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, medical professionals, in-
cluding medical professionals who are not physicians, to 
act as a medical reference for employees of the Adminis-
tration so that such employees may accurately assess med-
ical evidence submitted in support of claims for benefits 
under laws administered by the Secretary. In no case shall 
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any such medical professional be employed to rate any dis-
ability 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 pro-
vide 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 
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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. 
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‘‘(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. 
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(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 
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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— 
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(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 
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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: 
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‘‘§ 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 
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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: 
‘‘§ 7288. Annual report 
‘‘The chief judge of the Court shall annually submit 
to the Committee on Veterans’ Affairs of the Senate and 
the Committee on Veterans’ Affairs of the House of Rep-
resentatives a report summarizing the workload of the 
Court during the last fiscal year that ended before the sub-
mission of such report. Such report shall include, with re-
spect to such fiscal year, the following information: 
‘‘(1) The number of appeals filed. 
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‘‘(2) The number of petitions filed. 
‘‘(3) The number of applications filed under 
section 2412 of title 28. 
‘‘(4) The number and type of dispositions, in-
cluding settlements. 
‘‘(5) The median time from filing to disposition. 
‘‘(6) The number of oral arguments. 
‘‘(7) The number and status of pending appeals 
and petitions and of applications described in para-
graph (3). 
‘‘(8) A summary of any service performed by 
recalled retired judges during the fiscal year. 
‘‘(9) The number of decisions or dispositions 
rendered by a single judge, multi-judge panels and 
the full Court. 
‘‘(10) The number of cases pending longer than 
18 months.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 72 of such title is amended 
by inserting after the item related to section 7287, the 
following new item: 
‘‘7288. Annual report.’’. 
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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. 
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Union Calendar No. 507 
110TH CONGRESS 
2D SESSION 
H. R. 5892 
[Report No. 110–789] 
A BILL 
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. 
JULY 29, 2008 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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