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 - 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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Visitor Comments
Berta Simmons
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.
Al Kovacs
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.
lawrence smith
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.
FRANK BUSHEY
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
lawrence smith
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?
James Kirkman
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.
K9USAFRet
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!