II 

116TH CONGRESS 

2D SESSION S. 3761 

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

Affairs to provide veterans service organizations and recognized agents 

and attorneys opportunities to review Department of Veterans Affairs 

disability rating determinations before they are finalized, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2020 

Mr. TESTER (for himself, Mr. BLUMENTHAL, Mr. MANCHIN, Ms. HIRONO, 

Mrs. SHAHEEN, and Ms. HASSAN) introduced the following bill; which 

was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide veterans service 

organizations and recognized agents and attorneys opportunities to review Department of Veterans Affairs disability rating determinations before they are finalized, 

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 Claim Trans5 parency Act of 2020’’. 


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1 SEC. 2. OPPORTUNITY FOR VETERANS SERVICE ORGANIZA2 TIONS AND RECOGNIZED AGENTS AND AT3 TORNEYS TO REVIEW DEPARTMENT OF VET4 ERANS AFFAIRS DISABILITY RATING DETER5 MINATIONS BEFORE THEY ARE FINALIZED. 

6 (a) IN GENERAL.—Chapter 11 of title 38, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 1164. Opportunity for veterans service organiza10 tions, agents, and attorneys to review dis11 ability rating determinations before final12 ization 

13 ‘‘(a) IN GENERAL.—Before the Secretary finalizes a 

14 determination of a rating of the disability of a person for 

15 purposes of this chapter, the Secretary shall provide an 

16 opportunity to review such determination to each (rep17 resentative of record of the person)/(representative of the 

18 person designated by the person for purposes of this sec19 tion). 

20 ‘‘(b) REPRESENTATIVES.—For purposes of this sec21 tion, a representative of a person is— 

22 ‘‘(1) a representative of the person who is rec23 ognized under section 5902 of this title; or 

24 ‘‘(2) an agent or attorney of the person who is 

25 recognized under section 5904 of this title. 


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1 ‘‘(c) NOTICE.—(1) For each determination that the 

2 Secretary is required under subsection (a) to provide an 

3 opportunity to a representative to review such determina4 tion, the Secretary shall notify such representative when 

5 such determination is ready to be reviewed under such 

6 subsection. 

7 ‘‘(2) Notice regarding a determination shall be sub8 mitted under paragraph (1) not later than 48 hours before 

9 the Secretary finalizes the determination. 

10 ‘‘(d) PERIOD FOR REVIEW.—Each opportunity to re11 view a determination under subsection (a) for a represent12 ative of a person shall be for a period— 

13 ‘‘(1) beginning at the moment that notice is 

14 submitted for such determination under subsection 

15 (c) to such representative; and 

16 ‘‘(2) ending on the earlier of— 

17 ‘‘(A) the moment that the representative 

18 indicates that the person has no dispute with 

19 the determination or the person no longer has 

20 any dispute with the determination; or 

21 ‘‘(B) the moment that is 48 hours after 

22 the moment described in paragraph (1). 

23 ‘‘(e) LIMITATION.—The Secretary may not finalize a 

24 determination that is subject to a period of review under 


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1 this section until after the period for review of such deter2 mination set forth under subsection (d).’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 11 of such title is amended 

5 by inserting after the item relating to section 1163 the 

6 following new item: 

‘‘1164. Opportunity for veterans service organizations, agents, and attorneys to 

review disability rating determinations before finalization.’’. 

Æ 


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