I 

113TH CONGRESS 

2D SESSION H. R. 4766 

To prohibit the Secretary of Veterans Affairs from paying bonuses to certain 

employees of the Department of Veterans Affairs until the backlog of 

disability claims is resolved, to establish a commission to evaluate such 

backlog, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 29, 2014 

Mr. GARDNER (for himself, Mr. TIPTON, Mr. LAMBORN, and Mrs. LUMMIS) 

introduced the following bill; which was referred to the Committee on 

Veterans’ Affairs, and in addition to the Committee on Armed Services, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To prohibit the Secretary of Veterans Affairs from paying 

bonuses to certain employees of the Department of Veterans Affairs until the backlog of disability claims is 

resolved, to establish a commission to evaluate such backlog, 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. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 


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Sec. 2. Limitation on payment of bonuses until the resolution of the backlog 

of disability claims. 

Sec. 3. Evaluation of backlog of disability claims and appeals of claims of Department of Veterans Affairs. 

Sec. 4. Supplemental reports to the Strategic Plan to Eliminate the Compensation Claims Backlog. 

Sec. 5. Expedition of transfer of certain records. 

Sec. 6. Claims processors training. 

Sec. 7. Report by Comptroller General of the United States. 

Sec. 8. Priority for processing claims of the Department of Veterans Affairs. 

Sec. 9. Public availability of certain information about pending and completed 

claims for compensation under the laws administered by the 

Secretary of Veterans Affairs. 

Sec. 10. Annual report on processing of claims. 

Sec. 11. Department of Veterans Affairs notice of average times for processing 

claims and percentage of claims approved. 

Sec. 12. Claim defined. 

1 SEC. 2. LIMITATION ON PAYMENT OF BONUSES UNTIL THE 

2 RESOLUTION OF THE BACKLOG OF DIS3 ABILITY CLAIMS. 

4 The Secretary of Veterans Affairs may not pay to an 

5 individual who is employed in the Senior Executive Service 

6 an award or bonus under chapter 45 or 53 of title 5, 

7 United States Code, or any other award or bonus author8 ized under such title, until the date on which the Secretary 

9 certifies to the Committees on Veterans’ Affairs of the 

10 House of Representatives and the Senate that the backlog 

11 of disability claims has been resolved. 

12 SEC. 3. EVALUATION OF BACKLOG OF DISABILITY CLAIMS 

13 AND APPEALS OF CLAIMS OF DEPARTMENT 

14 OF VETERANS AFFAIRS. 

15 (a) IN GENERAL.—There is established a commission 

16 or task force to evaluate the backlog of claims within the 


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1 Department of Veterans Affairs and the appeals process 

2 of claims. 

3 (b) STUDIES.— 

4 (1) BACKLOG STUDY.— 

5 (A) IN GENERAL.—The Commission or 

6 Task Force, acting through the subcommittee 

7 described in subsection (d)(2)(A), shall carry 

8 out a study on the backlog of claims, including 

9 the current process the Secretary of Veterans 

10 Affairs uses to evaluate claims and appeals and 

11 the laws and regulations applicable to such 

12 claims and appeals. Such study shall be a com13 prehensive evaluation and assessment of the 

14 backlog of claims, an analysis of possible im15 provements to the procedures used to process 

16 such claims, and any related issues that the 

17 Commission or Task Force considers relevant. 

18 (B) MATTERS INCLUDED.—In carrying out 

19 the study under subparagraph (A), the Com20 mission or Task Force shall examine the fol21 lowing: 

22 (i) The backlog of claims, including 

23 an analysis of— 

24 (I) the most effective means to 

25 quickly and accurately resolve all 


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1 claims pending as of the date of the 

2 study; and 

3 (II) with respect to the Depart4 ment, the annual funding, number of 

5 full-time employees, workload manage6 ment practices, and the progress, as 

7 of the date of the study, of the stra8 tegic plan. 

9 (ii) Possible improvements to the 

10 claims process, including an evaluation and 

11 recommendations with respect to whether 

12 substantive and structural changes to the 

13 overall claims process are required. 

14 (iii) In carrying out the evaluation 

15 and recommendations under subparagraph 

16 (B), an examination of— 

17 (I) options that make no major 

18 substantive changes to the claims 

19 process; 

20 (II) options that maintain the 

21 process but make minor changes; and 

22 (III) options that make broad 

23 changes to the process. 

24 (2) APPEALS PROCESS STUDY.— 


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1 (A) IN GENERAL.—The Commission or 

2 Task Force, acting through the subcommittee 

3 described in subsection (d)(2)(B), shall carry 

4 out a study on the anticipated increase of ap5 peals of claims, including the current appeals 

6 process and the laws and regulations applicable 

7 to such appeals. Such study shall be a com8 prehensive evaluation and assessment of such 

9 anticipated increase of appeals claims, an anal10 ysis of possible improvements to the procedures 

11 used to process such appeals, and any related 

12 issues that the Commission or Task Force con13 siders relevant. 

14 (B) MATTERS INCLUDED.—In carrying out 

15 the study under subparagraph (A), the Com16 mission or Task Force shall examine the fol17 lowing: 

18 (i) The anticipated surge in appeals of 

19 claims, including an analysis of— 

20 (I) the most effective means to 

21 quickly and accurately resolve pending 

22 appeals and future appeals; 

23 (II) with respect to both the 

24 Board and the Court of Appeals for 

25 Veterans Claims, the annual funding, 


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1 number of full-time employees, work2 load management practices, and the 

3 progress, as of the date of the study, 

4 of the strategic plan; and 

5 (III) the efficiency, effectiveness, 

6 and utility of the Veterans Benefits 

7 Management System with respect to 

8 appeals operations, including an iden9 tification of key changes that may 

10 need to be implemented to such sys11 tem. 

12 (ii) Possible improvements to the ap13 peals process, including an evaluation and 

14 recommendations with respect to whether 

15 substantive and structural changes to the 

16 overall appeals process are required. 

17 (iii) In carrying out the evaluation 

18 and recommendations under clause (ii), an 

19 examination of— 

20 (I) options that make no major 

21 substantive changes to the appeals 

22 process; 

23 (II) options that maintain the 

24 process but make minor changes; 


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1 (III) options that make broad 

2 changes to the process; 

3 (IV) the necessity of the multi4 tiered levels of appeals at the regional 

5 office level, including filing a notice of 

6 disagreement, receipt of a statement 

7 of the case, supplemental statement of 

8 the case (if applicable), and sub9 stantive appeal (VA Form 9); 

10 (V) the role of the Board and the 

11 Appeals Management Center, includ12 ing— 

13 (aa) the effectiveness of the 

14 workload management of the 

15 Board and the Center; 

16 (bb) whether the Board and 

17 Center should be regionalized or 

18 maintain the centralized struc19 ture in the District of Columbia; 

20 (cc) whether Board members 

21 should be required to pass the 

22 administrative law judges certifi23 cation examination; and 


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1 (dd) whether the Board 

2 should continue to require de 

3 novo review of appeals; and 

4 (VI) the role of the Court of Ap5 peals for Veterans Claims and the 

6 United States Court of Appeals for 

7 the Federal Circuit, including— 

8 (aa) the continued effective9 ness and necessity of a multi10 tiered structure of judicial re11 view; 

12 (bb) whether the Court of 

13 Appeals for Veterans Claims 

14 should have article I or article III 

15 status; 

16 (cc) expansion of either the 

17 Court of Appeals for Veterans 

18 Claims or the United States 

19 Court of Appeals for the Federal 

20 Circuit jurisdiction, including by 

21 allowing such courts to hear class 

22 action lawsuits with respect to 

23 claims; and 

24 (dd) the possibility of ex25 panding judicial review of claims 


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1 to all Federal circuit courts of 

2 appeals or allowing judicial re3 view beyond the Court of Appeals 

4 for Veterans Claims only by the 

5 Supreme Court. 

6 (3) CONSIDERATION.—In carrying out the stud7 ies under paragraph (1)(A) and (2)(A) and making 

8 any recommendations under this section, the Com9 mission or Task Force shall consider the following: 

10 (A) The interests of veterans, including 

11 with respect to accuracy, fairness, and trans12 parency in the claims process of the Depart13 ment. 

14 (B) The values and requirements of the 

15 Constitution, including with respect to compli16 ance with procedural and substantive due proc17 ess. 

18 (C) The public interest, including with re19 spect to the responsible use of available re20 sources. 

21 (D) With respect to the study conducted 

22 under paragraph (1)(A), the importance of the 

23 claimant friendly, nonadversarial nature of the 

24 claims process. 


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1 (E) With respect to the study conducted 

2 under paragraph (2)(A), the importance of an 

3 appeals process that is efficient and easily un4 derstandable by a claimant. 

5 (4) ROLE OF SECRETARY, CHAIRMAN OF THE

6 BOARD, AND CHIEF JUDGE.— 

7 (A) INFORMATION.—In carrying out each 

8 study under paragraph (1)(A) and (2)(A), at 

9 times that the Commission or Task Force de10 termines appropriate, the Commission or Task 

11 Force shall submit to the Secretary of Veterans 

12 Affairs, the Chairman of the Board, and the 

13 Chief Judge of the Court of Appeals for Vet14 erans Claims, as the case may be, information 

15 with respect to remedies and solutions that the 

16 Commission or Task Force identifies pursuant 

17 to such a study. 

18 (B) IMPLEMENTATION.—The Secretary, 

19 the Chairman of the Board, and the Chief 

20 Judge shall each— 

21 (i) fully consider the remedies and so22 lutions submitted to the Secretary, the 

23 Chairman, or the Chief Judge, as the case 

24 may be, under subparagraph (A); 


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1 (ii) implement such remedies and so2 lutions as the Secretary, the Chairman, or 

3 the Chief Judge, respectively, determines 

4 appropriate; and 

5 (iii) submit to Congress justification 

6 for failing to implement any such remedy 

7 or solution. 

8 (C) PLAN.—The Commission or Task 

9 Force shall submit to the Secretary, the Chair10 man of the Board, and the Chief Judge a fea11 sible, timely, and cost-effective plan to eliminate 

12 the backlog of appeals of claims based on the 

13 remedies and solutions identified pursuant to 

14 the study under paragraph (2)(A) and the in15 formation submitted under subparagraph (A). 

16 (c) COMPREHENSIVE REPORTS.— 

17 (1) INITIAL COMPREHENSIVE REPORT.—Not 

18 later than 60 days after the date on which the Com19 mission or Task Force first meets, the Commission 

20 or Task Force shall submit to the President and 

21 Congress an initial comprehensive report on the 

22 studies conducted under paragraphs (1)(A) and 

23 (2)(A) of subsection (b), including— 

24 (A) the findings of the causes of the back25 log of claims; 


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1 (B) a proposed plan to handle the antici2 pated surge in appeals of claims; and 

3 (C) the level of cooperation the Commis4 sion or Task Force has received from the Sec5 retary and the heads of other departments or 

6 agencies of the Federal Government. 

7 (2) INTERIM COMPREHENSIVE REPORTS.—Not 

8 later than 90 days after the date on which the Com9 mission or Task Force first meets, and each 30-day 

10 period thereafter ending on the date on which the 

11 Commission or Task Force submits the final com12 prehensive report under paragraph (3), the Commis13 sion or Task Force shall submit to the President 

14 and Congress a comprehensive report on— 

15 (A) the progress of the Secretary with re16 spect to implementing solutions to expedite the 

17 elimination of the backlog of claims pursuant to 

18 subsection (b)(4)(B)(ii); 

19 (B) the progress of the Secretary, the 

20 Chairman of the Board, and the Chief Judge of 

21 the Court of Appeals for Veterans Claims with 

22 respect to implementing solutions to complete 

23 appeals of claims in a timely manner in a time24 ly manner pursuant to such subsection; and 


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1 (C) the level of cooperation the Commis2 sion or Task Force has received from the Sec3 retary and the heads of other departments or 

4 agencies of the Federal Government. 

5 (3) FINAL COMPREHENSIVE REPORT.—Not 

6 later than 180 days after the date on which the 

7 Commission or Task Force first meets, the Commis8 sion or Task Force shall submit to the President 

9 and Congress a comprehensive report on the fol10 lowing: 

11 (A) With respect to the study conducted 

12 under subsection (b)(1)(A)— 

13 (i) The findings, conclusions, and rec14 ommendations of the Commission or Task 

15 Force with respect to the matters referred 

16 to in such subsection. 

17 (ii) The recommendations of the Com18 mission or Task Force for revising and im19 proving the backlog of claims and the pro20 cedures used to process claims. 

21 (iii) The progress of the Secretary 

22 with respect to implementing solutions to 

23 expedite the elimination of the backlog of 

24 claims pursuant to subsection (b)(4)(B)(ii). 


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1 (iv) Other information and rec2 ommendations with respect to claims as 

3 the Commission or Task Force considers 

4 appropriate. 

5 (B) With respect to the study conducted 

6 under subsection (b)(2)(A)— 

7 (i) The findings, conclusions, and rec8 ommendations of the Commission or Task 

9 Force with respect to the matters referred 

10 to in such subsection. 

11 (ii) The recommendations of the Com12 mission or Task Force for revising and im13 proving the appeals process; 

14 (iii) The information described in sub15 section (b)(4)(A). 

16 (iv) The feasible, timely, and cost ef17 fective plan described in subsection 

18 (b)(4)(C). 

19 (v) The progress of the Secretary, the 

20 Chairman of the Board, and the Chief 

21 Judge of the Court of Appeals for Vet22 erans Claims with respect to implementing 

23 solutions to provide timely appeals of 

24 claims. 


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1 (vi) Other information and rec2 ommendations with respect to the appeals 

3 process as the Commission or Task Force 

4 considers appropriate. 

5 (d) MEMBERSHIP.— 

6 (1) NUMBER AND APPOINTMENT.—The Com7 mission or Task Force shall be composed of 15 

8 members, appointed as follows: 

9 (A) Two members appointed by the Speak10 er of the House of Representatives, one of 

11 whom shall be designated to serve upon the 

12 Subcommittee on the Backlog of Claims and 

13 one of whom shall be designated to serve upon 

14 the Subcommittee on Appeals. 

15 (B) Two members appointed by the minor16 ity leader of the House of Representatives, one 

17 of whom shall be designated to serve upon the 

18 Subcommittee on the Backlog of Claims and 

19 one of whom shall be designated to serve upon 

20 the Subcommittee on Appeals. 

21 (C) Two members appointed by the major22 ity leader of the Senate, one of whom shall be 

23 designated to serve upon the Subcommittee on 

24 the Backlog of Claims and one of whom shall 


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1 be designated to serve upon the Subcommittee 

2 on Appeals. 

3 (D) Two members appointed by the minor4 ity leader of the Senate, one of whom shall be 

5 designated to serve upon the Subcommittee on 

6 the Backlog of Claims and one of whom shall 

7 be designated to serve upon the Subcommittee 

8 on Appeals. 

9 (E) Three members appointed by the 

10 President, two of whom shall be designated to 

11 serve upon the Subcommittee on the Backlog of 

12 Claims and one of whom shall be designated to 

13 serve upon the Subcommittee on Appeals. 

14 (F) One member appointed by the Sec15 retary of Defense, whom shall be designated to 

16 serve upon the Subcommittee on the Backlog of 

17 Claims. 

18 (G) Two members appointed by the Sec19 retary of Veterans Affairs, one of whom shall be 

20 designated to serve upon the Subcommittee on 

21 the Backlog of Claims and one of whom shall 

22 be designated to serve upon the Subcommittee 

23 on Appeals. 

24 (H) One member appointed by the Chief 

25 Judge of the Court of Appeals for Veterans 


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1 Claims, whom shall be designated to serve upon 

2 the Subcommittee on Appeals. 

3 (2) SUBCOMMITTEES.—The Commission or 

4 Task Force shall have two subcommittees as follows: 

5 (A) A Subcommittee on the Backlog of 

6 Claims consisting of the eight members des7 ignated in accordance with paragraph (1). 

8 (B) A Subcommittee on Appeals consisting 

9 of the seven members designated in accordance 

10 with paragraph (1). 

11 (3) QUALIFICATIONS.—Each member appointed 

12 under paragraph (1) shall be appointed based on the 

13 experience of the member as a veteran or on the 

14 subject matter expertise or other relevant experience 

15 of the member. 

16 (4) ADVISORS.— 

17 (A) IN GENERAL.—In addition to the 15 

18 members appointed under paragraph (1), the 

19 Commission or Task Force shall— 

20 (i) have five nonvoting, nonmember 

21 advisors, appointed by a majority of the 

22 Commission or Task Force, each from a 

23 different organization that represents the 

24 interests of veterans; and 


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1 (ii) seek advice from experts from 

2 nongovernmental organizations (including 

3 veterans service organizations and military 

4 organizations), the Internet technology in5 dustry, and the insurance industry. 

6 (B) ADVICE.—Individuals described in 

7 clause (i) and (ii) of subparagraph (A) shall 

8 provide advice to both subcommittees described 

9 in paragraph (2). 

10 (5) CHAIRMAN.—The President shall designate 

11 a member of the Commission or Task Force who is 

12 appointed by the President and designated to serve 

13 upon the Subcommittee on the Backlog of Claims to 

14 serve as the chairman of the Commission or Task 

15 Force. The chairman may designate a member to 

16 serve as the chairman of the Subcommittee on the 

17 Backlog of Claims and a member to serve as the 

18 chairman of the Subcommittee on Appeals to chair 

19 such subcommittees as the designee of the chairman 

20 of the Commission or Task Force. 

21 (6) PERIOD OF APPOINTMENT.—Members of 

22 the Commission or Task Force shall be appointed 

23 for the life of the Commission or Task Force. A va24 cancy shall not affect its powers. 


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1 (7) VACANCY.—A vacancy on the Commission 

2 or Task Force shall be filled in the manner in which 

3 the original appointment was made. 

4 (8) APPOINTMENT DEADLINE.—The appoint5 ment of members of the Commission or Task Force 

6 established in this section shall be made not later 

7 than 15 days after the date of the enactment of this 

8 Act. 

9 (e) MEETINGS.— 

10 (1) INITIAL MEETING.—The Commission or 

11 Task Force shall hold its first meeting not later 

12 than 15 days after the date on which a majority of 

13 the members are appointed. 

14 (2) MEETINGS.—The Commission or Task 

15 Force shall meet at the call of the chairman. 

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

17 the Commission or Task Force shall constitute a 

18 quorum, but a lesser number may hold hearings. 

19 (f) POWERS OF THE COMMISSION OR TASK FORCE.— 

20 (1) HEARINGS.—The Commission or Task 

21 Force may hold such hearings, sit and act at such 

22 times and places, take such testimony, and receive 

23 such evidence as the Commission or Task Force con24 siders advisable to carry out the purposes of this 

25 section. 


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1 (2) INFORMATION FROM FEDERAL AGENCIES.— 

2 The Commission or Task Force may secure directly 

3 from any department or agency of the Federal Gov4 ernment such information as the Commission or 

5 Task Force considers necessary to carry out the pro6 visions of this section. Upon request of the chair7 man, the head of such department or agency shall 

8 furnish such information to the Commission or Task 

9 Force. 

10 (3) POSTAL SERVICES.—The Commission or 

11 Task Force may use the United States mails in the 

12 same manner and under the same conditions as 

13 other departments and agencies of the Federal Gov14 ernment. 

15 (4) GIFTS.—The Commission or Task Force 

16 may accept, use, and dispose of gifts or donations of 

17 service or property. 

18 (g) PERSONNEL MATTERS.— 

19 (1) COMPENSATION OF MEMBERS.—Each mem20 ber of the Commission or Task Force who is not an 

21 officer or employee of the United States shall be 

22 compensated at a rate equal to the daily equivalent 

23 of the annual rate of basic pay prescribed for level 

24 IV of the Executive Schedule under section 5315 of 

25 title 5, United States Code, for each day (including 


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1 travel time) during which the member is engaged in 

2 the performance of the duties of the Commission or 

3 Task Force. All members of the Commission or 

4 Task Force who are officers or employees of the 

5 United States shall serve without compensation in 

6 addition to that received for their services as officers 

7 or employees of the United States. 

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

9 Commission or Task Force shall be allowed travel 

10 expenses, including per diem in lieu of subsistence, 

11 at rates authorized for employees of agencies under 

12 subchapter I of chapter 57 of title 5, United States 

13 Code, while away from their homes or regular places 

14 of business in the performance of service of the 

15 Commission or Task Force. 

16 (3) STAFF.— 

17 (A) APPOINTMENT.—The chairman of the 

18 Commission or Task Force may, without regard 

19 to the civil service laws and regulations, appoint 

20 an executive director and such other personnel 

21 as may be necessary to enable the Commission 

22 or Task Force to perform its duties. The ap23 pointment of an executive director shall be sub24 ject to the approval of the Commission or Task 

25 Force. 


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1 (B) COMPENSATION.—The chairman of 

2 the Commission or Task Force may fix the 

3 compensation of the executive director and 

4 other personnel without regard to the provisions 

5 of chapter 51 and subchapter III of chapter 53 

6 of title 5, United States Code, relating to classi7 fication of positions and General Schedule pay 

8 rates, except that the rate of pay for the execu9 tive director and other personnel may not ex10 ceed the rate payable for level V of the Execu11 tive Schedule under section 5316 of such title. 

12 (4) DETAIL OF GOVERNMENT EMPLOYEES.— 

13 Upon request of the chairman of the Commission or 

14 Task Force, the head of any department or agency 

15 of the Federal Government may detail, on a nonre16 imbursable basis, any personnel of that department 

17 or agency to the Commission or Task Force to assist 

18 it in carrying out its duties. 

19 (5) PROCUREMENT OF TEMPORARY AND INTER20 MITTENT SERVICES.—The chairman of the Commis21 sion or Task Force may procure temporary and 

22 intermittent services under section 3109(b) of title 

23 5, United States Code, at rates for individuals which 

24 do not exceed the daily equivalent of the annual rate 


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1 of basic pay prescribed for level V of the Executive 

2 Schedule under section 5316 of such title. 

3 (h) TERMINATION OF COMMISSION OR TASK

4 FORCE.—The Commission or Task Force shall terminate 

5 60 days after the date on which the Commission or Task 

6 Force submits the final comprehensive report under sub7 section (c)(3). 

8 (i) FUNDING.— 

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

10 the request of the chairman of the Commission or 

11 Task Force, make available to the Commission or 

12 Task Force such amounts as the Commission or 

13 Task Force may require to carry out the duties of 

14 the Commission or Task Force under this section. 

15 (2) AVAILABILITY.—Any sums made available 

16 to the Commission or Task Force shall remain avail17 able, without fiscal year limitation, until the termi18 nation of the Commission or Task Force. 

19 (j) DEFINITIONS.—In this section: 

20 (1) The term ‘‘appeals process’’ means the 

21 process to appeal the determination by the Secretary 

22 of a claim beginning with the notice of disagreement 

23 filed pursuant to section 7105 of title 38, United 

24 States Code, and ending with the review of a deciVerDate Mar 15 2010 03:06 Jun 05, 2014 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4766.IH H4766

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1 sion by the Supreme Court pursuant to section 

2 7292(c) of such title. 

3 (2) The term ‘‘Board’’ means the Board of Vet4 erans’ Appeals. 

5 (3) The term ‘‘strategic plan’’ means the Stra6 tegic Plan to Eliminate the Compensation Claims 

7 Backlog, published by the Secretary of Veterans Af8 fairs on January 25, 2013. 

9 SEC. 4. SUPPLEMENTAL REPORTS TO THE STRATEGIC 

10 PLAN TO ELIMINATE THE COMPENSATION 

11 CLAIMS BACKLOG. 

12 Not later than 60 days after the date of the enact13 ment of this Act, and every 120 days thereafter until Me14 morial Day (May 25), 2015, the Secretary of Veterans Af15 fairs shall submit to Congress a supplemental report on 

16 the implementation by the Department of Veterans Affairs 

17 of the Strategic Plan to Eliminate the Compensation 

18 Claims Backlog. Each such report shall include— 

19 (1) verification that during the period covered 

20 by the report, each claim was approved or denied by 

21 not later than 125 days after the date on which the 

22 claim is submitted with an accuracy rate of 98 per23 cent, as specified in the Strategic Plan; 

24 (2) a description of the specific measures, pro25 cedures, and metrics used to assess the implementaVerDate Mar 15 2010 03:06 Jun 05, 2014 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4766.IH H4766

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1 tion of the Strategic Plan for purposes of the supple2 mental report; and 

3 (3) a detailed timeline for the implementation 

4 of each initiative contained in the Strategic Plan. 

5 SEC. 5. EXPEDITION OF TRANSFER OF CERTAIN RECORDS. 

6 (a) SSA RECORDS.—Not later than 60 days after the 

7 date of the enactment of this Act, the Secretary of Vet8 erans Affairs shall enter into an agreement with the Com9 missioner of the Social Security Administration to ensure 

10 that the Commissioner transfers to the Secretary disability 

11 or medical records of the Commissioner that the Secretary 

12 will use to evaluate a claim by not later than 30 days after 

13 the Secretary requests such records. 

14 (b) DOD RECORDS.—Not later than 60 days after 

15 the date of the enactment of this Act, the Secretary of 

16 Veterans Affairs shall enter into an agreement with the 

17 Secretary of Defense to ensure that the Secretary of De18 fense transfers to the Secretary of Veterans Affairs med19 ical records of members or former members of the Armed 

20 Forces that the Secretary will use to evaluate a claim by 

21 not later than 30 days after the Secretary requests such 

22 records. 

23 (c) NATIONAL GUARD RECORDS.—Not later than 60 

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1 retary of Veterans Affairs and the Secretary of Defense 

2 shall jointly— 

3 (1) submit to Congress a plan to reduce to 30 

4 days the amount of time needed to provide members 

5 of the National Guard and the Secretary of Veterans 

6 Affairs with the medical records of such members, 

7 including by partnering with appropriate officials of 

8 Federal or State departments or agencies; and 

9 (2) implement such plan. 

10 (d) EFFECTIVE DATE.—This section shall take effect 

11 on the date that is one year after the date of the enact12 ment of this Act. 

13 SEC. 6. CLAIMS PROCESSORS TRAINING. 

14 (a) ESTABLISHMENT.—The Secretary of Veterans 

15 Affairs shall establish a training program to provide newly 

16 hired claims processors of the Department of Veterans Af17 fairs with training for a period of not less than two years. 

18 In carrying out such program, the Secretary shall identify 

19 successful claims processors of the Department who can 

20 assist in the training of newly hired claims processors. 

21 (b) ABILITY TO PROCESS CLAIMS.—The Secretary 

22 shall carry out the training program established under 

23 subsection (a) without increasing the amount of time in 

24 which claims are processed by the Department. 


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1 (c) EFFECTIVE DATE.—This section shall take effect 

2 on the date that is one year after the date of the enact3 ment of this Act. 

4 SEC. 7. REPORT BY COMPTROLLER GENERAL OF THE 

5 UNITED STATES. 

6 Not later than one year after the date of the enact7 ment of this Act, the Comptroller General of the United 

8 States shall submit to Congress a report on the progress 

9 of the Secretary of Veterans Affairs in improving the time10 liness of claims processing and eliminating the backlog of 

11 claims. The report shall include any recommendations of 

12 the Comptroller General with respect to improving the 

13 ability of the Secretary to make such progress. 

14 SEC. 8. PRIORITY FOR PROCESSING CLAIMS OF THE DE15 PARTMENT OF VETERANS AFFAIRS. 

16 (a) IN GENERAL.—Subchapter I of chapter 51 of title 

17 38, United States Code, is amended by adding at the end 

18 the following new section: 

19 ‘‘§ 5109C. Priority for processing claims 

20 ‘‘(a) PRIORITY.—In processing claims for compensa21 tion under this chapter, the Secretary shall provide the 

22 following claimants with priority over other claimants: 

23 ‘‘(1) Veterans who have attained the age of 70. 

24 ‘‘(2) Veterans who are terminally ill. 

25 ‘‘(3) Veterans with life-threatening illnesses. 


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1 ‘‘(4) Homeless veterans (as defined in section 

2 2002 of this title). 

3 ‘‘(5) Veterans who were awarded the Medal of 

4 Honor. 

5 ‘‘(6) Veterans who are former prisoners of war. 

6 ‘‘(7) Veterans whose claims are being reviewed 

7 again in relation to a previously denied claim relat8 ing to military sexual trauma. 

9 ‘‘(8) Veterans whom the Secretary determines, 

10 on a case-by-case basis, are seriously or very seri11 ously injured. 

12 ‘‘(9) Veterans whom the Secretary determines, 

13 on a case-by-case basis, should be given priority 

14 under this section based on an application for good 

15 cause established by the Secretary. 

16 ‘‘(b) REGULATIONS.—The Secretary shall prescribe 

17 regulations to carry out subsection (a).’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of such chapter is amended by inserting 

20 after the item relating to section 5109B the following new 

21 item: 

‘‘5109C. Priority for processing claims.’’. 


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1 SEC. 9. PUBLIC AVAILABILITY OF CERTAIN INFORMATION 

2 ABOUT PENDING AND COMPLETED CLAIMS 

3 FOR COMPENSATION UNDER THE LAWS AD4 MINISTERED BY THE SECRETARY OF VET5 ERANS AFFAIRS. 

6 (a) IN GENERAL.—Subchapter I of chapter 51 of title 

7 38, United States Code, is amended by adding after sec8 tion 5109C, as added by section 106, the following new 

9 section: 

10 ‘‘§ 5109D. Information about pending and completed 

11 claims 

12 ‘‘(a) AVAILABILITY OF INFORMATION.—The Sec13 retary shall maintain on the Internet website of the De14 partment publicly accessible information about pending 

15 and completed claims for compensation under chapter 11 

16 of this title. Such information shall include each of the 

17 following: 

18 ‘‘(1) For each regional office and for the De19 partment as a whole— 

20 ‘‘(A) the average number of days between 

21 the date of the submittal of a claim and the 

22 date of the decision with respect to the claim 

23 for each of the preceding three-month and one24 year period; 


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1 ‘‘(B) the average number of days such a 

2 claim is pending during the preceding three3 month and one-year periods; 

4 ‘‘(C) the quality and accuracy rating of the 

5 claims adjudication process during the pre6 ceding three-month and one-year periods; 

7 ‘‘(D) the number of claims pending; 

8 ‘‘(E) the number of pending claims that 

9 have been pending for more than 125 days; and 

10 ‘‘(F) the number of claims completed dur11 ing— 

12 ‘‘(i) the current month, to date; 

13 ‘‘(ii) the month preceding the current 

14 month; 

15 ‘‘(iii) the current calendar year, to 

16 date; and 

17 ‘‘(iv) the calendar year preceding the 

18 current calendar year. 

19 ‘‘(2) For each medical condition for which a 

20 claim for compensation is submitted, for each re21 gional office and for the Department as a whole— 

22 ‘‘(A) the average number of days between 

23 the date of the submittal of a claim relating to 

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1 sion with respect to the claim for each of the 

2 preceding three-month and one-year period; 

3 ‘‘(B) the average number of days such a 

4 claim is pending during the preceding three5 month and one-year periods; 

6 ‘‘(C) the quality and accuracy rating of the 

7 claims adjudication process as applied to claims 

8 relating to such medical condition during the 

9 preceding three-month and one-year periods; 

10 ‘‘(D) the number of pending claims relat11 ing to such condition; 

12 ‘‘(E) the number of such pending claims 

13 that have been pending for more than 125 days; 

14 and 

15 ‘‘(F) the number of claims relating to such 

16 medical condition completed during— 

17 ‘‘(i) the current month, to date; 

18 ‘‘(ii) the month preceding current 

19 month; 

20 ‘‘(iii) the current calendar year, to 

21 date; and 

22 ‘‘(iv) the calendar year preceding the 

23 current calendar year. 


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1 ‘‘(b) UPDATES.—The Secretary shall update the in2 formation on the website under subsection (a) not less fre3 quently than once every seven days.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by adding 

6 after the item relating to section 5109C, as added by sec7 tion 8, the following new item: 

‘‘5109D. Information about pending and completed claims.’’. 

8 SEC. 10. ANNUAL REPORT ON PROCESSING OF CLAIMS. 

9 (a) IN GENERAL.—Subchapter I of chapter 51 of title 

10 38, United States Code, is amended by adding after sec11 tion 5109D, as added by section 9, the following new sec12 tion: 

13 ‘‘§ 5109E. Annual report on processing of claims 

14 ‘‘(a) ANNUAL REPORT.—The Secretary shall include 

15 in the annual report to Congress required under section 

16 529 of this title information on the following: 

17 ‘‘(1) The automatic processing of claims for 

18 compensation. 

19 ‘‘(2) The performance of any regional office 

20 that fails to meet the administrative goals of the re21 gional office with respect to timeliness and accuracy 

22 in processing claims for compensation. 

23 ‘‘(3) The timeliness of receiving information 

24 pursuant to a request by the Secretary to the head 

25 of another department or agency of the United 


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1 States for information required by the Secretary in 

2 adjudicating a claim for compensation under chapter 

3 11 of this title. 

4 ‘‘(b) MATTERS INCLUDED.—In carrying out sub5 section (a) to include information in the report required 

6 under section 529 of this title, the Secretary shall include 

7 the following: 

8 ‘‘(1) With respect to the information required 

9 by subsection (a)(1)— 

10 ‘‘(A) each medical condition for which 

11 claims relating to such condition were processed 

12 in an electronic automated fashion during the 

13 fiscal year covered by the report; 

14 ‘‘(B) the feasibility of processing any addi15 tional medical conditions in an electronic auto16 mated fashion and any barriers to such proc17 essing, including any such barriers relating to 

18 the schedule for rating disabilities under section 

19 1155 of this title; 

20 ‘‘(C) the number of claims for compensa21 tion relating to each medical condition sub22 mitted during such fiscal year; and 

23 ‘‘(D) for each medical condition, the per24 centage of claims denied and the percentage of 

25 claims approved during such fiscal year. 


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1 ‘‘(2) With respect to the information required 

2 by subsection (a)(2), in the case of any regional of3 fice that, for the fiscal year covered by the report, 

4 did not meet the administrative goal of having no 

5 claim pending for more than 125 days and achieving 

6 an accuracy rating of 98 percent— 

7 ‘‘(A) a signed statement prepared by the 

8 individual serving as director of the regional of9 fice as of the date of the submittal of the report 

10 containing— 

11 ‘‘(i) an explanation for why the re12 gional office did not meet the goal; 

13 ‘‘(ii) a description of the additional re14 sources needed to enable the regional office 

15 to reach the goal; and 

16 ‘‘(iii) a description of any additional 

17 actions planned for the subsequent fiscal 

18 year that are proposed to enable the re19 gional office to meet the goal; and 

20 ‘‘(B) a statement prepared by the Under 

21 Secretary for Benefits explaining how the fail22 ure of the regional office to meet the goal af23 fected the performance evaluation of the direc24 tor of the regional office. 


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1 ‘‘(3) With respect to the information required 

2 by subsection (a)(3)— 

3 ‘‘(A) the number of requests described in 

4 such paragraph made during the fiscal year 

5 covered by the report; and 

6 ‘‘(B) the average response time for such 

7 requests made during each month of such fiscal 

8 year, as determined based on the period begin9 ning on the date on which the Secretary made 

10 the request and ending on the date on which 

11 the Secretary determines that the request is 

12 completed.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of such chapter is amended by adding 

15 after the item relating to section 5109D, as added by sec16 tion 9, the following new item: 

‘‘5109E. Annual report on processing of claims.’’. 

17 (c) EFFECTIVE DATE.—Section 5109E of title 38, 

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

19 effect on the date that is one year after the date of the 

20 enactment of this Act. 


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1 SEC. 11. DEPARTMENT OF VETERANS AFFAIRS NOTICE OF 

2 AVERAGE TIMES FOR PROCESSING CLAIMS 

3 AND PERCENTAGE OF CLAIMS APPROVED. 

4 (a) PUBLIC NOTICE.—The Secretary of Veterans Af5 fairs shall post the information described in subsection 

6 (c)— 

7 (1) in a conspicuous place in each regional of8 fice and claims intake facilities of the Department of 

9 Veterans Affairs; and 

10 (2) on the Internet website of the Department. 

11 (b) NOTICE TO APPLICANTS.— 

12 (1) IN GENERAL.—The Secretary shall provide 

13 to each person who submits a claim for benefits 

14 under the laws administered by the Secretary before 

15 the person submits such claim— 

16 (A) notice of the information described in 

17 subsection (c); and 

18 (B) notice that, during the period ending 

19 on August 6, 2015, the person is eligible to re20 ceive up to an extra year of benefits payments 

21 if the person files an original claim that is fully 

22 developed. 

23 (2) ACKNOWLEDGMENT OF RECEIPT OF NO24 TICE.—Each person who submits a claim for bene25 fits under the laws administered by the Secretary 

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1 knowledging that the person received the informa2 tion described in subsection (c). 

3 (c) INFORMATION DESCRIBED.— 

4 (1) IN GENERAL.—The information described in 

5 this subsection is the following: 

6 (A) The average processing time of the 

7 claims described in paragraph (2) and the per8 centage of such submitted claims for which ben9 efits are awarded. 

10 (B) The percentage of each of the fol11 lowing types of submitted claims for benefits 

12 under the laws administered by the Secretary of 

13 Veterans Affairs for which benefits are award14 ed: 

15 (i) Claims filed by veterans who au16 thorized a veterans service organization to 

17 act on the veterans’ behalf under a durable 

18 power of attorney. 

19 (ii) Claims filed by veterans who au20 thorized a person other than a veterans 

21 service organization to act on the veterans’ 

22 behalf under a durable power of attorney. 

23 (iii) Claims filed by veterans who did 

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1 erans’ behalf under a durable power of at2 torney. 

3 (2) CLAIMS DESCRIBED.—The claims described 

4 in this paragraph are each of the following types of 

5 claims for benefits under the laws administered by 

6 the Secretary of Veterans Affairs: 

7 (A) A fully developed claim that is sub8 mitted in standard electronic form. 

9 (B) A fully developed claim that is sub10 mitted in standard paper form. 

11 (C) A claim that is not fully developed that 

12 is submitted in standard electronic form. 

13 (D) A claim that is not fully developed 

14 that is submitted in standard paper form. 

15 (E) A claim that is not fully developed that 

16 is submitted in nonstandard paper form. 

17 (3) UPDATE OF INFORMATION.—The informa18 tion described in this subsection shall be updated not 

19 less frequently than once each fiscal quarter. 

20 (d) EFFECTIVE DATE.—This section shall take effect 

21 on the date that is one year after the date of the enact22 ment of this Act. 

23 SEC. 12. CLAIM DEFINED. 

24 Except as otherwise provided, in this Act, the term 

25 ‘‘claim’’ means a claim for disability compensation under 


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1 the laws administered by the Secretary of Veterans Af2 fairs. 

Æ 


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