In the House of Representatives, U. S.,

August 8, 1994.

Resolved, That the bill from the Senate (S. 1927) entitled ‘‘An Act to increase 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’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause, and insert:

1 SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38,

2 UNITED STATES CODE.

3 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet4 erans’ Benefits Act of 1994’’.

5 (b) REFERENCES.—Except as otherwise expressly pro6 vided, whenever in this Act an amendment or repeal is ex7 pressed in terms of an amendment to, or repeal of, a section

8 or other provision, the reference shall be considered to be

9 made to a section or other provision of title 38, United

10 States Code.
2

•S 1927 EAH

1 TITLE I—COST-OF-LIVING AD2 JUSTMENT IN RATES OF COM3 PENSATION AND DEPEND4 ENCY AND INDEMNITY COM5 PENSATION

6 SEC. 101. DISABILITY COMPENSATION.

7 Section 1114 is amended—

8 (1) by striking out ‘‘$87’’ in subsection (a) and

9 inserting in lieu thereof ‘‘$89’’;

10 (2) by striking out ‘‘$166’’ in subsection (b) and

11 inserting in lieu thereof ‘‘$170’’;

12 (3) by striking out ‘‘$253’’ in subsection (c) and

13 inserting in lieu thereof ‘‘$260’’;

14 (4) by striking out ‘‘$361’’ in subsection (d) and

15 inserting in lieu thereof ‘‘$371’’;

16 (5) by striking out ‘‘$515’’ in subsection (e) and

17 inserting in lieu thereof ‘‘$530’’;

18 (6) by striking out ‘‘$648’’ in subsection (f) and

19 inserting in lieu thereof ‘‘$667’’;

20 (7) by striking out ‘‘$819’’ in subsection (g) and

21 inserting in lieu thereof ‘‘$843’’;

22 (8) by striking out ‘‘$948’’ in subsection (h) and

23 inserting in lieu thereof ‘‘$976’’;

24 (9) by striking out ‘‘$1,067’’ in subsection (i)

25 and inserting in lieu thereof ‘‘$1,099’’;
3

•S 1927 EAH

1 (10) by striking out ‘‘$1,774’’ in subsection (j)

2 and inserting in lieu thereof ‘‘$1,827’’;

3 (11) by striking out ‘‘$2,207’’ and ‘‘$3,093’’ in

4 subsection (k) and inserting in lieu thereof ‘‘$2,273’’

5 and ‘‘$3,187’’, respectively;

6 (12) by striking out ‘‘$2,207’’ in subsection (l)

7 and inserting in lieu thereof ‘‘$2,273’’;

8 (13) by striking out ‘‘$2,432’’ in subsection (m)

9 and inserting in lieu thereof ‘‘$2,504’’;

10 (14) by striking out ‘‘$2,768’’ in subsection (n)

11 and inserting in lieu thereof ‘‘$2,851’’;

12 (15) by striking out ‘‘$3,093’’ each place it ap13 pears in subsections (o) and (p) and inserting in lieu

14 thereof ‘‘$3,185’’;

15 (16) by striking out ‘‘$1,328’’ and ‘‘$1,978’’ in

16 subsection (r) and inserting in lieu thereof ‘‘$1,367’’

17 and ‘‘$2,037’’, respectively; and

18 (17) by striking out ‘‘$1,985’’ in subsection (s)

19 and inserting in lieu thereof ‘‘$2,044’’.

20 SEC. 102. ADDITIONAL COMPENSATION FOR DEPENDENTS.

21 Section 1115(1) is amended—

22 (1) by striking out ‘‘$105’’ in subparagraph (A)

23 and inserting in lieu thereof ‘‘$108’’;
4

•S 1927 EAH

1 (2) by striking out ‘‘$178’’ and ‘‘$55’’ in sub2 paragraph (B) and inserting in lieu thereof ‘‘$183’’

3 and ‘‘$56’’, respectively;

4 (3) by striking out ‘‘$72’’ and ‘‘$55’’ in subpara5 graph (C) and inserting in lieu thereof ‘‘$74’’ and

6 ‘‘$56’’, respectively;

7 (4) by striking out ‘‘$84’’ in subparagraph (D)

8 and inserting in lieu thereof ‘‘$86’’;

9 (5) by striking out ‘‘$195’’ in subparagraph (E)

10 and inserting in lieu thereof ‘‘$200’’; and

11 (6) by striking out ‘‘$164’’ in subparagraph (F)

12 and inserting in lieu thereof ‘‘$168’’.

13 SEC. 103. CLOTHING ALLOWANCE FOR CERTAIN DISABLED

14 VETERANS.

15 Section 1162 is amended by striking out ‘‘$478’’ and

16 inserting in lieu thereof ‘‘$492’’.

17 SEC. 104. DEPENDENCY AND INDEMNITY COMPENSATION

18 FOR SURVIVING SPOUSES.

19 Section 1311 is amended—

20 (1) in subsection (a)(1), by striking out ‘‘$769’’

21 and inserting in lieu thereof ‘‘$792’’;

22 (2) in subsection (a)(2), by striking out ‘‘$169’’

23 and inserting in lieu thereof ‘‘$174’’;

24 (3) in subsection (a)(3), by striking out the table

25 therein and inserting in lieu thereof the following:
5

•S 1927 EAH

Monthly Monthly

‘‘Pay grade rate Pay grade rate

E–7 ........................ $817 O–3 ................................ $923

E–8 ........................ 863 O–4 ................................ 976

E–9 ........................ 1 901 O–5 ................................ 1,075

W–1 ....................... 836 O–6 ................................ 1,212

W–2 ....................... 869 O–7 ................................ 1,309

W–3 ....................... 895 O–8 ................................ 1,433

W–4 ....................... 947 O–9 ................................ 1,536

O–1 ........................ 836 O–10 .............................. 2 1,685

O–2 ........................ 863

‘‘1 If the veteran served as sergeant major of the Army, senior enlisted advisor of

the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps,

or master chief petty officer of the Coast Guard, at the applicable time designated by

section 402 of this title, the surviving spouse’s rate shall be $971.

‘‘2 If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of

Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air

Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at

the applicable time designated by section 402 of this title, the surviving spouse’s rate

shall be $1,805.’’;

1 (4) in subsection (c), by striking out ‘‘$195’’ and

2 inserting in lieu thereof ‘‘$200’’; and

3 (5) in subsection (d), by striking out ‘‘$95’’ in

4 subsection (c) and inserting in lieu thereof ‘‘$97’’.

5 SEC. 105. DEPENDENCY AND INDEMNITY COMPENSATION

6 FOR CHILDREN.

7 (a) DIC FOR ORPHAN CHILDREN.—Section 1313(a) is

8 amended—

9 (1) by striking out ‘‘$327’’ in paragraph (1) and

10 inserting in lieu thereof ‘‘$336’’;

11 (2) by striking out ‘‘$471’’ in paragraph (2) and

12 inserting in lieu thereof ‘‘$485’’;

13 (3) by striking out ‘‘$610’’ in paragraph (3) and

14 inserting in lieu thereof ‘‘$628’’; and
6

•S 1927 EAH

1 (4) by striking out ‘‘$610’’ and ‘‘$120’’ in para2 graph (4) and inserting in lieu thereof ‘‘$628’’ and

3 ‘‘$123’’, respectively.

4 (b) SUPPLEMENTAL DIC FOR DISABLED ADULT CHIL5 DREN.—Section 1314 is amended—

6 (1) by striking out ‘‘$195’’ in subsection (a) and

7 inserting in lieu thereof ‘‘$200’’;

8 (2) by striking out ‘‘$327’’ in subsection (b) and

9 inserting in lieu thereof ‘‘$336’’; and

10 (3) by striking out ‘‘$166’’ in subsection (c) and

11 inserting in lieu thereof ‘‘$170’’.

12 SEC. 106. EFFECTIVE DATE.

13 The amendments made by this title shall take effect

14 on December 1, 1994.

15 TITLE II—DISABILITIES RESULT16 ING FROM HERBICIDE EXPO17 SURE

18 SEC. 201. CODIFICATION OF PRESUMPTIONS ESTABLISHED

19 ADMINISTRATIVELY.

20 Section 1116(a)(2) is amended by adding at the end

21 the following new subparagraphs:

22 ‘‘(D) Hodgkin’s disease becoming manifest to a

23 degree of disability of 10 percent or more.

24 ‘‘(E) Porphyria cutanea tarda becoming mani25 fest to a degree of disability of 10 percent or more
7

•S 1927 EAH

1 within a year after the last date on which the veteran

2 performed active military, naval, or air service in the

3 Republic of Vietnam during the Vietnam era.

4 ‘‘(F) Respiratory cancers (cancer of the lung,

5 bronchus, larynx, or trachea) becoming manifest to a

6 degree of 10 percent or more within 30 years after the

7 last date on which the veteran performed active mili8 tary, naval, or air service in the Republic of Vietnam

9 during the Vietnam era.

10 ‘‘(G) Multiple myeloma becoming manifest to a

11 degree of disability of 10 percent or more.’’.

12 TITLE III—BOARD OF VETERANS’

13 APPEALS ADMINISTRATION

14 SEC. 301. APPOINTMENT, PAY COMPARABILITY, AND PER15 FORMANCE REVIEWS FOR MEMBERS OF THE

16 BOARD OF VETERANS’ APPEALS.

17 (a) IN GENERAL.—(1) Chapter 71 is amended by in18 serting after section 7101 the following new section:

19 ‘‘§ 7101A. Members of Board: appointment; pay; per20 formance review

21 ‘‘(a) The members of the Board of Veterans’ Appeals

22 other than the Chairman (and including the Vice Chair23 man) shall be appointed by the Secretary, with the approval

24 of the President, based upon recommendations of the Chair25 man.
8

•S 1927 EAH

1 ‘‘(b) Members of the Board (other than the Chairman

2 and any member of the Board who is a member of the Sen3 ior Executive Service) shall, in accordance with regulations

4 prescribed by the Secretary, be paid basic pay at rates

5 equivalent to the rates payable under section 5372 of title

6 5.

7 ‘‘(c)(1) Not less than one year after the job performance

8 standards under subsection (f) are initially established, and

9 not less often than once every three years thereafter, the

10 Chairman shall determine, with respect to each member of

11 the Board (other than a member who is a member of the

12 Senior Executive Service), whether that member’s job per13 formance as a member of the Board meets the performance

14 standards for a member of the Board established under sub15 section (f). Each such determination shall be in writing.

16 ‘‘(2) If the determination of the Chairman in any case

17 is that the member’s job performance as a member of the

18 Board meets the performance standards for a member of

19 the Board established under subsection (f), the member’s ap20 pointment as a member of the Board shall be recertified.

21 ‘‘(3) If the determination of the Chairman in any case

22 is that the member’s job performance does not meet the per23 formance standards for a member of the Board established

24 under subsection (f), the Chairman shall, based upon the

25 individual circumstances, either—
9

•S 1927 EAH

1 ‘‘(A) grant the member a conditional

2 recertification; or

3 ‘‘(B) recommend to the Secretary that the mem4 ber be noncertified.

5 ‘‘(4) In the case of a member of the Board who is

6 granted a conditional recertification under paragraph (3)

7 or (5)(C), the Chairman shall review the member’s job per8 formance record and make a further determination under

9 paragraph (1) concerning that member not later than one

10 year after the date of the conditional recertification. If the

11 determination of the Chairman at that time is that the

12 member’s job performance as a member of the Board still

13 does not meet the performance standards for a member of

14 the Board established under subsection (f), the Chairman

15 shall recommend to the Secretary that the member be

16 noncertified.

17 ‘‘(5)(A) In a case in which the Chairman recommends

18 to the Secretary under paragraph (3) or (4) that a member

19 be noncertified, the Secretary shall establish a panel to re20 view that recommendation. The panel shall be established

21 from among employees of the Department other than mem22 bers of the Board or of the Board’s staff and may include

23 Federal employees from outside the Department with appro24 priate expertise.
10

•S 1927 EAH

1 ‘‘(B) The panel shall review the matter and recommend

2 to the Secretary whether the Board member should be

3 noncertified or should be granted a conditional

4 recertification.

5 ‘‘(C) The Secretary, after considering the recommenda6 tion of the panel, may either—

7 ‘‘(i) grant the member a conditional

8 recertification; or

9 ‘‘(ii) determine that the member should be

10 noncertified.

11 ‘‘(d)(1) If the Secretary, based upon the recommenda12 tion of the Chairman and after considering the rec13 ommendation of the panel under subsection (c)(5), deter14 mines that a member of the Board should be noncertified,

15 that member’s appointment as a member of the Board shall

16 be terminated and that member shall be removed from the

17 Board.

18 ‘‘(2) An individual so removed from the Board shall

19 have the right to be employed by the Board in an attorney20 advisor position.

21 ‘‘(e)(1) A member of the Board (other than the Chair22 man or a member of the Senior Executive Service) may

23 be removed as a member of the Board by reason of job per24 formance only as provided in subsections (c) and (d). Such

25 a member may be removed by the Secretary, upon the rec-
11

•S 1927 EAH

1 ommendation of the Chairman, for any other reason as de2 termined by the Secretary.

3 ‘‘(2) In the case of a removal of a member under this

4 section for a reason other than job performance that would

5 be covered by section 7521 of title 5 in the case of an admin6 istrative law judge, the removal of the member of the Board

7 shall be carried out subject to the same requirements as

8 apply to removal of an administrative law judge under that

9 section. Section 554(a)(2) of title 5 shall not apply to a

10 removal action under this subsection. In such a removal ac11 tion, a member shall have the rights set out in section

12 7513(b) of that title.

13 ‘‘(f) The Chairman, subject to the approval of the Sec14 retary, shall establish standards for the performance of the

15 job of a member of the Board (other than a member of the

16 Senior Executive Service). Those standards shall establish

17 objective and fair criteria for evaluation of the job perform18 ance of a member of the Board.

19 ‘‘(g) The Secretary shall prescribe procedures for the

20 administration of this section, including deadlines and time

21 schedules for different actions under this section.’’.

22 (2) The table of sections at the beginning of such chap23 ter is amended by inserting after the item relating to section

24 7101 the following new item:

‘‘7101A. Members of Board: appointment; pay; performance review.’’.
12

•S 1927 EAH

1 (b) SAVE PAY PROVISION.—The rate of basic pay pay2 able to an individual who is a member of the Board of Vet3 erans’ Appeals on the date of the enactment of this Act may

4 not be reduced by reason of the amendments made by this

5 section to a rate below the rate payable to such individual

6 on the day before such date.

7 (c) EFFECTIVE DATE.—Section 7101A(b) of title 38,

8 United States Code, as added by subsection (a), shall take

9 effect on the first day of the first pay period beginning after

10 December 31, 1994.

11 SEC. 302. CONFORMING AMENDMENTS.

12 Section 7101(b) is amended—

13 (1) by striking out paragraph (2);

14 (2) by designating as paragraph (2) the text in

15 paragraph (1) beginning ‘‘The Chairman may be re16 moved’’; and

17 (3) by striking out ‘‘Members (including the

18 Chairman)’’ in paragraph (3) and inserting in lieu

19 thereof ‘‘The Chairman’’.

20 SEC. 303. DEADLINE FOR ESTABLISHMENT OF PERFORM21 ANCE EVALUATION CRITERIA FOR BOARD

22 MEMBERS.

23 (a) DEADLINE.—The job performance standards re24 quired to be established by section 7101A(d) of title 38,

25 United States Code, as added by subsection (a), shall be
13

•S 1927 EAH

1 established not later than 90 days after the date of the en2 actment of this Act.

3 (b) SUBMISSION TO CONGRESSIONAL COMMITTEE.—

4 Not later than the date on which the standards referred to

5 in subsection (a) take effect, the Secretary of Veterans Af6 fairs shall submit to the Committees on Veterans’ Affairs

7 of the Senate and House of Representatives a report con8 taining the Secretary’s proposal for the establishment of

9 those standards.

10 TITLE IV—ADJUDICATION

11 IMPROVEMENTS

12 SEC. 401. SHORT TITLE.

13 This title may be cited as the ‘‘Veterans’ Adjudication

14 Improvements Act of 1994’’.

15 SEC. 402. REPORT ON FEASIBILITY OF REORGANIZATION OF

16 ADJUDICATION DIVISIONS IN VBA REGIONAL

17 OFFICES.

18 Not later than 180 days after the date of the enactment

19 of this Act, the Secretary of Veterans Affairs shall submit

20 to the Committees on Veterans’ Affairs of the Senate and

21 House of Representatives a report addressing the feasibility

22 and impact of a reorganization of the adjudication divi23 sions located within the regional offices of the Veterans Ben24 efits Administration to a number of such divisions that

25 would result in improved efficiency in the processing of
14

•S 1927 EAH

1 claims filed by veterans, their survivors, or other eligible

2 persons, for benefits administered by the Secretary.

3 SEC. 403. MASTER VETERAN RECORD.

4 (a) REQUIREMENT.—The Secretary of Veterans Affairs

5 shall implement a recordkeeping system whereby each vet6 eran and other person eligible for benefits under laws ad7 ministered by the Secretary shall be identified by a single

8 identification number and through which information re9 lating to that person, including that person’s current eligi10 bility or entitlement status with respect to each benefit or

11 service administered by the Secretary, shall be available

12 through electronic means to employees of the Department

13 located in each regional office of the Veterans Benefits Ad14 ministration or medical center of the Veterans Health Ad15 ministration.

16 (b) DEADLINE FOR IMPLEMENTATION.—The record17 keeping system required by subsection (a) shall be imple18 mented not later than two years after the date of the enact19 ment of this Act.

20 SEC. 404. REPORT ON PILOT PROGRAMS.

21 (a) IN GENERAL.—Not later than 180 days after the

22 date of the enactment of this Act, the Secretary of Veterans

23 Affairs shall submit to the Committees on Veterans’ Affairs

24 of the Senate and House of Representatives a report enu25 merating and describing each pilot program and major ini-
15

•S 1927 EAH

1 tiative being tested in the regional offices of the Veterans

2 Benefits Administration that affect the adjudication of

3 claims for benefits administered by the Secretary.

4 (b) CONTENTS.—The report shall include the Sec5 retary’s recommendations regarding the need, if any, for

6 legislation to implement any of such pilot programs the

7 Secretary may recommend. If the Secretary indicates that

8 legislation is not required to implement one or more of such

9 programs, the Secretary shall advise the Committees as to

10 whether any such pilot program will be implemented and

11 provide a timetable for such implementation.

12 SEC. 405. ACCEPTANCE OF CERTAIN DOCUMENTATION FOR

13 CLAIMS PURPOSES.

14 (a) STATEMENTS OF CLAIMANT TO BE ACCEPTED AS

15 PROOF OF RELATIONSHIPS.—Chapter 51 is amended by

16 adding at the end the following new section:

17 ‘‘§ 5124. Acceptance of claimant’s statement as proof

18 of relationship

19 ‘‘(a) For purposes of benefits under laws administered

20 by the Secretary, the Secretary shall accept the written

21 statement of a claimant as proof of the existence of any

22 relationship specified in subsection (b) for the purpose of

23 acting on such individual’s claim for benefits.
16

•S 1927 EAH

1 ‘‘(b) Subsection (a) applies to proof of the existence of

2 any of the following relationships between a claimant and

3 another person:

4 ‘‘(1) Marriage.

5 ‘‘(2) Dissolution of a marriage.

6 ‘‘(3) Birth of a child.

7 ‘‘(4) Death of any family member.

8 ‘‘(c) The Secretary may require the submission of doc9 umentation in support of the claimant’s statement—

10 ‘‘(1) if the claimant does not reside within a

11 State; or

12 ‘‘(2) if the statement on its face raises a question

13 as to its validity.’’.

14 (b) REPORTS OF EXAMINATIONS BY PRIVATE PHYSI15 CIANS.—Such chapter, as amended by subsection (a), is fur16 ther amended by adding at the end the following new

17 section:

18 ‘‘§ 5125. Acceptance of reports of private physician

19 examinations

20 ‘‘For purposes of establishing a claim for benefits

21 under chapter 11 or 15 of this title, a report of a medical

22 examination administered by a private physician that is

23 provided by a claimant in support of a claim for benefits

24 under that chapter shall be accepted without a requirement

25 for confirmation by an examination by a physician em-
17

•S 1927 EAH

1 ployed by the Veterans Health Administration if the report

2 is sufficiently complete to be adequate for disability rating

3 purposes.’’.

4 (c) CLERICAL AMENDMENT.—The table of sections at

5 the beginning of such chapter is amended by adding at the

6 end the following new items:

‘‘5124. Acceptance of claimant’s statement as proof of relationship.

‘‘5125. Acceptance of reports of private physician examinations.’’.

7 SEC. 406. EXPEDITED TREATMENT OF REMANDED CLAIMS.

8 The Secretary shall take such actions as may be nec9 essary to provide for the expeditious treatment, by the

10 Board of Veterans’ Appeals and by the regional offices of

11 the Veterans Benefits Administration, of any claim that has

12 been remanded by the Board of Veterans’ Appeals or by the

13 United States Court of Veterans Appeals for additional de14 velopment or other appropriate action.

15 SEC. 407. SCREENING OF APPEALS.

16 Section 7107 of title 38, United States Code, is

17 amended—

18 (1) in subsection (a)(1), by striking out ‘‘Each

19 case’’ and inserting in lieu thereof ‘‘Except as pro20 vided in subsection (f), each case’’; and

21 (2) by adding at the end the following new sub22 section:

23 ‘‘(f) Nothing in this section shall preclude the screening

24 of cases for purposes of—
18

•S 1927 EAH

1 ‘‘(1) determining the adequacy of the record for

2 decisional purposes; or

3 ‘‘(2) the development, or attempted development,

4 of a record found to be inadequate for decisional

5 purposes.’’.

6 SEC. 408. REVISION OF DECISIONS BASED ON CLEAR AND

7 UNMISTAKABLE ERROR.

8 (a) ORIGINAL DECISIONS.—(1) Chapter 51 is amended

9 by inserting after section 5109 the following new section:

10 ‘‘§ 5109A. Revision of decisions on grounds of clear

11 and unmistakable error

12 ‘‘(a) A decision by the Secretary under this chapter

13 is subject to revision on the grounds of clear and unmistak14 able error. If evidence establishes the error, the prior deci15 sion shall be reversed or revised.

16 ‘‘(b) For the purposes of authorizing benefits, a rating

17 or other adjudicative decision that constitutes a reversal or

18 revision of a prior decision on the grounds of clear and

19 unmistakable error has the same effect as if the decision

20 had been made on the date of the prior decision.

21 ‘‘(c) Review to determine whether clear and unmistak22 able error exists in a case may be instituted by the Sec23 retary on the Secretary’s own motion or upon request of

24 the claimant.
19

•S 1927 EAH

1 ‘‘(d) A request for revision of a decision of the Sec2 retary based on clear and unmistakable error may be made

3 at any time after that decision is made.

4 ‘‘(e) Such a request shall be submitted to the Secretary

5 and shall be decided in the same manner as any other

6 claim.’’.

7 (2) The table of sections at the beginning of such chap8 ter is amended by inserting after the item relating to section

9 5109 the following new item:

‘‘5109A. Revision of decisions on grounds of clear and unmistakable error.’’.

10 (b) BVA DECISIONS.—(1) Chapter 71 is amended by

11 adding at the end the following new section:

12 ‘‘§ 7111. Revision of decisions on grounds of clear and

13 unmistakable error

14 ‘‘(a) A decision by the Board is subject to revision on

15 the grounds of clear and unmistakable error. If evidence es16 tablishes the error, the prior decision shall be reversed or

17 revised.

18 ‘‘(b) For the purposes of authorizing benefits, a rating

19 or other adjudicative decision of the Board that constitutes

20 a reversal or revision of a prior decision of the Board on

21 the grounds of clear and unmistakable error has the same

22 effect as if the decision had been made on the date of the

23 prior decision.
20

•S 1927 EAH

1 ‘‘(c) Review to determine whether clear and unmistak2 able error exists in a case may be instituted by the Board

3 on the Board’s own motion or upon request of the claimant.

4 ‘‘(d) A request for revision of a decision of the Board

5 based on clear and unmistakable error may be made at any

6 time after that decision is made.

7 ‘‘(e) Such a request shall be submitted directly to the

8 Board and shall be decided by the Board on the merits,

9 without referral to any adjudicative or hearing official act10 ing on behalf of the Secretary.

11 ‘‘(f) A claim filed with the Secretary that requests re12 versal or revision of a previous Board decision due to clear

13 and unmistakable error shall be considered to be a request

14 to the Board under this section, and the Secretary shall

15 promptly transmit any such request to the Board for its

16 consideration under this section.’’.

17 (2) The table of sections at the beginning of such chap18 ter is amended by adding at the end the following new item:

‘‘7111. Revision of decisions on grounds of clear and unmistakable error.’’.

19 (c) EFFECTIVE DATE.—(1) Sections 5109A and 7111

20 of title 38, United States Code, as added by this section,

21 apply to any determination made before, on, or after the

22 date of the enactment of this Act.

23 (2) Notwithstanding section 402 of the Veterans Judi24 cial Review Act (38 U.S.C. 7251 note), chapter 72 of title

25 38, United States Code, shall apply with respect to any de-
21

•S 1927 EAH

1 cision of the Board of Veterans’ Appeals on a claim alleging

2 that a previous determination of the Board was the product

3 of clear and unmistakable error if that claim is filed after,

4 or was pending before the Department of Veterans Affairs,

5 the Court of Veterans Appeals, the Court of Appeals for the

6 Federal Circuit, or the Supreme Court on, the date of the

7 enactment of this Act.

8 TITLE V—MISCELLANEOUS

9 SEC. 501. RESTATEMENT OF INTENT OF CONGRESS CON10 CERNING COVERAGE OF RADIATION-EX11 POSED VETERANS COMPENSATION ACT OF

12 1988.

13 (a) RESTATEMENT OF ABSENCE OF STATUTORY LIMI14 TATION TO UNITED STATES TESTS.—(1) Clause (i) of sec15 tion 1112(c)(3)(B) is amended by inserting ‘‘(without re16 gard to whether the nation conducting the test was the

17 United States or another nation)’’ after ‘‘nuclear device’’.

18 (2) The amendment made by paragraph (1) shall take

19 effect as of May 1, 1988.

20 (b) PROOF OF SERVICE CONNECTION OF DISABILITIES

21 RELATING TO EXPOSURE TO IONIZING RADIATION.—(1)

22 Section 1113(b) is amended—

23 (A) by striking out ‘‘title or’’ and inserting in

24 lieu thereof ‘‘title,’’; and
22

•S 1927 EAH

1 (B) by inserting ‘‘, or section 5 of Public Law

2 98–542 (38 U.S.C. 1154 note)’’ after ‘‘of this section’’.

3 (2) The amendments made by paragraph (1) shall

4 apply with respect to applications for veterans benefits that

5 are submitted to the Secretary of Veterans Affairs after the

6 date of the enactment of this Act.

7 SEC. 502. EXTENSION OF AUTHORITY TO MAINTAIN RE8 GIONAL OFFICE IN THE PHILIPPINES.

9 Section 315(b) is amended by striking out ‘‘December

10 31, 1994’’ and inserting in lieu thereof ‘‘December 31,

11 1999’’.

12 SEC. 503. RENOUNCEMENT OF BENEFIT RIGHTS.

13 Section 5306 is amended by adding at the end the fol14 lowing new subsection:

15 ‘‘(c) Notwithstanding subsection (b), if a new applica16 tion for pension under chapter 15 of this title or for depend17 ency and indemnity compensation for parents under section

18 1315 of this title is filed within one year after renouncement

19 of that benefit, such application shall not be treated as an

20 original application and benefits will be payable as if the

21 renouncement had not occurred.’’.
23

•S 1927 EAH

1 SEC. 504. EFFECTIVE DATE OF DISCONTINUANCE OF COM2 PENSATION UPON DEATH OF CERTAIN

3 VETERANS.

4 (a) IN GENERAL.—Section 5112 is amended by adding

5 the following new subsection:

6 ‘‘(d) In the case of a veteran who, at time of death,

7 was in receipt of compensation for a disability rated as

8 totally disabling with an additional amount being paid for

9 a spouse, if the Secretary determines that the surviving

10 spouse of such veteran is not eligible for dependency and

11 indemnity compensation, the effective date of the dis12 continuance of such compensation shall be the last day of

13 the month in which such death occurred.’’.

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall apply with respect to deaths occurring after

16 September 30, 1994.

Amend the title so as to read: ‘‘An Act to amend

title 38, United States Code, to provide a cost-of-living

adjustment in the rates of disability compensation for

veterans with service-connected disabilities and the rates

of dependency and indemnity compensation for survivors

of such veterans, to revise and improve veterans’ benefits

programs, and for other purposes.’’.

Attest:

Clerk.
103D CONGRESS

2D SESSION S. 1927

AMENDMENTS