Veterans' Disability Claims Efficiency Act of 2010 - Allows the Secretary of Veterans Affairs (VA), in the case of a disability claim with multiple conditions, to assign an interim disability rating for the condition(s) that can be assigned without further development and to continue development of the remaining condition(s). Requires an interim disability rating to remain in effect unless the Secretary later assigns an increased rating for such condition. Prohibits the continuation of such rating if the rating was based on fraud or the condition improves.
Directs the Secretary to establish a process for the rapid identification of initial claims for disability compensation that should, in adjudication, receive priority in the order of review. Requires the Secretary to identify whether claims have the potential of being adjudicated quickly, the claims qualify for priority treatment, and a temporary disability rating could be assigned for such claims. Authorizes the Secretary to provide priority based on the effect such priority would have on a claimant.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5928 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5928
To amend title 38, United States Code, to improve the efficiency of
processing certain claims for disability compensation by veterans.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2010
Mr. Walz (for himself, Mr. King of New York, Mr. Donnelly of Indiana,
and Mr. Heinrich) introduced the following bill; which was referred to
the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve the efficiency of
processing certain claims for disability compensation by veterans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Disability Claims
Efficiency Act of 2010''.
SEC. 2. IMPROVEMENT OF DISABILITY CLAIMS PROCESSING.
(a) Establishment of Fast Track Interim Disability Ratings.--
Section 1157 of title 38, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Fast Track Interim Disability Ratings.--(1) In the case of a
veteran who submits to the Secretary a claim for compensation under
this chapter for more than one condition and the Secretary determines
that a disability rating can be assigned without further development
for one or more conditions but not all conditions in the claim, the
Secretary shall--
``(A) expeditiously review the claim in accordance
with section 5103B of this title;
``(B) assign an interim disability rating for each
condition that the Secretary determines could be
assigned without further development (except as
provided in paragraph (3)(A)); and
``(C) continue development of the remaining
conditions.
``(2) If the Secretary is able to assign a disability rating for a
condition described in paragraph (1)(C) with respect to a claim, the
Secretary shall assign such rating and combine such rating with each
interim rating previously assigned under paragraph (1)(B) with respect
to that claim.
``(3)(A) With respect to an interim disability rating assigned
under paragraph (1)(B) for a condition that is rated less than the
maximum rate, the Secretary shall continue development of such
condition.
``(B) Except as provided in subparagraph (C), an interim disability
rating assigned under paragraph (1)(B) for a condition shall remain in
effect unless the Secretary later assigns an increased rating for such
condition.
``(C) Under regulations prescribed by the Secretary, subparagraph
(B) shall not apply to an interim disability rating assigned under
paragraph (1)(B) for a condition if--
``(i) such rating was based on fraud; or
``(ii) such condition improves.''.
(b) Establishment of Fast Track Claim Review Process.--
(1) In general.--Subchapter I of chapter 51 of title 38,
United States Code, is amended by inserting after section 5103A
the following new section:
``Sec. 5103B. Expedited review of initial claims for disability
compensation
``(a) Process Required.--The Secretary shall establish a process
for the rapid identification of initial claims for disability
compensation that should, in the adjudication of such claims, receive
priority in the order of review.
``(b) Review of Initial Claims.--As part of the process required by
subsection (a), the Secretary shall carry out a preliminary review of
all initial claims for disability compensation submitted to the
Secretary in order to identify whether--
``(1) the claims have the potential of being adjudicated
quickly, including claims where an interim disability rating
could be assigned under section 1157(b)(1)(B) of this title;
``(2) the claims qualify for priority treatment under
paragraph (2) of subsection (c); and
``(3) a temporary disability rating could be assigned with
respect to the claims under section 1156 of this title.
``(c) Priority in Adjudication of Initial Claims.--(1) As part of
the process required by subsection (a) and except as provided in
paragraph (2), the Secretary shall, in the adjudication of initial
claims for disability compensation submitted to the Secretary, give
priority in the order of review of such claims to claims identified
under subsection (b)(1) as having the potential of being adjudicated
quickly.
``(2) Under regulations prescribed for such purpose, the Secretary
may provide priority in the order of review of initial claims for
disability compensation based on the effect such priority would have on
a claimant.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 51 of such title is amended by inserting
after the item relating to section 5103A, the following new
item:
``5103B. Expedited review of initial claims for disability
compensation''.
(c) Reports.--
(1) First interim report.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the appropriate congressional
committees a report on--
(A) the implementation of sections 1157(b) and
5103B of title 38, United States Code, as added by this
section;
(B) the workflow of the employees of the Department
of Veterans Affairs who review and process claims for
disability compensation, including an analysis of--
(i) the efficiency of such employees; and
(ii) whether such claims are directed to
such employees based on the complexity of the
claim in relation to the experience and skill
of the employee; and
(C) pilot programs carried out by the Secretary
relating to the review and process of claims for
disability compensation, including--
(i) the status of such pilot programs;
(ii) an evaluation of any best practices
learned from such pilot programs; and
(iii) whether such practices should be
expanded.
(2) Second interim report.--Not later than 18 months after
the date of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees an update to
the report submitted under paragraph (1).
(3) Final report.--Not later than two years after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees an update to the report
submitted under paragraph (2).
(4) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means the Committee on Veterans' Affairs of the House of
Representatives and the Committee on Veterans' Affairs of the
Senate.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to claims for disability compensation filed on or after the
date that is two years after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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