I 
111TH CONGRESS 
2D SESSION 
H. R. 6132 
To amend title 38, United States Code, to establish a transition program 
for new veterans, to improve the disability claim system, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2010 
Mr. FILNER (for himself, Mr. MICHAUD, Ms. HERSETH SANDLIN, Mr. HALL 
of New York, and Mr. TEAGUE) introduced the following bill; which was 
referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to establish a transi-
tion program for new veterans, to improve the disability 
claim system, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Veterans Benefits and Economic Welfare Improvement 
Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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Sec. 2. Military transition program. 
Sec. 3. Waiver of claim development period for claims under laws administered 
by Secretary of Veterans Affairs. 
Sec. 4. Tolling of timing of review for appeals of final decisions of Board of 
Veterans’ Appeals. 
Sec. 5. Exclusion of certain amounts from determination of annual income with 
respect to pensions for veterans and surviving spouses and chil-
dren of veterans. 
Sec. 6. Extension of authority of Secretary of Veterans Affairs to obtain certain 
income information from other agencies. 
Sec. 7. VetStar Award program. 
Sec. 8. Increase in amount of pension for Medal of Honor recipients. 
Sec. 9. Conditions for treatment of certain persons as adjudicated mentally in-
competent. 
SEC. 2. MILITARY TRANSITION PROGRAM. 
(a) IN GENERAL.—Chapter 41 of title 38, United 
States Code, is amended by inserting after section 4114 
the following new section: 
‘‘§ 4115. Military transition program 
‘‘(a) ESTABLISHMENT; ELIGIBILITY.—(1) Subject to 
the availability of appropriations for such purpose, the 
Secretary of Veterans Affairs and the Assistant Secretary 
of Labor for Veterans’ Employment and Training shall 
jointly carry out a program of training to provide eligible 
veterans with skills relevant to the job market. 
‘‘(2) For purposes of this section, the term ‘eligible 
veteran’ means any veteran whom the Secretary of Vet-
erans Affairs determines— 
‘‘(A) is not otherwise eligible for education or 
training services under this title; 
‘‘(B) has not acquired a marketable skill since 
being separated or released from service in the 
Armed Forces; 
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‘‘(C) was discharged under honorable condi-
tions; and 
‘‘(D)(i) has been unemployed for at least 90 
days during the 180-day period preceding the date 
of application for the program established under this 
section; or 
‘‘(ii) during such 180-day period received a 
maximum hourly rate of pay of not more than 150 
percent of the Federal minimum wage. 
‘‘(b) APPRENTICESHIP
OR ON-THE-JOB TRAINING 
PROGRAM.—The program established under this section 
shall provide for payments to employers who provide for 
eligible veterans a program of apprenticeship or on-the- 
job training if— 
‘‘(1) such program is approved as provided in 
paragraph (1) or (2) of section 3687(a) of this title; 
‘‘(2) the rate of pay for veterans participating 
in the program is not less than the rate of pay for 
nonveterans in similar jobs; and 
‘‘(3) the Assistant Secretary of Labor for Vet-
erans’ Employment and Training reasonably expects 
that— 
‘‘(A) the veteran will be qualified for em-
ployment in that field upon completion of train-
ing; and 
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‘‘(B) the employer providing the program 
will continue to employ the veteran at the com-
pletion of training. 
‘‘(c) PAYMENTS TO EMPLOYERS.—(1) Subject to the 
availability of appropriations for such purpose, the Assist-
ant Secretary of Labor for Veterans’ Employment and 
Training shall enter into contracts with employers to pro-
vide programs of apprenticeship or on-the-job training 
that meet the requirements of this section. Each such con-
tract shall provide for the payment of the amounts de-
scribed in paragraph (2) to employers whose programs 
meet such requirements. 
‘‘(2) The amount paid under this section with respect 
to any eligible veteran for any period shall be 50 percent 
of the wages paid by the employer to such veteran for such 
period. Wages shall be calculated on an hourly basis. 
‘‘(3)(A) Except as provided in subparagraph (B)— 
‘‘(i) the amount paid under this section with re-
spect to a veteran participating in the program es-
tablished under this section may not exceed $20,000 
in the aggregate or $1,666.67 per month; and 
‘‘(ii) such payments may only be made during 
the first 12 months of such veteran’s participation 
in the program. 
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‘‘(B) In the case of a veteran participating in the pro-
gram on a less than full-time basis, the Assistant Sec-
retary of Labor for Veterans’ Employment and Training 
may extend the number of months of payments under sub-
paragraph (A) and proportionally adjust the amount of 
such payments, but the aggregate amount paid with re-
spect to such veteran may not exceed $20,000 and the 
maximum number of months of such payments may not 
exceed 24 months. 
‘‘(4) Payments under this section shall be made on 
a quarterly basis. 
‘‘(5) Each employer providing a program of appren-
ticeship or on-the-job training pursuant to this section 
shall submit to the Assistant Secretary of Labor for Vet-
erans’ Employment and Training on a quarterly basis a 
report certifying the wages paid to eligible veterans under 
such program (which shall be certified by the veteran as 
being correct) and containing such other information as 
the Assistant Secretary may specify. Such report shall be 
submitted in the form and manner required by the Assist-
ant Secretary. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$10,000,000 for each fiscal year for which the program 
is carried out. 
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‘‘(e) REPORTING.—The Secretary of Veterans Af-
fairs, in coordination with the Assistant Secretary of 
Labor for Veterans’ Employment and Training, shall in-
clude a description of activities carried out under this sec-
tion in the annual report prepared submitted under sec-
tion 529 of this title. 
‘‘(f) TERMINATION.—The authority to carry out a 
program under this section shall terminate on September 
30, 2016.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 4114 the following new 
item: 
‘‘4115. Military transition program’’. 
(c) CONFORMING
AMENDMENTS.—(1) Subsection 
(a)(1) of section 3034 of such title is amended by striking 
‘‘and 3687’’ and inserting ‘‘3687, and 4115’’. 
(2) Subsections (a)(1) and (c) of section 3241 of such 
title are each amended by striking ‘‘section 3687’’ and in-
serting ‘‘sections 3687 and 4115’’. 
(3) Subsection (d)(1) of section 3672 of such title is 
amended by striking ‘‘and 3687’’ and inserting ‘‘3687, 
and 4115’’. 
(4) Paragraph (3) of section 4102A(b) of such title 
is amended by striking ‘‘section 3687’’ and inserting ‘‘sec-
tion 3687 or 4115’’. 
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(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is one year 
after the date of the enactment of this Act. 
SEC. 3. WAIVER OF CLAIM DEVELOPMENT PERIOD FOR 
CLAIMS UNDER LAWS ADMINISTERED BY 
SECRETARY OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 5101 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d)(1) If a claimant submits to the Secretary a claim 
that the Secretary determines is a fully developed claim, 
the Secretary shall provide— 
‘‘(A) the claimant with the opportunity to waive 
any claim development period otherwise made avail-
able by the Secretary with respect to such claim; and 
‘‘(B) expeditious treatment to such claim. 
‘‘(2) If a person submits to the Secretary any written 
notification sufficient to inform the Secretary that the per-
son plans to submit a fully developed claim and, not later 
than one year after submitting such notification submits 
to the Secretary a claim that the Secretary determines is 
a fully developed claim, the Secretary shall provide expedi-
tious treatment to the claim. 
‘‘(3) If the Secretary determines that a claim sub-
mitted by a claimant as a fully developed claim is not fully 
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developed, the Secretary shall provide such claimant with 
the notice described in section 5103(a) within 30 days 
after the Secretary makes such determination. 
‘‘(4) For purposes of this section: 
‘‘(A) The term ‘fully developed claim’ means a 
claim— 
‘‘(i) for which the claimant— 
‘‘(I) received assistance from a vet-
erans service officer, a State or county vet-
erans service organization, an agent, or an 
attorney; or 
‘‘(II) submits, together with the claim, 
an appropriate indication that the claimant 
does not intend to submit any additional 
information or evidence in support of the 
claim and does not require additional as-
sistance with respect to the claim; and 
‘‘(ii) for which the claimant or the claim-
ant’s representative, if any, each signs, dates, 
and submits a certification in writing stating 
that, as of such date, no additional information 
or evidence is available or needs to be submitted 
in order for the claim to be adjudicated. 
‘‘(B) The term ‘expeditious treatment’ means, 
with respect to a claim for benefits under the laws 
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administered by the Secretary, treatment of such 
claim so that the claim is fully processed and adju-
dicated within 90 days after the Secretary receives 
an application for such claim.’’. 
(b) APPEALS FORM AVAILABILITY.—Subsection (b) 
of section 5104 of such title is amended— 
(1) by striking ‘‘and (2)’’ and inserting ‘‘(2)’’; 
and 
(2) by inserting before the period at the end the 
following: ‘‘, and (3) any form or application re-
quired by the Secretary to appeal such decision’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to claims submitted 
on or after the date of the enactment of this Act. 
SEC. 4. TOLLING OF TIMING OF REVIEW FOR APPEALS OF 
FINAL DECISIONS OF BOARD OF VETERANS’ 
APPEALS. 
(a) IN GENERAL.—Section 7266(a) of title 38, 
United States Code, is amended— 
(1) by striking ‘‘In order’’ and inserting ‘‘(1) 
Except as provided in paragraph (2), in order’’; and 
(2) by adding at the end the following new 
paragraph: 
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‘‘(2)(A) The 120-day period described in paragraph 
(1) shall be extended upon a showing of good cause for 
such time as justice may require. 
‘‘(B) For purposes of this paragraph, it shall be con-
sidered good cause if a person was unable to file a notice 
of appeal within the 120-day period because of the per-
son’s service-connected disability.’’. 
(b) APPLICABILITY.— 
(1) IN
GENERAL.—Paragraph (2) of section 
7266(a) of such title, as added by subsection (a), 
shall apply to a notice of appeal filed with respect 
to a final decision of the Board of Veterans’ Appeals 
that was issued on or after July 24, 2008. 
(2) REINSTATEMENT.—Any petition for review 
filed with the Court of Appeals for Veterans Claims 
that was dismissed by such Court on or after July 
24, 2008, as untimely, shall, upon the filing of a pe-
tition by an adversely affected person filed not later 
than six months after the date of the enactment of 
this Act, be reinstated upon a showing that the peti-
tioner had good cause for filing the petition on the 
date it was filed. 
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SEC. 5. EXCLUSION OF CERTAIN AMOUNTS FROM DETER-
MINATION OF ANNUAL INCOME WITH RE-
SPECT TO PENSIONS FOR VETERANS AND 
SURVIVING SPOUSES AND CHILDREN OF VET-
ERANS. 
(a) CERTAIN AMOUNTS PAID FOR REIMBURSEMENTS 
AND FOR PAIN AND SUFFERING.—Paragraph (5) of sec-
tion 1503(a) of title 38, United States Code, is amended 
to read as follows: 
‘‘(5) payments regarding— 
‘‘(A) reimbursements of any kind (includ-
ing insurance settlement payments) for— 
‘‘(i) expenses related to the repay-
ment, replacement, or repair of equipment, 
vehicles, items, money, or property result-
ing from— 
‘‘(I) any accident (as defined in 
regulations which the Secretary shall 
prescribe), but the amount excluded 
under this subclause shall not exceed 
the greater of the fair market value or 
reasonable replacement value of the 
equipment or vehicle involved at the 
time immediately preceding the acci-
dent; 
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‘‘(II) any theft or loss (as defined 
in regulations which the Secretary 
shall prescribe), but the amount ex-
cluded under this subclause shall not 
exceed the greater of the fair market 
value or reasonable replacement value 
of the item or the amount of the 
money (including legal tender of the 
United States or of a foreign country) 
involved at the time immediately pre-
ceding the theft or loss; or 
‘‘(III) any casualty loss (as de-
fined in regulations which the Sec-
retary 
shall 
prescribe), 
but 
the 
amount excluded under this subclause 
shall not exceed the greater of the fair 
market value or reasonable replace-
ment value of the property involved at 
the time immediately preceding the 
casualty loss; and 
‘‘(ii) medical expenses resulting from 
any accident, theft, loss, or casualty loss 
(as defined in regulations which the Sec-
retary shall prescribe), but the amount ex-
cluded under this clause shall not exceed 
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the costs of medical care provided to the 
victim of the accident, theft, loss, or cas-
ualty loss; and 
‘‘(B) pain and suffering (including insur-
ance settlement payments and general damages 
awarded by a court) related to an accident, 
theft, loss, or casualty loss, but the amount ex-
cluded under this subparagraph shall not exceed 
an amount determined by the Secretary on a 
case-by-case basis;’’. 
(b) CERTAIN AMOUNTS PAID BY STATES AND MU-
NICIPALITIES AS VETERANS BENEFITS.—Section 1503(a) 
of title 38, United States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(10); 
(2) by redesignating paragraph (11) as para-
graph (12); and 
(3) by inserting after paragraph (10) the fol-
lowing new paragraph (11): 
‘‘(11) payment of a monetary amount of up to 
$5,000 to a veteran from a State or municipality 
that is paid as a veterans’ benefit due to injury or 
disease; and’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall apply with respect to deter-
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minations of income for calendar years beginning after Oc-
tober 1, 2011. 
SEC. 6. EXTENSION OF AUTHORITY OF SECRETARY OF VET-
ERANS AFFAIRS TO OBTAIN CERTAIN IN-
COME INFORMATION FROM OTHER AGEN-
CIES. 
Section 5317 of title 38, United States Code, is 
amended by striking ‘‘September 30, 2011’’ and inserting 
‘‘September 30, 2015’’. 
SEC. 7. VETSTAR AWARD PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Veterans 
Affairs shall establish an award program, to be known as 
the ‘‘VetStar Award Program’’, to annually recognize 
businesses for their contributions to veterans’ employ-
ment. 
(b) ADMINISTRATION.—The Secretary shall establish 
a process for the administration of the award program, 
including criteria for— 
(1) categories and sectors of businesses eligible 
for recognition each year; and 
(2) objective measures to be used in selecting 
businesses to receive the award. 
(c) VETERAN DEFINED.—In this section, the term 
‘‘veteran’’ has the meaning given that term in section 
101(2) of title 38, United States Code. 
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SEC. 8. INCREASE IN AMOUNT OF PENSION FOR MEDAL OF 
HONOR RECIPIENTS. 
Section 1562(a) of title 38, United States Code, is 
amended by striking ‘‘$1,000’’ and inserting ‘‘$2,000’’. 
SEC. 9. CONDITIONS FOR TREATMENT OF CERTAIN PER-
SONS AS ADJUDICATED MENTALLY INCOM-
PETENT. 
(a) IN GENERAL.—Chapter 55 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 5511. Conditions for treatment of certain persons 
as adjudicated mentally incompetent 
‘‘In any case arising out of the administration by the 
Secretary of laws and benefits under this title, a person 
who is mentally incapacitated, deemed mentally incom-
petent, or experiencing an extended loss of consciousness 
shall not be considered adjudicated as a mental defective 
for any purpose without the order or finding of a judge, 
magistrate, or other judicial authority of competent juris-
diction that such person is a danger to himself or herself 
or others.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 55 of such title is amended 
by adding at the end the following new item: 
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‘‘5511. Conditions for treatment of certain persons as adjudicated mentally in-
competent’’. 
Æ 
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