II

103D CONGRESS

2D SESSION S. 1908

To provide for a study of the processes and procedures of the Department

of Veterans Affairs for the disposition of claims for veterans benefits.

IN THE SENATE OF THE UNITED STATES

MARCH 8 (legislative day, FEBRUARY 22), 1994

Mr. ROCKEFELLER (for himself, Mr. DECONCINI, Mr. GRAHAM, Mr. AKAKA,

and Mr. DASCHLE) introduced the following bill; which was read twice

and referred to the Committee on Veterans’ Affairs

A BILL

To provide for a study of the processes and procedures

of the Department of Veterans Affairs for the disposition

of claims for veterans benefits.

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

3 SECTION 1. STUDY OF SYSTEM OF DEPARTMENT OF VETER4 ANS AFFAIRS FOR DISPOSITION OF CLAIMS

5 FOR VETERANS BENEFITS.

6 (a) IN GENERAL.—The Administrative Conference of

7 the United States shall carry out a study of the Depart8 ment of Veterans Affairs system for the disposition of

9 claims for veterans benefits. The Administrative Con-
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•S 1908 IS

1 ference shall carry out the study in accordance with this

2 Act.

3 (b) PURPOSE OF STUDY.—The purpose of the study

4 required under this Act shall be to evaluate the Depart5 ment of Veterans Affairs system for the disposition of

6 claims for veterans benefits in order to determine—

7 (1) the efficiency of processes and procedures

8 under the system for the adjudication, resolution, re9 view, and final disposition of claims for veterans

10 benefits and means of increasing such efficiency, in11 cluding the effect of judicial review on such system;

12 (2) means of reducing the number of claims

13 under the system for which final disposition is pend14 ing; and

15 (3) means of enhancing the ability of the De16 partment of Veterans Affairs to dispose of claims

17 under the system in a prompt and appropriate man18 ner.

19 (c) CONTENTS OF STUDY.—The study of the Depart20 ment of Veterans Affairs system for the disposition of

21 claims for veterans benefits under this Act shall include

22 an evaluation and assessment of the following:

23 (1) The historical development of the system,

24 including the effect on such development of the pro25 vision under the Veterans’ Judicial Review Act (divi-
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1 sion A of Public Law 100–687; 102 Stat. 4105) of

2 authority for judicial review of claims disposed of

3 under the system.

4 (2) The preparation and submittal of claims by

5 veterans under the system.

6 (3) The processes and procedures under the

7 system for the disposition of claims, including—

8 (A) the scope and nature of the respon9 sibility of the Secretary to assist veterans in the

10 development of claims;

11 (B) the scope and nature of the hearings

12 provided for at each stage in the claims disposi13 tion process under the system (including hear14 ings de novo, hearings before travelling mem15 bers of the Board of Veterans’ Appeals, hear16 ings that are expedited for reason of illness or

17 financial need, and hearings that permit the

18 transmission of evidence or testimony by elec19 tronic means);

20 (C) the scope and nature of the review un21 dertaken with respect to a claim at each stage

22 in the claims disposition process;

23 (D) the number, Federal employment

24 grade, and experience and qualifications re-
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1 quired of the persons undertaking such review

2 at each such stage;

3 (E) the effect on such review of the obliga4 tion of the Secretary to afford claimants with

5 the benefit of the doubt when there is an ap6 proximate balance of positive and negative evi7 dence with respect to a claim;

8 (F) opportunities for the submittal of new

9 evidence; and

10 (G) the availability of alternative means of

11 disposing of claims.

12 (4) The effect on the system of the participa13 tion of attorneys, members of veterans service orga14 nizations, and other advocates on behalf of veterans.

15 (5) The effect on the system of actions taken

16 by the Secretary to modernize the information man17 agement system of the Department, including the

18 utilization of electronic data management systems.

19 (6) The effect on the system of any work per20 formance standards utilized by the Secretary at re21 gional offices of the Department and at the Board

22 of Veterans’ Appeals.

23 (7) The extent of the implementation in the

24 system of the recommendations of the Blue Ribbon

25 Panel on Claims Processing submitted to the Com-
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1 mittees on Veterans’ Affairs of the Senate and

2 House of Representatives on December 2, 1993, and

3 the effect of such implementation on the system.

4 (8) The effectiveness in improving the system of

5 any pilot programs carried out by the Secretary at

6 regional offices of the Department and of efforts by

7 the Secretary to implement such programs through8 out the system.

9 (9) The effectiveness of the quality control

10 practices and quality assurance practices under the

11 system in achieving the goals of such practices.

12 (d) CONSULTATION WITH NON-DEPARTMENT ENTI13 TIES.—Notwithstanding any other provision of law, the

14 Administrative Conference of the United States shall,

15 upon request, provide opportunities in the conduct of the

16 study under this Act for consultation with appropriate

17 representatives of veterans service organizations and of

18 other organizations and entities that represent veterans

19 before the Department of Veterans Affairs.

20 (e) COOPERATION OF SECRETARY.—(1) Not later

21 than 90 days after the date of the enactment of this Act,

22 the Secretary shall submit to the Administrative Con23 ference of the United States, and to the Committees on

24 Veterans’ Affairs of the Senate and House of Representa25 tives, such information as the Chairman of the Adminis-
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1 trative Conference shall determine necessary to carry out

2 the study required under this Act.

3 (2) The information referred to in paragraph (1)

4 shall include information on the claims disposed of by the

5 Department of Veterans Affairs during the 5-year period

6 ending on September 30, 1993, including the following:

7 (A) The total number of claims finally disposed

8 of during that period.

9 (B) The number of claims finally disposed of

10 during each fiscal year of that period.

11 (C) The number of claims referred to in sub12 paragraph (A) that were allowed by the Secretary

13 solely on the basis of information contained in the

14 initial claim for benefits.

15 (D) The number of claims referred to in sub16 paragraph (A) that were allowed by a regional office

17 of the Department at each of the various stages in

18 the claims disposition process.

19 (E) The number of claims referred to in sub20 paragraph (A) that were allowed by the Board of

21 Veterans’ Appeals.

22 (F) The number of claims referred to in sub23 paragraph (E) that were reopened after a final deci24 sion by the Board of Veterans’ Appeals.
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1 (f) REPORTS ON STUDY.—(1) Not later than 1 year

2 after the date of the enactment of this Act, the Adminis3 trative Conference of the United States shall submit to

4 the Secretary and to the Committees on Veterans’ Affairs

5 of the Senate and House of Representatives a preliminary

6 report on the study required under subsection (c). The re7 port shall contain the preliminary findings and conclusions

8 of the Administrative Conference with respect to the eval9 uation and assessment required under the study.

10 (2) Not later than 18 months after such date, the

11 Administrative Conference shall submit to the Secretary

12 and to such committees a report on such study. The report

13 shall include the following:

14 (A) The findings and conclusions of the Admin15 istrative Conference, including its findings and con16 clusions with respect to the matters referred to in

17 subsection (c).

18 (B) The recommendations of the Administrative

19 Conference for means of improving of the Depart20 ment of Veterans Affairs system for the disposition

21 of claims for veterans benefits.

22 (C) Such other information and recommenda23 tions with respect to the system as the Administra24 tive Conference considers appropriate.
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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated $150,000 to the Depart3 ment of Veterans Affairs for payment to the Administra4 tive Conference of the United States under section 1535

5 of title 31, United States Code, of the cost of carrying

6 out the study and report required under this Act.

7 (h) DEFINITIONS.—For the purposes of this Act—

8 (1) The term ‘‘Administrative Conference of the

9 United States’’ means the Administrative Conference

10 provided for under subchapter V of chapter 5 of title

11 5, United States Code.

12 (2) The term ‘‘Department of Veterans Affairs

13 system for the disposition of claims for veterans ben14 efits’’ means the processes and procedures of the

15 Department of Veterans Affairs for the adjudication,

16 resolution, review, and final disposition of claims for

17 benefits under the laws administered by the Sec18 retary.

19 (3) The term ‘‘Secretary’’ means the Secretary

20 of Veterans Affairs.

21 (4) The term ‘‘veterans service organizations’’

22 means any organization approved by the Secretary

23 under section 5902(a) of title 38, United States

24 Code.

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