,,ii #aacth ,,congress #b;d ,session ,s4 #bjia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjad,mr4 ,heller 7for himself1 ,mr4 ,casey1 ,mr4 ,moran1 ,mr4 ,heinrich1 ,mr4 ,vitter1 and ,mr4 ,tester7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to improve the processing by the ,department of ,veterans ,affairs of claims for benefits under laws administered by the ,secretary of ,veterans ,affairs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the #bast ,century ,veterans ,benefits ,delivery ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,benefits claims submission ,sec4 #aja4 ,modification of ,transition ,assistance ,program to enable online participation4 ,sec4 #ajb4 ,requirement to encourage claimants to use appropriate forms4 ,sec4 #ajc4 ,required communications to users of e,benefits ,internet website4 ,sec4 #ajd4 ,extension of authority for retroactive date of awards for filing fully developed claims4 ,sec4 #aje4 ,requirement that decisions on claims explain benefits of filing appeals within #ahj days4 ,sec4 #ajf4 ,requirement to use ,department of ,veterans ,affairs form #ba-jieh in regional offices for filing of notices of disagreement4 ,sec4 #ajg4 ,determination of manner of appearance for hearings before ,board of ,veterans' ,appeals4 ,,title ,,ii--,practices of regional offices ,sec4 #bja4 ,required ,comptroller ,general audit of regional offices of ,veterans ,benefits ,administration4 ,sec4 #bjb4 ,study on service-connected disabilities that worsen with age4 ,sec4 #bjc4 ,improvements to authority for performance of medical disabilities examinations by contract physician4 ,sec4 #bjd4 ,improvement of mail processing by ,department of ,veterans ,affairs4 ,sec4 #bje4 ,review of practices of regional offices regarding use of suspense dates4 ,sec4 #bjf4 ,semiannual reports on progress in implementing ,veterans ,benefits ,management ,system4 ,sec4 #bjg4 ,annual report on capacity of ,veterans ,benefits ,administration to process benefits claims4 ,sec4 #bjh4 ,increased transparency in ,monday ,morning ,workload ,report4 ,sec4 #bji4 ,reports on appeals of decisions on benefits claims4 ,,title ,,iii--,government response ,sec4 #cja4 ,increased cooperation across ,government4 ,sec4 #cjb4 ,report on interoperability between electronic health records systems of ,department of ,defense and ,department of ,veterans ,affairs4 ,i ,benefits claims submission #aja4 ,modification of ,transition ,assistance ,program to enable online participation ,section #aadd of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7f7 ,online curriculum 7#a7 ,the ,secretary of ,labor1 in conjunction with the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 and the ,secretary of ,veterans ,affairs1 shall take such actions and make such modifications to the e,benefits ,internet website as may be necessary to ensure that members of the armed forces and spouses described in subsection 7a77#a7 can participate in the program carried out under this section through such ,internet website4 7#b7 ,an individual subject to a requirement under subsection 7c7 may not satisfy such requirement by participating in the program carried out under this section solely through an ,internet website4 4 #ajb4 ,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 purpose4 #ajc4 ,required communications to users of e,benefits ,internet website 7a7 ,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 e,benefits ,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 following3 7#a7 ,the benefits of filing a fully developed claim4 7#b7 ,where the individual can go to obtain assistance in filing a fully developed claim1 including the following3 7,a7 ,the ,department of ,veterans ,affairs4 7,b7 ,an organization recognized by the ,secretary for the representation of veterans under section #eijb of title #ch1 ,united ,states ,code4 7b7 ,alternate communication ,whenever the ,secretary sends a message to an individual through the e,benefits ,internet website described in subsection 7a71 the ,secretary shall also send such message to the individual through the use of a second medium selected by the individual1 such as by telephone or by sending an e-mail to a private e-mail address of the individual4 #ajd4 ,extension of authority for retroactive date of awards for filing fully developed claims ,section #eaaj7;b77#b77;,c7 of title #ch1 ,united ,states ,code1 is amended by striking the date that is three years after the date of the enactment of such ,act and inserting ,september #cj1 #bjbj4 #aje4 ,requirement that decisions on claims explain benefits of filing appeals within #ahj days ,section #eajd7;a7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7#a7 before ,in the case2 and 7#b7 by striking the second sentence and inserting the following new paragraph3 7#b7 ,the notice shall include the following3 7,a7 ,an explanation of the procedure for obtaining review of the decision4 7,b7 ,an explanation of the benefits of filing for review of the decision within #ahj days4 4 #ajf4 ,requirement to use ,department of ,veterans ,affairs form #ba-jieh in regional offices for filing of notices of disagreement ,the ,secretary of ,veterans ,affairs shall use ,department of ,veterans ,affairs form #ba-jieh1 or such other form as the ,secretary may require1 in each of the regional offices of the ,department for purposes of filing notices of disagreement under section #gaje7;b7 of title #ch1 ,united ,states ,code4 #ajg4 ,determination of manner of appearance for hearings before ,board of ,veterans' ,appeals 7a7 ,in general ,section #gajg of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7e72 7#b7 by redesignating subsections 7d7 and 7f7 as subsections 7f7 and 7g71 respectively2 7#c7 by inserting after subsection 7c7 the following new subsections 7d7 and 7e73 7d7 7#a7 ,subject to paragraph 7#b71 a hearing before the ,board shall be conducted1 as the ,board considers appropriate-- 7,a7 in person2 or 7,b7 through picture and voice transmission1 by electronic or other means1 in such manner that the appellant is not present in the same location as the members of the ,board during the hearing4 7#b7 ,upon request by an appellant1 a hearing before the ,board shall be conducted1 as the appellant considers appropriate-- 7,a7 in person2 or 7,b7 through picture and voice transmission as described in paragraph 7#a77;,b74 7e7 7#a7 ,in a case in which a hearing before the ,board is to be conducted through picture and voice transmission as described in subsection 7d77#a77;,b71 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 described4 7#b7 ,any hearing conducted through picture and voice transmission as described in subsection 7d77#a77;,b7 shall be conducted in the same manner as1 and shall be considered the equivalent of1 a personal hearing4 2 and 7#d7 in subsection 7f77#a71 as redesignated by paragraph 7#b71 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 person1 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 ,department44 7b7 ,effective date ,the amendment made by subsection 7a7 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 ,act4 ,,ii ,practices of regional offices #bja4 ,required ,comptroller ,general audit of regional offices of ,veterans ,benefits ,administration 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall complete an audit of the regional offices of the ,veterans ,benefits ,administration-- 7#a7 to assess the consistency of decisions being made with respect to claims for benefits under laws administered by the ,secretary of ,veterans ,affairs2 and 7#b7 to identify ways in which the consistency of such decisions can be improved4 7b7 ,identification of factors and best practices ,the audit conducted under subsection 7a7 shall include the following3 7#a7 ,identification of the factors1 including management practices1 that distinguish higher performing regional offices from other regional offices4 7#b7 ,identification of best practices employed by higher performing regional offices that distinguish the performance of such offices from other regional offices4 7c7 ,report ,not later than #ij days after the date on which the ,comptroller ,general completes the audit required by subsection 7a71 the ,comptroller ,general shall submit to ,congress a report on the results of the audit4 #bjb4 ,study on service-connected disabilities that worsen with age 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall complete a study on covered disabilities using historical data regarding service-connected disabilities4 7b7 ,covered disabilities ,for purposes of the study required by subsection 7a71 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 that1 for individuals with such type or class of disability1 the average impairment of earning capacity resulting from such disability or condition increases as the individual with such disability or condition ages4 7c7 ,matters covered ,the study required by subsection 7a7 shall include the following3 7#a7 ,analysis of historical statistics and information related to the progressive nature of covered disabilities1 in terms of increased impairment of earning capacity caused by the disabilities4 7#b7 ,development of recommendations for legislative and administrative action that use statistics and information described in paragraph 7#a7 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 ,forces4 7d7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report on the study required by subsection 7a71 including the findings of the ,secretary with respect to such study4 7e7 ,public comment ,the ,secretary shall-- 7#a7 make the report submitted under paragraph 7#a7 available to the public2 and 7#b7 seek comments from the public1 including from veterans service organizations1 veterans1 and medical professionals1 on the recommendations developed under subsection 7c77#b74 7f7 ,proposal 7#a7 ,in general ,not later than #ahj days after submitting the report under subsection 7d71 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 7c77#b74 7#b7 ,input ,in developing the proposal required by paragraph 7#a71 the ,secretary shall consider the comments received under subsection 7e77#b74 7#c7 ,limitation ,the ,secretary may not conduct the pilot program proposed under paragraph 7#a7 or any portion of such proposal except pursuant to provisions of law enacted after the date of the receipt by ,congress of such proposal4 7g7 ,veterans service organization defined ,in this section1 the term veterans service organization means an organization recognized by the ,secretary for the representation of veterans under section #eijb of title #ch1 ,united ,states ,code4 #bjc4 ,improvements to authority for performance of medical disabilities examinations by contract physician 7a7 ,extension of temporary authority ,subsection 7c7 of section #gjd of the ,veterans ,benefits ,act of #bjjc 7#ch ,u4,s4,c4 #eaja note7 is amended by striking ,december #ca1 #bjad and inserting ,december #ca1 #bjaf4 7b7 ,licensure of contract physicians 7#a7 ,temporary authority ,such section #gjd is further amended-- 7,a7 by redesignating subsection 7d7 as subsection 7e72 and 7,b7 by inserting after subsection 7c7 the following new subsection 7d73 7d7 ,licensure of contract physicians 7#a7 ,in general ,notwithstanding any law regarding the licensure of physicians1 a physician described in paragraph 7#b7 may conduct an examination pursuant to a contract entered into under subsection 7b7 at any location in any ,state1 the ,district of ,columbia1 or a ,commonwealth1 territory1 or possession of the ,united ,states1 so long as the examination is within the scope of the authorized duties under such contract4 7#b7 ,physician described ,a physician described in this paragraph is a physician who-- 7,a7 has a current license to practice the health care profession of the physician2 and 7,b7 is performing authorized duties for the ,department of ,veterans ,affairs pursuant to a contract entered into under subsection 7b74 4 7#b7 ,pilot program ,section #ejd of the ,veterans' ,benefits ,improvement ,act of #aiif 7#ch ,u4,s4,c4 #eaja note7 is amended-- 7,a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7,b7 by inserting after subsection 7b7 the following new subsection 7c73 7c7 ,licensure of contract physicians 7#a7 ,in general ,notwithstanding any law regarding the licensure of physicians1 a physician described in paragraph 7#b7 may conduct an examination pursuant to a contract entered into under subsection 7a7 at any location in any ,state1 the ,district of ,columbia1 or a ,commonwealth1 territory1 or possession of the ,united ,states1 so long as the examination is within the scope of the authorized duties under such contract4 7#b7 ,physician described ,a physician described in this paragraph is a physician who-- 7,a7 has a current license to practice the health care profession of the physician2 and 7,b7 is performing authorized duties for the ,department of ,veterans ,affairs pursuant to a contract entered into under subsection 7a74 4 7c7 ,expansion of pilot program ,subsection 7b7 of such section #ejd is amended to read as follows3 7b7 ,locations 7#a7 ,number ,the ,secretary may carry out the pilot program under this section through not more than #ae regional offices of the ,department of ,veterans ,affairs4 7#b7 ,selection ,the ,secretary shall select the regional offices under paragraph 7#a7 by analyzing appropriate data to determine the regional offices that require support4 ,such appropriate data shall include-- 7,a7 the number of backlogged claims2 7,b7 the total pending case workload2 7,c7 the length of time cases have been pending2 7,d7 the accuracy of completed cases2 7,e7 the overall timeliness of completed cases2 7,f7 the availability and workload of the examination units and physicians of the medical centers in the regional office2 and 7,g7 any other data the ,secretary determines appropriate4 7#c7 ,annual analysis ,the ,secretary shall carry out the data analysis of the regional offices under paragraph 7#b7 during each year in which the program under this section is carried out to determine the regional offices selected under paragraph 7#a7 for such year4 4 #bjd4 ,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 ,act1 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 ,administration4 #bje4 ,review of practices of regional offices regarding use of suspense dates 7a7 ,review required ,not later than #ahj days after the date of the enactment of this ,act1 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 process4 7b7 ,report ,not later than #bgj days after the date of the enactment of this ,act1 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 7a74 #bjf4 ,semiannual reports on progress in implementing ,veterans ,benefits ,management ,system 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act and not less frequently than once every #ahj 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 functional1 the ,secretary of ,veterans ,affairs shall submit to ,congress a report on the progress of the ,secretary in implementing the ,veterans ,benefits ,management ,system4 7b7 ,contents ,the report required by subsection 7a7 shall include the following3 7#a7 ,an assessment of the current functionality of the ,veterans ,benefits ,management ,system1 including whether each component of the system is fully functional1 partially functional1 or not functional4 7#b7 ,for each component of the system that is partially functional or not functional1 an estimate of the date by which the ,secretary expects the component to be fully functional4 7#c7 ,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 ,secretary1 including veteran service representatives1 rating veteran service representatives1 and decision review officers1 for such legislative or administrative action as the employees consider appropriate to improve the processing of such claims4 #bjg4 ,annual report on capacity of ,veterans ,benefits ,administration to process benefits claims 7a7 ,in general ,not later than one year after the date of the enactment of this ,act and not less frequently than once each year thereafter1 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 period4 7b7 ,contents ,each report submitted under subsection 7a7 shall include1 for the period covered by the report1 the following3 7#a7 ,the number of claims for benefits under laws administered by the ,secretary that the ,secretary expects the ,veterans ,benefits ,administration to process4 7#b7 ,the number of full-time equivalent employees of the ,veterans ,benefits ,administration who are dedicated to processing such claims4 7#c7 ,an estimate of the number of such claims a single full-time equivalent employee of the ,administration can process in a year4 7#d7 ,an assessment of whether the ,administration requires additional or fewer full-time equivalent employees to process such claims during the next #a-year1 #e-year1 and #aj-year periods4 7c7 ,public availability ,the ,secretary shall make the report required by subsection 7a7 available to the public on an ,internet website of the ,department of ,veterans ,affairs4 #bjh4 ,increased transparency in ,monday ,morning ,workload ,report 7a7 ,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 decision1 disaggregated by-- 7#a7 whether the claim has been pending for more than #abe days2 and 7#b7 whether the claim requires a decision concerning a disability rating4 7b7 ,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 assigned4 7c7 ,report on fully developed claims ,the ,secretary of ,veterans ,affairs shall include in each ,monday ,morning ,workload ,report published by the ,secretary the following3 7#a7 ,the total number of fully developed claims for benefits under laws administered by the ,secretary that-- 7,a7 have been received by a regional office of the ,department of ,veterans ,affairs2 and 7,b7 are pending a decision4 7#b7 ,the total number of such claims that have been pending for more than #abe days1 disaggregated by station4 #bji4 ,reports on appeals of decisions on benefits claims 7a7 ,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 ,department4 7b7 ,appeals granted by station ,the ,secretary shall include in one of the reports described in subsection 7a7 the percentage of appeals granted by station4 ,,iii ,government response #cja4 ,increased cooperation across ,government 7a7 ,appointment of liaisons 7#a7 ,department of ,defense ,the ,secretary of ,defense shall appoint individuals as follows3 7,a7 ,at least one individual to act as a liaison under this section between the ,department of ,defense and the ,department of ,veterans ,affairs4 7,b7 ,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 ,affairs4 7#b7 ,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 ,affairs4 7#c7 ,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 ,affairs4 7b7 ,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 ,secretary4 7c7 ,procedures 7#a7 ,in general ,the ,secretary of ,veterans ,affairs1 the ,secretary of ,defense1 the ,commissioner of ,social ,security1 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 ,secretary4 7#b7 ,timely provision ,the procedures developed and implemented under paragraph 7#a7 shall ensure that the information provided to the ,secretary of ,veterans ,affairs is provided to the ,secretary not later than #cj days after the date on which the ,secretary requests the information4 7d7 ,annual reports ,not less frequently than once each year1 the ,secretary of ,veterans ,affairs shall submit to ,congress a report on-- 7#a7 the requests for information made by the ,secretary during the most recent one-year period for information from the ,secretary of ,defense1 the ,commissioner of ,social ,security1 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 ,secretary2 and 7#b7 the timeliness of responses to such requests4 #cjb4 ,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 ,act1 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 ,affairs4