,i #aaith ,,congress #ast ,session ,h4 ,r4 #cihc ,,in ,,the ,,house ,,of ,,representatives ,june #ab1 #bjbe,mr4 ,luttrell introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to improve the quality of the adjudication of claims for benefits under the laws administered by the ,secretary of ,veterans ,affairs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,veterans ,claims ,quality ,improvement ,act of #bjbe4 #b4 ,notice of avoidable deferrals of claims for benefits under laws administered by the ,secretary of ,veterans ,affairs2 study and report on certain opinions of ,department of ,veterans ,affairs ,office of ,general ,counsel 7a7 ,notice of avoidable deferrals ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall develop policies1 procedures1 and technological capabilities to ensure that each employee of the ,veterans ,benefits ,administration that commits an avoidable deferral with respect to a claim for benefits under the laws administered by the ,secretary of ,veterans ,affairs in the ,national ,work ,queue is notified of any avoidable deferrals that such employee commits with respect to the same claim4 7b7 ,study and report on certain ,,ogc opinions 7#a7 ,study ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs1 in consultation with the ,office of the ,general ,counsel of the ,department of ,veterans ,affairs and the ,chairman of the ,board of ,veterans' ,appeals1 shall complete a study to identify-- 7,a7 issues about which an opinion from the ,office of the ,general ,counsel of the ,department would foster consistency in the decisions of the ,secretary with respect to claims for benefits under the laws administered by the ,secretary2 and 7,b7 issues raised in appeals of such decisions to the ,united ,states ,court of ,appeals for ,veterans ,claims before the date of the enactment of this ,act about which the ,office of the ,general ,counsel has had inconsistent opinions in matters involving substantially similar questions of law or fact4 7#b7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committees on ,veterans' ,affairs of the ,house of ,representatives a report that includes-- 7,a7 the findings of the study required by paragraph 7#a72 7,b7 a statement of which issues identified pursuant to such study about which the ,office of the ,general ,counsel of the ,department intends to publish an opinion2 and 7,c7 a timeline for the publication of any such opinion4 #c4 ,improvements to system for adjudication of claims for benefits under laws administered by ,secretary of ,veterans ,affairs 7a7 ,program for quality assurance in decisions of ,board of ,veterans' ,appeals2 performance reviews 7#a7 ,in general ,section #gaja of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7f7 7#a7 ,the ,chairman shall carry out a program to ensure quality in the decisions of the ,board4 ,under such program1 the ,chairman shall-- 7,a7 develop policies and procedures for-- 7i7 measuring quality in such decisions2 7ii7 maintaining data and identifying trends with respect to-- 7,i7 errors in such decisions2 7,,ii7 errors in decisions remanded or returned to the ,board by the ,court of ,appeals for ,veterans ,claims2 and 7,,iii7 specific members of the ,board that issued decisions that were subsequently vacated by the ,court of ,appeals for ,veterans ,claims2 and 7iii7 ensuring any such decision of the ,board to remand a claim for a benefit under a law administered by the ,secretary is necessary under any applicable law or regulation2 7,b7 with respect to a claim for such a benefit that is remanded to the ,board by the ,court of ,appeals for ,veterans ,claims-- 7i7 inform any employee of the ,board responsible for drafting the decision of the ,board with respect to such claim that such decision was remanded2 7ii7 provide any such employee with a copy of the relevant order of the ,court of ,appeals for ,veterans ,claims 7including a copy of any accompanying joint motion for remand72 and 7iii7 provide incentives to such employees to review such relevant orders and joint motions for remand2 and 7,c7 ensure1 to the maximum extent practicable1 that any error identified by the ,board under such program is corrected before the date on which the ,board issues the final decision associated with such error4 7#b7 ,in developing policies and procedures to measure quality in decisions of the ,board pursuant to clause 7i7 of subparagraph 7,a7 of paragraph 7#a71 the ,chairman shall consider the data and trends maintained and identified pursuant to clause 7ii7 of such subparagraph4 7#c7 ,the ,chairman may use technology1 including artificial intelligence1 to maintain such data and identify such trends4 7#d7 ,the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate an annual report on the program required by this subsection that includes1 with respect to the period covered by the report1 an identification of-- 7,a7 elements1 if any of the process of the ,board for reviewing an appeal under this chapter that lead to errors in decisions of the ,board2 and 7,b7 the most common reasons that a claim for a benefit under a law administered by the ,secretary was remanded to such ,board by the ,court of ,appeals for ,veterans ,claims4 4 7#b7 ,deadline ,the ,secretary shall submit the first report required by paragraph 7#b7 of such section 7as added by paragraph 7#a77 by not later than one year after the date of the enactment of this ,act4 7b7 ,training program for certain employees of ,board of ,veterans' ,appeals2 performance reviews 7#a7 ,training program 7,a7 ,in general ,chapter #ga of such title 7as amended by subsection 7a77 is further amended by inserting after section #gaja;,a the following new section3 #gaja;,b4 ,training program for ,members of ,board on timely and correct adjudication of appeals 7a7 ,in general ,the ,secretary1 in conjunction with the ,chairman of the ,board of ,veterans' ,appeals1 shall develop and carry out a program to provide ,members of the ,board training on timely and correct adjudication of appeals under this chapter4 7b7 ,required considerations ,in carrying out the program required by subsection 7a71 the ,secretary shall consider the following3 7#a7 ,feedback1 if any1 from members of the ,board and covered employees with respect to such program4 7#b7 ,data on errors in decisions of the ,board maintained pursuant to the program for quality assurance required by subsection 7f7 of section #gaja of this title4 7#c7 ,any decision of the ,court of ,appeals for ,veterans ,claims to remand a claim for benefits under the laws administered by the ,secretary to the ,board for further action1 including a joint motion to remand such claim4 7c7 ,assessments of effectiveness ,the ,secretary1 in conjunction with the ,chairman of the ,board of ,veterans' ,appeals1 shall develop a method to assess1 on an annual basis1 the effectiveness of the training program under this section4 ,in developing such method1 the ,secretary shall consider best practices for assessing the effectiveness of training programs1 including the ,kirkpatrick evaluation model4 7d7 ,report ,the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate an annual report on the program required by subsection 7a7 that includes1 with respect to the period covered by the report-- 7#a7 a statement of the topics of the training provided pursuant to this section1 disaggregated by-- 7,a7 mandatory training2 and 7,b7 non-mandatory training2 and 7#b7 the results of the assessment of the effectiveness of such program required under subsection 7b74 7e7 ,covered employee defined ,in this section1 the term covered employee means an employee of the ,board who is-- 7#a7 not a member of the ,board2 and 7#b7 responsible for drafting decisions of the ,board4 4 7,b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #gaja;,a the following new item3 #gaja;,b4 ,training program for ,members of ,board on timely and correct adjudication of appeals4 4 7#b7 ,performance reviews of ,members of the ,board ,section #gaja;,a of such title 7as amended by paragraph 7#a77 is amended-- 7,a7 in subparagraph 7,b7 of subsection 7c77#a7 by striking not less often than once every three years and inserting not less often than annually2 and 7,b7 by adding at the end the following new subsection3 7h7 7#a7 ,with respect to any performance review of a covered employee1 the ,secretary may not consider the timeliness or quality of work of any ,member of the ,board4 7#b7 ,in this subsection1 the term covered employee has the meaning given such term in section #gaja;,b of this title4 4 7c7 ,decisions of ,board to remand 7#a7 ,information relating to decisions to remand ,section #gajd of such title is amended in subsection 7d7-- 7,a7 by redesignating paragraphs 7#a7 through 7#c7 as paragraphs 7#b7 through 7#d71 respsectively2 and 7,b7 by inserting before paragraph 7#b7 7as so redesignated71 the following new paragraph3 7#a7 with respect to a claim that the ,board remands for further action1 a statement of the specific reasons such claim was remanded1 including any failure on the part of the ,secretary to comply with-- 7,a7 the ,secretary's duty to assist under section #eajc;,a of this title2 and 7,b7 the ,secretary's duty to notify under section #eajc of this title2 4 7#b7 ,notice of remanded decision for certain employees ,such section is further amended in-- 7,a7 subsection 7e7-- 7i7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively2 7ii7 by striking ,after and inserting 7#a7 ,after2 and 7iii7 by adding at the end the following new paragraph3 7#b7 ,if1 pursuant to a decision on an appeal1 the ,board remands a claim for a benefit under a law administered by the ,secretary for further action1 the ,secretary shall1 to the maximum extent practicable1 issue a copy of such decision to each employee of the ,veterans ,benefits ,administration who committed the error resulting in the decision of the ,board to remand1 when applicable4 2 and 7,b7 in subsection 7f71 by striking under subsection 7e7 and inserting under paragraph 7#a7 of subsection 7e74 7d7 ,annual reports for ,board of ,veterans' ,appeals 7#a7 ,in general ,chapter #ga of title #ch1 ,united ,states ,code1 is amended by inserting after section #gaad the following new section3 #gaae4 ,annual report on ,board of ,veterans' ,appeals ,the ,chairman of the ,board shall submit to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate an annual report that includes1 for each decision of the ,board to remand a claim for a benefit under a law administered by the ,secretary to the ,secretary for further adjudication during the period covered by the report1 a statement of the reasons for such decision of the ,board1 disaggregated by decisions on-- 7#a7 claims with a rating decision dated on or after ,february #ai1 #bjai2 and 7#b7 claims with a rating decision dated before such date4 4 7#b7 ,deadlines ,the ,secretary shall submit the first reports required by subsections 7a7 and 7b7 of section #gaae of such title 7as added by paragraph 7#a77 by not later than one year after the date of the enactment of this ,act4 7#c7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #gaad the following new item3 #gaae4 ,annual report on ,board of ,veterans' ,appeals 4 7e7 ,plan for improvements to quality in decisions of ,board 7#a7 ,in general ,not later than six months after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs1 in consultation with the ,chairman of the ,board of ,veterans' ,appeals and the head of the ,office of ,administrative ,review of the ,veterans ,benefits ,administration1 shall develop a plan to-- 7,a7 improve the quality of decisions of the ,board to remand1 pursuant to section #gajd of title #ch1 ,united ,states ,code1 claims for a benefit under a law administered by the ,secretary to the ,secretary for further action2 and 7,b7 mitigate the number of such decisions that are unnecessary under any applicable law or regulation4 7#b7 ,report ,the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate a report on such plan by not later than six months after the date of the enactment of this ,act4