II 

111TH CONGRESS 

2D SESSION S. 3517 

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

for disability compensation filed with the Department of Veterans Affairs, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2010 

Mr. AKAKA introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

A BILL 

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

processing of claims for disability compensation filed with 

the Department of Veterans Affairs, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Claims Processing Improvement Act of 2010’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—RATING OF SERVICE-CONNECTED DISABILITIES 

MATTERS 

Sec. 101. Pilot program on evaluation and rating of service-connected disabilities of the musculoskeletal system. 

TITLE II—ADJUDICATION AND APPEAL MATTERS 

Sec. 201. Partial adjudication of claims for disability compensation consisting 

of multiple issues one or more of which can be quickly adjudicated. 

Sec. 202. Clarification that requirement of Secretary of Veterans Affairs to 

provide notice to claimants of additional information and evidence required only applies when additional information or evidence is actually required. 

Sec. 203. Equal deference to private medical opinions in assessing claims for 

disability compensation. 

Sec. 204. Improvements to disability compensation claim review process. 

Sec. 205. Provision by Secretary of Veterans Affairs of notice of disagreement 

forms to initiate appellate review with notices of decisions of 

Department of Veterans Affairs. 

Sec. 206. Modification of filing period for notice of disagreement to initiate appellate review of decisions of Department of Veterans Affairs. 

Sec. 207. Modification of substantive appeal process. 

Sec. 208. Provision of post-notice of disagreement decisions to claimants who 

file notice of disagreements. 

Sec. 209. Automatic waiver of agency of original jurisdiction review of new evidence. 

Sec. 210. Authority for Board of Veterans’ Appeals to determine location and 

manner of appearance for hearings. 

Sec. 211. Decision by Court of Appeals for Veterans Claims on all issues raised 

by appellants. 

Sec. 212. Good cause extension of period for filing notice of appeal with United 

States Court of Appeals for Veterans Claims. 

Sec. 213. Pilot program on participation of local and tribal governments in improving quality of claims for disability compensation submitted 

to Department of Veterans Affairs. 

1 TITLE I—RATING OF SERVICE2 CONNECTED DISABILITIES 

3 MATTERS 

4 SEC. 101. PILOT PROGRAM ON EVALUATION AND RATING 

5 OF SERVICE-CONNECTED DISABILITIES OF 

6 THE MUSCULOSKELETAL SYSTEM. 

7 (a) PILOT PROGRAM REQUIRED.—The Secretary of 

8 Veterans Affairs shall carry out a pilot program to assess 


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1 the feasibility and advisability of applying an alternative 

2 schedule for rating service-connected disabilities of the 

3 musculoskeletal system. 

4 (b) SCHEDULE FOR RATING SERVICE-CONNECTED

5 DISABILITIES.— 

6 (1) IN GENERAL.—Not later than 240 days 

7 after the date of the enactment of this Act, the Sec8 retary shall establish an alternative schedule for rat9 ing service-connected disabilities of the musculo10 skeletal system. 

11 (2) PUBLICATION IN FEDERAL REGISTER.—Not 

12 later than 270 days after the date of the enactment 

13 of this Act, the Secretary shall publish the alter14 native schedule established under paragraph (1) in 

15 the Federal Register. 

16 (3) COLLABORATION.—The Secretary shall es17 tablish the alternative schedule required by para18 graph (1) collaboratively through the Under Sec19 retary for Benefits, the Under Secretary for Health, 

20 and the General Counsel. 

21 (4) ELEMENTS.—The alternative schedule for 

22 rating disabilities under paragraph (1) shall include 

23 the following: 

24 (A) The use of the International Classifica25 tion of Diseases, as adopted by the Secretary of 


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1 Health and Human Services under section 

2 1173(c) of the Social Security Act (42 U.S.C. 

3 1320d–2(c)) and any successor revisions to 

4 such classification so adopted, for purposes of 

5 identifying disabilities of the musculoskeletal 

6 system. 

7 (B) A residual functional capacity assess8 ment instrument to describe the functional 

9 musculoskeletal loss resulting from any dis10 ability of the musculoskeletal system. 

11 (C) Mechanisms for the assignment of one 

12 residual functional capacity rating for all mus13 culoskeletal disabilities determined to be serv14 ice-connected, which mechanisms shall take into 

15 account the following: 

16 (i) Frequency of symptoms affecting 

17 residual functional capacity of the mus18 culoskeletal system, set forth as a range 

19 of— 

20 (I) infrequent (once a year or 

21 less); 

22 (II) several (two to six) times a 

23 year; 

24 (III) occasional (seven to twelve 

25 times a year); 


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1 (IV) weekly; and 

2 (V) daily or continuous. 

3 (ii) Severity of symptoms affecting re4 sidual functional capacity of the musculo5 skeletal system resulting in loss of func6 tional capacity of the musculoskeletal sys7 tem, set forth as a range of— 

8 (I) minimal (symptoms present 

9 but requiring no treatment); 

10 (II) slight (such as requiring 

11 minor alteration of activity or treat12 ment with over-the-counter medica13 tion); 

14 (III) mild (such as requiring rest 

15 of relevant body part and use of over16 the-counter medication, prescription 

17 medication, or therapy, such as ice or 

18 heat to an affected part); 

19 (IV) moderate (such as requiring 

20 medical evaluation and treatment or 

21 prescription medication for pain or 

22 symptom control with side effects 

23 which can be expected to interfere 

24 with full performance of work-related 

25 activities); and 


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1 (V) moderately severe to severe 

2 (such as requiring the need to use as3 sistive devices for ambulation, use of 

4 opiod or similar prescription medica5 tion to control pain which precludes 

6 driving or being around machinery, 

7 in-patient hospitalization or rehabilita8 tion or frequent out-patient treatment 

9 physical therapy, or loss or loss of use 

10 of functional capacity in both arms or 

11 feet, or one arm and one foot, or re12 quiring a wheelchair for mobility). 

13 (iii) Duration of symptoms affecting 

14 residual functional capacity of the mus15 culoskeletal system resulting in reduced 

16 functional capacity of the musculoskeletal 

17 system, set forth as a range of— 

18 (I) one day or less to one week; 

19 (II) more than one week but less 

20 than four weeks; 

21 (III) four weeks or more but less 

22 than six months; 

23 (IV) six months or more but less 

24 than one year; and 

25 (V) one year or more. 


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1 (D) Mechanisms for the assignment of rat2 ings of disability in certain cases as follows: 

3 (i) If the veteran has an active mus4 culoskeletal cancer or other active musculo5 skeletal disability likely to result in death, 

6 a rating of 100 percent. 

7 (ii) If the veteran would qualify for a 

8 temporary disability rating under section 

9 1156 of title 38, United States Code, the 

10 rating provided under that section. 

11 (iii) If the veteran would qualify for a 

12 temporary disability rating under any reg13 ulations prescribed by the Secretary not 

14 provided for under this section, the rating 

15 assigned under such regulations. 

16 (E) Such other mechanisms as the Sec17 retary considers appropriate for the pilot pro18 gram. 

19 (5) FORMS FOR RECORDING RESIDUAL FUNC20 TIONAL CAPACITY ASSESSMENTS.— 

21 (A) IN GENERAL.—The Secretary shall es22 tablish one or more functional capacity assess23 ment forms to be used in performing assess24 ments with the instrument required by para25 graph (4)(B). 


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1 (B) AVAILABILITY.—The Secretary shall 

2 make the forms established under subparagraph 

3 (A) available to the public in an electronic for4 mat for use by any physician or other medical 

5 provider in assessing the residual functional ca6 pacity related to disabilities of the musculo7 skeletal system. 

8 (6) EXEMPTION FROM APA.—The establishment 

9 of the alternative schedule required by paragraph (1) 

10 shall not be subject to the requirements of sub11 chapter II of chapter 5, and chapter 7, of title 5, 

12 United States Code (commonly known as the ‘‘Ad13 ministrative Procedure Act’’). 

14 (c) APPLICATION OF ALTERNATIVE SCHEDULE.— 

15 (1) IN GENERAL.—In carrying out the pilot 

16 program, the Secretary shall apply the alternative 

17 schedule for rating disabilities established under 

18 subsection (b) to veterans described in paragraph 

19 (3) who have a condition of the musculoskeletal sys20 tem that has been determined to be a disability in21 curred or aggravated during military service to de22 termine the rating to be assigned for such disability. 

23 (2) APPLICATION THROUGH REGIONAL OF24 FICES.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 apply the alternative schedule for rating service3 connected disabilities under this subsection 

4 through not fewer than six and not more than 

5 ten regional offices of the Department of Vet6 erans Affairs selected by the Secretary for pur7 poses of the pilot program. 

8 (B) DIVERSITY OF SELECTION.—In select9 ing regional offices under subparagraph (A), 

10 the Secretary shall select— 

11 (i) at least one regional office consid12 ered by the Secretary to be a small office; 

13 (ii) at least one regional office consid14 ered by the Secretary to be a large office; 

15 and 

16 (iii) regional offices representing a va17 riety of geographic settings. 

18 (3) COVERED VETERANS.—Veterans described 

19 in this paragraph are veterans who— 

20 (A) submit to the Secretary more than one 

21 year after their date of discharge or release 

22 from the active military, naval, or air service an 

23 original claim for benefits under the laws ad24 ministered by the Secretary; 


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1 (B) allege in the claim described in sub2 paragraph (A) the existence of a condition of 

3 the musculoskeletal system that was incurred or 

4 aggravated in such military, naval, or air serv5 ice; 

6 (C) file such claim with a regional office of 

7 the Department with original jurisdiction of the 

8 claim that is participating in the pilot program; 

9 and 

10 (D) have not expressly declined participa11 tion in the pilot program. 

12 (4) RELATION TO COMBINED RATINGS

13 TABLE.—A rating assigned for a musculoskeletal 

14 service-connected disability under the pilot program 

15 shall be determined without regard to the Combined 

16 Ratings Table in title 38, Code of Federal Regula17 tions, except that in determining the final rating of 

18 all service-connected disabilities, the rating for mus19 culoskeletal disabilities as determined under the pilot 

20 program shall be combined with any other disabil21 ities using such table. 

22 (5) TREATMENT OF DISABILITY RATINGS FOR

23 LOSS OF BODILY INTEGRITY.—Compensation under 

24 laws administered by the Secretary for a disability 

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1 tablished under subsection (b)(1) shall be, as appli2 cable, in addition to or consistent with any com3 pensation otherwise provided under subsections (k) 

4 through (s) of section 1114 of title 38, United 

5 States Code. 

6 (d) LIMITATIONS ON DENIAL OF SERVICE CONNEC7 TION.—During the pilot program, the Secretary may not 

8 determine a musculoskeletal condition of a veteran to be 

9 not service-connected for purposes of the veteran’s partici10 pation in the pilot program unless the Secretary— 

11 (1) obtains, or receives a report of, a medical 

12 examination of the veteran which— 

13 (A) includes a brief history of the veteran’s 

14 military service relevant to the condition; 

15 (B) identifies the diagnosed musculo16 skeletal disabilities in accordance with the clas17 sification required by subsection (b)(4)(A); and 

18 (C) describes the functional limitations of 

19 such conditions, and if applicable, any sec20 ondary conditions related to such alleged condi21 tions or any non-service connected disability ag22 gravated by the alleged conditions; and 

23 (2) obtains or receives a medical opinion on— 

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1 nected and the active military, naval, or air 

2 service of the veteran; and 

3 (B) if applicable, the relationship between 

4 any service-connected disabilities of the veteran 

5 and any secondary disabilities related to such 

6 disabilities or any non-service connected dis7 ability aggravated by the alleged conditions. 

8 (e) RECORDS.— 

9 (1) IN GENERAL.—The Secretary shall main10 tain for purposes of the pilot program a separate 

11 searchable electronic file on each veteran covered by 

12 the pilot program. 

13 (2) ELEMENTS.—The electronic file maintained 

14 with respect to a veteran under paragraph (1) shall 

15 include for the following: 

16 (A) An index of the documents contained 

17 in the electronic file. 

18 (B) The claim of the veteran for benefits 

19 under the laws administered by the Secretary, 

20 including any reapplication with respect to such 

21 claim. 

22 (C) The service treatment records of the 

23 veteran from medical care received while serv24 ing in the active military, naval, or air service 

25 and any other medical treatment records of the 


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1 veteran from service during periods of active or 

2 inactive duty for training. 

3 (D) The personnel records of service of the 

4 veteran— 

5 (i) in the active military, naval, or air 

6 service; and 

7 (ii) in the reserve components of the 

8 Armed Forces. 

9 (E) Such other private or public medical 

10 records of the veteran as the Secretary con11 siders appropriate. 

12 (F) Records of any medical examinations 

13 and medical opinions on the residual functional 

14 capacity of the musculoskeletal system of the 

15 veteran, including any examinations and opin16 ions obtained under subsection (d). 

17 (G) Records of any medical examinations 

18 and medical opinions concerning any non-mus19 culoskeletal disabilities claimed by the veteran 

20 as service-connected. 

21 (H) Any non-medical evidence applicable to 

22 the claim. 

23 (I) Current information and evidence on 

24 any dependents of the veteran for purposes of 

25 the laws administered by the Secretary. 


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1 (J) Ratings and decisions of the Secretary 

2 with respect to the claims of the veteran. 

3 (K) Information concerning the amount of 

4 compensation paid to the veteran under laws 

5 administered by the Secretary. 

6 (L) Any notices or correspondence sent by 

7 the Secretary to the veteran or any correspond8 ence submitted by the veteran to the Secretary 

9 in connection with the claim that does not con10 tain evidence or information applicable to the 

11 claims of the veteran. 

12 (3) ORGANIZATION.—Each file required by 

13 paragraph (1) shall be stored or displayed with sepa14 rate sections for each element required under para15 graph (2). 

16 (f) TERMINATION OF APPLICATION.—The Secretary 

17 shall cease the application to veterans under subsection 

18 (c) of the alternative schedule for rating service-connected 

19 disabilities under subsection (b) for purposes of the pilot 

20 program on the date that is 4 years after the date of the 

21 enactment of this Act. 

22 (g) PRESERVATION OF RATINGS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), a disability rating assigned under the al25 ternative schedule established under subsection (b) 


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1 shall not be reduced during or after termination of 

2 the pilot program absent evidence of clear and un3 mistakable error in the original assignment of the 

4 rating or evidence of an improvement in the mus5 culoskeletal disability manifested by less frequent, 

6 less severe, or shorter duration of symptoms meas7 ured over a period of at least six months in the year 

8 prior to any re-evaluation. 

9 (2) EXCEPTION.—Paragraph (1) shall not 

10 apply to ratings assigned for temporary periods as 

11 provided in subsection (b)(4)(D). 

12 (h) RELATIONSHIP TO OTHER PROVISIONS OF LAW

13 ADMINISTERED BY THE SECRETARY OF VETERANS AF14 FAIRS.—Except as otherwise specifically provided in this 

15 section, all applicable provisions of law administered by 

16 the Secretary shall apply to decisions of the Secretary 

17 made under the pilot program. 

18 (i) INTERIM REPORT.— 

19 (1) IN GENERAL.—Not later than 300 days 

20 after the date of the enactment of this Act, the Sec21 retary shall submit to the Committee on Veterans’ 

22 Affairs of the Senate and the Committee on Vet23 erans’ Affairs of the House of Representatives an in24 terim report on the pilot program. 


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1 (2) ELEMENTS.—The interim report required 

2 by paragraph (1) shall include the following: 

3 (A) A description of the alternative sched4 ule for rating service-connected disabilities es5 tablished under subsection (b). 

6 (B) The rationale for the alternative sched7 ule as described under subparagraph (A). 

8 (C) A description of the policies and proce9 dures established under the pilot program. 

10 (j) REPORT.— 

11 (1) IN GENERAL.—Not later than 3 years and 

12 180 days after the date of the enactment of this Act, 

13 the Secretary shall submit to the Committee on Vet14 erans’ Affairs of the Senate and the Committee on 

15 Veterans’ Affairs of the House of Representatives a 

16 report on the pilot program. 

17 (2) ELEMENTS.—The report required by para18 graph (1) shall include the following: 

19 (A) A copy of the alternative schedule for 

20 rating service-connected disabilities established 

21 under subsection (b) and any changes made to 

22 such schedule during the pilot program. 

23 (B) A description and assessment of the 

24 application of the alternative schedule for rating 


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1 service-connected disabilities of veterans, includ2 ing— 

3 (i) the total number of veterans to 

4 which the alternative schedule was applied; 

5 (ii) the total number of veterans de6 termined to have a service-connected dis7 ability consisting of a condition of the mus8 culoskeletal system; and 

9 (iii) the ratings of disability assigned 

10 to veterans described in clause (ii), set 

11 forth by percentage of disability assigned. 

12 (C) An assessment of the feasibility and 

13 advisability of applying the alternative schedule 

14 for rating service-connected disabilities to addi15 tional claimants. 

16 (D) A comparison of a representative sam17 ple of decisions rendered by different regional 

18 offices for similar disabilities participating in 

19 the pilot program. 

20 (E) The number of appeals filed for claims 

21 adjudicated under the pilot program. 

22 (F) An assessment of the effectiveness of 

23 the electronic file maintained under subsection 

24 (e) in— 


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1 (i) the adjudication of claims under 

2 the pilot program; and 

3 (ii) improving the efficiency of deci4 sion making by the Department. 

5 (G) Such recommendations for legislative 

6 or administrative action as the Secretary con7 siders appropriate in light of the pilot program. 

8 (k) DEFINITIONS.—In this section: 

9 (1) The term ‘‘active military, naval, or air 

10 service’’ has the meaning given that term in section 

11 101(24) of title 38, United States Code. 

12 (2) The term ‘‘non-service-connected’’, with re13 spect to a disability, has the meaning given that 

14 term in section 101(17) of title 38, United States 

15 Code. 

16 (3) The term ‘‘service-connected’’, with respect 

17 to a disability, has the meaning given that term in 

18 section 101(16) of title 38, United States Code. 


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1 TITLE II—ADJUDICATION AND 

2 APPEAL MATTERS 

3 SEC. 201. PARTIAL ADJUDICATION OF CLAIMS FOR DIS4 ABILITY COMPENSATION CONSISTING OF 

5 MULTIPLE ISSUES ONE OR MORE OF WHICH 

6 CAN BE QUICKLY ADJUDICATED. 

7 (a) IN GENERAL.—Section 1157 of title 38, United 

8 States Code, is amended— 

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

10 the following: 

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

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(b) ASSIGNMENT OF PARTIAL RATINGS.—(1) In the 

15 case of a veteran who submits to the Secretary a claim 

16 for compensation under this chapter for more than one 

17 condition and the Secretary determines that a disability 

18 rating can be assigned without further development for 

19 one or more conditions but not all conditions in the claim, 

20 the Secretary shall— 

21 ‘‘(A) expeditiously assign a disability rating for 

22 the condition or conditions that the Secretary deter23 mined could be assigned without further develop24 ment; and 


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1 ‘‘(B) continue development of the remaining 

2 conditions. 

3 ‘‘(2) If the Secretary is able to assign a disability rat4 ing for a condition described in paragraph (1)(B) with re5 spect to a claim, the Secretary shall assign such rating 

6 and combine such rating with the rating or ratings pre7 viously assigned under paragraph (1)(A) with respect to 

8 that claim.’’. 

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

10 subsection (a) shall take effect on the date of the enact11 ment of this Act, and shall apply with respect to claims 

12 filed on or after the date that is 60 days after the date 

13 of the enactment of this Act. 

14 SEC. 202. CLARIFICATION THAT REQUIREMENT OF SEC15 RETARY OF VETERANS AFFAIRS TO PROVIDE 

16 NOTICE TO CLAIMANTS OF ADDITIONAL IN17 FORMATION AND EVIDENCE REQUIRED ONLY 

18 APPLIES WHEN ADDITIONAL INFORMATION 

19 OR EVIDENCE IS ACTUALLY REQUIRED. 

20 (a) IN GENERAL.—Section 5103(a)(1) of title 38, 

21 United States Code, is amended by striking the first sen22 tence and inserting the following: ‘‘If the Secretary re23 ceives a complete or substantially complete application 

24 that does not include information or medical or lay evi25 dence not previously provided to the Secretary that is necVerDate Mar 15 2010 01:54 Jun 23, 2010 Jkt 089200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S3517.IS S3517

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1 essary to substantiate the claim, the Secretary shall, upon 

2 receipt of such application, notify the claimant and the 

3 claimant’s representative, if any, that such information or 

4 evidence is necessary to substantiate the claim.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall take effect on the date of the enact7 ment of this Act, and shall apply with respect to claims 

8 filed on or after the date that is 60 days after the date 

9 of the enactment of this Act. 

10 SEC. 203. EQUAL DEFERENCE TO PRIVATE MEDICAL OPIN11 IONS IN ASSESSING CLAIMS FOR DISABILITY 

12 COMPENSATION. 

13 (a) PROVISION OF DEFERENCE.— 

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

15 of title 38, United States Code, is amended by in16 serting after section 5103A the following new sec17 tion: 

18 ‘‘§ 5103B. Treatment of private medical opinions 

19 ‘‘(a) IN GENERAL.—If a claimant submits a private 

20 medical opinion in support of a claim for disability com21 pensation in accordance with standards established by the 

22 Secretary, such opinion shall be treated by the Secretary 

23 with the same deference as a medical opinion provided by 

24 a Department health care provider. 


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1 ‘‘(b) SUPPLEMENTAL INFORMATION.—(1) If a pri2 vate medical opinion submitted as described in subsection 

3 (a) is found by the Secretary to be competent, credible, 

4 and probative, but otherwise not entirely adequate for pur5 poses of assigning a disability rating and the Secretary 

6 determines a medical opinion from a Department health 

7 care provider is necessary for such purpose, the Secretary 

8 shall obtain from an appropriate Department health care 

9 provider (as determined pursuant to the standards de10 scribed in subsection (a)) a medical opinion that is ade11 quate for such purposes. 

12 ‘‘(2) If the Secretary obtains a medical opinion from 

13 a Department health care provider under paragraph (1), 

14 the Secretary shall ensure that the medical opinion is ob15 tained from a health care provider of the Department that 

16 has professional qualifications that are at least equal to 

17 the qualifications of the provider of the private medical 

18 opinion described in such paragraph. 

19 ‘‘(c) DEPARTMENT HEALTH CARE PROVIDER DE20 FINED.—In this section, the term ‘Department health care 

21 provider’ includes a provider of health care who provides 

22 health care under contract with the Department.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 51 of such title is 


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1 amended by inserting after the item relating to sec2 tion 5103A the following new item: 

‘‘5103B. Treatment of private medical opinions.’’. 

3 (3) EFFECTIVE DATE.—Section 5103B of such 

4 title, as added by paragraph (1), shall take effect on 

5 the date of the enactment of this Act, and shall 

6 apply with respect to claims pending or filed on or 

7 after the date that is 270 days after the date of the 

8 enactment of this Act. 

9 (b) NOTICE.— 

10 (1) IN GENERAL.—Section 5103(a) of such title 

11 is amended by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) A notice provided under this subsection shall in14 form a claimant, as the Secretary considers appropriate 

15 with respect to the claimant’s claim— 

16 ‘‘(A) of the rights of the claimant to assistance 

17 under section 5103A of this title; and 

18 ‘‘(B) if the claimant submits a private medical 

19 opinion in support of a claim for disability com20 pensation, how such medical opinion will be treated 

21 under section 5103B of this title.’’. 

22 (2) EFFECTIVE DATE.—Paragraph (3) of such 

23 section 5103(a), as added by paragraph (1), shall 

24 take effect on the date that is 270 days after the 

25 date of the enactment of this Act. 


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1 SEC. 204. IMPROVEMENTS TO DISABILITY COMPENSATION 

2 CLAIM REVIEW PROCESS. 

3 (a) ESTABLISHMENT OF FAST TRACK CLAIM RE4 VIEW PROCESS.— 

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

6 of title 38, United States Code, is amended by in7 serting after section 5103B, as added by section 203 

8 of this Act, the following new section: 

9 ‘‘§ 5103C. Expedited review of initial claims for dis10 ability compensation 

11 ‘‘(a) PROCESS REQUIRED.—The Secretary shall es12 tablish a process for the rapid identification of initial 

13 claims for disability compensation that should, in the adju14 dication of such claims, receive priority in the order of re15 view. 

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

17 process required by subsection (a), the Secretary shall as18 sign employees of the Department who are experienced in 

19 the processing of claims for disability compensation to 

20 carry out a preliminary review of all initial claims for dis21 ability compensation submitted to the Secretary in order 

22 to identify whether— 

23 ‘‘(1) the claims have the potential of being ad24 judicated quickly; 

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

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


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1 ‘‘(3) a temporary disability rating could be as2 signed with respect to the claims under section 1156 

3 of this title. 

4 ‘‘(c) PRIORITY IN ADJUDICATION OF INITIAL

5 CLAIMS.—(1) As part of the process required by sub6 section (a) and except as provided in paragraph (2), the 

7 Secretary shall, in the adjudication of initial claims for 

8 disability compensation submitted to the Secretary, give 

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

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

11 of being adjudicated quickly. 

12 ‘‘(2) The Secretary may, under regulations the Sec13 retary shall prescribe, provide priority in the order of re14 view of initial claims for disability compensation for the 

15 adjudication of the following: 

16 ‘‘(A) Initial claims for disability compensation 

17 submitted by homeless claimants. 

18 ‘‘(B) Initial claims for disability compensation 

19 submitted by veterans who are terminally ill. 

20 ‘‘(C) Initial claims for disability compensation 

21 submitted by claimants suffering severe financial 

22 hardship. 

23 ‘‘(D) Partially adjudicated claims for disability 

24 compensation under section 1157(b) of this title.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 51 of such title is 

3 amended by inserting after the item relating to sec4 tion 5103B, as so added, the following new item: 

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

5 (3) EFFECTIVE DATE.—Section 5103C of such 

6 title, as added by paragraph (1), shall take effect on 

7 the date that is 90 days after the date of the enact8 ment of this Act. 

9 (b) AUTHORITY FOR CLAIMANTS TO END DEVELOP10 MENT OF CLAIMS.— 

11 (1) IN GENERAL.—Such subchapter is further 

12 amended by inserting after section 5103C, as added 

13 by subsection (a), the following new section: 

14 ‘‘§ 5103D. Procedures for fully developed claims 

15 ‘‘Upon notification received from a claimant that the 

16 claimant has no additional information or evidence to sub17 mit, the Secretary may determine that the claim is a fully 

18 developed claim. The Secretary shall then undertake any 

19 development necessary for any Federal records, medical 

20 examinations, or opinions relevant to the claim and may 

21 decide the claim based on all the evidence of record.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions at the beginning of chapter 51 of such title is 

24 amended by inserting after the item relating to secVerDate Mar 15 2010 01:54 Jun 23, 2010 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3517.IS S3517

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1 tion 5103C, as added by subsection (a), the fol2 lowing new item: 

‘‘5103D. Procedures for fully developed claims.’’. 

3 (3) EFFECTIVE DATE.—Section 5103D of such 

4 title, as added by paragraph (1), shall take effect on 

5 the date of the enactment of this Act. 

6 SEC. 205. PROVISION BY SECRETARY OF VETERANS AF7 FAIRS OF NOTICE OF DISAGREEMENT FORMS 

8 TO INITIATE APPELLATE REVIEW WITH NO9 TICES OF DECISIONS OF DEPARTMENT OF 

10 VETERANS AFFAIRS. 

11 (a) IN GENERAL.—Section 5104 of title 38, United 

12 States Code, is amended— 

13 (1) in subsection (a), by striking the second 

14 sentence; and 

15 (2) in subsection (b), by striking ‘‘also include 

16 (1) a’’ and all that follows and inserting the fol17 lowing: ‘‘include the following: 

18 ‘‘(1) A statement of the reasons for the deci19 sion. 

20 ‘‘(2) A summary of the evidence relied upon by 

21 the Secretary in making the decision. 

22 ‘‘(3) An explanation of the procedure for ob23 taining review of the decision. 


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1 ‘‘(4) A form that, once completed, can serve as 

2 a notice of disagreement under section 7105(a) of 

3 this title.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 subsection (a) shall take effect on the date that is 180 

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

7 SEC. 206. MODIFICATION OF FILING PERIOD FOR NOTICE 

8 OF DISAGREEMENT TO INITIATE APPELLATE 

9 REVIEW OF DECISIONS OF DEPARTMENT OF 

10 VETERANS AFFAIRS. 

11 (a) FILING OF NOTICE OF DISAGREEMENT BY

12 CLAIMANTS.— 

13 (1) IN GENERAL.—Paragraph (1) of section 

14 7105(b) of title 38, United States Code, is amend15 ed— 

16 (A) by striking ‘‘one year’’ and inserting 

17 ‘‘180 days’’ in the first sentence; and 

18 (B) by striking ‘‘one-year’’ and inserting 

19 ‘‘180-day’’ in the third sentence. 

20 (2) ELECTRONIC FILING.—Such paragraph is 

21 further amended by inserting ‘‘or transmitted by 

22 electronic means’’ after ‘‘postmarked’’. 

23 (3) GOOD CAUSE EXCEPTION FOR UNTIMELY

24 FILING OF NOTICES OF DISAGREEMENT.—Such secVerDate Mar 15 2010 01:54 Jun 23, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3517.IS S3517

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1 tion 7105(b) is amended by adding at the end the 

2 following new paragraph: 

3 ‘‘(3)(A) A notice of disagreement not filed within the 

4 time prescribed by paragraph (1) shall be treated by the 

5 Secretary as timely filed if— 

6 ‘‘(i) the Secretary determines that the claimant, 

7 legal guardian, or other accredited representative, 

8 attorney, or authorized agent filing the notice had 

9 good cause for the lack of filing within such time; 

10 and 

11 ‘‘(ii) the notice of disagreement is filed not later 

12 than 186 days after the period prescribed by para13 graph (1). 

14 ‘‘(B) For purposes of this paragraph, good cause 

15 shall include the following: 

16 ‘‘(i) Circumstances relating to any physical, 

17 mental, educational, or linguistic limitation of the 

18 claimant, legal guardian, representative, attorney, or 

19 authorized agent concerned (including lack of facility 

20 with the English language). 

21 ‘‘(ii) Circumstances relating to significant delay 

22 in the delivery of the initial decision or of the notice 

23 of disagreement caused by natural disaster or fac24 tors relating to geographic location. 


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1 ‘‘(iii) A change in financial circumstances, in2 cluding the payment of medical expenses or other 

3 changes in income or net worth that are considered 

4 in determining eligibility for benefits and services on 

5 an annualized basis for purposes of needs-based ben6 efits under chapters 15 and 17 of this title.’’. 

7 (b) APPLICATION BY DEPARTMENT FOR REVIEW ON

8 APPEAL.—Section 7106 of such title is amended in the 

9 first sentence by striking ‘‘one-year period described in 

10 section 7105’’ and inserting ‘‘period described in section 

11 7105(b)(1)’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect on the date that is 180 days 

14 after the date of the enactment of this Act, and shall apply 

15 with respect to claims filed on or after the date of the 

16 enactment of this Act. 

17 SEC. 207. MODIFICATION OF SUBSTANTIVE APPEAL PROC18 ESS. 

19 (a) IN GENERAL.—Section 7105 of title 38, United 

20 States Code, is amended— 

21 (1) in subsection (d)— 

22 (A) in paragraph (3), by striking ‘‘The 

23 claimant will be afforded’’ and all that follows 

24 through the end of the paragraph; and 


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1 (B) by striking paragraphs (4) and (5); 

2 and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(e)(1) A claimant shall be afforded a period of 60 

6 days from the date the post-notice of disagreement deci7 sion is mailed under subsection (d) to file a substantive 

8 appeal. 

9 ‘‘(2)(A) The period under paragraph (1) may be ex10 tended for an additional 60 days for good cause shown 

11 on a request for such extension submitted in writing with12 in such period. 

13 ‘‘(B) For purposes of this paragraph, good cause 

14 shall include the following: 

15 ‘‘(i) Circumstances relating to any physical, 

16 mental, educational, or linguistic limitation of the 

17 claimant, legal guardian, or other accredited rep18 resentative, attorney, or authorized agent filing the 

19 request (including lack of facility with the English 

20 language). 

21 ‘‘(ii) Circumstances relating to significant delay 

22 in the delivery of the initial decision or of the notice 

23 of disagreement caused by natural disaster or fac24 tors relating to geographic location. 


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1 ‘‘(iii) A change in financial circumstances, in2 cluding the payment of medical expenses or other 

3 changes in income or net worth that are considered 

4 in determining eligibility for benefits and services on 

5 an annualized basis for purposes of needs-based ben6 efits under chapters 15 and 17 of this title. 

7 ‘‘(3) A substantive appeal under this subsection shall 

8 identify the particular determination or determinations 

9 being appealed and allege specific errors of fact or law 

10 made by the agency of original jurisdiction in each deter11 mination being appealed. 

12 ‘‘(4) A claimant in any case under this subsection 

13 may not be presumed to agree with any statement of fact 

14 contained in the post-notice of disagreement decision to 

15 which the claimant does not specifically express disagree16 ment. 

17 ‘‘(5) If the claimant does not file a substantive appeal 

18 in accordance with the provisions of this chapter within 

19 the period afforded under paragraphs (1) and (2), as the 

20 case may be, the agency of original jurisdiction shall dis21 miss the appeal and notify the claimant of the dismissal. 

22 The notice shall include an explanation of the procedure 

23 for obtaining review of the dismissal by the Board of Vet24 erans’ Appeals. 


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1 ‘‘(6) In order to obtain review by the Board of a dis2 missal of an appeal by the agency of original jurisdiction, 

3 a claimant shall file a request for such review with the 

4 Board within the 60-day period beginning on the date on 

5 which notice of the dismissal is mailed pursuant to para6 graph (5). 

7 ‘‘(7) If a claimant does not file a request for review 

8 by the Board in accordance with paragraph (6) within the 

9 prescribed period or if such a request is timely filed and 

10 the Board affirms the dismissal of the appeal, the deter11 mination of the agency of original jurisdiction regarding 

12 the claim for benefits under this title shall become final 

13 and the claim may not thereafter be reopened or allowed, 

14 except as may otherwise be provided by regulations not 

15 inconsistent with this title. 

16 ‘‘(8) If an appeal is not dismissed by the agency of 

17 original jurisdiction, the Board may nonetheless dismiss 

18 any appeal which is— 

19 ‘‘(A) untimely; or 

20 ‘‘(B) fails to allege specific error of fact or law 

21 in the determination being appealed.’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 subsection (a) shall take effect on the date of the enact24 ment of this Act, and shall apply with respect to claims 


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1 filed on or after the date that is 180 days after the date 

2 of the enactment of this Act. 

3 SEC. 208. PROVISION OF POST-NOTICE OF DISAGREEMENT 

4 DECISIONS TO CLAIMANTS WHO FILE NOTICE 

5 OF DISAGREEMENTS. 

6 (a) IN GENERAL.—Section 7105 of title 38, United 

7 States Code, is amended— 

8 (1) by striking ‘‘statement of the case’’ each 

9 place it appears and inserting ‘‘post-notice of dis10 agreement decision’’; and 

11 (2) in subsection (d), as amended by section 

12 207 of this Act— 

13 (A) in paragraph (1), by striking subpara14 graphs (A) through (C) and inserting the fol15 lowing new subparagraphs: 

16 ‘‘(A) A description of the specific facts in the 

17 case that support the agency’s decision, including, if 

18 applicable, an assessment as to the credibility of any 

19 lay evidence pertinent to the issue or issues with 

20 which disagreement has been expressed. 

21 ‘‘(B) A citation to pertinent laws and regula22 tions that support the agency’s decision. 

23 ‘‘(C) A statement that addresses each issue and 

24 provides the reasons why the evidence relied upon 


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1 supports the conclusions of the agency under the 

2 specific laws and regulations applied. 

3 ‘‘(D) The date by which a substantive appeal 

4 must be filed in order to obtain further review of the 

5 decision.’’; and 

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

7 paragraph: 

8 ‘‘(4) The post-notice of disagreement decision shall 

9 be written in plain language.’’. 

10 (b) CONFORMING AMENDMENT.—Section 7105A of 

11 such title is amended by striking ‘‘statement of the case’’ 

12 each place it appears and inserting ‘‘post-notice of dis13 agreement decision’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date that is 180 days 

16 after the date of the enactment of this Act, and shall apply 

17 with respect to notices of disagreements filed on or after 

18 the date that is 180 days after the date of the enactment 

19 of this Act. 

20 SEC. 209. AUTOMATIC WAIVER OF AGENCY OF ORIGINAL 

21 JURISDICTION REVIEW OF NEW EVIDENCE. 

22 (a) IN GENERAL.—Section 7105 of title 38, United 

23 States Code, as amended by section 207 of this Act, is 

24 further amended by adding at the end the following new 

25 subsection: 


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1 ‘‘(f) If, either at the time or after the agency of origi2 nal jurisdiction receives a substantive appeal, the claimant 

3 or the claimant’s representative, if any, submits evidence 

4 to either the agency of original jurisdiction or the Board 

5 of Veterans’ Appeals for consideration in connection with 

6 the issue or issues with which disagreement has been ex7 pressed, such evidence shall be subject to initial review by 

8 the Board unless the claimant or the claimant’s represent9 ative, as the case may be, requests in writing that the 

10 agency of original jurisdiction initially review such evi11 dence. Such request for review shall accompany the sub12 mittal of the evidence or be made within 30 days of the 

13 submittal.’’. 

14 (b) EFFECTIVE DATE.—Subsection (f) of such sec15 tion, as added by subsection (a), shall take effect on the 

16 date that is 180 days after the date of the enactment of 

17 this Act, and shall apply with respect to claims for which 

18 a substantive appeal is filed on or after the date that is 

19 180 days after the date of the enactment of this Act. 

20 SEC. 210. AUTHORITY FOR BOARD OF VETERANS’ APPEALS 

21 TO DETERMINE LOCATION AND MANNER OF 

22 APPEARANCE FOR HEARINGS. 

23 (a) LOCATION.—Subsection (d) of section 7107 of 

24 title 38, United States Code, is amended— 


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1 (1) in paragraph (1), by striking ‘‘An appel2 lant’’ and all that follows through the end and in3 serting the following: ‘‘Upon request by an appellant 

4 for a hearing before the Board, the Board shall de5 termine whether the hearing will be held at its prin6 cipal location or at a facility of the Department, or 

7 other appropriate Federal facility, located within the 

8 area served by a regional office of the Department 

9 as the Secretary considers most appropriate to 

10 schedule the earliest possible date for the hearing.’’; 

11 and 

12 (2) by adding at the end the following new 

13 paragraph: 

14 ‘‘(4) A determination by the Board under paragraph 

15 (1) with respect to the location of a hearing shall be final 

16 unless the appellant demonstrates, on motion, good cause 

17 or special circumstances warranting a different location.’’. 

18 (b) MANNER OF APPEARANCE.—Subsection (e) of 

19 such section is amended— 

20 (1) in paragraph (2)— 

21 (A) by striking ‘‘afford the appellant an 

22 opportunity’’ and inserting ‘‘, as the Chairman 

23 determines appropriate, require the appellant’’; 

24 and 

25 (B) by striking the last sentence; and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) A determination by the Chairman under para4 graph (2) with respect to the participation of an appellant 

5 in a hearing shall be final unless the appellant dem6 onstrates, on motion, good cause or special circumstances 

7 warranting a different determination.’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on the date that is 180 days 

10 after the date of the enactment of this Act, and shall apply 

11 with respect to requests for hearings filed on or after the 

12 date that is 180 days after the date of the enactment of 

13 this Act. 

14 SEC. 211. DECISION BY COURT OF APPEALS FOR VETERANS 

15 CLAIMS ON ALL ISSUES RAISED BY APPEL16 LANTS. 

17 Section 7261 of title 38, United States Code, is 

18 amended— 

19 (1) in subsection (a), in the matter before para20 graph (1), by striking ‘‘, to the extent necessary to 

21 its decision and when presented, shall’’ and inserting 

22 ‘‘shall, when presented’’; 

23 (2) by redesignating subsections (c) and (d) as 

24 subsections (d) and (e), respectively; and 


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1 (3) by inserting after subsection (b) the fol2 lowing new subsection (c): 

3 ‘‘(c) In carrying out a review of a decision of the 

4 Board of Veterans’ Appeals, the Court shall render a deci5 sion on every issue raised by an appellant within the ex6 tent set forth in this section.’’. 

7 SEC. 212. GOOD CAUSE EXTENSION OF PERIOD FOR FILING 

8 NOTICE OF APPEAL WITH UNITED STATES 

9 COURT OF APPEALS FOR VETERANS CLAIMS. 

10 (a) IN GENERAL.—Section 7266 of title 38, United 

11 States Code, is amended— 

12 (1) by redesignating subsections (b), (c), and 

13 (d) as subsections (c), (d), and (e), respectively; 

14 (2) by inserting after subsection (a) the fol15 lowing new subsection (b): 

16 ‘‘(b)(1) The Court may extend the initial period for 

17 the filing of a notice of appeal set forth in subsection (a) 

18 for an additional period not to exceed 120 days from the 

19 expiration of such initial period upon a motion— 

20 ‘‘(A) filed with the Court not later than 120 

21 days after the expiration of such initial period; and 

22 ‘‘(B) showing good cause for such extension. 

23 ‘‘(2) If a motion for extension under paragraph (1) 

24 is filed after expiration of the initial period for the filing 

25 of a notice of appeal set forth in subsection (a), the notice 


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1 of appeal shall be filed concurrently with, or prior to, the 

2 filing of the motion.’’; and 

3 (3) in subsection (e), as redesignated by para4 graph (1), by striking ‘‘subsection (c)(2)’’ and in5 serting ‘‘subsection (d)(2)’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 subsection (a) shall take effect on the date of the enact8 ment of this Act and shall apply with respect to notices 

9 of appeal filed on or after the date of the enactment of 

10 this Act. 

11 SEC. 213. PILOT PROGRAM ON PARTICIPATION OF LOCAL 

12 AND TRIBAL GOVERNMENTS IN IMPROVING 

13 QUALITY OF CLAIMS FOR DISABILITY COM14 PENSATION SUBMITTED TO DEPARTMENT OF 

15 VETERANS AFFAIRS. 

16 (a) PILOT PROGRAM REQUIRED.—The Secretary of 

17 Veterans Affairs shall carry out a pilot program to assess 

18 the feasibility and advisability of entering into memoran19 dums of understanding with local governments and tribal 

20 organizations— 

21 (1) to improve the quality of claims submitted 

22 to the Secretary for compensation under chapter 11 

23 of title 38, United States Code; and 


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1 (2) to provide assistance to veterans who may 

2 be eligible for such compensation in submitting such 

3 claims. 

4 (b) MINIMUM NUMBER OF PARTICIPATING TRIBAL

5 ORGANIZATIONS.—In carrying out the pilot program re6 quired by subsection (a), the Secretary shall enter into 

7 memorandums of understanding with at least two tribal 

8 organizations. 

9 (c) TRIBAL ORGANIZATION DEFINED.—In this sec10 tion, the term ‘‘tribal organization’’ has the meaning given 

11 that term in section 3765 of title 38, United States Code. 

Æ 


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