I 

113TH CONGRESS 

1ST SESSION H. R. 1739 

To amend title 38, United States Code, to direct the Secretary of Veterans 

Affairs to pay provisional benefits for certain nonadjudicated claims, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 25, 2013 

Mr. ENYART (for himself and Mr. ISRAEL) introduced the following bill; which 

was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to pay provisional benefits 

for certain nonadjudicated claims, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Backlog Re5 duction Act’’. 


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1 SEC. 2. PROVISIONAL PAYMENT OF CERTAIN NONADJU2 DICATED CLAIMS FOR BENEFITS UNDER THE 

3 LAWS ADMINISTERED BY THE SECRETARY OF 

4 VETERANS AFFAIRS. 

5 (a) AUTHORITY TO MAKE PAYMENTS.— 

6 (1) IN GENERAL.—Subchapter III of chapter 

7 51 of title 38, United States Code, is amended by 

8 adding at the end the following new section: 

9 ‘‘§ 5127. Payment of provisional benefits for certain 

10 nonadjudicated claims 

11 ‘‘(a) IN GENERAL.—In the case of any claim for dis12 ability compensation under chapter 11 of this title that 

13 is not adjudicated before the date that is 125 days after 

14 the date of the submittal of the claim, the Secretary shall 

15 pay to the claimant provisional benefits under this section 

16 for the period beginning on the date that is 125 days after 

17 the date of the submittal of the claim and ending on the 

18 date on which a final decision is made with respect to the 

19 claim. 

20 ‘‘(b) AMOUNT OF BENEFITS.—The amount of the 

21 provisional benefits payable to a claimant under this sec22 tion is an amount equal to the lesser of the following: 

23 ‘‘(1) The average amount payable to a person 

24 who receives payments of compensation for the type 

25 of disability for which the claimant submitted the 

26 claim. 


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1 ‘‘(2) The amount payable to a person who re2 ceives payments of compensation for a disability 

3 rated at 40 percent under the schedule for rating 

4 disabilities under section 1155 of this title. 

5 ‘‘(c) ADJUDICATION.—(1) Upon the adjudication of 

6 a claim for which the claimant receives payments of provi7 sional benefits under this section, the Secretary shall re8 duce the amount owed to the claimant for the period be9 tween the effective date of the award of the benefits and 

10 the date of the adjudication of the claim by the amount 

11 of provisional benefits paid to the claimant under this sec12 tion. 

13 ‘‘(2) If, upon the adjudication of such a claim, the 

14 claim is denied or the monthly amount of the disability 

15 compensation benefits awarded to the claimant is less than 

16 the monthly amount of provisional benefits paid to the 

17 claimant under this section, there shall be no recovery of 

18 the overpayments unless the Secretary determines that 

19 there exists in connection with the claim an indication of 

20 fraud, misrepresentation, or bad faith on the part of the 

21 claimant.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of such chapter is amended 

24 by adding at the end of the items relating to such 

25 subchapter the following new item: 

‘‘5127. Payment of provisional benefits for certain nonadjudicated claims.’’. 


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1 (b) EFFECTIVE DATE.—Section 5127 of title 38, 

2 United States Code, as added by subsection (a), shall 

3 apply with respect to a new claim for benefits submitted 

4 after the date of the enactment of this Act. 

Æ 


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