TITLE IV—ADJUDICATION
IMPROVEMENTS
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Veterans’ Adjudication
Improvements Act of 1994’’.
SEC. 402. REPORT ON FEASIBILITY OF REORGANIZATION OF
ADJUDICATION DIVISIONS IN VBA REGIONAL
OFFICES.
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans’ Affairs of the Senate and
House of Representatives a report addressing the feasibility
and impact of a reorganization of the adjudication divi-
sions located within the regional offices of the Veterans Ben-
efits Administration to a number of such divisions that
would result in improved efficiency in the processing of
claims filed by veterans, their survivors, or other eligible
persons, for benefits administered by the Secretary.
SEC. 403. MASTER VETERAN RECORD.
(a) REQUIREMENT.—The Secretary of Veterans Affairs
shall implement a recordkeeping system whereby each vet-
eran and other person eligible for benefits under laws ad-
ministered by the Secretary shall be identified by a single
identification number and through which information re-
lating to that person, including that person’s current eligi-
bility or entitlement status with respect to each benefit or
service administered by the Secretary, shall be available
through electronic means to employees of the Department
located in each regional office of the Veterans Benefits Ad-
ministration or medical center of the Veterans Health Ad-
ministration.
(b) DEADLINE FOR IMPLEMENTATION.—The record-
keeping system required by subsection (a) shall be imple-
mented not later than two years after the date of the enact-
ment of this Act
SEC. 404. REPORT ON PILOT PROGRAMS.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans’ Affairs
of the Senate and House of Representatives a report enu-
merating and describing each pilot program and major ini-
tiative being tested in the regional offices of the Veterans
Benefits Administration that affect the adjudication of
claims for benefits administered by the Secretary.
(b) CONTENTS.—The report shall include the Sec-
retary’s recommendations regarding the need, if any, for
legislation to implement any of such pilot programs the
Secretary may recommend. If the Secretary indicates that
legislation is not required to implement one or more of such
programs, the Secretary shall advise the Committees as to
whether any such pilot program will be implemented and
provide a timetable for such implementation.
SEC. 405. ACCEPTANCE OF CERTAIN DOCUMENTATION FOR
CLAIMS PURPOSES.
(a) STATEMENTS OF CLAIMANT TO BE ACCEPTED AS
PROOF OF RELATIONSHIPS.—Chapter 51 is amended by
adding at the end the following new section:
‘‘§ 5124. Acceptance of claimant’s statement as proof
of relationship
‘‘(a) For purposes of benefits under laws administered
by the Secretary, the Secretary shall accept the written
statement of a claimant as proof of the existence of any
relationship specified in subsection (b) for the purpose of
acting on such individual’s claim for benefits.
‘‘(b) Subsection (a) applies to proof of the existence of
any of the following relationships between a claimant and
another person:
‘‘(1) Marriage.
‘‘(2) Dissolution of a marriage.
‘‘(3) Birth of a child.
‘‘(4) Death of any family member.
‘‘(c) The Secretary may require the submission of doc-
umentation in support of the claimant’s statement—
‘‘(1) if the claimant does not reside within a
State; or
‘‘(2) if the statement on its face raises a question
as to its validity.’’.
(b) REPORTS OF EXAMINATIONS BY PRIVATE PHYSI-
CIANS.—Such chapter, as amended by subsection (a), is fur-
ther amended by adding at the end the following new sec-
tion:
‘‘§ 5125. Acceptance of reports of private physician ex-
aminations
‘‘For purposes of establishing a claim for benefits
under chapter 11 or 15 of this title, a report of a medical
examination administered by a private physician that is
provided by a claimant in support of a claim for benefits
under that chapter shall be accepted without a requirement
for confirmation by an examination by a physician em-
ployed by the Veterans Health Administration if the report
is sufficiently complete to be adequate for disability rating
purposes.’’.
(c) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new items:
‘‘5124. Acceptance of claimant’s statement as proof of relationship.
‘‘5125. Acceptance of reports of private physician examinations.’’.
SEC. 406. EXPEDITED TREATMENT OF REMANDED CLAIMS.
The Secretary shall take such actions as may be nec-
essary to provide for the expeditious treatment, by the
Board of Veterans’ Appeals and by the regional offices of
the Veterans Benefits Administration, of any claim that has
been remanded by the Board of Veterans’ Appeals or by the
United States Court of Veterans Appeals for additional de-
velopment or other appropriate action.
SEC. 407. SCREENING OF APPEALS.
Section 7107 of title 38, United States Code, is amend-
ed—
(1) in subsection (a)(1), by striking out ‘‘Each
case’’ and inserting in lieu thereof ‘‘Except as pro-
vided in subsection (f), each case’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f) Nothing in this section shall preclude the screening
of cases for purposes of—
‘‘(1) determining the adequacy of the record for
decisional purposes; or
‘‘(2) the development, or attempted development,
of a record found to be inadequate for decisional pur-
poses.’’.
SEC. 408. REVISION OF DECISIONS BASED ON CLEAR AND
UNMISTAKABLE ERROR.
(a) ORIGINAL DECISIONS.—(1) Chapter 51 is amended
by inserting after section 5109 the following new section:
‘‘§ 5109A. Revision of decisions on grounds of clear
and unmistakable error
‘‘(a) A decision by the Secretary under this chapter
is subject to revision on the grounds of clear and unmistak-
able error. If evidence establishes the error, the prior deci-
sion shall be reversed or revised.
‘‘(b) For the purposes of authorizing benefits, a rating
or other adjudicative decision that constitutes a reversal or
revision of a prior decision on the grounds of clear and
unmistakable error has the same effect as if the decision
had been made on the date of the prior decision.
‘‘(c) Review to determine whether clear and unmistak-
able error exists in a case may be instituted by the Sec-
retary on the Secretary’s own motion or upon request of
the claimant.
‘‘(d) A request for revision of a decision of the Sec-
retary based on clear and unmistakable error may be made
at any time after that decision is made.
‘‘(e) Such a request shall be submitted to the Secretary
and shall be decided in the same manner as any other
claim.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
5109 the following new item:
‘‘5109A. Revision of decisions on grounds of clear and unmistakable error.’’.
(b) BVA DECISIONS.—(1) Chapter 71 is amended by
adding at the end the following new section:
‘‘§ 7111. Revision of decisions on grounds of clear and
unmistakable error
‘‘(a) A decision by the Board is subject to revision on
the grounds of clear and unmistakable error. If evidence es-
tablishes the error, the prior decision shall be reversed or
revised.
‘‘(b) For the purposes of authorizing benefits, a rating
or other adjudicative decision of the Board that constitutes
a reversal or revision of a prior decision of the Board on
the grounds of clear and unmistakable error has the same
effect as if the decision had been made on the date of the
prior decision.
‘‘(c) Review to determine whether clear and unmistak-
able error exists in a case may be instituted by the Board
on the Board’s own motion or upon request of the claimant.
‘‘(d) A request for revision of a decision of the Board
based on clear and unmistakable error may be made at any
time after that decision is made.
‘‘(e) Such a request shall be submitted directly to the
Board and shall be decided by the Board on the merits,
without referral to any adjudicative or hearing official act-
ing on behalf of the Secretary.
TITLE V—MISCELLANEOUS
SEC. 501. RESTATEMENT OF INTENT OF CONGRESS CON-
CERNING 
COVERAGE 
OF 
RADIATION-EX-
POSED VETERANS COMPENSATION ACT OF
1988.
(a) RESTATEMENT OF ABSENCE OF STATUTORY LIMI-
TATION TO UNITED STATES TESTS.—(1) Clause (i) of sec-
tion 1112(c)(3)(B) is amended by inserting ‘‘(without re-
gard to whether the nation conducting the test was the Unit-
ed States or another nation)’’ after ‘‘nuclear device’’.
(2) The amendment made by paragraph (1) shall take
effect as of May 1, 1988.
(b) PROOF OF SERVICE CONNECTION OF DISABILITIES
RELATING TO EXPOSURE TO IONIZING RADIATION.—(1)
Section 1113(b) is amended—
(A) by striking out ‘‘title or’’ and inserting in
lieu thereof ‘‘title,’’; and
(B) by inserting ‘‘, or section 5 of Public Law
98–542 (38 U.S.C. 1154 note)’’ after ‘‘of this section’’.
(2) The amendments made by paragraph (1) shall
apply with respect to applications for veterans benefits that
are submitted to the Secretary of Veterans Affairs after the
date of the enactment of this Act.
SEC. 502. EXTENSION OF AUTHORITY TO MAINTAIN RE-
GIONAL OFFICE IN THE PHILIPPINES.
Section 315(b) is amended by striking out ‘‘December
31, 1994’’ and inserting in lieu thereof ‘‘December 31,
1999’’.
SEC. 503. RENOUNCEMENT OF BENEFIT RIGHTS.
Section 5306 is amended by adding at the end the fol-
lowing new subsection:
‘‘(c) Notwithstanding subsection (b), if a new applica-
tion for pension under chapter 15 of this title or for depend-
ency and indemnity compensation for parents under section
1315 of this title is filed within one year after renouncement
of that benefit, such application shall not be treated as an
original application and benefits will be payable as if the
renouncement had not occurred.’’.
SEC. 504. EFFECTIVE DATE OF DISCONTINUANCE OF COM-
PENSATION UPON DEATH OF CERTAIN VET-
ERANS.
(a) IN GENERAL.—Section 5112 is amended by adding
the following new subsection:
‘‘(d) In the case of a veteran who, at time of death,
was in receipt of compensation for a disability rated as
totally disabling with an additional amount being paid for
a spouse, if the Secretary determines that the surviving
spouse of such veteran is not eligible for dependency and
indemnity compensation, the effective date of the dis-
continuance of such compensation shall be the last day of
the month in which such death occurred.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to deaths occurring after
September 30, 1994.
Amend the title so as to read: ‘‘A bill to amend title
38, United States Code, to provide a cost-of-living adjust-
ment in the rates of disability compensation for veterans
with service-connected disabilities and the rates of de-
pendency and indemnity compensation for survivors of
such veterans, to revise and improve veterans’ benefits
programs, and for other purposes.’’.