IIB 

114TH CONGRESS 

1ST SESSION H. R. 675 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2015 

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

AN ACT 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Veterans’ Compensation Cost-of-Living Adjustment Act 

4 of 2015’’. 

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

6 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. 


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1 TITLE I—COMPENSATION COST2 OF-LIVING ADJUSTMENT 

3 SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSA4 TION AND DEPENDENCY AND INDEMNITY 

5 COMPENSATION. 

6 (a) RATE ADJUSTMENT.—Effective on December 1, 

7 2015, the Secretary of Veterans Affairs shall increase, in 

8 accordance with subsection (c), the dollar amounts in ef9 fect on November 30, 2015, for the payment of disability 

10 compensation and dependency and indemnity compensa11 tion under the provisions specified in subsection (b). 

12 (b) AMOUNTS TO BE INCREASED.—The dollar 

13 amounts to be increased pursuant to subsection (a) are 

14 the following: 

15 (1) WARTIME DISABILITY COMPENSATION.— 

16 Each of the dollar amounts under section 1114 of 

17 title 38, United States Code. 

18 (2) ADDITIONAL COMPENSATION FOR DEPEND19 ENTS.—Each of the dollar amounts under section 

20 1115(1) of such title. 

21 (3) CLOTHING ALLOWANCE.—The dollar 

22 amount under section 1162 of such title. 

23 (4) DEPENDENCY AND INDEMNITY COMPENSA24 TION TO SURVIVING SPOUSE.—Each of the dollar 


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1 amounts under subsections (a) through (d) of sec2 tion 1311 of such title. 

3 (5) DEPENDENCY AND INDEMNITY COMPENSA4 TION TO CHILDREN.—Each of the dollar amounts 

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

6 (c) DETERMINATION OF INCREASE.— 

7 (1) PERCENTAGE.—Except as provided in para8 graph (2), each dollar amount described in sub9 section (b) shall be increased by the same percentage 

10 as the percentage by which benefit amounts payable 

11 under title II of the Social Security Act (42 U.S.C. 

12 401 et seq.) are increased effective December 1, 

13 2015, as a result of a determination under section 

14 215(i) of such Act (42 U.S.C. 415(i)). 

15 (2) ROUNDING.—Each dollar amount increased 

16 under paragraph (1), if not a whole dollar amount, 

17 shall be rounded to the next lower whole dollar 

18 amount. 

19 (d) SPECIAL RULE.—The Secretary of Veterans Af20 fairs may adjust administratively, consistent with the in21 creases made under subsection (a), the rates of disability 

22 compensation payable to persons under section 10 of Pub23 lic Law 85–857 (72 Stat. 1263) who have not received 

24 compensation under chapter 11 of title 38, United States 

25 Code. 


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1 SEC. 102. PUBLICATION OF ADJUSTED RATES. 

2 The Secretary of Veterans Affairs shall publish in the 

3 Federal Register the amounts specified in section 101(b), 

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

5 on which the matters specified in section 215(i)(2)(D) of 

6 the Social Security Act (42 U.S.C. 415(i)(2)(D)) are re7 quired to be published by reason of a determination made 

8 under section 215(i) of such Act during fiscal year 2016. 

9 TITLE II—UNITED STATES 

10 COURT OF APPEALS FOR VET11 ERANS CLAIMS 

12 SEC. 201. EXTENDING TEMPORARY EXPANSION OF UNITED 

13 STATES COURT OF APPEALS FOR VETERANS 

14 CLAIMS. 

15 Section 7253(i)(2) of title 38, United States Code, 

16 is amended by striking ‘‘January 1, 2013’’ and inserting 

17 ‘‘January 1, 2020’’. 

18 SEC. 202. RECALL OF RETIRED JUDGES OF UNITED STATES 

19 COURT OF APPEALS FOR VETERANS CLAIMS. 

20 Paragraph (1) of section 7257(b) of title 38, United 

21 States Code, is amended to read as follows: 

22 ‘‘(1)(A) The chief judge may recall for further service 

23 on the Court a recall-eligible retired judge in accordance 

24 with this section. Such a recall shall be made upon written 

25 certification by the chief judge that substantial service is 

26 expected to be performed by the retired judge for such 


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1 period, not to exceed 90 days (or the equivalent), as deter2 mined by the chief judge to be necessary to meet the needs 

3 of the Court. 

4 ‘‘(B)(i) A recall-eligible judge may request that the 

5 chief judge recall the recall-eligible judge for a period of 

6 service of not less than 90 days (or the equivalent). 

7 ‘‘(ii) The chief judge shall approve a request made 

8 by a recall-eligible judge pursuant to clause (i) unless the 

9 chief judge certifies, in writing, that the Court does not 

10 have— 

11 ‘‘(I) sufficient work to assign such recall-eligible 

12 judge during the period of recalled service; or 

13 ‘‘(II) sufficient resources to provide to such re14 call-eligible judge appropriate administrative and of15 fice support. 

16 ‘‘(iii) At any time during the period of recalled service 

17 of a judge who is recalled pursuant to clause (i), the chief 

18 judge may terminate such recalled service if the chief 

19 judge makes a written certification described in clause 

20 (ii).’’. 


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1 SEC. 203. LIFE INSURANCE PROGRAM RELATING TO 

2 JUDGES OF UNITED STATES COURT OF AP3 PEALS FOR VETERANS CLAIMS. 

4 (a) IN GENERAL.—Section 7281 of title 38, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘(j) For purposes of chapter 87 of title 5, a judge 

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

9 under section 7296 of this title or under chapter 83 or 

10 84 of title 5 shall be treated as an employee described 

11 in section 8701(a)(5) of title 5.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall apply with respect to any payment 

14 made on or after the first day of the first applicable pay 

15 period beginning on or after the date of the enactment 

16 of this Act. 

17 SEC. 204. VOLUNTARY CONTRIBUTIONS TO ENLARGE SUR18 VIVORS’ ANNUITY. 

19 Section 7297 of title 38, United States Code, is 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(p)(1) A covered judge who makes an election under 

23 subsection (b) may purchase, in 3-month increments, up 

24 to an additional year of service credit for each year of Fed25 eral judicial service completed, under the terms set forth 

26 in this section. 


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1 ‘‘(2) In this subsection, the term ‘covered judge’ 

2 means any of the following: 

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

4 ‘‘(B) A retired judge who is a recall-eligible re5 tired judge pursuant to subsection (a) of section 

6 7257 of this title. 

7 ‘‘(C) A retired judge who would be a recall-eli8 gible retired judge pursuant to subsection (a) of sec9 tion 7257 but for— 

10 ‘‘(i) meeting the aggregate recall service 

11 requirements under subsection (b)(3) of such 

12 section; or 

13 ‘‘(ii) being permanently disabled as de14 scribed by subsection (b)(4) of such section.’’. 

15 SEC. 205. SALARIES OF JUDGES OF UNITED STATES COURT 

16 OF APPEALS FOR VETERANS CLAIMS. 

17 Section 7253(e) of title 38, United States Code, is 

18 amended by striking ‘‘district courts’’ and inserting 

19 ‘‘courts of appeals’’. 

20 SEC. 206. SELECTION OF CHIEF JUDGE OF UNITED STATES 

21 COURT OF APPEALS FOR VETERANS CLAIMS. 

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

23 amended— 

24 (1) in paragraph (1)— 


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1 (A) in subparagraph (A), by striking 

2 ‘‘and’’; 

3 (B) by redesignating subparagraph (B) as 

4 subparagraph (C); and 

5 (C) by inserting after subparagraph (A) 

6 the following new subparagraph (B): 

7 ‘‘(B) are 64 years of age or under and have at 

8 least 3 years remaining in term of office; and’’; and 

9 (2) by amending paragraph (2) to read as fol10 lows: 

11 ‘‘(2)(A) In any case in which there is no judge of 

12 the Court in regular active service who meets the require13 ments under paragraph (1), the judge of the Court in reg14 ular active service who is senior in commission and meets 

15 subparagraph (A) or (B) and subparagraph (C) of para16 graph (1) shall act as the chief judge. 

17 ‘‘(B) In any case under subparagraph (A) of this 

18 paragraph in which there is no judge of the Court in reg19 ular active service who meets subparagraph (A) or (B) and 

20 subparagraph (C) of paragraph (1), the judge of the Court 

21 in regular active service who is senior in commission and 

22 meets subparagraph (C) shall act as the chief judge.’’. 


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1 TITLE III—IMPROVEMENT OF 

2 CLAIMS PROCESSING 

3 SEC. 301. INTERIM PAYMENTS OF COMPENSATION BENE4 FITS UNDER LAWS ADMINISTERED BY THE 

5 SECRETARY OF VETERANS AFFAIRS. 

6 (a) IN GENERAL.—Subchapter III of chapter 51 of 

7 title 38, United States Code, is amended by adding at the 

8 end the following new section: 

9 ‘‘§ 5127. Interim payments of compensation benefits 

10 ‘‘(a) IN GENERAL.—In the case of a claim described 

11 in subsection (b), prior to adjudicating the claim, the Sec12 retary shall make interim payments of monetary benefits 

13 to the claimant based on any disability for which the Sec14 retary has made a decision or, with respect to such a dis15 ability that is not compensable, notify the claimant of the 

16 rating relating to such disability. Upon the adjudication 

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

18 monetary benefits awarded to the claimant for the period 

19 of payment under section 5111 of this title less the 

20 amount of such benefits paid to the claimant under this 

21 section. 

22 ‘‘(b) CLAIM DESCRIBED.—A claim described in this 

23 subsection is a claim for disability compensation under 

24 chapter 11 of this title (including a claim regarding an 

25 increased rating)— 


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1 ‘‘(1) the adjudication of which requires the Sec2 retary to make decisions with respect to two or more 

3 disabilities; and 

4 ‘‘(2) for which, before completing the adjudica5 tion of the claim, the Secretary makes a decision 

6 with respect to a disability that would result in the 

7 payment of monetary benefits to the claimant upon 

8 the adjudication of the claim.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of such chapter is amended by adding 

11 at the end of the items relating to such subchapter the 

12 following new item: 

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

13 SEC. 302. CLAIMS PROCESSORS TRAINING. 

14 (a) ESTABLISHMENT.—The Secretary of Veterans 

15 Affairs shall establish a training program to provide newly 

16 hired claims processors of the Department of Veterans Af17 fairs with training for a period of not less than 2 years. 

18 In carrying out such program, the Secretary shall identify 

19 successful claims processors of the Department who can 

20 assist in the training of newly hired claims processors. 

21 (b) ABILITY TO PROCESS CLAIMS.—The Secretary 

22 shall carry out the training program established under 

23 subsection (a) without increasing the amount of time in 

24 which claims are processed by the Department. 


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1 (c) EFFECTIVE DATE.—This section shall take effect 

2 on the date that is 1 year after the date of the enactment 

3 of this Act. 

4 SEC. 303. NOTICE OF AVERAGE TIMES FOR PROCESSING 

5 CLAIMS AND PERCENTAGE OF CLAIMS AP6 PROVED. 

7 (a) PUBLIC NOTICE.—The Secretary of Veterans Af8 fairs shall post the information described in subsection 

9 (c)— 

10 (1) in a conspicuous place in each regional of11 fice and claims intake facilities of the Department of 

12 Veterans Affairs; and 

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

14 (b) NOTICE TO APPLICANTS.— 

15 (1) IN GENERAL.—The Secretary shall provide 

16 to each person who submits a claim for benefits 

17 under the laws administered by the Secretary before 

18 the person submits such claim— 

19 (A) notice of the information described in 

20 subsection (c); and 

21 (B) notice that the person is eligible to re22 ceive up to an extra year of benefits payments 

23 if the person files a claim that is fully devel24 oped. 


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1 (2) ACKNOWLEDGMENT OF RECEIPT OF NO2 TICE.—Each person who submits a claim for bene3 fits under the laws administered by the Secretary 

4 shall include in such application a signed form ac5 knowledging that the person received the informa6 tion described in subsection (c). 

7 (c) INFORMATION DESCRIBED.— 

8 (1) IN GENERAL.—The information described in 

9 this subsection is the following: 

10 (A) The average processing time of the 

11 claims described in paragraph (2) and the per12 centage of such submitted claims for which ben13 efits are awarded. 

14 (B) The percentage of each of the fol15 lowing types of submitted claims for benefits 

16 under the laws administered by the Secretary of 

17 Veterans Affairs for which benefits are award18 ed: 

19 (i) Claims filed by veterans who au20 thorized a veterans service organization to 

21 act on the veterans’ behalf under a durable 

22 power of attorney. 

23 (ii) Claims filed by veterans who au24 thorized a person other than a veterans 


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1 service organization to act on the veterans’ 

2 behalf under a durable power of attorney. 

3 (iii) Claims filed by veterans who did 

4 not authorize a person to act on the vet5 erans’ behalf under a durable power of at6 torney. 

7 (2) CLAIMS DESCRIBED.—The claims described 

8 in this paragraph are each of the following types of 

9 claims for benefits under the laws administered by 

10 the Secretary of Veterans Affairs: 

11 (A) A fully developed claim that is sub12 mitted in standard electronic form. 

13 (B) A fully developed claim that is sub14 mitted in standard paper form. 

15 (C) A claim that is not fully developed that 

16 is submitted in standard electronic form. 

17 (D) A claim that is not fully developed 

18 that is submitted in standard paper form. 

19 (E) A claim that is not fully developed that 

20 is submitted in non-standard paper form. 

21 (3) UPDATE OF INFORMATION.—The informa22 tion described in this subsection shall be updated not 

23 less frequently than once each fiscal quarter. 


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1 TITLE IV—OTHER MATTERS 

2 SEC. 401. CLARIFICATION OF ELIGIBLE RECIPIENTS OF 

3 CERTAIN ACCRUED BENEFITS UPON DEATH 

4 OF BENEFICIARY. 

5 (a) ELIGIBILITY OF ESTATE.—Section 5121(a)(2) of 

6 title 38, United States Code, is amended— 

7 (1) in the matter preceding subparagraph (A), 

8 by inserting ‘‘, or estate,’’ after ‘‘person’’; and 

9 (2) by adding at the end the following new sub10 paragraph: 

11 ‘‘(D) The estate of the veteran (unless the 

12 estate will escheat).’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall apply with respect to the death of an 

15 individual on or after the date that is 2 years after the 

16 date of the enactment of this Act. 

17 SEC. 402. OBSERVANCE OF VETERANS DAY. 

18 (a) TWO MINUTES OF SILENCE.—Chapter 1 of title 

19 36, United States Code, is amended by adding at the end 

20 the following new section: 

21 ‘‘§ 145. Veterans Day 

22 ‘‘The President shall issue each year a proclamation 

23 calling on the people of the United States to observe 2 

24 minutes of silence on Veterans Day in honor of the service 


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1 and sacrifice of veterans throughout the history of the Na2 tion, beginning at— 

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

4 ‘‘(2) 2:11 p.m. eastern standard time; 

5 ‘‘(3) 1:11 p.m. central standard time; 

6 ‘‘(4) 12:11 p.m. mountain standard time; 

7 ‘‘(5) 11:11 a.m. Pacific standard time; 

8 ‘‘(6) 10:11 a.m. Alaska standard time; and 

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

10 time.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 for chapter 1 of title 36, United States Code, is amended 

13 by adding at the end the following new item: 

‘‘145. Veterans Day.’’. 

Passed the House of Representatives July 28, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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