IB 

Union Calendar No. 162 

118TH CONGRESS 

1ST SESSION H. R. 1530 

[Report No. 118–199] 

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

publish disability benefit questionnaire forms of Department of Veterans 

Affairs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2023 

Mr. LUTTRELL (for himself and Mr. PAPPAS) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs 

SEPTEMBER 14, 2023 

Additional sponsors: Mr. MCGARVEY, Ms. BROWNLEY, Mr. SELF, and Mrs. 

BICE

SEPTEMBER 14, 2023 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 10, 2023] 


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A BILL 

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

requirement to publish disability benefit questionnaire 

forms of Department of Veterans Affairs, and for other 

purposes. 


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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; TABLE OF CONTENTS. 

4 This Act may be cited as the ‘‘Veterans Benefits Im5 provement Act of 2023’’. 

6 SEC. 2. IMPROVEMENT OF PUBLICATION OF DEPARTMENT 

7 OF VETERANS AFFAIRS DISABILITY BENEFIT 

8 QUESTIONNAIRE FORMS. 

9 Section 5101 of title 38, United States Code, is amend10 ed— 

11 (1) in subsection (d)— 

12 (A) in paragraph (1)(A), by inserting ‘‘, in13 cluding (except as provided in paragraph (4)(A)) 

14 all disability benefit questionnaire forms avail15 able to personnel of the Veterans Health Admin16 istration and covered non-Department providers 

17 for the completion of examinations with respect 

18 to medical disability of applicants for benefits 

19 under laws administered by the Secretary’’ before 

20 the semicolon; and 

21 (B) by adding at the end the following new 

22 paragraph: 

23 ‘‘(4)(A) The Secretary may exclude from publication 

24 under clauses (i) and (ii) of paragraph (1)(A) any form 

25 described in subparagraph (B) of this paragraph that the 


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1 Secretary determines could not reasonably be completed to 

2 a clinically acceptable standard by someone not an em3 ployee or a contractor of the Department. 

4 ‘‘(B) A form described in this subparagraph is a form 

5 that— 

6 ‘‘(i) was available or in use at any time after the 

7 date of the enactment of the Veterans Benefits Act of 

8 2023; and 

9 ‘‘(ii) has not been published under paragraph 

10 (1). 

11 ‘‘(C) The Secretary shall include on the same internet 

12 website as the website on which forms are published under 

13 paragraph (1)(A) a list of forms that have been excluded 

14 from publication pursuant to subparagraph (A), and for 

15 each such form, a justification for the exclusion of the form 

16 from publication.’’; and 

17 (2) in subsection (e), by adding at the end the 

18 following new paragraph: 

19 ‘‘(3) The term ‘covered non-Department provider’ 

20 means a medical provider who is not an employee of 

21 the Department and who provides examinations with 

22 respect to medical disability of applicants for benefits 

23 under laws administered by the Secretary pursuant to 

24 a contract with the Department.’’. 


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1 SEC. 3. IMPROVEMENT OF PROVISION OF MEDICAL DIS2 ABILITY EXAMINATIONS BY CONTRACTORS. 

3 (a) REPORT ON IMPROVING REIMBURSEMENT FOR

4 TRAVEL RELATING TO MEDICAL DISABILITY EXAMINA5 TIONS.—Not later than one year after the date of the enact6 ment of this Act, the Secretary of Veterans Affairs, after 

7 consulting with the Secretary of State and the Commis8 sioner of the Social Security Administration, shall submit 

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

10 the House of Representatives a report on the efforts of the 

11 Secretary to reimburse veterans for expenses incurred trav12 eling to a facility of the Department or of a covered non13 Department provider incident to an examination with re14 spect to the medical disability of the veteran for purposes 

15 of benefits under the laws administered by the Secretary, 

16 regardless of whether the facility is located inside or outside 

17 the United States. 

18 (b) COMMUNICATION BY NON-DEPARTMENT PRO19 VIDERS PROVIDING MEDICAL DISABILITY EXAMINATIONS

20 WITH INDIVIDUALS AND ORGANIZATIONS DESIGNATED FOR

21 PREPARATION, PRESENTATION, AND PROSECUTION OF

22 CLAIMS.—Any contract entered into by the Secretary of 

23 Veterans Affairs after the date of the enactment of this Act 

24 under which a covered non-Department provider agrees to 

25 provide examinations with respect to medical disability for 

26 applicants for benefits under the laws administered by the 


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1 Secretary, shall include a requirement that every commu2 nication from the covered non-Department provider to such 

3 an applicant regarding the scheduling of a covered medical 

4 disability examination be contemporaneously transmitted 

5 to any person or organization— 

6 (1) designated by the applicant by a power of at7 torney filed with the Secretary; and 

8 (2) recognized under sections 5902, 5903, and 

9 5904 of title 38, United States Code, for the prepara10 tion, presentation, and prosecution of claims. 

11 (c) DEPARTMENT OF VETERANS AFFAIRS OUTREACH

12 REGARDING CONTACT INFORMATION FOR CONTRACTORS

13 PROVIDING COVERED MEDICAL DISABILITY EXAMINA14 TIONS.—Not later than 120 days after the date of enactment 

15 of this Act, the Secretary of Veterans Affairs, in partnership 

16 with veterans service organizations and such other stake17 holders as the Secretary considers relevant and appropriate, 

18 shall implement an outreach program to provide veterans 

19 with the following information: 

20 (1) Contact information for covered non-Depart21 ment providers that provide examinations with re22 spect to medical disability of applicants for benefits 

23 under laws administered by the Secretary, including 

24 the telephone numbers such providers may use to con25 tact veterans. 


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1 (2) Notice of the requirement for a veteran to 

2 provide personally identifiable information to such a 

3 provider when contacted in order to verify the iden4 tity of the veteran. 

5 (d) COVERED NON-DEPARTMENT PROVIDER.—In this 

6 section, the term ‘‘covered non-Department provider’’ means 

7 a medical provider who is not an employee of the Depart8 ment of Veterans Affairs and who provides examinations 

9 with respect to medical disability of applicants for benefits 

10 under laws administered by the Secretary of Veterans Af11 fairs pursuant to a contract with the Department. 

12 SEC. 4. REPORT ON SUPPORTING GOVERNMENTAL VET13 ERANS SERVICE OFFICERS WHO PREPARE, 

14 PRESENT, AND PROSECUTE BENEFITS 

15 CLAIMS BEFORE DEPARTMENT OF VETERANS 

16 AFFAIRS. 

17 (a) REPORT.—Not later than one year after the date 

18 of the enactment of this Act and after consulting veterans 

19 service organizations and such other stakeholders as the Sec20 retary of Veterans Affairs considers relevant and appro21 priate, the Secretary shall submit to the Committee on Vet22 erans’ Affairs of the Senate and the House of Representa23 tives a report on improving the support by the Department 

24 of Veterans Affairs of covered governmental veterans service 

25 officers. 


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1 (b) ELEMENTS.—The report submitted under sub2 section (a) shall include the following: 

3 (1) An assessment of the feasibility, advisability, 

4 and current technical limitations of providing covered 

5 governmental veterans service officers enhanced access 

6 to certain Department systems to better serve veterans 

7 those governmental service officers may not have au8 thorization to represent. 

9 (2) An assessment as to whether the Department 

10 would benefit from the establishment or designation of 

11 an office or working group within the Department to 

12 serve as an intergovernmental liaison between the De13 partment and governmental veterans service officers. 

14 (3) Any other recommendations to improve how 

15 the Department monitors, coordinates with, or pro16 vides support to covered governmental veterans service 

17 officers. 

18 (c) DEFINITIONS.—In this section: 

19 (1) The term ‘‘covered governmental veterans 

20 service officer’’ means an employee of a State, county, 

21 municipal, or Tribal government— 

22 (A) who is recognized by the Secretary of 

23 Veterans Affairs as a representative of a veterans 

24 service organization to serve as a veterans service 

25 officer; and 


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1 (B) whose primary responsibilities include 

2 preparing, presenting, and prosecuting before the 

3 Department of Veterans Affairs claims for bene4 fits under laws administered by the Secretary. 

5 (2) The term ‘‘veterans service organization’’ 

6 means an organization recognized by the Secretary 

7 for the representation of veterans under section 5902 

8 of title 38, United States Code. 

9 SEC. 5. BOARD OF VETERANS’ APPEALS INTERNSHIP PRO10 GRAM. 

11 (a) IN GENERAL.—Chapter 71 of title 38, United 

12 States Code, is amended by adding at the end the following 

13 new section: 

14 ‘‘§ 7114. Internship program 

15 ‘‘The Secretary shall establish a competitive internship 

16 program of the Board for individuals enrolled in the first 

17 or second year of law schools accredited by the American 

18 Bar Association.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of chapter 71 of such title is amended by add21 ing at the end the following new item: 

‘‘7114. Internship program.’’. 

22 (c) DEADLINE.—The Secretary of Veterans Affairs 

23 shall establish the internship program required by section 

24 7114 of such title, as added by subsection (a), not later than 

25 one year after the date of the enactment of this Act. 


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1 SEC. 6. BENEFITS FOR PARTICIPANTS IN CERTAIN PRO2 GRAMS OF THE DEPARTMENT OF VETERANS 

3 AFFAIRS. 

4 (a) ESTABLISHMENT.—Not later than one year after 

5 the date of the enactment of this Act, the Secretary of Vet6 erans Affairs shall carry out a program to furnish certain 

7 benefits to covered participants. 

8 (b) BENEFITS: STUDENT LOAN REPAYMENT; REIM9 BURSEMENTS.— 

10 (1) IN GENERAL.—Subject to an agreement 

11 under paragraph (2), the Secretary shall provide to 

12 each covered attorney— 

13 (A) student loan repayment benefits under 

14 section 5379 of title 5, United States Code, in the 

15 case of a covered attorney who is eligible for such 

16 benefits; and 

17 (B) reimbursement for the cost of— 

18 (i) enrollment in a course designed to 

19 prepare an individual for licensure to prac20 tice law in a State; 

21 (ii) sitting for a bar examination in a 

22 State; and 

23 (iii) annual dues required to maintain 

24 membership in the bar of any State. 

25 (2) AGREEMENT.—The Secretary shall enter into 

26 an agreement with a covered attorney who will reVerDate Sep 11 2014 23:47 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1530.RH H1530

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1 ceive benefits under paragraph (1). Each such agree2 ment shall specify that— 

3 (A) the covered attorney agrees to remain in 

4 the service of the Department for a period of not 

5 less than three years, unless involuntarily sepa6 rated; and 

7 (B) if separated involuntarily on account of 

8 misconduct, or voluntarily, before the end of the 

9 period specified in the agreement, the covered at10 torney shall repay to the United States the 

11 amount of any benefits received by the covered 

12 participant under paragraph (1). 

13 (c) PROFESSIONAL DEVELOPMENT ACTIVITIES.— 

14 (1) MENTORSHIP.—Not later than 90 days after 

15 the date on which an individual becomes a covered 

16 participant, the Secretary shall assign the covered 

17 participant a mentor who is an employee of the De18 partment who is— 

19 (A) to the extent practicable, a managerial 

20 employee; and 

21 (B) outside the participant’s chain of com22 mand. 

23 (2) ASSIGNMENTS.—At the election of a covered 

24 participant who has completed at least two years of 


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1 service to the Department, the Secretary shall assign 

2 such covered participant to: 

3 (A) The Office of General Counsel, in a po4 sition— 

5 (i) that includes full-time legal respon6 sibilities in order to further the professional 

7 development of the covered participant; and 

8 (ii) for a period of not less than 120 

9 days and not more than 180 days, or longer 

10 at the discretion of the Secretary. 

11 (B) In the case of a covered participant who 

12 has already held a position described in sub13 paragraph (A), an assignment described in 

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

15 the Board of Veterans’ Appeals. 

16 (3) OTHER ROTATIONAL ASSIGNMENTS.—The 

17 Secretary may provide a covered participant one or 

18 more other short-term rotational assignments. Such 

19 an assignment shall be for a period of not less than 

20 30 days and not more than 180 days, at the discre21 tion of the Secretary. 

22 (d) PERIODIC REPORTS.— 

23 (1) REPORTS REQUIRED.—Not later than three 

24 years after the date on which the Secretary begins to 

25 carry out the program under this section, and not less 


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1 frequently than once every three years thereafter, the 

2 Secretary shall submit to the Committee on Veterans’ 

3 Affairs of the Senate and the Committee on Veterans’ 

4 Affairs of the House of Representatives regarding such 

5 program. 

6 (2) ELEMENTS.—Each report submitted under 

7 paragraph (1) shall include the following elements: 

8 (A) Costs to the United States to provide 

9 benefits under subsection (b). 

10 (B) The rates of retention of covered par11 ticipants compared to other employees of the De12 partment. 

13 (C) Recommendations of the Secretary re14 garding legislative or administrative action to 

15 improve such program. 

16 (e) DEFINITIONS.—In this section: 

17 (1) The term ‘‘covered attorney’’ means an indi18 vidual who— 

19 (A) is a covered participant; 

20 (B) has graduated from a law school accred21 ited by the American Bar Association; and 

22 (C) is a member in good standing of the bar 

23 of a State. 

24 (2) The term ‘‘covered participant’’ means an 

25 individual who participates in— 


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1 (A) the Honors Attorney Program (or suc2 cessor program) of the Office of General Counsel 

3 of the Department of Veterans Affairs; or 

4 (B) the Law Clerk Program (or successor 

5 program) of the Board of Veterans’ Appeals. 

6 (3) The term ‘‘State’’ has the meaning given such 

7 term in section 101 of title 38, United States Code. 

8 SEC. 7. INCREASE IN MAXIMUM NUMBER OF JUDGES AP9 POINTED TO UNITED STATES COURT OF AP10 PEALS FOR VETERANS CLAIMS. 

11 Section 7253(a) of title 38, United States Code, is 

12 amended by striking ‘‘seven’’ and inserting ‘‘nine’’. 

13 SEC. 8. REPORT ON IMPROVING ACCESS TO BOARD OF VET14 ERANS’ APPEALS TELEHEARINGS. 

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

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

17 Affairs shall submit to the Committee on Veterans’ Affairs 

18 of the Senate and the Committee on Veterans’ Affairs of 

19 the House of Representatives a report on improving access 

20 to hearings before the Board of Veterans’ Appeals held by 

21 picture and voice transmission. 

22 (b) CONTENTS.—The report required by subsection (a) 

23 shall include the following: 

24 (1) Recommendations on the feasibility and ad25 visability of reimbursing veterans for expenses inVerDate Sep 11 2014 23:47 Sep 14, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H1530.RH H1530

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1 curred for travel from the home of a veteran to the lo2 cation at which a hearing before the Board of Vet3 erans’ Appeals is held by picture and voice trans4 mission, if the Secretary determines that travel to 

5 such location is reasonably necessary for such a hear6 ing. 

7 (2) Recommendations on establishment of pilot 

8 programs to assess the feasibility and advisability of 

9 using other methods that could improve veteran access 

10 to hearings before the Board of Veterans’ Appeals held 

11 by picture and voice transmission from a veteran’s 

12 home. 

13 (3) Such other recommendations to improve ac14 cess to hearings before the Board of Veterans’ Appeals 

15 held by picture and voice transmission as the Sec16 retary may receive from stakeholders. 


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Union Calendar No. 162 

118TH CONGRESS 

1ST SESSION H. R. 1530 

[Report No. 118–199] 

A BILL 

To amend title 38, United States Code, to improve 

Affairs, and for other purposes. questionnaire forms of Department of Veterans the requirement to publish disability benefit 

SEPTEMBER 14, 2023 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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