I 

114TH CONGRESS 

1ST SESSION H. R. 517 

To establish a task force to evaluate the backlog of appeals to claims 

submitted to the Secretary of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 22, 2015 

Ms. TITUS introduced the following bill; which was referred to the Committee 

on Veterans’ Affairs 

A BILL 

To establish a task force to evaluate the backlog of appeals 

to claims submitted to the Secretary of Veterans Affairs. 

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

3 SECTION 1. EVALUATION OF THE SURGE OF APPEALS OF 

4 VETERANS CLAIMS. 

5 (a) IN GENERAL.—There is established a task force 

6 (in this section referred to as the ‘‘Appeals Task Force’’) 

7 to evaluate the backlog of appeals of claims within the 

8 Board of Veterans’ Appeals and the United States Court 

9 of Appeals for Veterans Claims. 

10 (b) STUDY.— 


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1 (1) IN GENERAL.—The Appeals Task Force 

2 shall carry out a study on the anticipated increase 

3 of appeals of claims, including the current process 

4 all parties use to evaluate appeals and the laws and 

5 regulations applicable to such claims and appeals. 

6 Such study shall be a comprehensive evaluation and 

7 assessment of the backlog of claims, an analysis of 

8 possible improvements to the procedures used to 

9 process such appeals, and any related issues that the 

10 Appeals Task Force considers relevant. 

11 (2) CONSIDERATION.—In carrying out the 

12 study under paragraph (1) and making any rec13 ommendations under this section, the Appeals Task 

14 Force shall consider the following: 

15 (A) The interests of veterans, including 

16 with respect to accuracy, fairness, and trans17 parency in the appeals process of the Board 

18 and the Court. 

19 (B) The values and requirements of the 

20 Constitution, including with respect to compli21 ance with procedural and substantive due proc22 ess. 

23 (C) The public interest, including with re24 spect to the responsible use of available re25 sources. 


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1 (D) The importance of the claimant friend2 ly, nonadversarial nature of the appeals process. 

3 (3) MATTERS INCLUDED.—In carrying out the 

4 study under paragraph (1), the Appeals Task Force 

5 shall examine the following: 

6 (A) The anticipated surge in appeals of 

7 claims, including an analysis of— 

8 (i) the most effective means to quickly 

9 and accurately resolve pending appeals and 

10 future appeals; 

11 (ii) with respect to both the Board 

12 and the Court, the annual funding, number 

13 of full-time employees, workload manage14 ment practices, and the progress, as of the 

15 date of the study, of the transformation 

16 plan of the Department; and 

17 (iii) the efficiency, effectiveness, and 

18 utility of the Veterans Benefits Manage19 ment System with respect to appeals oper20 ations, including an identification of key 

21 changes that may need to be implemented 

22 to such system. 

23 (B) Possible improvements to the appeals 

24 process, including an evaluation and rec25 ommendations with respect to whether subVerDate Sep 11 2014 23:45 Jan 29, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H517.IH H517

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1 stantive and structural changes to the overall 

2 appeals process are required. 

3 (C) In carrying out the evaluation and rec4 ommendations under subparagraph (B), an ex5 amination of— 

6 (i) options that make no major sub7 stantive changes to the appeals process; 

8 (ii) options that maintain the process 

9 but make minor changes; 

10 (iii) options that make broad changes 

11 to the process; 

12 (iv) the necessity of the multi-tiered 

13 levels of appeals at the regional office level, 

14 including filing a notice of disagreement, 

15 receipt of a statement of the case, supple16 mental statement of the case (if applica17 ble), and substantive appeal (VA Form 9); 

18 (v) the role of the Board and the Ap19 peals Management Center, including— 

20 (I) the effectiveness of the work21 load management of the Board and 

22 the Center; 

23 (II) whether the Board and Cen24 ter should be regionalized or maintain 


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1 the centralized structure in the Dis2 trict of Columbia; and 

3 (III) whether Board Members 

4 should be required to pass the admin5 istrative law judges certification exam6 ination; and 

7 (vi) the role of the Court and the 

8 United States Court of Appeals for the 

9 Federal Circuit, including— 

10 (I) the continued effectiveness 

11 and necessity of a two-tiered structure 

12 of judicial review; 

13 (II) the article I status of the 

14 Court; 

15 (III) expansion of either the 

16 Court or the United States Court of 

17 Appeals for the Federal Circuit juris18 diction, including by allowing such 

19 courts to hear class action lawsuits 

20 with respect to claims; and 

21 (IV) the possibility of expanding 

22 judicial review of claims to all Federal 

23 circuit courts of appeals. 

24 (4) ROLE OF SECRETARY OF VETERANS AF25 FAIRS.— 


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1 (A) INFORMATION.—In carrying out a 

2 study on the backlog of claims under paragraph 

3 (1), the Appeals Task Force shall submit to the 

4 Secretary of Veterans Affairs, Chairman of the 

5 Board of Veterans’ Appeals, and the Court, at 

6 times that the Appeals Task Force determines 

7 appropriate, information with respect to rem8 edies and solutions for the Appeals Task Force 

9 identifies pursuant to such study. 

10 (B) IMPLEMENTATION.—The Secretary, 

11 the Board, and the Court shall— 

12 (i) fully consider the remedies and so13 lutions submitted under subparagraph (A); 

14 (ii) implement such remedies and so15 lutions as the Secretary determines appro16 priate; and 

17 (iii) submit to Congress justification 

18 for failing to implement any such remedy 

19 or solution. 

20 (5) PLAN.—The Appeals Task Force shall sub21 mit to the Secretary of Veterans Affairs, Chairman 

22 of the Board of Veterans’ Appeals, and the Court a 

23 feasible, timely, and cost effective plan to eliminate 

24 the backlog of appeals of claims based on the rem25 edies and solutions identified pursuant to the study 


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1 under paragraph (1) and the information submitted 

2 under paragraph (4)(A). 

3 (c) REPORTS.— 

4 (1) INITIAL REPORT.—Not later than 180 days 

5 after the date on which the Appeals Task Force first 

6 meets, the Appeals Task Force shall submit to the 

7 President and Congress an initial report on the 

8 study conducted under subsection (b), including— 

9 (A) a proposed plan to handle the antici10 pated surge in appeals of claims; and 

11 (B) the level of cooperation the Appeals 

12 Task Force has received from the Secretary, 

13 the Board, and the Court and the heads of 

14 other departments or agencies of the Federal 

15 Government. 

16 (2) INTERIM REPORTS.—Not later than 180 

17 days after the date on which the Appeals Task 

18 Force first meets, and each 30-day period thereafter 

19 ending on the date on which the Appeals Task Force 

20 submits the final report under paragraph (3), the 

21 Appeals Task Force shall submit to the President 

22 and Congress a report on— 

23 (A) the progress of the Board and the 

24 Court with respect to implementing solutions to 


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1 complete appeals of claims in a timely manner; 

2 and 

3 (B) the level of cooperation the Appeals 

4 Task Force has received from the Secretary, 

5 the Board, and the Court and the heads of 

6 other departments or agencies of the Federal 

7 Government. 

8 (3) FINAL REPORT.—Not later than 180 days 

9 after the date on which the Appeals Task Force first 

10 meets, the Appeals Task Force shall submit to the 

11 President and Congress a report on the study con12 ducted under subsection (b). The report shall include 

13 the following: 

14 (A) The findings, conclusions, and rec15 ommendations of the Appeals Task Force with 

16 respect to the matters referred to in such sub17 section. 

18 (B) The recommendations of the Appeals 

19 Task Force for revising and improving appel20 lant procedures. 

21 (C) The information described in sub22 section (b)(4)(A). 

23 (D) The feasible, timely, and cost effective 

24 plan described in subsection (b)(5). 


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1 (E) The progress of the Secretary, the 

2 Board, and the Court with respect to imple3 menting solutions to provide timely appeals of 

4 claims. 

5 (F) Other information and recommenda6 tions with respect to claims as the Appeals 

7 Task Force considers appropriate. 

8 (d) MEMBERSHIP.— 

9 (1) NUMBER AND APPOINTMENT.—The Appeals 

10 Task Force shall be composed of 15 members, ap11 pointed as follows: 

12 (A) One member appointed by the Speaker 

13 of the House of Representatives, at least one of 

14 whom shall be a veteran. 

15 (B) One member appointed by the minor16 ity leader of the House of Representatives, at 

17 least one of whom shall be a veteran. 

18 (C) One member appointed by the majority 

19 leader of the Senate, at least one of whom shall 

20 be a veteran. 

21 (D) One member appointed by the minor22 ity leader of the Senate, at least one of whom 

23 shall be a veteran. 

24 (E) One member appointed by the Presi25 dent. 


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1 (F) Six members appointed by the Sec2 retary of Veteran Affairs— 

3 (i) one of whom shall be an employee 

4 of the Office of the Secretary; 

5 (ii) two of whom shall be employees of 

6 the Veterans Benefits Administration; and 

7 (iii) three of whom shall be members 

8 of a veterans service organization. 

9 (G) Two members appointed by the Board. 

10 (H) Two members appointed by the Court. 

11 (2) CHAIRMAN AND CO-CHAIRMEN.—Of the 

12 members of the Appeals Task Force described in 

13 subparagraphs (G) and (H) of paragraph (1) and 

14 clauses (i) and (ii) of subparagraph (F) of such 

15 paragraph, the Secretary of Veterans Affairs shall 

16 appoint one member to be chairman and two mem17 bers to be co-chairmen. 

18 (3) PERIOD OF APPOINTMENT.—Members of 

19 the Appeals Task Force shall be appointed for the 

20 life of the Appeals Task Force. A vacancy shall not 

21 affect its powers. 

22 (4) VACANCY.—A vacancy on the Appeals Task 

23 Force shall be filled in the manner in which the 

24 original appointment was made. 


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1 (5) APPOINTMENT DEADLINE.—The appoint2 ment of members of the Appeals Task Force estab3 lished in this section shall be made not later than 45 

4 days after the date of the enactment of this Act. 

5 (e) MEETINGS.— 

6 (1) INITIAL MEETING.—The Appeals Task 

7 Force shall hold its first meeting not later than 30 

8 days after the date on which a majority of the mem9 bers are appointed. 

10 (2) MEETINGS.—The Appeals Task Force shall 

11 meet at the call of the chairman. 

12 (3) QUORUM.—A majority of the members of 

13 the Appeals Task Force shall constitute a quorum, 

14 but a lesser number may hold hearings. 

15 (f) POWERS OF THE APPEALS TASK FORCE.— 

16 (1) HEARINGS.—The Appeals Task Force may 

17 hold such hearings, sit and act at such times and 

18 places, take such testimony, and receive such evi19 dence as the Appeals Task Force considers advisable 

20 to carry out the purposes of this section. In addition, 

21 the Appeals Task Force may invite and consider 

22 such information from individuals and organizations 

23 as the Chairman and co-chairmen consider appro24 priate. 


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1 (2) INFORMATION FROM FEDERAL AGENCIES.— 

2 The Appeals Task Force may secure directly from 

3 any department or agency of the Federal Govern4 ment such information as the Appeals Task Force 

5 considers necessary to carry out the provisions of 

6 this section. Upon request of the chairman, the head 

7 of such department or agency shall furnish such in8 formation to the Appeals Task Force. 

9 (3) POSTAL SERVICES.—The Appeals Task 

10 Force may use the United States mails in the same 

11 manner and under the same conditions as other de12 partments and agencies of the Federal Government. 

13 (4) GIFTS.—The Appeals Task Force may ac14 cept, use, and dispose of gifts or donations of service 

15 or property. 

16 (g) PERSONNEL MATTERS.— 

17 (1) COMPENSATION OF MEMBERS.—Each mem18 ber of the Appeals Task Force who is not an officer 

19 or employee of the United States shall be com20 pensated at a rate equal to the daily equivalent of 

21 the annual rate of basic pay prescribed for level IV 

22 of the Executive Schedule under section 5315 of title 

23 5, United States Code, for each day (including travel 

24 time) during which the member is engaged in the 

25 performance of the duties of the Appeals Task 


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1 Force. All members of the Appeals Task Force who 

2 are officers or employees of the United States shall 

3 serve without compensation in addition to that re4 ceived for their services as officers or employees of 

5 the United States. 

6 (2) TRAVEL EXPENSES.—The members of the 

7 Appeals Task Force shall be allowed travel expenses, 

8 including per diem in lieu of subsistence, at rates 

9 authorized for employees of agencies under sub10 chapter I of chapter 57 of title 5, United States 

11 Code, while away from their homes or regular places 

12 of business in the performance of service of the Ap13 peals Task Force. 

14 (3) STAFF.— 

15 (A) EXECUTIVE DIRECTOR.—The chair16 man of the Appeals Task Force may, without 

17 regard to the civil service laws and regulations, 

18 appoint an executive director and such other 

19 personnel as may be necessary to enable the 

20 Appeals Task Force to perform its duties. The 

21 appointment of an executive director shall be 

22 subject to the approval of the Appeals Task 

23 Force. 

24 (B) COMPENSATION.—The chairman of 

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1 tion of the executive director and other per2 sonnel without regard to the provisions of chap3 ter 51 and subchapter III of chapter 53 of title 

4 5, United States Code, relating to classification 

5 of positions and General Schedule pay rates, ex6 cept that the rate of pay for the executive direc7 tor and other personnel may not exceed the rate 

8 payable for level V of the Executive Schedule 

9 under section 5316 of such title. 

10 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

11 Upon request of the chairman of the Appeals Task 

12 Force, the head of any department or agency of the 

13 Federal Government may detail, on a nonreimburs14 able basis, any personnel of that department or 

15 agency to the Appeals Task Force to assist it in car16 rying out its duties. 

17 (5) PROCUREMENT OF TEMPORARY AND INTER18 MITTENT SERVICES.—The chairman of the Appeals 

19 Task Force may procure temporary and intermittent 

20 services under section 3109(b) of title 5, United 

21 States Code, at rates for individuals which do not 

22 exceed the daily equivalent of the annual rate of 

23 basic pay prescribed for level V of the Executive 

24 Service under section 5316 of such title. 


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1 (h) TERMINATION OF APPEALS TASK FORCE.—The 

2 Appeals Task Force shall terminate 60 days after the date 

3 on which the Appeals Task Force submits the final report 

4 under subsection (c)(3). 

5 (i) FUNDING.— 

6 (1) IN GENERAL.—The Secretary shall, upon 

7 the request of the chairman of the Appeals Task 

8 Force, make available to the Appeals Task Force 

9 such amounts as the Appeals Task Force may re10 quire to carry out the duties of the Appeals Task 

11 Force under this section. 

12 (2) AVAILABILITY.—Any sums made available 

13 to the Appeals Task Force shall remain available, 

14 without fiscal year limitation, until the termination 

15 of the Appeals Task Force. 

16 (j) DEFINITIONS.—In this section: 

17 (1) The term ‘‘Board’’ means the Board of Vet18 erans’ Appeals. 

19 (2) The term ‘‘claim’’ means a claim for dis20 ability compensation under the laws administered by 

21 the Secretary of Veterans Affairs. 

22 (3) The term ‘‘Court’’ means the United States 

23 Court of Appeals for Veterans Claims. 

Æ 


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