IIB 
110TH CONGRESS 
2D SESSION 
H. R. 5892 
IN THE SENATE OF THE UNITED STATES 
JULY 31, 2008 
Received; read twice and referred to the Committee on Veterans’ Affairs 
AN ACT 
To amend title 38, United States Code, to direct the Sec-
retary of Veterans Affairs to modernize the disability 
benefits claims processing system of the Department of 
Veterans Affairs to ensure the accurate and timely deliv-
ery of compensation to veterans and their families and 
survivors, and for other purposes. 
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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: 
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(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. 
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(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 
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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 
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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 
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