II 

113TH CONGRESS 

1ST SESSION S. 928 

To amend title 38, United States Code, to improve the processing of claims 

for compensation under laws administered by the Secretary of Veterans 

Affairs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2013 

Mr. SANDERS introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

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

processing of claims for compensation under laws administered by the Secretary of Veterans Affairs, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Claims Processing Improvement Act of 2013’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AGENCY OF ORIGINAL JURISDICTION 


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Sec. 101. Establishment of working group to improve employee work credit and 

work management systems of Veterans Benefits Administration. 

Sec. 102. Establishment of task force on retention and training of Department 

of Veterans Affairs claims processors and adjudicators. 

Sec. 103. Streamlining non-Department of Veterans Affairs Federal records requests. 

Sec. 104. Recognition of representatives of Indian tribes in the preparation, 

presentation, and prosecution of claims under laws administered by the Secretary of Veterans Affairs. 

Sec. 105. Pilot program on participation of local and tribal governments in improving quality of claims for disability compensation submitted 

to Department of Veterans Affairs. 

Sec. 106. Quarterly reports on progress of Department of Veterans Affairs in 

eliminating backlog of claims for compensation that have not 

been adjudicated. 

TITLE II—BOARD OF VETERANS’ APPEALS AND COURT OF 

APPEALS FOR VETERANS CLAIMS 

Sec. 201. Modification of filing period for notice of disagreement to initiate appellate review of decisions of Department of Veterans Affairs. 

Sec. 202. Determination of manner of appearance for hearings before Board of 

Veterans’ Appeals. 

Sec. 203. Disclosure of certain medical records in appellate proceedings in certain courts. 

TITLE III—OTHER MATTERS 

Sec. 301. Extension of authority for operations of Manila Department of Veterans Affairs Regional Office. 

Sec. 302. Extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorder. 

Sec. 303. Extension of marriage delimiting date for surviving spouses of Persian Gulf War veterans to qualify for death pension. 

Sec. 304. Making effective date provision consistent with provision for benefits 

eligibility of a veteran’s child based upon termination of remarriage by annulment. 

Sec. 305. Extension of temporary authority for performance of medical disabilities examinations by contract physicians. 


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1 TITLE I—AGENCY OF ORIGINAL 

2 JURISDICTION 

3 SEC. 101. ESTABLISHMENT OF WORKING GROUP TO IM4 PROVE EMPLOYEE WORK CREDIT AND WORK 

5 MANAGEMENT SYSTEMS OF VETERANS BENE6 FITS ADMINISTRATION. 

7 (a) IN GENERAL.—Not later than 90 days after the 

8 date of the enactment of this Act, the Secretary of Vet9 erans Affairs shall establish a working group to assess and 

10 develop recommendations for the improvement of the em11 ployee work credit and work management systems of the 

12 Veterans Benefits Administration. 

13 (b) COMPOSITION.—The working group shall be com14 posed of the following: 

15 (1) The Secretary or the Secretary’s designee. 

16 (2) Individuals selected by the Secretary from 

17 among employees of the Department of Veterans Af18 fairs who— 

19 (A) handle claims for compensation and 

20 pension benefits; and 

21 (B) are recommended to the Secretary by 

22 a labor organization for purposes of this sec23 tion. 

24 (3) Not fewer than three individuals selected by 

25 the Secretary to represent different organizations 


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1 recognized by the Secretary for the representation of 

2 veterans under section 5902 of title 38, United 

3 States Code. 

4 (c) DUTIES.—The duties of the working group are 

5 as follows: 

6 (1) To assess and develop recommendations for 

7 the improvement of the employee work credit and 

8 work management systems of the Veterans Benefits 

9 Administration. 

10 (2) To develop a data based methodology to be 

11 used in revising the employee work credit system of 

12 the Department and a schedule by which revisions to 

13 such system should be made. 

14 (3) To assess and develop recommendations for 

15 improvement of the resource allocation model of the 

16 Veterans Benefits Administration. 

17 (d) REVIEW AND INCORPORATION OF FINDINGS

18 FROM PRIOR STUDY.—In carrying out its duties under 

19 subsection (c), the working group shall review the findings 

20 and conclusions of the Secretary regarding previous stud21 ies of the employee work credit and work management sys22 tems of the Veterans Benefits Administration. 

23 (e) REPORTS.— 

24 (1) INTERIM REPORT.—Not later than 180 

25 days after the date of the establishment of the workVerDate Mar 15 2010 04:33 May 14, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S928.IS S928

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1 ing group, the working group shall submit to Con2 gress a report on the progress of the working group. 

3 (2) FINAL REPORT.—Not later than one year 

4 after the date of the establishment of the working 

5 group, the working group shall submit to Congress 

6 the methodology and schedule developed under sub7 section (c)(2). 

8 (f) IMPLEMENTATION OF METHODOLOGY AND

9 SCHEDULE.—After submitting the report under sub10 section (e), the Secretary shall take such actions as may 

11 be necessary to apply the methodology developed under 

12 subsection (c)(2) and apply such methodology according 

13 to the schedule developed under such subsection. 

14 SEC. 102. ESTABLISHMENT OF TASK FORCE ON RETENTION 

15 AND TRAINING OF DEPARTMENT OF VET16 ERANS AFFAIRS CLAIMS PROCESSORS AND 

17 ADJUDICATORS. 

18 (a) ESTABLISHMENT.—The Secretary of Veterans 

19 Affairs shall establish a task force to assess retention and 

20 training of claims processors and adjudicators that are 

21 employed by the Department of Veterans Affairs and 

22 other Federal agencies and departments. 

23 (b) COMPOSITION.—The task force shall be composed 

24 of the following: 

25 (1) The Secretary of Veterans Affairs. 


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1 (2) The Director of the Office of Personnel 

2 Management. 

3 (3) The Commissioner of Social Security. 

4 (4) An individual selected by the Secretary of 

5 Veterans Affairs who represents an organization rec6 ognized by the Secretary for the representation of 

7 veterans under section 5902 of title 38, United 

8 States Code. 

9 (5) Such other individuals selected by the Sec10 retary who represent such other organizations and 

11 institutions as the Secretary considers appropriate. 

12 (c) DURATION.—The task force established under 

13 subsection (a) shall terminate not later than two years 

14 after the date on which the task force is establish under 

15 such subsection. 

16 (d) DUTIES.—The duties of the task force are as fol17 lows: 

18 (1) To identify key skills required by claims 

19 processors and adjudicators to perform the duties of 

20 claims processors and adjudicators in the various 

21 claims processing and adjudication positions 

22 throughout the Federal Government. 

23 (2) To identify reasons for employee attrition 

24 from claims processing positions. 


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1 (3) Not later than one year after the date of 

2 the establishment of the task force, to develop a 

3 Government-wide strategic and operational plan for 

4 promoting employment of veterans in claims proc5 essing positions in the Federal Government. 

6 (4) To coordinate with educational institutions 

7 to develop training and programs of education for 

8 members of the Armed Forces to prepare such mem9 bers for employment in claims processing and adju10 dication positions in the Federal Government. 

11 (5) To identify and coordinate offices of the De12 partment of Defense and the Department of Vet13 erans Affairs located throughout the United States 

14 to provide information about, and promotion of, 

15 available claims processing positions to members of 

16 the Armed Forces transitioning to civilian life and to 

17 veterans with disabilities. 

18 (6) To establish performance measures to as19 sess the plan developed under paragraph (3), to as20 sess the implementation of such plan, and revise 

21 such plan as the task force considers appropriate. 

22 (7) To establish performance measures to 

23 evaluate the effectiveness of the task force. 

24 (e) REPORTS.— 


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1 (1) SUBMITTAL OF PLAN.—Not later than one 

2 year after the date of the establishment of the task 

3 force, the Secretary of Veterans Affairs shall submit 

4 to Congress a report on the plan developed by the 

5 task force under subsection (d)(3). 

6 (2) ASSESSMENT OF IMPLEMENTATION.—Not 

7 later than 120 days after the termination of the task 

8 force, the Secretary shall submit to Congress a re9 port that assesses the implementation of the plan 

10 developed by the task force under subsection (d)(3). 

11 SEC. 103. STREAMLINING NON-DEPARTMENT OF VETERANS 

12 AFFAIRS FEDERAL RECORDS REQUESTS. 

13 (a) IN GENERAL.—Paragraph (2) of section 

14 5103A(c) of title 38, United States Code, is amended to 

15 read as follows: 

16 ‘‘(2)(A) Whenever the Secretary attempts to obtain 

17 records from a Federal department or agency, other than 

18 the Department, under this subsection, the Secretary shall 

19 make not fewer than two attempts to obtain the records, 

20 unless the records are obtained or the response to the first 

21 request makes evident that a second request for such 

22 records would be futile. 

23 ‘‘(B) The notification requirements under subsection 

24 (b)(2) of this section shall apply if the Secretary is unable 


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1 to obtain all of the records sought from a Federal depart2 ment or agency other than the Department.’’. 

3 (b) SUBSEQUENT ATTAINMENT OF RECORDS.—Such 

4 section is further amended by adding at the end the fol5 lowing new paragraph: 

6 ‘‘(3) If, after adjudicating a claim for a benefit under 

7 a law administered by the Secretary, the Secretary re8 ceives a record relevant to such claim (or associates with 

9 the file for such claim a record) that the Secretary re10 quested from a Federal department or agency before the 

11 adjudication, the record received (or associated) shall be 

12 deemed to have been in the file for such claim as of the 

13 date of the original filing of the claim for such benefit.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date that is 180 days 

16 after the date of the enactment of this Act and shall apply 

17 with respect to any claim that— 

18 (1) is filed on or after the date that is 180 days 

19 after the date of the enactment of this Act; or 

20 (2) was filed before the date of the enactment 

21 of this Act and was not final as of such date. 


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1 SEC. 104. RECOGNITION OF REPRESENTATIVES OF INDIAN 

2 TRIBES IN THE PREPARATION, PRESEN3 TATION, AND PROSECUTION OF CLAIMS 

4 UNDER LAWS ADMINISTERED BY THE SEC5 RETARY OF VETERANS AFFAIRS. 

6 Section 5902(a)(1) of title 38, United States Code, 

7 is amended by inserting ‘‘Indian tribes (as defined in sec8 tion 4 of the Indian Self-Determination and Education As9 sistance Act (25 U.S.C. 450b))’’ after ‘‘Foreign Wars,’’. 

10 SEC. 105. PILOT PROGRAM ON PARTICIPATION OF LOCAL 

11 AND TRIBAL GOVERNMENTS IN IMPROVING 

12 QUALITY OF CLAIMS FOR DISABILITY COM13 PENSATION SUBMITTED TO DEPARTMENT OF 

14 VETERANS AFFAIRS. 

15 (a) PILOT PROGRAM REQUIRED.—The Secretary of 

16 Veterans Affairs shall carry out a pilot program to assess 

17 the feasibility and advisability of entering into memoran18 dums of understanding with local governments and tribal 

19 organizations— 

20 (1) to improve the quality of claims submitted 

21 to the Secretary for compensation under chapter 11 

22 and pension under chapter 15 of title 38, United 

23 States Code; and 

24 (2) to provide assistance to veterans who may 

25 be eligible for such compensation or pension in sub26 mitting such claims. 


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1 (b) MINIMUM NUMBER OF PARTICIPATING TRIBAL

2 ORGANIZATIONS.—In carrying out the pilot program re3 quired by subsection (a), the Secretary shall enter into 

4 memorandums of understanding with at least— 

5 (1) two tribal organizations; and 

6 (2) 10 State or local governments. 

7 (c) TRIBAL ORGANIZATION DEFINED.—In this sec8 tion, the term ‘‘tribal organization’’ has the meaning given 

9 that term in section 3765 of title 38, United States Code. 

10 SEC. 106. QUARTERLY REPORTS ON PROGRESS OF DEPART11 MENT OF VETERANS AFFAIRS IN ELIMI12 NATING BACKLOG OF CLAIMS FOR COM13 PENSATION THAT HAVE NOT BEEN ADJU14 DICATED. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of the enactment of this Act and not less frequently 

17 than quarterly thereafter through calendar year 2015, the 

18 Secretary of Veterans Affairs shall submit to the Com19 mittee on Veterans’ Affairs of the Senate and the Com20 mittee on Veterans’ Affairs of the House of Representa21 tives a report on the backlog of claims filed with the De22 partment of Veterans Affairs for compensation that have 

23 not been adjudicated by the Department. 

24 (b) CONTENTS.—Each report submitted under sub25 section (a) shall include the following: 


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1 (1) For each month through calendar year 

2 2015, a projection of the following: 

3 (A) The number of claims completed. 

4 (B) The number of claims received. 

5 (C) The number of claims backlogged at 

6 the end of the month. 

7 (D) The number of claims pending at the 

8 end of the month. 

9 (E) A description of the status of the im10 plementation of initiatives carried out by the 

11 Secretary to address the backlog. 

12 (2) For each quarter through calendar year 

13 2015, a projection of the average accuracy of dis14 ability determinations for compensation claims that 

15 require a disability rating (or disability decision). 

16 (3) For each month during the most recently 

17 completed quarter, the following: 

18 (A) The number of claims completed. 

19 (B) The number of claims received. 

20 (C) The number of claims backlogged at 

21 the end of the month. 

22 (D) The number of claims pending at the 

23 end of the month. 


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1 (E) A description of the status of the im2 plementation of initiatives carried out by the 

3 Secretary to address the backlog. 

4 (4) For the most recently completed quarter, an 

5 assessment of the accuracy of disability determina6 tions for compensation claims that require a dis7 ability rating (or disability decision). 

8 (c) AVAILABILITY TO PUBLIC.—The Secretary shall 

9 make each report submitted under subsection (a) available 

10 to the public. 

11 (d) DEFINITIONS.—In this section: 

12 (1) BACKLOGGED.—The term ‘‘backlogged’’, 

13 with respect to a claim for compensation received by 

14 the Secretary, means a claim that has been pending 

15 for more than 125 days. 

16 (2) PENDING.—The term ‘‘pending’’, with re17 spect to a claim for compensation received by the 

18 Secretary, means a claim that has not been adju19 dicated by the Secretary. 


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1 TITLE II—BOARD OF VETERANS’ 

2 APPEALS AND COURT OF AP3 PEALS FOR VETERANS 

4 CLAIMS 

5 SEC. 201. MODIFICATION OF FILING PERIOD FOR NOTICE 

6 OF DISAGREEMENT TO INITIATE APPELLATE 

7 REVIEW OF DECISIONS OF DEPARTMENT OF 

8 VETERANS AFFAIRS. 

9 (a) FILING OF NOTICE OF DISAGREEMENT BY

10 CLAIMANTS.— 

11 (1) IN GENERAL.—Paragraph (1) of section 

12 7105(b) of title 38, United States Code, is amend13 ed— 

14 (A) by striking ‘‘one year’’ and inserting 

15 ‘‘180 days’’ in the first sentence; and 

16 (B) by striking ‘‘one-year’’ and inserting 

17 ‘‘180-day’’ in the third sentence. 

18 (2) ELECTRONIC FILING.—Such paragraph is 

19 further amended by inserting ‘‘or transmitted by 

20 electronic means’’ after ‘‘postmarked’’. 

21 (3) GOOD CAUSE EXCEPTION FOR UNTIMELY

22 FILING OF NOTICES OF DISAGREEMENT.—Such sec23 tion 7105(b) is amended by adding at the end the 

24 following new paragraph: 


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1 ‘‘(3)(A) A notice of disagreement not filed within the 

2 time prescribed by paragraph (1) shall be treated by the 

3 Secretary as timely filed if— 

4 ‘‘(i) the Secretary determines that the claimant, 

5 legal guardian, or other accredited representative, 

6 attorney, or authorized agent filing the notice had 

7 good cause for the lack of filing within such time; 

8 and 

9 ‘‘(ii) the notice of disagreement is filed not later 

10 than 186 days after the period prescribed by para11 graph (1). 

12 ‘‘(B) For purposes of this paragraph, good cause 

13 shall include the following: 

14 ‘‘(i) Circumstances relating to any physical, 

15 mental, educational, or linguistic limitation of the 

16 claimant, legal guardian, representative, attorney, or 

17 authorized agent concerned (including lack of facility 

18 with the English language). 

19 ‘‘(ii) Circumstances relating to significant delay 

20 in the delivery of the initial decision or of the notice 

21 of disagreement because of natural disaster or fac22 tors relating to geographic location. 

23 ‘‘(iii) A change in financial circumstances, in24 cluding the payment of medical expenses or other 

25 changes in income or net worth that are considered 


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1 in determining eligibility for benefits and services on 

2 an annualized basis for purposes of needs-based ben3 efits under chapters 13, 15, and 17 of this title.’’. 

4 (b) APPLICATION BY DEPARTMENT FOR REVIEW ON

5 APPEAL.—Section 7106 of such title is amended in the 

6 first sentence by striking ‘‘one-year period described in 

7 section 7105’’ and inserting ‘‘period described in section 

8 7105(b)(1)’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply with respect to claims for com11 pensation and benefits under laws administered by the 

12 Secretary of Veterans Affairs filed with the Secretary after 

13 the date of the enactment of this Act. 

14 SEC. 202. DETERMINATION OF MANNER OF APPEARANCE 

15 FOR HEARINGS BEFORE BOARD OF VET16 ERANS’ APPEALS. 

17 (a) IN GENERAL.—Section 7107 of title 38, United 

18 States Code, is amended— 

19 (1) by redesignating subsection (f) as sub20 section (g); 

21 (2) in subsection (a)(1), by striking ‘‘in sub22 section (f)’’ and inserting ‘‘in subsection (g)’’; and 

23 (3) by striking subsections (d) and (e) and in24 serting the following new subsections: 


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1 ‘‘(d)(1) Except as provided in paragraph (2), a hear2 ing before the Board shall be conducted through picture 

3 and voice transmission, by electronic or other means, in 

4 such a manner that the appellant is not present in the 

5 same location as the members of the Board during the 

6 hearing. 

7 ‘‘(2)(A) A hearing before the Board shall be con8 ducted in person upon the request of an appellant. 

9 ‘‘(B) In the absence of a request under subparagraph 

10 (A), a hearing before the Board may also be conducted 

11 in person as the Board considers appropriate. 

12 ‘‘(e)(1) In a case in which a hearing before the Board 

13 is to be held as described in subsection (d)(1), the Sec14 retary shall provide suitable facilities and equipment to the 

15 Board or other components of the Department to enable 

16 an appellant located at an appropriate facility within the 

17 area served by a regional office to participate as so de18 scribed. 

19 ‘‘(2) Any hearing conducted as described in sub20 section (d)(1) shall be conducted in the same manner as, 

21 and shall be considered the equivalent of, a personal hear22 ing. 

23 ‘‘(f)(1) In a case in which a hearing before the Board 

24 is to be held as described in subsection (d)(2), the appel25 lant may request that the hearing be held at the principal 


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1 location of the Board or at a facility of the Department 

2 located within the area served by a regional office of the 

3 Department. 

4 ‘‘(2) A hearing to be held within an area served by 

5 a regional office of the Department shall (except as pro6 vided in paragraph (3)) be scheduled to be held in accord7 ance with the place of the case on the docket under sub8 section (a) relative to other cases on the docket for which 

9 hearings are scheduled to be held within that area. 

10 ‘‘(3) A hearing to be held within an area served by 

11 a regional office of the Department may, for cause shown, 

12 be advanced on motion for an earlier hearing. Any such 

13 motion shall set forth succinctly the grounds upon which 

14 the motion is based. Such a motion may be granted only— 

15 ‘‘(A) if the case involves interpretation of law of 

16 general application affecting other claims; 

17 ‘‘(B) if the appellant is seriously ill or is under 

18 severe financial hardship; or 

19 ‘‘(C) for other sufficient cause shown.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 subsection (a) shall apply with respect to cases received 

22 by the Board of Veterans’ Appeals pursuant to notices of 

23 disagreement submitted on or after the date of the enact24 ment of this Act. 


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1 SEC. 203. DISCLOSURE OF CERTAIN MEDICAL RECORDS IN 

2 APPELLATE PROCEEDINGS IN CERTAIN 

3 COURTS. 

4 Section 7332(b)(2) of title 38, United States Code, 

5 is amended— 

6 (1) by redesignating subparagraphs (E) 

7 through (G) as subparagraphs (F) through (H), re8 spectively; and 

9 (2) by inserting after subparagraph (D) the fol10 lowing new subparagraph (E): 

11 ‘‘(E) To the Supreme Court of the United 

12 States, the United States Court of Appeals for the 

13 Federal Circuit, or the United States Court of Ap14 peals for Veterans Claims, and all parties of record, 

15 in a case that is appealed to such court and such 

16 records are included in the record on appeal. Upon 

17 disclosure of such records, the court concerned shall 

18 impose appropriate safeguards against unauthorized 

19 disclosure that are consistent with the provisions of 

20 section 7268 of this title.’’. 


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1 TITLE III—OTHER MATTERS 

2 SEC. 301. EXTENSION OF AUTHORITY FOR OPERATIONS OF 

3 MANILA DEPARTMENT OF VETERANS AF4 FAIRS REGIONAL OFFICE. 

5 Section 315(b) of title 38, United States Code, is 

6 amended by striking ‘‘December 31, 2013’’ and inserting 

7 ‘‘December 31, 2014’’. 

8 SEC. 302. EXTENDED PERIOD FOR SCHEDULING OF MED9 ICAL EXAMS FOR VETERANS RECEIVING TEM10 PORARY DISABILITY RATINGS FOR SEVERE 

11 MENTAL DISORDER. 

12 Section 1156(a)(3) of title 38, United States Code, 

13 is amended by striking ‘‘six months’’ and inserting ‘‘540 

14 days’’. 

15 SEC. 303. EXTENSION OF MARRIAGE DELIMITING DATE FOR 

16 SURVIVING SPOUSES OF PERSIAN GULF WAR 

17 VETERANS TO QUALIFY FOR DEATH PEN18 SION. 

19 Section 1541(f)(1)(E) of title 38, United States 

20 Code, is amended by striking ‘‘January 1, 2011’’ and in21 serting ‘‘the date that is 10 years and one day after the 

22 date on which the Persian Gulf War was terminated, as 

23 prescribed by Presidential proclamation or by law’’. 


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1 SEC. 304. MAKING EFFECTIVE DATE PROVISION CON2 SISTENT WITH PROVISION FOR BENEFITS 

3 ELIGIBILITY OF A VETERAN’S CHILD BASED 

4 UPON TERMINATION OF REMARRIAGE BY AN5 NULMENT. 

6 Section 5110(l) of title 38, United States Code, is 

7 amended by striking ‘‘, or of an award or increase of bene8 fits based on recognition of a child upon termination of 

9 the child’s marriage by death or divorce,’’. 

10 SEC. 305. EXTENSION OF TEMPORARY AUTHORITY FOR 

11 PERFORMANCE OF MEDICAL DISABILITIES 

12 EXAMINATIONS BY CONTRACT PHYSICIANS. 

13 (a) IN GENERAL.—Section 704(c) of the Veterans 

14 Benefits Act of 2003 (Public Law 108–183; 38 U.S.C. 

15 5101 note) is amended by striking ‘‘December 31, 2013’’ 

16 and inserting ‘‘December 31, 2014’’. 

17 (b) REPORT ON DISABILITY MEDICAL EXAMINA18 TIONS FURNISHED BY DEPARTMENT OF VETERANS AF19 FAIRS.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this Act, the Sec22 retary of Veterans Affairs shall submit to the Com23 mittee on Veterans’ Affairs of the Senate and the 

24 Committee on Veterans’ Affairs of the House of 

25 Representatives a report on the furnishing of general 

26 medical and specialty medical examinations by the 


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1 Department of Veterans Affairs for purposes of ad2 judicating claims for benefits under laws adminis3 tered by the Secretary. 

4 (2) CONTENTS.—The report submitted under 

5 paragraph (1) shall include the following: 

6 (A) The number of general medical exami7 nations furnished by the Department during the 

8 period of fiscal years 2009 through 2012 for 

9 purposes of adjudicating claims for benefits 

10 under laws administered by the Secretary. 

11 (B) The number of general medical exami12 nations furnished by the Department during the 

13 period of fiscal years 2009 through 2012 for 

14 purposes of adjudicating a claim in which a 

15 comprehensive joint examination was conducted, 

16 but for which no disability relating to a joint, 

17 bone, or muscle had been asserted as an issue 

18 in the claim. 

19 (C) The number of specialty medical ex20 aminations furnished by the Department during 

21 the period of fiscal years 2009 through 2012 

22 for purposes of adjudicating a claim. 

23 (D) The number of specialty medical ex24 aminations furnished by the Department during 

25 the period of fiscal years 2009 through 2012 


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1 for purposes of adjudicating a claim in which 

2 one or more joint examinations were conducted. 

3 (E) A summary (including citations of) 

4 any medical and scientific studies which provide 

5 a scientific basis for determining that three rep6 etitions is adequate to determine the effect of 

7 repetitive use on functional impairments. 

8 (F) The names of all examination reports, 

9 including general medical examinations and 

10 Disability Benefits Questionnaires, used for 

11 evaluation of compensation and pension dis12 ability claims which require measurement of re13 peated ranges of motion testing and the number 

14 of examinations requiring such measurements 

15 which were conducted in fiscal year 2012. 

16 (G) The average amount of time taken by 

17 an individual conducting a medical examination 

18 to perform the three repetitions. 

19 (H) A discussion of whether there are 

20 more efficient and effective scientifically reliable 

21 methods of testing for functional loss on repet22 itive use of an extremity other than the three 

23 time repetition currently used by the Depart24 ment. 


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1 (I) Recommendations as to the continu2 ation of the practice of measuring functional 

3 impairment by using three repetitions during 

4 the examination as a criteria for evaluating the 

5 effect of repetitive motion on functional impair6 ment with supporting rationale. 

7 (c) REPORT ON PROGRESS OF ACCEPTABLE CLIN8 ICAL EVIDENCE INITIATIVE.— 

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of the enactment of this Act, the Sec11 retary shall submit to the Committee on Veterans’ 

12 Affairs of the Senate and the Committee on Vet13 erans’ Affairs of the House of Representatives a re14 port on the progress of the Acceptable Clinical Evi15 dence initiative of the Department of Veterans Af16 fairs in reducing the necessity for in-person dis17 ability examinations and other efforts to comply with 

18 the provisions of section 5125 of title 38, United 

19 States Code. 

20 (2) CONTENTS.—The report required by para21 graph (1) shall include the following: 

22 (A) The number of claims eligible for the 

23 Acceptable Clinical Evidence initiative during 

24 the period beginning on the date of the initi25 ation of the initiative and ending on the date of 


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1 the enactment of this Act, disaggregated by fis2 cal year. 

3 (B) The total number of claims eligible for 

4 the Acceptable Clinical Evidence initiative that 

5 required a medical examiner of the Department 

6 to supplement the evidence with information ob7 tained during a telephone interview with a 

8 claimant. 

9 (C) Information on any other initiatives or 

10 efforts of the Department to further encourage 

11 the use of private medical evidence and reliance 

12 upon reports of a medical examination adminis13 tered by a private physician if the report is suf14 ficiently complete to be adequate for the pur15 poses of adjudicating a claim. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS