WashingtonWatch.com - H.R. 5892, The Veterans Disability Benefits Claims Modernization Act of 2008

Comment by W.H. Heino Sr. (November 22, 2008, 01:00:00)

Sat, 22 Nov 2008 00:00:00 EST

Just like James Kirkman's case was lost, mine as well was lost by the BVA and had to be rebuilt. It went to the CAVC who refused to adjudicate from a rebuilt file. Now it's back at the BVA on remand and of course they will be working on a rebuilt file. Isn't it funny how they seem to lose cases that they don't want to handle? Well I'm going to be 75 years old come Jan 2009, accoording to BVA rules perhaps that will speed things up before I die....

Revision by webmaster (October 23, 2008, 01:00:00)

Thu, 23 Oct 2008 00:00:00 EDT

H.R. 5892 would amend title 38, United States Code, to direct the Secretary of Veterans Affairs to modernize the disability benefits claims processing system of the Department of Veterans Affairs to ensure the accurate and timely delivery of compensation to veterans and their families and survivors.

Detailed Summary

Veterans Disability Benefits Claims Modernization Act of 2008 - <b>Title I: Matters Relating to Modernizing the Disability Compensation System of Department of Veterans Affairs </b>- (Sec. 101) Directs the Secretary of Veterans Affairs to: (1) establish in the Veterans Benefits Administration (VBA) of the Department of Veterans Affairs (VA) an Office of Survivor Assistance to provide direct assistance to survivors and dependents of deceased veterans and members of the Armed Forces regarding all benefits and services delivered by the VA; and (2) report annually to Congress on Office activities.

(Sec. 102) Requires the Secretary to conduct, and report to Congress on, a study on adjusting the VA schedule for rating veterans' disabilities (rating schedule) to base such schedule on current standards, practices, and codes in common use by medical, mental health, and disability professions. Directs the Secretary, after the report, to submit to Congress a plan for the readjustment of such schedule, along with a proposed implementation timeline (not to exceed three years). Authorizes appropriations.

Establishes in the VA the Advisory Committee on Disability Compensation to advise the Secretary on the maintenance and periodic readjustment of the rating schedule. Requires an annual Committee report to the Secretary (to be forwarded to the congressional veterans' committees) on its programs and activities.

(Sec. 103) Directs the Secretary to: (1) conduct a study of the VBA's work credit system used to measure the work production of VBA employees; (2) establish a new system; and (3) report to Congress on the study and on VA progress in implementing the new system. Prohibits the Secretary from awarding work credits to VBA employees until the new system is established.

(Sec. 104) Requires the Secretary to conduct a study of, and report to Congress on, the VBA work management system, which is designed to improve accountability, quality, and accuracy of, and reduce the time for processing, veterans' benefit claims (claims) adjudicated by the VBA.

(Sec. 105) Directs the Secretary to: (1) develop and implement a certification examination for VBA employees and managers responsible for processing claims; (2) contract for an evaluation of training and performance assessment programs for employees responsible for matters relating to veterans' compensation or pension benefits; and (3) report to Congress on actions taken under (1) and (2).

(Sec. 106) Requires the Secretary to: (1) contract for an independent annual assessment of the VBA's quality assurance program; and (2) report annually to Congress on the most recent assessment.

(Sec. 107) Directs the Secretary to: (1) provide for the expedited treatment by the appropriate VBA regional office of any fully developed claim to ensure that it is adjudicated no more than 90 days after its submission; (2) provide to claimants a checklist of information required to substantiate claims; and (3) submit the checklist to Congress.

(Sec. 108) Requires the Secretary to: (1) evaluate the need of the VBA and VA to employ additional medical professionals to act as consultants to assist VBA employees to accurately assess medical evidence submitted in support of claims; and (2) report to Congress on the evaluation.

(Sec. 109) Provides VA authority to provide partial disability ratings for severely (50% service-connected) and very severely (100% service-connected) disabled veterans who are 365 days or less from active-duty discharge and for whom gainful employment is not feasible or likely. Terminates such partial rating on the earlier of 365 days after discharge or the date on which the veteran receives a permanent rating.

(Sec. 110) Directs the Secretary to: (1) review VBA use of information technology and develop a comprehensive plan for the use of such technology in processing claims; (2) review VA best practices and lessons learned and the use of the technology known as VistA by other government agencies and private organizations who employ information technology and automated decision support software; (3) develop a plan that would reduce the processing time for each claim processed by the VBA to the average amount of time required to process a claim as determined by the Secretary; and (4) report to Congress on the reviews and plan required under this section.

(Sec. 111) Provides that if a veteran claimant dies while a claim or appeal is pending, the claim beneficiary shall be treated as the claimant for purposes of processing the claim to completion, except that such person may only submit new evidence in support of the claim during the one-year period following the veteran's death.

<b>Title II: Matters Relating to United States Court of Appeals for Veterans Claims </b>- (Sec. 201) Requires the Chief Judge of the U.S. Court of Appeals for Veterans Claims (Court) to report annually to the veterans' committees summarizing the Court's workload.

(Sec. 202) Empowers the Court to affirm, modify, reverse, remand, or vacate and remand a decision of the Board of Veterans' Appeals after deciding all relevant assignments of error raised for each claim. Provides that, when the Court reverses a decision on the merits of a claim and orders an award of benefits, the Court need not decide any additional assignments of error with respect to that claim.

Status of the Legislation

Latest Major Action: 7/31/2008: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

Points in Favor

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Points Against

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Comment by rlsperling472183391 (October 17, 2008, 01:00:00)

Fri, 17 Oct 2008 00:00:00 EDT

benifit increasefor 100% vets...

Comment by dmarie (October 9, 2008, 01:00:00)

Thu, 09 Oct 2008 00:00:00 EDT

are state congressmans required to keep copies of complaints against dod hospitals and if so how do I obtain a copy from Congressman Charlie Rose....

Comment by M.Rivas (October 4, 2008, 01:00:00)

Sat, 04 Oct 2008 00:00:00 EDT

HR5892 would cost less than $1.00 per American---The "fat cats bail out" will be better than $3000.00 per tax payer. It's been "--too much monkey business---" for far too long.ORGANIZE!! GET THE RASCALS OUT!! GOT VOTE??...

Comment by Susan Hill (September 16, 2008, 01:00:00)

Tue, 16 Sep 2008 00:00:00 EDT

Unfortunately my husband died while waiting for his claim to be approved for cancer. It happens to other veterans each and every single day. No one does anything. It's all talk and the veterans and their families suffer the consequences....

Comment by K9USAFRet (September 8, 2008, 01:00:00)

Mon, 08 Sep 2008 00:00:00 EDT

The backlog started in 1989, and has gotten worse every year. There have been at least four other attempts to pass legislation, all died in committee. The GAO just released an audit that suggests the VA can't even count the backlog correctly. They don't count those cases remanded (x,000), they don't count those that are appealed (x,000) or disagreed with (x,000). The work credit system rewards inaccuracy, the management system rewards inefficiency and mismanagement, the rating schedule is for the most part 58 - 94 years old and is the biggest ripoff in American history, and the Secretary of the VA, who should be prosecuted for collusion, conspiracy, malpractice, and murder is being given more authority to KILL Veterans. Anyone who thinks this is a good bill should get off the LSD!!!...

Comment by K9USAFRet (August 16, 2008, 01:00:00)

Sat, 16 Aug 2008 00:00:00 EDT

No more studies, no more studies. Unfortunately, I have never seen a more worthless piece of legislation in my life. Three years of studies is really going to fix a deliberate effort by the VA to stall claims until Vets die and their widows give up! Thrash it and re-write it from scratch!...

Revision by webmaster (August 1, 2008, 01:00:00)

Fri, 01 Aug 2008 00:00:00 EDT

Detailed Summary

Veterans Disability Benefits Claims Modernization Act of 2008 - Revises or adds provisions relating to the disability compensation system of the Department of Veterans Affairs (VA) to: (1) require a study on adjusting the schedule for rating veterans' disabilities; (2) establish the Advisory Committee on Disability Compensation; (3) require a study on the employee work credit system of the VA's Veterans Benefits Administration (VBA); (4) require a study on the VBA's work management system; (5) require the certification and training of VBA employees responsible for processing claims; (6) require an annual independent assessment of the VBA's quality assurance program; (7) provide for the expedited VBA treatment of fully developed claims and a checklist for individuals submitting incomplete claims; (8) require a study of the VBA's need to employ additional medical professionals to act as a medical reference for employees handling claims; (9) provide for the assignment of partial disability ratings to certain veterans; (10) require a review and revision of VBA use of information technology; and (11) allow a claim beneficiary to be substituted as a claimant in the case of the death of a veteran claimant while a claim is awaiting adjudication or appeal.

Requires the Chief Judge of the U.S.Court of Appeals for Veterans Claims to report annually to the congressional veterans' committees on the Court's workload.

Revises provisions concerning the jurisdiction and finality of decisions of the Court.

Status of the Legislation

Latest Major Action: 7/31/2008: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

Points in Favor

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Points Against

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Comment by James Kirkman (July 31, 2008, 01:00:00)

Thu, 31 Jul 2008 00:00:00 EDT

My claim is 6 years old, as they say since I ws not a "combat" soldier, I did nothave contact with the enemy, thus no stressor. My claim is at the CAVC and has been there 16 months and just now has been assigned a Judge for review. They say itmight take another year for the Judge to review the case. Most likely the Judeg wil lnot reverse the VA's decision, but will reamnd it back to them, like letting the fox take care of the hen house. To top it all off, the VA had and completely lost my original service and medical records. Yet, they still denied my obvious claim. I have (14) of the VA's own doctors that agree I have service connected PTSD and should be getting benefits, but the C&P services keep fighting me as if I were a criminla. I have actually askedthem to prosecute me if they thing I have filed a fraudulent claim....

Status as of July 31, 2008

Thu, 31 Jul 2008 00:00:00 EDT

7/31/2008: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

Comment by lawrence smith (July 30, 2008, 01:00:00)

Wed, 30 Jul 2008 00:00:00 EDT

I have been 80% combined and paid at the 100% rate for 11 years. I am owed 20 years back pay. If I am already receiving 100% pay, what is the hold up for giving me the flat rate to receive my 20 years backpay?...

Revision by webmaster (July 30, 2008, 01:00:00)

Wed, 30 Jul 2008 00:00:00 EDT

Detailed Summary

Requires the Chief Judge of the U.S.Court of Appeals for Veterans Claims to report annually to the congressional veterans' committees on the Court's workload.

Revises provisions concerning the jurisdiction and finality of decisions of the Court.

Status of the Legislation

Latest Major Action: 7/29/2008: House floor actions. Status: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Lamborn objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

Points in Favor

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Points Against

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Revision by webmaster (July 30, 2008, 01:00:00)

Wed, 30 Jul 2008 00:00:00 EDT

Detailed Summary

Requires the Chief Judge of the U.S.Court of Appeals for Veterans Claims to report annually to the congressional veterans' committees on the Court's workload.

Revises provisions concerning the jurisdiction and finality of decisions of the Court.

Status of the Legislation

Latest Major Action: 7/30/2008: House floor actions. Status: Considered as unfinished business.

Points in Favor

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Points Against

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Status as of July 30, 2008

Wed, 30 Jul 2008 00:00:00 EDT

7/30/2008: House floor actions. Status: Considered as unfinished business.

Status as of July 29, 2008

Tue, 29 Jul 2008 00:00:00 EDT

7/29/2008: House floor actions. Status: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Lamborn objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.

Revision by webmaster (July 16, 2008, 01:00:00)

Wed, 16 Jul 2008 00:00:00 EDT

Detailed Summary

Requires the Chief Judge of the U.S.Court of Appeals for Veterans Claims to report annually to the congressional veterans' committees on the Court's workload.

Revises provisions concerning the jurisdiction and finality of decisions of the Court.

Status of the Legislation

Latest Major Action: 4/30/2008: House committee/subcommittee actions. Status: Ordered to be Reported by Voice Vote.

Points in Favor

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Points Against

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Comment by FRANK BUSHEY (June 7, 2008, 01:00:00)

Sat, 07 Jun 2008 00:00:00 EDT

THIS HAS BEEN THIS WAY,IT SEEMS FOREVER. PRIORITY NUMBER ONE SHOULD BE THE VERY SHORTEST TIME THAT IT CAN BE DONE, THIS MEANS GETTING MORE HELP. DO IT. THESE TROOPS LAID IT OUT ON THE LINE FOR THIS COUNTRY AND THEY DESERVE THE VERY BEST. IF THE MILITARY WAS RUN LIKE THE GOVERNMENT WE WOULD HAVE LOST EVERY WAR WE FOUGHT. A DISCOURAGED ATOMIC VETERAN...

Comment by lawrence smith (June 5, 2008, 01:00:00)

Thu, 05 Jun 2008 00:00:00 EDT

I was retired on TDRL in 1976. Eighteen months later, I was removed from TDRL. Being put on this list, deprived me of my chance of playing Major League Baseball. I was removed totally from 1977-1991 and in 1991, I was rated 10% until 1996, then 50% then in 2000, 100%. I would like to get my back pay. I have already applied for the earliest effective date. This show that the VA is not trying to resolve my case. I have been on unemployability over 11 years, including my retroactive pay, back to 1996. Signed Sgt. Lawrence Smith, U.S. Air Force retired....

Comment by Berta Simmons (May 2, 2008, 01:00:00)

Fri, 02 May 2008 00:00:00 EDT

I dont see anything in this bill that actually addresses the solution to the backlog. As long as VAROs can send prejudicial VCAA letters to veterans and widows which may or may not include a VCAA Election form (which triggers the VA to begin to work on the claim) then those veterans and widows (like me) become a part of the backlog. I am seeking someone in Congress to sponsor an amendment to the VCAA to stop this and thus stop a continued backlog. I will attach the amendment I wrote in email if you respond. BSim756679@aol.com I am a volunteer veterans claims counselor and I know what will change the backlog....

Comment by Al Kovacs (May 2, 2008, 01:00:00)

Fri, 02 May 2008 00:00:00 EDT

I have been waiting 30 years no accountability by these agencies.For musculoskeletal injuries.24 years of medical documentation vanished for treatment of these injuries.If things were process correctly the first time there would be no back log. 50 days active duty hospitalization,and others.Disgraceful to the American Soldier....

Revision by webmaster (May 1, 2008, 01:00:00)

Thu, 01 May 2008 00:00:00 EDT

Detailed Summary

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Status of the Legislation

Latest Major Action: 4/30/2008: House committee/subcommittee actions. Status: Ordered to be Reported by Voice Vote.

Points in Favor

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Points Against

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Status as of April 30, 2008

Wed, 30 Apr 2008 00:00:00 EDT

4/30/2008: House committee/subcommittee actions. Status: Ordered to be Reported by Voice Vote.

Revision by webmaster (April 25, 2008, 01:00:00)

Fri, 25 Apr 2008 00:00:00 EDT

Detailed Summary

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Status of the Legislation

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Points in Favor

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Points Against

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Revision by webmaster (April 25, 2008, 01:00:00)

Fri, 25 Apr 2008 00:00:00 EDT

Detailed Summary

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Status of the Legislation

Latest Major Action: 4/24/2008: Referred to House committee. Status: Referred to the House Committee on Veterans' Affairs.

Points in Favor

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Points Against

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