Union Calendar No. 162
118th CONGRESS 1st Session |
[Report No. 118–199]
To amend title 38, United States Code, to improve the requirement to publish disability benefit questionnaire forms of Department of Veterans Affairs, and for other purposes.
March 10, 2023
Mr. Luttrell (for himself and Mr. Pappas) introduced the following bill; which was referred to the Committee on Veterans' Affairs
September 14, 2023
Additional sponsors: Mr. McGarvey, Ms. Brownley, Mr. Self, and Mrs. Bice
September 14, 2023
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 10, 2023]
To amend title 38, United States Code, to improve the requirement to publish disability benefit questionnaire forms of Department of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. Short title; table of contents.
This Act may be cited as the “Veterans Benefits Improvement Act of 2023”.
SEC. 2. Improvement of publication of Department of Veterans Affairs disability benefit questionnaire forms.
Section 5101 of title 38, United States Code, is amended—
(1) in subsection (d)—
(A) in paragraph (1)(A), by inserting “, including (except as provided in paragraph (4)(A)) all disability benefit questionnaire forms available to personnel of the Veterans Health Administration and covered non-Department providers for the completion of examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary” before the semicolon; and
(B) by adding at the end the following new paragraph:
“(4) (A) The Secretary may exclude from publication under clauses (i) and (ii) of paragraph (1)(A) any form described in subparagraph (B) of this paragraph that the Secretary determines could not reasonably be completed to a clinically acceptable standard by someone not an employee or a contractor of the Department.
“(B) A form described in this subparagraph is a form that—
“(C) The Secretary shall include on the same internet website as the website on which forms are published under paragraph (1)(A) a list of forms that have been excluded from publication pursuant to subparagraph (A), and for each such form, a justification for the exclusion of the form from publication.”; and
SEC. 3. Improvement of provision of medical disability examinations by contractors.
(a) Report on improving reimbursement for travel relating to medical disability examinations.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, after consulting with the Secretary of State and the Commissioner of the Social Security Administration, shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the efforts of the Secretary to reimburse veterans for expenses incurred traveling to a facility of the Department or of a covered non-Department provider incident to an examination with respect to the medical disability of the veteran for purposes of benefits under the laws administered by the Secretary, regardless of whether the facility is located inside or outside the United States.
(b) Communication by non-Department providers providing medical disability examinations with individuals and organizations designated for preparation, presentation, and prosecution of claims.—Any contract entered into by the Secretary of Veterans Affairs after the date of the enactment of this Act under which a covered non-Department provider agrees to provide examinations with respect to medical disability for applicants for benefits under the laws administered by the Secretary, shall include a requirement that every communication from the covered non-Department provider to such an applicant regarding the scheduling of a covered medical disability examination be contemporaneously transmitted to any person or organization—
(c) Department of Veterans Affairs outreach regarding contact information for contractors providing covered medical disability examinations.—Not later than 120 days after the date of enactment of this Act, the Secretary of Veterans Affairs, in partnership with veterans service organizations and such other stakeholders as the Secretary considers relevant and appropriate, shall implement an outreach program to provide veterans with the following information:
(d) Covered non-Department provider.—In this section, the term “covered non-Department provider” means a medical provider who is not an employee of the Department of Veterans Affairs and who provides examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary of Veterans Affairs pursuant to a contract with the Department.
SEC. 4. Report on supporting governmental veterans service officers who prepare, present, and prosecute benefits claims before Department of Veterans Affairs.
(a) Report.—Not later than one year after the date of the enactment of this Act and after consulting veterans service organizations and such other stakeholders as the Secretary of Veterans Affairs considers relevant and appropriate, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the House of Representatives a report on improving the support by the Department of Veterans Affairs of covered governmental veterans service officers.
(b) Elements.—The report submitted under subsection (a) shall include the following:
(1) An assessment of the feasibility, advisability, and current technical limitations of providing covered governmental veterans service officers enhanced access to certain Department systems to better serve veterans those governmental service officers may not have authorization to represent.
(c) Definitions.—In this section:
SEC. 5. Board of Veterans' Appeals internship program.
(a) In general.—Chapter 71 of title 38, United States Code, is amended by adding at the end the following new section:
SEC. 6. Benefits for participants in certain programs of the Department of Veterans Affairs.
(a) Establishment.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a program to furnish certain benefits to covered participants.
(b) Benefits: student loan repayment; reimbursements.—
(1) IN GENERAL.—Subject to an agreement under paragraph (2), the Secretary shall provide to each covered attorney—
(2) AGREEMENT.—The Secretary shall enter into an agreement with a covered attorney who will receive benefits under paragraph (1). Each such agreement shall specify that—
(c) Professional development activities.—
(1) MENTORSHIP.—Not later than 90 days after the date on which an individual becomes a covered participant, the Secretary shall assign the covered participant a mentor who is an employee of the Department who is—
(2) ASSIGNMENTS.—At the election of a covered participant who has completed at least two years of service to the Department, the Secretary shall assign such covered participant to:
(d) Periodic reports.—
(1) REPORTS REQUIRED.—Not later than three years after the date on which the Secretary begins to carry out the program under this section, and not less frequently than once every three years thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives regarding such program.
SEC. 7. Increase in maximum number of judges appointed to United States Court of Appeals for Veterans Claims.
Section 7253(a) of title 38, United States Code, is amended by striking “seven” and inserting “nine”.
SEC. 8. Report on improving access to Board of Veterans' Appeals telehearings.
(a) In general.—Not later than 180 days after the date of the enactment of this Act, 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 improving access to hearings before the Board of Veterans’ Appeals held by picture and voice transmission.
(b) Contents.—The report required by subsection (a) shall include the following:
(1) Recommendations on the feasibility and advisability of reimbursing veterans for expenses incurred for travel from the home of a veteran to the location at which a hearing before the Board of Veterans’ Appeals is held by picture and voice transmission, if the Secretary determines that travel to such location is reasonably necessary for such a hearing.
Union Calendar No. 162 | |||||
| |||||
[Report No. 118–199] | |||||
A BILL | |||||
To amend title 38, United States Code, to improve the requirement to publish disability benefit questionnaire forms of Department of Veterans Affairs, and for other purposes. | |||||
September 14, 2023 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |