I 

110TH CONGRESS 

2D SESSION H. R. 5709 

To amend title 38, United States Code, to require the Secretary of Veterans 

Affairs to carry out quality assurance activities with respect to the 

administration of disability compensation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2008 

Mr. SPACE introduced the following bill; which was referred to the Committee 

on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to require the Secretary of Veterans Affairs to carry out quality assurance 

activities with respect to the administration of disability 

compensation, and for other purposes. 

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 Fairness Act’’. 


jlentini on PROD1PC65 with BILLS
2 

•HR 5709 IH

1 SEC. 2. QUALITY ASSURANCE RELATING TO DISABILITY 

2 COMPENSATION UNDER LAWS ADMINIS3 TERED BY SECRETARY OF VETERANS AF4 FAIRS. 

5 (a) QUALITY ASSURANCE REQUIREMENTS.— 

6 (1) IN GENERAL.—Subchapter II of chapter 77 

7 of title 38, United States Code, is amended by add8 ing at the end the following new section: 

9 ‘‘§ 7735. Quality assurance relating to disability com10 pensation 

11 ‘‘(a) QUALITY ASSURANCE.—In order to carry out 

12 the quality assurance program under section 7731 of this 

13 title with respect to the administration of disability com14 pensation, the Secretary shall ensure the accuracy and 

15 consistency across different offices within the Department 

16 of the treatment of claims for disability compensation, in17 cluding determinations with respect to disability ratings 

18 and whether a disability is service-connected. 

19 ‘‘(b) TREATMENT OF DATA.— 

20 ‘‘(1) RETENTION AND MONITORING.—The Sec21 retary shall retain, monitor, and store in an acces22 sible format data described in paragraph (2). 

23 ‘‘(2) COVERED DATA.—The data described in 

24 this paragraph includes the following: 


jlentini on PROD1PC65 with BILLS
3 

•HR 5709 IH

1 ‘‘(A) For each claim for disability com2 pensation under laws administered by the Sec3 retary submitted by a claimant— 

4 ‘‘(i) the State in which the claimant 

5 resided when the claim was submitted; 

6 ‘‘(ii) the decision of the Secretary with 

7 respect to the claim; 

8 ‘‘(iii) the regional office and individual 

9 employee of the Department responsible 

10 for evaluating the claim; and 

11 ‘‘(iv) if the claim was adjudicated, the 

12 results of such adjudication. 

13 ‘‘(B) The State of the claimant’s residence. 

14 ‘‘(C) Such other data as the Secretary de15 termines is appropriate for monitoring the accu16 racy and consistency of decisions with respect 

17 to such claims. 

18 ‘‘(c) REVIEWS AND AUDITS.—(1) The Secretary shall 

19 conduct reviews and audits, at least annually, to identify 

20 and correct any inaccuracies or inconsistencies in dis21 ability ratings and the adjudication of claims for disability 

22 compensation under chapter 11 of this title. Such reviews 

23 and audits shall evaluate disability ratings and claims ad24 judication by regional office and by the employee respon25 sible for each such rating or adjudication. 


jlentini on PROD1PC65 with BILLS
4 

•HR 5709 IH

1 ‘‘(2) In conducting reviews and audits under this sub2 section, the Secretary shall conduct a sufficient number 

3 of such reviews and audits to provide for statistically valid 

4 conclusions to be drawn. 

5 ‘‘(d) EVALUATION OF EMPLOYEES.—In evaluating 

6 an employee of the Department whose responsibilities in7 clude the rating of disabilities or the adjudication of claims 

8 for disability compensation under chapter 11 of this title, 

9 the Secretary shall consider factors relating to the accu10 racy and consistency with which such employee performs 

11 such responsibilities.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended 

14 by adding at the end of the items relating to sub15 chapter II the following new item: 

‘‘7735. Quality assurance relating to disability compensation.’’. 

16 (b) REPORT TO CONGRESS.—Not later than 60 days 

17 after the date of the enactment of this Act, the Secretary 

18 of Veterans Affairs shall submit to Congress a report on 

19 the implementation of section 7735 of title 38, United 

20 States Code, as added by subsection (a). 

21 (c) INCLUSION OF INFORMATION RELATING TO CON22 SISTENCY OF DECISIONS IN ANNUAL REPORT.—Section 

23 7734(2) of title 38, United States Code, is amended by 

24 inserting ‘‘and consistency’’ after ‘‘accuracy’’. 

Æ 


jlentini on PROD1PC65 with BILLS