[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7919 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7919
To amend title 38, United States Code, to provide for certain revisions
to the manual of the Veterans Benefits Administration and to improve
the quality of the adjudication of claims for benefits under the laws
administered by the Secretary of Veterans Affairs, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2024
Mr. Luttrell (for himself, Ms. Stefanik, and Mr. Bilirakis) introduced
the following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide for certain revisions
to the manual of the Veterans Benefits Administration and to improve
the quality of the adjudication of claims for benefits under the laws
administered by the Secretary 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.
This Act may be cited as the ``Veterans Claims Quality Improvement
Act of 2024''.
SEC. 2. REVIEW OF CERTAIN REVISIONS TO MANUALS OF VETERANS BENEFITS
ADMINISTRATION REQUIRED; TRAINING PROGRAM FOR CERTAIN
EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 311 of title 38, United States Code, is
amended--
(1) by striking ``There is in the Department'' and
inserting ``(a) In General.--There is in the Department''; and
(2) by adding at the end the following new subsections:
``(b) Review of Revisions to Certain Manuals.--With respect to any
revisions to the manuals of the Veterans Benefits Administration for
the adjudication of a claim for benefits under the laws administered by
the Secretary that would have a material effect on such adjudication,
the General Counsel shall review such revision.
``(c) Program for Training.--The General Counsel shall develop and
carry out a program to provide employees of the Veterans Benefits
Administration who are responsible for drafting rules, guidance, or
other issuances of the Veterans Benefits Administration training on
such rules, guidance, or other issuances that--
``(1) would have a material effect on the adjudication of a
claim for benefits under the laws administered by the
Secretary; or
``(2) require review by the General Counsel.''.
(b) Study and Report on Certain OGC Opinions.--
(1) Study.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
consultation with the General Counsel of the Department of
Veterans Affairs and the Chairman of the Board of Veterans'
Appeals, shall complete a study to identify issues about which
an opinion from 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 Secretary.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the House of
Representatives a report that contains the findings of the
study required by paragraph (1).
SEC. 3. IMPROVEMENTS TO SYSTEM FOR ADJUDICATION OF CLAIMS FOR BENEFITS
UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.
(a) Program for Quality Assurance in Decisions of Board of
Veterans' Appeals; Performance Reviews.--
(1) In general.--Section 7101 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(f)(1) The Chairman shall carry out a program to ensure quality
in the decisions of the Board. Under such program, the Chairman shall--
``(A) develop policies and procedures for--
``(i) measuring quality in such decisions;
``(ii) maintaining data on--
``(I) errors in such decisions; and
``(II) errors in decisions remanded or
returned to the Board by the Court of Appeals
for Veterans Claims; and
``(iii) 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 regulation;
``(B) with respect to a claim for such a benefit that is
remanded to the Board by the Court of Appeals for Veterans
Claims--
``(i) inform any employee of the Board responsible
for drafting the decision of the Board with respect to
such claim that such decision was remanded;
``(ii) provide any such employee with a copy of the
relevant order of the Court of Appeals for Veterans
Claims (including a copy of any accompanying joint
motion for remand); and
``(iii) provide incentives to such employees to
review such relevant orders and joint motions for
remand; and
``(C) ensure, to the maximum extent practicable, 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 error.
``(2) 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 includes, with respect
to the period covered by the report, an identification of--
``(A) elements, if any of the process of the Board for
reviewing an appeal under this chapter that lead to errors in
decisions of the Board; and
``(B) 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 Claims.''.
(2) Deadline.--The Secretary shall submit the first report
required by paragraph (2) of such section (as added by
paragraph (1)) by not later than one year after the date of the
enactment of this Act.
(b) Training Program for Certain Employees of Board of Veterans'
Appeals; Performance Reviews.--
(1) Training program.--
(A) In general.--Chapter 71 of such title (as
amended by subsection (a)) is further amended by
inserting after section 7101A the following new
section:
``Sec. 7101B. Training program for Members of Board on timely and
correct adjudication of appeals
``(a) In General.--The Secretary, in conjunction with the Chairman
of the Board of Veterans' Appeals, shall develop and carry out a
program to provide Members of the Board training on timely and correct
adjudication of appeals under this chapter.
``(b) Required Considerations.--In carrying out the program
required by subsection (a), the Secretary shall consider the following:
``(1) Feedback, if any, from members of the Board and
covered employees with respect to such program.
``(2) Data on errors in decisions of the Board maintained
pursuant to the program for quality assurance required by
subsection (f) of section 7101 of this title.
``(3) 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 action,
including a joint motion to remand such claim.
``(c) 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 (a) that includes a
statement of the topics of training provided pursuant to this section,
disaggregated by--
``(1) mandatory training; and
``(2) non-mandatory training.
``(d) Covered Employee Defined.--In this section, the term `covered
employee' means an employee of the Board who is--
``(1) not a member of the Board; and
``(2) responsible for drafting decisions of the Board.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 7101A the following
new item:
``7101B. Training program for Members of Board on timely and
correct adjudication of appeals.''.
(2) Performance reviews of members of the board.--Section
7101A of such title (as amended by paragraph (1)) is amended--
(A) in subparagraph (B) of subsection (c)(1) by
striking ``not less often than once every three years''
and inserting ``not less often than annually''; and
(B) by adding at the end the following new
subsection:
``(h)(1) With respect to any performance review of a covered
employee, the Secretary may not consider the timeliness or quality of
work of any Member of the Board.
``(2) In this section, the term `covered employee' has the meaning
given such term in section 7101B of this title.''.
(c) Decisions of Board To Remand.--
(1) Information relating to decisions to remand.--Section
7104 of such title is amended in subsection (d)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respsectively; and
(B) by inserting before paragraph (2) (as so
redesignated), the following new paragraph:
``(1) with respect to a claim that the Board remands for
further action, a statement of the specific reasons such claim
was remanded, including any failure on the part of the
Secretary to comply with--
``(A) the Secretary's duty to assist under section
5103A of this title; and
``(B) the Secretary's duty to notify under section
5103 of this title.''.
(2) Notice of remanded decision for certain employees.--
Such section is further amended in--
(A) subsection (e)--
(i) by redesignating paragraphs (1) through
(3) as subparagraphs (A) through (C),
respectively;
(ii) by striking ``After'' and inserting
``(1) After''; and
(iii) by adding at the end the following
new paragraph:
``(2) If, pursuant to a decision on an appeal, the Board remands a
claim for a benefit under a law administered by the Secretary for
further action, the Secretary shall, to the maximum extent practicable,
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 remand, when applicable.''; and
(B) in subsection (f), by striking ``under
subsection (e)'' and inserting ``under paragraph (1) of
subsection (e)''.
(d) Annual Reports for Board of Veterans' Appeals.--
(1) In general.--Chapter 71 of such title 38, United States
Code, is amended by inserting after section 7113 the following
new section:
``Sec. 7114. Annual reports on Board of Veterans' Appeals
``(a) Report on Reasons for Remands.--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 includes, 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 report, a statement of the reasons for
such decision of the Board, disaggregated by decisions on--
``(1) claims with a relevant decision dated on or after
February 19, 2019; and
``(2) claims with a relevant decision dated before such
date.
``(b) Report on Unnecessary Remands.--The Secretary, in
consultation with the Chairman of the Board and the head of the Office
of Administrative Review of the Veterans Benefits Administration, shall
submit to Congress an annual report that includes a statement of the
number of decisions of the Board to remand a claim for a benefit under
a law administered by the Secretary to the Secretary for further action
that the Secretary determines were unnecessary during the period
covered by the report.''.
(2) Deadlines.--The Secretary shall submit the first
reports required by subsections (a) and (b) of section 7114 of
title 38, United States Code (as added by paragraph (1)) by not
later than one year after the date of the enactment of this
Act.
(e) Plan for Improvements to Quality in Decisions of Board.--
(1) In general.--Not later than six months after the date
of the enactment of this Act, the Secretary of Veterans
Affairs, in consultation with the Chairman of the Board of
Veterans' Appeals and the head of the Office of Administrative
Review of the Veterans Benefits Administration, shall develop a
plan to--
(A) improve the quality of decisions of the Board
to remand, pursuant to section 7104 of title 38, United
States Code, claims for a benefit under a law
administered by the Secretary to the Secretary for
further action; and
(B) mitigate the number of such decisions that are
unnecessary under any applicable law or regulation.
(2) 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 Act.
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