,,ii #aacth ,,congress #ast ,session ,s4 #ibh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #i1 #bjac ,mr4 ,sanders 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 of claims for compensation 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 ,claims ,processing ,improvement ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,agency of original jurisdiction ,sec4 #aja4 ,establishment of working group to improve employee work credit and work management systems of ,veterans ,benefits ,administration4 ,sec4 #ajb4 ,establishment of task force on retention and training of ,department of ,veterans ,affairs claims processors and adjudicators4 ,sec4 #ajc4 ,streamlining non-,department of ,veterans ,affairs ,federal records requests4 ,sec4 #ajd4 ,recognition of representatives of ,indian tribes in the preparation1 presentation1 and prosecution of claims under laws administered by the ,secretary of ,veterans ,affairs4 ,sec4 #aje4 ,pilot program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to ,department of ,veterans ,affairs4 ,sec4 #ajf4 ,quarterly reports on progress of ,department of ,veterans ,affairs in eliminating backlog of claims for compensation that have not been adjudicated4 ,,title ,,ii--,board of ,veterans' ,appeals and ,court of ,appeals for ,veterans ,claims ,sec4 #bja4 ,modification of filing period for notice of disagreement to initiate appellate review of decisions of ,department of ,veterans ,affairs4 ,sec4 #bjb4 ,determination of manner of appearance for hearings before ,board of ,veterans' ,appeals4 ,sec4 #bjc4 ,disclosure of certain medical records in appellate proceedings in certain courts4 ,,title ,,iii--,other matters ,sec4 #cja4 ,extension of authority for operations of ,manila ,department of ,veterans ,affairs ,regional ,office4 ,sec4 #cjb4 ,extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorder4 ,sec4 #cjc4 ,extension of marriage delimiting date for surviving spouses of ,persian ,gulf ,war veterans to qualify for death pension4 ,sec4 #cjd4 ,making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment4 ,sec4 #cje4 ,extension of temporary authority for performance of medical disabilities examinations by contract physicians4 ,i ,agency of original jurisdiction #aja4 ,establishment of working group to improve employee work credit and work management systems of ,veterans ,benefits ,administration 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall establish a working group to assess and develop recommendations for the improvement of the employee work credit and work management systems of the ,veterans ,benefits ,administration4 7b7 ,composition ,the working group shall be composed of the following3 7#a7 ,the ,secretary or the ,secretary's designee4 7#b7 ,individuals selected by the ,secretary from among employees of the ,department of ,veterans ,affairs who-- 7,a7 handle claims for compensation and pension benefits2 and 7,b7 are recommended to the ,secretary by a labor organization for purposes of this section4 7#c7 ,not fewer than three individuals selected by the ,secretary to represent different organizations recognized by the ,secretary for the representation of veterans under section #eijb of title #ch1 ,united ,states ,code4 7c7 ,duties ,the duties of the working group are as follows3 7#a7 ,to assess and develop recommendations for the improvement of the employee work credit and work management systems of the ,veterans ,benefits ,administration4 7#b7 ,to develop a data based methodology to be used in revising the employee work credit system of the ,department and a schedule by which revisions to such system should be made4 7#c7 ,to assess and develop recommendations for improvement of the resource allocation model of the ,veterans ,benefits ,administration4 7d7 ,review and incorporation of findings from prior study ,in carrying out its duties under subsection 7c71 the working group shall review the findings and conclusions of the ,secretary regarding previous studies of the employee work credit and work management systems of the ,veterans ,benefits ,administration4 7e7 ,reports 7#a7 ,interim report ,not later than #ahj days after the date of the establishment of the working group1 the working group shall submit to ,congress a report on the progress of the working group4 7#b7 ,final report ,not later than one year after the date of the establishment of the working group1 the working group shall submit to ,congress the methodology and schedule developed under subsection 7c77#b74 7f7 ,implementation of methodology and schedule ,after submitting the report under subsection 7e71 the ,secretary shall take such actions as may be necessary to apply the methodology developed under subsection 7c77#b7 and apply such methodology according to the schedule developed under such subsection4 #ajb4 ,establishment of task force on retention and training of ,department of ,veterans ,affairs claims processors and adjudicators 7a7 ,establishment ,the ,secretary of ,veterans ,affairs shall establish a task force to assess retention and training of claims processors and adjudicators that are employed by the ,department of ,veterans ,affairs and other ,federal agencies and departments4 7b7 ,composition ,the task force shall be composed of the following3 7#a7 ,the ,secretary of ,veterans ,affairs4 7#b7 ,the ,director of the ,office of ,personnel ,management4 7#c7 ,the ,commissioner of ,social ,security4 7#d7 ,an individual selected by the ,secretary of ,veterans ,affairs who represents an organization recognized by the ,secretary for the representation of veterans under section #eijb of title #ch1 ,united ,states ,code4 7#e7 ,such other individuals selected by the ,secretary who represent such other organizations and institutions as the ,secretary considers appropriate4 7c7 ,duration ,the task force established under subsection 7a7 shall terminate not later than two years after the date on which the task force is establish under such subsection4 7d7 ,duties ,the duties of the task force are as follows3 7#a7 ,to identify key skills required by claims processors and adjudicators to perform the duties of claims processors and adjudicators in the various claims processing and adjudication positions throughout the ,federal ,government4 7#b7 ,to identify reasons for employee attrition from claims processing positions4 7#c7 ,not later than one year after the date of the establishment of the task force1 to develop a ,government-wide strategic and operational plan for promoting employment of veterans in claims processing positions in the ,federal ,government4 7#d7 ,to coordinate with educational institutions to develop training and programs of education for members of the ,armed ,forces to prepare such members for employment in claims processing and adjudication positions in the ,federal ,government4 7#e7 ,to identify and coordinate offices of the ,department of ,defense and the ,department of ,veterans ,affairs located throughout the ,united ,states to provide information about1 and promotion of1 available claims processing positions to members of the ,armed ,forces transitioning to civilian life and to veterans with disabilities4 7#f7 ,to establish performance measures to assess the plan developed under paragraph 7#c71 to assess the implementation of such plan1 and revise such plan as the task force considers appropriate4 7#g7 ,to establish performance measures to evaluate the effectiveness of the task force4 7e7 ,reports 7#a7 ,submittal of plan ,not later than one year after the date of the establishment of the task force1 the ,secretary of ,veterans ,affairs shall submit to ,congress a report on the plan developed by the task force under subsection 7d77#c74 7#b7 ,assessment of implementation ,not later than #abj days after the termination of the task force1 the ,secretary shall submit to ,congress a report that assesses the implementation of the plan developed by the task force under subsection 7d77#c74 #ajc4 ,streamlining non-,department of ,veterans ,affairs ,federal records requests 7a7 ,in general ,paragraph 7#b7 of section #eajc;,a7c7 of title #ch1 ,united ,states ,code1 is amended to read as follows3 7#b7 7,a7 ,whenever the ,secretary attempts to obtain records from a ,federal department or agency1 other than the ,department1 under this subsection1 the ,secretary shall make not fewer than two attempts to obtain the records1 unless the records are obtained or the response to the first request makes evident that a second request for such records would be futile4 7,b7 ,the notification requirements under subsection 7b77#b7 of this section shall apply if the ,secretary is unable to obtain all of the records sought from a ,federal department or agency other than the ,department4 4 7b7 ,subsequent attainment of records ,such section is further amended by adding at the end the following new paragraph3 7#c7 ,if1 after adjudicating a claim for a benefit under a law administered by the ,secretary1 the ,secretary receives a record relevant to such claim 7or associates with the file for such claim a record7 that the ,secretary requested from a ,federal department or agency before the adjudication1 the record received 7or associated7 shall be deemed to have been in the file for such claim as of the date of the original filing of the claim for such benefit4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #ahj days after the date of the enactment of this ,act and shall apply with respect to any claim that-- 7#a7 is filed on or after the date that is #ahj days after the date of the enactment of this ,act2 or 7#b7 was filed before the date of the enactment of this ,act and was not final as of such date4 #ajd4 ,recognition of representatives of ,indian tribes in the preparation1 presentation1 and prosecution of claims under laws administered by the ,secretary of ,veterans ,affairs ,section #eijb7;a77#a7 of title #ch1 ,united ,states ,code1 is amended by inserting ,indian tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b77 after ,foreign ,wars14 #aje4 ,pilot program on participation of local and tribal governments in improving quality of claims for disability compensation submitted to ,department of ,veterans ,affairs 7a7 ,pilot program required ,the ,secretary of ,veterans ,affairs shall carry out a pilot program to assess the feasibility and advisability of entering into memorandums of understanding with local governments and tribal organizations-- 7#a7 to improve the quality of claims submitted to the ,secretary for compensation under chapter #aa and pension under chapter #ae of title #ch1 ,united ,states ,code2 and 7#b7 to provide assistance to veterans who may be eligible for such compensation or pension in submitting such claims4 7b7 ,minimum number of participating tribal organizations ,in carrying out the pilot program required by subsection 7a71 the ,secretary shall enter into memorandums of understanding with at least-- 7#a7 two tribal organizations2 and 7#b7 #aj ,state or local governments4 7c7 ,tribal organization defined ,in this section1 the term tribal organization has the meaning given that term in section #cgfe of title #ch1 ,united ,states ,code4 #ajf4 ,quarterly reports on progress of ,department of ,veterans ,affairs in eliminating backlog of claims for compensation that have not been adjudicated 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act and not less frequently than quarterly thereafter through calendar year #bjae1 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 backlog of claims filed with the ,department of ,veterans ,affairs for compensation that have not been adjudicated by the ,department4 7b7 ,contents ,each report submitted under subsection 7a7 shall include the following3 7#a7 ,for each month through calendar year #bjae1 a projection of the following3 7,a7 ,the number of claims completed4 7,b7 ,the number of claims received4 7,c7 ,the number of claims backlogged at the end of the month4 7,d7 ,the number of claims pending at the end of the month4 7,e7 ,a description of the status of the implementation of initiatives carried out by the ,secretary to address the backlog4 7#b7 ,for each quarter through calendar year #bjae1 a projection of the average accuracy of disability determinations for compensation claims that require a disability rating 7or disability decision74 7#c7 ,for each month during the most recently completed quarter1 the following3 7,a7 ,the number of claims completed4 7,b7 ,the number of claims received4 7,c7 ,the number of claims backlogged at the end of the month4 7,d7 ,the number of claims pending at the end of the month4 7,e7 ,a description of the status of the implementation of initiatives carried out by the ,secretary to address the backlog4 7#d7 ,for the most recently completed quarter1 an assessment of the accuracy of disability determinations for compensation claims that require a disability rating 7or disability decision74 7c7 ,availability to public ,the ,secretary shall make each report submitted under subsection 7a7 available to the public4 7d7 ,definitions ,in this section3 7#a7 ,backlogged ,the term backlogged1 with respect to a claim for compensation received by the ,secretary1 means a claim that has been pending for more than #abe days4 7#b7 ,pending ,the term pending1 with respect to a claim for compensation received by the ,secretary1 means a claim that has not been adjudicated by the ,secretary4 ,,ii ,board of ,veterans' ,appeals and ,court of ,appeals for ,veterans ,claims #bja4 ,modification of filing period for notice of disagreement to initiate appellate review of decisions of ,department of ,veterans ,affairs 7a7 ,filing of notice of disagreement by claimants 7#a7 ,in general ,paragraph 7#a7 of section #gaje7;b7 of title #ch1 ,united ,states ,code1 is amended-- 7,a7 by striking one year and inserting #ahj days in the first sentence2 and 7,b7 by striking one-year and inserting #ahj-;day in the third sentence4 7#b7 ,electronic filing ,such paragraph is further amended by inserting or transmitted by electronic means after postmarked4 7#c7 ,good cause exception for untimely filing of notices of disagreement ,such section #gaje7;b7 is amended by adding at the end the following new paragraph3 7#c7 7,a7 ,a notice of disagreement not filed within the time prescribed by paragraph 7#a7 shall be treated by the ,secretary as timely filed if-- 7i7 the ,secretary determines that the claimant1 legal guardian1 or other accredited representative1 attorney1 or authorized agent filing the notice had good cause for the lack of filing within such time2 and 7ii7 the notice of disagreement is filed not later than #ahf days after the period prescribed by paragraph 7#a74 7,b7 ,for purposes of this paragraph1 good cause shall include the following3 7i7 ,circumstances relating to any physical1 mental1 educational1 or linguistic limitation of the claimant1 legal guardian1 representative1 attorney1 or authorized agent concerned 7including lack of facility with the ,english language74 7ii7 ,circumstances relating to significant delay in the delivery of the initial decision or of the notice of disagreement because of natural disaster or factors relating to geographic location4 7iii7 ,a change in financial circumstances1 including the payment of medical expenses or other changes in income or net worth that are considered in determining eligibility for benefits and services on an annualized basis for purposes of needs-based benefits under chapters #ac1 #ae1 and #ag of this title4 4 7b7 ,application by ,department for review on appeal ,section #gajf of such title is amended in the first sentence by striking one-year period described in section #gaje and inserting period described in section #gaje7;b77#a74 7c7 ,effective date ,the amendments made by this section shall apply with respect to claims for compensation and benefits under laws administered by the ,secretary of ,veterans ,affairs filed with the ,secretary after the date of the enactment of this ,act4 #bjb4 ,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 redesignating subsection 7f7 as subsection 7g72 7#b7 in subsection 7a77#a71 by striking in subsection 7f7 and inserting in subsection 7g72 and 7#c7 by striking subsections 7d7 and 7e7 and inserting the following new subsections3 7d7 7#a7 ,except as provided in paragraph 7#b71 a hearing before the ,board shall be conducted through picture and voice transmission1 by electronic or other means1 in such a manner that the appellant is not present in the same location as the members of the ,board during the hearing4 7#b7 7,a7 ,a hearing before the ,board shall be conducted in person upon the request of an appellant4 7,b7 ,in the absence of a request under subparagraph 7,a71 a hearing before the ,board may also be conducted in person as the ,board considers appropriate4 7e7 7#a7 ,in a case in which a hearing before the ,board is to be held as described in subsection 7d77#a71 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 as described in subsection 7d77#a7 shall be conducted in the same manner as1 and shall be considered the equivalent of1 a personal hearing4 7f7 7#a7 ,in a case in which a hearing before the ,board is to be held as described in subsection 7d77#b71 the appellant may request that the hearing 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 ,department4 7#b7 ,a hearing to be held within an area served by a regional office of the ,department shall 7except as provided in paragraph 7#c77 be scheduled to be held in accordance with the place of the case on the docket under subsection 7a7 relative to other cases on the docket for which hearings are scheduled to be held within that area4 7#c7 ,a hearing to be held within an area served by a regional office of the ,department may1 for cause shown1 be advanced on motion for an earlier hearing4 ,any such motion shall set forth succinctly the grounds upon which the motion is based4 ,such a motion may be granted only-- 7,a7 if the case involves interpretation of law of general application affecting other claims2 7,b7 if the appellant is seriously ill or is under severe financial hardship2 or 7,c7 for other sufficient cause shown4 4 7b7 ,effective date ,the amendments 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 #bjc4 ,disclosure of certain medical records in appellate proceedings in certain courts ,section #gccb7;b77#b7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,e7 through 7,g7 as subparagraphs 7,f7 through 7,h71 respectively2 and 7#b7 by inserting after subparagraph 7,d7 the following new subparagraph 7,e73 7,e7 ,to the ,supreme ,court of the ,united ,states1 the ,united ,states ,court of ,appeals for the ,federal ,circuit1 or the ,united ,states ,court of ,appeals for ,veterans ,claims1 and all parties of record1 in a case that is appealed to such court and such records are included in the record on appeal4 ,upon disclosure of such records1 the court concerned shall impose appropriate safeguards against unauthorized disclosure that are consistent with the provisions of section #gbfh of this title4 4 ,,iii ,other matters #cja4 ,extension of authority for operations of ,manila ,department of ,veterans ,affairs ,regional ,office ,section #cae7;b7 of title #ch1 ,united ,states ,code1 is amended by striking ,december #ca1 #bjac and inserting ,december #ca1 #bjad4 #cjb4 ,extended period for scheduling of medical exams for veterans receiving temporary disability ratings for severe mental disorder ,section #aaef7;a77#c7 of title #ch1 ,united ,states ,code1 is amended by striking six months and inserting #edj days4 #cjc4 ,extension of marriage delimiting date for surviving spouses of ,persian ,gulf ,war veterans to qualify for death pension ,section #aeda7;f77#a77;,e7 of title #ch1 ,united ,states ,code1 is amended by striking ,january #a1 #bjaa and inserting the date that is #aj years and one day after the date on which the ,persian ,gulf ,war was terminated1 as prescribed by ,presidential proclamation or by law4 #cjd4 ,making effective date provision consistent with provision for benefits eligibility of a veteran's child based upon termination of remarriage by annulment ,section #eaaj7l7 of title #ch1 ,united ,states ,code1 is amended by striking 1 or of an award or increase of benefits based on recognition of a child upon termination of the child's marriage by death or divorce14 #cje4 ,extension of temporary authority for performance of medical disabilities examinations by contract physicians 7a7 ,in general ,section #gjd7;c7 of the ,veterans ,benefits ,act of #bjjc 7,public ,law #ajh-ahc2 #ch ,u4,s4,c4 #eaja note7 is amended by striking ,december #ca1 #bjac and inserting ,december #ca1 #bjad4 7b7 ,report on disability medical examinations furnished by ,department of ,veterans ,affairs 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 furnishing of general medical and specialty medical examinations by the ,department of ,veterans ,affairs for purposes of adjudicating claims for benefits under laws administered by the ,secretary4 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall include the following3 7,a7 ,the number of general medical examinations furnished by the ,department during the period of fiscal years #bjji through #bjab for purposes of adjudicating claims for benefits under laws administered by the ,secretary4 7,b7 ,the number of general medical examinations furnished by the ,department during the period of fiscal years #bjji through #bjab for purposes of adjudicating a claim in which a comprehensive joint examination was conducted1 but for which no disability relating to a joint1 bone1 or muscle had been asserted as an issue in the claim4 7,c7 ,the number of specialty medical examinations furnished by the ,department during the period of fiscal years #bjji through #bjab for purposes of adjudicating a claim4 7,d7 ,the number of specialty medical examinations furnished by the ,department during the period of fiscal years #bjji through #bjab for purposes of adjudicating a claim in which one or more joint examinations were conducted4 7,e7 ,a summary 7including citations of7 any medical and scientific studies which provide a scientific basis for determining that three repetitions is adequate to determine the effect of repetitive use on functional impairments4 7,f7 ,the names of all examination reports1 including general medical examinations and ,disability ,benefits ,questionnaires1 used for evaluation of compensation and pension disability claims which require measurement of repeated ranges of motion testing and the number of examinations requiring such measurements which were conducted in fiscal year #bjab4 7,g7 ,the average amount of time taken by an individual conducting a medical examination to perform the three repetitions4 7,h7 ,a discussion of whether there are more efficient and effective scientifically reliable methods of testing for functional loss on repetitive use of an extremity other than the three time repetition currently used by the ,department4 7,i7 ,recommendations as to the continuation of the practice of measuring functional impairment by using three repetitions during the examination as a criteria for evaluating the effect of repetitive motion on functional impairment with supporting rationale4 7c7 ,report on progress of ,acceptable ,clinical ,evidence initiative 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary 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 progress of the ,acceptable ,clinical ,evidence initiative of the ,department of ,veterans ,affairs in reducing the necessity for in-person disability examinations and other efforts to comply with the provisions of section #eabe of title #ch1 ,united ,states ,code4 7#b7 ,contents ,the report required by paragraph 7#a7 shall include the following3 7,a7 ,the number of claims eligible for the ,acceptable ,clinical ,evidence initiative during the period beginning on the date of the initiation of the initiative and ending on the date of the enactment of this ,act1 disaggregated by fiscal year4 7,b7 ,the total number of claims eligible for the ,acceptable ,clinical ,evidence initiative that required a medical examiner of the ,department to supplement the evidence with information obtained during a telephone interview with a claimant4 7,c7 ,information on any other initiatives or efforts of the ,department to further encourage the use of private medical evidence and reliance upon reports of a medical examination administered by a private physician if the report is sufficiently complete to be adequate for the purposes of adjudicating a claim4