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II
113th CONGRESS
2d Session
S. 2296
IN THE SENATE OF THE UNITED STATES
May 7, 2014
Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs
A BILL
To require the Secretary of Veterans Affairs to employ at least three decision review officers at
each regional office of the Department of Veterans Affairs, and for other
purposes.
1.
Short title
This Act may be cited as the
Veterans Appeals Improvement Act of 2014.
2.
Findings
Congress makes the following findings:
(1) Section 7101(a) of title 38, United States Code, requires that the Board of Veterans' Appeals have
such number of members and staff as may be found necessary in order to
conduct hearings and dispose of appeals properly before the Board in a
timely manner.
(2) The supporting information submitted along with the budget under section 1105 of title 31, United
States Code, for fiscal year 2015 for the Department of Veterans Affairs
states that appeals received by the Board of Veterans' Appeals are
expected to increase by 52 percent from the 47,763 appeals received in
2011 to 72,786 by the end of 2015.
(3) The annual report of the Board of Veterans' Appeals for Fiscal Year 2012 indicates that with 64
members, the Board was able to issue 44,300 decisions in that fiscal year.
(4) The Board also noted in such report that there is a direct and proportional correlation between the
number of members and staff of the Board and the number of decisions they
can issue.
3.
Minimum number of decision review officers at regional offices of Department of Veterans Affairs
(a)
In general
Not later than one year after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall ensure that not fewer than three decision review officers
are employed by the Department of Veterans Affairs at each regional office
of the Department.
(b)
Notice
(1)
In general
In any case in which the number of decision review officers employed by the Department at a
regional office of the Department declines to fewer than three after the
date that is one year after the date of the enactment of this Act, the
Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives notice of such decline.
(2)
Contents
Notice submitted under paragraph (1) with respect to a regional office of the Department shall
include the following:
(A) The number of decision review officers employed by the Department at such regional office.
(B) A plan to increase the number of decision review officers at such regional office to at least
three, including an estimate of when at least three decision review
officers will be employed at such regional office.
(C) A description of the measures that the Secretary plans to take to ensure that appeals properly
before the Board of Veterans' Appeals that would normally be disposed of
by decision review officers at such regional office are disposed of in a
timely manner during the period in which fewer than three decision review
officers are employed at such regional office.
4.
Report
(a)
In general
Not later than 180 days after the date of the enactment of this Act, 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 ability of the Board of Veterans' Appeals
to conduct hearings and dispose of appeals properly before the Board in a
timely manner.
(b)
Contents
The report required by subsection (a) shall include the following:
(1) Whether the number of members of the Board is sufficient to conduct hearings and dispose of appeals
properly before the Board in a timely manner.
(2) An assessment of the feasibility and advisability of increasing the number of decision review
officers by 10, 15, and 25 percent from the number of review officers
employed by the Department on the day before the date of the enactment of
this Act.