49–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–206 

VETERANS’ COMPENSATION COST-OF-LIVING 

ADJUSTMENT ACT OF 2015 

JULY 16, 2015.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. MILLER of Florida, from the Committee on Veterans’ Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 675] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred the 

bill (H.R. 675) to increase, effective as of December 1, 2015, the 

rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for 

the survivors of certain disabled veterans, and for other purposes, 

having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 6 

Background and Need for Legislation .................................................................... 7 

Hearings ................................................................................................................... 12 

Subcommittee Consideration .................................................................................. 13 

Committee Consideration ........................................................................................ 13 

Committee Votes ...................................................................................................... 14 

Committee Oversight Findings ............................................................................... 14 

Statement of General Performance Goals and Objectives .................................... 14 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 14 

Earmarks and Tax and Tariff Benefits .................................................................. 14 

Committee Cost Estimate ....................................................................................... 14 

Congressional Budget Office Estimate ................................................................... 14 

Federal Mandates Statement ................................................................................. 19 

Advisory Committee Statement .............................................................................. 19 

Constitutional Authority Statement ...................................................................... 19 

Applicability to Legislative Branch ........................................................................ 20 

Statement on Duplication of Federal Programs .................................................... 20 

Disclosure of Directed Rulemaking ........................................................................ 20 

Section-by-Section Analysis of the Legislation ...................................................... 20 


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Changes in Existing Law Made by the Bill as Reported ...................................... 23 

AMENDMENT

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Veterans’ Compensation Costof-Living Adjustment Act of 2015’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—COMPENSATION COST-OF-LIVING ADJUSTMENT 

Sec. 101. Increase in rates of disability compensation and dependency and indemnity compensation. 

Sec. 102. Publication of adjusted rates. 

TITLE II—UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS 

Sec. 201. Extending temporary expansion of United States Court of Appeals for Veterans Claims. 

Sec. 202. Recall of retired judges of United States Court of Appeals for Veterans Claims. 

Sec. 203. Life insurance program relating to judges of United States Court of Appeals for Veterans Claims. 

Sec. 204. Voluntary contributions to enlarge survivors’ annuity. 

Sec. 205. Salaries of judges of United States Court of Appeals for Veterans Claims. 

Sec. 206. Selection of chief judge of United States Court of Appeals for Veterans Claims. 

TITLE III—IMPROVEMENT OF CLAIMS PROCESSING 

Sec. 301. Interim payments of compensation benefits under laws administered by the Secretary of Veterans Affairs. 

Sec. 302. Claims processors training. 

Sec. 303. Notice of average times for processing claims and percentage of claims approved. 

TITLE IV—OTHER MATTERS 

Sec. 401. Clarification of eligible recipients of certain accrued benefits upon death of beneficiary. 

Sec. 402. Observance of Veterans Day. 

TITLE I—COMPENSATION COST-OF-LIVING 

ADJUSTMENT 

SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. 

(a) RATE ADJUSTMENT.—Effective on December 1, 2015, the Secretary of Veterans 

Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect 

on November 30, 2015, for the payment of disability compensation and dependency 

and indemnity compensation under the provisions specified in subsection (b). 

(b) AMOUNTS TO BE INCREASED.—The dollar amounts to be increased pursuant to 

subsection (a) are the following: 

(1) WARTIME DISABILITY COMPENSATION.—Each of the dollar amounts under 

section 1114 of title 38, United States Code. 

(2) ADDITIONAL COMPENSATION FOR DEPENDENTS.—Each of the dollar amounts 

under section 1115(1) of such title. 

(3) CLOTHING ALLOWANCE.—The dollar amount under section 1162 of such 

title. 

(4) DEPENDENCY AND INDEMNITY COMPENSATION TO SURVIVING SPOUSE.—Each 

of the dollar amounts under subsections (a) through (d) of section 1311 of such 

title. 

(5) DEPENDENCY AND INDEMNITY COMPENSATION TO CHILDREN.—Each of the 

dollar amounts under sections 1313(a) and 1314 of such title. 

(c) DETERMINATION OF INCREASE.— 

(1) PERCENTAGE.—Except as provided in paragraph (2), each dollar amount 

described in subsection (b) shall be increased by the same percentage as the 

percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2015, as a 

result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). 

(2) ROUNDING.—Each dollar amount increased under paragraph (1), if not a 

whole dollar amount, shall be rounded to the next lower whole dollar amount. 

(d) SPECIAL RULE.—The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 

Stat. 1263) who have not received compensation under chapter 11 of title 38, United 

States Code. 


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SEC. 102. PUBLICATION OF ADJUSTED RATES. 

The Secretary of Veterans Affairs shall publish in the Federal Register the 

amounts specified in section 101(b), as increased under that section, not later than 

the date on which the matters specified in section 215(i)(2)(D) of the Social Security 

Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2016. 

TITLE II—UNITED STATES COURT OF APPEALS 

FOR VETERANS CLAIMS 

SEC. 201. EXTENDING TEMPORARY EXPANSION OF UNITED STATES COURT OF APPEALS FOR 

VETERANS CLAIMS. 

Section 7253(i)(2) of title 38, United States Code, is amended by striking ‘‘January 

1, 2013’’ and inserting ‘‘January 1, 2020’’. 

SEC. 202. RECALL OF RETIRED JUDGES OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. 

Paragraph (1) of section 7257(b) of title 38, United States Code, is amended to 

read as follows: 

‘‘(1)(A) The chief judge may recall for further service on the Court a recall-eligible 

retired judge in accordance with this section. Such a recall shall be made upon written certification by the chief judge that substantial service is expected to be performed by the retired judge for such period, not to exceed 90 days (or the equivalent), as determined by the chief judge to be necessary to meet the needs of the 

Court. 

‘‘(B)(i) A recall-eligible judge may request that the chief judge recall the recalleligible judge for a period of service of not less than 90 days (or the equivalent). 

‘‘(ii) The chief judge shall approve a request made by a recall-eligible judge pursuant to clause (i) unless the chief judge certifies, in writing, that the Court does not 

have— 

‘‘(I) sufficient work to assign such recall-eligible judge during the period of recalled service; or 

‘‘(II) sufficient resources to provide to such recall-eligible judge appropriate 

administrative and office support. 

‘‘(iii) At any time during the period of recalled service of a judge who is recalled 

pursuant to clause (i), the chief judge may terminate such recalled service if the 

chief judge makes a written certification described in clause (ii).’’. 

SEC. 203. LIFE INSURANCE PROGRAM RELATING TO JUDGES OF UNITED STATES COURT OF 

APPEALS FOR VETERANS CLAIMS. 

(a) IN GENERAL.—Section 7281 of title 38, United States Code, is amended by adding at the end the following: 

‘‘(j) For purposes of chapter 87 of title 5, a judge who is in regular active service 

and a judge who is retired under section 7296 of this title or under chapter 83 or 

84 of title 5 shall be treated as an employee described in section 8701(a)(5) of title 

5.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with 

respect to any payment made on or after the first day of the first applicable pay 

period beginning on or after the date of the enactment of this Act. 

SEC. 204. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS’ ANNUITY. 

Section 7297 of title 38, United States Code, is amended by adding at the end the 

following new subsection: 

‘‘(p)(1) A covered judge who makes an election under subsection (b) may purchase, 

in three-month increments, up to an additional year of service credit for each year 

of Federal judicial service completed, under the terms set forth in this section. 

‘‘(2) In this subsection, the term ‘covered judge’ means any of the following: 

‘‘(A) A judge in regular active service. 

‘‘(B) A retired judge who is a recall-eligible retired judge pursuant to subsection (a) of section 7257 of this title. 

‘‘(C) A retired judge who would be a recall-eligible retired judge pursuant to 

subsection (a) of section 7257 but for— 

‘‘(i) meeting the aggregate recall service requirements under subsection 

(b)(3) of such section; or 

‘‘(ii) being permanently disabled as described by subsection (b)(4) of such 

section.’’. 


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SEC. 205. SALARIES OF JUDGES OF UNITED STATES COURT OF APPEALS FOR VETERANS 

CLAIMS. 

Section 7253(e) of title 38, United States Code, is amended by striking ‘‘district 

courts’’ and inserting ‘‘courts of appeals’’. 

SEC. 206. SELECTION OF CHIEF JUDGE OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS. 

Section 7253(d) of title 38, United States Code, is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘and’’; 

(B) by redesignating subparagraph (B) as subparagraph (C); and 

(C) by inserting after subparagraph (A) the following new subparagraph 

(B): 

‘‘(B) are 64 years of age or under and have at least three years remaining 

in term of office; and’’; and 

(2) by amending paragraph (2) to read as follows: 

‘‘(2)(A) In any case in which there is no judge of the Court in regular active service who meets the requirements under paragraph (1), the judge of the Court in regular active service who is senior in commission and meets subparagraph (A) or (B) 

and subparagraph (C) of paragraph (1) shall act as the chief judge. 

‘‘(B) In any case under subparagraph (A) of this paragraph in which there is no 

judge of the Court in regular active service who meets subparagraph (A) or (B) and 

subparagraph (C) of paragraph (1), the judge of the Court in regular active service 

who is senior in commission and meets subparagraph (C) shall act as the chief 

judge.’’. 

TITLE III—IMPROVEMENT OF CLAIMS 

PROCESSING 

SEC. 301. INTERIM PAYMENTS OF COMPENSATION BENEFITS UNDER LAWS ADMINISTERED BY 

THE SECRETARY OF VETERANS AFFAIRS. 

(a) IN GENERAL.—Subchapter III of chapter 51 of title 38, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 5127. Interim payments of compensation benefits 

‘‘(a) IN GENERAL.—In the case of a claim described in subsection (b), prior to adjudicating the claim, the Secretary shall make interim payments of monetary benefits 

to the claimant based on any disability for which the Secretary has made a decision 

or, with respect to such a disability that is not compensable, notify the claimant of 

the rating relating to such disability. Upon the adjudication of the claim, the Secretary shall pay to the claimant any monetary benefits awarded to the claimant for 

the period of payment under section 5111 of this title less the amount of such benefits paid to the claimant under this section. 

‘‘(b) CLAIM DESCRIBED.—A claim described in this subsection is a claim for disability compensation under chapter 11 of this title (including a claim regarding an 

increased rating)— 

‘‘(1) the adjudication of which requires the Secretary to make decisions with 

respect to two or more disabilities; and 

‘‘(2) for which, before completing the adjudication of the claim, the Secretary 

makes a decision with respect to a disability that would result in the payment 

of monetary benefits to the claimant upon the adjudication of the claim.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter 

is amended by adding at the end of the items relating to such subchapter the following new item: 

‘‘5127. Interim payments of compensation benefits.’’. 

SEC. 302. CLAIMS PROCESSORS TRAINING. 

(a) ESTABLISHMENT.—The Secretary of Veterans Affairs shall establish a training 

program to provide newly hired claims processors of the Department of Veterans Affairs with training for a period of not less than two years. In carrying out such program, the Secretary shall identify successful claims processors of the Department 

who can assist in the training of newly hired claims processors. 

(b) ABILITY TO PROCESS CLAIMS.—The Secretary shall carry out the training program established under subsection (a) without increasing the amount of time in 

which claims are processed by the Department. 

(c) EFFECTIVE DATE.—This section shall take effect on the date that is one year 

after the date of the enactment of this Act. 


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SEC. 303. NOTICE OF AVERAGE TIMES FOR PROCESSING CLAIMS AND PERCENTAGE OF 

CLAIMS APPROVED. 

(a) PUBLIC NOTICE.—The Secretary of Veterans Affairs shall post the information 

described in subsection (c)— 

(1) in a conspicuous place in each regional office and claims intake facilities 

of the Department of Veterans Affairs; and 

(2) on the Internet Web site of the Department. 

(b) NOTICE TO APPLICANTS.— 

(1) IN GENERAL.—The Secretary shall provide to each person who submits a 

claim for benefits under the laws administered by the Secretary before the person submits such claim— 

(A) notice of the information described in subsection (c); and 

(B) notice that the person is eligible to receive up to an extra year of benefits payments if the person files a claim that is fully developed. 

(2) ACKNOWLEDGMENT OF RECEIPT OF NOTICE.—Each person who submits a 

claim for benefits under the laws administered by the Secretary shall include 

in such application a signed form acknowledging that the person received the 

information described in subsection (c). 

(c) INFORMATION DESCRIBED.— 

(1) IN GENERAL.—The information described in this subsection is the following: 

(A) The average processing time of the claims described in paragraph (2) 

and the percentage of such submitted claims for which benefits are awarded. 

(B) The percentage of each of the following types of submitted claims for 

benefits under the laws administered by the Secretary of Veterans Affairs 

for which benefits are awarded: 

(i) Claims filed by veterans who authorized a veterans service organization to act on the veterans’ behalf under a durable power of attorney. 

(ii) Claims filed by veterans who authorized a person other than a 

veterans service organization to act on the veterans’ behalf under a durable power of attorney. 

(iii) Claims filed by veterans who did not authorize a person to act 

on the veterans’ behalf under a durable power of attorney. 

(2) CLAIMS DESCRIBED.—The claims described in this paragraph are each of 

the following types of claims for benefits under the laws administered by the 

Secretary of Veterans Affairs: 

(A) A fully developed claim that is submitted in standard electronic form. 

(B) A fully developed claim that is submitted in standard paper form. 

(C) A claim that is not fully developed that is submitted in standard electronic form. 

(D) A claim that is not fully developed that is submitted in standard 

paper form. 

(E) A claim that is not fully developed that is submitted in non-standard 

paper form. 

(3) UPDATE OF INFORMATION.—The information described in this subsection 

shall be updated not less frequently than once each fiscal quarter. 

TITLE IV—OTHER MATTERS 

SEC. 401. CLARIFICATION OF ELIGIBLE RECIPIENTS OF CERTAIN ACCRUED BENEFITS UPON 

DEATH OF BENEFICIARY. 

(a) ELIGIBILITY OF ESTATE.—Section 5121(a)(2) of title 38, United States Code, is 

amended— 

(1) in the matter preceding subparagraph (A), by inserting ‘‘, or estate,’’ after 

‘‘person’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(D) The estate of the veteran (unless the estate will escheat).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with 

respect to the death of an individual on or after the date that is two years after 

the date of the enactment of this Act. 

SEC. 402. OBSERVANCE OF VETERANS DAY. 

(a) TWO MINUTES OF SILENCE.—Chapter 1 of title 36, United States Code, is 

amended by adding at the end the following new section: 


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‘‘§ 145. Veterans Day 

‘‘The President shall issue each year a proclamation calling on the people of the 

United States to observe two minutes of silence on Veterans Day in honor of the 

service and sacrifice of veterans throughout the history of the Nation, beginning 

at— 

‘‘(1) 3:11 p.m. Atlantic standard time; 

‘‘(2) 2:11 p.m. eastern standard time; 

‘‘(3) 1:11 p.m. central standard time; 

‘‘(4) 12:11 p.m. mountain standard time; 

‘‘(5) 11:11 a.m. Pacific standard time; 

‘‘(6) 10:11 a.m. Alaska standard time; and 

‘‘(7) 9:11 a.m. Hawaii-Aleutian standard time.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 1 of title 36, United 

States Code, is amended by adding at the end the following new item: 

‘‘145. Veterans Day.’’. 

Amend the title so as to read: 

A bill to increase, effective as of December 1, 2015, the rates of 

compensation for veterans with service-connected disabilities and 

the rates of dependency and indemnity compensation for the survivors of certain disabled veterans, to amend title 38, United States 

Code, to improve the United States Court of Appeals for Veterans 

Claims, to improve the processing of claims by the Secretary of Veterans Affairs, and for other purposes. 

PURPOSE AND SUMMARY

H.R. 675, as amended, the ‘‘Veterans’ Compensation Cost-of-Living Adjustment Act of 2015,’’ was introduced by Representative 

Ralph Abraham of Louisiana, Chairman of the Subcommittee of 

Disability Assistance and Memorial Affairs (DAMA), on February 

3, 2015. H.R. 675, as amended, incorporates the text of: H.R. 995, 

introduced by Representative Stephen Lynch of Massachusetts on 

February 13, 2015; H.R. 1067, as amended, introduced by Representative Ryan Costello of Pennsylvania on February 25, 2015; 

H.R 1414, as amended, introduced by Representative Dina Titus of 

Nevada on March 17, 2015, and H.R. 1569, introduced by Representative Lee Zeldin of New York on March 25, 2015. 

Together, these provisions would, (1) as of December 1, 2015, increase the rates of Wartime Disability Compensation, Compensation for Dependents, Clothing Allowance, Dependency and Indemnity Compensation to Surviving Spouse, and Dependency and Indemnity Compensation to Children by the same percentage as the 

increase in benefits provided under title II (Old Age, Survivors, and 

Disability Insurance) of the Social Security Act; (2) extend until 

2020 the temporary expansion of the Court of Appeals for Veterans 

Claims (CAVC); permit retired CAVC judges to be recalled for more 

than 90 days under certain circumstances; (3) allow regular service 

and retired CAVC judges to participate in the government life insurance program; (4) authorize certain CAVC judges to purchase 

additional service credit for retirement purposes; set the salary of 

CAVC judges at the same rate as that of federal appellate judges; 

(5) revise the eligibility criteria of the CAVC chief judge; (6) direct 

the Secretary of the Department of Veterans Affairs (VA) to make 

interim payments based on any disability for which the Secretary 

has already made a decision prior to adjudicating a claim requiring 

decisions with respect to two or more disabilities; (7) establish a 

statutory two-year training program for claims processors; (8) direct the Secretary to provide notice of average times for processing 


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claims and percentage of claims approved; (9) require VA to pay accrued benefits for certain deceased veterans to the veteran’s estate; 

and (10) codify a two minute moment of silence on Veterans’ Day. 

BACKGROUND AND NEED FOR LEGISLATION

TITLE I—COMPENSATION COST OF LIVING ADJUSTMENT

Section 101—Increase in rates of disability compensation and dependency and indemnity compensation 

The purpose of the disability compensation program is to provide 

relief from the impaired earning capacity of veterans disabled as 

the result of their military service. The amount of compensation 

payable varies according to the degree of disability. This amount in 

turn is required by law to represent, to the extent practicable, the 

average impairment in earning capacity in civilian occupations resulting from such disability or combination of disabilities. 

To be eligible to receive disability compensation, a veteran must 

have a disability incurred or aggravated during military service, 

which is not the result of willful misconduct, and must have been 

discharged under other than dishonorable conditions. The responsibility for determining a veteran’s entitlement to service-connection 

for a disability rests with VA. 

Surviving spouses and dependent children of veterans who died 

of disabilities determined by VA to be service-connected (including 

veterans who died while on active duty) or who had a service-connected disability rated at 100 percent for certain periods of time 

prior to death are entitled to receive monthly Dependency Indemnity Compensation (DIC) benefits. Additional amounts are paid to 

survivors who are housebound, in need of aid and attendance, or 

who have minor children. The purpose of DIC benefits authorized 

under chapter 13 of title 38, U.S.C., is to provide partial compensation to the appropriate survivors for the loss in financial support 

due to the service-connected death. Income and need are not factors 

in determining a surviving spouse’s or child’s entitlement because 

the nation, in part, assumes the legal and moral obligation of the 

veteran to support the spouse and children. 

Each year, the Committee approves and reports legislation authorizing the cost-of-living adjustment (COLA) by reference to the 

yet-to-be-determined Social Security increase. Section 101 of H.R. 

675, as amended, would increase the rates of Wartime Disability 

Compensation, Additional Compensation for Dependents, Clothing 

Allowance, Dependency and Indemnity Compensation to Surviving 

Spouse, and Dependency and Indemnity Compensation to Children. 

Such increase in benefits would increase to be the same percentage 

as the increase in benefits provided under title II (Old Age, Survivors, and Disability Insurance) of the Social Security Act. 

Section 102—Publication of adjusted rates 

Section 102 of H.R. 675, as amended, would require the Secretary to publish in the Federal Register the amounts specified in 

section 101, as increased under that section, not later than the date 

on which the matters specified in section 415(i)(2)(D) of the Social 

Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published 

by reason of determination made under section 415(i) of such Act 

during fiscal year 2016. 


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1Kasold, Bruce E., Chief Judge, U.S. Court of Appeals for Veterans Claims, Statement to the 

House of Representatives, Committee on Appropriations, Subcommittee on Military Construction, Veterans Affairs, and Related Agencies Hearing, March 18, 2015. 

TITLE II—UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Section 201—Extending temporary expansion of United States 

Court of Appeals for Veterans Claims 

In 1988, Congress created the CAVC to afford veterans the opportunity for an independent judicial review of decisions issued by 

the Board of Veterans Appeals (Board). The CAVC is an independent appellate court that only reviews veterans’ benefits cases, 

applying general principles for appellate review of federal agency 

final decisions. 

Generally, judges are appointed for 15-year terms, and upon retirement, each judge has the option to agree to be available for further service as a recall-eligible senior judge. During any period of 

recall service, a senior judge has all of the judicial authority and 

powers of a judge in active service. The court consists of seven permanent, active judges. Congress authorized two additional judges 

as part of a temporary expansion provision in 2001. The temporary 

expansion was reauthorized in 2005 and 2009, but expired on January 1, 2013. As a result of the temporary expansion, CAVC currently has nine active judges, but one judge has announced his intention to retire early next year. Under current law, this position 

will not be filled. There will be no additional judicial appointments 

to the CAVC until there are fewer than seven permanent judges. 

The CAVC anticipates that appeals will increase proportionally 

with the increased decisions the Board has projected it will complete in the coming years. In FY 2013, the Board rendered approximately 42,000 decisions, but in FY 2014, the Board decided more 

than 55,500. The Board projects that it will decide more than 

57,000 appeals in FY 2015, with similar and higher projections for 

following years. The number of appeals being filed at the CAVC already is estimated to be at least 4,500 this calendar year, with projections of continued growth thereafter.1 During the April 14, 2015, 

DAMA hearing, Chief Judge Bruce E. Kasold’s written testimony 

stated that the re-authorization for nine judges will help the Court 

continue to manage its significant caseload. 

Section 201 of H.R. 675, as amended, would extend the temporary expansion of the Court of Appeals for Veterans Claims 

(CAVC) until January 1, 2020. This provision will continue the authorization for nine judges through 2020, at which time the need 

can again be reviewed. 

Section 202—Recall of retired judges of United States Court of Appeals for Veterans Claims 

Current law authorizes the chief judge to request that a recalleligible retired judge temporarily return to service upon written 

certification by the chief judge that substantial service is expected 

to be performed by such retired judge for a period not to exceed 90 

days (or the equivalent), as determined by the chief judge to be 

necessary to meet the needs of the court. Pursuant to section 

7257(b)(3) of title 38, U.S.C., retired judges who are recall-eligible 

and who serve in the aggregate of at least five years of recalled 

service are no longer subject to mandatory recall. 


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Section 202 of H.R. 675, as amended, would authorize the chief 

judge to recall a retired judge who has volunteered to be available 

for temporary service on the CAVC. The chief judge must provide 

a written certification that substantial service is expected to be performed by the retired judge for the period not to exceed 90 days 

(or the equivalent). Section 202 would amend current law by permitting a recall-eligible judge to request that the chief judge recall 

such judge for a period of service of not less than 90 days (or the 

equivalent). The chief judge would be required to approve such a 

request, unless the chief judge certifies, in writing, that the CAVC 

does not have sufficient work to assign such judge during the period of recalled service or sufficient resources to provide to such recall-eligible judge appropriate administrative and office support. 

The provision would also authorize the chief judge to terminate 

such recalled service. However, in order to terminate such recalledservice, the chief judge would be required to provide a written certification that the CAVC no longer has sufficient work or resources 

to provide appropriate administrative and office support. 

Section 203—Life insurance program related to judges of United 

States Court of Appeals for Veterans Claims 

Section 203 of H.R. 675, as amended, would establish that a 

judge who is in regular active service and a judge who is retired 

shall be treated as an employee for purposes of eligibility in the 

federal government life insurance program. Under this section, 

CAVC judges would be eligible for the Federal Employee Group 

Life Insurance (FEGLI) program. Additionally, this section clarifies 

that CAVC judges may purchase life insurance at the employee 

rate, and authorizes retired judges to do so, consistent with other 

federal judges, active and retired. 

Section 204—Voluntary contributions to enlarge survivors’ annuity 

Section 204 of H.R. 675, as amended, would authorize a covered 

judge to purchase, in three-month increments, up to an additional 

year of service credit for each year of Federal judicial service completed. A covered judge is defined as: (1) a judge in regular active 

service; (2) a retired judge who is recall-eligible; or (3) a retired 

judge who would be recall-eligible but for meeting the aggregate recall service requirements under subsection section 7257(b)(3) of 

title 38, U.S.C., or is permanently disabled as described by section 

7257(b)(4) of title 38, U.S.C. This section would allow CAVC judges 

to purchase additional service credit for annuity purposes, the 

same as for other federal judges. 

Section 205—Salaries of judges of United States Court of Appeals 

for Veterans Claims 

Section 205 of H.R. 675, as amended, would set the salary of 

CAVC judges at the rate applicable to federal appellate court 

judges. Currently, their salary is set at the rate applicable to federal district court judges. 


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Section 206—Selection of chief judge of United States Court of Appeals for Veterans Claims 

Current law provides that the chief judge should be in regular 

active service and senior in commission among the judges of the 

court who have served at least one year in that capacity. 

Section 206 of H.R. 675, as amended, would revise the qualifications for the chief judge of the CAVC. This section would require 

that the chief judge: (1) be 64 years of age and under; (2) have at 

least three years remaining in term of office; and (3) have not previously served as chief judge. In any case in which there is no 

judge of the CAVC who meets all of these requirements, the judge 

of the CAVC in regular active service who is senior in commission 

and has not served previously as chief judge; and, has either served 

for at least one year as a judge of the court, or is 64 years of age 

and under and has at least three years remaining in term of office, 

shall act as the chief judge. 

TITLE III—IMPROVEMENT OF CLAIMS PROCESSING

Section 301—Interim payments of compensation benefits under laws 

administered by the Secretary of Veterans Affairs 

Veterans seeking disability benefits often seek them for more 

than one medical condition. Although VA currently has the authority to issue a determination on numerous medical conditions within 

a claim, VA continues to use this authority sparsely. During the 

April 14, 2015, DAMA hearing, The American Legion testified that 

VA is not consistently issuing interim decisions when evaluating 

multiple claims for disability. Failing to utilize this authority increases the economic burden on veterans who are waiting for the 

disability claims to be processed in a timely and adequate manner. 

Section 301 of H.R. 675, as amended, would add a new section 

to Subchapter III of chapter 51 of title 38, U.S.C., that would direct 

the Secretary, prior to adjudicating a claim that requires multiple 

individual determinations with respect to two or more medical conditions, to make interim payments of monetary benefits for any 

medical condition for which VA adjudicated to the benefit of the 

veteran, even if VA has not yet made a decision with respect to all 

medical conditions claimed. When VA completes adjudication of all 

of the veteran’s medical conditions, the Secretary will pay the full 

amount of accrued benefits, less the amount of the interim payments the veteran has already received. Requiring VA to grant 

benefits as it adjudicates each individual claim will mean that veterans will receive at least some of their benefits more expeditiously. If a veteran has pending claims for disability compensation 

for two or more medical conditions, and VA makes a decision to 

award benefits for one of the medical conditions, this section would 

require VA to pay the awarded benefits as soon as the decision on 

that claimed condition is issued, without waiting to adjudicate 

pending claims for other medical conditions. 

Section 302—Claims processors training 

VA has indicated that, on average, it takes two to three years for 

an employee to master the skills necessary to accurately process 

claims within Regional Benefits Offices. While VA has implemented new training programs, Veteran Service Organizations 


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(VSO) have long reported that VA’s training is not sufficient. Section 302 of H.R. 675, as amended, would direct the Secretary to establish a training program to provide newly hired VA claims processors with training for a period of not less than two years. In carrying out such a program, the Secretary would be required to identify successful claims processors within VA who can assist in the 

training of newly hired claims processors. Accordingly, this section 

will require VA to ensure adequate focus and resources remain targeted to ongoing and improved education and training for employees. 

Section 303—Notice of average times for processing claims and percentage of claims approved 

Section 303 of H.R. 675, as amended, would require VA to inform 

each person who submits a claim for benefits that such person is 

eligible to receive up to an extra year of benefits payments if the 

person files a Fully Developed Claim (FDC). In addition, this section would require VA to post in a conspicuous place at each VA 

Regional Office and claims-intake facility, and on its internet 

website, certain information relating to the average processing time 

of claims and the percentage of such submitted claims for which 

benefits are awarded. 

This section is intended to provide information that would educate VA stakeholders and veterans of the available options and consequent timeliness that would be associated with various claims 

submission forms. The information would include FDCs submitted 

in electronic form, FDCs submitted in paper form, undeveloped 

claims submitted in paper form, undeveloped claims submitted in 

standard paper form, claims submitted in a non-standard form, and 

claims submitted with the assistance of a VSO. By providing ready 

access to this information, the Committee believes that veterans 

will be more informed of the possible benefits for faster adjudication of certain forms of claims submission, which will consequently 

shift behavior by encouraging submissions by the most manageable 

formats and with an appropriate level of VSO assistance. Additionally, this section would require that veterans be notified of the statutory benefit that is provided to FDCs submissions; pursuant to 

statute, FDCs are eligible for up to one year of retroactive benefits 

for any claims filed between August 6, 2013, and August 6, 2015. 

This provision is also intended to encourage veterans to file FDCs, 

and is intended to result in time savings within the claims process. 

TITLE IV—OTHER MATTERS

Section 401—Clarification of eligible recipients of certain accrued 

benefits upon death of beneficiary 

Processing a claim for veterans’ benefits may take years and a 

veteran may die before VA completes adjudication of the claim. If 

a veteran dies while VA is still reviewing a claim, VA will pay any 

accrued benefits to which the veteran was entitled as of the date 

of death to certain family members, including the spouse, dependent children, and dependent parents. If the veteran dies without 

any surviving qualifying family members, VA currently retains the 

benefits. 


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Section 401 of H.R. 675, as amended, would provide for the payment to the estate of a veteran all or any part of such benefits to 

the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary. Section 401 would 

require VA to pay any accrued benefits to which the veteran was 

entitled as of the date of death and would add the estate of the veteran to the list of qualified family members, unless the estate 

would escheat. This would enable surviving adult children and 

other beneficiaries of the veteran’s estate to receive the benefits to 

which the veteran was legally entitled. 

Section 402—Observance of Veterans Day 

On November 11, 1918, at 11:00 A.M., fighting came to an end 

in World War I. Veterans Day, originally known as Armistice Day, 

was first observed in 1919 to commemorate the cease-fire on the 

11th hour of the 11th day of the 11th month. It has been customarily observed with a two minute moment of silence at 11:00 A.M. 

Today, observance of a moment of silence varies from community 

to community and business to business around the United States. 

Section 402 of H.R. 675, as amended, would encourage the nationwide observance of two minutes of silence on Veterans Day. 

Specifically, this section would direct the President to issue an annual proclamation calling on the people of the United States to observe two minutes of silence on Veterans Day, beginning at 2:11 

P.M. Eastern Time, in honor of the service and sacrifice of veterans 

throughout the history of the nation. This section would call for 

Americans across the nation to official hold a uniform moment of 

silence for our nation’s servicemen and women on Veterans Day. 

The Committee believes this section would refocus the American 

public upon the Day’s true and original meaning. 

HEARINGS

There were no full Committee hearings held on H.R. 675, as 

amended. On April 14, 2015, the Subcommittee on Disability Assistance and Memorial Affairs conducted a legislative hearing on 

various bills introduced during the 114th Congress, including H.R. 

675, H.R. 1067, H.R. 1414, and H.R. 1569. 

The following witnesses testified: The Honorable Chellie Pingree, 

U.S. House of Representatives; Mr. David R. McLenachen, Acting 

Deputy Under Secretary for Disability Assistance, Veterans Benefits Administration, U.S. Department of Veterans Affairs; Mr. 

Zachary Hearn, Deputy Director for Claims, Veterans Affairs and 

Rehabilitation Division, The American Legion; Mr. Blake C. 

Ortner, Deputy Government Relations Director, Paralyzed Veterans of America; Mr. Paul R. Varela, Assistant National Legislative Director, Disabled American Veterans; Mr. Ronald B. Abrams, 

Joint Executive Director, National Veterans Legal Services Program; and Mr. Kenneth M. Carpenter, Founding Member, National 

Organization of Veterans’ Advocates. 

Statements for the record were submitted by the following: The 

Veterans of Foreign Wars and the U.S. Court of Appeals for Veterans Claims. 


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SUBCOMMITTEE CONSIDERATION

On April 14, 2015, the Subcommittee on Disability Assistance 

and Memorial Affairs met in open markup session, a quorum being 

present, and favorably forwarded to the full Committee H.R. 675, 

H.R. 1067, as amended, H.R. 1414, as amended, and H.R. 1569. 

During consideration of H.R. 1067, the following amendment was 

considered and agreed to by voice vote: An amendment offered by 

Mr. Costello of Pennsylvania that modified the original text to clarify that a recall-eligible judge may request that the chief judge recall the recall-eligible judge for a period of service not less than 90 

days (or the equivalent). 

During consideration of H.R. 1414, the following amendment in 

the nature of substitute was considered and agreed to by voice 

vote. 

An amendment in the nature of a substitute offered by Ms. Titus 

of Nevada that included the provisions of H.R. 1414 and inserted 

text that would: (1) require VA to establish a training program for 

newly hired claim processors; (2) require VA to publicly report on 

average time to process claims and the percentage of claims approved; and (3) incorporate text from H.R. 995, as introduced by 

Mr. Lynch of Massachusetts, which would encourage Americans to 

observe two minutes of silence on Veterans Day. 

COMMITTEE CONSIDERATION

On May 21, 2015, the Full Committee met in an open markup 

session, a quorum being present, and ordered H.R. 675, as amended, reported favorably to the House of Representatives by voice 

vote. During consideration of the bill, the following amendments 

were considered and agreed to by voice vote: 

An amendment in the nature of a substitute offered by Mr. Abraham of Louisiana that incorporated the text of H.R. 1067, originally 

offered by Mr. Costello of Pennsylvania, to (1) extend the temporary expansion of the CAVC from seven to nine judges through 

January 1, 2020; (2) permit retired judges to be recalled for more 

than 90 days under certain circumstances; and, (3) establish that 

CAVC judges are eligible for the same salaries, life insurance programs, and retirement service credit benefits offered to other federal appellate court judges. The amendment in the nature of a substitute also incorporated the text of H.R. 1414, as amended, originally offered by Ms. Titus of Nevada, which would require that, in 

cases when a veteran files a claim for two or more disabilities, VA 

make interim payments for any disability for which VA has already 

made a decision. The amendment in the nature of a substitute 

would also establish a training program for claims processors, and 

require VA to publicly post information regarding the average time 

for processing claims and the percentage of the claims approved. 

The amendment in the nature of a substitute also incorporated the 

text of H.R. 1569, originally offered by Mr. Zeldin of New York, and 

would require VA to pay accrued benefits to the estate of a veteran 

if such veteran dies before VA completes adjudication of his or her 

claim. 

An amendment to the Amendment in the Nature of a Substitute 

offered by Mr. Costello of Pennsylvania, which would amend certain qualifications for the chief judge of the CAVC. 


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COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report the legislation and amendments thereto. There were 

no recorded votes taken on amendments or in connection with ordering H.R. 675, as amended, reported to the House. A motion by 

Ranking Member Corrine Brown of Florida to report H.R. 675, as 

amended, favorably to the House of Representatives was agreed to 

by voice vote. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 675, as amended, does not contain any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI of the Rules of the House of Representatives. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 675, 

as amended, prepared by the Director of the Congressional Budget 

Office pursuant to section 402 of the Congressional Budget Act of 

1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate for H.R. 675, 

as amended, provided by the Congressional Budget Office pursuant 

to section 402 of the Congressional Budget Act of 1974: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 2, 2015. 

Hon. JEFF MILLER, 

Chairman, Committee on Veterans’ Affairs, 

House Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 675, the Veterans’ Compensation Cost-of-Living Adjustment Act of 2015. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Dwayne M. Wright. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 675—Veterans’ Compensation Cost-of-Living Adjustment Act of 

2015 

Summary: H.R. 675 would make changes to several benefit programs administered by the Department of Veterans Affairs (VA), 

and to the administrative processes of the Court of Appeals for Veterans Claims (CAVC). CBO estimates that enacting H.R. 675 would 

decrease net direct spending by $4 million over the 2016–2025 period. Pay-as-you-go procedures apply because enacting the legislation would affect direct spending. Enacting the bill would have no 

effect on revenues. 

In addition, CBO estimates that implementing the bill would cost 

$5 million over the 2016–2020 period, subject to the availability of 

appropriated funds. 

H.R. 675 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 675 is shown in Table 1. The costs of this legislation fall within budget function 700 (veterans benefits and services). 

TABLE 1. ESTIMATED BUDGETARY EFFECTS OF H.R. 675, THE VETERANS’ COMPENSATION COSTOF-LIVING ADJUSTMENT ACT OF 2015 

Fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2016– 

2020 

CHANGES IN DIRECT SPENDING a

Estimated Budget Authority ......................................................... ¥16 ¥30 7 4 5 ¥30 

Estimated Outlays ........................................................................ ¥16 ¥30 7 4 5 ¥30 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... * * * 2 2 5 

EStimated Outlays ........................................................................ * * * 2 2 5 

Notes: Components may not sum to totals because of rounding. 

* = between zero and $500,000. 

a In addition to the changes in direct spending shown above, enacting H.R. 675 would have effects beyond 2020 (see Table 2). CBO estimates that enacting H.R. 675 would decrease net direct spending by $4 million over the 2016–2025 period. 

Basis of estimate: For this estimate, CBO assumes that H.R. 675 

will be enacted near the beginning of fiscal year 2016, that appropriations will reflect the estimated changes each year, and that 


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outlays will follow historical spending patterns for the affected programs. 

Direct Spending 

H.R. 675 contains several provisions that would affect direct 

spending (see Table 2). Enacting H.R. 675 would result in a net decrease in direct spending of $30 million over the 2016–2020 period, 

and $4 million over the 2016–2025 period. 

Cost-of-Living Adjustment Round-Down. Section 101 would increase the amounts paid to veterans for disability compensation 

and to their survivors for dependency and indemnity compensation 

(DIC) by the same cost-of-living adjustment (COLA) that recipients 

of Social Security receive. Those increased payments would be 

rounded down to the next lower whole dollar, effective on December 

1, 2015. 

TABLE 2. ESTIMATED CHANGES IN DIRECT SPENDING UNDER H.R. 675 

Fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2016– 

2020 

2016– 

2025 

CHANGES IN DIRECT SPENDING 

COLA Round-down ............. ¥24 ¥30 ¥28 ¥32 ¥33 ¥34 ¥38 ¥36 ¥34 ¥38 ¥147 ¥327 

Accrued Benefits ................ 0 0 35 36 38 39 40 41 42 43 109 314 

Interim Payments of Adjudicated Claims .............. 8 * * * * * * * * * 8 9 

Total Changes in Direct Spending ....... ¥16 ¥30 7 4 5 5 2 5 8 5 ¥30 ¥4 

Notes: Components may not sum to totals due to rounding. 

COLA = Cost-of-Living Adjustment; * = between zero and $500,000. 

The COLA that would be authorized by this bill is assumed in 

CBO’s baseline, consistent with section 257 of the Balanced Budget 

and Emergency Deficit Control Act. Because the COLA is assumed 

in CBO’s baseline, authorizing the COLA would have no budgetary 

effect relative to the baseline. Relative to current law, CBO estimates that enacting this bill would increase spending for those programs by $662 million in fiscal year 2016. That estimate assumes 

that the COLA effective on December 1, 2015, would be 0.9 percent. (The annualized cost would be about $890 million in subsequent years.) 

Section 101 also would require that the increased payments resulting from the cost-of-living adjustment be rounded down to the 

next lower whole dollar. The previous authority to round down the 

COLA expired at the end of calendar year 2013. Based on projections of the number of people receiving benefits and payments 

made each year, CBO estimates that enacting this section would 

reduce direct spending by $327 million over the 2016–2025 period. 

Accrued Benefits. Section 401 would add the estate of a veteran 

to the list of payees for any accrued benefits owed to a veteran 

upon his or her death. Under current law, if a veteran dies while 

an application for benefits is being processed, and that application 

is subsequently approved, any benefits due to the veteran are paid 

to the spouse, children, or parents of the veteran, in that order. In 

the absence of an eligible survivor, no payments are made. By allowing payments to be made to veterans’ estates, section 401 would 


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ensure that such payments are made in all cases. Section 401 

would take effect two years after the date of enactment. 

VA reports that, over the last several years, there was an average of 4,200 cases per year where an award for benefits was approved but there was no eligible survivor. The average amount paid 

to eligible survivors is about $8,000. CBO expects the same accrued 

benefit amount would be paid to veterans’ estates. After accounting 

for inflation and annual growth in the number of approved applications, CBO estimates that enacting section 401 would increase direct spending by $314 million over the 2016–2025 period. 

Interim Payments of Adjudicated Claims. In cases where veterans file claims for more than one disability at the same time, section 301 would require VA to pay disability benefits to veterans as 

each claim is decided. Under current law, VA has the authority to 

make such partial payments for multiple claims, but that authority 

is rarely used. 

Once adjudicated, VA benefits are paid retroactively from the 

date of the initial application. That is, veterans usually receive an 

initial lump-sum payment that covers the months since their application was submitted. Thus, section 301 would have the effect of 

shifting some payments to an earlier fiscal year by paying certain 

veterans a part of their benefit earlier than they would otherwise 

receive it. However, those early payments would be fully offset by 

savings in the following year when the retroactive payments would 

normally be made. 

Based on information from VA, and assuming trends similar to 

those observed in previous years, CBO estimates that about 

290,000 veterans will apply for disability benefits for the first time 

in 2016. CBO expects that veterans who begin receiving payments 

at a disability rating of 50 percent or greater (about 135,000 veterans) would probably have applied to be compensated for more 

than one disability. Of those, CBO estimates that half would be 

fully adjudicated within the same fiscal year as the application. For 

those claims, enacting this provision would not move spending from 

one fiscal year to another. 

For claims that would be settled in the fiscal year after the year 

of submission, CBO estimates that about 20 percent would have a 

claim that could be adjudicated quickly. Two-thirds of those 

claims—about 9,000—would then be paid one year earlier than 

under current law. Assuming an average rating of 10 percent ($140 

per month) for the quickly adjudicated claims, and an average of 

six months of benefits, CBO estimates that enacting section 301 

would increase direct spending by $8 million in 2016. However, 

that new spending in 2016 would be offset by an equal reduction 

in spending in 2017. In each subsequent year, a similar effect 

would be seen—increased spending in one year followed by decreased spending in the following year. For this estimate, CBO adjusted the amount of the accelerated spending each year to account 

for inflation and population growth. 

On that basis, CBO estimates that enacting section 301 would 

cost $8 million over the 2016–2020 period, and $9 million over the 

2016–2025 period. 


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Spending Subject to Appropriation 

H.R. 675 contains several provisions that would affect spending 

subject to appropriation including extending the temporary expansion of the Court of Appeals for Veterans Claims and increasing 

the salaries of CAVC judges, among others (see Table 3). CBO estimates that implementing those provisions would cost $5 million 

over the 2016–2020 period, subject to the availability of appropriated amounts. 

Extension of Temporary Expansion of CAVC. Section 201 would 

extend, through January 1, 2020, the authority for the Court of Appeals for Veterans Claims to appoint a new judge to the court 

should a position become vacant. Previous legislation allowed for 

the court to expand from seven judges to nine in order to address 

the workload of the court. The authority to appoint a new judge to 

maintain nine judges expired on January 1, 2013. 

TABLE 3. ESTIMATED CHANGES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 675 

Fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2016– 

2020 

Extension of Temporary Expansion of CAVC 

Estimated Authorization Level ............................................. 0 0 * 1 1 3 

Estimated Outlays ............................................................... 0 0 * 1 1 3 

Increased Salaries of CAVC Judges 

Estimated Authorization Level ............................................. * * * * * 1 

Estimated Outlays ............................................................... * * * * * 1 

Other Provisions 

Estimated Authorization Level ............................................. * * * * * 1 

Estimated Outlays ............................................................... * * * * * 1 

Total Changes 

Estimated Authorization Level .................................... * * * 2 2 5 

Estimated Outlays ...................................................... * * * 2 2 5 

Note: Components may not sum to totals due to rounding. 

*=between zero and $500,000; CAVC=Court of Appeals for Veterans Claims. 

According to the CAVC, the cost of a judge and his or her chamber is about $1 million per year. CBO expects that one judge will 

leave or retire over the next several years; thus, under section 201 

one new judge would be appointed. Therefore, CBO estimates that 

implementing section 201 would cost $3 million over the 2016–2020 

period. 

Increased Salaries of CAVC Judges. Section 205 would increase 

the annual salaries for judges of the CAVC. Under current law, 

CAVC judges are paid at the level of district court judges, which 

was $199,100 in 2014. Section 205 would increase the CAVC 

judges’ salaries to the same rate as U.S. Court of Appeals judges— 

$211,200 in 2014. Currently, there are nine CAVC judges. After accounting for inflation, CBO estimates that implementing section 

205 would increase costs for salaries by about $1 million over the 

2016–2020 period. 

Other Provisions. Several sections of H.R. 675 would have very 

small effects on discretionary costs. In total, CBO estimates that 

implementing the following provisions would cost $1 million over 

the 2016–2020 period. • Section 202 would allow judges who are eligible to be recalled 

to serve for more than the 90 days currently authorized. 


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• Section 302 would require VA to establish a training process 

for newly hired claims processors. According to VA, it has already 

begun the process of establishing new training programs for claims 

processors. Most of the requirements of section 104 would align 

with VA’s new training program. 

• Section 303 would require VA to post in public spaces and on 

their website information about the average processing times for all 

claims submitted, claims filed by veterans service organizations or 

other persons on the behalf of veterans, and claims filed by the veteran. Section 303 also would require VA to provide a notice containing information on processing times for submitted claims to all 

individuals who submit claims for benefits with the department. 

Pay–As–You–Go considerations: The Statutory Pay-As-You-Go 

Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 675 AS ORDERED REPORTED BY THE 

HOUSE COMMITTEE ON VETERANS’ AFFAIRS ON MAY 21, 2015 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2016– 

2020 

2016– 

2025 

NET DECREASE (¥) IN THE DEFICIT 

Statutory PayAs-You-Go 

Impact ......... ¥16 ¥30 7 4 5 5 2 5 8 5 ¥30 ¥4 

Intergovernmental and private-sector impact: H.R. 675 contains 

no intergovernmental or private sector mandates as defined in 

UMRA and would not affect the budgets of state, local, or tribal 

governments. 

Estimate prepared by: Federal costs: Dwayne M. Wright; Impact 

on state, local, and tribal governments: Jon Sperl; Impact on the 

private sector: Paige Piper/Bach. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 675, as amended, prepared by the Director of 

the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act would be created by H.R. 675, as 

amended. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to Article I, section 8 of the United States Constitution, 

the reported bill is authorized by Congress’ power to ‘‘provide for 

the common Defense and general Welfare of the United States.’’ 


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2 42 U.S.C. §§ 401 et seq. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

STATEMENT ON DUPLICATION OF FEDERAL PROGRAMS

Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015), the 

Committee finds that no provision of H.R. 675, as amended, establishes or reauthorizes a program of the Federal Government known 

to be duplicative of another Federal program, a program that was 

included in any report from the Government Accountability Office 

to Congress pursuant to section 21 of Public Law 111–139, or a 

program related to a program identified in the most recent Catalog 

of Federal Domestic Assistance. 

DISCLOSURE OF DIRECTED RULEMAKING

Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015), the 

Committee estimates that H.R. 675, as amended, contains no directed rule making. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1—Short title; table of contents 

Section 1(a) would establish that this Act may be cited as the 

‘‘Veterans’ Compensation Cost-of-Living Adjustment Act of 2015.’’ 

Section 1(b) would contain the table of contents for this Act. 

TITLE I—COMPENSATION COST OF LIVING ADJUSTMENT

Section 101—Increase in rates of disability compensation and dependency and indemnity compensation 

Section 101(a) would authorize the Secretary of Veterans Affairs 

to increase, effective December 1, 2015, the dollar amounts in effect 

for the payment of disability compensation and dependency and indemnity compensation. 

Section 101(b) would specify the amounts that would be increased regarding the Wartime Disability Compensation, under 

section 1114 of title 38, U.S.C, the Additional Compensation for Dependents, under section 1115(1) of title 38, U.S.C., the Clothing Allowance, under section 1162 of title 38, U.S.C., the Dependency and 

Indemnity Compensation to Surviving Spouses, under section 1311 

of title 38, U.S.C., and the Dependency and Indemnity Compensation to Children, under sections 1313(a) and 1314 of title 38, U.S.C. 

Section 101(c) would specify that each amount shall be increased 

by the same percentage by which benefits are increased under title 

II of the Social Security Act 2 (and would round down to the next 

lower dollar amount all compensation and DIC benefits, when the 

amount is not a whole dollar amount). 

Section 101(d) would provide a special rule authorizing the Secretary of VA to adjust administratively, consistent with the increases made under subsection (a), the rates of disability comVerDate Sep 11 2014 01:31 Jul 18, 2015 Jkt 049006 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\HR206.XXX HR206

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pensation payable to persons within the purview of section 10 of 

Public Law 85–857, who are not in receipt of compensation payable 

pursuant to chapter 11 of title 38, U.S.C. 

Section 102—Publication of adjusted rates 

Section 102 would require the Secretary of VA to publish in the 

Federal Register the amounts specified in subsection 101(b), as increased pursuant to that section. 

TITLE II—UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Section 201—Extending temporary expansion of United States 

Court of Appeals for veterans claims 

Section 201 would amend section 7253(i)(2) of title 38, U.S.C., to 

extend the temporary expansion of the CAVC from seven to nine 

judges to January 1, 2020. 

Section 202—Recall of retired judges of United States Court of Appeals for veterans claims 

Section 202 would amend section 7257(b) of title 38, U.S.C., to 

permit a retired, recall-eligible judge of the CAVC to be recalled 

upon request, unless the chief judge of the CAVC certifies that 

there is insufficient work for the judge or there are insufficient resources to provide appropriate administrative support to the judge. 

Section 203—Life insurance program relating to judges of United 

States Court of Appeals for veterans claims 

Section 203(a) would amend section 7281 of title 38, U.S.C., to 

extend certain life insurance benefits to judges of the CAVC. 

Section 203(b) would establish the effective date of this section 

as on or after the first day of the first applicable pay period beginning on or after the date of the enactment of this Act. 

Section 204—Voluntary contributions to enlarge survivors’ annuity 

Section 204 would amend section 7297 of title 38, U.S.C., to provide for judges of the CAVC the option of purchasing additional 

service credit to enlarge survivors’ annuity. 

Section 205—Salaries of judges of United States Court of Appeals 

for veterans claims 

Section 205 would amend section 7253(e) of title 38, United 

States Code, to provide that the judges on the CAVC shall be paid 

the same as federal appellate judges. 

Section 206—Selection of chief judge of United States Court of Appeals for veterans claims 

Section 206 would amend section 7253(d) of title 38, U.S.C., to 

provide that the chief judge should: (1) be in regular, active service 

and senior in commission among the judges of the court who have 

served at least one year as judges of the CAVC; (2) be 64 years of 

age or under and have at least three years remaining in term of 

office; and (3) have not previously served as chief judge. In any 

case in which there is no judge of the CAVC who meets all of these 

requirements, the judge of the CAVC in regular active service who 

is senior in commission and has not served previously as chief 


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22 

judge; and, has either served for at least one year as a judge of the 

court, or is 64 years of age and under and has at least three years 

remaining in term of office, shall act as the chief judge. 

TITLE III—IMPROVEMENT OF CLAIMS PROCESSING

Section 301—Interim payments for compensation benefits under 

laws administered by the Secretary of Veterans Affairs 

Section 301(a) would add a new section to subchapter III of chapter 51 of title 38, U.S.C., which would require the Secretary of VA, 

in claims in which adjudication requires decision making with respect to two or more medical conditions, to immediately pay the 

claimant any monetary benefits awarded to the claimant for positively adjudicated conditions while other conditions are further developed. 

Section 301(b) would provide a clerical amendment. 

Section 302—Claims processors training 

Section 302(a) would require the Secretary of VA to establish a 

training program for up to two years for newly hired claims processors and to identify successful claims processors to assist in the 

training. 

Section 302(b) would require VA to execute the training program 

for newly hired claims processors without increasing the amount of 

time in which claims are processed. 

Section 302(c) would set the effective date of this section one year 

after the enactment of the Act. 

Section 303—Notice of average times for processing claims and percentage of claims approved 

Section 303(a) would provide for public notice of the information 

that is required to be collected by this section to be posted in each 

VA Regional Office and claims-intake facility and on the VA 

website. 

Section 303(b) would require the Secretary of VA to provide notice to claimants of the information that is required to be collected 

by this section, pursuant to subsection (c), as well as notice that, 

for the period ending on August 6, 2015, claimants are eligible to 

receive up to an extra year of benefits payments if they are filing 

a FDC. This subsection would also require claimants to include a 

signed form with their application acknowledging that the claimant 

received such notice. 

Section 303(c) would require VA to collect information on the average processing times of specific types of enumerated claims, including electronic FDCs, paper FDCs, electronic claims that are not 

fully developed, standard paper claims that are not fully developed, 

and non-standard paper claims that are not fully developed. Information on the percentage of each such submitted claim for which 

benefits are awarded would also be required. This subsection would 

also require VA to collect information on the percentage of claims 

that are awarded benefits based on the type of representation received by the veteran in the claims process. Such information 

would be required to be updated at least once each fiscal quarter. 


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TITLE IV—OTHER MATTERS

Section 401—Clarification of eligible recipients of certain accrued 

benefits upon death of beneficiary 

Section 401(a) would amend section 5121(a)(2) of title 38, U.S.C., 

by requiring VA to pay any accrued benefits that are due and unpaid, as of the date of death of the veteran, to the veteran’s estate 

unless the estate will escheat. 

Section 401(b) would set the effective date of this section at two 

years after the enactment of the Act. 

Section 402—Observance of veterans day 

Section 402(a) would provide for a codified two minute moment 

of silence on Veterans Day in honor of the service and sacrifice of 

veterans throughout history. 

Section 402(b) would provide a clerical amendment. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 38, UNITED STATES CODE 

* * * * * * * 

PART IV—GENERAL ADMINISTRATIVE 

PROVISIONS 

* * * * * * * 

CHAPTER 51—CLAIMS, EFFECTIVE DATES, AND 

PAYMENTS 

SUBCHAPTER I—CLAIMS 

Sec. 

5100. Definition of ‘‘claimant’’. 

* * * * * * * 

SUBCHAPTER III—PAYMENT OF BENEFITS 

* * * * * * * 

5127. Interim payments of compensation benefits. 

* * * * * * * 

SUBCHAPTER III—PAYMENT OF BENEFITS 

* * * * * * * 

§ 5121. Payment of certain accrued benefits upon death of a 

beneficiary 

(a) Except as provided in sections 3329 and 3330 of title 31, periodic monetary benefits (other than insurance and servicemen’s indemnity) under laws administered by the Secretary to which an inVerDate Sep 11 2014 01:31 Jul 18, 2015 Jkt 049006 PO 00000 Frm 00023 Fmt 6659 Sfmt 6601 E:\HR\OC\HR206.XXX HR206

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dividual was entitled at death under existing ratings or decisions 

or those based on evidence in the file at date of death (hereinafter 

in this section and section 5122 of this title referred to as ‘‘accrued 

benefits’’) and due and unpaid, shall, upon the death of such individual be paid as follows: 

(1) Upon the death of a person receiving an apportioned 

share of benefits payable to a veteran, all or any part of such 

benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary. 

(2) Upon the death of a veteran, to the living person, or estate, first listed below: 

(A) The veteran’s spouse. 

(B) The veteran’s children (in equal shares). 

(C) The veteran’s dependent parents (in equal shares). 

(D) The estate of the veteran (unless the estate will escheat). 

(3) Upon the death of a surviving spouse or remarried surviving spouse, to the children of the deceased veteran. 

(4) Upon the death of a child, to the surviving children of the 

veteran who are entitled to death compensation, dependency 

and indemnity compensation, or death pension. 

(5) Upon the death of a child claiming benefits under chapter 

18 of this title, to the surviving parents. 

(6) In all other cases, only so much of the accrued benefits 

may be paid as may be necessary to reimburse the person who 

bore the expense of last sickness and burial. 

(b) No part of any accrued benefits shall be used to reimburse 

any political subdivision of the United States for expenses incurred 

in the last sickness or burial of any beneficiary. 

(c) Applications for accrued benefits must be filed within one 

year after the date of death. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the claimant of the evidence necessary to complete the application. If such evidence is not received within one year from the date 

of such notification, no accrued benefits may be paid. 

* * * * * * * 

§ 5127. Interim payments of compensation benefits 

(a) IN GENERAL.—In the case of a claim described in subsection 

(b), prior to adjudicating the claim, the Secretary shall make interim payments of monetary benefits to the claimant based on any 

disability for which the Secretary has made a decision or, with respect to such a disability that is not compensable, notify the claimant of the rating relating to such disability. Upon the adjudication 

of the claim, the Secretary shall pay to the claimant any monetary 

benefits awarded to the claimant for the period of payment under 

section 5111 of this title less the amount of such benefits paid to the 

claimant under this section. 

(b) CLAIM DESCRIBED.—A claim described in this subsection is a 

claim for disability compensation under chapter 11 of this title (including a claim regarding an increased rating)— 

(1) the adjudication of which requires the Secretary to make 

decisions with respect to two or more disabilities; and 

(2) for which, before completing the adjudication of the claim, 

the Secretary makes a decision with respect to a disability that 


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25 

would result in the payment of monetary benefits to the claimant upon the adjudication of the claim. 

* * * * * * * 

PART V—BOARDS, ADMINISTRATIONS, AND 

SERVICES 

* * * * * * * 

CHAPTER 72—UNITED STATES COURT OF APPEALS FOR 

VETERANS CLAIMS 

Subchapter I—ORGANIZATION AND 

JURISDICTION 

* * * * * * * 

§ 7253. Composition 

(a) COMPOSITION.—The Court of Appeals for Veterans Claims is 

composed of at least three and not more than seven judges, one of 

whom shall serve as chief judge in accordance with subsection (d). 

(b) APPOINTMENT.—The judges of the Court shall be appointed by 

the President, by and with the advice and consent of the Senate, 

solely on the grounds of fitness to perform the duties of the office. 

A person may not be appointed to the Court who is not a member 

in good standing of the bar of a Federal court or of the highest 

court of a State. Not more than the number equal to the next whole 

number greater than one-half of the number of judges of the Court 

may be members of the same political party. 

(c) TERM OF OFFICE.—The term of office of the judges of the 

Court of Appeals for Veterans Claims shall be 15 years. A judge 

who is nominated by the President for appointment to an additional term on the Court without a break in service and whose 

term of office expires while that nomination is pending before the 

Senate may continue in office for up to 1 year while that nomination is pending. 

(d) CHIEF JUDGE.—(1) The chief judge of the Court is the head 

of the Court. The chief judge of the Court shall be the judge of the 

Court in regular active service who is senior in commission among 

the judges of the Court who— 

(A) have served for one or more years as judges of the Court; 

øand¿ 

(B) are 64 years of age or under and have at least three years 

remaining in term of office; and 

ø(B)¿ (C) have not previously served as chief judge. 

ø(2) In any case in which there is no judge of the Court in regular active service who has served as a judge of the Court for at 

least one year, the judge of the court in regular active service who 

is senior in commission and has not served previously as chief 

judge shall act as the chief judge.¿ 

(2)(A) In any case in which there is no judge of the Court in regular active service who meets the requirements under paragraph (1), 

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mission and meets subparagraph (A) or (B) and subparagraph (C) 

of paragraph (1) shall act as the chief judge. 

(B) In any case under subparagraph (A) of this paragraph in 

which there is no judge of the Court in regular active service who 

meets subparagraph (A) or (B) and subparagraph (C) of paragraph 

(1), the judge of the Court in regular active service who is senior in 

commission and meets subparagraph (C) shall act as the chief 

judge. 

(3) Except as provided in paragraph (4), a judge of the Court 

shall serve as the chief judge under paragraph (1) for a term of five 

years or until the judge becomes age 70, whichever occurs first. If 

no other judge is eligible under paragraph (1) to serve as chief 

judge upon the expiration of that term, that judge shall continue 

to serve as chief judge until another judge becomes eligible under 

that paragraph to serve as chief judge. 

(4)(A) The term of a chief judge shall be terminated before the 

end of the term prescribed by paragraph (3) if— 

(i) the chief judge leaves regular active service as a judge of 

the Court; 

(ii) the chief judge notifies the other judges of the Court in 

writing that such judge desires to be relieved of the duties of 

chief judge. 

(B) The effective date of a termination of the term under subparagraph (A) shall be the date on which the chief judge leaves 

regular active service or the date of the notification under subparagraph (A)(ii), as the case may be. 

(5) If a chief judge is temporarily unable to perform the duties 

of chief judge, those duties shall be performed by the judge of the 

Court in active service who is present, able and qualified to act, 

and is next in precedence. 

(6) Judges who have the same seniority in commission shall be 

eligible for service as chief judge in accordance with their relative 

precedence. 

(e) SALARY.—Each judge of the Court shall receive a salary at the 

same rate as is received by judges of the United States ødistrict 

courts¿ courts of appeals. 

(f) REMOVAL.—(1) A judge of the Court may be removed from office by the President on grounds of misconduct, neglect of duty, engaging in the practice of law, or violating section 7255(c) of this 

title. A judge of the Court may not be removed from office by the 

President on any other ground. 

(2) Before a judge may be removed from office under this subsection, the judge shall be provided with a full specification of the 

reasons for the removal and an opportunity to be heard. 

(g) RULES.—(1) The Court shall prescribe rules, consistent with 

the provisions of chapter 16 of title 28, establishing procedures for 

the filing of complaints with respect to the conduct of any judge of 

the Court and for the investigation and resolution of such complaints. In investigating and taking action with respect to any such 

complaint, the Court shall have the powers granted to a judicial 

council under such chapter. 

(2) The provisions of sections 354(b) through 360 of title 28, regarding referral or certification to, and petition for review in, the 

Judicial Conference of the United States and action thereon, shall 

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cil under paragraph (1) of this subsection. The grounds for removal 

from office specified in subsection (f)(1) shall provide a basis for a 

determination pursuant to section 354(b) or 355 of title 28, and certification and transmittal by the Conference shall be made to the 

President for consideration under subsection (f). 

(3)(A) In conducting hearings pursuant to paragraph (1), the 

Court may exercise the authority provided under section 1821 of 

title 28 to pay the fees and allowances described in that section. 

(B) The Court shall have the power provided under section 361 

of title 28 to award reimbursement for the reasonable expenses described in that section. Reimbursements under this subparagraph 

shall be made from funds appropriated to the Court. 

(h) TEMPORARY EXPANSION OF COURT.—(1) During the period 

from January 1, 2002, through August 15, 2005, the authorized 

number of judges of the Court specified in subsection (a) is increased by two. 

(2)(A) Of the two additional judges authorized by this subsection— 

(i) only one may be appointed pursuant to a nomination 

made in 2002; and 

(ii) only one may be appointed pursuant to a nomination 

made in 2003. 

(B) If a judge is not appointed under this subsection pursuant to 

a nomination made in 2002, a judge may be appointed under this 

subsection pursuant to a nomination made in 2004. If a judge is 

not appointed under this subsection pursuant to a nomination 

made in 2003, a judge may be appointed under this subsection pursuant to a nomination made in 2004. In either case, such an appointment may be made only pursuant to a nomination made before October 1, 2004. 

(3) The term of office and the eligibility for retirement of a judge 

appointed under this subsection, other than a judge described in 

paragraph (4), are governed by the provisions of section 1012 of the 

Court of Appeals for Veterans Claims Amendments of 1999 (title 

X of Public Law 106-117; 113 Stat. 1590; 38 U.S.C. 7296 note) if 

the judge is one of the first two judges appointed to the Court after 

November 30, 1999. 

(4) A judge of the Court as of December 27, 2001, who was appointed to the Court before January 1, 1991, may accept appointment as a judge of the Court under this subsection notwithstanding 

that the term of office of the judge on the Court has not yet expired 

under this section. The term of office of an incumbent judge who 

receives an appointment as described in the preceding sentence 

shall be 15 years, which includes any period remaining in the unexpired term of the judge. Any service following an appointment 

under this subsection shall be treated as though served as part of 

the original term of office of that judge on the Court. 

(5) Notwithstanding paragraph (1), an appointment may not be 

made to the Court if the appointment would result in there being 

more than seven judges on the Court who were appointed after 

January 1, 1997. For the purposes of this paragraph, a judge serving in recall status under section 7257 of this title shall be disregarded in counting the number of judges appointed to the Court 

after such date. 


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(i) ADDITIONAL TEMPORARY EXPANSION OF COURT.—(1) Subject to 

paragraph (2), effective as of December 31, 2009, the authorized 

number of judges of the Court specified in subsection (a) is increased by two. 

(2) Effective as of øJanuary 1, 2013¿ January 1, 2020, an appointment may not be made to the Court if the appointment would 

result in there being more judges of the Court than the authorized 

number of judges of the Court specified in subsection (a). 

* * * * * * * 

§ 7257. Recall of retired judges 

(a)(1) A retired judge of the Court may be recalled for further 

service on the Court in accordance with this section. To be eligible 

to be recalled for such service, a retired judge must at the time of 

the judge’s retirement provide to the chief judge of the Court (or, 

in the case of the chief judge, to the clerk of the Court) notice in 

writing that the retired judge is available for further service on the 

Court in accordance with this section and is willing to be recalled 

under this section. Such a notice provided by a retired judge to 

whom section 7296(c)(1)(B) of this title applies is irrevocable. 

(2) For the purposes of this section— 

(A) a retired judge is a judge of the Court of Appeals for Veterans Claims who retires from the Court under section 7296 of 

this title or under chapter 83 or 84 of title 5; and 

(B) a recall-eligible retired judge is a retired judge who has 

provided a notice under paragraph (1). 

(b)ø(1) The chief judge may recall for further service on the Court 

a recall-eligible retired judge in accordance with this section. Such 

a recall shall be made upon written certification by the chief judge 

that substantial service is expected to be performed by the retired 

judge for such period, not to exceed 90 days (or the equivalent), as 

determined by the chief judge to be necessary to meet the needs 

of the Court.¿ (1)(A) The chief judge may recall for further service 

on the Court a recall-eligible retired judge in accordance with this 

section. Such a recall shall be made upon written certification by 

the chief judge that substantial service is expected to be performed 

by the retired judge for such period, not to exceed 90 days (or the 

equivalent), as determined by the chief judge to be necessary to meet 

the needs of the Court. 

(B)(i) A recall-eligible judge may request that the chief judge recall the recall-eligible judge for a period of service of not less than 

90 days (or the equivalent). 

(ii) The chief judge shall approve a request made by a recall-eligible judge pursuant to clause (i) unless the chief judge certifies, in 

writing, that the Court does not have— 

(I) sufficient work to assign such recall-eligible judge during 

the period of recalled service; or 

(II) sufficient resources to provide to such recall-eligible judge 

appropriate administrative and office support. 

(iii) At any time during the period of recalled service of a judge 

who is recalled pursuant to clause (i), the chief judge may terminate 

such recalled service if the chief judge makes a written certification 

described in clause (ii). 


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(2) A recall-eligible retired judge may not be recalled for more 

than 90 days (or the equivalent) during any calendar year without 

the judge’s consent. 

(3) If a recall-eligible retired judge is recalled by the chief judge 

in accordance with this section and (other than in the case of a 

judge who has previously during that calendar year served at least 

90 days (or the equivalent) of recalled service on the court) declines 

(other than by reason of disability) to perform the service to which 

recalled, the chief judge shall remove that retired judge from the 

status of a recall-eligible judge. This paragraph shall not apply to 

a judge to whom section 7296(c)(1)(A) or 7296(c)(1)(B) of this title 

applies and who has, in the aggregate, served at least five years 

of recalled service on the Court under this section. 

(4) A recall-eligible retired judge who becomes permanently disabled and as a result of that disability is unable to perform further 

service on the Court shall be removed from the status of a recalleligible judge. Determination of such a disability shall be made 

pursuant to section 7253(g) or 7296(g) of this title. 

(c) A retired judge who is recalled under this section may exercise all of the judicial powers and duties of the office of a judge in 

active service. 

(d)(1) The pay of a recall-eligible retired judge to whom section 

7296(c)(1)(B) of this title applies is the pay specified in that section. 

(2) A judge who is recalled under this section who retired under 

chapter 83 or 84 of title 5 or to whom section 7296(c)(1)(A) of this 

title applies shall be paid, during the period for which the judge 

serves in recall status, pay at the rate of pay in effect under section 

7253(e) of this title for a judge performing active service, less the 

amount of the judge’s annuity under the applicable provisions of 

chapter 83 or 84 of title 5 or the judge’s annuity under section 

7296(c)(1)(A) of this title, whichever is applicable. 

(e)(1) Except as provided in subsection (d), a judge who is recalled under this section who retired under chapter 83 or 84 of title 

5 shall be considered to be a reemployed annuitant under that 

chapter. 

(2) Nothing in this section affects the right of a judge who retired 

under chapter 83 or 84 of title 5 to serve as a reemployed annuitant in accordance with the provisions of title 5. 

* * * * * * * 

SUBCHAPTER III—MISCELLANEOUS PROVISIONS 

§ 7281. Employees 

(a) The Court of Appeals for Veterans Claims may appoint a 

clerk without regard to the provisions of title 5 governing appointments in the competitive service. The clerk shall serve at the pleasure of the Court. 

(b) The judges of the Court may appoint law clerks and secretaries, in such numbers as the Court may approve, without regard 

to the provisions of title 5 governing appointments in the competitive service. Any such law clerk or secretary shall serve at the 

pleasure of the appointing judge. 

(c) The clerk, with the approval of the Court, may appoint necessary deputies and employees without regard to the provisions of 

title 5 governing appointments in the competitive service. 


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(d) The Court may fix and adjust the rates of basic pay for the 

clerk and other employees of the Court without regard to the provisions of chapter 51, subchapter III of chapter 53, or section 5373 

of title 5. To the maximum extent feasible, the Court shall compensate employees at rates consistent with those for employees 

holding comparable positions in the judicial branch. 

(e) In making appointments under subsections (a) through (c) of 

this section, preference shall be given, among equally qualified persons, to persons who are preference eligibles (as defined in section 

2108(3) of title 5). 

(f) The Court may procure the services of experts and consultants 

under section 3109 of title 5. 

(g) The chief judge of the Court may exercise the authority of the 

Court under this section whenever there are not at least two other 

judges of the Court. 

(h) The Court shall not be considered to be an agency within the 

meaning of section 3132(a)(1) of title 5. 

(i) The Court may accept and utilize voluntary services and uncompensated (gratuitous) services, including services as authorized 

by section 3102(b) of title 5 and may accept, hold, administer, and 

utilize gifts and bequests of personal property for the purposes of 

aiding or facilitating the work of the Court. Gifts or bequests of 

money to the Court shall be covered into the Treasury. 

(j) For purposes of chapter 87 of title 5, a judge who is in regular 

active service and a judge who is retired under section 7296 of this 

title or under chapter 83 or 84 of title 5 shall be treated as an employee described in section 8701(a)(5) of title 5. 

* * * * * * * 

SUBCHAPTER V—RETIREMENT AND SURVIVORS 

ANNUITIES 

* * * * * * * 

§ 7297. Survivor annuities 

(a) For purposes of this section: 

(1) The term ‘‘Court’’ means the United States Court of Appeals for Veterans Claims. 

(2) The term ‘‘judge’’ means a judge of the Court who is in 

active service or who has retired under section 7296 of this 

title. 

(3) The term ‘‘pay’’ means salary received under section 

7253(e) of this title and retired pay received under section 7296 

of this title. 

(4) The term ‘‘retirement fund’’ means the Court of Appeals 

for Veterans Claims Retirement Fund established under section 7298 of this title. 

(5) The term ‘‘surviving spouse’’ means a surviving spouse of 

an individual who (A) was married to such individual for at 

least one year immediately preceding the individual’s death, or 

(B) is a parent of issue by the marriage. 

(6) The term ‘‘dependent child’’ has the meaning given the 

term ‘‘child’’ in section 376(a)(5) of title 28. 


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31 

(7) The term ‘‘Member of Congress’’ means a Representative, 

a Senator, a Delegate to Congress, or the Resident Commissioner of Puerto Rico. 

(8) The term ‘‘assassination’’ as applied to a judge shall have 

the meaning provided that term in section 376(a)(7) of title 28 

as applied to a judicial official. 

(b) A judge may become a participant in the annuity program 

under this section by filing a written election under this subsection 

while in office or within six months after the date on which the 

judge marries if the judge has retired under section 7296 of this 

title. Any such election shall be made in such manner as may be 

prescribed by the Court. 

(c) There shall be deducted and withheld each pay period from 

the pay of a judge who has made an election under subsection (b) 

of this section a sum equal to that percentage of the judge’s pay 

that is the same as provided for the deduction from the salary or 

retirement salary of a judge of the United States Court of Federal 

Claims for the purpose of a survivor annuity under section 

376(b)(1)(B) of title 28. Amounts so deducted and withheld shall be 

deposited in the retirement fund. A judge who makes an election 

under subsection (b) of this section shall be considered by that election to agree to the deductions from the judge’s pay required by 

this subsection. 

(d)(1) A judge who makes an election under subsection (b) of this 

section shall deposit, with interest at 3 percent per year compounded on December 31 of each year, to the credit of the retirement fund, an amount equal to 3.5 percent of the judge’s pay and 

of the judge’s basic salary, pay, or compensation for service as a 

Member of Congress, and for any other civilian service within the 

purview of section 8332 of title 5. Each such judge may elect to 

make such deposits in installments during the judge’s period of 

service in such amount and under such conditions as may be determined in each instance by the chief judge. Notwithstanding the 

failure of a judge to make such deposit, credit shall be allowed for 

the service rendered, but the annual annuity of the surviving 

spouse of such judge shall be reduced by an amount equal to 10 

percent of the amount of such deposit, computed as of the date of 

the death of such judge, unless the surviving spouse elects to eliminate such service entirely from credit under subsection (k) of this 

section. However, a deposit shall not be required from a judge for 

any year with respect to which deductions from the judge’s pay, or 

a deposit, were actually made (and not withdrawn) under the civil 

service retirement laws. 

(2) The interest required under the first sentence of paragraph 

(1) shall not be required for any period— 

(A) during which a judge was separated from any service described in section 376(d)(2) of title 28; and 

(B) during which the judge was not receiving retired pay 

based on service as a judge or receiving any retirement salary 

as described in section 376(d)(1) of title 28. 

(e) If the service of a judge who makes an election under subsection (b) of this section terminates other than pursuant to the 

provisions of section 7296 of this title, or if any judge ceases to be 

married after making the election under subsection (b) of this section and revokes (in a writing filed as provided in subsection (b) of 


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this section) such election, the amount credited to the judge’s individual account (together with interest at 3 percent per year compounded on December 31 of each year to the date of the judge’s relinquishment of office) shall be returned to the judge. For the purpose of this section, the service of a judge making an election under 

subsection (b) of this section shall be considered to have terminated 

pursuant to section 7296 of this title if— 

(1) the judge is not reappointed following expiration of the 

term for which appointed; and 

(2) at or before the time of the expiration of that term, the 

judge is eligible for and elects to receive retired pay under section 7296 of this title. 

(f)(1) If a judge who makes an election under subsection (b) of 

this section dies after having rendered at least 18 months of civilian service (computed as prescribed in subsection (l) of this section), for the last 18 months of which the salary deductions provided for by subsection (c) of this section or the deposits required 

by subsection (d) of this section have actually been made (and not 

withdrawn) or the salary deductions required by the civil service 

retirement laws have actually been made (and not withdrawn)— 

(A) if the judge is survived by a surviving spouse but not by 

a dependent child, there shall be paid to the surviving spouse 

an annuity beginning with the day of the death of the judge, 

in an amount computed as provided in subsection (k) of this 

section; or 

(B) if the judge is survived by a surviving spouse and a dependent child or children, there shall be paid to the surviving 

spouse an immediate annuity in an amount computed as provided in subsection (k) of this section and there shall also be 

paid to or on behalf of each such child an immediate annuity 

equal to the lesser of— 

(i) 10 percent of the average annual pay of such judge 

(determined in accordance with subsection (k) of this section), or 

(ii) 20 percent of such average annual pay, divided by 

the number of such children; or 

(C) if the judge is not survived by a surviving spouse but is 

survived by a dependent child or children, there shall be paid 

to or on behalf of each such child an immediate annuity equal 

to the lesser of— 

(i) 20 percent of the average annual pay of such judge 

(determined in accordance with subsection (k) of this section), or 

(ii) 40 percent of such average annual pay, divided by 

the number of such children. 

(2) The annuity payable to a surviving spouse under this subsection shall be terminated— 

(A) upon the surviving spouse’s death; or 

(B) upon the remarriage of the surviving spouse before age 

55. 

(3) The annuity payable to a child under this subsection shall be 

terminated upon the child’s death. 

(4) In case of the death of a surviving spouse of a judge leaving 

a dependent child or children of the judge surviving the spouse, the 

annuity of such child or children under paragraph (1)(B) of this 


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33 

subsection shall be recomputed and paid as provided in paragraph 

(1)(C) of this subsection. In any case in which the annuity of a dependent child is terminated, the annuities of any remaining dependent child or children, based upon the service of the same 

judge, shall be recomputed and paid as though the child whose annuity was so terminated had not survived the judge. 

(5) If a judge dies as a result of an assassination and leaves a 

survivor or survivors who are otherwise entitled to receive annuity 

payments under this section, the 18-month requirement in the matter in paragraph (1) preceding subparagraph (A) shall not apply. 

(g) Questions of family relationships, dependency, and disability 

arising under this section shall be determined in the same manner 

as such questions arising under chapter 84 of title 5 are determined. 

(h)(1) If— 

(A) a judge making an election under subsection (b) of this 

section dies while in office (i) before having rendered 5 years 

of civilian service computed as prescribed in subsection (l) of 

this section, or (ii) after having rendered 5 years of such civilian service but without a survivor entitled to annuity benefits 

provided by subsection (f) of this section; or 

(B) the right of all persons entitled to an annuity under subsection (f) of this section based on the service of such judge terminates before a claim for such benefits has been established, 

the total amount credited to the individual account of such judge 

(with interest at 3 percent per year, compounded on December 31 

of each year, to the date of the death of such judge) shall be paid 

in the manner specified in paragraph (2) of this subsection. 

(2) An amount payable under paragraph (1) of this subsection 

shall be paid, upon the establishment of a valid claim therefor, to 

the person or persons surviving at the date title to the payment 

arises, in the following order of precedence: 

(A) To the beneficiary or beneficiaries whom the judge designated in writing filed before death with the chief judge (except that in the case of the chief judge such designation shall 

be filed before death as prescribed by the Court). 

(B) To the surviving spouse of the judge. 

(C) To the child or children of the judge (and the descendants of any deceased children by representation). 

(D) To the parents of the judge or the survivor of them. 

(E) To the executor or administrator of the estate of the 

judge. 

(F) To such other next of kin of the judge as may be determined by the chief judge to be entitled under the laws of the 

domicile of the judge at the time of the judge’s death. 

(3) Determination as to the surviving spouse, child, or parent of 

a judge for the purposes of paragraph (2) of this subsection shall 

be made without regard to the definitions in subsection (a) of this 

section. 

(4) Payment under this subsection in the manner provided in this 

subsection shall be a bar to recovery by any other person. 

(5) In a case in which the annuities of all persons entitled to annuity based upon the service of a judge terminate before the aggregate amount of annuity paid equals the total amount credited to 

the individual account of such judge (with interest at 3 percent per 


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34 

year, compounded on December 31 of each year to the date of the 

death of the judge), the difference shall be paid, upon establishment of a valid claim therefor, in the order of precedence prescribed in paragraph (2) of this subsection. 

(6) Any accrued annuity remaining unpaid upon the termination 

(other than by death) of the annuity of any individual based upon 

the service of a judge shall be paid to that individual. Any accrued 

annuity remaining unpaid upon the death of an individual receiving an annuity based upon the service of a judge shall be paid, 

upon the establishment of a valid claim therefor, in the following 

order of precedence: 

(A) To the executor or administrator of the estate of that person. 

(B) After 30 days after the date of the death of such individual, to such individual or individuals as may appear in the 

judgment of the chief judge to be legally entitled thereto. 

Such payment shall be a bar to recovery by any other individual. 

(i) When a payment under this section is to be made to a minor, 

or to a person mentally incompetent or under other legal disability 

adjudged by a court of competent jurisdiction, the payment may be 

made to the person who is constituted guardian or other fiduciary 

by the law of the State of residence of such claimant or is otherwise 

legally vested with the care of the claimant or the claimant’s estate. If no guardian or other fiduciary of the person under legal disability has been appointed under the laws of the State of residence 

of the claimant, the chief judge shall determine the person who is 

otherwise legally vested with the care of the claimant or the claimant’s estate. 

(j) Annuities under this section shall accrue monthly and shall be 

due and payable in monthly installments on the first business day 

of the month following the month or other period for which the annuity has accrued. An annuity under this section is not assignable, 

either in law or in equity, or subject to execution, levy, attachment, 

garnishment, or other legal process. 

(k)(1) The annuity of the surviving spouse of a judge making an 

election under subsection (b) of this section shall be an amount 

equal to the sum of the following: 

(A) The product of— 

(i) 1.5 percent of the judge’s average annual pay; and 

(ii) the sum of the judge’s years of judicial service, the 

judge’s years of prior allowable service as a Member of 

Congress, the judge’s years of prior allowable service performed as a member of the Armed Forces, and the judge’s 

years, not exceeding 15, of prior allowable service performed as a congressional employee (as defined in section 

2107 of title 5). 

(B) Three-fourths of 1 percent of the judge’s average annual 

pay multiplied by the judge’s years of allowable service not 

counted under subparagraph (A) of this paragraph. 

(2) An annuity computed under this subsection may not exceed 

50 percent of the judge’s average annual pay and may not be less 

than 25 percent of such average annual pay. Such annuity shall be 

further reduced in accordance with subsection (d) of this section (if 

applicable). 


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35 

(3) For purposes of this subsection, the term ‘‘average annual 

pay’’, with respect to a judge, means the average annual pay received by the judge for judicial service (including periods in which 

the judge received retired pay under section 7296(d) of this title) 

or for any other prior allowable service during the period of three 

consecutive years in which the judge received the largest such average annual pay. 

(l) Subject to subsection (d) of this section, the years of service 

of a judge which are allowable as the basis for calculating the 

amount of the annuity of the judge’s surviving spouse shall include 

the judge’s years of service as a judge of the Court, the judge’s 

years of service as a Member of Congress, the judge’s years of active service as a member of the Armed Forces not exceeding 5 

years in the aggregate and not including any such service for which 

credit is allowed for the purposes of retirement or retired pay 

under any other provision of law, and the judge’s years of any other 

civilian service within the purview of section 8332 of title 5. 

(m) Nothing contained in this section shall be construed to prevent a surviving spouse eligible therefor from simultaneously receiving an annuity under this section and any annuity to which 

such spouse would otherwise be entitled under any other law without regard to this section, but in computing such other annuity 

service used in the computation of such spouse’s annuity under this 

section shall not be credited. 

(n) A judge making an election under subsection (b) of this section shall, at the time of such election, waive all benefits under the 

civil service retirement laws except section 8440d of title 5. Such 

a waiver shall be made in the same manner and shall have the 

same force and effect as an election filed under section 7296(d) of 

this title. 

(o) Each survivor annuity payable from the retirement fund shall 

be increased at the same time as, and by the same percentage by 

which, annuities payable from the Judicial Survivors’ Annuities 

Fund are increased pursuant to section 376(m) of title 28. 

(p)(1) A covered judge who makes an election under subsection (b) 

may purchase, in three-month increments, up to an additional year 

of service credit for each year of Federal judicial service completed, 

under the terms set forth in this section. 

(2) In this subsection, the term ‘‘covered judge’’ means any of the 

following: 

(A) A judge in regular active service. 

(B) A retired judge who is a recall-eligible retired judge pursuant to subsection (a) of section 7257 of this title. 

(C) A retired judge who would be a recall-eligible retired 

judge pursuant to subsection (a) of section 7257 but for— 

(i) meeting the aggregate recall service requirements 

under subsection (b)(3) of such section; or 

(ii) being permanently disabled as described by subsection (b)(4) of such section. 

* * * * * * * 

TITLE 36, UNITED STATES CODE 

* * * * * * * 


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SUBTITLE I—PATRIOTIC AND NATIONAL 

OBSERVANCES AND CEREMONIES 

* * * * * * * 

PART A—OBSERVANCES AND CEREMONIES 

* * * * * * * 

CHAPTER 1—PATRIOTIC AND NATIONAL OBSERVANCES 

Sec. 

101. American Heart Month. 

* * * * * * * 

145. Veterans Day. 

* * * * * * * 

§ 145. Veterans Day 

The President shall issue each year a proclamation calling on the 

people of the United States to observe two minutes of silence on Veterans Day in honor of the service and sacrifice of veterans throughout the history of the Nation, beginning at— 

(1) 3:11 p.m. Atlantic standard time; 

(2) 2:11 p.m. eastern standard time; 

(3) 1:11 p.m. central standard time; 

(4) 12:11 p.m. mountain standard time; 

(5) 11:11 a.m. Pacific standard time; 

(6) 10:11 a.m. Alaska standard time; and 

(7) 9:11 a.m. Hawaii-Aleutian standard time. 

* * * * * * * 

Æ 


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