II 

Calendar No. 654 

111TH CONGRESS 

2D SESSION S. 3517 

[Report No. 111–354] 

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 (for himself, Mrs. MURRAY, Mr. SCHUMER, Mr. ROCKEFELLER, 

and Mrs. SHAHEEN) introduced the following bill; which was read twice 

and referred to the Committee on Veterans’ Affairs 

NOVEMBER 29, 2010 

Reported by Mr. AKAKA, with an amendment 

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

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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. 


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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 

9 the feasibility and advisability of applying an alternative 

10 schedule for rating service-connected disabilities of the 

11 musculoskeletal system. 

12 (b) SCHEDULE FOR RATING SERVICE-CONNECTED

13 DISABILITIES.— 

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

15 after the date of the enactment of this Act, the Sec16 retary shall establish an alternative schedule for rat17 ing service-connected disabilities of the musculo18 skeletal system. 

19 (2) PUBLICATION IN FEDERAL REGISTER.—Not 

20 later than 270 days after the date of the enactment 

21 of this Act, the Secretary shall publish the alter22 native schedule established under paragraph (1) in 

23 the Federal Register. 

24 (3) COLLABORATION.—The Secretary shall es25 tablish the alternative schedule required by paraVerDate Mar 15 2010 03:13 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S3517.RS S3517

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1 graph (1) collaboratively through the Under Sec2 retary for Benefits, the Under Secretary for Health, 

3 and the General Counsel. 

4 (4) ELEMENTS.—The alternative schedule for 

5 rating disabilities under paragraph (1) shall include 

6 the following: 

7 (A) The use of the International Classifica8 tion of Diseases, as adopted by the Secretary of 

9 Health and Human Services under section 

10 1173(c) of the Social Security Act (42 U.S.C. 

11 1320d–2(c)) and any successor revisions to 

12 such classification so adopted, for purposes of 

13 identifying disabilities of the musculoskeletal 

14 system. 

15 (B) A residual functional capacity assess16 ment instrument to describe the functional 

17 musculoskeletal loss resulting from any dis18 ability of the musculoskeletal system. 

19 (C) Mechanisms for the assignment of one 

20 residual functional capacity rating for all mus21 culoskeletal disabilities determined to be serv22 ice-connected, which mechanisms shall take into 

23 account the following: 

24 (i) Frequency of symptoms affecting 

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1 culoskeletal system, set forth as a range 

2 of— 

3 (I) infrequent (once a year or 

4 less); 

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

6 year; 

7 (III) occasional (seven to twelve 

8 times a year); 

9 (IV) weekly; and 

10 (V) daily or continuous. 

11 (ii) Severity of symptoms affecting re12 sidual functional capacity of the musculo13 skeletal system resulting in loss of func14 tional capacity of the musculoskeletal sys15 tem, set forth as a range of— 

16 (I) minimal (symptoms present 

17 but requiring no treatment); 

18 (II) slight (such as requiring 

19 minor alteration of activity or treat20 ment with over-the-counter medica21 tion); 

22 (III) mild (such as requiring rest 

23 of relevant body part and use of over24 the-counter medication, prescription 


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1 medication, or therapy, such as ice or 

2 heat to an affected part); 

3 (IV) moderate (such as requiring 

4 medical evaluation and treatment or 

5 prescription medication for pain or 

6 symptom control with side effects 

7 which can be expected to interfere 

8 with full performance of work-related 

9 activities); and 

10 (V) moderately severe to severe 

11 (such as requiring the need to use as12 sistive devices for ambulation, use of 

13 opiod or similar prescription medica14 tion to control pain which precludes 

15 driving or being around machinery, 

16 in-patient hospitalization or rehabilita17 tion or frequent out-patient treatment 

18 physical therapy, or loss or loss of use 

19 of functional capacity in both arms or 

20 feet, or one arm and one foot, or re21 quiring a wheelchair for mobility). 

22 (iii) Duration of symptoms affecting 

23 residual functional capacity of the mus24 culoskeletal system resulting in reduced 


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1 functional capacity of the musculoskeletal 

2 system, set forth as a range of— 

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

4 (II) more than one week but less 

5 than four weeks; 

6 (III) four weeks or more but less 

7 than six months; 

8 (IV) six months or more but less 

9 than one year; and 

10 (V) one year or more. 

11 (D) Mechanisms for the assignment of rat12 ings of disability in certain cases as follows: 

13 (i) If the veteran has an active mus14 culoskeletal cancer or other active musculo15 skeletal disability likely to result in death, 

16 a rating of 100 percent. 

17 (ii) If the veteran would qualify for a 

18 temporary disability rating under section 

19 1156 of title 38, United States Code, the 

20 rating provided under that section. 

21 (iii) If the veteran would qualify for a 

22 temporary disability rating under any reg23 ulations prescribed by the Secretary not 

24 provided for under this section, the rating 

25 assigned under such regulations. 


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1 (E) Such other mechanisms as the Sec2 retary considers appropriate for the pilot pro3 gram. 

4 (5) FORMS FOR RECORDING RESIDUAL FUNC5 TIONAL CAPACITY ASSESSMENTS.— 

6 (A) IN GENERAL.—The Secretary shall es7 tablish one or more functional capacity assess8 ment forms to be used in performing assess9 ments with the instrument required by para10 graph (4)(B). 

11 (B) AVAILABILITY.—The Secretary shall 

12 make the forms established under subparagraph 

13 (A) available to the public in an electronic for14 mat for use by any physician or other medical 

15 provider in assessing the residual functional ca16 pacity related to disabilities of the musculo17 skeletal system. 

18 (6) EXEMPTION FROM APA.—The establishment 

19 of the alternative schedule required by paragraph (1) 

20 shall not be subject to the requirements of sub21 chapter II of chapter 5, and chapter 7, of title 5, 

22 United States Code (commonly known as the ‘‘Ad23 ministrative Procedure Act’’). 

24 (c) APPLICATION OF ALTERNATIVE SCHEDULE.— 


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

2 program, the Secretary shall apply the alternative 

3 schedule for rating disabilities established under 

4 subsection (b) to veterans described in paragraph 

5 (3) who have a condition of the musculoskeletal sys6 tem that has been determined to be a disability in7 curred or aggravated during military service to de8 termine the rating to be assigned for such disability. 

9 (2) APPLICATION THROUGH REGIONAL OF10 FICES.— 

11 (A) IN GENERAL.—The Secretary shall 

12 apply the alternative schedule for rating service13 connected disabilities under this subsection 

14 through not fewer than six and not more than 

15 ten regional offices of the Department of Vet16 erans Affairs selected by the Secretary for pur17 poses of the pilot program. 

18 (B) DIVERSITY OF SELECTION.—In select19 ing regional offices under subparagraph (A), 

20 the Secretary shall select— 

21 (i) at least one regional office consid22 ered by the Secretary to be a small office; 

23 (ii) at least one regional office consid24 ered by the Secretary to be a large office; 

25 and 


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1 (iii) regional offices representing a va2 riety of geographic settings. 

3 (3) COVERED VETERANS.—Veterans described 

4 in this paragraph are veterans who— 

5 (A) submit to the Secretary more than one 

6 year after their date of discharge or release 

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

8 original claim for benefits under the laws ad9 ministered by the Secretary; 

10 (B) allege in the claim described in sub11 paragraph (A) the existence of a condition of 

12 the musculoskeletal system that was incurred or 

13 aggravated in such military, naval, or air serv14 ice; 

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

16 the Department with original jurisdiction of the 

17 claim that is participating in the pilot program; 

18 and 

19 (D) have not expressly declined participa20 tion in the pilot program. 

21 (4) RELATION TO COMBINED RATINGS

22 TABLE.—A rating assigned for a musculoskeletal 

23 service-connected disability under the pilot program 

24 shall be determined without regard to the Combined 

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1 tions, except that in determining the final rating of 

2 all service-connected disabilities, the rating for mus3 culoskeletal disabilities as determined under the pilot 

4 program shall be combined with any other disabil5 ities using such table. 

6 (5) TREATMENT OF DISABILITY RATINGS FOR

7 LOSS OF BODILY INTEGRITY.—Compensation under 

8 laws administered by the Secretary for a disability 

9 receiving a disability rating under the schedule es10 tablished under subsection (b)(1) shall be, as appli11 cable, in addition to or consistent with any com12 pensation otherwise provided under subsections (k) 

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

14 States Code. 

15 (d) LIMITATIONS ON DENIAL OF SERVICE CONNEC16 TION.—During the pilot program, the Secretary may not 

17 determine a musculoskeletal condition of a veteran to be 

18 not service-connected for purposes of the veteran’s partici19 pation in the pilot program unless the Secretary— 

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

21 examination of the veteran which— 

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

23 military service relevant to the condition; 


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1 (B) identifies the diagnosed musculo2 skeletal disabilities in accordance with the clas3 sification required by subsection (b)(4)(A); and 

4 (C) describes the functional limitations of 

5 such conditions, and if applicable, any sec6 ondary conditions related to such alleged condi7 tions or any non-service connected disability ag8 gravated by the alleged conditions; and 

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

10 (A) the nexus between any diagnosed mus11 culoskeletal condition alleged to be service-con12 nected and the active military, naval, or air 

13 service of the veteran; and 

14 (B) if applicable, the relationship between 

15 any service-connected disabilities of the veteran 

16 and any secondary disabilities related to such 

17 disabilities or any non-service connected dis18 ability aggravated by the alleged conditions. 

19 (e) RECORDS.— 

20 (1) IN GENERAL.—The Secretary shall main21 tain for purposes of the pilot program a separate 

22 searchable electronic file on each veteran covered by 

23 the pilot program. 


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1 (2) ELEMENTS.—The electronic file maintained 

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

3 include for the following: 

4 (A) An index of the documents contained 

5 in the electronic file. 

6 (B) The claim of the veteran for benefits 

7 under the laws administered by the Secretary, 

8 including any reapplication with respect to such 

9 claim. 

10 (C) The service treatment records of the 

11 veteran from medical care received while serv12 ing in the active military, naval, or air service 

13 and any other medical treatment records of the 

14 veteran from service during periods of active or 

15 inactive duty for training. 

16 (D) The personnel records of service of the 

17 veteran— 

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

19 service; and 

20 (ii) in the reserve components of the 

21 Armed Forces. 

22 (E) Such other private or public medical 

23 records of the veteran as the Secretary con24 siders appropriate. 


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1 (F) Records of any medical examinations 

2 and medical opinions on the residual functional 

3 capacity of the musculoskeletal system of the 

4 veteran, including any examinations and opin5 ions obtained under subsection (d). 

6 (G) Records of any medical examinations 

7 and medical opinions concerning any non-mus8 culoskeletal disabilities claimed by the veteran 

9 as service-connected. 

10 (H) Any non-medical evidence applicable to 

11 the claim. 

12 (I) Current information and evidence on 

13 any dependents of the veteran for purposes of 

14 the laws administered by the Secretary. 

15 (J) Ratings and decisions of the Secretary 

16 with respect to the claims of the veteran. 

17 (K) Information concerning the amount of 

18 compensation paid to the veteran under laws 

19 administered by the Secretary. 

20 (L) Any notices or correspondence sent by 

21 the Secretary to the veteran or any correspond22 ence submitted by the veteran to the Secretary 

23 in connection with the claim that does not con24 tain evidence or information applicable to the 

25 claims of the veteran. 


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1 (3) ORGANIZATION.—Each file required by 

2 paragraph (1) shall be stored or displayed with sepa3 rate sections for each element required under para4 graph (2). 

5 (f) TERMINATION OF APPLICATION.—The Secretary 

6 shall cease the application to veterans under subsection 

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

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

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

10 enactment of this Act. 

11 (g) PRESERVATION OF RATINGS.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), a disability rating assigned under the al14 ternative schedule established under subsection (b) 

15 shall not be reduced during or after termination of 

16 the pilot program absent evidence of clear and un17 mistakable error in the original assignment of the 

18 rating or evidence of an improvement in the mus19 culoskeletal disability manifested by less frequent, 

20 less severe, or shorter duration of symptoms meas21 ured over a period of at least six months in the year 

22 prior to any re-evaluation. 

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

24 apply to ratings assigned for temporary periods as 

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


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1 (h) RELATIONSHIP TO OTHER PROVISIONS OF LAW

2 ADMINISTERED BY THE SECRETARY OF VETERANS AF3 FAIRS.—Except as otherwise specifically provided in this 

4 section, all applicable provisions of law administered by 

5 the Secretary shall apply to decisions of the Secretary 

6 made under the pilot program. 

7 (i) INTERIM REPORT.— 

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

9 after the date of the enactment of this Act, the Sec10 retary shall submit to the Committee on Veterans’ 

11 Affairs of the Senate and the Committee on Vet12 erans’ Affairs of the House of Representatives an in13 terim report on the pilot program. 

14 (2) ELEMENTS.—The interim report required 

15 by paragraph (1) shall include the following: 

16 (A) A description of the alternative sched17 ule for rating service-connected disabilities es18 tablished under subsection (b). 

19 (B) The rationale for the alternative sched20 ule as described under subparagraph (A). 

21 (C) A description of the policies and proce22 dures established under the pilot program. 

23 (j) REPORT.— 

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

25 180 days after the date of the enactment of this Act, 


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1 the Secretary shall submit to the Committee on Vet2 erans’ Affairs of the Senate and the Committee on 

3 Veterans’ Affairs of the House of Representatives a 

4 report on the pilot program. 

5 (2) ELEMENTS.—The report required by para6 graph (1) shall include the following: 

7 (A) A copy of the alternative schedule for 

8 rating service-connected disabilities established 

9 under subsection (b) and any changes made to 

10 such schedule during the pilot program. 

11 (B) A description and assessment of the 

12 application of the alternative schedule for rating 

13 service-connected disabilities of veterans, includ14 ing— 

15 (i) the total number of veterans to 

16 which the alternative schedule was applied; 

17 (ii) the total number of veterans de18 termined to have a service-connected dis19 ability consisting of a condition of the mus20 culoskeletal system; and 

21 (iii) the ratings of disability assigned 

22 to veterans described in clause (ii), set 

23 forth by percentage of disability assigned. 

24 (C) An assessment of the feasibility and 

25 advisability of applying the alternative schedule 


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1 for rating service-connected disabilities to addi2 tional claimants. 

3 (D) A comparison of a representative sam4 ple of decisions rendered by different regional 

5 offices for similar disabilities participating in 

6 the pilot program. 

7 (E) The number of appeals filed for claims 

8 adjudicated under the pilot program. 

9 (F) An assessment of the effectiveness of 

10 the electronic file maintained under subsection 

11 (e) in— 

12 (i) the adjudication of claims under 

13 the pilot program; and 

14 (ii) improving the efficiency of deci15 sion making by the Department. 

16 (G) Such recommendations for legislative 

17 or administrative action as the Secretary con18 siders appropriate in light of the pilot program. 

19 (k) DEFINITIONS.—In this section: 

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

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

22 101(24) of title 38, United States Code. 

23 (2) The term ‘‘non-service-connected’’, with re24 spect to a disability, has the meaning given that 


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

2 Code. 

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

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

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

6 TITLE II—ADJUDICATION AND 

7 APPEAL MATTERS 

8 SEC. 201. PARTIAL ADJUDICATION OF CLAIMS FOR DIS9 ABILITY COMPENSATION CONSISTING OF 

10 MULTIPLE ISSUES ONE OR MORE OF WHICH 

11 CAN BE QUICKLY ADJUDICATED. 

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

13 States Code, is amended— 

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

15 the following: 

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

17 (2) by adding at the end the following new sub18 section: 

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

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

21 for compensation under this chapter for more than one 

22 condition and the Secretary determines that a disability 

23 rating can be assigned without further development for 

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

25 the Secretary shall— 


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

2 the condition or conditions that the Secretary deter3 mined could be assigned without further develop4 ment; and 

5 ‘‘(B) continue development of the remaining 

6 conditions. 

7 ‘‘(2) If the Secretary is able to assign a disability rat8 ing for a condition described in paragraph (1)(B) with re9 spect to a claim, the Secretary shall assign such rating 

10 and combine such rating with the rating or ratings pre11 viously assigned under paragraph (1)(A) with respect to 

12 that claim.’’. 

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

14 subsection (a) shall take effect on the date of the enact15 ment of this Act, and shall apply with respect to claims 

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

17 of the enactment of this Act. 

18 SEC. 202. CLARIFICATION THAT REQUIREMENT OF SEC19 RETARY OF VETERANS AFFAIRS TO PROVIDE 

20 NOTICE TO CLAIMANTS OF ADDITIONAL IN21 FORMATION AND EVIDENCE REQUIRED ONLY 

22 APPLIES WHEN ADDITIONAL INFORMATION 

23 OR EVIDENCE IS ACTUALLY REQUIRED. 

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

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1 tence and inserting the following: ‘‘If the Secretary re2 ceives a complete or substantially complete application 

3 that does not include information or medical or lay evi4 dence not previously provided to the Secretary that is nec5 essary to substantiate the claim, the Secretary shall, upon 

6 receipt of such application, notify the claimant and the 

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

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

9 (b) EFFECTIVE DATE.—The amendment 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. 203. EQUAL DEFERENCE TO PRIVATE MEDICAL OPIN15 IONS IN ASSESSING CLAIMS FOR DISABILITY 

16 COMPENSATION. 

17 (a) PROVISION OF DEFERENCE.— 

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

19 of title 38, United States Code, is amended by in20 serting after section 5103A the following new sec21 tion: 

22 ‘‘§ 5103B. Treatment of private medical opinions 

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

24 medical opinion in support of a claim for disability com25 pensation in accordance with standards established by the 


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1 Secretary, such opinion shall be treated by the Secretary 

2 with the same deference as a medical opinion provided by 

3 a Department health care provider. 

4 ‘‘(b) SUPPLEMENTAL INFORMATION.—(1) If a pri5 vate medical opinion submitted as described in subsection 

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

7 and probative, but otherwise not entirely adequate for pur8 poses of assigning a disability rating and the Secretary 

9 determines a medical opinion from a Department health 

10 care provider is necessary for such purpose, the Secretary 

11 shall obtain from an appropriate Department health care 

12 provider (as determined pursuant to the standards de13 scribed in subsection (a)) a medical opinion that is ade14 quate for such purposes. 

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

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

17 the Secretary shall ensure that the medical opinion is ob18 tained from a health care provider of the Department that 

19 has professional qualifications that are at least equal to 

20 the qualifications of the provider of the private medical 

21 opinion described in such paragraph. 

22 ‘‘(c) DEPARTMENT HEALTH CARE PROVIDER DE23 FINED.—In this section, the term ‘Department health care 

24 provider’ includes a provider of health care who provides 

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


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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 5103A the following new item: 

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

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

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

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

8 apply with respect to claims pending or filed on or 

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

10 enactment of this Act. 

11 (b) NOTICE.— 

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

13 is amended by adding at the end the following new 

14 paragraph: 

15 ‘‘(3) A notice provided under this subsection shall in16 form a claimant, as the Secretary considers appropriate 

17 with respect to the claimant’s claim— 

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

19 under section 5103A of this title; and 

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

21 opinion in support of a claim for disability com22 pensation, how such medical opinion will be treated 

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

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

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


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

2 date of the enactment of this Act. 

3 SEC. 204. IMPROVEMENTS TO DISABILITY COMPENSATION 

4 CLAIM REVIEW PROCESS. 

5 (a) ESTABLISHMENT OF FAST TRACK CLAIM RE6 VIEW PROCESS.— 

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

8 of title 38, United States Code, is amended by in9 serting after section 5103B, as added by section 203 

10 of this Act, the following new section: 

11 ‘‘§ 5103C. Expedited review of initial claims for dis12 ability compensation 

13 ‘‘(a) PROCESS REQUIRED.—The Secretary shall es14 tablish a process for the rapid identification of initial 

15 claims for disability compensation that should, in the adju16 dication of such claims, receive priority in the order of re17 view. 

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

19 process required by subsection (a), the Secretary shall as20 sign employees of the Department who are experienced in 

21 the processing of claims for disability compensation to 

22 carry out a preliminary review of all initial claims for dis23 ability compensation submitted to the Secretary in order 

24 to identify whether— 


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1 ‘‘(1) the claims have the potential of being ad2 judicated quickly; 

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

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

5 ‘‘(3) a temporary disability rating could be as6 signed with respect to the claims under section 1156 

7 of this title. 

8 ‘‘(c) PRIORITY IN ADJUDICATION OF INITIAL

9 CLAIMS.—(1) As part of the process required by sub10 section (a) and except as provided in paragraph (2), the 

11 Secretary shall, in the adjudication of initial claims for 

12 disability compensation submitted to the Secretary, give 

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

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

15 of being adjudicated quickly. 

16 ‘‘(2) The Secretary may, under regulations the Sec17 retary shall prescribe, provide priority in the order of re18 view of initial claims for disability compensation for the 

19 adjudication of the following: 

20 ‘‘(A) Initial claims for disability compensation 

21 submitted by homeless claimants. 

22 ‘‘(B) Initial claims for disability compensation 

23 submitted by veterans who are terminally ill. 


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1 ‘‘(C) Initial claims for disability compensation 

2 submitted by claimants suffering severe financial 

3 hardship. 

4 ‘‘(D) Partially adjudicated claims for disability 

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

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 51 of such title is 

8 amended by inserting after the item relating to sec9 tion 5103B, as so added, the following new item: 

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

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

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

12 the date that is 90 days after the date of the enact13 ment of this Act. 

14 (b) AUTHORITY FOR CLAIMANTS TO END DEVELOP15 MENT OF CLAIMS.— 

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

17 amended by inserting after section 5103C, as added 

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

19 ‘‘§ 5103D. Procedures for fully developed claims 

20 ‘‘Upon notification received from a claimant that the 

21 claimant has no additional information or evidence to sub22 mit, the Secretary may determine that the claim is a fully 

23 developed claim. The Secretary shall then undertake any 

24 development necessary for any Federal records, medical 


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1 examinations, or opinions relevant to the claim and may 

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

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 51 of such title is 

5 amended by inserting after the item relating to sec6 tion 5103C, as added by subsection (a), the fol7 lowing new item: 

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

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

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

10 the date of the enactment of this Act. 

11 SEC. 205. PROVISION BY SECRETARY OF VETERANS AF12 FAIRS OF NOTICE OF DISAGREEMENT FORMS 

13 TO INITIATE APPELLATE REVIEW WITH NO14 TICES OF DECISIONS OF DEPARTMENT OF 

15 VETERANS AFFAIRS. 

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

17 States Code, is amended— 

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

19 sentence; and 

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

21 (1) a’’ and all that follows and inserting the fol22 lowing: ‘‘include the following: 

23 ‘‘(1) A statement of the reasons for the deci24 sion. 


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

2 the Secretary in making the decision. 

3 ‘‘(3) An explanation of the procedure for ob4 taining review of the decision. 

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

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

7 this title.’’. 

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

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

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

11 SEC. 206. MODIFICATION OF FILING PERIOD FOR NOTICE 

12 OF DISAGREEMENT TO INITIATE APPELLATE 

13 REVIEW OF DECISIONS OF DEPARTMENT OF 

14 VETERANS AFFAIRS. 

15 (a) FILING OF NOTICE OF DISAGREEMENT BY

16 CLAIMANTS.— 

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

18 7105(b) of title 38, United States Code, is amend19 ed— 

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

21 ‘‘180 days’’ in the first sentence; and 

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

23 ‘‘180-day’’ in the third sentence. 


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1 (2) ELECTRONIC FILING.—Such paragraph is 

2 further amended by inserting ‘‘or transmitted by 

3 electronic means’’ after ‘‘postmarked’’. 

4 (3) GOOD CAUSE EXCEPTION FOR UNTIMELY

5 FILING OF NOTICES OF DISAGREEMENT.—Such sec6 tion 7105(b) is amended by adding at the end the 

7 following new paragraph: 

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

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

10 Secretary as timely filed if— 

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

12 legal guardian, or other accredited representative, 

13 attorney, or authorized agent filing the notice had 

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

15 and 

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

17 than 186 days after the period prescribed by para18 graph (1). 

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

20 shall include the following: 

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

22 mental, educational, or linguistic limitation of the 

23 claimant, legal guardian, representative, attorney, or 

24 authorized agent concerned (including lack of facility 

25 with the English language). 


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1 ‘‘(ii) Circumstances relating to significant delay 

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

3 of disagreement caused by natural disaster or fac4 tors relating to geographic location. 

5 ‘‘(iii) A change in financial circumstances, in6 cluding the payment of medical expenses or other 

7 changes in income or net worth that are considered 

8 in determining eligibility for benefits and services on 

9 an annualized basis for purposes of needs-based ben10 efits under chapters 15 and 17 of this title.’’. 

11 (b) APPLICATION BY DEPARTMENT FOR REVIEW ON

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

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

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

15 7105(b)(1)’’. 

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

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

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

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

20 enactment of this Act. 

21 SEC. 207. MODIFICATION OF SUBSTANTIVE APPEAL PROC22 ESS. 

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

24 States Code, is amended— 

25 (1) in subsection (d)— 


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

2 claimant will be afforded’’ and all that follows 

3 through the end of the paragraph; and 

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

5 and 

6 (2) by adding at the end the following new sub7 section: 

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

9 days from the date the post-notice of disagreement deci10 sion is mailed under subsection (d) to file a substantive 

11 appeal. 

12 ‘‘(2)(A) The period under paragraph (1) may be ex13 tended for an additional 60 days for good cause shown 

14 on a request for such extension submitted in writing with15 in such period. 

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

17 shall include the following: 

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

19 mental, educational, or linguistic limitation of the 

20 claimant, legal guardian, or other accredited rep21 resentative, attorney, or authorized agent filing the 

22 request (including lack of facility with the English 

23 language). 

24 ‘‘(ii) Circumstances relating to significant delay 

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


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1 of disagreement caused by natural disaster or fac2 tors relating to geographic location. 

3 ‘‘(iii) A change in financial circumstances, in4 cluding the payment of medical expenses or other 

5 changes in income or net worth that are considered 

6 in determining eligibility for benefits and services on 

7 an annualized basis for purposes of needs-based ben8 efits under chapters 15 and 17 of this title. 

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

10 identify the particular determination or determinations 

11 being appealed and allege specific errors of fact or law 

12 made by the agency of original jurisdiction in each deter13 mination being appealed. 

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

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

16 contained in the post-notice of disagreement decision to 

17 which the claimant does not specifically express disagree18 ment. 

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

20 in accordance with the provisions of this chapter within 

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

22 case may be, the agency of original jurisdiction shall dis23 miss the appeal and notify the claimant of the dismissal. 

24 The notice shall include an explanation of the procedure 


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1 for obtaining review of the dismissal by the Board of Vet2 erans’ Appeals. 

3 ‘‘(6) In order to obtain review by the Board of a dis4 missal of an appeal by the agency of original jurisdiction, 

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

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

7 which notice of the dismissal is mailed pursuant to para8 graph (5). 

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

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

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

12 the Board affirms the dismissal of the appeal, the deter13 mination of the agency of original jurisdiction regarding 

14 the claim for benefits under this title shall become final 

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

16 except as may otherwise be provided by regulations not 

17 inconsistent with this title. 

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

19 original jurisdiction, the Board may nonetheless dismiss 

20 any appeal which is— 

21 ‘‘(A) untimely; or 

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

23 in the determination being appealed.’’. 

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

25 subsection (a) shall take effect on the date of the enactVerDate Mar 15 2010 03:13 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6401 E:\BILLS\S3517.RS S3517

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1 ment of this Act, and shall apply with respect to claims 

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

3 of the enactment of this Act. 

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

5 DECISIONS TO CLAIMANTS WHO FILE NOTICE 

6 OF DISAGREEMENTS. 

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

8 States Code, is amended— 

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

10 place it appears and inserting ‘‘post-notice of dis11 agreement decision’’; and 

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

13 207 of this Act— 

14 (A) in paragraph (1), by striking subpara15 graphs (A) through (C) and inserting the fol16 lowing new subparagraphs: 

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

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

19 applicable, an assessment as to the credibility of any 

20 lay evidence pertinent to the issue or issues with 

21 which disagreement has been expressed. 

22 ‘‘(B) A citation to pertinent laws and regula23 tions that support the agency’s decision. 

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

25 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. 

12 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

16 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Adjudication of claims for disability compensation consisting of multiple 

issues one or more of which can be quickly adjudicated. 

Sec. 3. Authority for certain individuals to sign claims filed with Secretary of 

Veterans Affairs on behalf of claimants. 

Sec. 4. 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. 5. Equal deference to private medical opinions in assessing claims for disability compensation. 

Sec. 6. Improvements to disability compensation claim review process. 

Sec. 7. Authority for retroactive effective date for awards of disability compensation in connection with applications that are fully-developed at 

submittal. 

Sec. 8. 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. 9. Improvement of process for filing jointly for social security and dependency and indemnity compensation. 


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Sec. 10. Access by Secretary of Veterans Affairs to financial records of individuals 

represented by fiduciaries and receiving benefits under laws administered by Secretary. 

Sec. 11. Treatment of certain misfiled documents as motions for reconsideration 

of decisions by Board of Veterans’ Appeals. 

Sec. 12. Modification of filing period for notice of disagreement to initiate appellate review of decisions of Department of Veterans Affairs. 

Sec. 13. Provision of post-notice of disagreement decisions to claimants who file 

notice of disagreements. 

Sec. 14. Modification of substantive appeal process. 

Sec. 15. Automatic waiver of agency of original jurisdiction review of new evidence. 

Sec. 16. Determination of location and manner of appearance for hearings. 

Sec. 17. Decision by Court of Appeals for Veterans Claims on all issues raised 

by appellants. 

Sec. 18. Good cause extension of period for filing notice of appeal with United 

States Court of Appeals for Veterans Claims. 

Sec. 19. Pilot program on participation of local and tribal governments in improving quality of claims for disability compensation submitted 

to Department of Veterans Affairs. 

Sec. 20. Increase in rate of pension for disabled veterans married to one another 

and both of whom require regular aid and attendance. 

Sec. 21. Automatic annual increase in rates of disability compensation and dependency and indemnity compensation. 

Sec. 22. Action plan to improve correlation between employee pay and performance. 

1 SEC. 2. ADJUDICATION OF CLAIMS FOR DISABILITY COM2 PENSATION CONSISTING OF MULTIPLE 

3 ISSUES ONE OR MORE OF WHICH CAN BE 

4 QUICKLY ADJUDICATED. 

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

6 States Code, is amended— 

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

8 the following: 

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

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) INTERMEDIATE ASSIGNMENT OF RATINGS.—(1) 

13 In the case of a veteran who submits to the Secretary a 


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1 claim for compensation under this chapter for more than 

2 one condition and the Secretary determines that a dis3 ability rating can be assigned without further development 

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

5 claim, the Secretary shall— 

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

7 the condition or conditions that the Secretary deter8 mined could be assigned without further development; 

9 and 

10 ‘‘(B) continue development of the remaining con11 ditions. 

12 ‘‘(2) If the Secretary is able to assign a disability rat13 ing for a condition described in paragraph (1)(B) with re14 spect to a claim, the Secretary shall assign such rating and 

15 combine such rating with the rating or ratings previously 

16 assigned under paragraph (1)(A) with respect to that claim. 

17 ‘‘(3) If the Secretary determines, after assigning a rat18 ing for a condition under paragraph (1)(A), that further 

19 development of the condition could result in assignment of 

20 a higher rating, the Secretary shall continue development 

21 of such condition and reassess the rating.’’. 

22 (b) EFFECTIVE DATE.—The amendments made by sub23 section (a) shall take effect on the date of the enactment 

24 of this Act, and shall apply with respect to claims filed on 


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1 or after the date that is 60 days after the date of the enact2 ment of this Act. 

3 SEC. 3. AUTHORITY FOR CERTAIN INDIVIDUALS TO SIGN 

4 CLAIMS FILED WITH SECRETARY OF VET5 ERANS AFFAIRS ON BEHALF OF CLAIMANTS. 

6 (a) IN GENERAL.—Section 5101 of title 38, United 

7 States Code, is amended— 

8 (1) in subsection (a)— 

9 (A) by striking ‘‘A specific’’ and inserting 

10 ‘‘(1) A specific’’; and 

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

12 paragraph: 

13 ‘‘(2) If an individual has not attained the age of 18 

14 years, is mentally incompetent, or is physically unable to 

15 sign a form, a form filed under paragraph (1) for the indi16 vidual may be signed by a court appointed representative 

17 or a person who is responsible for the care of the individual, 

18 including a spouse or other relative. If the individual is 

19 in the care of an institution, the manager or principal offi20 cer of the institution may sign the form.’’; 

21 (2) in subsection (c)— 

22 (A) in paragraph (1)— 

23 (i) by inserting ‘‘, signs a form on be24 half of a person to apply for,’’ after ‘‘who 

25 applies for’’; and 


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1 (ii) by inserting ‘‘, or TIN in the case 

2 that the person is not an individual,’’ after 

3 ‘‘of such person’’; and 

4 (B) in paragraph (2), by inserting ‘‘or 

5 TIN’’ after ‘‘social security number’’ each place 

6 it appears; and 

7 (3) by adding at the end the following new sub8 section: 

9 ‘‘(d) In this section: 

10 ‘‘(1) The term ‘mentally incompetent’ with re11 spect to an individual means that the individual 

12 lacks the mental capacity— 

13 ‘‘(A) to provide substantially accurate infor14 mation needed to complete a form; or 

15 ‘‘(B) to certify that the statements made on 

16 a form are true and complete. 

17 ‘‘(2) The term ‘TIN’ has the meaning given the 

18 term in section 7701(a)(41) of the Internal Revenue 

19 Code of 1986.’’. 

20 (b) APPLICABILITY.—The amendments made by sub21 section (a) shall apply with respect to claims filed on or 

22 after the date of the enactment of this Act. 


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1 SEC. 4. CLARIFICATION THAT REQUIREMENT OF SEC2 RETARY OF VETERANS AFFAIRS TO PROVIDE 

3 NOTICE TO CLAIMANTS OF ADDITIONAL IN4 FORMATION AND EVIDENCE REQUIRED ONLY 

5 APPLIES WHEN ADDITIONAL INFORMATION 

6 OR EVIDENCE IS ACTUALLY REQUIRED. 

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

8 United States Code, is amended by striking the first sen9 tence and inserting the following: ‘‘If the Secretary receives 

10 a complete or substantially complete application that does 

11 not include information or medical or lay evidence not pre12 viously provided to the Secretary that is necessary to sub13 stantiate the claim, the Secretary shall, upon receipt of such 

14 application, notify the claimant and the claimant’s rep15 resentative, if any, that such information or evidence is nec16 essary to substantiate and grant the claim.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall take effect on the date of the enactment 

19 of this Act, and shall apply with respect to claims filed on 

20 or after the date that is 60 days after the date of the enact21 ment of this Act. 

22 SEC. 5. EQUAL DEFERENCE TO PRIVATE MEDICAL OPIN23 IONS IN ASSESSING CLAIMS FOR DISABILITY 

24 COMPENSATION. 

25 (a) PROVISION OF DEFERENCE.— 


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

2 title 38, United States Code, is amended by inserting 

3 after section 5103A the following new section: 

4 ‘‘§ 5103B. Treatment of private medical opinions 

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

6 medical opinion in support of a claim for disability com7 pensation in accordance with standards established by the 

8 Secretary, such opinion shall be treated by the Secretary 

9 with the same deference as a medical opinion provided by 

10 a Department health care provider. 

11 ‘‘(b) SUPPLEMENTAL INFORMATION.—(1) If a private 

12 medical opinion submitted as described in subsection (a) 

13 is found by the Secretary to be competent, credible, and pro14 bative, but otherwise not entirely adequate for purposes of 

15 assigning a disability rating or determining service-connec16 tion and the Secretary determines a medical opinion from 

17 a Department health care provider is necessary for such 

18 purposes, the Secretary shall obtain from an appropriate 

19 Department health care provider (as determined pursuant 

20 to the standards described in subsection (a)) a medical 

21 opinion that is adequate for such purposes. 

22 ‘‘(2) If a private medical opinion submitted as de23 scribed in subsection (a) addresses a matter relevant to the 

24 claim described in such subsection and such matter is with25 in an area of expertise of the provider of such opinion, any 


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1 opinion obtained by the Secretary under paragraph (1) of 

2 this subsection that addresses the same matter shall, to the 

3 extent feasible, be obtained from a health care provider of 

4 the Department that has expertise in that area. 

5 ‘‘(c) DEPARTMENT HEALTH CARE PROVIDER DE6 FINED.—In this section, the term ‘Department health care 

7 provider’ includes a provider of health care who provides 

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

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 51 of such title is 

11 amended by inserting after the item relating to sec12 tion 5103A the following new item: 

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

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

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

15 the date of the enactment of this Act, and shall apply 

16 with respect to claims pending or filed on or after the 

17 date that is 270 days after the date of the enactment 

18 of this Act. 

19 (b) NOTICE.— 

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

21 is amended by adding at the end the following new 

22 paragraph: 

23 ‘‘(3) A notice provided under this subsection shall in24 form a claimant, as the Secretary considers appropriate 

25 with respect to the claimant’s claim— 


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

2 under section 5103A of this title; and 

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

4 opinion in support of a claim for disability com5 pensation, how such medical opinion will be treated 

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

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

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

9 effect on the date that is 270 days after the date of 

10 the enactment of this Act. 

11 SEC. 6. IMPROVEMENTS TO DISABILITY COMPENSATION 

12 CLAIM REVIEW PROCESS. 

13 (a) ESTABLISHMENT OF FAST TRACK CLAIM REVIEW

14 PROCESS.— 

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

16 title 38, United States Code, is amended by inserting 

17 after section 5103B, as added by section 5 of this Act, 

18 the following new section: 

19 ‘‘§ 5103C. Expedited review of claims for disability 

20 compensation 

21 ‘‘(a) PROCESS REQUIRED.—The Secretary shall estab22 lish a process for the rapid identification of initial claims 

23 for disability compensation that should, in the adjudication 

24 of such claims, receive priority in the order of review. 


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1 ‘‘(b) REVIEW OF INITIAL CLAIMS.—As part of the proc2 ess required by subsection (a), the Secretary shall assign 

3 employees of the Department who are experienced in the 

4 processing of claims for disability compensation to carry 

5 out a preliminary review of all initial claims for disability 

6 compensation submitted to the Secretary in order to iden7 tify whether— 

8 ‘‘(1) the claims have the potential of being adju9 dicated quickly; 

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

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

12 ‘‘(3) a temporary disability rating could be as13 signed with respect to the claims under section 1156 

14 of this title. 

15 ‘‘(c) PRIORITY IN ADJUDICATION OF CLAIMS.—(1) Ex16 cept as provided in paragraph (2), the Secretary shall, in 

17 the adjudication of claims for disability compensation sub18 mitted to the Secretary, give priority in the order of review 

19 of such claims to claims identified under subsection (b)(1) 

20 as having the potential of being adjudicated quickly. 

21 ‘‘(2) The Secretary may, under regulations the Sec22 retary shall prescribe, provide priority in the order of re23 view of claims for disability compensation.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 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 5103B, as so added, the following new item: 

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

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

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

5 the date that is 90 days after the date of the enact6 ment of this Act. 

7 (b) AUTHORITY FOR CLAIMANTS TO END DEVELOP8 MENT OF CLAIMS.— 

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

10 amended by inserting after section 5103C, as added 

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

12 ‘‘§ 5103D. Procedures for fully developed claims 

13 ‘‘Upon notification received from a claimant that the 

14 claimant has no additional information or evidence to sub15 mit, the Secretary may determine that the claim is a fully 

16 developed claim. The Secretary shall then undertake any 

17 development necessary for any Federal records, medical ex18 aminations, or opinions relevant to the claim and may de19 cide the claim based on all the evidence of record.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 51 of such title is 

22 amended by inserting after the item relating to sec23 tion 5103C, as added by subsection (a), the following 

24 new item: 

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


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

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

3 the date of the enactment of this Act. 

4 SEC. 7. AUTHORITY FOR RETROACTIVE EFFECTIVE DATE 

5 FOR AWARDS OF DISABILITY COMPENSATION 

6 IN CONNECTION WITH APPLICATIONS THAT 

7 ARE FULLY-DEVELOPED AT SUBMITTAL. 

8 Section 5110(b) of title 38, United States Code, is 

9 amended— 

10 (1) by redesignating paragraphs (2) and (3) as 

11 paragraphs (3) and (4); and 

12 (2) by inserting after paragraph (1) the fol13 lowing new paragraph (2): 

14 ‘‘(2) The effective date of an award of disability com15 pensation to a veteran who submits an application therefor 

16 that sets forth a claim that is fully-developed (as prescribed 

17 by the Secretary for purposes of this paragraph) as of the 

18 date of submittal shall be fixed in accordance with the facts 

19 found, but shall not be earlier than the date that is one 

20 year before the date of receipt of the application.’’. 


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1 SEC. 8. PROVISION BY SECRETARY OF VETERANS AFFAIRS 

2 OF NOTICE OF DISAGREEMENT FORMS TO 

3 INITIATE APPELLATE REVIEW WITH NOTICES 

4 OF DECISIONS OF DEPARTMENT OF VET5 ERANS AFFAIRS. 

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

7 States Code, is amended— 

8 (1) in subsection (a), by striking the second sen9 tence; and 

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

11 (1) a’’ and all that follows and inserting the fol12 lowing: ‘‘include the following: 

13 ‘‘(1) A statement of the reasons for the decision. 

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

15 the Secretary in making the decision. 

16 ‘‘(3) An explanation of the procedure for obtain17 ing review of the decision, including the period pre18 scribed under paragraph (1) of section 7105(b) of this 

19 title and the good cause exception under paragraph 

20 (3) of such section. 

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

22 a notice of disagreement under section 7105(a) of this 

23 title.’’. 

24 (b) CONSULTATION.—In developing the form required 

25 by subsection (b)(4) of such section, as added by subsection 

26 (a), the Secretary of Veterans Affairs may consult with vetVerDate Mar 15 2010 03:13 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\S3517.RS S3517

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1 erans service organizations and such other organizations as 

2 the Secretary considers appropriate. 

3 (c) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall take effect on the date that is 180 days 

5 after the date of the enactment of this Act. 

6 SEC. 9. IMPROVEMENT OF PROCESS FOR FILING JOINTLY 

7 FOR SOCIAL SECURITY AND DEPENDENCY 

8 AND INDEMNITY COMPENSATION. 

9 Section 5105 of title 38, United States Code, is amend10 ed— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘shall’’ and inserting 

13 ‘‘may’’; and 

14 (B) by striking ‘‘Each such form’’ and in15 serting ‘‘Such forms’’; and 

16 (2) in subsection (b), by striking ‘‘on such a 

17 form’’ and inserting ‘‘on any form indicating an in18 tent to apply for survivor benefits’’. 

19 SEC. 10. ACCESS BY SECRETARY OF VETERANS AFFAIRS TO 

20 FINANCIAL RECORDS OF INDIVIDUALS REP21 RESENTED BY FIDUCIARIES AND RECEIVING 

22 BENEFITS UNDER LAWS ADMINISTERED BY 

23 SECRETARY. 

24 Section 5502 of title 38, United States Code, is amend25 ed by adding at the end the following new subsection: 


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1 ‘‘(f)(1) The Secretary may require any person ap2 pointed or recognized as a fiduciary for a Department bene3 ficiary under this section to provide authorization for the 

4 Secretary to obtain (subject to the cost reimbursement re5 quirements of section 1115(a) of the Right to Financial Pri6 vacy Act of 1978 (12 U.S.C. 3415)) from any financial in7 stitution any financial record held by the institution with 

8 respect to the fiduciary or the beneficiary whenever the Sec9 retary determines that the financial record is necessary— 

10 ‘‘(A) for the administration of a program ad11 ministered by the Secretary; or 

12 ‘‘(B) in order to safeguard the beneficiary’s bene13 fits against neglect, misappropriation, misuse, embez14 zlement, or fraud. 

15 ‘‘(2) Notwithstanding section 1104(a)(1) of such Act 

16 (12 U.S.C. 3404(a)(1)), an authorization provided by a fi17 duciary under paragraph (1) with respect to a beneficiary 

18 shall remain effective until the earliest of— 

19 ‘‘(A) the approval by a court or the Secretary of 

20 a final accounting of payment of benefits under any 

21 law administered by the Secretary to a fiduciary on 

22 behalf of such beneficiary; 

23 ‘‘(B) in the absence of any evidence of neglect, 

24 misappropriation, misuse, embezzlement, or fraud, the 


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1 express revocation by the fiduciary of the authoriza2 tion in a written notification to the Secretary; or 

3 ‘‘(C) the date that is three years after the date 

4 of the authorization. 

5 ‘‘(3)(A) An authorization obtained by the Secretary 

6 pursuant to this subsection shall be considered to meet the 

7 requirements of the Right to Financial Privacy Act of 1978 

8 (12 U.S.C. 3401 et seq.) for purposes of section 1103(a) of 

9 such Act (12 U.S.C. 3403(a)), and need not be furnished 

10 to the financial institution, notwithstanding section 

11 1104(a) of such Act (12 U.S.C. 3404(a)), if the Secretary 

12 provides a copy of the authorization to the financial institu13 tion. 

14 ‘‘(B) The certification requirements of section 1103(b) 

15 of such Act (12 U.S.C. 3403(b)) shall not apply to requests 

16 by the Secretary pursuant to an authorization provided 

17 under this subsection. 

18 ‘‘(C) A request for a financial record by the Secretary 

19 pursuant to an authorization provided by a fiduciary 

20 under this subsection is deemed to meet the requirements 

21 of section 1104(a)(3) of such Act (12 U.S.C. 3404(a)(3)) 

22 and the matter in section 1102 of such Act (12 U.S.C. 3402) 

23 that precedes paragraph (1) of such section if such request 

24 identifies the fiduciary and the beneficiary concerned. 


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1 ‘‘(D) The Secretary shall inform any person who pro2 vides authorization under this subsection of the duration 

3 and scope of the authorization. 

4 ‘‘(E) If a fiduciary of a Department beneficiary refuses 

5 to provide, or revokes, any authorization to permit the Sec6 retary to obtain from any financial institution any finan7 cial record concerning benefits paid by the Secretary for 

8 such beneficiary, the Secretary may, on that basis, revoke 

9 the appointment or the recognition of the fiduciary for such 

10 beneficiary and for any other Department beneficiary for 

11 whom such fiduciary has been appointed or recognized. If 

12 the appointment or recognition of a fiduciary is revoked, 

13 benefits may be paid as provided in subsection (d). 

14 ‘‘(4) For purposes of section 1113(d) of such Act (12 

15 U.S.C. 3413(d)), a disclosure pursuant to this subsection 

16 shall be considered a disclosure pursuant to a Federal stat17 ute. 

18 ‘‘(5) In this subsection: 

19 ‘‘(A) The term ‘fiduciary’ includes any person 

20 appointed or recognized to receive payment of benefits 

21 under any law administered by the Secretary on be22 half of a Department beneficiary. 

23 ‘‘(B) The term ‘financial institution’ has the 

24 meaning given such term in section 1101 of such Act 

25 (12 U.S.C. 3401), except that such term shall also inVerDate Mar 15 2010 03:13 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 E:\BILLS\S3517.RS S3517

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1 clude any benefit association, insurance company, 

2 safe deposit company, money market mutual fund, or 

3 similar entity authorized to do business in any State. 

4 ‘‘(C) The term ‘financial record’ has the meaning 

5 given such term in such section.’’. 

6 SEC. 11. TREATMENT OF CERTAIN MISFILED DOCUMENTS 

7 AS MOTIONS FOR RECONSIDERATION OF DE8 CISIONS BY BOARD OF VETERANS’ APPEALS. 

9 Section 7103 of title 38, United States Code, is amend10 ed— 

11 (1) by redesignating subsection (c) as subsection 

12 (d); and 

13 (2) by inserting after subsection (b) the following 

14 new subsection (c): 

15 ‘‘(c)(1) Except as provided in paragraph (2), if a per16 son adversely affected by a final decision of the Board, who 

17 has not filed a notice of appeal with the United States 

18 Court of Appeals for Veterans Claims under section 7266(a) 

19 of this title within the period set forth in that section, files 

20 a document with the Board or the agency of original juris21 diction referred to in section 7105(b)(1) of this title that 

22 expresses disagreement with such decision not later than 

23 120 days after the date of such decision, such document 

24 shall be treated as a motion for reconsideration of such deci25 sion under subsection (a). 


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1 ‘‘(2) A document described in paragraph (1) shall not 

2 be treated as a motion for reconsideration of the decision 

3 under paragraph (1) if— 

4 ‘‘(A) the Board or the agency of original juris5 diction referred to in paragraph (1)— 

6 ‘‘(i) receives the document described in 

7 paragraph (1); 

8 ‘‘(ii) determines that such document ex9 presses an intent to appeal the decision to the 

10 United States Court of Appeals for Veterans 

11 Claims; and 

12 ‘‘(iii) forwards such document to the United 

13 States Court of Appeals for Veterans Claims; and 

14 ‘‘(B) the United States Court of Appeals for Vet15 erans Claims receives such document within the pe16 riod set forth by section 7266(a) of this title.’’. 

17 SEC. 12. MODIFICATION OF FILING PERIOD FOR NOTICE OF 

18 DISAGREEMENT TO INITIATE APPELLATE RE19 VIEW OF DECISIONS OF DEPARTMENT OF 

20 VETERANS AFFAIRS. 

21 (a) FILING OF NOTICE OF DISAGREEMENT BY CLAIM22 ANTS.— 

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

24 7105(b) of title 38, United States Code, is amended— 


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

2 ‘‘180 days’’ in the first sentence; and 

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

4 ‘‘180-day’’ in the third sentence. 

5 (2) ELECTRONIC FILING.—Such paragraph is 

6 further amended by inserting ‘‘or transmitted by elec7 tronic means’’ after ‘‘postmarked’’. 

8 (3) GOOD CAUSE EXCEPTION FOR UNTIMELY FIL9 ING OF NOTICES OF DISAGREEMENT.—Such section 

10 7105(b) is amended by adding at the end the fol11 lowing new paragraph: 

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

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

14 Secretary as timely filed if— 

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

16 legal guardian, or other accredited representative, at17 torney, or authorized agent filing the notice had good 

18 cause for the lack of filing within such time; and 

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

20 than 186 days after the period prescribed by para21 graph (1). 

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

23 include the following: 

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

25 mental, educational, or linguistic limitation of the 


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1 claimant, legal guardian, representative, attorney, or 

2 authorized agent concerned (including lack of facility 

3 with the English language). 

4 ‘‘(ii) Circumstances relating to significant delay 

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

6 of disagreement caused by natural disaster or factors 

7 relating to geographic location. 

8 ‘‘(iii) A change in financial circumstances, in9 cluding the payment of medical expenses or other 

10 changes in income or net worth that are considered 

11 in determining eligibility for benefits and services on 

12 an annualized basis for purposes of needs-based bene13 fits under chapters 15 and 17 of this title.’’. 

14 (b) APPLICATION BY DEPARTMENT FOR REVIEW ON

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

16 sentence by striking ‘‘one-year period described in section 

17 7105’’ and inserting ‘‘period described in section 

18 7105(b)(1)’’. 

19 (c) EFFECTIVE DATE.—The amendments made by this 

20 section shall take effect on the date that is 180 days after 

21 the date of the enactment of this Act, and shall apply with 

22 respect to claims filed on or after the date of the enactment 

23 of this Act. 


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1 SEC. 13. PROVISION OF POST-NOTICE OF DISAGREEMENT 

2 DECISIONS TO CLAIMANTS WHO FILE NOTICE 

3 OF DISAGREEMENTS. 

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

5 States Code, is amended— 

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

7 it appears and inserting ‘‘post-notice of disagreement 

8 decision’’; and 

9 (2) in subsection (d)— 

10 (A) in paragraph (1), by striking subpara11 graphs (A) through (C) and inserting the fol12 lowing new subparagraphs: 

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

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

15 applicable, an assessment as to the credibility of any 

16 lay evidence pertinent to the issue or issues with 

17 which disagreement has been expressed. 

18 ‘‘(B) A citation to pertinent laws and regula19 tions that support the agency’s decision. 

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

21 provides the reasons why the evidence relied upon 

22 supports the conclusions of the agency under the spe23 cific laws and regulations applied. 

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

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

26 decision. 


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1 ‘‘(E) The rights of the claimant under subsection 

2 (f).’’; and 

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

4 paragraph: 

5 ‘‘(6) The post-notice of disagreement decision shall be 

6 written in plain language.’’. 

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

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

9 each place it appears and inserting ‘‘post-notice of disagree10 ment decision’’. 

11 (c) EFFECTIVE DATE.—The amendments made by this 

12 section shall take effect on the date that is 180 days after 

13 the date of the enactment of this Act, and shall apply with 

14 respect to notices of disagreements filed on or after the date 

15 that is 180 days after the date of the enactment of this Act. 

16 SEC. 14. MODIFICATION OF SUBSTANTIVE APPEAL PROC17 ESS. 

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

19 States Code, is amended— 

20 (1) in subsection (d), as amended by section 13 

21 of this Act— 

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

23 claimant will be afforded’’ and all that follows 

24 through the end of the paragraph; 

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


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1 (C) by redesignating paragraph (6) as 

2 paragraph (4); 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 decision 

7 is mailed under subsection (d) to file a substantive appeal. 

8 ‘‘(2)(A) The period under paragraph (1) may be ex9 tended for an additional 60 days for good cause shown on 

10 a request for such extension submitted in writing within 

11 such period. 

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

13 include the following: 

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

15 mental, educational, or linguistic limitation of the 

16 claimant, legal guardian, or other accredited rep17 resentative, attorney, or authorized agent filing the 

18 request (including lack of facility with the English 

19 language). 

20 ‘‘(ii) Circumstances relating to significant delay 

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

22 of disagreement caused by natural disaster or factors 

23 relating to geographic location. 

24 ‘‘(iii) A change in financial circumstances, in25 cluding the payment of medical expenses or other 


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1 changes in income or net worth that are considered 

2 in determining eligibility for benefits and services on 

3 an annualized basis for purposes of needs-based bene4 fits under chapters 15 and 17 of this title. 

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

6 identify the particular determination or determinations 

7 being appealed and allege specific errors of fact or law made 

8 by the agency of original jurisdiction in each determination 

9 being appealed. 

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

11 not be presumed to agree with any statement of fact con12 tained in the post-notice of disagreement decision to which 

13 the claimant does not specifically express disagreement. 

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

15 in accordance with the provisions of this chapter within 

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

17 case may be, the agency of original jurisdiction shall dis18 miss the appeal and notify the claimant of the dismissal. 

19 The notice shall include an explanation of the procedure 

20 for obtaining review of the dismissal by the Board of Vet21 erans’ Appeals. 

22 ‘‘(6) In order to obtain review by the Board of a dis23 missal of an appeal by the agency of original jurisdiction, 

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

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


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1 which notice of the dismissal is mailed pursuant to para2 graph (5). 

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

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

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

6 the Board affirms the dismissal of the appeal, the deter7 mination of the agency of original jurisdiction regarding 

8 the claim for benefits under this title shall become final and 

9 the claim may not thereafter be reopened or allowed, except 

10 as may otherwise be provided by regulations not incon11 sistent with this title. 

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

13 original jurisdiction, the Board may nonetheless dismiss 

14 any appeal which is— 

15 ‘‘(A) untimely; or 

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

17 in the determination being appealed.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall take effect on the date of the enactment 

20 of this Act, and shall apply with respect to claims filed on 

21 or after the date that is 180 days after the date of the enact22 ment of this Act. 


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1 SEC. 15. AUTOMATIC WAIVER OF AGENCY OF ORIGINAL JU2 RISDICTION REVIEW OF NEW EVIDENCE. 

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

4 States Code, as amended by section 14 of this Act, is further 

5 amended by adding at the end the following new subsection: 

6 ‘‘(f) If, either at the time or after the agency of original 

7 jurisdiction receives a substantive appeal, the claimant or 

8 the claimant’s representative, if any, submits evidence to 

9 either the agency of original jurisdiction or the Board of 

10 Veterans’ Appeals for consideration in connection with the 

11 issue or issues with which disagreement has been expressed, 

12 such evidence shall be subject to initial review by the Board 

13 unless the claimant or the claimant’s representative, as the 

14 case may be, requests in writing that the agency of original 

15 jurisdiction initially review such evidence. Such request for 

16 review shall accompany the submittal of the evidence or be 

17 made within 30 days of the submittal.’’. 

18 (b) EFFECTIVE DATE.—Subsection (f) of such section, 

19 as added by subsection (a), shall take effect on the date that 

20 is 180 days after the date of the enactment of this Act, and 

21 shall apply with respect to claims for which a substantive 

22 appeal is filed on or after the date that is 180 days after 

23 the date of the enactment of this Act. 


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1 SEC. 16. DETERMINATION OF LOCATION AND MANNER OF 

2 APPEARANCE FOR HEARINGS. 

3 (a) LOCATION.—Subsection (d)(1) of section 7107 of 

4 title 38, United States Code, is amended by striking ‘‘An 

5 appellant’’ and all that follows through the end and insert6 ing the following: ‘‘Upon request by an appellant for a hear7 ing before the Board, the Board shall present the appellant 

8 with the following: 

9 ‘‘(A) The option of holding the hearing at— 

10 ‘‘(i) the Board’s principal location; or 

11 ‘‘(ii) a facility of the Department located 

12 within the area served by a regional office of the 

13 Department. 

14 ‘‘(B) A recommendation as to the option pre15 sented under subparagraph (A) that would lead to the 

16 earliest possible date for the hearing, including with 

17 respect to the use of facilities and equipment under 

18 subsection (e). 

19 ‘‘(C) Statistics on the average wait experienced 

20 by similarly situated appellants for hearings at either 

21 option presented under subparagraph (A).’’. 

22 (b) MANNER.—Subsection (e)(2) of such section is 

23 amended— 

24 (1) by striking ‘‘When such’’ and inserting ‘‘(A) 

25 When such’’; 


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1 (2) by striking ‘‘Any such’’ and inserting the fol2 lowing: 

3 ‘‘(B) Any such’’; 

4 (3) by striking ‘‘If the appellant’’ and inserting 

5 the following: 

6 ‘‘(D) If the appellant’’; 

7 (4) by inserting after subparagraph (B), as des8 ignated by paragraph (2), the following new subpara9 graph (C): 

10 ‘‘(C) In affording the appellant an opportunity under 

11 subparagraph (A), the Board shall inform the appellant of 

12 the advantages and disadvantages of participating in a 

13 hearing through the use of such facilities and equipment.’’. 

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

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

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

17 respect to requests for hearings filed on or after the date 

18 that is 180 days after the date of the enactment of this Act. 

19 SEC. 17. DECISION BY COURT OF APPEALS FOR VETERANS 

20 CLAIMS ON ALL ISSUES RAISED BY APPEL21 LANTS. 

22 Section 7261 of title 38, United States Code, is amend23 ed— 

24 (1) in subsection (a), in the matter before para25 graph (1), by striking ‘‘, to the extent necessary to its 


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1 decision and when presented, shall’’ and inserting 

2 ‘‘shall, when presented’’; 

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

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

5 (3) by inserting after subsection (b) the following 

6 new subsection (c): 

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

8 Board of Veterans’ Appeals, the Court shall render a deci9 sion on every issue raised by an appellant within the extent 

10 set forth in this section.’’. 

11 SEC. 18. GOOD CAUSE EXTENSION OF PERIOD FOR FILING 

12 NOTICE OF APPEAL WITH UNITED STATES 

13 COURT OF APPEALS FOR VETERANS CLAIMS. 

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

15 States Code, is amended— 

16 (1) by redesignating subsections (b), (c), and (d) 

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

18 (2) by inserting after subsection (a) the following 

19 new subsection (b): 

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

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

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

23 expiration of such initial period upon a motion— 

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

25 after the expiration of such initial period; and 


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

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

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

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

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

6 filing of the motion.’’; and 

7 (3) in subsection (e), as redesignated by para8 graph (1), by striking ‘‘subsection (c)(2)’’ and insert9 ing ‘‘subsection (d)(2)’’. 

10 (b) EFFECTIVE DATE.—The amendments made by sub11 section (a) shall take effect on the date of the enactment 

12 of this Act and shall apply with respect to notices of appeal 

13 filed on or after the date of the enactment of this Act. 

14 SEC. 19. PILOT PROGRAM ON PARTICIPATION OF LOCAL 

15 AND TRIBAL GOVERNMENTS IN IMPROVING 

16 QUALITY OF CLAIMS FOR DISABILITY COM17 PENSATION SUBMITTED TO DEPARTMENT OF 

18 VETERANS AFFAIRS. 

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

20 Veterans Affairs shall carry out a pilot program to assess 

21 the feasibility and advisability of entering into memoran22 dums of understanding with local governments and tribal 

23 organizations— 


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1 (1) to improve the quality of claims submitted to 

2 the Secretary for compensation under chapter 11 of 

3 title 38, United States Code; and 

4 (2) to provide assistance to veterans who may be 

5 eligible for such compensation in submitting such 

6 claims. 

7 (b) MINIMUM NUMBER OF PARTICIPATING TRIBAL OR8 GANIZATIONS.—In carrying out the pilot program required 

9 by subsection (a), the Secretary shall enter into memoran10 dums of understanding with at least two tribal organiza11 tions. 

12 (c) TRIBAL ORGANIZATION DEFINED.—In this section, 

13 the term ‘‘tribal organization’’ has the meaning given that 

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

15 SEC. 20. INCREASE IN RATE OF PENSION FOR DISABLED 

16 VETERANS MARRIED TO ONE ANOTHER AND 

17 BOTH OF WHOM REQUIRE REGULAR AID AND 

18 ATTENDANCE. 

19 (a) IN GENERAL.—Section 1521(f)(2) of title 38, 

20 United States Code, is amended by striking ‘‘$30,480’’ and 

21 inserting ‘‘$31,305’’. 

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall take effect on the date of the enactment 

24 of this Act. 


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1 SEC. 21. AUTOMATIC ANNUAL INCREASE IN RATES OF DIS2 ABILITY COMPENSATION AND DEPENDENCY 

3 AND INDEMNITY COMPENSATION. 

4 (a) INDEXING TO SOCIAL SECURITY INCREASES.—Sec5 tion 5312 of title 38, United States Code, is amended by 

6 adding at the end the following new subsection: 

7 ‘‘(d)(1) Whenever there is an increase in benefit 

8 amounts payable under title II of the Social Security Act 

9 (42 U.S.C. 401 et seq.) as a result of a determination made 

10 under section 215(i) of such Act (42 U.S.C. 415(i)), the Sec11 retary shall, effective on the date of such increase in benefit 

12 amounts, increase the dollar amounts in effect for the pay13 ment of disability compensation and dependency and in14 demnity compensation by the Secretary, as specified in 

15 paragraph (2), as such amounts were in effect immediately 

16 before the date of such increase in benefit amounts payable 

17 under title II of the Social Security Act, by the same per18 centage as the percentage by which such benefit amounts 

19 are increased. 

20 ‘‘(2) The dollar amounts to be increased pursuant to 

21 paragraph (1) are the following: 

22 ‘‘(A) COMPENSATION.—Each of the dollar 

23 amounts in effect under section 1114 of this title. 

24 ‘‘(B) ADDITIONAL COMPENSATION FOR DEPEND25 ENTS.—Each of the dollar amounts in effect under 

26 section 1115(1) of this title. 


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1 ‘‘(C) CLOTHING ALLOWANCE.—The dollar 

2 amount in effect under section 1162 of this title. 

3 ‘‘(D) NEW DIC RATES.—Each of the dollar 

4 amounts in effect under paragraphs (1) and (2) of 

5 section 1311(a) of this title. 

6 ‘‘(E) OLD DIC RATES.—Each of the dollar 

7 amounts in effect under section 1311(a)(3) of this 

8 title. 

9 ‘‘(F) ADDITIONAL DIC FOR SURVIVING SPOUSES

10 WITH MINOR CHILDREN.—The dollar amount in effect 

11 under section 1311(b) of this title. 

12 ‘‘(G) ADDITIONAL DIC FOR DISABILITY.—Each of 

13 the dollar amounts in effect under sections 1311(c) 

14 and 1311(d) of this title. 

15 ‘‘(H) DIC FOR DEPENDENT CHILDREN.—Each of 

16 the dollar amounts in effect under sections 1313(a) 

17 and 1314 of this title. 

18 ‘‘(3) Whenever there is an increase under paragraph 

19 (1) in amounts in effect for the payment of disability com20 pensation and dependency and indemnity compensation, 

21 the Secretary shall publish such amounts, as increased pur22 suant to such paragraph, in the Federal Register at the 

23 same time as the material required by section 215(i)(2)(D) 

24 of the Social Security Act (42 U.S.C. 415(i)(2)(D)) is pubVerDate Mar 15 2010 03:13 Nov 30, 2010 Jkt 099200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6203 E:\BILLS\S3517.RS S3517

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1 lished by reason of a determination under section 215(i) 

2 of such Act (42 U.S.C. 415(i)).’’. 

3 (b) EFFECTIVE DATE.—Subsection (d) of section 5312 

4 of title 38, United States Code, as added by subsection (a) 

5 of this section, shall take effect on the first day of the first 

6 calendar year that begins after the date of the enactment 

7 of this Act. 

8 SEC. 22. ACTION PLAN TO IMPROVE CORRELATION BE9 TWEEN EMPLOYEE PAY AND PERFORMANCE. 

10 (a) IN GENERAL.—Not later than 90 days after the 

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

12 Affairs shall, in consultation with the Director of the Office 

13 of Personnel Management, submit to Congress an action 

14 plan for improving the correlation between the pay, ad15 vancement, and rewards of employees of the Department of 

16 Veterans Affairs with their job performance, particularly 

17 with respect to employees who perform work in relation to 

18 processing and adjudicating claims for compensation under 

19 chapter 11 or 13 of title 38, United States Code. 

20 (b) ELEMENTS.—The action plan required by sub21 section (a) shall include the following: 

22 (1) Specific objectives, planned actions, metrics 

23 for measuring improvements, and methods for track24 ing progress. 


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1 (2) Such legislative changes as the Secretary con2 siders necessary to enhance the capacity of the De3 partment to improve the correlation described in sub4 section (a). 


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Calendar No. 654 

111TH CONGRESS 

2D SESSION S. 3517 

[Report No. 111–354] 

A BILL 

To amend title 38, United States Code, to improve 

fairs, and for other purposes. tion filed with the Department of Veterans Afthe processing of claims for disability compensaNOVEMBER 29, 2010 

Reported with an amendment 


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