I 

112TH CONGRESS 

1ST SESSION H. R. 2053 

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

certain claims for disability compensation by veterans. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mr. WALZ of Minnesota (for himself and Mr. KING of New York) introduced 

the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

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

efficiency of processing certain claims for disability compensation by 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. 

4 This Act may be cited as the ‘‘Veterans’ Disability 

5 Claims Efficiency Act of 2011’’. 

6 SEC. 2. IMPROVEMENT OF DISABILITY CLAIMS PROC7 ESSING. 

8 (a) ESTABLISHMENT OF FAST TRACK INTERIM DIS9 ABILITY RATINGS.—Section 1157 of title 38, United 

10 States Code, is amended— 


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1 (1) by striking ‘‘The Secretary’’ and inserting 

2 ‘‘(a) The Secretary’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(b)(1) In the case of a veteran who submits to the 

6 Secretary a claim for compensation under this chapter for 

7 more than one condition and the Secretary determines 

8 that a disability rating can be assigned without further 

9 development for one or more conditions but not all condi10 tions in the claim, the Secretary shall— 

11 ‘‘(A) expeditiously review the claim in accord12 ance with section 5103B of this title; 

13 ‘‘(B) assign an interim disability rating for each 

14 condition that the Secretary determines could be as15 signed without further development (except as pro16 vided in paragraph (3)(A)); and 

17 ‘‘(C) continue development of the remaining 

18 conditions. 

19 ‘‘(2) If the Secretary is able to assign a disability rat20 ing for a condition described in paragraph (1)(C) with re21 spect to a claim, the Secretary shall assign such rating 

22 and combine such rating with each interim rating pre23 viously assigned under paragraph (1)(B) with respect to 

24 that claim. 


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1 ‘‘(3)(A) With respect to an interim disability rating 

2 assigned under paragraph (1)(B) for a condition that is 

3 rated less than the maximum rate, the Secretary shall con4 tinue development of such condition. 

5 ‘‘(B) Except as provided in subparagraph (C), an in6 terim disability rating assigned under paragraph (1)(B) 

7 for a condition shall remain in effect unless the Secretary 

8 later assigns an increased rating for such condition. 

9 ‘‘(C) Under regulations prescribed by the Secretary, 

10 subparagraph (B) shall not apply to an interim disability 

11 rating assigned under paragraph (1)(B) for a condition 

12 if— 

13 ‘‘(i) such rating was based on fraud; or 

14 ‘‘(ii) such condition improves.’’. 

15 (b) ESTABLISHMENT OF FAST TRACK CLAIM RE16 VIEW PROCESS.— 

17 (1) IN GENERAL.—Subchapter I of chapter 51 

18 of title 38, United States Code, is amended by in19 serting after section 5103A the following new sec20 tion: 

21 ‘‘§ 5103B. Expedited review of initial claims for dis22 ability compensation 

23 ‘‘(a) PROCESS REQUIRED.—The Secretary shall es24 tablish a process for the rapid identification of initial 

25 claims for disability compensation that should, in the adjuVerDate Mar 15 2010 22:38 Jun 02, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2053.IH H2053

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1 dication of such claims, receive priority in the order of re2 view. 

3 ‘‘(b) REVIEW OF INITIAL CLAIMS.—As part of the 

4 process required by subsection (a), the Secretary shall 

5 carry out a preliminary review of all initial claims for dis6 ability compensation submitted to the Secretary in order 

7 to identify whether— 

8 ‘‘(1) the claims have the potential of being ad9 judicated quickly, including claims where an interim 

10 disability rating could be assigned under section 

11 1157(b)(1)(B) of this title; 

12 ‘‘(2) the claims qualify for priority treatment 

13 under paragraph (2) of subsection (c); and 

14 ‘‘(3) a temporary disability rating could be as15 signed with respect to the claims under section 1156 

16 of this title. 

17 ‘‘(c) PRIORITY IN ADJUDICATION OF INITIAL

18 CLAIMS.—(1) As part of the process required by sub19 section (a) and except as provided in paragraph (2), the 

20 Secretary shall, in the adjudication of initial claims for 

21 disability compensation submitted to the Secretary, give 

22 priority in the order of review of such claims to claims 

23 identified under subsection (b)(1) as having the potential 

24 of being adjudicated quickly. 


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1 ‘‘(2) Under regulations prescribed for such purpose, 

2 the Secretary may provide priority in the order of review 

3 of initial claims for disability compensation based on the 

4 effect such priority would have on a claimant.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 51 of such title is 

7 amended by inserting after the item relating to sec8 tion 5103A, the following new item: 

‘‘5103B. Expedited review of initial claims for disability compensation.’’. 

9 (c) REPORTS.— 

10 (1) FIRST INTERIM REPORT.—Not later than 

11 one year after the date of the enactment of this Act, 

12 the Secretary of Veterans Affairs shall submit to the 

13 appropriate congressional committees a report on— 

14 (A) the implementation of sections 1157(b) 

15 and 5103B of title 38, United States Code, as 

16 added by this section; 

17 (B) the workflow of the employees of the 

18 Department of Veterans Affairs who review and 

19 process claims for disability compensation, in20 cluding an analysis of— 

21 (i) the efficiency of such employees; 

22 and 

23 (ii) whether such claims are directed 

24 to such employees based on the complexity 


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1 of the claim in relation to the experience 

2 and skill of the employee; and 

3 (C) pilot programs carried out by the Sec4 retary relating to the review and process of 

5 claims for disability compensation, including— 

6 (i) the status of such pilot programs; 

7 (ii) an evaluation of any best practices 

8 learned from such pilot programs; and 

9 (iii) whether such practices should be 

10 expanded. 

11 (2) SECOND INTERIM REPORT.—Not later than 

12 18 months after the date of the enactment of this 

13 Act, the Secretary shall submit to the appropriate 

14 congressional committees an update to the report 

15 submitted under paragraph (1). 

16 (3) FINAL REPORT.—Not later than two years 

17 after the date of the enactment of this Act, the Sec18 retary shall submit to the appropriate congressional 

19 committees an update to the report submitted under 

20 paragraph (2). 

21 (4) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—In this subsection, the term ‘‘appropriate 

23 congressional committees’’ means the Committee on 

24 Veterans’ Affairs of the House of Representatives 


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1 and the Committee on Veterans’ Affairs of the Sen2 ate. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on the date of the enactment 

5 of this Act, and shall apply with respect to claims for dis6 ability compensation filed on or after the date that is two 

7 years after the date of the enactment of this Act. 

Æ 


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