II 113th CONGRESS 2d Session S. 2091 IN THE SENATE OF THE UNITED STATES March 6, 2014 Mr. Heller (for himself, Mr. Casey , Mr. Moran , Mr. Heinrich , Mr. Vitter , and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the processing by the Department of Veterans Affairs of claims for benefits under laws administered by the Secretary of Veterans Affairs, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the 21st Century Veterans Benefits Delivery Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Benefits claims submission Sec. 101. Modification of Transition Assistance Program to enable online participation. Sec. 102. Requirement to encourage claimants to use appropriate forms. Sec. 103. Required communications to users of eBenefits Internet website. Sec. 104. Extension of authority for retroactive date of awards for filing fully developed claims. Sec. 105. Requirement that decisions on claims explain benefits of filing appeals within 180 days. Sec. 106. Requirement to use Department of Veterans Affairs form 21–0958 in regional offices for filing of notices of disagreement. Sec. 107. Determination of manner of appearance for hearings before Board of Veterans' Appeals. TITLE II—Practices of regional offices Sec. 201. Required Comptroller General audit of regional offices of Veterans Benefits Administration. Sec. 202. Study on service-connected disabilities that worsen with age. Sec. 203. Improvements to authority for performance of medical disabilities examinations by contract physician. Sec. 204. Improvement of mail processing by Department of Veterans Affairs. Sec. 205. Review of practices of regional offices regarding use of suspense dates. Sec. 206. Semiannual reports on progress in implementing Veterans Benefits Management System. Sec. 207. Annual report on capacity of Veterans Benefits Administration to process benefits claims. Sec. 208. Increased transparency in Monday Morning Workload Report. Sec. 209. Reports on appeals of decisions on benefits claims. TITLE III—Government response Sec. 301. Increased cooperation across Government. Sec. 302. Report on interoperability between electronic health records systems of Department of Defense and Department of Veterans Affairs. I Benefits claims submission 101. Modification of Transition Assistance Program to enable online participation Section 1144 of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Online curriculum (1) The Secretary of Labor, in conjunction with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs, shall take such actions and make such modifications to the eBenefits Internet website as may be necessary to ensure that members of the armed forces and spouses described in subsection (a)(1) can participate in the program carried out under this section through such Internet website. (2) An individual subject to a requirement under subsection (c) may not satisfy such requirement by participating in the program carried out under this section solely through an Internet website. . 102. Requirement to encourage claimants to use appropriate forms The Secretary of Veterans Affairs shall encourage each individual who is seeking to file a claim with the Secretary for a benefit under a law administered by the Secretary to file such claim using an appropriate form established by the Secretary for such purpose. 103. Required communications to users of eBenefits Internet website (a) Automated notification of resources The Secretary of Veterans Affairs shall take such measures as may be necessary so that whenever an individual establishes an account on the eBenefits Internet website of the Department of Veterans Affairs and Department of Defense an e-mail is sent to the individual that includes a description of the following: (1) The benefits of filing a fully developed claim. (2) Where the individual can go to obtain assistance in filing a fully developed claim, including the following: (A) The Department of Veterans Affairs. (B) An organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. (b) Alternate communication Whenever the Secretary sends a message to an individual through the eBenefits Internet website described in subsection (a), the Secretary shall also send such message to the individual through the use of a second medium selected by the individual, such as by telephone or by sending an e-mail to a private e-mail address of the individual. 104. Extension of authority for retroactive date of awards for filing fully developed claims Section 5110(b)(2)(C) of title 38, United States Code, is amended by striking the date that is three years after the date of the enactment of such Act and inserting September 30, 2020 . 105. Requirement that decisions on claims explain benefits of filing appeals within 180 days Section 5104(a) of title 38, United States Code, is amended— (1) by inserting (1) before In the case ; and (2) by striking the second sentence and inserting the following new paragraph: (2) The notice shall include the following: (A) An explanation of the procedure for obtaining review of the decision. (B) An explanation of the benefits of filing for review of the decision within 180 days. . 106. Requirement to use Department of Veterans Affairs form 21–0958 in regional offices for filing of notices of disagreement The Secretary of Veterans Affairs shall use Department of Veterans Affairs form 21–0958, or such other form as the Secretary may require, in each of the regional offices of the Department for purposes of filing notices of disagreement under section 7105(b) of title 38, United States Code. 107. Determination of manner of appearance for hearings before Board of Veterans' Appeals (a) In general Section 7107 of title 38, United States Code, is amended— (1) by striking subsection (e); (2) by redesignating subsections (d) and (f) as subsections (f) and (g), respectively; (3) by inserting after subsection (c) the following new subsections (d) and (e): (d) (1) Subject to paragraph (2), a hearing before the Board shall be conducted, as the Board considers appropriate— (A) in person; or (B) through picture and voice transmission, by electronic or other means, in such manner that the appellant is not present in the same location as the members of the Board during the hearing. (2) Upon request by an appellant, a hearing before the Board shall be conducted, as the appellant considers appropriate— (A) in person; or (B) through picture and voice transmission as described in paragraph (1)(B). (e) (1) In a case in which a hearing before the Board is to be conducted through picture and voice transmission as described in subsection (d)(1)(B), the Secretary shall provide suitable facilities and equipment to the Board or other components of the Department to enable an appellant located at an appropriate facility within the area served by a regional office to participate as so described. (2) Any hearing conducted through picture and voice transmission as described in subsection (d)(1)(B) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing. ; and (4) in subsection (f)(1), as redesignated by paragraph (2), by striking An appellant may request and all that follows through office of the Department and inserting In a case in which a hearing before the Board is to be conducted in person, the hearing shall be held at the principal location of the Board or at a facility of the Department located within the area served by a regional office of the Department. . (b) Effective date The amendment made by subsection (a) shall apply with respect to cases received by the Board of Veterans' Appeals pursuant to notices of disagreement submitted on or after the date of the enactment of this Act. II Practices of regional offices 201. Required Comptroller General audit of regional offices of Veterans Benefits Administration (a) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall complete an audit of the regional offices of the Veterans Benefits Administration— (1) to assess the consistency of decisions being made with respect to claims for benefits under laws administered by the Secretary of Veterans Affairs; and (2) to identify ways in which the consistency of such decisions can be improved. (b) Identification of factors and best practices The audit conducted under subsection (a) shall include the following: (1) Identification of the factors, including management practices, that distinguish higher performing regional offices from other regional offices. (2) Identification of best practices employed by higher performing regional offices that distinguish the performance of such offices from other regional offices. (c) Report Not later than 90 days after the date on which the Comptroller General completes the audit required by subsection (a), the Comptroller General shall submit to Congress a report on the results of the audit. 202. Study on service-connected disabilities that worsen with age (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a study on covered disabilities using historical data regarding service-connected disabilities. (b) Covered disabilities For purposes of the study required by subsection (a), a covered disability is a service-connected disability that the Secretary determines is of a type or class of disability or condition that the Secretary determines is a type or class of disability or condition that, for individuals with such type or class of disability, the average impairment of earning capacity resulting from such disability or condition increases as the individual with such disability or condition ages. (c) Matters covered The study required by subsection (a) shall include the following: (1) Analysis of historical statistics and information related to the progressive nature of covered disabilities, in terms of increased impairment of earning capacity caused by the disabilities. (2) Development of recommendations for legislative and administrative action that use statistics and information described in paragraph (1) to adjudicate more quickly claims for increased disability compensation and disability compensation claims of veterans who had specific military occupation specialties when serving in the Armed Forces. (d) Report 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 required by subsection (a), including the findings of the Secretary with respect to such study. (e) Public comment The Secretary shall— (1) make the report submitted under paragraph (1) available to the public; and (2) seek comments from the public, including from veterans service organizations, veterans, and medical professionals, on the recommendations developed under subsection (c)(2). (f) Proposal (1) In general Not later than 180 days after submitting the report under subsection (d), the Secretary shall develop and submit to Congress a proposal for conduct of a pilot program to assess the feasibility and advisability of carrying out the recommendations developed under subsection (c)(2). (2) Input In developing the proposal required by paragraph (1), the Secretary shall consider the comments received under subsection (e)(2). (3) Limitation The Secretary may not conduct the pilot program proposed under paragraph (1) or any portion of such proposal except pursuant to provisions of law enacted after the date of the receipt by Congress of such proposal. (g) Veterans service organization defined In this section, the term veterans service organization means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. 203. Improvements to authority for performance of medical disabilities examinations by contract physician (a) Extension of temporary authority Subsection (c) of section 704 of the Veterans Benefits Act of 2003 ( 38 U.S.C. 5101 note) is amended by striking December 31, 2014 and inserting December 31, 2016 . (b) Licensure of contract physicians (1) Temporary authority Such section 704 is further amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): (d) Licensure of contract physicians (1) In general Notwithstanding any law regarding the licensure of physicians, a physician described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (b) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract. (2) Physician described A physician described in this paragraph is a physician who— (A) has a current license to practice the health care profession of the physician; and (B) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (b). . (2) Pilot program Section 504 of the Veterans’ Benefits Improvement Act of 1996 ( 38 U.S.C. 5101 note) is amended— (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (B) by inserting after subsection (b) the following new subsection (c): (c) Licensure of contract physicians (1) In general Notwithstanding any law regarding the licensure of physicians, a physician described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (a) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract. (2) Physician described A physician described in this paragraph is a physician who— (A) has a current license to practice the health care profession of the physician; and (B) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (a). . (c) Expansion of pilot program Subsection (b) of such section 504 is amended to read as follows: (b) Locations (1) Number The Secretary may carry out the pilot program under this section through not more than 15 regional offices of the Department of Veterans Affairs. (2) Selection The Secretary shall select the regional offices under paragraph (1) by analyzing appropriate data to determine the regional offices that require support. Such appropriate data shall include— (A) the number of backlogged claims; (B) the total pending case workload; (C) the length of time cases have been pending; (D) the accuracy of completed cases; (E) the overall timeliness of completed cases; (F) the availability and workload of the examination units and physicians of the medical centers in the regional office; and (G) any other data the Secretary determines appropriate. (3) Annual analysis The Secretary shall carry out the data analysis of the regional offices under paragraph (2) during each year in which the program under this section is carried out to determine the regional offices selected under paragraph (1) for such year. . 204. Improvement of mail processing by Department of Veterans Affairs Not later than the date that is one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a plan to establish a uniform mail processing and scanning system throughout the regional offices of the Veterans Benefits Administration. 205. Review of practices of regional offices regarding use of suspense dates (a) Review required Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall conduct a review of the practices of regional offices of the Department regarding the use of suspense dates during the disability claim assessment process. (b) Report Not later than 270 days after the date of the enactment of this Act, the Inspector General of the Department shall submit to Congress a report on the findings of the Inspector General with respect to the review conducted under subsection (a). 206. Semiannual reports on progress in implementing Veterans Benefits Management System (a) In general Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 180 days thereafter until the Inspector General of the Department of Veterans Affairs certifies to Congress that the Veterans Benefits Management System is implemented and fully functional, the Secretary of Veterans Affairs shall submit to Congress a report on the progress of the Secretary in implementing the Veterans Benefits Management System. (b) Contents The report required by subsection (a) shall include the following: (1) An assessment of the current functionality of the Veterans Benefits Management System, including whether each component of the system is fully functional, partially functional, or not functional. (2) For each component of the system that is partially functional or not functional, an estimate of the date by which the Secretary expects the component to be fully functional. (3) Recommendations submitted to the Secretary by employees of the Department of Veterans Affairs who are involved in processing claims for benefits under laws administered by the Secretary, including veteran service representatives, rating veteran service representatives, and decision review officers, for such legislative or administrative action as the employees consider appropriate to improve the processing of such claims. 207. Annual report on capacity of Veterans Benefits Administration to process benefits claims (a) In general Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the capacity of the Veterans Benefits Administration to process claims for benefits under laws administered by the Secretary during the next one-year period. (b) Contents Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The number of claims for benefits under laws administered by the Secretary that the Secretary expects the Veterans Benefits Administration to process. (2) The number of full-time equivalent employees of the Veterans Benefits Administration who are dedicated to processing such claims. (3) An estimate of the number of such claims a single full-time equivalent employee of the Administration can process in a year. (4) An assessment of whether the Administration requires additional or fewer full-time equivalent employees to process such claims during the next 1-year, 5-year, and 10-year periods. (c) Public availability The Secretary shall make the report required by subsection (a) available to the public on an Internet website of the Department of Veterans Affairs. 208. Increased transparency in Monday Morning Workload Report (a) Disaggregation of claims by decisions requiring disability rating The Secretary of Veterans Affairs shall include in each Monday Morning Workload Report published by the Secretary the number of claims for benefits under laws administered by the Secretary that have been received by a regional office of the Department of Veterans Affairs and are pending a decision, disaggregated by— (1) whether the claim has been pending for more than 125 days; and (2) whether the claim requires a decision concerning a disability rating. (b) Inclusion of information on assignment of partial ratings The Secretary of Veterans Affairs shall include in each Monday Morning Workload Report published by the Secretary in the portion of the report entitled Transformation and in the portion of the report entitled Aggregate the number of partial ratings assigned. (c) Report on fully developed claims The Secretary of Veterans Affairs shall include in each Monday Morning Workload Report published by the Secretary the following: (1) The total number of fully developed claims for benefits under laws administered by the Secretary that— (A) have been received by a regional office of the Department of Veterans Affairs; and (B) are pending a decision. (2) The total number of such claims that have been pending for more than 125 days, disaggregated by station. 209. Reports on appeals of decisions on benefits claims (a) Public availability The Secretary of Veterans Affairs shall make the reports of the Department of Veterans Affairs entitled Appeals Pending and Appeals Workload By Station available to the public on an Internet website of the Department. (b) Appeals granted by station The Secretary shall include in one of the reports described in subsection (a) the percentage of appeals granted by station. III Government response 301. Increased cooperation across Government (a) Appointment of liaisons (1) Department of Defense The Secretary of Defense shall appoint individuals as follows: (A) At least one individual to act as a liaison under this section between the Department of Defense and the Department of Veterans Affairs. (B) At least one individual for each of the reserve components of the Armed Forces to act as a liaison under this section between the respective component of the Armed Forces and the Department of Veterans Affairs. (2) Social Security Administration The Commissioner of Social Security shall appoint at least one individual to act as a liaison under this section between the Social Security Administration and the Department of Veterans Affairs. (3) National Archives and Records Administration The Archivist of the United States shall appoint at least one individual to act as a liaison under this section between the Social Security Administration and the Department of Veterans Affairs. (b) Duties of liaisons Each individual acting as a liaison under this section shall expedite the timely provision to the Secretary of Veterans Affairs of such information as the Secretary requires to process claims submitted to the Secretary for benefits under laws administered by the Secretary. (c) Procedures (1) In general The Secretary of Veterans Affairs, the Secretary of Defense, the Commissioner of Social Security, and the Archivist of the United States shall jointly develop and implement procedures to improve the timely provision to the Secretary of Veterans Affairs of such information as the Secretary requires to process claims submitted to the Secretary for benefits under laws administered by the Secretary. (2) Timely provision The procedures developed and implemented under paragraph (1) shall ensure that the information provided to the Secretary of Veterans Affairs is provided to the Secretary not later than 30 days after the date on which the Secretary requests the information. (d) Annual reports Not less frequently than once each year, the Secretary of Veterans Affairs shall submit to Congress a report on— (1) the requests for information made by the Secretary during the most recent one-year period for information from the Secretary of Defense, the Commissioner of Social Security, and the Archivist of the United States required by the Secretary of Veterans Affairs to process claims submitted to the Secretary for benefits under laws administered by the Secretary; and (2) the timeliness of responses to such requests. 302. Report on interoperability between electronic health records systems of Department of Defense and Department of Veterans Affairs Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report that sets forth a timeline with milestones for achieving interoperability between the electronic health records systems of the Department of Defense and the Department of Veterans Affairs.