall be considered to be a claim for death compensation (or dependency and indemnity compensation) and accrued benefits.

(2) A claim by a parent for compensation or dependency and indemnity compensation shall also be considered to be a claim for accrued benefits.

(c)(1) Any person who applies for, signs a form on behalf of an individual to apply for, or is in receipt of any compensation or pension benefit under laws administered by the Secretary shall, if requested by the Secretary, furnish the Secretary with the social security number of such person, or TIN in the case that the person is not an individual, and the social security number of any claimant, dependent, or beneficiary on whose behalf, or based upon whom, such person applies for or is in receipt of such benefit. A person is not required to furnish the Secretary with a social security number for any person to whom a social security number has not been assigned.

(2) The Secretary shall deny the application of or terminate the payment of compensation or pension to a person who fails to furnish the Secretary with a social security number or TIN required to be furnished pursuant to paragraph (1) of this subsection. The Secretary may thereafter reconsider the application or reinstate payment of compensation or pension, as the case may be, if such person furnishes the Secretary with such social security number or TIN.

(3) 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.

(d)(1) The Secretary shall publish in a central location on the internet website of the Department—

(A) the disability benefit questionnaire forms of the Department for the submittal of evidence from non-Department medical providers regarding a disability of a claimant, including any form or process that replaces any such disability benefit questionnaire form, including (except as provided in paragraph (4)(A)) all disability benefit questionnaire forms available to personnel of the Veterans Health Administration and covered non-Department providers for the completion of examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary; and

(B) details about the process used by the Department for submittal of evidence described in subparagraph (A).

(2) Subject to section 6103 of this title, if the Secretary updates a form described in paragraph (1)(A), the Secretary shall—

(A) accept the previous version of the form filed by a claimant if—

(i) the claimant provided to the non-Department medical provider the previous version of the form before the date on which the updated version of the form was made available; and

(ii) the claimant files the previous version of the form during the one-year period following the date the form was completed by the non-Department medical provider;

(B) request from the claimant (or from a non-Department medical provider if the claimant has authorized the provider to share health information with the Secretary) any other information that the updated version of the form requires; and

(C) apply the laws and regulations required to adjudicate the claim as if the claimant filed the updated version of the form.

(3) The Secretary may waive any interagency approval process required to approve a modification to a disability benefit questionnaire form if such requirement only applies by reason of the forms being made public.

(4)(A) The Secretary may exclude from publication under clauses (i) and (ii) of paragraph (1)(A) 1 any form described in subparagraph (B) of this paragraph that the Secretary determines could not reasonably be completed to a clinically acceptable standard by someone not an employee or a contractor of the Department.

(B) A form described in this subparagraph is a form that—

(i) was available or in use at any time after the date of the enactment of the Veterans Benefits Improvement Act of 2024; and

(ii) has not been published under paragraph (1).

(C) The Secretary shall include on the same internet website as the website on which forms are published under paragraph (1)(A) a list of forms that have been excluded from publication pursuant to subparagraph (A), and for each such form, a justification for the exclusion of the form from publication.

(e) In this section:

(1) The term "mentally incompetent" with respect to an individual means that the individual lacks the mental capacity—

(A) to provide substantially accurate information needed to complete a form; or

(B) to certify that the statements made on a form are true and complete.

(2) The term "TIN" has the meaning given the term in section 7701(a)(41) of the Internal Revenue Code of 1986.

(3) The term "covered non-Department provider" means a medical provider who is not an employee of the Department and who provides examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary pursuant to a contract with the Department.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1225, §3001; Pub. L. 97–295, §4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 99–576, title VII, §701(61), Oct. 28, 1986, 100 Stat. 3296; Pub. L. 101–508, title VIII, §8053(a), Nov. 5, 1990, 104 Stat. 1388–352; renumbered §5101 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 108–183, title VII, §708(c)(2), Dec. 16, 2003, 117 Stat. 2674; Pub. L. 112–154, title V, §502(a), Aug. 6, 2012, 126 Stat. 1190; Pub. L. 114–315, title I, §101(a), Dec. 16, 2016, 130 Stat. 1538; Pub. L. 116–315, title II, §§2006(a), 2202(b)(1)(E), Jan. 5, 2021, 134 Stat. 4975, 4985; Pub. L. 118–196, §2, Dec. 23, 2024, 138 Stat. 2671.)

Editorial Notes

References in Text

The date of the enactment of the Veterans Benefits Improvement Act of 2024, referred to in subsec. (d)(4)(B)(i), is the date of enactment of Pub. L. 118–196, which was approved Dec. 23, 2024.

Section 7701(a)(41) of the Internal Revenue Code of 1986, referred to in subsec. (e)(2), is classified to section 7701(a)(41) of Title 26, Internal Revenue Code.

Prior Provisions

Prior section 5101 was renumbered section 8301 of this title.

Amendments

2024—Subsec. (d)(1)(A). Pub. L. 118–196, §2(1)(A), inserted ", including (except as provided in paragraph (4)(A)) all disability benefit questionnaire forms available to personnel of the Veterans Health Administration and covered non-Department providers for the completion of examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary" after "any such disability benefit questionnaire form".

Subsec. (d)(4). Pub. L. 118–196, §2(1)(B), added par. (4).

Subsec. (e)(3). Pub. L. 118–196, §2(2), added par. (3).

2021—Subsec. (a)(1)(B)(i). Pub. L. 116–315, §2202(b)(1)(E), substituted "2303" for "2302".

Subsecs. (d), (e). Pub. L. 116–315, §2006(a), added subsec. (d) and redesignated former subsec. (d) as (e).

2016—Subsec. (a)(1). Pub. L. 114–315 designated existing provisions as subpar. (A), substituted "Except as provided in subparagraph (B), a specific" for "A specific", and added subpar. (B).

2012—Subsec. (a). Pub. L. 112–154, §502(a)(1), designated existing provisions as par. (1) and added par. (2).

Subsec. (c)(1). Pub. L. 112–154, §502(a)(2)(A), inserted ", signs a form on behalf of an individual to apply for," after "who applies for" and ", or TIN in the case that the person is not an individual," after "of such person" and substituted "claimant, dependent," for "dependent".

Subsec. (c)(2). Pub. L. 112–154, §502(a)(2)(B), inserted "or TIN" after "social security number" in two places.

Subsec. (d). Pub. L. 112–154, §502(a)(3), added subsec. (d).

2003—Subsec. (a). Pub. L. 108–183 substituted "Commissioner of Social Security" for "Secretary of Health and Human Services".

1991—Pub. L. 102–40, §402(b)(1), renumbered section 3001 of this title as this section.

Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" after "prescribed by the".

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

Pub. L. 102–40, §402(d)(1), substituted "5105" for "3005".

1990—Subsec. (c). Pub. L. 101–508 added subsec. (c).

1986—Subsec. (b)(1). Pub. L. 99–576 substituted "surviving spouse or" for "widow or" in two places.

1982—Subsec. (a). Pub. L. 97–295 substituted "Health and Human Services" for "Health, Education, and Welfare".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 2202(b)(1)(E) of Pub. L. 116–315 applicable to deaths that occur on or after the date that is two years after Jan. 5, 2021, see section 2202(d) of Pub. L. 116–315, set out as a note under section 113 of this title.

Effective Date of 2016 Amendment

Pub. L. 114–315, title I, §101(c), Dec. 16, 2016, 130 Stat. 1540, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to claims for benefits based on a death occurring on or after the date of the enactment of this Act [Dec. 16, 2016]."

Effective Date of 2012 Amendment

Pub. L. 112–154, title V, §502(b), Aug. 6, 2012, 126 Stat. 1191, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to claims filed on or after the date of the enactment of this Act [Aug. 6, 2012]."

Rule of Construction

Pub. L. 116–315, title II, §2006(e), Jan. 5, 2021, 134 Stat. 4977, provided that: "Nothing in this section [amending this section and enacting provisions set out as notes below] or section 5101(d) of such title [title 38], as added by subsection (a), may be construed to require the Secretary [of Veterans Affairs] to develop any new information technology system or otherwise require the Secretary to make any significant changes to the internet website of the Department."

Modernization of Department of Veterans Affairs Disability Benefit Questionnaires

Pub. L. 118–210, title III, §306, Jan. 2, 2025, 138 Stat. 2793, provided that:

"(a) Requirement for Transmission of Certain Information in Machine-readable Format.—

"(1) Requirement.—Not later than 180 days after enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall require all disability benefit questionnaire data collected in the course of medical disability examinations made by covered non-Department providers to be transmitted to the Department in a machine-readable format.

"(2) Issuance of standards.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue standards for the transmission of disability benefit questionnaire data in a machine-readable format as required under paragraph (1).

"(3) Updates.—In making updates to disability benefit questionnaires after the date specified in paragraph (1), the Secretary shall—

"(A) ensure that the updates are made in a manner that allows for the data collected under the questionnaires to be in a machine-readable format as of the date on which the update goes into effect; and

"(B) not later than 30 days before an update goes into effect, notify the covered non-Department providers (or the contractor performing a contract under section 504 of the Veterans['] Benefits Improvement[s] Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note)[set out below]) described in such paragraph of such updates.

"(b) Plan for Information Technology System Modification.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a plan to modify the information technology systems and processes of the Department to enable a non-Department health care professional, assigned to or selected by a claimant, to transmit to the Department, in a machine-readable format, disability benefit questionnaire data, including complete disability benefit questionnaires rather than partial questionnaires or elements of medical evidence.

"(c) Public Availability of Information.—The Secretary shall make publicly available on the internet website of the Department referred to in section 5101(d) of title 38, United States Code—

"(1) a description of the standards issued under subsection (a)(2); and

"(2) the plan required under subsection (b).

"(d) Definitions.—In this section:

"(1) The term 'claimant' has the meaning given such term in section 5100 of title 38, United States Code.

"(2) The term 'covered non-Department provider' means a health care provider who—

"(A) is not an employee of the Department of Veterans Affairs; and

"(B) pursuant to a contract under section 504 of the Veterans['] Benefits Improvement[s] Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note)[set out below], as amended by sections 304 and 305, examines a claimant for a medical disability."

Improvement of Provision of Medical Disability Examinations by Contractors

Pub. L. 118–196, §3, Dec. 23, 2024, 138 Stat. 2672, provided that:

"(a) Report on Improving Reimbursement for Travel Relating to Medical Disability Examinations.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Veterans Affairs, after consulting with the Secretary of State and the Commissioner of the Social Security Administration, shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the efforts of the Secretary to reimburse veterans for expenses incurred traveling to a facility of the Department or of a covered non-Department provider incident to an examination with respect to the medical disability of the veteran for purposes of benefits under the laws administered by the Secretary, regardless of whether the facility is located inside or outside the United States.

"(b) Communication by Non-Department Providers Providing Medical Disability Examinations With Individuals and Organizations Designated for Preparation, Presentation, and Prosecution of Claims.—Any contract entered into by the Secretary of Veterans Affairs after the date of the enactment of this Act under which a covered non-Department provider agrees to provide examinations with respect to medical disability for applicants for benefits under the laws administered by the Secretary, shall include a requirement that every communication from the covered non-Department provider to such an applicant regarding the scheduling of a covered medical disability examination be contemporaneously transmitted to any person or organization—

"(1) designated by the applicant by a power of attorney filed with the Secretary; and

"(2) recognized under sections 5902, 5903, and 5904 of title 38, United States Code, for the preparation, presentation, and prosecution of claims.

"(c) Department of Veterans Affairs Outreach Regarding Contact Information for Contractors Providing Covered Medical Disability Examinations.—Not later than 120 days after the date of enactment of this Act, the Secretary of Veterans Affairs, in partnership with veterans service organizations and such other stakeholders as the Secretary considers relevant and appropriate, shall implement an outreach program to provide veterans with the following information:

"(1) Contact information for covered non-Department providers that provide examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary, including the telephone numbers such providers may use to contact veterans.

"(2) Notice of the requirement for a veteran to provide personally identifiable information to such a provider when contacted in order to verify the identity of the veteran.

"(d) Covered Non-Department Provider.—In this section, the term 'covered non-Department provider' means a medical provider who is not an employee of the Department of Veterans Affairs and who provides examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary of Veterans Affairs pursuant to a contract with the Department."

Temporary Halt on Elimination of Medical Examiner Positions in Department of Veterans Affairs

Pub. L. 116–315, title II, §2002(b), Jan. 5, 2021, 134 Stat. 4968, provided that: "The Secretary of Veterans Affairs shall temporarily suspend the efforts of the Secretary in effect on the day before the date of the enactment of this Act [Jan. 5, 2021] to eliminate medical examiner positions in the Department of Veterans Affairs until the number of individuals awaiting a medical examination with respect to medical disability of the individuals for benefits under laws administered by the Secretary that are carried out through the Under Secretary for Benefits is equal to or less than the number of such individuals who were awaiting such a medical examination with respect to such purposes on March 1, 2020."

Initial Form

Pub. L. 116–315, title II, §2006(c), Jan. 5, 2021, 134 Stat. 4976, provided that: "The Secretary of Veterans Affairs shall begin carrying out section 5101(d)(1) of such title [title 38], as added by subsection (a), by publishing, as described in such section, the form described in such section that was in effect on January 1, 2020."

Alternate Process

Pub. L. 116–315, title II, §2006(d), Jan. 5, 2021, 134 Stat. 4976, provided that:

"(1) Assessment and report.—

"(A) In general.—Subject to paragraph (2), not later than 180 days after the date of the enactment of this act [sic] [Jan. 5, 2021], the Secretary [of Veterans Affairs] shall—

"(i) assess the feasibility and advisability of replacing disability benefit questionnaire forms that are used by non-Department medical providers to submit to the Secretary evidence regarding a disability of a claimant for benefits under laws administered by the Secretary, with another consistent process that considers evidence equally, whether provided by a Department or a non-Department medical provider; and

"(ii) submit to Congress—

"(I) a report on the findings of the Secretary with respect to the assessment conducted under clause (i); and

"(II) if the report submitted under subclause (I) of this clause includes a finding that replacing the disability benefit questionnaire forms described in clause (i) as described in such clause is feasible and advisable, a plan to replace such forms as described in such clause.

"(B) Collaboration required.—If, in carrying out the assessment required by clause (i) of subparagraph (A), the Secretary determines that replacing the disability benefit questionnaire forms described in such clause as described in such clause is feasible and advisable, the Secretary shall collaborate with, partner with, and consider the advice of veterans service organizations, and such other stakeholders as the Secretary considers appropriate, on the replacement forms and process for submitting such forms.

"(2) Requirements.—The Secretary may only determine under paragraph (1)(A) that replacing the forms described in such paragraph is feasible and advisable if the Secretary certifies that—

"(A) it is in the best interest of veterans to do so;

"(B) the replacement process would include all the medical information needed to adjudicate a claim for benefits under laws administered by the Secretary; and

"(C) the new process will ensure that all medical information provided will be considered equally, whether it is provided by a Department medical provider or a non-Department medical provider.

"(3) Implementation.—

"(A) In general.—Subject to subparagraph (B), if the Secretary determines under paragraph (1)(A) that replacing the forms as described in such paragraph is feasible and advisable, the Secretary shall, not later than two years after the date on which the Secretary submits the report under paragraph (1)(B)(i)—

"(i) replace the forms as described in paragraph (1)(A);

"(ii) publish such replacement pursuant to subparagraph (A) of section 5101(d)(1), as added by subsection (a)(2); and

"(iii) update the details under subparagraph (B) of such section.

"(B) Reports by inspector general of the department of veterans affairs.—If the Secretary replaces the forms under subparagraph (A), the Inspector General of the Department of Veterans Affairs shall, not later than one year after the date that the Secretary replaces such forms and not less frequently than once each year thereafter until the date that is three years after the date on which the Secretary replaces such forms, submit to Congress a report on the process that replaced such forms that ascertains whether the process properly protects veterans.

"(4) Limitation.—The Secretary may not discontinue the use of the disability benefit questionnaire forms described in paragraph (1)(A) until a replacement form or process is implemented."

Overpayments of Pension to Veterans Receiving Pension From the Department of Veterans Affairs

Pub. L. 116–315, title VI, §6003, Jan. 5, 2021, 134 Stat. 5051, provided that:

"(a) Guidance and Training for Claims Processors.—As the Secretary of Veterans Affairs considers necessary, but not less frequently than once every three years until the date that is 10 years after the date of the enactment of this Act [Jan. 5, 2021], the Under Secretary for Benefits of the Department of Veterans Affairs shall update guidance and training curriculum for the processors of claims for pension under chapter 15 of title 38, United States Code, regarding the evaluation of questionable medical expenses on applications for pension, including by updating such guidance with respect to what constitutes a questionable medical expense and by including examples of such expenses.

"(b) Identification and Tracking.—The Under Secretary shall develop a method for identifying and tracking the number of individuals who have received overpayments of pension under chapter 15 of title 38, United States Code.

"(c) Annual Report.—Not later than one year after the date of the enactment of this Act and not later than October 31 of each fiscal year beginning thereafter until the date that is four years after the date of the enactment of this Act, the Under Secretary shall submit to Congress a report that includes, for the period covered by the report, the following:

"(1) The number of individuals who received overpayments of pension under chapter 15 of title 38, United States Code.

"(2) The five most common reasons for overpayments described in paragraph (1).

"(3) The number of veterans who had to repay overpayments described in paragraph (1).

"(4) The number of veterans for whom the Secretary waived a requirement to repay an overpayment described in paragraph (1).

"(5) The total dollar amount of overpayments described in paragraph (1).

"(6) The total dollar amount of repayments of veterans for overpayments described in paragraph (1).

"(7) The average dollar amount of repayments described in paragraph (6)."

Plan for Processing Legacy Appeals and Implementing New Appeals System

Pub. L. 115–55, §§3–6, Aug. 23, 2017, 131 Stat. 1116–1127, provided that:

"SEC. 3. COMPREHENSIVE PLAN FOR PROCESSING OF LEGACY APPEALS AND IMPLEMENTING NEW APPEALS SYSTEM.

"(a) Plan Required.—Not later than 90 days after the date of the enactment of this Act [Aug. 23, 2017], the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress and the Comptroller General of the United States a comprehensive plan for—

"(1) the processing of appeals of decisions on legacy claims that the Secretary considers pending;

"(2) implementing the new appeals system;

"(3) timely processing, under the new appeals system, of—

"(A) supplemental claims under section 5108 of title 38, United States Code, as amended by section 2(i);

"(B) requests for higher-level review under section 5104B of such title, as added by section 2(g); and

"(C) appeals on any docket maintained under section 7107 of such title, as amended by section 2(t); and

"(4) monitoring the implementation of the new appeals system, including metrics and goals—

"(A) to track the progress of the implementation;

"(B) to evaluate the efficiency and effectiveness of the implementation; and

"(C) to identify potential issues relating to the implementation.

"(b) Elements.—The plan required by subsection (a) shall include, at a minimum, the following:

"(1) Delineation of the total resource requirements of the Veterans Benefits Administration and the Board of Veterans' Appeals, disaggregated by resources required to implement and administer the new appeals system and resources required to address the appeals of decisions on legacy claims.

"(2) Delineation of the personnel requirements of the Administration and the Board, including staffing levels during the—

"(A) period in which the Administration and the Board are concurrently processing—

"(i) appeals of decisions on legacy claims; and

"(ii) appeals of decisions on non-legacy claims under the new appeals system; and

"(B) the period during which the Administration and the Board are no longer processing any appeals of decisions on legacy claims.

"(3) Identification of the legal authorities under which the Administration or the Board may—

"(A) hire additional employees to conduct the concurrent processing described in paragraph (2)(A); and

"(B) remove employees who are no longer required by the Administration or the Board once the Administration and the Board are no longer processing any appeals of decisions on legacy claims.

"(4) An estimate of the amount of time the Administration and the Board will require to hire additional employees as described in paragraph (3)(A) once funding has been made available for such purpose, including a comparison of such estimate and the historical average time required by the Administration and the Board to hire additional employees.

"(5) A description of the amount of training and experience that will be required of individuals conducting higher-level reviews under section 5104B of title 38, United States Code, as added by section 2(g).

"(6) An estimate of the percentage of higher-level adjudicators who will be employees of the Department of Veterans Affairs who were Decision Review Officers on the day before the new appeals system takes effect or had experience, as of such date, comparable to that of one who was a Decision Review Officer.

"(7) A description of the functions that will be performed after the date on which the new appeals system takes effect by Decision Review Officers who were Decision Review Officers on the day before the date the new appeals system takes effect.

"(8) Identification of and a timeline for—

"(A) any training that may be required as a result of hiring new employees to carry out the new appeals system or to process appeals of decisions on legacy claims; and

"(B) any retraining of existing employees that may be required to carry out such system or to process such claims.

"(9) Identification of the costs to the Department of Veterans Affairs of the training identified under paragraph (8) and any additional training staff and any additional training facilities that will be required to provide such training.

"(10) A description of the modifications to the information technology systems of the Administration and the Board that the Administration and the Board require to carry out the new appeals system, including cost estimates and a timeline for making the modifications.

"(11) An estimate of the office space the Administration and the Board will require during each of the periods described in paragraph (2), including—

"(A) an estimate of the amount of time the Administration and the Board will require to acquire any additional office space to carry out processing of appeals of decisions on legacy claims and processing of appeals under the new appeals system;

"(B) a comparison of the estimate under subparagraph (A) and the historical average time required by the Administration and the Board to acquire new office space; and

"(C) a plan for using telework to accommodate staff exceeding available office space, including how the Administration and the Board will provide training and oversight with respect to such teleworking.

"(12) Projections for the productivity of individual employees at the Administration and the Board in carrying out tasks relating to the processing of appeals of decisions on legacy claims and appeals under the new appeals system, taking into account the experience level of new employees and the enhanced notice requirements under section 5104(b) of title 38, United States Code, as amended by section 2(e).

"(13) An outline of the outreach the Secretary expects to conduct to inform veterans, families of veterans, survivors of veterans, veterans service organizations, military service organizations, congressional caseworkers, advocates for veterans, and such other stakeholders as the Secretary considers appropriate about the new appeals system, including—

"(A) a description of the resources required to conduct such outreach; and

"(B) timelines for conducting such outreach.

"(14) Timelines for updating any policy guidance, Internet websites, and official forms that may be necessary to carry out the new appeals system, including—

"(A) identification of which offices and entities will be involved in efforts relating to such updating; and

"(B) historical information about how long similar update efforts have taken.

"(15) A timeline, including interim milestones, for promulgating such regulations as may be necessary to carry out the new appeals system and a comparison with historical averages for time required to promulgate regulations of similar complexity and scope.

"(16) An outline of the circumstances under which claimants with pending appeals of decisions on legacy claims would be authorized to have their appeals reviewed under the new appeals system.

"(17) A delineation of the key goals and milestones for reducing the number of pending appeals that are not processed under the new appeals system, including the expected number of appeals, remands, and hearing requests at the Administration and the Board each year, beginning with the one year period beginning on the date of the enactment of this Act [Aug. 23, 2017], until there are no longer any appeals pending before the Administration or the Board for a decision on a legacy claim.

"(18) A description of each risk factor associated with each element of the plan and a contingency plan to minimize each such risk.

"(c) Review by Comptroller General of the United States.—

"(1) In general.—Not later than 90 days after the Comptroller General of the United States receives the plan required by subsection (a), the Comptroller General shall—

"(A) assess such plan; and

"(B) notify the appropriate committees of Congress of the findings of the Comptroller General with respect to the assessment conducted under subparagraph (A).

"(2) Elements.—The assessment conducted under paragraph (1)(A) shall include the following:

"(A) An assessment of whether the plan comports with sound planning practices.

"(B) Identification of any gaps in the plan.

"(C) Formulation of such recommendations as the Comptroller General considers appropriate.

"(d) Periodic Progress Reports.—Not later than 90 days after the date on which the Secretary submits the plan under subsection (a), not less frequently than once every 90 days thereafter until the applicability date set forth in section 2(x)(1) [of Pub. L. 115–55, set out in a note under section 101 of this title], and not less frequently than once every 180 days thereafter for the seven-year period following such applicability date, the Secretary shall submit to the appropriate committees of Congress and the Comptroller General a report on the progress of the Secretary in carrying out the plan and what steps, if any, the Secretary has taken to address any recommendations formulated by the Comptroller General pursuant to subsection (c)(2)(C).

"(e) Publication.—The Secretary shall make available to the public on an Internet website of the Department of Veterans Affairs—

"(1) the plan required by subsection (a); and

"(2) the periodic progress reports required by subsection (d).

"(f) Appropriate Committees of Congress Defined.—In this section, the term 'appropriate committees of Congress' means—

"(1) the Committee on Veterans' Affairs and the Committee on Appropriations of the Senate; and

"(2) the Committee on Veterans' Affairs and the Committee on Appropriations of the House of Representatives.

"SEC. 4. PROGRAMS TO TEST ASSUMPTIONS RELIED ON IN DEVELOPMENT OF COMPREHENSIVE PLAN FOR PROCESSING OF LEGACY APPEALS AND SUPPORTING NEW APPEALS SYSTEM.

"(a) Authorization.—

"(1) In general.—The Secretary of Veterans Affairs may carry out such programs as the Secretary considers appropriate to test any assumptions relied upon in developing the comprehensive plan required by section 3(a) and to test the feasibility and advisability of any facet of the new appeals system.

"(2) Reporting required.—Whenever the Secretary determines, based on the conduct of a program under paragraph (1), that legislative changes to the new appeals system are necessary, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives notice of such determination.

"(b) Department of Veterans Affairs Program on Fully Developed Appeals.—

"(1) In general.—The Secretary of Veterans Affairs may, under subsection (a)(1), carry out a program to provide the option of an alternative appeals process that shall more quickly determine such appeals in accordance with this subsection.

"(2) Election.—

"(A) Filing.—In accordance with subparagraph (B), a claimant may elect to file a fully developed appeal under the program by filing with the Secretary all of the following:

"(i) The notice of disagreement under chapter 71 of title 38, United States Code, along with the written election of the claimant to have the appeal determined under the program.

"(ii) All evidence that the claimant believes is needed for the appeal as of the date of the filing.

"(iii) A statement of the argument in support of the claim, if any.

"(B) Timing.—A claimant shall make an election under subparagraph (A) as part of the notice of disagreement filed by the claimant in accordance with subparagraph (A)(i).

"(C) Triage.—The Secretary shall, upon expiration of the period specified in paragraph (3)(C)(iii), ensure that an assessment is undertaken of whether an appeal filed under subparagraph (A) of this paragraph satisfies the requirements for appeal under the program and provide appropriate notification to the claimant of the results of that assessment.

"(D) Reversion.—

"(i) Elected reversion.—At any time, a claimant who makes an election under subparagraph (A) may elect to revert to the standard appeals process. Such a reversion shall be final.

"(ii) Automatic reversion.—A claimant described in clause (i), or a claimant who makes an election under subparagraph (A) but is later determined to be ineligible for the program under paragraph (1), shall revert to the standard appeals process without any penalty to the claimant other than the loss of the docket number associated with the fully developed appeal.

"(E) Outreach.—In providing claimants with notices of the determination of a claim during the period in which the program under paragraph (1) is carried out, the Secretary shall conduct outreach as follows:

"(i) The Secretary shall provide to the claimant (and to the representative of record of the claimant, if any) information regarding—

     "(I) the program, including the advantages and disadvantages of the program;

     "(II) how to make an election under subparagraph (A);

     "(III) the limitation on the use of new evidence described in subparagraph (C) of paragraph (3) and the development of information under subparagraph (D) of such paragraph;

     "(IV) the ability of the claimant to seek advice and education regarding such process from veterans service organizations, attorneys, and claims agents recognized under chapter 59 of title 38, United States Code; and

     "(V) the circumstances under which the appeal will automatically revert to the standard appeals process, including by making a request for a hearing.

"(ii) The Secretary shall collaborate, partner with, and give weight to the advice of the three veterans service organizations with the most members and such other stakeholders as the Secretary considers appropriate to publish on the Internet website of the Department of Veterans Affairs an online tutorial explaining the advantages and disadvantages of the program.

"(3) Treatment by department and board.—

"(A) Process.—Upon the election of a claimant to file a fully developed appeal pursuant to paragraph (2)(A), the Secretary shall—

"(i) not provide the claimant with a statement of the case nor require the claimant to file a substantive appeal; and

"(ii) transfer jurisdiction over the fully developed appeal directly to the Board of Veterans' Appeals.

"(B) Docket.—

"(i) In general.—The Board of Veterans' Appeals shall—

     "(I) maintain fully developed appeals on a separate docket than standard appeals;

     "(II) decide fully developed appeals in the order that the fully developed appeals are received on the fully developed appeal docket;

     "(III) except as provided by clause (ii), decide not more than one fully developed appeal for each four standard appeals decided; and

     "(IV) to the extent practicable, decide each fully developed appeal by the date that is one year following the date on which the claimant files the notice of disagreement.

"(ii) Adjustment.—Beginning one year after the date on which the program commences, the Board may adjust the number of standard appeals decided for each fully developed appeal under clause (i)(III) if the Board determines that such adjustment is fair for both standard appeals and fully developed appeals.

"(C) Limitation on use of new evidence.—

"(i) In general.—Except as provided by clauses (ii) and (iii)—

     "(I) a claimant may not submit or identify to the Board of Veterans' Appeals any new evidence relating to a fully developed appeal after filing such appeal unless the claimant reverts to the standard appeals process pursuant to paragraph (2)(D); and

     "(II) if a claimant submits or identifies any such new evidence, such submission or identification shall be deemed to be an election to make such a reversion pursuant to paragraph (2)(D).

"(ii) Evidence gathered by board.—Clause (i) shall not apply to evidence developed pursuant to subparagraphs (D) and (E). The Board shall consider such evidence in the first instance without consideration by the Veterans Benefits Administration.

"(iii) Representative of record.—The representative of record of a claimant for appeals purposes, if any, shall be provided an opportunity to review the fully developed appeal of the claimant and submit any additional arguments or evidence that the representative determines necessary during a period specified by the Board for purposes of this subparagraph.

"(D) Prohibition on remand for additional development.—If the Board of Veterans' Appeals determines that a fully developed appeal requires Federal records, independent medical opinions, or new medical examinations, the Board shall—

"(i) in accordance with subparagraph (E), take such actions as may be necessary to develop such records, opinions, or examinations in accordance with section 5103A of title 38, United States Code;

"(ii) retain jurisdiction of the fully developed appeal without requiring a determination by the Veterans Benefits Administration based on such records, opinions, or examinations;

"(iii) ensure the claimant, and the representative of record of a claimant, if any, receives a copy of such records, opinions, or examinations; and

"(iv) provide the claimant a period of 90 days after the date of mailing such records, opinions, or examinations during which the claimant may provide the Board any additional evidence without requiring the claimant to make a reversion pursuant to paragraph (2)(D).

"(E) Development unit.—

"(i) Establishment.—The Board of Veterans' Appeals shall establish an office to develop Federal records, independent medical opinions, and new medical examinations pursuant to subparagraph (D)(i) that the Board determines necessary to decide a fully developed appeal.

"(ii) Requirements.—The Secretary shall—

     "(I) ensure that the Veterans Benefits Administration cooperates with the Board of Veterans' Appeals in carrying out clause (i); and

     "(II) transfer employees of the Veterans Benefits Administration who, prior to the enactment of this Act [see Tables for classification], were responsible for processing claims remanded by the Board of Veterans' Appeals to positions within the office of the Board established under clause (i) in a number the Secretary determines sufficient to carry out such subparagraph.

"(F) Hearings.—Notwithstanding section 7107 of title 38, United States Code, the Secretary may not provide hearings with respect to fully developed appeals under the program. If a claimant requests to hold a hearing pursuant to such section 7107, such request shall be deemed to be an election to revert to the standard appeals process pursuant to paragraph (2)(D).

"(4) Duration; applicability.—

"(A) Duration.—Subject to subsection (c), the Secretary may carry out the program during such period as the Secretary considers appropriate.

"(B) Applicability.—This section shall apply only to fully developed appeals that are filed during the period in which the program is carried out pursuant to subparagraph (A).

"(5) Definitions.—In this subsection:

"(A) Compensation.—The term 'compensation' has the meaning given that term in section 101 of title 38, United States Code.

"(B) Fully developed appeal.—The term 'fully developed appeal' means an appeal of a claim for disability compensation that is—

"(i) filed by a claimant in accordance with paragraph (2)(A); and

"(ii) considered in accordance with this subsection.

"(C) Standard appeal.—The term 'standard appeal' means an appeal of a claim for disability compensation that is not a fully developed appeal.

"(c) Termination of Authority.—The Secretary of Veterans Affairs may not carry out a program under this section after the applicability date set forth in section 2(x)(1) [of Pub. L. 115–55, set out in a note under section 101 of this title].

"SEC. 5. PERIODIC PUBLICATION OF METRICS RELATING TO PROCESSING OF APPEALS BY DEPARTMENT OF VETERANS AFFAIRS.

"The Secretary of Veterans Affairs shall periodically publish on an Internet website of the Department of Veterans Affairs the following:

"(1) With respect to the processing by the Secretary of appeals under the new appeals system of decisions regarding claims for benefits under laws administered by the Secretary, the following:

"(A) For the Veterans Benefits Administration and, to the extent practicable, each regional office of the Department of Veterans Affairs, the number of—

"(i) supplemental claims under section 5108 of title 38, United States Code, as amended by section 2(i), that are pending; and

"(ii) requests for higher-level review under section 5104B of such title, as added by section 2(g), that are pending.

"(B) The number of appeals on any docket maintained under section 7107 of such title, as amended by section 2(t), that are pending.

"(C) The average duration for processing claims and supplemental claims, disaggregated by regional office.

"(D) The average duration for processing requests for higher-level review under section 5104B of such title, as added by section 2(g), disaggregated by regional office.

"(E) The average number of days that appeals are pending on a docket of the Board of Veterans' Appeals maintained pursuant to section 7107 of such title, as amended by section 2(t), disaggregated by—

"(i) appeals that include a request for a hearing;

"(ii) appeals that do not include a request for a hearing and do include submittal of evidence; and

"(iii) appeals that do not include a request for a hearing and do not include submittal of evidence.

"(F) With respect to the policy developed and implemented under section 7107(e) of such title, as amended by section 2(t)—

"(i) the number of cases moved from one docket to another pursuant to such policy;

"(ii) the average time cases were pending prior to moving from one docket to another; and

"(iii) the average time to adjudicate the cases after so moving.

"(G) The total number of remands to obtain advisory medical opinions under section 5109(d) of title 38, United States Code, as added by section 2(j).

"(H) The average number of days between the date on which the Board remands a claim to obtain an advisory medical opinion under section 5109(d) of such title, as so added, and the date on which the advisory medical opinion is obtained.

"(I) The average number of days between the date on which the Board remands a claim to obtain an advisory medical opinion under section 5109(d) of such title, as so added, and the date on which the agency of original jurisdiction issues a decision taking that advisory opinion into account.

"(J) The number of appeals that are granted, the number of appeals that are remanded, and the number of appeals that are denied by the Board disaggregated by docket.

"(K) The number of claimants each year that take action within the period set forth in section 5110(a)(2) of such title, as added by section 2(l), to protect their effective date under such section 5110(a)(2), disaggregated by the status of the claimants taking the actions, such as whether the claimant is represented by a veterans service organization, the claimant is represented by an attorney, or the claimant is taking such action pro se.

"(L) The total number of times on average each claimant files under section 5110(a)(2) of such title, as so added, to protect their effective date under such section, disaggregated by the subparagraph of such section under which they file.

"(M) The average duration, from the filing of an initial claim until the claim is resolved and claimants no longer take any action to protect their effective date under section 5110(a)(2) of such title, as so added—

"(i) of claims under the new appeals system, excluding legacy claims that opt in to the new appeals system; and

"(ii) of legacy claims that opt in to the new appeals system.

"(N) How frequently an action taken within one year to protect an effective date under section 5110(a)(2) of such title, as so added, leads to additional grant of benefits, disaggregated by action taken.

"(O) The average of how long it takes to complete each segment of the claims process while claimants are protecting the effective date under such section, disaggregated by the time waiting for the claimant to take an action and the time waiting for the Secretary to take an action.

"(P) The number and the average amount of retroactive awards of benefits from the Secretary as a result of protected effective dates under such section, disaggregated by action taken.

"(Q) The average number of times claimants submit to the Secretary different claims with respect to the same condition, such as an initial claim and a supplemental claim.

"(R) The number of cases each year in which a claimant inappropriately tried to take simultaneous actions, such as filing a supplemental claim while a higher-level review is pending, what actions the Secretary took in response, and how long it took on average to take those actions.

"(S) In the case that the Secretary develops and implements a policy under section 5104C(a)(2)(D) of such title, as amended by section 2(h)(1), the number of actions withdrawn and new actions taken pursuant to such policy.

"(T) The number of times the Secretary received evidence relating to an appeal or higher-level review at a time not authorized under the new appeals system, disaggregated by actions taken by the Secretary to deal with the evidence and how long on average it took to take those actions.

"(U) The number of errors committed by the Secretary in carrying out the Secretary's duty to assist under section 5103A of title 38, United States Code, that were identified by higher-level review and by the Board, disaggregated by type of error, such as errors relating to private records and inadequate examinations, and a comparison with errors committed by the Secretary in carrying out such duty with respect to appeals of decisions on legacy claims.

"(V) An assessment of the productivity of employees at the regional offices and at the Board, disaggregated by level of experience of the employees.

"(W) The percentage of cases that are decided within the goals established by the Secretary for deciding cases, disaggregated by cases that involve a supplemental claim, cases that involve higher-level review, and by docket maintained under section 7107(a) of such title, as amended by section 2(t), or in the case that the Secretary has not established goals for deciding cases, the percentage of cases which are decided within one year, two years, three years, and more than three years, disaggregated by docket.

"(X) Of the cases that involve higher-level review, the percentage of decisions that are overturned in whole or in part by the higher-level adjudicator, that are upheld by the higher-level adjudicator, and that are returned for correction of an error.

"(Y) The frequency by which the Secretary readjudicates a claim pursuant to section 5108 of such title, as amended by section 2(i), and the frequency by which readjudication pursuant to section 5108 of such title, as so amended, results in an award of benefits.

"(Z) In any case in which the Board decides to screen cases for a purpose described in section 7107(d) of such title, as amended by section 2(t)(1)—

"(i) a description of the way in which the cases are screened and the purposes for which they are screened;

"(ii) a description of the effect such screening has had on—

     "(I) the timeliness of the issuance of decisions of the Board; and

     "(II) the inventory of cases before the Board; and

"(iii) the type and frequency of development errors detected through such screening.

"(2) With respect to the processing by the Secretary of appeals of decisions on legacy claims, the following:

"(A) The average duration of each segment of the appeals process, disaggregated by periods in which the Secretary is waiting for a claimant to take an action and periods in which the claimant is waiting for the Secretary to take an action.

"(B) The frequency by which appeals lead to additional grant of benefits by the Secretary, disaggregated by whether the additional benefits are a result of additional evidence added after the initial decision.

"(C) The number and average amount of retroactive awards of benefits resulting from an appeal.

"(D) The average duration from filing a legacy claim with the Secretary until all appeals and remands relating to such legacy claim are completed.

"(E) The average number of times claimants submit to the Secretary different claims with respect to the same condition, such as an initial claim, new and material evidence, or a claim for an increase in benefits.

"(F) An assessment of the productivity of employees at the regional offices and at the Board, disaggregated by level of experience of the employees.

"(G) The average number of days the duration of an appeal is extended because the Secretary secured or attempted to secure an advisory medical opinion under section 5109 of title 38, United States Code, or [former] section 7109 of such title (as in effect on the day before the date of the enactment of this Act [Aug. 23, 2017]).

"(H) The frequency by which claims are reopened pursuant to section 5108 of such title and the frequency by which such reopening results in an award of benefits.

"(3) With respect to the processing by the Secretary of appeals of decisions on legacy claims that opt in to the new appeals system, the following:

"(A) The cumulative number of such legacy claims.

"(B) The portion of work in the new appeals system attributable to appeals of decisions on such legacy claims.

"(C) The average period such legacy claims were pending before opting in to the new appeals system and the average period required to adjudicate such legacy claims on average after opting in—

"(i) with respect to claims at a regional office of the Department of Veterans Affairs, disaggregated by—

     "(I) supplemental claims under section 5108 of title 38, United States Code, as amended by section 2(i); and

     "(II) requests for higher-level review under section 5104B of such title, as added by section 2(g); and

"(ii) with respect to appeals, disaggregated by docket of the Board maintained under section 7107 of such title, as amended by section 2(t).

"SEC. 6. DEFINITIONS.

"In this Act [see Tables for classification]:

"(1) Claimant.—The term 'claimant' has the meaning given such term in section 5100 of title 38, United States Code.

"(2) Legacy claims.—The term 'legacy claim' means a claim—

"(A) that was submitted to the Secretary of Veterans Affairs for a benefit under a law administered by the Secretary; and

"(B) for which notice of a decision under section 5104 of title 38, United States Code, was provided by the Secretary before the date set forth in section 2(x) [of Pub. L. 115–55, set out as a note under section 101 of this title].

"(3) Opt in.—The term 'opt in' means, with respect to a legacy claim of a claimant, that the claimant elects to subject the claim to the new appeals system pursuant to—

"(A) section 2(x)(3); or

"(B) such other mechanism as the Secretary may prescribe for purposes of carrying out this Act and the amendments made by this Act.

"(4) New appeals system.—The term 'new appeals system' means the set of processes and mechanisms by which the Secretary processes, pursuant to the authorities and requirements modified by section 2 [see Tables for classification], claims for benefits under laws administered by the Secretary."

Pilot Programs on Expedited Treatment of Fully Developed Claims and Provision of Checklists to Individuals Submitting Claims

Pub. L. 110–389, title II, §221, Oct. 10, 2008, 122 Stat. 4154, provided that:

"(a) Pilot Program on Expedited Treatment of Fully Developed Claims.—

"(1) In general.—The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of providing expeditious treatment of fully developed compensation or pension claims to ensure that such claims are adjudicated not later than 90 days after the date on which such claim is submitted as fully developed.

"(2) Duration of pilot program.—The pilot program under this subsection shall be carried out during the one-year period beginning on the date that is 60 days after the date of the enactment of this Act [Oct. 10, 2008].

"(3) Program locations.—The pilot program under this subsection shall be carried out at 10 regional offices of the Department of Veterans Affairs selected by the Secretary for purposes of such pilot program.

"(4) Fully developed claim defined.—For purposes of this subsection, the term 'fully developed claim' means a claim for a benefit under a law administered by the Secretary—

"(A) for which the claimant—

"(i) received assistance from a veterans service officer, a State or country [probably should be "county"] veterans service officer, an agent, or an attorney; or

"(ii) submits along with the claim an appropriate indication that the claimant does not intend to submit any additional information or evidence in support of the claim and does not require additional assistance with respect to the claim; and

"(B) for which the claimant—

"(i) submits a certification in writing that is signed and dated by the claimant stating that, as of such date, no additional information or evidence is available or needs to be submitted in order for the claim to be adjudicated; and

"(ii) for which the claimant's representative, if any, submits a certification in writing that is signed and dated by the representative stating that, as of such date, no additional information or evidence is available or needs to be submitted in order for the claim to be adjudicated.

"(b) Pilot Program on Provision of Checklists to Individuals Submitting Claims.—

"(1) In general.—The Secretary shall carry out a pilot program to assess the feasibility and advisability of providing to a claimant for whom the Secretary is required under section 5103(a) of title 38, United States Code, to provide notice of required information and evidence to such claimant and such claimant's representative, if any, a checklist that includes information or evidence required to be submitted by the claimant to substantiate the claim.

"(2) Duration of pilot program.—The pilot program under this subsection shall be carried out—

"(A) for original claims filed after the date of the enactment of this Act [Oct. 10, 2008], during the one-year period beginning on the date that is 60 days after the date of the enactment of this Act; and

"(B) for claims to reopen and for claims for increased ratings that were filed after the date of the enactment of this Act, during the three-year period beginning on the date that is 60 days after the date of the enactment of this Act.

"(3) Program locations.—The pilot program under this subsection shall be carried out at four regional offices of the Department selected by the Secretary for purposes of such pilot program.

"(4) Construction.—A checklist provided under the pilot program under this subsection—

"(A) shall be construed to be an addendum to a notice provided under section 5103(a) of title 38, United Sates Code; and

"(B) shall not be considered as part of such notice for purposes of reversal or remand of a decision of the Secretary.

"(c) Reports.—

"(1) First initial report.—Not later than 335 days after the date of the enactment of this Act [Oct. 10, 2008], the Secretary shall submit to Congress a report on the pilot program under subsection (a) and the pilot program under subsection (b) with respect to claims described in subsection (b)(2)(A).

"(2) Second interim report.—Not later than 1,065 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the pilot program under subsection (b) with respect to claims described in subsection (b)(2)(B).

"(3) Elements of interim reports.—The reports required by paragraphs (1) and (2) shall include the following:

"(A) Data concerning the number and type of claims covered by the respective pilot program.

"(B) The findings of the Secretary with respect to the respective pilot program.

"(C) The recommendations of the Secretary on the feasibility and advisability of continuing or expanding the respective pilot program and any necessary modifications to such pilot program for continuation or expansion.

"(D) Such other information as the Secretary considers appropriate.

"(4) Final report.—Not later than 180 days after the completion of each pilot program carried out under this section, the Secretary shall submit to Congress a final report on the feasibility and advisability of continuing or expanding the respective pilot program."

Study of Performance Measures for Claims Adjudications of the Veterans Benefits Administration

Pub. L. 110–389, title II, §226, Oct. 10, 2008, 122 Stat. 4159, provided that:

"(a) Study of Work Credit System and Work Management System Required.—The Secretary of Veterans Affairs shall conduct a study on the effectiveness of the current employee work credit system and work management system of the Veterans Benefits Administration of the Department of Veterans Affairs, which is used—

"(1) to measure and manage the work production of employees of the Veterans Benefits Administration who handle claims for compensation and pension benefits; and

"(2) to evaluate more effective means of improving performance.

"(b) Contents of Study.—In carrying out the study under subsection (a), the Secretary shall consider—

"(1) measures to improve the accountability, quality, and accuracy for processing claims for compensation and pension benefits under laws administered by the Secretary that are adjudicated by the Veterans Benefits Administration;

"(2) accountability for claims adjudication outcomes;

"(3) the quality of claims adjudicated;

"(4) a simplified process to adjudicate claims;

"(5) the maximum use of information technology applications;

"(6) rules-based applications and tools for processing and adjudicating claims efficiently and effectively;

"(7) methods of reducing the time required to obtain information from outside sources; and

"(8) the elements needed to implement—

"(A) performance standards and accountability measures, intended to ensure that—

"(i) claims for benefits under the laws administered by the Secretary are processed in an objective, accurate, consistent, and efficient manner; and

"(ii) final decisions with respect to such claims are consistent and issued within the target identified in the most recent annual Performance and Accountability report submitted by the Secretary to Congress for the most recent fiscal year;

"(B) guidelines and procedures for the identification and prompt processing of such claims that are ready to rate upon submittal;

"(C) guidelines and procedures for the identification and prompt processing of such claims submitted by severely injured and very severely injured veterans, as determined by the Secretary; and

"(D) 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 October 31, 2009, the Secretary shall submit to Congress a report on—

"(1) the study conducted under subsection (a); and

"(2) the components required to implement the updated system for evaluating employees of the Veterans Benefits Administration required under subsection (d).

"(d) Evaluation of Certain Veterans Benefits Administration Employees Responsible for Processing Claims for Compensation and Pension Benefits.—Not later than 210 days after the date on which the Secretary submits to Congress the report required under subsection (c), the Secretary shall establish an updated system for evaluating the performance and accountability of employees of the Veterans Benefits Administration who are responsible for processing claims for compensation or pension benefits. Such system shall be based on the findings of the study conducted by the Secretary under subsection (a)."

Review and Enhancement of Use of Information Technology in Veterans Benefits Administration

Pub. L. 110–389, title II, §227, Oct. 10, 2008, 122 Stat. 4160, provided that:

"(a) Review and Comprehensive Plan.—Not later than one year after the date of the enactment of this Act [Oct. 10, 2008], the Secretary of Veterans Affairs shall—

"(1) conduct a review of the use of information technology in the Veterans Benefits Administration with respect to the processing of claims for compensation and pension benefits; and

"(2) develop a comprehensive plan for the use of such technology in processing such claims so as to reduce subjectivity, avoidable remands, and regional office variances in disability ratings for specific disabilities.

"(b) Information Technology.—The plan developed under subsection (a)(2) shall include the following:

"(1) The use of rules-based processing or information technology systems utilizing automated decision support software at all levels of processing such claims.

"(2) The enhancement of the use of information technology for all aspects of the claims process.

"(3) Development of a technological platform that—

"(A) 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

"(B) to the extent practicable—

"(i) provides the capability to such members, veterans, and dependents to view applications for benefits submitted online; and

"(ii) complies with the provisions of subchapter III of chapter 35 of title 44, United States Code, section 552a of title 5, United States Code, and other relevant security policies and guidelines.

"(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) Such changes as may be required to the electronic health record system of the Department of Veterans Affairs and the Department of Defense to ensure that Veterans Benefits Administration claims examiners can access the available electronic medical information of the Department of Veterans Affairs and the Department of Defense.

"(6) The provision of bi-directional access to medical records and service records between the Department of Veterans Affairs and the Department of Defense.

"(7) The availability, on a secure Internet website of the Department of Veterans Affairs, of a portal that can be used by a claimant to check on the status of any claim submitted by that claimant and that provides information, if applicable, on—

"(A) whether a decision has been reached with respect to such a claim and 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 substantiate 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—

"(1) best practices and lessons learned within the Department of Veterans Affairs; and

"(2) 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, not later than three years after implementation, includes information technology to the extent possible to reduce the processing time for each compensation and pension claim processed by the Veterans Benefits Administration. The performance for claims processing under this plan shall be adjusted for changes to the numbers of claims filed in a given period, the complexity of those claims, and any changes to the basic claims processing rules which occur during the assessment period.

"(e) Consultation.—In carrying out this section, the Secretary of Veterans Affairs shall consult with information technology designers at the Veterans Benefits Administration, 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.—Not later than April 1, 2010, the Secretary shall submit to Congress a report on the review and comprehensive plan required under this section."

Temporary Authority for Performance of Medical Disabilities Examinations by Contract Physicians

Pub. L. 108–183, title VII, §704, Dec. 16, 2003, 117 Stat. 2672, as amended by Pub. L. 110–389, §105, Oct. 10, 2008, 122 Stat. 4149; Pub. L. 111–275, title VIII, §809, Oct. 13, 2010, 124 Stat. 2894; Pub. L. 112–191, title II, §207, Oct. 5, 2012, 126 Stat. 1440; Pub. L. 113–59, §14, Dec. 20, 2013, 127 Stat. 663; Pub. L. 113–175, title I, §106, Sept. 26, 2014, 128 Stat. 1903; Pub. L. 114–58, title IV, §409, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, §412, Sept. 29, 2016, 130 Stat. 941; Pub. L. 114–315, title I, §109(a)(1), Dec. 16, 2016, 130 Stat. 1544; Pub. L. 115–91, div. A, title V, §529, Dec. 12, 2017, 131 Stat. 1383, provided that:

"(a) Authority.—Using appropriated funds, other than funds available for compensation and pension, the Secretary of Veterans Affairs may provide for the conduct of examinations with respect to the medical disabilities of applicants for benefits under laws administered by the Secretary by persons other than Department of Veterans Affairs employees. The authority under this section is in addition to the authority provided in section 504(b) of the Veterans' Benefits Improvement Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note).

"(b) Performance by Contract.—Examinations under the authority provided in subsection (a) shall be conducted pursuant to contracts entered into and administered by the Under Secretary for Benefits.

"(c) Expiration.—The authority in subsection (a) shall expire on December 31, 2018. No examination may be carried out under the authority provided in that subsection after that date.

"(d) Licensure of Contract Physicians.—

"(1) In general.—Notwithstanding any law regarding the licensure of physicians, a physician described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (b) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract.

"(2) Physician described.—A physician described in this paragraph is a physician who—

"(A) has a current unrestricted license to practice the health care profession of the physician;

"(B) is not barred from practicing such health care profession in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and

"(C) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (b).

"(e) Report.—Not later than four years after the date of the enactment of this Act [Dec. 16, 2003], the Secretary shall submit to Congress a report on the use of the authority provided in subsection (a). The Secretary shall include in the report an assessment of the effect of examinations under that authority on the cost, timeliness, and thoroughness of examinations with respect to the medical disabilities of applicants for benefits under laws administered by the Secretary."

Pilot Program for Use of Contract Health Care Professionals for Disability Examinations

Pub. L. 118–210, title III, §304(b), (c), Jan. 2, 2025, 138 Stat. 2792, provided that:

"(b) Remedies.—The Secretary of Veterans Affairs shall take such actions as the Secretary considers appropriate to ensure compliance with section 504(c) of the Veterans' Benefits Improvements Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note), as amended by subsection (a).

"(c) Annual Report.—Not later than one year after the date of the enactment of this Act [Jan. 2, 2025] and not less frequently than once each year thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on—

"(1) the conduct of the pilot program established under section 504 of the Veterans' Benefits Improvements Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note); and

"(2) the actions of the Secretary under subsection (b)."

Pub. L. 116–315, title II, §2002(f), Jan. 5, 2021, 134 Stat. 4969, provided that: "The Secretary shall take such actions as may be necessary to hold accountable the providers of medical examinations pursuant to contracts under section 504 of the Veterans' Benefits Improvements Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note) who are underperforming in the meeting of the needs of veterans through the performance of medical examinations pursuant to such contracts."

Pub. L. 104–275, title V, §504, Oct. 9, 1996, 110 Stat. 3341, as amended by Pub. L. 113–235, div. I, title II, §241, Dec. 16, 2014, 128 Stat. 2568; Pub. L. 114–315, title I, §109(a)(2), Dec. 16, 2016, 130 Stat. 1544; Pub. L. 115–141, div. J, title II, §256, Mar. 23, 2018, 132 Stat. 826; Pub. L. 115–407, title VII, §702(b), Dec. 31, 2018, 132 Stat. 5381; Pub. L. 116–315, title II, §2002(a)(1), (4), Jan. 5, 2021, 134 Stat. 4967, 4968; Pub. L. 118–19, §1, Oct. 6, 2023, 137 Stat. 106; Pub. L. 118–210, title III, §§304(a), (d), 305(a), Jan. 2, 2025, 138 Stat. 2792, provided that:

"(a) Authority.—The Secretary of Veterans Affairs, acting through the Under Secretary for Benefits, may conduct a pilot program under this section under which examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary that are carried out through the Under Secretary for Benefits may be made by persons other than employees of the Department of Veterans Affairs. Any such examination shall be performed pursuant to contracts entered into by the Under Secretary for Benefits with those persons.

"(b) Limitation.—The Secretary may carry out the pilot program under this section as follows:

"(1) In fiscal years before fiscal year 2015, through not more than 10 regional offices of the Department of Veterans Affairs.

"(2) In fiscal year 2015, through not more than 12 regional offices of the Department.

"(3) In fiscal year 2016, through not more than 15 regional offices of the Department.

"(4) In fiscal year 2017 and each fiscal year thereafter, through such regional offices of the Department as the Secretary considers appropriate.

"(c) Licensure of Contract Health Care Professionals.—

"(1) In general.—Notwithstanding any law regarding the licensure of health care professionals, only a health care professional described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (a) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract.

"(2) Health care professional described.—A health care professional described in this paragraph is a physician, physician assistant, nurse practitioner, audiologist, or psychologist, who—

"(A) has a current unrestricted license to practice the health care profession of the physician, physician assistant, nurse practitioner, audiologist, or psychologist, as the case may be;

"(B) is not barred from practicing such health care profession in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and

"(C) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (a).

"(d) Source of Funds.—Expenses of carrying out the pilot program under this section, including payments for pilot program examination travel and incidental expenses under the terms and conditions set forth by 38 U.S.C. 111, shall be reimbursed to the accounts available for the general operating expenses of the Veterans Benefits Administration and information technology systems from amounts available to the Secretary of Veterans Affairs for payment of compensation and pensions.

"(e) Report to Congress.—Not later than three years after the date of the enactment of this Act [Oct. 9, 1996], the Secretary shall submit to the Congress a report on the effect of the use of the authority provided by subsection (a) on the cost, timeliness, and thoroughness of medical disability examinations.

"(f) Certain Information Provided to Health Care Professional.—The Secretary shall provide to a health care professional who performs an examination under subsection (a), or a contractor performing a contract under such subsection, the contact information of any agent or attorney recognized by the Secretary under chapter 59 of title 38, United States Code, with regards to a claim for benefits that gives rise to such examination."

[Pub. L. 118–210, title III, §305(b), Jan. 2, 2025, 138 Stat. 2792, provided that: "The amendment made by this section [amending section 504 of Pub. L. 104–275, set out above] shall apply to an examination described in subsection (a) of such section that is performed on or after the date of the enactment of this Act [Jan. 2, 2025]."]

[Pub. L. 116–315, title II, §2002(a)(2), Jan. 5, 2021, 134 Stat. 4967, provided that: "The purpose of the amendment made by paragraph (1) [amending section 504 of Pub. L. 104–275, set out above] is to expand the license portability for physicians assistants, nurse practitioners, audiologists, and psychologists to supplement the capacity of employees of the Department to provide medical examinations described in subsection (b) [set out as a note above]."]

[Pub. L. 116–315, title II, §2002(a)(3), Jan. 5, 2021, 134 Stat. 4968, provided that: "The amendment made by paragraph (1) [amending section 504 of Pub. L. 104–275, set out above] shall not be construed to affect the license portability for physicians in effect under section 504(c) of such Act [Pub. L. 104–275] as in effect on the day before the date of the enactment of this Act [Jan. 5, 2021]."]

[Pub. L. 116–315, title II, §2002(a)(4), Jan. 5, 2021, 134 Stat. 4968, as amended by Pub. L. 118–19, §1, Oct. 6, 2023, 137 Stat. 106, provided that: "On the date that is five years after the date of the enactment of this Act [Jan. 5, 2021], subsection (c) of such section [section 504(c) of Pub. L. 104–275, set out above] shall read as it read on the day before the date of the enactment of this Act."]

Expedited Treatment of Remanded Claims

Pub. L. 103–446, title III, §302, Nov. 2, 1994, 108 Stat. 4658, as amended by Pub. L. 105–368, title V, §512(c), Nov. 11, 1998, 112 Stat. 3342, provided that Secretary of Veterans Affairs was to take necessary actions to provide for expeditious treatment, by the Board of Veterans' Appeals and by regional offices of the Veterans Benefits Administration, of any claim that had been remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action, prior to repeal by Pub. L. 108–183, title VII, §707(c), Dec. 16, 2003, 117 Stat. 2673.

Veterans' Claims Adjudication Commission

Pub. L. 103–446, title IV, Nov. 2, 1994, 108 Stat. 4659, as amended by Pub. L. 104–275, title V, §503(a), Oct. 9, 1996, 110 Stat. 3341, established Veterans' Claims Adjudication Commission which was directed to conduct comprehensive evaluation and assessment of Department of Veterans Affairs system for disposition of claims for veterans benefits and of system for delivery of such benefits, together with any related issues determined to be relevant to study, for purpose of determining means of increasing efficiency of system, means of reducing number of claims under system for which final disposition is pending, and means of enhancing ability of Department of Veterans Affairs to achieve final determination regarding claims under system in prompt and appropriate manner, and further provided for membership and powers of Commission, personnel matters, definitions and funding, and for submission of preliminary report to Secretary of Veterans Affairs and Congress not later than one year after Nov. 2, 1994, submission of final report not later than Dec. 31, 1996, and for termination of Commission 90 days after submission of final report.

1 So in original. Subpar. (A) of par. (1) does not contain clauses.