I 
110TH CONGRESS 
2D SESSION 
H. R. 5576 
To amend title 38, United States Code, to make certain improvements in 
the claims processing of the Department of Veterans Affairs, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2008 
Mr. BUYER (for himself and Mr. LAMBORN) introduced the following bill; 
which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to make certain 
improvements in the claims processing of 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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veteran Claims Back-
log Reduction Act of 2008’’. 
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
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provision, the reference shall be considered to be made to 
a section or other provision of title 38, United States 
Code. 
SEC. 3. ASSISTANCE IN PROVIDING NOTICE AND ASSIST-
ANCE TO CLAIMANTS REQUIRED AS A CONDI-
TION OF RECOGNITION AS AGENT OR ATTOR-
NEY. 
(a) ASSISTANCE.—Chapter 59 is amended— 
(1) in section 5902(b)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) unless such individual has certified to the 
Secretary that the individual will assist the Sec-
retary in complying with the Secretary’s obligations 
under sections 5103(a) and 5103A of this title.’’; 
and 
(2) in section 5903(a)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
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(C) by adding at the end the following new 
paragraph: 
‘‘(3) such individual has certified to the Sec-
retary that the individual will assist the Secretary in 
complying with the Secretary’s obligations under 
sections 5103(a) and 5103A of this title.’’. 
(b) TRAINING FOR RECOGNIZED REPRESENTATIVES 
OF ORGANIZATIONS.—Section 5902 is amended by adding 
at the end the following new subsection: 
‘‘(e) The Secretary shall establish a training program 
to provide training to individuals recognized under this 
section. Training provided pursuant to this subsection 
shall include a certification.’’. 
(c) TREATMENT OF CERTAIN CLAIMS.— 
(1) IN GENERAL.—Subchapter I of chapter 51 
is amended by adding at the end the following new 
section: 
‘‘§ 5109C. Treatment of certain claims 
‘‘(a) TREATMENT OF FULLY DEVELOPED CLAIMS.— 
In the case of a claim submitted to the Secretary that is 
certified as fully developed by the veteran submitting the 
claim and by a representative of an organization recog-
nized under section 5902 of this title who is a graduate 
of the training academy established under subsection (e) 
of that section, the Secretary shall consider the claim to 
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be fully developed and shall evaluate the claim based on 
the evidence provided. 
‘‘(b) PRESUMPTION REBUTTABLE.—Where there is 
affirmative evidence that a claim certified as fully devel-
oped under subsection (a) is not fully developed, the Sec-
retary may take such actions with respect to such claim 
as the Secretary determines are necessary to fully develop 
the claim.’’. 
(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. Treatment of certain claims.’’. 
SEC. 4. QUALITY CONTROL ASSESSMENT FOR REGIONAL 
OFFICES OF VETERANS BENEFITS ADMINIS-
TRATION. 
(a) ESTABLISHMENT
OF SYSTEM.—Chapter 7 is 
amended by adding at the end the following new section: 
‘‘§ 713. Veterans Benefits Administration quality con-
trol assessment 
‘‘(a) ASSESSMENT REQUIRED.—At least once each 
fiscal year the Secretary shall conduct a quality control 
assessment of one percent of the ratings specialists and 
veterans service representatives employed by the Veterans 
Benefits Administration. In conducting each such assess-
ment, the Secretary shall study a statistically valid sample 
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of the employee’s work and review the quality of that 
work. 
‘‘(b) ANNUAL REPORT.—Not later than 90 days after 
the last day of a fiscal year, the Secretary shall submit 
to Congress a report on the assessments conducted under 
this section during that fiscal year.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘713. Veterans Benefits Administration quality control assessment.’’. 
SEC. 5. ELECTRONIC PROCESSING OF CLAIMS FOR BENE-
FITS ADMINISTERED BY SECRETARY OF VET-
ERANS AFFAIRS. 
(a) ELECTRONIC PROCESSING OF CLAIMS.—Subtitle 
I of chapter 51, as amended by section 251(c), is further 
amended by adding at the end the following new section: 
‘‘§ 5109D. Electronic processing of claims 
‘‘(a) SYSTEM REQUIRED.—The Secretary shall carry 
out a two-year pilot program under which the Secretary 
shall develop and maintain a system for processing claims 
for disability compensation under this title using rules- 
based technology. Such system shall use medical and mili-
tary service data to generate recommendations with re-
spect to disability ratings. 
‘‘(b) QUARTERLY REPORTS.—For the period during 
which the Secretary carries out the pilot program under 
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subsection (a), the Secretary shall submit to the Commit-
tees on Veterans’ Affairs of the Senate and House of Rep-
resentatives quarterly reports on the pilot program.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter, as so amended, is further 
amended by adding at the end the following new item: 
‘‘5109D. Electronic processing of claims.’’. 
SEC. 6. TREATMENT OF BENEFICIARY OF VETERAN’S AC-
CRUED BENEFITS AS CLAIMANT FOR PUR-
POSES 
OF 
INCOMPLETE 
CLAIMS 
AS 
OF 
DEATH OF VETERAN. 
(a) IN GENERAL.—Section 5102 is amended by 
added at the end the following new subsection: 
‘‘(d) TREATMENT OF BENEFICIARIES AS CLAIMANTS 
ON DEATH OF VETERANS.—If a veteran who is a claimant 
dies before completing the submission of a claim for any 
benefit under a law administered by the Secretary, 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 completing the 
submission of the claim, except that such person may only 
submit new evidence in support of the claim during the 
60-day period beginning on the death of the veteran.’’. 
(b) EFFECTIVE DATE.—Subsection (d) of section 
5102 of title 38, United States Code, shall apply with re-
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spect to the claim of any veteran who dies on or after 
the date of the enactment of this Act. 
SEC. 7. EVALUATION OF TRAINING AND ASSESSMENT PRO-
GRAMS FOR EMPLOYEES OF VETERANS BEN-
EFITS ADMINISTRATION. 
(a) EVALUATION REQUIRED.—The Secretary of Vet-
erans Affairs shall enter into a contract with a private en-
tity with experience evaluating quality assurance and ben-
efits programs under which that entity shall— 
(1) conduct an evaluation of the items required 
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 re-
late to the training and performance assessment pro-
grams of the Department of Veterans Affairs for 
employees of the Veterans Benefits Administration 
who are responsible for matters relating to com-
pensation or pension benefits under the laws admin-
istered by the Secretary; and 
(2) not later than 180 days after the date of 
the enactment of this Act, submit to the Secretary 
the results of such evaluation. 
(b) SUBMISSION OF RESULTS TO CONGRESS.—The 
Secretary shall include the results of the evaluation re-
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quired under subsection (a) with the first annual report 
required to be submitted to Congress under section 529 
of title 38, United States Code, submitted after the date 
on which the Secretary receives such results. 
(c) REPORT.—Not later than 180 days after the date 
on which the Secretary submits the report referred to in 
subsection (b), the Secretary shall submit to Congress a 
report on any actions the Secretary has taken or plans 
to take in response to the results of the evaluation re-
quired under subsection (a). 
SEC. 8. ELECTRONIC MONITORING OF CLAIM STATUS. 
(a) MECHANISM FOR ELECTRONIC MONITORING RE-
QUIRED.—Subchapter I of chapter 51 is amended by in-
serting after section 5101 the following new section: 
‘‘§ 5101A. Electronic monitoring of claim status 
‘‘(a) MONITORING
OF CLAIM STATUS.—The Sec-
retary shall make available, on the Internet website of the 
Department, a mechanism that can be used by a claimant 
to check on the status of any claim submitted by that 
claimant. Such mechanism shall provide to the claimant— 
‘‘(1) if a decision has been reached with respect 
to such a claim, notice of the decision; or 
‘‘(2) if no such decision has been reached, no-
tice of— 
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‘‘(A) whether the application submitted by 
the claimant is complete; 
‘‘(B) whether the Secretary requires addi-
tional information or evidence to process the 
claim; 
‘‘(C) the estimated date on which a deci-
sion with respect to the claim is expected to be 
made; and 
‘‘(D) the stage at which the claim is being 
processed as of the date on which such status 
is checked. 
‘‘(b) RELATIONSHIP TO OTHER NOTICE REQUIRE-
MENTS.—Monitoring provided pursuant to subsection (a) 
shall not satisfy the responsibility of the Secretary to pro-
vide notice under section 5102, 5103, or 5104 of this 
title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 5101 the following new 
item: 
‘‘5101A. Electronic monitoring of claim status.’’. 
SEC. 9. PILOT PROGRAM ON SUBMITTAL OF CLAIMS TO 
ANY REGIONAL OFFICE OF THE DEPART-
MENT OF VETERANS AFFAIRS. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of 
Veterans Affairs shall carry out a two-year pilot program 
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under which the Secretary shall permit a qualifying vet-
eran filing a claim for benefits under a law administered 
by the Secretary to submit such claim to any regional of-
fice of the Department of Veterans Affairs. The Secretary 
shall promptly notify each qualifying veteran of the oppor-
tunity to participate in the pilot program. 
(b) QUALIFYING VETERANS.—For the purposes of 
the pilot program under subsection (a), a qualifying vet-
eran is a veteran who would, except as provided under the 
pilot program, be required to submit a claim to one of 
five regional offices of the Department selected by the Sec-
retary based on below average performance. 
(c) REPORTS.— 
(1) INTERIM REPORT.—Upon the selection of 
the Secretary of five regional offices for the purposes 
of subsection (b), the Secretary shall submit a report 
to Congress that lists the offices selected and the 
Secretary’s rationale for selecting such offices. 
(2) FINAL REPORT.—Not later than 90 days 
after the completion of the pilot program under sub-
section (a), the Secretary shall submit to Congress 
a final report on the pilot program that contains the 
Secretary’s recommendations with respect to the al-
location of resources among the regional offices of 
the Department. 
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SEC. 10. EXECUTIVE MANAGEMENT FELLOWSHIP PRO-
GRAM. 
(a) FELLOWSHIP PROGRAM.—Chapter 77 of title 38, 
United States Code is amended by adding at the end the 
following new subchapter: 
‘‘SUBCHAPTER III—EXECUTIVE MANAGEMENT 
FELLOWSHIP PROGRAM 
‘‘§ 7751. Executive Management Fellowship Program 
‘‘(a) FELLOWSHIP PROGRAM.—There is in the De-
partment an Executive Management Fellowship Program. 
The purpose of the program shall be to provide eligible 
employees of the Veterans Benefits Administration with 
training and experience in the private sector. 
‘‘(b) FELLOWSHIP.—(1) A fellowship provided under 
this section is a one-year fellowship during which the eligi-
ble employee who is the recipient of the fellowship shall 
receive training at a private-sector entity that is engaged 
in the administration and delivery of benefits. 
‘‘(2) The Secretary shall enter into such agreements 
with private-sector entities as are necessary to carry out 
this section. 
‘‘(c) SELECTION OF RECIPIENTS.—In August of each 
year, the Secretary shall select at least six and not more 
than 10 eligible employees to receive a fellowship under 
this section. 
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‘‘(d) ELIGIBLE EMPLOYEES.—(1) For the purposes 
of this section, an eligible employee is an employee of the 
Veterans Benefits Administration who— 
‘‘(A) is compensated at a rate of basic pay not 
less than the minimum rate of basic pay payable for 
grade GS–14 of the General Schedule and not more 
than the minimum rate of basic pay payable to a 
member of the Senior Executive Service under sec-
tion 5382 of title 5, United States Code; 
‘‘(B) enters into an agreement with the Sec-
retary under subsection (e); and 
‘‘(C) submits to the Secretary an application 
containing such information and assurances as the 
Secretary may require. 
‘‘(2) For purposes of paragraph (1)(A), the term 
‘basic pay’ does not include any comparability payment 
under section 5304 of such title 5 or any other similar 
payment 
‘‘(e) AGREEMENTS.—An agreement between the Sec-
retary and a recipient of a fellowship shall be in writing, 
shall be signed by the recipient, and shall include the fol-
lowing provisions: 
‘‘(1) The Secretary’s agreement— 
‘‘(A) to provide the recipient with a fellow-
ship under this section; and 
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‘‘(B) to afford the participant the oppor-
tunity for employment in the Veterans Benefits 
Administration (subject to the availability of 
appropriated funds for such purpose and other 
qualifications established in accordance with 
section 7402 of this title). 
‘‘(2) The recipient’s agreement— 
‘‘(A) to accept the fellowship; 
‘‘(B) after completion of the fellowship, to 
serve as a full-time employee in the Veterans 
Benefits Administration for at least two years 
as specified in the agreement; and 
‘‘(C) that, during the two-year period be-
ginning on the last day of the fellowship, the re-
cipient will not accept employment in the same 
industry as the industry of the private entity at 
which the recipient accepts the fellowship. 
‘‘(3) A provision that any financial obligation of 
the United States arising out of an agreement en-
tered into under this chapter, and any obligation of 
the recipient which is conditioned on such agree-
ment, is contingent upon funds being appropriated 
for educational assistance under this chapter. 
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‘‘(4) A statement of the damages to which the 
United States is entitled under this chapter for the 
recipient’s breach of the agreement. 
‘‘(5) Such other terms as the Secretary deter-
mines are required to be included in the agreement. 
‘‘(f) TREATMENT OF RECIPIENTS.—The recipient of 
a fellowship under this section shall be considered an em-
ployee of the Department for all purposes, including for 
purposes of receiving a salary and benefits, and shall re-
main eligible for all promotion and incentive programs 
otherwise available to such an employee. 
‘‘(g) REPORT TO CONGRESS.—Not later than 60 days 
after completing a fellowship under this section, a recipi-
ent shall submit to the Committees on Veterans’ Affairs 
of the Senate and House of Representatives a report on 
the fellowship. Each such report shall describe the duties 
of the recipient during the fellowship and any rec-
ommendations of the recipient for the application of indus-
try processes, technologies, and best practices. A report 
submitted under this subsection shall not be reviewable by 
the Secretary before being submitted to the Committees.’’. 
(b) DEADLINE
FOR IMPLEMENTATION.—Not later 
than 90 days after the date of the enactment of this Act, 
the Secretary of Veterans Affairs shall implement the Ex-
ecutive Management Fellowship Program required under 
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section 7751 of title 38, United States Code, as added by 
subsection (a). 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new items: 
‘‘III—EXECUTIVE MANAGEMENT FELLOWSHIP PROGRAM 
‘‘7751. Executive Management Fellowship Program.’’. 
Æ 
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