I 
110TH CONGRESS 
2D SESSION 
H. R. 5709 
To amend title 38, United States Code, to require the Secretary of Veterans 
Affairs to carry out quality assurance activities with respect to the 
administration of disability compensation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2008 
Mr. SPACE introduced the following bill; which was referred to the Committee 
on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to require the Sec-
retary of Veterans Affairs to carry out quality assurance 
activities with respect to the administration of disability 
compensation, 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 ‘‘Veterans Disability 
Fairness Act’’. 
VerDate Aug 31 2005 
23:12 Apr 04, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5709.IH
H5709
jlentini on PROD1PC65 with BILLS
SEC. 2. QUALITY ASSURANCE RELATING TO DISABILITY 
COMPENSATION 
UNDER 
LAWS 
ADMINIS-
TERED BY SECRETARY OF VETERANS AF-
FAIRS. 
(a) QUALITY ASSURANCE REQUIREMENTS.— 
(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. Quality assurance relating to disability com-
pensation 
‘‘(a) QUALITY ASSURANCE.—In order to carry out 
the quality assurance program under section 7731 of this 
title with respect to the administration of disability com-
pensation, the Secretary shall ensure the accuracy and 
consistency across different offices within the Department 
of the treatment of claims for disability compensation, in-
cluding determinations with respect to disability ratings 
and whether a disability is service-connected. 
‘‘(b) TREATMENT OF DATA.— 
‘‘(1) RETENTION AND MONITORING.—The Sec-
retary shall retain, monitor, and store in an acces-
sible format data described in paragraph (2). 
‘‘(2) COVERED DATA.—The data described in 
this paragraph includes the following: 
VerDate Aug 31 2005 
23:12 Apr 04, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5709.IH
H5709
jlentini on PROD1PC65 with BILLS
‘‘(A) For each claim for disability com-
pensation under laws administered by the Sec-
retary submitted by a claimant— 
‘‘(i) the State in which the claimant 
resided when the claim was submitted; 
‘‘(ii) the decision of the Secretary with 
respect to the claim; 
‘‘(iii) the regional office and individual 
employee of the Department responsible 
for evaluating the claim; and 
‘‘(iv) if the claim was adjudicated, the 
results of such adjudication. 
‘‘(B) The State of the claimant’s residence. 
‘‘(C) Such other data as the Secretary de-
termines is appropriate for monitoring the accu-
racy and consistency of decisions with respect 
to such claims. 
‘‘(c) REVIEWS AND AUDITS.—(1) The Secretary shall 
conduct reviews and audits, at least annually, to identify 
and correct any inaccuracies or inconsistencies in dis-
ability ratings and the adjudication of claims for disability 
compensation under chapter 11 of this title. Such reviews 
and audits shall evaluate disability ratings and claims ad-
judication by regional office and by the employee respon-
sible for each such rating or adjudication. 
VerDate Aug 31 2005 
23:12 Apr 04, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5709.IH
H5709
jlentini on PROD1PC65 with BILLS
‘‘(2) In conducting reviews and audits under this sub-
section, the Secretary shall conduct a sufficient number 
of such reviews and audits to provide for statistically valid 
conclusions to be drawn. 
‘‘(d) EVALUATION OF EMPLOYEES.—In evaluating 
an employee of the Department whose responsibilities in-
clude the rating of disabilities or the adjudication of claims 
for disability compensation under chapter 11 of this title, 
the Secretary shall consider factors relating to the accu-
racy and consistency with which such employee performs 
such responsibilities.’’. 
(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 II the following new item: 
‘‘7735. Quality assurance relating to disability compensation.’’. 
(b) REPORT TO CONGRESS.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Veterans Affairs shall submit to Congress a report on 
the implementation of section 7735 of title 38, United 
States Code, as added by subsection (a). 
(c) INCLUSION OF INFORMATION RELATING TO CON-
SISTENCY OF DECISIONS IN ANNUAL REPORT.—Section 
7734(2) of title 38, United States Code, is amended by 
inserting ‘‘and consistency’’ after ‘‘accuracy’’. 
Æ 
VerDate Aug 31 2005 
23:12 Apr 04, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H5709.IH
H5709
jlentini on PROD1PC65 with BILLS