```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1908 Referred in House (RFH)]

103d CONGRESS
  2d Session
                                S. 1908

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 23, 1994

       Referred to the Committee on Post Office and Civil Service

_______________________________________________________________________

                                 AN ACT

 
     To provide for a study of the processes and procedures of the 
   Department of Veterans Affairs for the disposition of claims for 
                           veterans benefits.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Claims Adjudication 
Improvement Act of 1994''.

                 TITLE I--STUDY OF CLAIMS ADJUDICATION

SEC. 101. STUDY OF SYSTEM OF DEPARTMENT OF VETERANS AFFAIRS FOR 
              DISPOSITION OF CLAIMS FOR VETERANS BENEFITS.

    (a) In General.--The Administrative Conference of the United States 
shall carry out a study of the Department of Veterans Affairs system 
for the disposition of claims for veterans benefits. The Administrative 
Conference shall carry out the study in accordance with this title.
    (b) Purpose of Study.--The purpose of the study required under this 
title shall be to evaluate the Department of Veterans Affairs system 
for the disposition of claims for veterans benefits in order to 
determine--
            (1) the efficiency of processes and procedures under the 
        system for the adjudication, resolution, review, and final 
        disposition of claims for veterans benefits and means of 
        increasing such efficiency, including the effect of judicial 
        review on such system;
            (2) means of reducing the number of claims under the system 
        for which final disposition is pending; and
            (3) means of enhancing the ability of the Department of 
        Veterans Affairs to dispose of claims under the system in a 
        prompt and appropriate manner.
    (c) Contents of Study.--The study of the Department of Veterans 
Affairs system for the disposition of claims for veterans benefits 
under this title shall include an evaluation and assessment of the 
following:
            (1) The historical development of the system, including the 
        effect on such development of the provision under the Veterans' 
        Judicial Review Act (division A of Public Law 100-687; 102 
        Stat. 4105) of authority for judicial review of claims disposed 
        of under the system.
            (2) The preparation and submission of claims by veterans 
        under the system.
            (3) The processes and procedures under the system for the 
        disposition of claims, including--
                    (A) the scope and nature of the responsibility of 
                the Secretary to assist veterans in the development of 
                claims;
                    (B) the scope and nature of the hearings provided 
                for at each stage in the claims disposition process 
                under the system (including hearings de novo, hearings 
                before travelling members of the Board of Veterans' 
                Appeals, hearings that are expedited for reason of 
                illness or financial need, and hearings that permit the 
                transmission of evidence or testimony by electronic 
                means);
                    (C) the scope and nature of the review undertaken 
                with respect to a claim at each stage in the claims 
                disposition process;
                    (D) the number, Federal employment grade, and 
                experience and qualifications required of the persons 
                undertaking such review at each such stage;
                    (E) the effect on such review of the obligation of 
                the Secretary to afford claimants with the benefit of 
                the doubt when there is an approximate balance of 
                positive and negative evidence with respect to a claim;
                    (F) opportunities for the submittal of new 
                evidence; and
                    (G) the availability of alternative means of 
                disposing of claims.
            (4) The effect on the system of the participation of 
        attorneys, members of veterans service organizations, and other 
        advocates on behalf of veterans.
            (5) The effect on the system of actions taken by the 
        Secretary to modernize the information management system of the 
        Department, including the utilization of electronic data 
        management systems.
            (6) The effect on the system of any work performance 
        standards utilized by the Secretary at regional offices of the 
        Department and at the Board of Veterans' Appeals.
            (7) The extent of the implementation in the system of the 
        recommendations of the Blue Ribbon Panel on Claims Processing 
        submitted to the Committees on Veterans' Affairs of the Senate 
        and House of Representatives on December 2, 1993, and the 
        effect of such implementation on the system.
            (8) The effectiveness in improving the system of any pilot 
        programs carried out by the Secretary at regional offices of 
        the Department and of efforts by the Secretary to implement 
        such programs throughout the system.
            (9) The effectiveness of the quality control practices and 
        quality assurance practices under the system in achieving the 
        goals of such practices.
    (d) Consultation with Non-Department Entities.--Notwithstanding any 
other provision of law, the Administrative Conference of the United 
States shall, upon request, provide opportunities in the conduct of the 
study under this title for consultation with appropriate 
representatives of veterans service organizations and of other 
organizations and entities that represent veterans before the 
Department of Veterans Affairs.
    (e) Cooperation of Secretary.--(1) Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall submit to the 
Administrative Conference of the United States, and to the Committees 
on Veterans' Affairs of the Senate and House of Representatives, such 
information as the Chairman of the Administrative Conference shall 
determine necessary to carry out the study required under this title.
    (2) The information referred to in paragraph (1) shall include 
information on the claims disposed of by the Department of Veterans 
Affairs during the 5-year period ending on September 30, 1993, 
including the following:
            (A) The total number of claims finally disposed of during 
        that period.
            (B) The number of claims finally disposed of during each 
        fiscal year of that period.
            (C) The number of claims referred to in subparagraph (A) 
        that were allowed by the Secretary solely on the basis of 
        information contained in the initial claim for benefits.
            (D) The number of claims referred to in subparagraph (A) 
        that were allowed by a regional office of the Department at 
        each of the various stages in the claims disposition process.
            (E) The number of claims referred to in subparagraph (A) 
        that were allowed by the Board of Veterans' Appeals.
            (F) The number of claims referred to in subparagraph (E) 
        that were reopened after a final decision by the Board of 
        Veterans' Appeals.
    (f) Reports on Study.--(1) Not later than 1 year after the date of 
the enactment of this Act, the Administrative Conference of the United 
States shall submit to the Secretary and to the Committees on Veterans' 
Affairs of the Senate and House of Representatives a preliminary report 
on the study required under subsection (c). The report shall contain 
the preliminary findings and conclusions of the Administrative 
Conference with respect to the evaluation and assessment required under 
the study.
    (2) Not later than 18 months after such date, the Administrative 
Conference shall submit to the Secretary and to such committees a 
report on such study. The report shall include the following:
            (A) The findings and conclusions of the Administrative 
        Conference, including its findings and conclusions with respect 
        to the matters referred to in subsection (c).
            (B) The recommendations of the Administrative Conference 
        for means of improving of the Department of Veterans Affairs 
        system for the disposition of claims for veterans benefits.
            (C) Such other information and recommendations with respect 
        to the system as the Administrative Conference considers 
        appropriate.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated $150,000 to the Department of Veterans Affairs for payment 
to the Administrative Conference of the United States under section 
1535 of title 31, United States Code, of the cost of carrying out the 
study and report required under this title.
    (h) Definitions.--For the purposes of this title:
            (1) The term ``Administrative Conference of the United 
        States'' means the Administrative Conference provided for under 
        subchapter V of chapter 5 of title 5, United States Code.
            (2) The term ``Department of Veterans Affairs system for 
        the disposition of claims for veterans benefits'' means the 
        processes and procedures of the Department of Veterans Affairs 
        for the adjudication, resolution, review, and final disposition 
        of claims for benefits under the laws administered by the 
        Secretary.
            (3) The term ``Secretary'' means the Secretary of Veterans 
        Affairs.
            (4) The term ``veterans service organizations'' means any 
        organization approved by the Secretary under section 5902(a) of 
        title 38, United States Code.

             TITLE II--IMPROVEMENTS TO CLAIMS ADJUDICATION

SEC. 201. ELIMINATION OF REQUIREMENT FOR ANNUAL INCOME QUESTIONNAIRES.

    Section 1506 of title 38, United States Code, is amended--
            (1) in paragraph (2), by striking out ``shall'' and 
        inserting in lieu thereof ``may''; and
            (2) in paragraph (3), by striking out ``file a revised 
        report'' and inserting in lieu thereof ``notify the 
        Secretary''.

SEC. 202. DOCUMENTS TO BE ACCEPTED AS PROOF OF RELATIONSHIPS.

    Notwithstanding any other provision of law, the Secretary of 
Veterans Affairs shall accept from a claimant a photocopy of an 
appropriate document as proof of the existence of a marriage, the 
dissolution of a marriage, the birth of a child, or the death of any 
family member for the purpose of acting on such individual's claim for 
benefits under any law administered by the Secretary. The Secretary may 
require the submission of additional documentation in support of any 
document submitted pursuant to this section if the document on its face 
raises a question as to its validity, or there is reasonable 
indication, in the document or otherwise, of fraud or 
misrepresentation.

SEC. 203. ACCEPTANCE OF PRIVATE PHYSICIAN EXAMINATIONS.

    Notwithstanding any other provision of law, for purposes of 
establishing a claim for disability compensation under chapter 11 of 
title 38, United States Code, or a claim for pension under chapter 15 
of such title, a medical examination report of a private physician 
provided by a claimant in support of a claim for benefits may be 
accepted without confirmation by an examination by a physician employed 
by the Veterans Health Administration if such report contains 
sufficient clinical data to support the diagnosis of a disability or to 
provide a reliable basis for an evaluation of the degree of any such 
disability.

SEC. 204. TRANSFER OF MILITARY SERVICE MEDICAL RECORDS.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Veterans Affairs shall submit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a report 
setting forth the status of an agreement between the Secretary and the 
Secretary of Defense to provide for the immediate transfer from the 
Department of Defense to the Department of Veterans Affairs of the 
medical records of members of the Armed Forces upon the separation of 
such members from active duty.

                        TITLE III--MISCELLANEOUS

SEC. 301. SERVICE CONNECTION FOR CERTAIN DISABILITIES RELATING TO 
              EXPOSURE TO IONIZING RADIATION.

    Section 5 of the Veterans' Dioxin and Radiation Exposure 
Compensation Standards Act (Public Law 98-542; 98 Stat. 2725; 38 U.S.C. 
1154 note) is amended by adding at the end the following new 
subsection:
    ``(d) The regulations prescribed under this section may not 
prohibit, or be construed to prohibit, a veteran from establishing 
pursuant to section 1110 or 1131 of title 38, United States Code, 
service connection for a disease or disability that the veteran claims 
to be the result of the veteran's exposure to ionizing radiation during 
a period of service referred to in subsection (a)(1), notwithstanding 
that such regulations do not specify that the disease or disability is 
a radiogenic disease.''.

SEC. 302. ADJUDICATION AND RESOLUTION OF CERTAIN CLAIMS RELATING TO 
              MEDICAL MALPRACTICE.

    (a) Adjudication and Resolution of Claims.--The Secretary of 
Veterans Affairs shall--
            (1) take appropriate actions to determine whether the 
        injury (or aggravation of an injury) of any veteran as the 
        result of the treatment of the veteran was the result of 
        medical malpractice on the part of the Department of Veterans 
        Affairs (and not of the veteran's own willful misconduct); and
            (2) in the case of any injury so determined, provide 
        appropriate compensation to the veteran in accordance with 
        section 1151 of title 38, United States Code.
    (b) Statement of Intent and Construction.--Congress enacts the 
requirement set forth in subsection (a) in order to ensure the 
adjudication and resolution of certain claims following the decision in 
Gardner v. Derwinski, 1 Vet.App. 584 (1991), aff'd, sub nom. Brown v. 
Gardner, 5 F.3d 1456 (Fed. Cir. 1993), cert. granted, 62 U.S.L.W. 3657 
(U.S. Apr. 4, 1994) (No. 93-1128). The requirement may not be construed 
as an expression of Congressional intent to limit the claims subject to 
adjudication under section 1151 of title 38, United States Code, to 
claims related to injuries resulting from medical malpractice.
    (c) Definitions.--In this section:
            (1) The term ``treatment'', in the case of a veteran, means 
        any examination, hospitalization, medical or surgical 
        treatment, or course of vocational rehabilitation under chapter 
        31 of title 38, United States Code, that is provided to the 
        veteran by the Department of Veterans Affairs.
            (2) The term ``medical malpractice'' means any 
        carelessness, negligence, error in judgment, lack of proper 
        medical skill, or similar instance of indicated fault in the 
        treatment of a veteran.

            Passed the Senate August 19 (legislative day, August 18), 
      1994.

            Attest:

                                                MARTHA S. POPE,

                                                             Secretary.
```