IIB 
113TH CONGRESS 
1ST SESSION H. R. 2189 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 29, 2013 
Received; read twice and referred to the Committee on Veterans’ Affairs 
AN ACT 
To improve the processing of disability claims by the 
Department of Veterans Affairs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
Sec. 2. Scoring of budgetary effects. 
TITLE I—IMPROVEMENT OF CLAIMS PROCESSING 
Sec. 101. Evaluation of backlog of disability claims and appeals of claims of 
Department of Veterans Affairs. 
Sec. 102. Supplemental reports to the Strategic Plan to Eliminate the Com-
pensation Claims Backlog. 
Sec. 103. Expedition of transfer of certain records. 
Sec. 104. Claims processors training. 
Sec. 105. Report by Comptroller General of the United States. 
Sec. 106. Priority for processing claims of the Department of Veterans Affairs. 
Sec. 107. Public availability of certain information about pending and com-
pleted claims for compensation under the laws administered by 
the Secretary of Veterans Affairs. 
Sec. 108. Annual report on processing of claims. 
Sec. 109. Department of Veterans Affairs notice of average times for proc-
essing claims and percentage of claims approved. 
Sec. 110. Claim defined. 
TITLE II—COMPENSATION AND PENSIONS 
Sec. 201. Improvements to authority for performance of medical disabilities ex-
aminations by contract physicians. 
Sec. 202. Consideration by Secretary of Veterans Affairs of resources disposed 
of for less than fair market value by individuals applying for 
pension. 
Sec. 203. Bifurcated payments of compensation benefits under laws adminis-
tered by the Secretary of Veterans Affairs. 
Sec. 204. Pension for certain veterans covered by Medicaid plans for services 
furnished by nursing facilities. 
TITLE III—OTHER MATTERS 
Sec. 301. Review of operation of certain ships during the Vietnam Era. 
Sec. 302.
Methods for validating certain service considered to be active service 
by the Secretary of Veterans Affairs. 
Sec. 303. Designation of American World War II Cities. 
Sec. 304. Observance of Veterans Day. 
SEC. 2. SCORING OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
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Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
TITLE I—IMPROVEMENT OF 
CLAIMS PROCESSING 
SEC. 
101. 
EVALUATION 
OF 
BACKLOG 
OF 
DISABILITY 
CLAIMS AND APPEALS OF CLAIMS OF DE-
PARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—There is established a commission 
or task force to evaluate the backlog of claims within the 
Department of Veterans Affairs and the appeals process 
of claims. 
(b) STUDIES.— 
(1) BACKLOG STUDY.— 
(A) IN
GENERAL.—The Commission or 
Task Force, acting through the subcommittee 
described in subsection (d)(2)(A), shall carry 
out a study on the backlog of claims, including 
the current process the Secretary of Veterans 
Affairs uses to evaluate claims and appeals and 
the laws and regulations applicable to such 
claims and appeals. Such study shall be a com-
prehensive evaluation and assessment of the 
backlog of claims, an analysis of possible im-
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provements to the procedures used to process 
such claims, and any related issues that the 
Commission or Task Force considers relevant. 
(B) MATTERS INCLUDED.—In carrying out 
the study under subparagraph (A), the Com-
mission or Task Force shall examine the fol-
lowing: 
(i) The backlog of claims, including 
an analysis of— 
(I) the most effective means to 
quickly and accurately resolve all 
claims pending as of the date of the 
study; and 
(II) with respect to the Depart-
ment, the annual funding, number of 
full-time employees, workload manage-
ment practices, and the progress, as 
of the date of the study, of the stra-
tegic plan. 
(ii) Possible improvements to the 
claims process, including an evaluation and 
recommendations with respect to whether 
substantive and structural changes to the 
overall claims process are required. 
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(iii) In carrying out the evaluation 
and recommendations under subparagraph 
(B), an examination of— 
(I) options that make no major 
substantive changes to the claims 
process; 
(II) options that maintain the 
process but make minor changes; and 
(III) options that make broad 
changes to the process. 
(2) APPEALS PROCESS STUDY.— 
(A) IN
GENERAL.—The Commission or 
Task Force, acting through the subcommittee 
described in subsection (d)(2)(B), shall carry 
out a study on the anticipated increase of ap-
peals of claims, including the current appeals 
process and the laws and regulations applicable 
to such appeals. Such study shall be a com-
prehensive evaluation and assessment of such 
anticipated increase of appeals claims, an anal-
ysis of possible improvements to the procedures 
used to process such appeals, and any related 
issues that the Commission or Task Force con-
siders relevant. 
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(B) MATTERS INCLUDED.—In carrying out 
the study under subparagraph (A), the Com-
mission or Task Force shall examine the fol-
lowing: 
(i) The anticipated surge in appeals of 
claims, including an analysis of— 
(I) the most effective means to 
quickly and accurately resolve pending 
appeals and future appeals; 
(II) with respect to both the 
Board and the Court of Appeals for 
Veterans Claims, the annual funding, 
number of full-time employees, work-
load management practices, and the 
progress, as of the date of the study, 
of the strategic plan; and 
(III) the efficiency, effectiveness, 
and utility of the Veterans Benefits 
Management System with respect to 
appeals operations, including an iden-
tification of key changes that may 
need to be implemented to such sys-
tem. 
(ii) Possible improvements to the ap-
peals process, including an evaluation and 
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recommendations with respect to whether 
substantive and structural changes to the 
overall appeals process are required. 
(iii) In carrying out the evaluation 
and recommendations under clause (ii), an 
examination of— 
(I) options that make no major 
substantive changes to the appeals 
process; 
(II) options that maintain the 
process but make minor changes; 
(III) options that make broad 
changes to the process; 
(IV) the necessity of the multi- 
tiered levels of appeals at the regional 
office level, including filing a notice of 
disagreement, receipt of a statement 
of the case, supplemental statement of 
the case (if applicable), and sub-
stantive appeal (VA Form 9); 
(V) the role of the Board and the 
Appeals Management Center, includ-
ing— 
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(aa) the effectiveness of the 
workload management of the 
Board and the Center; 
(bb) whether the Board and 
Center should be regionalized or 
maintain the centralized struc-
ture in the District of Columbia; 
(cc) whether Board members 
should be required to pass the 
administrative law judges certifi-
cation examination; and 
(dd) 
whether 
the 
Board 
should continue to require de 
novo review of appeals; and 
(VI) the role of the Court of Ap-
peals for Veterans Claims and the 
United States Court of Appeals for 
the Federal Circuit, including— 
(aa) the continued effective-
ness and necessity of a multi- 
tiered structure of judicial re-
view; 
(bb) whether the Court of 
Appeals 
for 
Veterans 
Claims 
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should have Article I or Article 
III status; 
(cc) expansion of either the 
Court of Appeals for Veterans 
Claims or the United States 
Court of Appeals for the Federal 
Circuit jurisdiction, including by 
allowing such courts to hear class 
action lawsuits with respect to 
claims; and 
(dd) the possibility of ex-
panding judicial review of claims 
to all Federal circuit courts of 
appeals or allowing judicial re-
view beyond the Court of Appeals 
for Veterans Claims only by the 
Supreme Court. 
(3) CONSIDERATION.—In carrying out the stud-
ies under paragraph (1)(A) and (2)(A) and making 
any recommendations under this section, the Com-
mission or Task Force shall consider the following: 
(A) The interests of veterans, including 
with respect to accuracy, fairness, and trans-
parency in the claims process of the Depart-
ment. 
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(B) The values and requirements of the 
Constitution, including with respect to compli-
ance with procedural and substantive due proc-
ess. 
(C) The public interest, including with re-
spect to the responsible use of available re-
sources. 
(D) With respect to the study conducted 
under paragraph (1)(A), the importance of the 
claimant friendly, nonadversarial nature of the 
claims process. 
(E) With respect to the study conducted 
under paragraph (2)(A), the importance of an 
appeals process that is efficient and easily un-
derstandable by a claimant. 
(4) ROLE OF SECRETARY, CHAIRMAN OF THE 
BOARD, AND CHIEF JUDGE.— 
(A) INFORMATION.—In carrying out each 
study under paragraph (1)(A) and (2)(A), at 
times that the Commission or Task Force de-
termines appropriate, the Commission or Task 
Force shall submit to the Secretary of Veterans 
Affairs, the Chairman of the Board, and the 
Chief Judge of the Court of Appeals for Vet-
erans Claims, as the case may be, information 
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with respect to remedies and solutions that the 
Commission or Task Force identifies pursuant 
to such a study. 
(B) IMPLEMENTATION.—The Secretary, 
the Chairman of the Board, and the Chief 
Judge shall each— 
(i) fully consider the remedies and so-
lutions submitted to the Secretary, the 
Chairman, or the Chief Judge, as the case 
may be, under subparagraph (A); 
(ii) implement such remedies and so-
lutions as the Secretary, the Chairman, or 
the Chief Judge, respectively, determines 
appropriate; and 
(iii) submit to Congress justification 
for failing to implement any such remedy 
or solution. 
(C) PLAN.—The Commission or Task 
Force shall submit to the Secretary, the Chair-
man of the Board, and the Chief Judge a fea-
sible, timely, and cost-effective plan to eliminate 
the backlog of appeals of claims based on the 
remedies and solutions identified pursuant to 
the study under paragraph (2)(A) and the in-
formation submitted under subparagraph (A). 
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(c) COMPREHENSIVE REPORTS.— 
(1) INITIAL
COMPREHENSIVE
REPORT.—Not 
later than 60 days after the date on which the Com-
mission or Task Force first meets, the Commission 
or Task Force shall submit to the President and 
Congress an initial comprehensive report on the 
studies conducted under paragraphs (1)(A) and 
(2)(A) of subsection (b), including— 
(A) the findings of the causes of the back-
log of claims; 
(B) a proposed plan to handle the antici-
pated surge in appeals of claims; and 
(C) the level of cooperation the Commis-
sion or Task Force has received from the Sec-
retary and the heads of other departments or 
agencies of the Federal Government. 
(2) INTERIM COMPREHENSIVE REPORTS.—Not 
later than 90 days after the date on which the Com-
mission or Task Force first meets, and each 30-day 
period thereafter ending on the date on which the 
Commission or Task Force submits the final com-
prehensive report under paragraph (3), the Commis-
sion or Task Force shall submit to the President 
and Congress a comprehensive report on— 
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(A) the progress of the Secretary with re-
spect to implementing solutions to expedite the 
elimination of the backlog of claims pursuant to 
subsection (b)(4)(B)(ii); 
(B) the progress of the Secretary, the 
Chairman of the Board, and the Chief Judge of 
the Court of Appeals for Veterans Claims with 
respect to implementing solutions to complete 
appeals of claims in a timely manner in a time-
ly manner pursuant to such subsection; and 
(C) the level of cooperation the Commis-
sion or Task Force has received from the Sec-
retary and the heads of other departments or 
agencies of the Federal Government. 
(3) FINAL
COMPREHENSIVE
REPORT.—Not 
later than 180 days after the date on which the 
Commission or Task Force first meets, the Commis-
sion or Task Force shall submit to the President 
and Congress a comprehensive report on the fol-
lowing: 
(A) With respect to the study conducted 
under subsection (b)(1)(A)— 
(i) The findings, conclusions, and rec-
ommendations of the Commission or Task 
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(iv) The feasible, timely, and cost ef-
fective 
plan 
described 
in 
subsection 
(b)(4)(C). 
(v) The progress of the Secretary, the 
Chairman of the Board, and the Chief 
Judge of the Court of Appeals for Vet-
erans Claims with respect to implementing 
solutions to provide timely appeals of 
claims. 
(vi) 
Other 
information 
and 
rec-
ommendations with respect to the appeals 
process as the Commission or Task Force 
considers appropriate. 
(d) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Com-
mission or Task Force shall be composed of 15 
members, appointed as follows: 
(A) Two members appointed by the Speak-
er of the House of Representatives, one of 
whom shall be designated to serve upon the 
Subcommittee on the Backlog of Claims and 
one of whom shall be designated to serve upon 
the Subcommittee on Appeals. 
(B) Two members appointed by the minor-
ity leader of the House of Representatives, one 
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of whom shall be designated to serve upon the 
Subcommittee on the Backlog of Claims and 
one of whom shall be designated to serve upon 
the Subcommittee on Appeals. 
(C) Two members appointed by the major-
ity leader of the Senate, one of whom shall be 
designated to serve upon the Subcommittee on 
the Backlog of Claims and one of whom shall 
be designated to serve upon the Subcommittee 
on Appeals. 
(D) Two members appointed by the minor-
ity leader of the Senate, one of whom shall be 
designated to serve upon the Subcommittee on 
the Backlog of Claims and one of whom shall 
be designated to serve upon the Subcommittee 
on Appeals. 
(E) Three members appointed by the 
President, two of whom shall be designated to 
serve upon the Subcommittee on the Backlog of 
Claims and one of whom shall be designated to 
serve upon the Subcommittee on Appeals. 
(F) One member appointed by the Sec-
retary of Defense, whom shall be designated to 
serve upon the Subcommittee on the Backlog of 
Claims. 
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(G) Two members appointed by the Sec-
retary of Veterans Affairs, one of whom shall be 
designated to serve upon the Subcommittee on 
the Backlog of Claims and one of whom shall 
be designated to serve upon the Subcommittee 
on Appeals. 
(H) One member appointed by the Chief 
Judge of the Court of Appeals for Veterans 
Claims, whom shall be designated to serve upon 
the Subcommittee on Appeals. 
(2) SUBCOMMITTEES.—The Commission or 
Task Force shall have two subcommittees as follows: 
(A) A Subcommittee on the Backlog of 
Claims consisting of the eight members des-
ignated in accordance with paragraph (1). 
(B) A Subcommittee on Appeals consisting 
of the seven members designated in accordance 
with paragraph (1). 
(3) QUALIFICATIONS.—Each member appointed 
under paragraph (1) shall be appointed based on the 
experience of the member as a veteran or on the 
subject matter expertise or other relevant experience 
of the member. 
(4) ADVISORS.— 
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(A) IN GENERAL.—In addition to the 15 
members appointed under paragraph (1), the 
Commission or Task Force shall— 
(i) have five nonvoting, nonmember 
advisors, appointed by a majority of the 
Commission or Task Force, each from a 
different organization that represents the 
interests of veterans; and 
(ii) seek advice from experts from 
nongovernmental organizations (including 
veterans service organizations and military 
organizations), the Internet technology in-
dustry, and the insurance industry. 
(B) ADVICE.—Individuals described in 
clause (i) and (ii) of subparagraph (A) shall 
provide advice to both subcommittees described 
in paragraph (2). 
(5) CHAIRMAN.—The President shall designate 
a member of the Commission or Task Force who is 
appointed by the President and designated to serve 
upon the Subcommittee on the Backlog of Claims to 
serve as the chairman of the Commission or Task 
Force. The chairman may designate a member to 
serve as the chairman of the Subcommittee on the 
Backlog of Claims and a member to serve as the 
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chairman of the Subcommittee on Appeals to chair 
such subcommittees as the designee of the chairman 
of the Commission or Task Force. 
(6) PERIOD
OF
APPOINTMENT.—Members of 
the Commission or Task Force shall be appointed 
for the life of the Commission or Task Force. A va-
cancy shall not affect its powers. 
(7) VACANCY.—A vacancy on the Commission 
or Task Force shall be filled in the manner in which 
the original appointment was made. 
(8) APPOINTMENT
DEADLINE.—The appoint-
ment of members of the Commission or Task Force 
established in this section shall be made not later 
than 15 days after the date of the enactment of this 
Act. 
(e) MEETINGS.— 
(1) INITIAL
MEETING.—The Commission or 
Task Force shall hold its first meeting not later 
than 15 days after the date on which a majority of 
the members are appointed. 
(2) MEETINGS.—The Commission or Task 
Force shall meet at the call of the chairman. 
(3) QUORUM.—A majority of the members of 
the Commission or Task Force shall constitute a 
quorum, but a lesser number may hold hearings. 
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(f) POWERS OF THE COMMISSION OR TASK FORCE.— 
(1) HEARINGS.—The Commission or Task 
Force may hold such hearings, sit and act at such 
times and places, take such testimony, and receive 
such evidence as the Commission or Task Force con-
siders advisable to carry out the purposes of this 
section. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
The Commission or Task Force may secure directly 
from any department or agency of the Federal Gov-
ernment such information as the Commission or 
Task Force considers necessary to carry out the pro-
visions of this section. Upon request of the chair-
man, the head of such department or agency shall 
furnish such information to the Commission or Task 
Force. 
(3) POSTAL
SERVICES.—The Commission or 
Task Force may use the United States mails in the 
same manner and under the same conditions as 
other departments and agencies of the Federal Gov-
ernment. 
(4) GIFTS.—The Commission or Task Force 
may accept, use, and dispose of gifts or donations of 
service or property. 
(g) PERSONNEL MATTERS.— 
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