I 

111TH CONGRESS 

2D SESSION H. R. 5928 

To amend title 38, United States Code, to improve the efficiency of processing 

certain claims for disability compensation by veterans. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2010 

Mr. WALZ (for himself, Mr. KING of New York, Mr. DONNELLY of Indiana, 

and Mr. HEINRICH) introduced the following bill; which was referred to 

the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to improve the 

efficiency of processing certain claims for disability compensation by veterans. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans’ Disability 

5 Claims Efficiency Act of 2010’’. 


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1 SEC. 2. IMPROVEMENT OF DISABILITY CLAIMS PROC2 ESSING. 

3 (a) ESTABLISHMENT OF FAST TRACK INTERIM DIS4 ABILITY RATINGS.—Section 1157 of title 38, United 

5 States Code, is amended— 

6 (1) by striking ‘‘The Secretary’’ and inserting 

7 the following: 

8 ‘‘(a) IN GENERAL.—The Secretary’’; and 

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

11 ‘‘(b) FAST TRACK INTERIM DISABILITY RATINGS.— 

12 (1) In the case of a veteran who submits to the Secretary 

13 a claim for compensation under this chapter for more than 

14 one condition and the Secretary determines that a dis15 ability rating can be assigned without further development 

16 for one or more conditions but not all conditions in the 

17 claim, the Secretary shall— 

18 ‘‘(A) expeditiously review the claim in ac19 cordance with section 5103B of this title; 

20 ‘‘(B) assign an interim disability rating for 

21 each condition that the Secretary determines 

22 could be assigned without further development 

23 (except as provided in paragraph (3)(A)); and 

24 ‘‘(C) continue development of the remain25 ing conditions. 


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1 ‘‘(2) If the Secretary is able to assign a disability rat2 ing for a condition described in paragraph (1)(C) with re3 spect to a claim, the Secretary shall assign such rating 

4 and combine such rating with each interim rating pre5 viously assigned under paragraph (1)(B) with respect to 

6 that claim. 

7 ‘‘(3)(A) With respect to an interim disability rating 

8 assigned under paragraph (1)(B) for a condition that is 

9 rated less than the maximum rate, the Secretary shall con10 tinue development of such condition. 

11 ‘‘(B) Except as provided in subparagraph (C), an in12 terim disability rating assigned under paragraph (1)(B) 

13 for a condition shall remain in effect unless the Secretary 

14 later assigns an increased rating for such condition. 

15 ‘‘(C) Under regulations prescribed by the Secretary, 

16 subparagraph (B) shall not apply to an interim disability 

17 rating assigned under paragraph (1)(B) for a condition 

18 if— 

19 ‘‘(i) such rating was based on fraud; or 

20 ‘‘(ii) such condition improves.’’. 

21 (b) ESTABLISHMENT OF FAST TRACK CLAIM RE22 VIEW PROCESS.— 

23 (1) IN GENERAL.—Subchapter I of chapter 51 

24 of title 38, United States Code, is amended by inVerDate Mar 15 2010 21:51 Jul 30, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5928.IH H5928

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1 serting after section 5103A the following new sec2 tion: 

3 ‘‘§ 5103B. Expedited review of initial claims for dis4 ability compensation 

5 ‘‘(a) PROCESS REQUIRED.—The Secretary shall es6 tablish a process for the rapid identification of initial 

7 claims for disability compensation that should, in the adju8 dication of such claims, receive priority in the order of re9 view. 

10 ‘‘(b) REVIEW OF INITIAL CLAIMS.—As part of the 

11 process required by subsection (a), the Secretary shall 

12 carry out a preliminary review of all initial claims for dis13 ability compensation submitted to the Secretary in order 

14 to identify whether— 

15 ‘‘(1) the claims have the potential of being ad16 judicated quickly, including claims where an interim 

17 disability rating could be assigned under section 

18 1157(b)(1)(B) of this title; 

19 ‘‘(2) the claims qualify for priority treatment 

20 under paragraph (2) of subsection (c); and 

21 ‘‘(3) a temporary disability rating could be as22 signed with respect to the claims under section 1156 

23 of this title. 

24 ‘‘(c) PRIORITY IN ADJUDICATION OF INITIAL

25 CLAIMS.—(1) As part of the process required by subVerDate Mar 15 2010 21:51 Jul 30, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5928.IH H5928

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1 section (a) and except as provided in paragraph (2), the 

2 Secretary shall, in the adjudication of initial claims for 

3 disability compensation submitted to the Secretary, give 

4 priority in the order of review of such claims to claims 

5 identified under subsection (b)(1) as having the potential 

6 of being adjudicated quickly. 

7 ‘‘(2) Under regulations prescribed for such purpose, 

8 the Secretary may provide priority in the order of review 

9 of initial claims for disability compensation based on the 

10 effect such priority would have on a claimant.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of chapter 51 of such title is 

13 amended by inserting after the item relating to sec14 tion 5103A, the following new item: 

‘‘5103B. Expedited review of initial claims for disability compensation’’. 

15 (c) REPORTS.— 

16 (1) FIRST INTERIM REPORT.—Not later than 

17 one year after the date of the enactment of this Act, 

18 the Secretary of Veterans Affairs shall submit to the 

19 appropriate congressional committees a report on— 

20 (A) the implementation of sections 1157(b) 

21 and 5103B of title 38, United States Code, as 

22 added by this section; 

23 (B) the workflow of the employees of the 

24 Department of Veterans Affairs who review and 


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1 process claims for disability compensation, in2 cluding an analysis of— 

3 (i) the efficiency of such employees; 

4 and 

5 (ii) whether such claims are directed 

6 to such employees based on the complexity 

7 of the claim in relation to the experience 

8 and skill of the employee; and 

9 (C) pilot programs carried out by the Sec10 retary relating to the review and process of 

11 claims for disability compensation, including— 

12 (i) the status of such pilot programs; 

13 (ii) an evaluation of any best practices 

14 learned from such pilot programs; and 

15 (iii) whether such practices should be 

16 expanded. 

17 (2) SECOND INTERIM REPORT.—Not later than 

18 18 months after the date of the enactment of this 

19 Act, the Secretary shall submit to the appropriate 

20 congressional committees an update to the report 

21 submitted under paragraph (1). 

22 (3) FINAL REPORT.—Not later than two years 

23 after the date of the enactment of this Act, the Sec24 retary shall submit to the appropriate congressional 


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1 committees an update to the report submitted under 

2 paragraph (2). 

3 (4) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—In this subsection, the term ‘‘appropriate 

5 congressional committees’’ means the Committee on 

6 Veterans’ Affairs of the House of Representatives 

7 and the Committee on Veterans’ Affairs of the Sen8 ate. 

9 (d) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect on the date of the enactment 

11 of this Act, and shall apply with respect to claims for dis12 ability compensation filed on or after the date that is two 

13 years after the date of the enactment of this Act. 

Æ 


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