Title: Mark O’Brien VA Clothing Allowance Improvement Act
Policy area: Armed Forces and National Security

Summary:
Mark O'Brien VA Clothing Allowance Improvement Act
This bill modifies the Department of Veterans Affairs (VA) clothing allowance policy for veterans who, due to a service-connected disability, wear a prosthetic, use an orthopedic appliance (e.g., a wheelchair), or use a prescription skin medication that the VA determines causes irreparable damage to clothing.
The bill requires the VA to continue the clothing allowance for such a veteran on an annual basis until the veteran elects to no longer receive the allowance, or the VA determines the veteran is no longer eligible for the allowance, whichever occurs first.
The bill sets forth a procedure by which the VA must conduct reviews of clothing allowance claims to determine the continued eligibility of veterans. Specifically, the VA must conduct a review (1) five years after the date on which a veteran initially receives a clothing allowance and periodically thereafter, and (2) whenever the VA receives notice that the veteran no longer meets eligibility requirements. If a veteran is eligible for a clothing allowance based on a circumstance that is not subject to change, the VA does not need to review whether the veteran has continued eligibility.
If the VA determines, as the result of a review of a claim, that a veteran no longer meets the eligibility requirements for a clothing allowance, the VA must provide notice of the determination and discontinue the clothing allowance. The notice must include a description of applicable actions that may be taken following the determination (e.g., filing a notice of disagreement).

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4772 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4772

 To amend title 38, United States Code, to improve the application and 
   review process of the Department of Veterans Affairs for clothing 
    allowance claims submitted by veterans, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2021

    Mr. Levin of California (for himself and Mr. Moore of Alabama) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to improve the application and 
   review process of the Department of Veterans Affairs for clothing 
    allowance claims submitted by veterans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mark O'Brien VA Clothing Allowance 
Improvement Act''.

SEC. 2. IMPROVEMENTS TO PROCESS OF THE DEPARTMENT OF VETERANS AFFAIRS 
              FOR CLOTHING ALLOWANCE CLAIMS.

    (a) Process for Clothing Allowance Claims.--Section 1162 of title 
38, United States Code, is amended--
            (1) by striking ``The Secretary under'' and inserting:
    ``(a) Eligibility Requirements.--The Secretary, under'';
            (2) in paragraph (2)--
                    (A) by striking ``which (A) a physician'' and 
                inserting: ``which--''
                    ``(A) a physician''; and
                    (B) by striking ``, and (B) the Secretary'' and 
                inserting ``; and''
                    ``(B) the Secretary''; and
            (3) by adding at the end the following new subsections:
    ``(b) Continuous Nature of Payments.--Payments made to a veteran 
under subsection (a) shall continue on an automatically recurring 
annual basis until the earlier of the following:
            ``(1) The date on which the veteran elects to no longer 
        receive such payments.
            ``(2) The date on which the Secretary determines the 
        veteran no longer eligible pursuant to subsection (d).
    ``(c) Reviews of Claim.--(1) Except as provided in paragraph 
(2)(B), the Secretary shall conduct reviews of the claim on which the 
clothing allowance is based to determine the continued eligibility of 
the veteran as follows:
            ``(A) Beginning not earlier than five years after the date 
        on which a veteran initially receives a clothing allowance 
        under this section and on a periodic basis thereafter.
            ``(B) Whenever the Secretary receives notice that the 
        veteran no longer meets the requirements specified in 
        subsection (a).
    ``(2)(A) The Secretary shall prescribe in regulations standards for 
determining whether a claim for clothing allowance is based on a 
circumstance that is not subject to change.
    ``(B) If the Secretary determines, pursuant to such standards, that 
a claim for clothing allowance is based on a circumstance that is not 
subject to change, paragraph (1)(A) shall not apply with respect to the 
claim.
    ``(d) Determination Regarding Continued Eligibility.--If the 
Secretary determines, as the result of a review of a claim conducted 
under subsection (c)(1), that the veteran who submitted such claim no 
longer meets the requirements specified in subsection (a), the 
Secretary shall--
            ``(1) provide to the veteran notice of such determination 
        that includes a description of applicable actions that may be 
        taken following the determination, including the actions 
        specified in section 5104C of this title; and
            ``(2) discontinue the clothing allowance based on such 
        claim.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to--
            (1) claims for clothing allowance submitted on or after the 
        date of the enactment of this Act; and
            (2) claims for clothing allowance submitted prior to the 
        date of the enactment of this Act, if the veteran who submitted 
        such claim is in receipt of the clothing allowance as of the 
        date of the enactment of this Act.
                                 <all>