IIB 

116TH CONGRESS 

2D SESSION H. R. 7795 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2020 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To amend title 38, United States Code, to improve the 

ability of veterans to access and submit disability benefit 

questionnaire forms of the Department of Veterans Affairs. 

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


pamtmann on DSKBC07HB2PROD with BILLS
2 

HR 7795 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Veterans Benefits 

3 Fairness and Transparency Act of 2020’’. 

4 SEC. 2. PUBLICATION AND ACCEPTANCE OF DISABILITY 

5 BENEFIT QUESTIONNAIRE FORMS OF DE6 PARTMENT OF VETERANS AFFAIRS. 

7 (a) IN GENERAL.—Section 5101 of title 38, United 

8 States Code, is amended— 

9 (1) by redesignating subsection (d) as sub10 section (e); and 

11 (2) by inserting after subsection (c) the fol12 lowing new subsection (d): 

13 ‘‘(d)(1) The Secretary shall publish in a central loca14 tion on the internet website of the Department disability 

15 benefit questionnaire forms, or such successor forms relat16 ing to non-Department medical providers submitting evi17 dence regarding a disability of a claimant. 

18 ‘‘(2) Subject to section 6103 of this title, if the Sec19 retary updates a form described in paragraph (1), the Sec20 retary shall— 

21 ‘‘(A) accept the previous version of the form 

22 filed by a claimant if— 

23 ‘‘(i) the claimant provided to the non-De24 partment medical provider the previous version 

25 of the form before the date on which the upVerDate Sep 11 2014 18:10 Sep 24, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7795.RFS H7795

pamtmann on DSKBC07HB2PROD with BILLS
3 

HR 7795 RFS

1 dated version of the form was made available; 

2 and 

3 ‘‘(ii) the claimant files the previous version 

4 of the form during the one-year period following 

5 the date the form was completed by the non6 Department medical provider; 

7 ‘‘(B) request from the claimant any other infor8 mation that the updated version of the form re9 quires; and 

10 ‘‘(C) apply the laws and regulations required to 

11 adjudicate the claim as if the claimant filed the up12 dated version of the form. 

13 ‘‘(3) The Secretary may waive any interagency ap14 proval process required to approve a modification to a dis15 ability benefit questionnaire form if such requirement only 

16 applies by reason of the forms being made public under 

17 paragraph (1). 

18 ‘‘(4) Not less frequently than once each year through 

19 2026, the Inspector General of the Department shall sub20 mit to Congress a report on the findings of the Inspector 

21 General with respect to the use of the forms described in 

22 paragraph (1).’’. 

23 (b) RULE OF CONSTRUCTION.—Nothing in section 

24 5101 of title 38, United States Code, as added by sub25 section (a), may be construed to require the Secretary of 


pamtmann on DSKBC07HB2PROD with BILLS
4 

HR 7795 RFS

1 Veterans Affairs to develop any new information tech2 nology system or otherwise require the Secretary to make 

3 any significant changes to the internet website of the De4 partment of Veterans Affairs. 

Passed the House of Representatives September 22, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


pamtmann on DSKBC07HB2PROD with BILLS