Union Calendar No. 363

103D CONGRESS

2D SESSION H. R. 4088

[Report No. 103–668]

A BILL

To amend title 38, United States Code, to provide

such veterans.and indemnity compensation for survivors ofnected disabilities and the rates of dependencyity compensation for veterans with service-cona cost-of-living adjustment in the rates of disabilAUGUST 4, 1994

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 363

103D CONGRESS

2D SESSION H. R. 4088

[Report No. 103–668]

To amend title 38, United States Code, to provide a cost-of-living adjustment

in the rates of disability compensation for veterans with service-connected

disabilities and the rates of dependency and indemnity compensation

for survivors of such veterans.

IN THE HOUSE OF REPRESENTATIVES

MARCH 17, 1994

Mr. SLATTERY introduced the following bill; which was referred to the

Committee on Veterans’ Affairs

AUGUST 4, 1994

Additional sponsors: Mr. KING, Mr. BISHOP, Mr. HEFNER, Mr. RICHARDSON,

Mr. STENHOLM, Mr. PAYNE of Virginia, Mr. PARKER, Mr. BILIRAKIS,

Mr. EVANS, Mr. CRAMER, Mr. MONTGOMERY, and Mr. STUMP

AUGUST 4, 1994

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on March 17, 1994]

A BILL

To amend title 38, United States Code, to provide a costof-living adjustment in the rates of disability compensation for veterans with service-connected disabilities and
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the rates of dependency and indemnity compensation for

survivors of such veterans.

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

3 SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38,

4 UNITED STATES CODE.

5 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet6 erans’ Benefits Act of 1994’’.

7 (b) REFERENCES.—Except as otherwise expressly pro8 vided, whenever in this Act an amendment or repeal is ex9 pressed in terms of an amendment to, or repeal of, a section

10 or other provision, the reference shall be considered to be

11 made to a section or other provision of title 38, United

12 States Code.

13 TITLE I—COST-OF-LIVING AD14 JUSTMENT IN RATES OF COM15 PENSATION AND DEPEND16 ENCY AND INDEMNITY COM17 PENSATION

18 SEC. 101. DISABILITY COMPENSATION.

19 Section 1114 is amended—

20 (1) by striking out ‘‘$87’’ in subsection (a) and

21 inserting in lieu thereof ‘‘$89’’;

22 (2) by striking out ‘‘$166’’ in subsection (b) and

23 inserting in lieu thereof ‘‘$170’’;
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1 (3) by striking out ‘‘$253’’ in subsection (c) and

2 inserting in lieu thereof ‘‘$260’’;

3 (4) by striking out ‘‘$361’’ in subsection (d) and

4 inserting in lieu thereof ‘‘$371’’;

5 (5) by striking out ‘‘$515’’ in subsection (e) and

6 inserting in lieu thereof ‘‘$530’’;

7 (6) by striking out ‘‘$648’’ in subsection (f) and

8 inserting in lieu thereof ‘‘$667’’;

9 (7) by striking out ‘‘$819’’ in subsection (g) and

10 inserting in lieu thereof ‘‘$843’’;

11 (8) by striking out ‘‘$948’’ in subsection (h) and

12 inserting in lieu thereof ‘‘$976’’;

13 (9) by striking out ‘‘$1,067’’ in subsection (i)

14 and inserting in lieu thereof ‘‘$1,099’’;

15 (10) by striking out ‘‘$1,774’’ in subsection (j)

16 and inserting in lieu thereof ‘‘$1,827’’;

17 (11) by striking out ‘‘$2,207’’ and ‘‘$3,093’’ in

18 subsection (k) and inserting in lieu thereof ‘‘$2,273’’

19 and ‘‘$3,187’’, respectively;

20 (12) by striking out ‘‘$2,207’’ in subsection (l)

21 and inserting in lieu thereof ‘‘$2,273’’;

22 (13) by striking out ‘‘$2,432’’ in subsection (m)

23 and inserting in lieu thereof ‘‘$2,504’’;

24 (14) by striking out ‘‘$2,768’’ in subsection (n)

25 and inserting in lieu thereof ‘‘$2,851’’;
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1 (15) by striking out ‘‘$3,093’’ each place it ap2 pears in subsections (o) and (p) and inserting in lieu

3 thereof ‘‘$3,185’’;

4 (16) by striking out ‘‘$1,328’’ and ‘‘$1,978’’ in

5 subsection (r) and inserting in lieu thereof ‘‘$1,367’’

6 and ‘‘$2,037’’, respectively; and

7 (17) by striking out ‘‘$1,985’’ in subsection (s)

8 and inserting in lieu thereof ‘‘$2,044’’.

9 SEC. 102. ADDITIONAL COMPENSATION FOR DEPENDENTS.

10 Section 1115(1) is amended—

11 (1) by striking out ‘‘$105’’ in subparagraph (A)

12 and inserting in lieu thereof ‘‘$108’’;

13 (2) by striking out ‘‘$178’’ and ‘‘$55’’ in sub14 paragraph (B) and inserting in lieu thereof ‘‘$183’’

15 and ‘‘$56’’, respectively;

16 (3) by striking out ‘‘$72’’ and ‘‘$55’’ in subpara17 graph (C) and inserting in lieu thereof ‘‘$74’’ and

18 ‘‘$56’’, respectively;

19 (4) by striking out ‘‘$84’’ in subparagraph (D)

20 and inserting in lieu thereof ‘‘$86’’;

21 (5) by striking out ‘‘$195’’ in subparagraph (E)

22 and inserting in lieu thereof ‘‘$200’’; and

23 (6) by striking out ‘‘$164’’ in subparagraph (F)

24 and inserting in lieu thereof ‘‘$168’’.
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1 SEC. 103. CLOTHING ALLOWANCE FOR CERTAIN DISABLED

2 VETERANS.

3 Section 1162 is amended by striking out ‘‘$478’’ and

4 inserting in lieu thereof ‘‘$492’’.

5 SEC. 104. DEPENDENCY AND INDEMNITY COMPENSATION

6 FOR SURVIVING SPOUSES.

7 Section 1311 is amended—

8 (1) in subsection (a)(1), by striking out ‘‘$769’’

9 and inserting in lieu thereof ‘‘$792’’;

10 (2) in subsection (a)(2), by striking out ‘‘$169’’

11 and inserting in lieu thereof ‘‘$174’’;

12 (3) in subsection (a)(3), by striking out the table

13 therein and inserting in lieu thereof the following:

Monthly Monthly

‘‘Pay grade rate Pay grade rate

E–7 ........................ $817 O–3 ................................ $923

E–8 ........................ 863 O–4 ................................ 976

E–9 ........................ 1 901 O–5 ................................ 1,075

W–1 ....................... 836 O–6 ................................ 1,212

W–2 ....................... 869 O–7 ................................ 1,309

W–3 ....................... 895 O–8 ................................ 1,433

W–4 ....................... 947 O–9 ................................ 1,536

O–1 ........................ 836 O–10 .............................. 2 1,685

O–2 ........................ 863

‘‘1 If the veteran served as sergeant major of the Army, senior enlisted advisor of

the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps,

or master chief petty officer of the Coast Guard, at the applicable time designated by

section 402 of this title, the surviving spouse’s rate shall be $971.

‘‘2 If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of

Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air

Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at

the applicable time designated by section 402 of this title, the surviving spouse’s rate

shall be $1,805.’’;

14 (4) in subsection (c), by striking out ‘‘$195’’ and

15 inserting in lieu thereof ‘‘$200’’; and
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1 (5) in subsection (d), by striking out ‘‘$95’’ in

2 subsection (c) and inserting in lieu thereof ‘‘$97’’.

3 SEC. 105. DEPENDENCY AND INDEMNITY COMPENSATION

4 FOR CHILDREN.

5 (a) DIC FOR ORPHAN CHILDREN.—Section 1313(a) is

6 amended—

7 (1) by striking out ‘‘$327’’ in paragraph (1) and

8 inserting in lieu thereof ‘‘$336’’;

9 (2) by striking out ‘‘$471’’ in paragraph (2) and

10 inserting in lieu thereof ‘‘$485’’;

11 (3) by striking out ‘‘$610’’ in paragraph (3) and

12 inserting in lieu thereof ‘‘$628’’; and

13 (4) by striking out ‘‘$610’’ and ‘‘$120’’ in para14 graph (4) and inserting in lieu thereof ‘‘$628’’ and

15 ‘‘$123’’, respectively.

16 (b) SUPPLEMENTAL DIC FOR DISABLED ADULT CHIL17 DREN.—Section 1314 is amended—

18 (1) by striking out ‘‘$195’’ in subsection (a) and

19 inserting in lieu thereof ‘‘$200’’;

20 (2) by striking out ‘‘$327’’ in subsection (b) and

21 inserting in lieu thereof ‘‘$336’’; and

22 (3) by striking out ‘‘$166’’ in subsection (c) and

23 inserting in lieu thereof ‘‘$170’’.
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1 SEC. 106. EFFECTIVE DATE.

2 The amendments made by this title shall take effect

3 on December 1, 1994.

4 TITLE II—DISABILITIES RESULT5 ING FROM HERBICIDE EXPO6 SURE

7 SEC. 201. CODIFICATION OF PRESUMPTIONS ESTABLISHED

8 ADMINISTRATIVELY.

9 Section 1116(a)(2) is amended by adding at the end

10 the following new subparagraphs:

11 ‘‘(D) Hodgkin’s disease becoming manifest to a

12 degree of disability of 10 percent or more.

13 ‘‘(E) Porphyria cutanea tarda becoming mani14 fest to a degree of disability of 10 percent or more

15 within a year after the last date on which the veteran

16 performed active military, naval, or air service in the

17 Republic of Vietnam during the Vietnam era.

18 ‘‘(F) Respiratory cancers (cancer of the lung,

19 bronchus, larynx, or trachea) becoming manifest to a

20 degree of 10 percent or more within 30 years after the

21 last date on which the veteran performed active mili22 tary, naval, or air service in the Republic of Vietnam

23 during the Vietnam era.

24 ‘‘(G) Multiple myeloma becoming manifest to a

25 degree of disability of 10 percent or more.’’.
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1 TITLE III—BOARD OF VETERANS’

2 APPEALS ADMINISTRATION

3 SEC. 301. APPOINTMENT, PAY COMPARABILITY, AND PER4 FORMANCE REVIEWS FOR MEMBERS OF THE

5 BOARD OF VETERANS’ APPEALS.

6 (a) IN GENERAL.—(1) Chapter 71 is amended by in7 serting after section 7101 the following new section:

8 ‘‘§ 7101A. Members of Board: appointment; pay; per9 formance review

10 ‘‘(a) The members of the Board of Veterans’ Appeals

11 other than the Chairman (and including the Vice Chair12 man) shall be appointed by the Secretary, with the approval

13 of the President, based upon recommendations of the Chair14 man.

15 ‘‘(b) Members of the Board (other than the Chairman

16 and any member of the Board who is a member of the Sen17 ior Executive Service) shall, in accordance with regulations

18 prescribed by the Secretary, be paid basic pay at rates

19 equivalent to the rates payable under section 5372 of title

20 5.

21 ‘‘(c)(1) Not less than one year after the job performance

22 standards under subsection (f) are initially established, and

23 not less often than once every three years thereafter, the

24 Chairman shall determine, with respect to each member of

25 the Board (other than a member who is a member of the
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1 Senior Executive Service), whether that member’s job per2 formance as a member of the Board meets the performance

3 standards for a member of the Board established under sub4 section (f). Each such determination shall be in writing.

5 ‘‘(2) If the determination of the Chairman in any case

6 is that the member’s job performance as a member of the

7 Board meets the performance standards for a member of

8 the Board established under subsection (f), the member’s ap9 pointment as a member of the Board shall be recertified.

10 ‘‘(3) If the determination of the Chairman in any case

11 is that the member’s job performance does not meet the per12 formance standards for a member of the Board established

13 under subsection (f), the Chairman shall, based upon the

14 individual circumstances, either—

15 ‘‘(A) grant the member a conditional

16 recertification; or

17 ‘‘(B) recommend to the Secretary that the mem18 ber be noncertified.

19 ‘‘(4) In the case of a member of the Board who is

20 granted a conditional recertification under paragraph (3)

21 or (5)(C), the Chairman shall review the member’s job per22 formance record and make a further determination under

23 paragraph (1) concerning that member not later than one

24 year after the date of the conditional recertification. If the

25 determination of the Chairman at that time is that the
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1 member’s job performance as a member of the Board still

2 does not meet the performance standards for a member of

3 the Board established under subsection (f), the Chairman

4 shall recommend to the Secretary that the member be

5 noncertified.

6 ‘‘(5)(A) In a case in which the Chairman recommends

7 to the Secretary under paragraph (3) or (4) that a member

8 be noncertified, the Secretary shall establish a panel to re9 view that recommendation. The panel shall be established

10 from among employees of the Department other than mem11 bers of the Board or of the Board’s staff and may include

12 Federal employees from outside the Department with appro13 priate expertise.

14 ‘‘(B) The panel shall review the matter and recommend

15 to the Secretary whether the Board member should be

16 noncertified or should be granted a conditional

17 recertification.

18 ‘‘(C) The Secretary, after considering the recommenda19 tion of the panel, may either—

20 ‘‘(i) grant the member a conditional

21 recertification; or

22 ‘‘(ii) determine that the member should be

23 noncertified.

24 ‘‘(d)(1) If the Secretary, based upon the recommenda25 tion of the Chairman and after considering the rec-
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1 ommendation of the panel under subsection (c)(5), deter2 mines that a member of the Board should be noncertified,

3 that member’s appointment as a member of the Board shall

4 be terminated and that member shall be removed from the

5 Board.

6 ‘‘(2) An individual so removed from the Board shall

7 have the right to be employed by the Board in an attorney8 advisor position.

9 ‘‘(e)(1) A member of the Board (other than the Chair10 man or a member of the Senior Executive Service) may

11 be removed as a member of the Board by reason of job per12 formance only as provided in subsections (c) and (d). Such

13 a member may be removed by the Secretary, upon the rec14 ommendation of the Chairman, for any other reason as de15 termined by the Secretary.

16 ‘‘(2) In the case of a removal of a member under this

17 section for a reason other than job performance that would

18 be covered by section 7521 of title 5 in the case of an admin19 istrative law judge, the removal of the member of the Board

20 shall be carried out subject to the same requirements as

21 apply to removal of an administrative law judge under that

22 section. Section 554(a)(2) of title 5 shall not apply to a

23 removal action under this subsection. In such a removal ac24 tion, a member shall have the rights set out in section

25 7513(b) of that title.
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1 ‘‘(f) The Chairman, subject to the approval of the Sec2 retary, shall establish standards for the performance of the

3 job of a member of the Board (other than a member of the

4 Senior Executive Service). Those standards shall establish

5 objective and fair criteria for evaluation of the job perform6 ance of a member of the Board.

7 ‘‘(g) The Secretary shall prescribe procedures for the

8 administration of this section, including deadlines and time

9 schedules for different actions under this section.’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by inserting after the item relating to section

12 7101 the following new item:

‘‘7101A. Members of Board: appointment; pay; performance review.’’.

13 (b) SAVE PAY PROVISION.—The rate of basic pay pay14 able to an individual who is a member of the Board of Vet15 erans’ Appeals on the date of the enactment of this Act may

16 not be reduced by reason of the amendments made by this

17 section to a rate below the rate payable to such individual

18 on the day before such date.

19 (c) EFFECTIVE DATE.—Section 7101A(b) of title 38,

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

21 effect on the first day of the first pay period beginning after

22 December 31, 1994.

23 SEC. 302. CONFORMING AMENDMENTS.

24 Section 7101(b) is amended—

25 (1) by striking out paragraph (2);
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1 (2) by designating as paragraph (2) the text in

2 paragraph (1) beginning ‘‘The Chairman may be re3 moved’’; and

4 (3) by striking out ‘‘Members (including the

5 Chairman)’’ in paragraph (3) and inserting in lieu

6 thereof ‘‘The Chairman’’.

7 SEC. 303. DEADLINE FOR ESTABLISHMENT OF PERFORM8 ANCE EVALUATION CRITERIA FOR BOARD

9 MEMBERS.

10 (a) DEADLINE.—The job performance standards re11 quired to be established by section 7101A(d) of title 38,

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

13 established not later than 90 days after the date of the en14 actment of this Act.

15 (b) SUBMISSION TO CONGRESSIONAL COMMITTEE.—

16 Not later than the date on which the standards referred to

17 in subsection (a) take effect, the Secretary of Veterans Af18 fairs shall submit to the Committees on Veterans’ Affairs

19 of the Senate and House of Representatives a report con20 taining the Secretary’s proposal for the establishment of

21 those standards.
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1 TITLE IV—ADJUDICATION

2 IMPROVEMENTS

3 SEC. 401. SHORT TITLE.

4 This title may be cited as the ‘‘Veterans’ Adjudication

5 Improvements Act of 1994’’.

6 SEC. 402. REPORT ON FEASIBILITY OF REORGANIZATION OF

7 ADJUDICATION DIVISIONS IN VBA REGIONAL

8 OFFICES.

9 Not later than 180 days after the date of the enactment

10 of this Act, the Secretary of Veterans Affairs shall submit

11 to the Committees on Veterans’ Affairs of the Senate and

12 House of Representatives a report addressing the feasibility

13 and impact of a reorganization of the adjudication divi14 sions located within the regional offices of the Veterans Ben15 efits Administration to a number of such divisions that

16 would result in improved efficiency in the processing of

17 claims filed by veterans, their survivors, or other eligible

18 persons, for benefits administered by the Secretary.

19 SEC. 403. MASTER VETERAN RECORD.

20 (a) REQUIREMENT.—The Secretary of Veterans Affairs

21 shall implement a recordkeeping system whereby each vet22 eran and other person eligible for benefits under laws ad23 ministered by the Secretary shall be identified by a single

24 identification number and through which information re25 lating to that person, including that person’s current eligi-
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1 bility or entitlement status with respect to each benefit or

2 service administered by the Secretary, shall be available

3 through electronic means to employees of the Department

4 located in each regional office of the Veterans Benefits Ad5 ministration or medical center of the Veterans Health Ad6 ministration.

7 (b) DEADLINE FOR IMPLEMENTATION.—The record8 keeping system required by subsection (a) shall be imple9 mented not later than two years after the date of the enact10 ment of this Act

11 SEC. 404. REPORT ON PILOT PROGRAMS.

12 (a) IN GENERAL.—Not later than 180 days after the

13 date of the enactment of this Act, the Secretary of Veterans

14 Affairs shall submit to the Committees on Veterans’ Affairs

15 of the Senate and House of Representatives a report enu16 merating and describing each pilot program and major ini17 tiative being tested in the regional offices of the Veterans

18 Benefits Administration that affect the adjudication of

19 claims for benefits administered by the Secretary.

20 (b) CONTENTS.—The report shall include the Sec21 retary’s recommendations regarding the need, if any, for

22 legislation to implement any of such pilot programs the

23 Secretary may recommend. If the Secretary indicates that

24 legislation is not required to implement one or more of such

25 programs, the Secretary shall advise the Committees as to
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1 whether any such pilot program will be implemented and

2 provide a timetable for such implementation.

3 SEC. 405. ACCEPTANCE OF CERTAIN DOCUMENTATION FOR

4 CLAIMS PURPOSES.

5 (a) STATEMENTS OF CLAIMANT TO BE ACCEPTED AS

6 PROOF OF RELATIONSHIPS.—Chapter 51 is amended by

7 adding at the end the following new section:

8 ‘‘§ 5124. Acceptance of claimant’s statement as proof

9 of relationship

10 ‘‘(a) For purposes of benefits under laws administered

11 by the Secretary, the Secretary shall accept the written

12 statement of a claimant as proof of the existence of any

13 relationship specified in subsection (b) for the purpose of

14 acting on such individual’s claim for benefits.

15 ‘‘(b) Subsection (a) applies to proof of the existence of

16 any of the following relationships between a claimant and

17 another person:

18 ‘‘(1) Marriage.

19 ‘‘(2) Dissolution of a marriage.

20 ‘‘(3) Birth of a child.

21 ‘‘(4) Death of any family member.

22 ‘‘(c) The Secretary may require the submission of doc23 umentation in support of the claimant’s statement—

24 ‘‘(1) if the claimant does not reside within a

25 State; or
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1 ‘‘(2) if the statement on its face raises a question

2 as to its validity.’’.

3 (b) REPORTS OF EXAMINATIONS BY PRIVATE PHYSI4 CIANS.—Such chapter, as amended by subsection (a), is fur5 ther amended by adding at the end the following new sec6 tion:

7 ‘‘§ 5125. Acceptance of reports of private physician ex8 aminations

9 ‘‘For purposes of establishing a claim for benefits

10 under chapter 11 or 15 of this title, a report of a medical

11 examination administered by a private physician that is

12 provided by a claimant in support of a claim for benefits

13 under that chapter shall be accepted without a requirement

14 for confirmation by an examination by a physician em15 ployed by the Veterans Health Administration if the report

16 is sufficiently complete to be adequate for disability rating

17 purposes.’’.

18 (c) CLERICAL AMENDMENT.—The table of sections at

19 the beginning of such chapter is amended by adding at the

20 end the following new items:

‘‘5124. Acceptance of claimant’s statement as proof of relationship.

‘‘5125. Acceptance of reports of private physician examinations.’’.

21 SEC. 406. EXPEDITED TREATMENT OF REMANDED CLAIMS.

22 The Secretary shall take such actions as may be nec23 essary to provide for the expeditious treatment, by the

24 Board of Veterans’ Appeals and by the regional offices of
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1 the Veterans Benefits Administration, of any claim that has

2 been remanded by the Board of Veterans’ Appeals or by the

3 United States Court of Veterans Appeals for additional de4 velopment or other appropriate action.

5 SEC. 407. SCREENING OF APPEALS.

6 Section 7107 of title 38, United States Code, is amend7 ed—

8 (1) in subsection (a)(1), by striking out ‘‘Each

9 case’’ and inserting in lieu thereof ‘‘Except as pro10 vided in subsection (f), each case’’; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(f) Nothing in this section shall preclude the screening

14 of cases for purposes of—

15 ‘‘(1) determining the adequacy of the record for

16 decisional purposes; or

17 ‘‘(2) the development, or attempted development,

18 of a record found to be inadequate for decisional pur19 poses.’’.

20 SEC. 408. REVISION OF DECISIONS BASED ON CLEAR AND

21 UNMISTAKABLE ERROR.

22 (a) ORIGINAL DECISIONS.—(1) Chapter 51 is amended

23 by inserting after section 5109 the following new section:
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1 ‘‘§ 5109A. Revision of decisions on grounds of clear

2 and unmistakable error

3 ‘‘(a) A decision by the Secretary under this chapter

4 is subject to revision on the grounds of clear and unmistak5 able error. If evidence establishes the error, the prior deci6 sion shall be reversed or revised.

7 ‘‘(b) For the purposes of authorizing benefits, a rating

8 or other adjudicative decision that constitutes a reversal or

9 revision of a prior decision on the grounds of clear and

10 unmistakable error has the same effect as if the decision

11 had been made on the date of the prior decision.

12 ‘‘(c) Review to determine whether clear and unmistak13 able error exists in a case may be instituted by the Sec14 retary on the Secretary’s own motion or upon request of

15 the claimant.

16 ‘‘(d) A request for revision of a decision of the Sec17 retary based on clear and unmistakable error may be made

18 at any time after that decision is made.

19 ‘‘(e) Such a request shall be submitted to the Secretary

20 and shall be decided in the same manner as any other

21 claim.’’.

22 (2) The table of sections at the beginning of such chap23 ter is amended by inserting after the item relating to section

24 5109 the following new item:

‘‘5109A. Revision of decisions on grounds of clear and unmistakable error.’’.
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1 (b) BVA DECISIONS.—(1) Chapter 71 is amended by

2 adding at the end the following new section:

3 ‘‘§ 7111. Revision of decisions on grounds of clear and

4 unmistakable error

5 ‘‘(a) A decision by the Board is subject to revision on

6 the grounds of clear and unmistakable error. If evidence es7 tablishes the error, the prior decision shall be reversed or

8 revised.

9 ‘‘(b) For the purposes of authorizing benefits, a rating

10 or other adjudicative decision of the Board that constitutes

11 a reversal or revision of a prior decision of the Board on

12 the grounds of clear and unmistakable error has the same

13 effect as if the decision had been made on the date of the

14 prior decision.

15 ‘‘(c) Review to determine whether clear and unmistak16 able error exists in a case may be instituted by the Board

17 on the Board’s own motion or upon request of the claimant.

18 ‘‘(d) A request for revision of a decision of the Board

19 based on clear and unmistakable error may be made at any

20 time after that decision is made.

21 ‘‘(e) Such a request shall be submitted directly to the

22 Board and shall be decided by the Board on the merits,

23 without referral to any adjudicative or hearing official act24 ing on behalf of the Secretary.
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1 ‘‘(f) A claim filed with the Secretary that requests re2 versal or revision of a previous Board decision due to clear

3 and unmistakable error shall be considered to be a request

4 to the Board under this section, and the Secretary shall

5 promptly transmit any such request to the Board for its

6 consideration under this section.’’.

7 (2) The table of sections at the beginning of such chap8 ter is amended by adding at the end the following new item:

‘‘7111. Revision of decisions on grounds of clear and unmistakable error.’’.

9 (c) EFFECTIVE DATE.—(1) Sections 5109A and 7111

10 of title 38, United States Code, as added by this section,

11 apply to any determination made before, on, or after the

12 date of the enactment of this Act.

13 (2) Notwithstanding section 402 of the Veterans Judi14 cial Review Act (38 U.S.C. 7251 note), chapter 72 of title

15 38, United States Code, shall apply with respect to any de16 cision of the Board of Veterans’ Appeals on a claim alleging

17 that a previous determination of the Board was the product

18 of clear and unmistakable error if that claim is filed after,

19 or was pending before the Department of Veterans Affairs,

20 the Court of Veterans Appeals, the Court of Appeals for the

21 Federal Circuit, or the Supreme Court on, the date of the

22 enactment of this Act.
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1 TITLE V—MISCELLANEOUS

2 SEC. 501. RESTATEMENT OF INTENT OF CONGRESS CON3 CERNING COVERAGE OF RADIATION-EX4 POSED VETERANS COMPENSATION ACT OF

5 1988.

6 (a) RESTATEMENT OF ABSENCE OF STATUTORY LIMI7 TATION TO UNITED STATES TESTS.—(1) Clause (i) of sec8 tion 1112(c)(3)(B) is amended by inserting ‘‘(without re9 gard to whether the nation conducting the test was the Unit10 ed States or another nation)’’ after ‘‘nuclear device’’.

11 (2) The amendment made by paragraph (1) shall take

12 effect as of May 1, 1988.

13 (b) PROOF OF SERVICE CONNECTION OF DISABILITIES

14 RELATING TO EXPOSURE TO IONIZING RADIATION.—(1)

15 Section 1113(b) is amended—

16 (A) by striking out ‘‘title or’’ and inserting in

17 lieu thereof ‘‘title,’’; and

18 (B) by inserting ‘‘, or section 5 of Public Law

19 98–542 (38 U.S.C. 1154 note)’’ after ‘‘of this section’’.

20 (2) The amendments made by paragraph (1) shall

21 apply with respect to applications for veterans benefits that

22 are submitted to the Secretary of Veterans Affairs after the

23 date of the enactment of this Act.
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1 SEC. 502. EXTENSION OF AUTHORITY TO MAINTAIN RE2 GIONAL OFFICE IN THE PHILIPPINES.

3 Section 315(b) is amended by striking out ‘‘December

4 31, 1994’’ and inserting in lieu thereof ‘‘December 31,

5 1999’’.

6 SEC. 503. RENOUNCEMENT OF BENEFIT RIGHTS.

7 Section 5306 is amended by adding at the end the fol8 lowing new subsection:

9 ‘‘(c) Notwithstanding subsection (b), if a new applica10 tion for pension under chapter 15 of this title or for depend11 ency and indemnity compensation for parents under section

12 1315 of this title is filed within one year after renouncement

13 of that benefit, such application shall not be treated as an

14 original application and benefits will be payable as if the

15 renouncement had not occurred.’’.

16 SEC. 504. EFFECTIVE DATE OF DISCONTINUANCE OF COM17 PENSATION UPON DEATH OF CERTAIN VET18 ERANS.

19 (a) IN GENERAL.—Section 5112 is amended by adding

20 the following new subsection:

21 ‘‘(d) In the case of a veteran who, at time of death,

22 was in receipt of compensation for a disability rated as

23 totally disabling with an additional amount being paid for

24 a spouse, if the Secretary determines that the surviving

25 spouse of such veteran is not eligible for dependency and

26 indemnity compensation, the effective date of the dis-
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1 continuance of such compensation shall be the last day of

2 the month in which such death occurred.’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall apply with respect to deaths occurring after

5 September 30, 1994.

Amend the title so as to read: ‘‘A bill to amend title

38, United States Code, to provide a cost-of-living adjustment in the rates of disability compensation for veterans

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

such veterans, to revise and improve veterans’ benefits

programs, and for other purposes.’’.