Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Veterans Disability Benefits Claims Modernization Act 
of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE 
I—MATTERS 
RELATING 
TO 
MODERNIZING 
THE 
DIS-
ABILITY COMPENSATION SYSTEM OF DEPARTMENT OF VET-
ERANS AFFAIRS 
Sec. 101. Office of Survivors Assistance. 
Sec. 102. Study on readjustment of schedule for rating disabilities. 
Sec. 103. Study on employee work credit system of Veterans Benefits Adminis-
tration. 
Sec. 104. Study on work management system. 
Sec. 105. Certification and training of employees of Veterans Benefits Adminis-
tration responsible for processing claims. 
Sec. 106. Annual assessment of quality assurance program. 
Sec. 107. Expedited treatment of fully developed claims and requirement for 
checklist to be provided to individuals submitting incomplete 
claims. 
Sec. 108. Study and report on employing medical professionals to assist em-
ployees of Veterans Benefits Administration. 
Sec. 109. Assignment of partial disability ratings to qualifying veterans. 
Sec. 110. Review and enhancement of use of information technology at Vet-
erans Benefits Administration. 
Sec. 111. Treatment of claims upon death of claimant. 
TITLE II—MATTERS RELATING TO UNITED STATES COURT OF 
APPEALS FOR VETERANS CLAIMS 
Sec. 201. Annual reports on workload of United States Court of Appeals for 
Veterans Claims. 
Sec. 202. Modification of jurisdiction and finality of decisions of United States 
Court of Appeals for Veterans Claims. 
SEC. 2. FINDINGS. 
Congress makes the following findings:
(1) At the end of fiscal year 2007, there were 
nearly 24,000,000 veterans in America. 
(2) According to the latest Annual Report from 
the Veterans Benefits Administration, there were 
3,582,255 veterans and survivors receiving com-
pensation and pension benefits under laws adminis-
tered by the Secretary of Veterans Affairs at the end 
of fiscal year 2006. 
(3) The number of veterans and survivors at 
the end of fiscal year 2006 included 2,725,824 vet-
erans receiving service-connected disability benefits, 
325,939 survivors receiving service-connected death 
benefits, 329,856 veterans receiving non-service-con-
nected disability benefits, and 200,636 survivors re-
ceiving non-service-connected death benefits. 
(4) During fiscal year 2006, almost 250,000 
beneficiaries began receiving benefits with 162,805 
of these being veterans whose compensation claims 
were granted. 
(5) Since October 7, 2001, the number of 
claims for new or increased benefits has risen sharp-
ly, exceeding 838,000 in 2007. 
(6) The Department of Veterans Affairs 
projects that the number of claims will surpass 
1,000,000 by the end of fiscal year 2008.
(7) The number of disability compensation 
claims pending before the Department stands at 
nearly 630,000, as of the date of the enactment of 
this Act, about a quarter of which have been back-
logged for over six months. 
(8) Processing times have increased from an av-
erage of 177 days in 2006 to 183 days in 2007. 
(9) The paper-based, labor-intensive process 
employed by the Department leaves many disabled 
veterans and survivors waiting months or years to 
receive the benefits they have earned. 
(10) The most prevalent disabilities among vet-
erans that are service-connected are auditory, with 
almost 840,000 veterans receiving compensation for 
such a disability, followed by musculoskeletal disabil-
ities and arthritis. 
(11) Post-traumatic stress disorder is the sixth 
most common disability, with more than 269,399 
service-connected veterans. 
(12) In 2006, the Veterans Health Administra-
tion treated 345,713 veterans with post-traumatic 
stress disorder, which was an increase of 27,099 
over 2005. 
(13) By January 2008, of the 1,600,000 vet-
erans who served in the Armed Forces after October
7, 2001, the Veterans Health Administration had 
treated 59,838 for post-traumatic stress disorder. 
(14) Disabilities are evaluated in accordance 
with the Department of Veterans Affairs Schedule 
for Rating Disabilities (referred to in this section as 
the ‘‘VASRD’’) under title 38, United States Code 
of Federal Regulations, part 4. 
(15) This schedule was originally created in 
1917 and was last comprehensively revised in 1945. 
(16) The VASRD contains many outdated and 
archaic criteria and lacks more commonly accepted 
medical practices and procedures. 
(17) Studies conducted by the Institute of Med-
icine found it to be an inadequate instrument for 
compensating disabilities for the average impair-
ments of earning capacity, especially in areas of 
mental health, unemployability, and for younger and 
severely injured veterans, and recommended it be re-
vised using more modern medical concepts. 
(18) The Department of Veterans Affairs must 
modernize the claims processing system of the Vet-
erans Benefits Administration to make it a first- 
class, veteran-centered system that uses 21st cen-
tury technologies and paradigms and reflects the
dignity and sacrifices made by disabled veterans, 
their families, and survivors. 
TITLE 
I—MATTERS 
RELATING 
TO MODERNIZING THE DIS-
ABILITY COMPENSATION SYS-
TEM 
OF 
DEPARTMENT 
OF 
VETERANS AFFAIRS 
SEC. 101. OFFICE OF SURVIVORS ASSISTANCE. 
(a) IN GENERAL.—Chapter 3 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 321. Office of Survivors Assistance 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish in the Veterans Benefits Administration an Office of 
Survivors Assistance (in this section referred to as the ‘Of-
fice’) to provide direct assistance regarding all benefits 
and services delivered by the Department— 
‘‘(1) to survivors and dependents of all deceased 
veterans; and 
‘‘(2) to survivors and dependents of all deceased 
members of the Armed Forces. 
‘‘(b) DUTIES.—The Office shall— 
‘‘(1) be responsible for ensuring that— 
‘‘(A) survivors and dependents of deceased 
veterans and deceased members of the Armed
Forces have access to applicable benefits and 
services under this title; 
‘‘(B) programs carried out by the Depart-
ment under this title for such survivors and de-
pendents are carried out in a manner that is re-
sponsive to such survivors and dependents and 
their unique needs; 
‘‘(C) regular and consistent monitoring of 
benefits delivery occurs; 
‘‘(D) appropriate referrals are being made 
with respect to such survivors and dependents 
by, to, and within the Veterans Benefits Admin-
istration, Veterans Health Administration, and 
National Cemetery Administration; and 
‘‘(E) such survivors and dependents are 
treated with dignity and respect by personnel of 
the Department; and 
‘‘(2) act as a primary advisor to the Secretary 
on all matters related to the policies, programs, leg-
islative issues, and other initiatives affecting such 
survivors and dependents. 
‘‘(c) ANNUAL REPORT.—The Secretary shall identify 
and include the activities of the Office in the annual report 
to Congress under section 529 of this title.
‘‘(d) GUIDANCE FROM STAKEHOLDERS.—In estab-
lishing the Office, the Secretary shall seek guidance from 
interested stakeholders, including appropriate employees, 
employee representatives, managers, and appropriate pub-
lic and private entities, including veteran service organiza-
tions and other service organizations. 
‘‘(e) RESOURCES.—The Secretary shall ensure that 
appropriate personnel, funding, and other resources are 
provided to the Office to carry out its responsibilities.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘321. Office of Survivors Assistance.’’. 
SEC. 102. STUDY ON READJUSTMENT OF SCHEDULE FOR 
RATING DISABILITIES. 
(a) STUDY ON ADJUSTMENT OF SCHEDULE.— 
(1) STUDY REQUIRED.—The Secretary of Vet-
erans Affairs shall conduct a study on adjusting the 
schedule for rating disabilities adopted and applied 
by the Secretary under section 1155 of title 38, 
United States Code, so as to base the schedule on 
standards, practices, and codes in common use by 
the medical, mental health, and disability professions 
that are current as of the date of the enactment of 
this Act.
(2) CONTENTS OF STUDY.—In conducting the 
study under this subsection, the Secretary shall— 
(A) determine how the schedule could be 
adjusted to take into account the loss of quality 
of life and loss of earnings that result from spe-
cific disabilities; 
(B) examine the nature of the disabilities 
for which disability compensation is payable 
under laws other than laws administered by the 
Secretary; 
(C) examine whether disparities exist be-
tween the rating of physical and mental disabil-
ities, especially with respect to how the severity 
of mental disabilities should be adjudicated to 
ensure parity with physical disabilities whereby 
a veteran can be rated totally disabled while 
maintaining some level of employment; 
(D) measure the effect of disabilities on 
the psychological states, physical integrity, and 
social adaptability of veterans with such disabil-
ities; and 
(E) examine the effect of a veteran’s injury 
or combination of injuries on—
(i) the average loss of the veteran’s 
earnings capacity, including the veteran’s 
inability to work in certain occupations; 
(ii) the veteran’s quality of life, in-
cluding activities of independent living, rec-
reational and community activities, and 
personal relationships, including the inabil-
ity to participate in favorite activities, so-
cial problems related to disfigurement or 
cognitive difficulties, and the need to spend 
increased amounts of time performing ac-
tivities of daily living; and 
(iii) the extent to which benefits for 
veterans may be used to encourage vet-
erans to seek and undergo vocational reha-
bilitation. 
(3) CONSULTATION.—In conducting the study 
under this subsection, the Secretary shall consult 
with appropriate public and private entities, agen-
cies, and veterans service organizations, and shall 
employ consultants. 
(4) DEADLINE
FOR
COMPLETION.—The Sec-
retary shall complete the study required under this 
subsection by not later than 180 days after the date 
of the enactment of this Act.
(5) REPORT TO CONGRESS.—Not later than 60 
days after completing the study required under this 
subsection, the Secretary shall submit to Congress a 
report on the study. The report shall include— 
(A) the results of the study on quality of 
life and the payment of compensation for serv-
ice-connected disabilities for which the Sec-
retary entered into a contract on January 28, 
2008; 
(B) the Secretary’s findings and conclu-
sions with respect to adjusting the schedule for 
rating disabilities adopted and applied by the 
Secretary under section 1155 of title 38, United 
States Code, to account for the loss of quality 
of life and loss of earnings that result from spe-
cific disabilities; 
(C) the Secretary’s findings and conclu-
sions with respect to— 
(i) the report of the Veterans’ Dis-
ability Benefits Commission; 
(ii) the report of the President’s Com-
mission on the Care for America’s Return-
ing Wounded Warriors; 
(iii) the report of the Institute of 
Medicine entitled ‘‘A 21st Century System
for Evaluating Veterans for Disability 
Benefits’’; and 
(iv) any other independent or advisory 
commission report on matters relating to 
such schedule that the Secretary deter-
mines is appropriate; 
(D) the Secretary’s recommendations with 
respect to the appropriate disabilities for inclu-
sion in the schedule; 
(E) the Secretary’s recommendations with 
respect to the amount of compensation payable 
to veterans for the loss of quality of life and the 
basis for such recommendations; 
(F) the Secretary’s recommendations with 
respect to the amount of compensation payable 
to veterans for average loss of earnings capacity 
and the appropriate standards for determining 
whether a disability has caused a veteran to 
incur a loss of earnings capacity; 
(G) the Secretary’s assessment of the ef-
fect of the treatment of mental disabilities 
under the schedule for rating disabilities, as in 
effect on the date of the enactment of this Act; 
and
(H) the Secretary’s determination with re-
spect to whether the regulations prescribed pur-
suant to section 1154 of title 38, United States 
Code, are consistent with providing, to the max-
imum extent possible, the benefit of the doubt 
to veterans covered by that section in the ab-
sence of official military records pertaining to 
the service-connection of a veteran’s disability, 
and in particular, of post-traumatic stress dis-
order, when a determination of service-connec-
tion would be consistent with the duties, condi-
tions, and hardships of service in the Armed 
Forces. 
(b) SUBMISSION OF PLAN.— 
(1) PLAN REQUIRED.—Not later than 120 days 
after the date on which the Secretary submits the 
report required under subsection (a)(5), the Sec-
retary shall submit to Congress a plan to readjust 
the schedule for rating disabilities adopted and ap-
plied by the Secretary under section 1155 of title 38, 
United States Code. In developing the plan required 
under this subsection, the Secretary shall consider 
the report submitted under subsection (a)(5) and 
shall provide for the readjustment of such schedule 
for rating disabilities to—
(A) align the schedule with medical con-
cepts considered best practices as of the date of 
the enactment of this Act, including those pro-
vided in the Current Procedural Terminology 
Manual, International Classification of Dis-
eases, the Diagnostic and Statistical Manual of 
Mental Disorders, and applicable American 
Medical Association Guides; 
(B) bridge the gap between the schedule, 
as in effect on the date of the enactment of this 
Act, and medical understandings, as of such 
date, of injuries and diseases and the affects of 
such injuries and diseases on the ability of a 
person suffering from them to function; 
(C) prioritize such readjustment with re-
spect to post-traumatic stress disorder, other 
mental disorders, neurological disorders, trau-
matic brain injury, orthopedic disabilities, and 
digestive disabilities; 
(D) ensure that the schedule is automated 
in accordance with the review and comprehen-
sive plan of the Secretary under section 110 of 
this Act; and 
(E) ensure that a transition plan is pro-
vided to ease the transition from the schedule
for rating disabilities, as in effect on the date 
of the enactment of this Act, to the implemen-
tation of the schedule for rating disabilities, as 
proposed to be readjusted by the plan under 
this subsection. 
(2) TIMELINE FOR READJUSTMENT.—The Sec-
retary shall include in the plan submitted under the 
subsection a proposed timeline for when the Sec-
retary intends to readjust the schedule. Such pro-
posed timeline may not exceed three years. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out subsections (a) and (b). 
(d) ADVISORY COMMITTEE
ON DISABILITY COM-
PENSATION.— 
(1) ESTABLISHMENT.—Subchapter III of chap-
ter 5 of title 38, United States Code, is amended by 
adding at the end the following new section: 
‘‘§ 546. Advisory Committee on Disability Compensa-
tion 
‘‘(a) ESTABLISHMENT.—(1) There is in the Depart-
ment the Advisory Committee on Disability Compensation 
(hereinafter in this section referred to as the ‘Committee’).
‘‘(2) The Committee shall consist of not more than 
18 members appointed by the Secretary from among indi-
viduals who— 
‘‘(A) have demonstrated significant civic or pro-
fessional achievement; and 
‘‘(B) have experience with the provision of dis-
ability compensation by the Department or are lead-
ing medical or scientific experts in relevant fields. 
‘‘(3) The Secretary shall seek to ensure that members 
appointed to the Committee include individuals from a 
wide variety of geographic areas and ethnic backgrounds, 
individuals from veterans service organizations, individ-
uals with combat experience, and women. 
‘‘(4) The Secretary shall determine the terms of serv-
ice and pay and allowances of the members of the Com-
mittee, except that a term of service may not exceed two 
years. The Secretary may reappoint any member for addi-
tional terms of service. 
‘‘(b) RESPONSIBILITIES OF COMMITTEE.—(1) The 
Secretary shall, on a regular basis, consult with and seek 
the advice of the Committee with respect to the mainte-
nance and periodic readjustment of the schedule for rating 
disabilities under section 1155 of this title. 
‘‘(2)(A) In providing advice to the Secretary under 
this subsection, the Committee shall—
‘‘(i) assemble and review relevant information 
relating to the needs of veterans with disabilities; 
‘‘(ii) provide information relating to the nature 
and character of disabilities arising from service in 
the Armed Forces; 
‘‘(iii) provide an on-going assessment of the ef-
fectiveness of the schedule for rating disabilities; and 
‘‘(iv) provide on-going advice on the most ap-
propriate means of responding to the needs of vet-
erans relating to disability compensation in the fu-
ture. 
‘‘(B) In carrying out its duties under subparagraph 
(A), the Committee shall take into special account the 
needs of veterans who have served in a theater of combat 
operations. 
‘‘(c) ANNUAL REPORT.—(1) Not later than March 31 
of each year, the Committee shall submit to the Secretary 
a report on the programs and activities of the Department 
that relate to the payment of disability compensation. 
Each such report shall include— 
‘‘(A) an assessment of the needs of vet-
erans with respect to disability compensation; 
‘‘(B) a review of the programs and activi-
ties of the Department designed to meet such 
needs; and
‘‘(C) such recommendations (including rec-
ommendations for administrative and legislative 
action) as the Committee considers appropriate. 
‘‘(2) Not later than 90 days after the receipt of a 
report under paragraph (1), the Secretary shall transmit 
to the Committees on Veterans’ Affairs of the Senate and 
House of Representatives a copy of the report, together 
with any comments and recommendations concerning the 
report that the Secretary considers appropriate. 
‘‘(3) The Committee may also submit to the Sec-
retary such other reports and recommendations as the 
Committee considers appropriate. 
‘‘(4) The Secretary shall submit with each annual re-
port submitted to the Congress pursuant to section 529 
of this title a summary of all reports and recommendations 
of the Committee submitted to the Secretary since the pre-
vious annual report of the Secretary submitted pursuant 
to that section. 
‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—(1) Except as provided in paragraph (2), 
the provisions of the Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the activities of the Committee 
under this section. 
‘‘(2) Section 14 of such Act shall not apply to the 
Committee.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end of the items relating to sub-
chapter III the following new item: 
‘‘546. Advisory Committee on Disability Compensation.’’. 
SEC. 103. STUDY ON EMPLOYEE WORK CREDIT SYSTEM OF 
VETERANS BENEFITS ADMINISTRATION. 
(a) STUDY REQUIRED.—The Secretary of Veterans 
Affairs shall conduct a study on the employee work credit 
system of the Veterans Benefits Administration of the De-
partment of Veterans Affairs, which is used to measure 
the work production of employees of the Veterans Benefits 
Administration. 
(b) CONTENTS OF STUDY.—In carrying out the study 
under subsection (a), the Secretary shall consider the ad-
visability of implementing— 
(1) performance standards and accountability 
measures to ensure that— 
(A) claims for benefits under the laws ad-
ministered by the Secretary are processed in an 
objective, accurate, consistent, and efficient 
manner; and 
(B) final decisions with respect to such 
claims are consistent and issued within the av-
erage amount of time required to process a 
claim, as identified by the Secretary in the most
recent annual report submitted by the Secretary 
under section 7734 of title 38, United States 
Code; 
(2) guidelines and procedures for the prompt 
processing of such claims that are ready to rate 
upon submission; 
(3) guidelines and procedures for the processing 
of such claims submitted by severely injured and 
very severely injured veterans, as determined by the 
Secretary; and 
(4) requirements for assessments of claims 
processing at each regional office for the purpose of 
producing lessons learned and best practices. 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
shall submit to Congress a report on the study conducted 
under this section and the progress of the Secretary in 
implementing the new system for evaluating employees of 
the Veterans Benefits Administration required under sub-
section (d). 
(d) EVALUATION OF VETERANS BENEFITS ADMINIS-
TRATION EMPLOYEES.— 
(1) NEW
SYSTEM
REQUIRED.—By not later 
than 180 days after the date on which the Secretary 
of Veterans Affairs submits to Congress the report
required under subsection (d), the Secretary shall es-
tablish a new system for evaluating the work produc-
tion of employees of the Veterans Benefits Adminis-
tration. Such system shall— 
(A) be based on the findings of the study 
conducted by the Secretary under this section; 
(B) focus on evaluating the accuracy and 
quality of ratings decisions made by such em-
ployees; and 
(C) not resemble or be based on any con-
cept on which the system in effect as of the 
date of the enactment of this Act is based. 
(2) SUSPENSION OF AWARD OF WORK CRED-
ITS.—If the Secretary of Veterans Affairs does not 
implement the new system for evaluating work pro-
duction as required under paragraph (1), the Sec-
retary may not award a work credit to any employee 
of the Veterans Benefits Administration until the 
Secretary has implemented such system. 
SEC. 104. STUDY ON WORK MANAGEMENT SYSTEM. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall conduct a study on the work management system 
of the Veterans Benefits Administration of the Depart-
ment of Veterans Affairs, which is designed to improve 
accountability, quality, and accuracy, and reduce the time
for processing claims for benefits under laws administered 
by the Secretary that are adjudicated by the Veterans 
Benefits Administration. 
(b) CONTENTS OF STUDY.—In conducting the study 
required under subsection (a), the Secretary shall con-
sider— 
(1) accountability for claims adjudication out-
comes; 
(2) the quality of claims adjudicated; 
(3) a simplified process to adjudicate claims; 
(4) the maximum use of information technology 
applications; 
(5) rules-based applications and tools for proc-
essing and adjudicating claims efficiently and effec-
tively; and 
(6) methods of reducing the time required to 
obtain information from outside sources. 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
shall submit to Congress a report on the study conducted 
under this section. 
SEC. 105. CERTIFICATION AND TRAINING OF EMPLOYEES 
OF VETERANS BENEFITS ADMINISTRATION 
RESPONSIBLE FOR PROCESSING CLAIMS. 
(a) EMPLOYEE CERTIFICATION REQUIRED.—
(1) IN GENERAL.—Subchapter II of chapter 77 
of title 38, United States Code, is amended by add-
ing at the end the following new section: 
‘‘§ 7735. Employee certification 
‘‘(a) DEVELOPMENT OF CERTIFICATION EXAMINA-
TION.—The Secretary shall develop a certification exam-
ination for appropriate employees and managers of the 
Veterans Benefits Administration who are responsible for 
processing claims for benefits under the laws administered 
by the Secretary. The Secretary shall develop such exam-
ination in consultation with examination development ex-
perts, interested stakeholders, including such appropriate 
employees, employee representatives, and managers, and 
appropriate public and private entities, including veterans 
service organizations and other service organizations. 
‘‘(b) EMPLOYEE AND MANAGER REQUIREMENT.— 
The Secretary shall require appropriate employees and 
managers of the Veterans Benefits Administration who 
are responsible for processing claims for benefits under 
the laws administered by the Secretary to take a certifi-
cation examination. 
‘‘(c) LIMITATION.—The Secretary may not satisfy 
any requirement of this section through the use of any 
certification examination or program that exists as of the
date of the enactment of the Veterans Disability Benefits 
Claims Modernization Act of 2008.’’. 
(2) DEADLINES
FOR
IMPLEMENTATION.—The 
Secretary of Veterans Affairs shall— 
(A) develop the certification examination 
required to be developed under section 7735 of 
title 38, United States Code, as added by sub-
section (a), by not later than one year after the 
date of the enactment of this Act; and 
(B) implement procedures for admin-
istering the certification of employees under 
such section and begin administering the certifi-
cation examination required under such section 
by not later than 90 days after the date on 
which the development of such certification ex-
amination is complete. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end of the items relating to sub-
chapter II the following new item: 
‘‘7735. Employee certification.’’. 
(b) EVALUATION OF TRAINING.— 
(1) EVALUATION REQUIRED.—The Secretary of 
Veterans Affairs shall enter into a contract with a 
private entity with experience evaluating training 
processes, continuing education needs, and central-
ized training requirements, under which that entity 
shall— 
(A) conduct an evaluation of the items re-
quired to be included in the annual report of 
the Secretary under section 7734 of title 38, 
United States Code, that were included in the 
last such report submitted before the date of 
the enactment of this Act, that relate to the 
training and performance assessment programs 
of the Department of Veterans Affairs for em-
ployees of the Veterans Benefits Administration 
who are responsible for matters relating to com-
pensation or pension benefits under the laws 
administered by the Secretary; and 
(B) not later than 180 days after the date 
of the enactment of this Act, submit to the Sec-
retary the results of such evaluation. 
(2) SUBMISSION OF RESULTS TO CONGRESS.— 
The Secretary shall include the results of the evalua-
tion required under paragraph (1) with the first an-
nual report required to be submitted to Congress 
under section 529 of title 38, United States Code, 
submitted after the date on which the Secretary re-
ceives such results.
(3) REPORT.—Not later than 180 days after 
the date on which the Secretary submits the report 
referred to in paragraph (2), the Secretary shall 
submit to Congress a report on any actions the Sec-
retary has taken or plans to take in response to the 
results of the evaluation required under paragraph 
(1). 
SEC. 106. ANNUAL ASSESSMENT OF QUALITY ASSURANCE 
PROGRAM. 
(a) ANNUAL ASSESSMENT REQUIRED.—Section 7731 
of title 38, United States Code, is amended by adding at 
the end the following new subsection: 
‘‘(c)(1) The Secretary shall enter into a contract with 
an independent third-party entity for the conduct of an 
annual assessment of the quality assurance program 
under this section. Each such assessment shall— 
‘‘(A) evaluate a statistically valid sample of em-
ployees of the Veterans Benefits Administration and 
a statistically valid sample of the work product of 
such employees to assess the quality and accuracy of 
such work product; 
‘‘(B) measure the performance of each regional 
office of the Veterans Benefits Administration;
‘‘(C) measure the accuracy of the disability rat-
ings assigned under the schedule for rating disabil-
ities under section 1155 of this title; 
‘‘(D) compare disability ratings and evaluate 
consistency between regional offices; 
‘‘(E) assess the performance of employees and 
managers of the Veterans Benefits Administration; 
and 
‘‘(F) produce automated categorizable data to 
help identify trends. 
‘‘(2) The Secretary shall use information gathered 
through the annual assessments required under this sec-
tion in developing the employee certification required 
under section 7735 of this title. 
‘‘(3) In order to carry out the quality assurance pro-
gram under this subsection with respect to the administra-
tion of disability compensation and to reduce the variances 
between ratings in the regional offices of the Department, 
the Secretary shall ensure the accuracy and consistency 
across different offices within the Department of the treat-
ment of claims for disability compensation, including de-
terminations with respect to disability ratings and whether 
a disability is service-connected. 
‘‘(4)(A) The Secretary shall retain, monitor, and 
store in an accessible format data described in subpara-
graph (B), including development of a demographic base-
line. 
‘‘(B) The data covered by this paragraph includes the 
following: 
‘‘(i) For each claim for disability compensation 
under laws administered by the Secretary submitted 
by a claimant— 
‘‘(I) the State in which the claimant re-
sided when the claim was submitted; 
‘‘(II) the decision of the Secretary with re-
spect to the claim; 
‘‘(III) the regional office and individual 
employee of the Department responsible for 
evaluating the claim; and 
‘‘(IV) the sex and race of the claimant. 
‘‘(ii) The State of the claimant’s residence. 
‘‘(iii) Such other data as the Secretary deter-
mines is appropriate for monitoring the accuracy 
and consistency of decisions with respect to such 
claims. 
‘‘(5) Nothing in this subsection shall require the Sec-
retary to replace the quality assurance program under this 
section, as in effect on the date of the enactment of the 
Veterans Disability Benefits Claims Modernization Act of 
2008.’’.
(b) REPORT TO CONGRESS.—Section 7734 of such 
title is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (3) as para-
graph (4); and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) the results and findings of the most recent 
annual assessment conducted under section 7731(c) 
of this title; and’’. 
SEC. 107. EXPEDITED TREATMENT OF FULLY DEVELOPED 
CLAIMS AND REQUIREMENT FOR CHECKLIST 
TO BE PROVIDED TO INDIVIDUALS SUBMIT-
TING INCOMPLETE CLAIMS. 
(a) EXPEDITED TREATMENT OF FULLY DEVELOPED 
CLAIMS.— 
(1) IN GENERAL.—Subchapter I of chapter 51 
of title 38, United States Code, is amended by add-
ing at the end the following new section: 
‘‘§ 5109C. Expedited treatment of fully developed 
claims 
‘‘(a) EXPEDITED TREATMENT REQUIRED.—The Sec-
retary shall take such actions as may be necessary to pro-
vide for the expeditious treatment by the appropriate re-
gional office of the Veterans Benefits Administration of 
any fully developed claim to ensure that any such claim 
is adjudicated not later than 90 days after the date on 
which the claim is submitted. 
‘‘(b) NOTICE OF REQUIRED INFORMATION AND EVI-
DENCE.—Nothing in this section shall affect the responsi-
bility of the Secretary to provide notice under section 5103 
to a claimant and a claimant’s representative of required 
information and evidence that is necessary to substantiate 
a fully developed claim. 
‘‘(c) FULLY DEVELOPED CLAIM DEFINED.—For 
purposes of this section, the term ‘fully developed claim’ 
means a claim for a benefit under a law administered by 
the Secretary— 
‘‘(1) for which the claimant— 
‘‘(A) received assistance from a veterans 
service officer, a State or county veterans serv-
ice officer, an agent, or an attorney; or 
‘‘(B) submits along with the claim an ap-
propriate indication that the claimant does not 
intend to submit any additional information in 
support of the claim and does not require addi-
tional assistance with respect to the claim; and 
‘‘(2) for which the claimant submits a certifi-
cation in writing that is signed by the claimant stat-
ing that at the time of signature, no additional in-
formation is available or needs to be submitted in 
order for the claim to be adjudicated.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end of the items relating to sub-
chapter I the following new item: 
‘‘5109C. Expedited treatment of fully developed claims.’’. 
(3) DEADLINES
FOR
IMPLEMENTATION.—By 
not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Veterans Affairs 
shall establish a process for expediting claims under 
section 5109C of title 38, United States Code, as 
added by paragraph (1). 
(b) PROVISION OF CHECKLIST TO INDIVIDUALS SUB-
MITTING INCOMPLETE CLAIMS.— 
(1) CHECKLIST.—Section 5103 of title 38, 
United States Code, is amended— 
(A) by redesignating subsection (b) as sub-
section (c); and 
(B) by inserting after subsection (a) the 
following new subsection (b): 
‘‘(b) PROVISION OF CHECKLIST.—In providing notice 
of required information and evidence to a claimant and 
a claimant’s representative, if any, under subsection (a), 
the Secretary shall provide to the claimant and any such
representative a checklist that includes a detailed descrip-
tion of information or evidence required to be submitted 
by the claimant to substantiate the claim.’’. 
(2) EFFECTIVE DATE.—Subsection (b) of sec-
tion 5103 of title 38, United States Code, as added 
by paragraph (1) shall apply with respect to notice 
provided after the date that is one year after the 
date of the enactment of this Act. 
(3) DEADLINE
FOR
CREATION
OF
CHECK-
LIST.—By not later than 180 days after the date of 
the enactment of this Act, the Secretary of Veterans 
Affairs shall create the checklist required under such 
subsection, as so added. 
(4) SUBMITTAL TO CONGRESS.—Not later than 
60 days after the Secretary creates the checklist re-
quired by such subsection, as so added, the Sec-
retary shall submit to Congress the checklist. 
SEC. 108. STUDY AND REPORT ON EMPLOYING MEDICAL 
PROFESSIONALS TO ASSIST EMPLOYEES OF 
VETERANS BENEFITS ADMINISTRATION. 
(a) STUDY.—The Secretary of Veterans Affairs shall 
conduct a study to evaluate the need of the Veterans Ben-
efits Administration of the Department of Veterans Af-
fairs to employ, in addition to medical professionals of the 
Veterans Health Administration, including medical profes-
sionals who are not physicians, to act as a medical ref-
erence for employees of the Administration so that such 
employees may accurately assess medical evidence sub-
mitted in support of claims for benefits under laws admin-
istered by the Secretary. In no case shall any such medical 
professional be employed to rate any disability or evaluate 
any claim. In conducting the study, the Secretary shall 
conduct statistically significant surveys of employees of 
the Administration to ascertain whether, how, and to what 
degree medical professionals could provide assistance to 
such employees. 
(b) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
shall submit to Congress a report on the study conducted 
under subsection (a). 
(c) ACCESS TO MEDICAL PROFESSIONALS.—If the 
Secretary hires medical professionals pursuant to the 
study conducted under this section, the Secretary shall en-
sure that employees employed by all regional offices of the 
Veterans Benefits Administration have access to such 
medical professionals.
SEC. 109. ASSIGNMENT OF PARTIAL DISABILITY RATINGS 
TO QUALIFYING VETERANS. 
(a) IN GENERAL.—Chapter 11 of title 38, United 
States Code, is amended by inserting after section 1155 
the following new section: 
‘‘§ 1156. Partial disability ratings 
‘‘(a) ASSIGNMENT OF PARTIAL RATINGS.—For the 
purpose of providing disability compensation under this 
chapter to a qualifying veteran, the Secretary shall assign 
a partial disability rating to the veteran as follows: 
‘‘(1) In the case of a qualifying veteran de-
scribed in subsection (b)(3)(A), a rating of 100 per-
cent. 
‘‘(2) In the case of a qualifying veteran de-
scribed in subsection (b)(3)(B), a rating of 50 per-
cent. 
‘‘(b) QUALIFYING VETERAN.—For the purposes of 
this section, a qualifying veteran is a veteran— 
‘‘(1) who has been discharged from active duty 
service for 365 days or less; 
‘‘(2) for whom a permanent disability rating is 
not immediately assignable under the regular provi-
sions of the schedule for rating disabilities under 
section 1155 of this title or on the basis of indi-
vidual unemployability; and 
‘‘(3) who has—
‘‘(A) a severe disability for whom substan-
tially gainful employment is not feasible or ad-
visable; or 
‘‘(B) a wound or injury, whether healed, 
unhealed or incompletely healed for whom ma-
terial impairment of employability is likely. 
‘‘(c) EXAMINATIONS.—A medical examination of a 
qualifying veteran is not required to be performed before 
assigning a partial disability rating to the veteran under 
this section, but the fact that such an examination is con-
ducted shall not prevent the Secretary from assigning such 
a rating. 
‘‘(d) TERMINATION OF PARTIAL RATING.—(1) Ex-
cept as provided in paragraph (2), a partial disability rat-
ing assigned to a veteran under this section shall remain 
in effect until the earlier of the following dates: 
‘‘(A) The date on which the veteran receives a 
permanent disability rating based on the schedule 
for rating disabilities under section 1155 of this 
title. 
‘‘(B) The date that is 365 days after the date 
of the veteran’s last separation or release from ac-
tive duty. 
‘‘(2) The Secretary may extend a partial disability 
rating assigned to a veteran under this section beyond the
applicable termination date under paragraph (1), if the 
Secretary determines that such an extension is appro-
priate.’’. 
(b) EFFECTIVE DATE.—Section 1156 of title 38, 
United States Code, as added by paragraph (1), shall take 
effect on the date of the enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1155 the following new 
item: 
‘‘1156. Partial disability ratings.’’. 
SEC. 110. REVIEW AND ENHANCEMENT OF USE OF INFOR-
MATION TECHNOLOGY AT VETERANS BENE-
FITS ADMINISTRATION. 
(a) REVIEW AND COMPREHENSIVE PLAN.—By not 
later than one year after the date of the enactment of this 
Act, the Secretary of Veterans Affairs shall conduct a re-
view of the use of information technology at the Veterans 
Benefits Administration and develop a comprehensive plan 
for the use of such technology in processing claims for 
benefits under laws administered by the Secretary of Vet-
erans Affairs that would reduce subjectivity, avoidable re-
mands, and regional office variances in disability ratings. 
(b) INFORMATION TECHNOLOGY.—The plan devel-
oped under subsection (a) shall include—
(1) the use of rules-based processing and infor-
mation technology systems and automated decision 
support software at all levels of processing claims; 
(2) the enhancement of the use of information 
technology for all aspects of the claims process; 
(3) a technological platform that allows for the 
use of information that members of the Armed 
Forces, veterans, and dependents have submitted 
electronically, including uploaded military records, 
medical evidence, and other appropriate documenta-
tion, and the capability to view applications for bene-
fits submitted online; 
(4) the use of electronic examination templates 
in conjunction with the schedule for rating disabil-
ities under section 1155 of title 38, United States 
Code; 
(5) making such changes as may be required to 
the information technology system of the Depart-
ment so as to ensure that users of such system are 
able to access the service medical records of the De-
partment of Defense by not later than one year after 
the date on which the plan is implemented; 
(6) the provision of bi-directional access to med-
ical records and service records between the Depart-
ment of Veterans Affairs and the Department of De-
fense; and 
(7) the availability, on the Internet website of 
the Department, of a mechanism that can be used 
by a claimant to check on the status of any claim 
submitted by that claimant and that provides infor-
mation on— 
(A) whether a decision has been reached 
with respect to such a claim, notice of the deci-
sion; or 
(B) if no such decision has been reached, 
notice of— 
(i) whether the application submitted 
by the claimant is complete; 
(ii) whether the Secretary requires ad-
ditional information or evidence to process 
the claim; 
(iii) the estimated date on which a de-
cision with respect to the claim is expected 
to be made; and 
(iv) the stage at which the claim is 
being processed as of the date on which 
such status is checked. 
(c) REVIEW
OF BEST PRACTICES
AND LESSONS 
LEARNED.—In carrying out this section, the Secretary
shall review best practices and lessons learned within the 
Department of Veterans Affairs and the use of the tech-
nology known as ‘‘VistA’’ by other Government entities 
and private sector organizations who employ information 
technology and automated decision support software 
(d) REDUCTION OF CLAIMS PROCESSING TIME.—In 
carrying out this section, the Secretary shall ensure that 
a plan is developed that, within three years of implementa-
tion, would reduce the processing time for each claim proc-
essed by the Veterans Benefits Administration to not 
longer than the average amount of time to required to 
process a claim, as identified by the Secretary in the most 
recent annual report submitted by the Secretary under 
section 7734 of title 38, United States Code. 
(e) CONSULTATION.—In carrying out this section, the 
Secretary of Veterans Affairs shall consult with informa-
tion technology designers at the Veterans Health Adminis-
tration, VistA managers, the Secretary of Defense, appro-
priate officials of other Government agencies, appropriate 
individuals in the private and public sectors, veterans serv-
ice organizations, and other relevant service organizations. 
(f) REPORT TO CONGRESS.—By not later than Janu-
ary 1, 2009, the Secretary shall submit to Congress a re-
port on the review and comprehensive plan required under 
this section.
SEC. 111. TREATMENT OF CLAIMS UPON DEATH OF CLAIM-
ANT. 
(a) TREATMENT OF BENEFICIARY OF VETERAN’S 
ACCRUED BENEFITS AS CLAIMANT FOR PURPOSES OF IN-
COMPLETE CLAIMS UPON DEATH OF VETERAN.—Chapter 
51 of title 38, United States Code, is amended by inserting 
after section 5121 the following new section: 
‘‘§ 5121A. Substitution in case of death of claimant 
‘‘(a) SUBSTITUTION.—If a veteran who is a claimant 
dies while a claim for any benefit under a law administered 
by the Secretary, or an appeal of a decision with respect 
to such a claim, is pending and awaiting adjudication, the 
person who would receive any accrued benefits due to the 
veteran under section 5121(a)(2) of this title shall be 
treated as the claimant for the purposes of processing the 
claim to completion, except that such person may only 
submit new evidence in support of the claim during the 
one-year period beginning on the date of the death of the 
veteran. 
‘‘(b) LIMITATION.—Only one person may be treated 
as the claimant under subsection (a). 
‘‘(c) DESIGNATION OF THIRD PARTY.—If the person 
who would be eligible to be treated as the claimant under 
subsection (a) certifies to the Secretary that the person 
does not want to be treated as the claimant for such pur-
poses, such person may designate the person who would
receive the benefits under section 5121(a)(2) upon the 
death of the person who would otherwise be treated as 
the claimant under subsection (a) to be treated as the 
claimant for the purposes of processing the claim to com-
pletion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 5121 the following new 
item: 
‘‘5121A. Death of claimant.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to the claim of any 
veteran who dies on or after the date of the enactment 
of this Act. 
TITLE II—MATTERS RELATING 
TO UNITED STATES COURT 
OF APPEALS FOR VETERANS 
CLAIMS 
SEC. 201. ANNUAL REPORTS ON WORKLOAD OF UNITED 
STATES COURT OF APPEALS FOR VETERANS 
CLAIMS. 
(a) IN GENERAL.—Subchapter III of chapter 72 of 
title 38, United States Code, is amended by adding at the 
end the following new section:
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item related to section 7287 the following new 
item: 
‘‘7288. Annual report.’’. 
SEC. 202. MODIFICATION OF JURISDICTION AND FINALITY 
OF DECISIONS OF UNITED STATES COURT OF 
APPEALS FOR VETERANS CLAIMS. 
(a) MODIFICATION.—Section 7252(a) of title 38, 
United States Code, is amended— 
(1) by striking the third sentence; and 
(2) by adding at the end the following new sen-
tence: ‘‘The Court shall have power to affirm, mod-
ify, reverse, remand, or vacate and remand a deci-
sion of the Board after deciding all relevant assign-
ments of error raised by an appellant for each par-
ticular claim for benefits. In a case in which the 
Court reverses a decision on the merits of a par-
ticular claim and orders an award of benefits, the 
Court need not decide any additional assignments of 
error with respect to that claim.’’ 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to a decision of the
Board of Veterans’ Appeals made on or after the date of 
the enactment of this Act. 
Passed the House of Representatives July 30, 2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 5892 
AN ACT 
To amend title 38, United States Code, to direct 
the Secretary of Veterans Affairs to modernize 
the disability benefits claims processing system of 
the Department of Veterans Affairs to ensure the 
accurate and timely delivery of compensation to 
veterans and their families and survivors, and for 
other purposes.