Loading bill…
Loading bill…
S. 4744 · Senate bill · 119th Congress
This bill addresses veterans’ benefits, health care, counseling, Department of Veterans Affairs (VA) personnel, VA infrastructure, and the Veterans Community Care Program (VCCP).
(a) Short title.— This Act may be cited as the “Take Care of America’s Veterans Act”.
(b) Table of contents.— The table of contents for this Act is as follows:
(a) Concurrent receipt generally.— Section 1414(b) of title 10, United States Code, is amended by striking paragraph (2) and inserting the following new paragraphs:
“(2) Combat-related disability retirees.—
(A) In general.— A member retired under chapter 61 of this title with a combat-related disability who is entitled for any month to retired pay under chapter 61 of this title and is also entitled for that month to veterans’ disability compensation under title 38, is entitled to be paid both without regard to sections 5304 and 5305 of title 38, as provided by subparagraphs (B) and (C).
(B) Career retirees.— In the case of a member retired under chapter 61 of this title who has a combat-related disability that is not a qualifying service-connected disability (as defined in subsection (a)(2)) and who, at the time of the member's retirement, had 20 years or more of service otherwise creditable under section 1405 of this title or at least 20 years of service computed under section 12732 of this title, the member may receive, without regard to sections 5304 and 5305 of title 38, both—
(i) the amount of retired pay to which the member would have been entitled under any other provision of law based on the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title; and
(ii) veterans’ disability compensation under title 38.
(C) Disability retirees with less than 20 years of service.— In the case of a member retired under chapter 61 of this title with a combat-related disability and who, at the time of the member's retirement, had less than 20 years of service otherwise creditable under section 1405 of this title or less than 20 years of service computed under section 12732 of this title, the member may receive, without regard to sections 5304 and 5305 of title 38, the lesser of—
(i) both—
(I) the retired pay for which the member is eligible under chapter 61 of this title; and
(II) veterans’ disability compensation under title 38; or
(ii) both—
(I) an amount equal to the product of the retired pay base computed under section 1406(b) or 1407 of this title and the retired pay multiplier determined under section 1409 of this title, as such base pay and multiplier would be computed if the member had 20 years of service creditable under section 1405 of this title; and
(II) veterans’ disability compensation under title 38.
(D) Combat-related disability defined.— In this paragraph, the term combat-related disability has the meaning given that term in subsection (e) of section 1413a of this title and as determined under the criteria and procedures used for purposes of such section.
(3) Exclusion of other retirees.— Subsection (a) does not apply to a member retired under chapter 61 of this title if the member is not covered by paragraph (1) or (2).”.
(b) Technical and conforming amendments.—
(1) Coordination with combat-related special compensation program.— Section 1414(d) of title 10, United States Code, is amended by striking “qualified retiree under this section” and inserting “qualified retiree under subsection (a) or is entitled to a payment under subsection (b)(2)”.
(2) Amendments reflecting end of concurrent receipt phase-in period.— Section 1414 of title 10, United States Code, is further amended—
(A) in subsection (a)(1)—
(i) by striking the second sentence; and
(ii) by striking subparagraphs (A) and (B);
(B) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and
(C) in subsection (d), as redesignated, by striking paragraphs (3) and (4).
(3) Section heading.— The heading of section 1414 of such title is amended to read as follows:
“1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt.— ”.
(4) Conforming amendment.— Section 1413a(f) of such title is amended by striking “Subsection (d)” and inserting “Subsection (c)”.
(c) Effective date.— The amendments made by this section shall take effect on January 1, 2027, and shall apply to payments for months beginning on or after that date.
(a) Modification of entitlement to veterans dependency and indemnity compensation for surviving spouses who remarry.— Section 103(d) of title 38, United States Code, is amended—
(1) in paragraph (2)(B)—
(A) by inserting “(i)” before “The remarriage”;
(B) in clause (i), as designated by subparagraph (A), by striking “Notwithstanding the previous sentence” and inserting the following:
“(ii) Notwithstanding clause (i)”; and
(C) by adding at the end the following new clause:
“(iii) Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 or 1562 of this title to the surviving spouse of a veteran.”; and
(2) in paragraph (5)—
(A) by striking subparagraph (A); and
(B) by renumbering subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively.
(b) Continued eligibility for survivor benefit plan for certain surviving spouses who remarry.— Section 1450(b)(2) of title 10, United States Code, is amended—
(1) by striking “An annuity” and inserting the following:
“(A) In general.— (A) Subject to subparagraph (B), an annuity”; and
(2) by adding at the end the following new subparagraph:
“(B) Treatment of survivors of members who die on active duty.— The Secretary may not terminate payment of an annuity for a surviving spouse described in subparagraph (A) or (B) of section 1448(d)(1) solely because that surviving spouse remarries. In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of Take Care of America’s Veterans Act, the Secretary shall resume payment of the annuity to that surviving spouse—
(i) except as provided by clause (ii), for each month that begins on or after the date that is one year after such date of enactment; or
(ii) on the first day of the first month beginning after such date of enactment, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019.”.
(c) Expansion of definition of dependent under TRICARE program to include a remarried widow or widower whose subsequent marriage has ended.— Section 1072(2) of title 10, United States Code, is amended—
(1) in subparagraph (H), by striking “; and” and inserting a semicolon;
(2) in subparagraph (I)(v), by striking the period at the end and inserting “; and”; and
(3) by adding at the end the following new subparagraph:
“(J) a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment.”.
(a) Extension.— Section 1311(a)(2) of title 38, United States Code, is amended—
(1) by inserting “(A)” before “The rate”; and
(2) by adding at the end the following new subparagraph:
“(B) A veteran whom the Secretary determines died from amyotrophic lateral sclerosis shall be treated as a veteran described in subparagraph (A) without regard for how long the veteran had such disease prior to death.”.
(b) Applicability.— Subparagraph (B) of section 1311(a)(2) of title 38, United States Code, as added by subsection (a), shall apply to a veteran who dies from amyotrophic lateral sclerosis on or after October 1, 2022.
(a) Increase in rates of certain disability compensation and dependency and indemnity compensation under laws administered by Secretary of Veterans Affairs.—
(1) Increase to rates of wartime disability compensation.—
(A) In general.— Section 1114 of title 38, United States Code, is amended by adding at the end the following new subsection:
“(u) In the case of a veteran eligible for a monthly aid and attendance allowance under subsection (r) or subsection (t) of this section, the Secretary shall, in addition to the total amount of compensation for which the veteran is eligible under this section, pay the veteran a supplemental monthly allowance at the rate of $833.33.”.
(B) Effective date; applicability.— Subsection (u) of such section (as added by subparagraph (A)) shall take effect on December 1, 2026, and shall apply to months beginning on or after such date.
(2) Increase to rates of dependency and indemnity compensation.— Section 5312 of such title is amended by adding at the end the following new subsection:
“(d)
(1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary shall, except as provided in paragraph (2), effective on the date of such increase in benefit amounts, increase the dollar amounts in effect for the payment of dependency and indemnity compensation by the Secretary under paragraph (1) and paragraph (3) of section 1311(a) of this title, as such amounts were in effect immediately before the date of such increase in benefit amounts payable under title II of the Social Security Act, by a percentage equal to the sum of—
(A) the percentage by which such benefit amounts are increased; and
(B) one percent.
(2) Whenever there is an increase under paragraph (1) in amounts in effect for the payment of dependency and indemnity compensation, the Secretary shall publish such amounts, as increased pursuant to such paragraph, in the Federal Register at the same time as the material required by section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) is published by reason of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).
(3) The requirement to increase, pursuant to paragraph (1), the amounts in effect for the payment of dependency and indemnity compensation under paragraph (1) and paragraph (3) of section 1311 (a) of this title by the Secretary shall—
(A) take effect on December 1, 2026, and shall apply with respect to months beginning on or after such date; and
(B) terminate after the date on which the third increase to such amounts pursuant to such paragraph occurs.”.
(b) Modification of waivers of fees collected for housing loans guaranteed, insured, or made by the Secretary of Veterans Affairs.— Section 3729(b)(2) of such title is amended, in the loan fee table—
(1) in subparagraph (E), by striking “0.50” both places it appears and inserting “1.42”; and
(2) in subparagraph (I), by striking “0.50” each place it appears and inserting “1.0”.
(c) Home affordability for Guard and Reserve.—
(1) Eligibility of certain members of the reserve components and the National Guard for guaranteed housing loans.—
(A) Expanded definition of “active duty” for purposes of housing loans.— Section 3701(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:
“(9) The term “active duty” has the meanings as follows:
(A) In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A).
(B) In the case of members of the reserve components of the Armed Forces—
(i) service on active duty (as defined in section 101(d) of title 10), inactive-duty training (as defined in section 101(d) of title 10), or annual training duty; or
(ii) service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 713 of title 14, but not including inactive duty training (as defined in section 101(d) of title 10) or annual training duty.
(C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service—
(i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard;
(ii) in the National Guard when performing full-time National Guard duty (as defined in section 101 of title 32); or
(iii) in the National Guard when performing active duty (as defined in section 101 of title 32).”.
(B) Retroactive applicability to service performed.— The amendments made by this subsection shall apply with respect to any service performed on or after September 11, 2001.
(2) Expansion of eligibility for guaranteed housing loans to certain additional personnel upon payment of additional loan fee.—
(A) Expansion to individuals with at least 14 days of service.— Section 3701(b) of title 38, United States Code, is amended by inserting after paragraph (7) the following new paragraph:
“(8) The term “veteran” also includes, for purposes of home loans (subject to the additional loan fee in section 3729(b)(4)(J) of this title), an individual who—
(A) is not otherwise eligible for the benefits of this chapter;
(B) has completed a total service of at least 14 days on active duty under paragraph (B) or (C) of paragraph (9); and
(C) following completion of such service, continued to serve until the completion of entry level and skill training (as defined in section 3301(3) of this title).”.
(B) Basic entitlement.— Section 3702(a)(2) of title 38, United States Code, is amended by adding at the end the following:
“(H) Each individual described in section 3701(b)(8) of this title.”.
(C) Additional loan fee for such individuals.— Section 3729(b)(4) of title 38, United States Code, is amended by adding at the end the following new subparagraph:
“(J) In the case of a housing loan in which the veteran has eligibility under section 3701(b)(8) of this title and does not otherwise have eligibility, the loan fee table in paragraph (2) shall be applied to the veteran or other obligor (as applicable) by adding 1.00 to the percentage in the table.”.
(D) Notification to personnel.— The Secretary of Veterans Affairs shall provide information about this benefit to the Secretary of Defense to ensure that each member of a reserve component or a member of the Army National Guard of the United States or Air National Guard of the United States who completes entry level and skill training (as defined in section 3301(3) of title 38, United States Code) after the date of the enactment of this Act is notified of their eligibility for housing loan benefits under chapter 37 of such title, including eligibility (subject to the additional loan fee) under section 3701(b)(8) of such title.
(a) Prohibition on denial of claims for benefits under laws administered by Secretary of Veterans Affairs on sole basis that veteran failed to appear for certain medical examination.— Subsection (d) of section 5103A of title 38, United States Code, is amended—
(1) in the heading, by striking “compensation claims” and inserting “claims for benefits”;
(2) in paragraph (2), by striking “treat an examination or opinion as being necessary to make a decision on a claim for purposes of ” and inserting “provide for a medical examination or obtain a medical opinion under”; and
(3) by adding at the end the following new paragraph:
“(3) If a veteran fails to appear for a medical examination provided by the Secretary in conjunction with a claim for a benefit under a law administered by the Secretary, the Secretary may not deny such claim on the sole basis that such veteran failed to appear for such medical examination.”.
(b) Improvements to efficiency of adjudications and appeals of claims for benefits under laws administered by Secretary of Veterans Affairs.—
(1) Annual report on length of adjudications.—
(A) In general.— Section 5109B of title 38, United States Code, is amended—
(i) by striking “The Secretary” and inserting “(a) In general.—The Secretary”; and
(ii) by adding at the end the following new subsection:
“(b) Annual report.— The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes, with respect to the period covered by the report—
(1) the average length of time a claim (or an issue within a claim) that was remanded by the Board of Veterans’ Appeals was or has been pending before the Secretary after such remand;
(2) the number of cases that advanced on the docket by reason of a motion that was filed under section 7107(b) of this title and on which the Board ruled, disaggregated by—
(A) whether a motion was granted or denied; and
(B) the reason provided for the motion; and
(3) the number of appeals dismissed by the Board, disaggregated by—
(A) whether or not the dismissal was by reason of the death of the appellant; and
(B) in the case of a dismissal by reason of the death of the appellant, whether or not such death was a result of suicide.”.
(B) Deadline.— The Secretary of Veterans Affairs shall submit the first report required by subsection (b) of section 5109B of such title (as added by subparagraph (A)) by not later than one year after the date of the enactment of this Act.
(2) Guidelines for advancement of cases on docket of Board.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Board of Veterans’ Appeals and the General Counsel of the Department of Veterans Affairs, shall prescribe guidelines for the advancement of a case on the docket of the Board on a motion for earlier consideration and determination under section 7107(b)(3) of title 38, United States Code. Such guidelines shall include the type of evidence that may be submitted with the motion for the advancement of the case to show grounds for such a motion.
(3) Requirement To track certain claims for benefits.—
(A) In general.— Chapter 51 of title 38, United States Code, is amended by inserting after section 5109B the following new section:
“5109C. Requirement to track and maintain information on certain claims for benefits; notice of certain assignments.—
(a) In general.— The Secretary shall use technology to track and maintain information (including information with respect to timeliness) on—
(1) claims for benefits under the laws administered by the Secretary (including issues within such claims) that are—
(A) continuously pursued in accordance with—
(i) sections 5104C(a) and 5110(a)(2) of this title; or
(ii) any other policy established by the Secretary;
(B) filed in the National Work Queue (or any successor system) but have not been assigned to an office of the Veterans Benefits Administration for adjudication;
(C) afforded expeditious treatment by the Veterans Benefits Administration pursuant to section 5109B of this title or any other policy established by the Secretary;
(D) remanded by the Board of Veterans’ Appeals to the Secretary pursuant to section 7104 of this title; or
(E) pending a hearing by the Board of Veterans’ Appeals under section 7107 of this title;
(2) instances in which an adjudicator of the Veterans Benefits Administration does not comply with a relevant decision of the Board of Veterans’ Appeals to remand a claim for benefits under the laws administered by the Secretary (or an issue within such a claim), including any such instance in which the relevant decision concerned a failure on the part of the agency of original jurisdiction to satisfy the duty of the Secretary to assist under section 5103A of this title;
(3) supplemental claims under section 5108 of this title that are filed—
(A) in accordance with section 5104C(a) and section 5110(a)(2) of this title; and
(B) after the date of the applicable final decision of the Secretary with respect to a claim for benefits under the laws administered by the Secretary (or an issue within such a claim); and
(4) first notices submitted to the Secretary of the death of individuals in receipt of benefits under the laws administered by the Secretary, disaggregated by such individuals who were—
(A) assigned a fiduciary; and
(B) not assigned a fiduciary.
(b) Annual report.—
(1) The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes all information maintained and tracked pursuant to subsection (a).
(2) The first report required by paragraph (1) shall be submitted by not later than one year after the date of the enactment of the Take Care of America’s Veterans Act.”.
(B) Clerical amendment.— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5109B the following new item:
(4) Improvements to Board of Veterans’ Appeals.—
(A) Authority to aggregate certain claims.—
(i) In general.— Section 7104(a) of such title is amended by inserting after the second sentence the following new sentence: “If the Chairman of the Board determines that more than one appeal involves common questions of law or fact, the Chairman may aggregate such appeals to decide such questions of law or fact.”.
(ii) Effective date.— The amendment made by clause (i) shall take effect on the date of the enactment of this Act and apply beginning on the date 90 days after the date on which the Secretary of Veterans Affairs submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives a copy of the policies and procedures required under paragraph (7)(D)(i)(II).
(iii) Sunset.— The authority to aggregate appeals pursuant to clause (i) shall expire on the date that is three years after the date on which the Secretary of Veterans Affairs completes the development of the policies and procedures required under paragraph (7)(D)(i)(II).
(B) Requirement to ensure substantial compliance with certain decisions.— Such section is further amended—
(i) by redesignating subsection (f) as subsection (g); and
(ii) by inserting after subsection (e) the following new subsection (f):
“(f)
(1) The Secretary, acting through a member of the Board, shall ensure substantial compliance with any decision of the Board to remand a claim.
(2) The agency of original adjudication may waive the requirement under paragraph (1) with respect to a decision of the Board to remand a claim to the Secretary, if a member of the Board determines—
(A) evidence added to the evidentiary record after the date of such decision is sufficient to resolve the issues underlying such decision; or
(B) such decision was unnecessary.
(3) If the Secretary waives such requirement, the applicable member of the Board shall include, pursuant to subsection (d), a determination of such waiver in the decision of the Board.”.
(C) Definition of aggregate; report.— Such section is further amended by adding at the end the following new subsections:
“(h) Not later than three years after the date on which the Secretary of Veterans Affairs completes the development of the policies and procedures required under paragraph (7)(D)(i)(II), and every five years thereafter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the aggregation of claims by the Board under subsection (a). Each such report shall include—
(1) an identification of each instance in which the Board aggregated appeals during the period covered by the report, including, for each such instance, the number of appeals that were aggregated;
(2) an assessment of whether the aggregation of appeals has contributed to improved efficiency at the Board with issuing decisions on appeals; and
(3) such other matters as the Secretary determines appropriate.
(i) In this section, the term “aggregate”—
(1) means any practice or procedure to collect common issues, claims, or appeals by multiple parties for the purposes of resolving such issues, claims, or appeals; and
(2) includes the use of joinder, consolidation, intervention, class actions, and any other multiparty proceedings.”.
(5) Expansion of jurisdiction of Court of Appeals for Veterans Claims.— Section 7252 of title 38, United States Code, is amended—
(A) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and
(B) by inserting after subsection (a) the following new subsections:
“(b)
(1) In an appeal over which the Court has jurisdiction pursuant to section 7266 of this title, if the appellant files a request for class certification pursuant to the rules prescribed by the Court pursuant to section 7264 of this title, the Court shall have supplemental jurisdiction over any claim for benefits under the laws administered by the Secretary—
(A) filed by a claimant who satisfies the definition of the class contained in such request (including a claimant who has filed a claim for benefits under such laws that are specified in such request); and
(B) regarding which—
(i) the agency of original jurisdiction has issued a nonfinal decision; and
(ii) the claimant has filed a notice of disagreement under section 5104C(a) or section 7105 of this title, including any case in which a claimant has filed a supplemental claim within one year of a Board decision under section 5110(a)(2)(D) and 5108 of this title following a notice of disagreement and decision of the Board.
(2) A claimant may submit a request for administrative review of such a claim under section 5104C(a) of this title during the period beginning on the date on which the named claimant of the motion for class action review submits to the Court a motion for class action review and ending on the date that is 60 days after the later of the following dates:
(A) The date on which the Court issues a final decision with respect to such claim.
(B) The date on which the Court issues a final decision with respect to such motion for class action review.
(3) In the case of a claimant whose claim is decided by the Board during the period when the Court is reviewing the motion for class action review the deadline for such claimant to file an appeal to the Court with respect to the decision of the Board shall be tolled if the Court denies the motion for class action review.
(c)
(1) In the case of a claim for benefits under the laws administered by the Secretary, the Court may remand a matter to the Board of Veterans’ Appeals for the limited purpose of ordering the Board to address a question of law or fact if the Court determines the Board failed to—
(A) address, in the relevant decision of the Board, an issue that—
(i) the claimant or the representative of the claimant raised; or
(ii) was reasonably raised by the evidentiary record of the claim; or
(B) provide adequate reasons or bases for the decision of the Board with respect to such question.
(2) The Court shall issue Rules that provide for each of the following:
(A) When and how a party to an appeal (either the appellant or the Secretary) may request that the Court issue a limited remand.
(B) The period of time within which the Board is required to issue a decision on the relevant question identified in a limited remand.
(C) Guidelines for when the Court may grant a request for a limited remand.
(D) Guidelines for when the Court may decide sua sponte to issue a limited remand without a request from any party.
(E) A requirement that the parties to an appeal for which a limited remand is issued provide notice to the Court when the Board issues its decision on the relevant question identified in the limited remand.
(3) With respect to any matter remanded to the Board pursuant to paragraph (1), the Court shall—
(A) retain jurisdiction over such matter; and
(B) stay the proceedings of the Court on such matter until the date on which the Board issues the decision required by such remand.”.
(6) Study and report on common questions of law or fact before Board of Veterans’ Appeals.—
(A) Study.— The Chairman of the Board of Veterans’ Appeals shall carry out a study to identify questions of law or fact the Board commonly considers when reviewing appeals pursuant to section 7104 of title 38, United States Code, for which precedential guidance would assist the Board in issuing final decisions on such appeals. The Chairman may use artificial intelligence and other technology in carrying out such study.
(B) Report.— Not later than one year after the date of the enactment of this Act, the Chairman of the Board of Veterans Appeals shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report that includes the findings of the study required by subparagraph (A).
(7) Independent assessment of potential modifications to authority of Board of Veterans’ Appeals.—
(A) Agreement.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with an FFRDC under which the FFRDC shall conduct an assessment of the feasibility of modifying the authority of the Board of Veterans’ Appeals established under chapter 71 of title 38, United States Code, to permit the Board to issue precedential decisions with respect to questions of law or fact arising in matters before the Board.
(B) Report; briefings.— If the Secretary fails to finalize an agreement with an FFRDC under subparagraph (A) before the date that is 180 days after the date on which the Secretary enters negotiations with respect to such agreement, the Secretary shall—
(i) submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that includes—
(I) an explanation of the reasons the Secretary failed to satisfy such requirement; and
(II) an estimate of the date on which the Secretary will finalize the agreement under subparagraph (A); and
(ii) not less frequently than once every 60 days after the date on which the Secretary failed to satisfy such requirement, provide to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a briefing on the progress of the Secretary toward finalizing such agreement.
(C) Assessment.— An FFRDC that enters into an agreement under subparagraph (A) shall, in consultation with veterans service organizations, veterans’ and survivors’ advocate groups, relevant legal experts, and the Chair of the Administrative Conference of the United States (or the designee or designees of such Chair) submit to the Secretary a written assessment that includes the following:
(i) The determination of the FFRDC of whether modifying the authority of the Board to permit the Board to issue precedential decisions with respect to questions of law or fact arising in matters before the Board is feasible.
(ii) An assessment of the authority of the Board of Veterans’ Appeals to aggregate, for review, more than one appeal under chapter 71 of such title that involves common questions of law or fact pursuant to section 7104 of such title, as amended by paragraph (4)(A).
(iii)
(I) The recommendations of the FFRDC with respect to rules or principles to which the Board should adhere when aggregating appeals for review pursuant to section 7104(a) of title 38, United States Code, as so amended, including—
(aa) whether the use of an opt-out system is appropriate in a class certification described in section 7104(a) of title 38, United States Code, as amended;
(bb) whether aggregation described in clause (ii) is better carried out by one member, or a panel of members, of the Board;
(cc) whether such aggregation may be accomplished in accordance with section 7107 of title 38, United States Code; and
(dd) how an accredited representative, attorney, or authorized agent may be selected to represent a class before the Board.
(II) The recommendations shall include, but not be limited to, the following:
(aa) How the Board should provide notice to claimants of the Board’s intent to aggregate their claim.
(bb) This shall include standards for ensuring that information provided to claimants regarding aggregation is written in plain language and clearly explains the potential effects of aggregation on adjudication timelines, appeal rights, and participation options.
(cc) The options the Board should provide to claimants to opt out of participation in aggregation of their claim.
(dd) The rights of the claimants to appeal decisions that arise out of aggregation of claims, and whether or not such rights may be limited by existing statute, regulation, or judicial decisions.
(ee) Safeguards to ensure that aggregation of appeals does not diminish the requirement that each appeal be decided based on the individual facts, evidence, and circumstances specific to the claimant.
(ff) Recommendations regarding quality review procedures and oversight mechanisms to monitor the impact of aggregation on claim accuracy, consistency, timeliness, and claimant outcomes.
(D) Report; implementation.—
(i) In general.— Not later than 90 days after the Secretary receives the assessment under subparagraph (C), the Secretary shall—
(I) submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a copy of such assessment; and
(II) begin developing policies and procedures to implement the recommendations in the assessment with respect to the authority of the Board of Veterans’ Appeals referred to in subparagraph (C).
(ii) Deadline.— The Secretary shall complete the development of the policies and procedures required under clause (i)(II) and submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a copy of such policies and procedures not later than six months after the date on which the Secretary begins developing such policies and procedures.
(E) Definitions.— In this paragraph:
(i) The term “FFRDC” means a federally funded research and development center.
(ii) The term “veterans service organization” means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.
(c) Improvements to system for adjudication of claims for benefits under laws administered by Secretary of Veterans Affairs.—
(1) Program for quality assurance in decisions of Board of Veterans’ Appeals; performance reviews.—
(A) 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 and identifying trends with respect to—
(I) errors in such decisions;
(II) errors in decisions remanded or returned to the Board by the Court of Appeals for Veterans Claims; and
(III) specific members of the Board that issued decisions that were subsequently vacated 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) In developing policies and procedures to measure quality in decisions of the Board pursuant to clause (i) of subparagraph (A) of paragraph (1), the Chairman shall consider the data and trends maintained and identified pursuant to clause (ii) of such subparagraph.
(3) The Chairman may use technology, including artificial intelligence, to maintain such data and identify such trends.
(4) 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.”.
(B) Deadline.— The Secretary shall submit the first report required by paragraph (2) of such section (as added by subparagraph (A)) by not later than one year after the date of the enactment of this Act.
(2) Training program for certain employees of Board of Veterans’ Appeals; performance reviews.—
(A) Training program.—
(i) In general.— Chapter 71 of such title (as amended by paragraph (1)) is further amended by inserting after section 7101A the following new section:
“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) Assessments of effectiveness.— The Secretary, in conjunction with the Chairman of the Board of Veterans’ Appeals, shall develop a method to assess, on an annual basis, the effectiveness of the training program under this section. In developing such method, the Secretary shall consider best practices for assessing the effectiveness of training programs, including the Kirkpatrick evaluation model.
(d) 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, with respect to the period covered by the report—
(1) a statement of the topics of the training provided pursuant to this section, disaggregated by—
(A) mandatory training; and
(B) non-mandatory training; and
(2) the results of the assessment of the effectiveness of such program required under subsection (c).
(e) 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.”.
(ii) 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:
(B) Performance reviews of members of the Board.— Section 7101A of such title is amended—
(i) 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
(ii) 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 subsection, the term “covered employee” has the meaning given such term in section 7101B of this title.”.
(3) Decisions of Board to remand.—
(A) Information relating to decisions to remand.— Section 7104 of such title is amended in subsection (d)—
(i) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and
(ii) 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;”.
(B) Notice of remanded decision for certain employees.— Such section is further amended in—
(i) 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
(ii) in subsection (g), as redesignated by section 3(d)(2)(A), by striking “under subsection (e)” and inserting “under paragraph (1) of subsection (e)”.
(4) Annual reports for Board of Veterans’ Appeals.—
(A) In general.— Chapter 71 of title 38, United States Code, is amended by inserting after section 7114 the following new section:
“7115. Annual report on Board of Veterans’ Appeals.— 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 rating decision dated on or after February 19, 2019; and
(2) claims with a rating decision dated before such date.”.
(B) Deadlines.— The Secretary shall submit the first reports required by subsections (a) and (b) of section 7115 of such title (as added by paragraph (1)) by not later than one year after the date of the enactment of this Act.
(C) Clerical amendment.— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7114 the following new item:
(5) Plan for improvements to quality in decisions of Board.—
(A) 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—
(i) 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
(ii) mitigate the number of such decisions that are unnecessary under any applicable law or regulation.
(B) 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.
(d) Notice of avoidable deferrals of claims for benefits under laws administered by the Secretary of Veterans Affairs; study and report on certain opinions of Department of Veterans Affairs Office of General Counsel.—
(1) Notice of avoidable deferrals.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop policies, procedures, and technological capabilities to ensure that each employee of the Veterans Benefits Administration that commits an avoidable deferral with respect to a claim for benefits under the laws administered by the Secretary of Veterans Affairs in the National Work Queue is notified of any avoidable deferrals that such employee commits with respect to the same claim.
(2) Study and report on certain OGC opinions.—
(A) Study.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Office of the General Counsel of the Department of Veterans Affairs and the Chairman of the Board of Veterans’ Appeals, shall complete a study to identify—
(i) issues about which an opinion from the Office of 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; and
(ii) issues raised in appeals of such decisions to the United States Court of Appeals for Veterans Claims before the date of the enactment of this Act about which the Office of the General Counsel has had inconsistent opinions in matters involving substantially similar questions of law or fact.
(B) 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 Senate and House of Representatives a report that includes—
(i) the findings of the study required by subparagraph (A);
(ii) a statement of which issues identified pursuant to such study about which the Office of the General Counsel of the Department intends to publish an opinion; and
(iii) a timeline for the publication of any such opinion.
(a) In general.— Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section:
“534. Annual report on causes of death among veterans.—
(a) In general.— The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that contains data and information on causes of death among veterans.
(b) Elements.— Such report shall include—
(1) for each veteran that died during the period covered by the report an identification of—
(A) whether such veteran had a service-connected disability rated as total;
(B) the primary cause of death;
(C) the secondary cause of death, if applicable; and
(D) the manner of death;
(2) for each primary cause of death identified pursuant to paragraph (1), a statement of the total number of veterans that died from such primary cause of death during the period covered by the report; and
(3) for each manner of death identified pursuant to paragraph (1), a statement of the total number of veterans that died in such manner during the period covered by the report.
(c) Sunset.— This section shall terminate on the date that is five years after the date of the enactment of the Take Care of America’s Veterans Act.”.
(b) Clerical amendment.— The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 533 the following new item:
(a) In general.— 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 Senate and House of Representatives the plan of the Secretary to make available, to the maximum extent practicable, an automation tool described in subsection (b) to elements of the Department of Veterans Affairs for the purpose of processing claims under laws administered by the Secretary.
(b) Automation tool described.— An automation tool described in this subsection is a technology developed for the Compensation Service of the Veterans Benefits Administration that—
(1) automates the retrieval of the service record or health records of a veteran;
(2) compiles evidence relevant to the determination of a claim for benefits under laws administered by the Secretary;
(3) provides automated decision support relevant to such a determination;
(4) automates information sharing between Federal agencies; and
(5) assists in generating correspondence regarding such a claim.
(c) Analysis.— In developing the plan required under subsection (a), the Secretary shall conduct an analysis of each of the following:
(1) The feasibility and benefits of the use of an automation tool described in subsection (b) by elements of the Department for the purpose of processing claims under laws administered by the Secretary.
(2) Any modification to an existing automation tool that could render such tool usable for such purpose by such an element.
(3) Any requirement of any such element pertaining to such purpose that cannot be addressed by using an automation tool.
(4) The extent to which the technology offices of such elements may need to collaborate with the technology office responsible for developing an automation tool in the course of the development and use of the tool by the element for such purpose.
(5) A timeline for modifying and implementing any automation tool for use by such elements for such purpose.
(d) Priority.— In providing or expanding an automation tool described in subsection (b) to elements of the Department pursuant to the plan required under subsection (a), the Secretary shall give priority to the following elements:
(1) The Compensation Service.
(2) The Pension and Fiduciary Service of the Veterans Benefits Administration.
(3) The Education Service of the Veterans Benefits Administration.
(4) Program offices of the Veterans Benefits Administration, as determined by the Secretary.
(5) The Debt Management Center.
(6) The Board of Veterans’ Appeals.
(e) Other requirements relating to technology at Department of Veterans Affairs.—
(1) Automatic notices regarding benefits for certain children of veterans.—
(A) In general.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement policies, processes, and technological capabilities, including in the National Work Queue (or successor system), to ensure that, in the case of any covered situation, a claims processors is made aware of, and assigned to address, such covered situation.
(B) Definitions.— In this subsection:
(i) The term “covered situation” means—
(I) any increase in the amount of dependency compensation paid to a beneficiary for a child under the laws administered by the Secretary; and
(II) any educational assistance paid to the child of a veteran under the laws administered by the Secretary.
(ii) The term “child” has the meaning given such term in section 101(4)(A)(iii) of title 38, United States Code.
(2) Correct labeling of documents.— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a plan to ensure that documents in the Veterans Benefits Management System (or any successor system) are correctly labeled when such documents are uploaded, including when such documents are labeled using automation tools.
(a) Ratings for sleep apnea.—
(1) In general.— The Secretary of Veterans Affairs shall revise the schedule for rating disabilities adopted and applied under section 1155 of title 38, United States Code, as follows:
(A) A grade of disability of 0 percent shall be assigned for sleep apnea syndrome when the syndrome is asymptomatic, with or without treatment.
(B) A grade of disability of 10 percent shall be assigned for sleep apnea syndrome when treatment yields incomplete relief.
(C) A grade of disability of 50 percent shall be assigned for sleep apnea syndrome only if—
(i) treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid conditions; and
(ii) there is no end-organ damage.
(D) A grade of disability of 100 percent shall be assigned for sleep apnea syndrome only if there is also end-organ damage.
(2) Qualifying comorbid conditions.— For purposes of paragraph (1)(C)(i), a comorbid condition is a condition that, in the opinion of a qualified medical provider, directly impedes or prevents the use of, or implementation of, a recognized form of treatment intervention normally shown to be effective.
(b) Ratings for tinnitus.— The Secretary of Veterans Affairs shall revise the schedule for rating disabilities adopted and applied under section 1155 of title 38, United States Code, as follows:
(1) Except as provided in paragraph (2), tinnitus may not be assigned a separate compensable disability rating.
(2) A grade of disability of 10 percent shall be assigned for tinnitus only when tinnitus is diagnosed as associated with service-connected (as defined in section 101(16) of title 38, United States Code) hearing loss that is otherwise noncompensable under the laws administered by the Secretary.
(c) Applicability.—
(1) In general.— The revisions to the schedule for rating disabilities adopted and applied under section 1155 of title 38, United States Code, made pursuant to this section shall apply with respect to claims filed after the date of the enactment of this Act.
(2) Protection of existing ratings.— The revisions to the schedule for rating disabilities made pursuant to this section may not serve as the basis for reducing, discontinuing, or otherwise adversely affecting compensation that was in effect on the day before the date of the enactment of this Act.
(a) Expansion.— Section 504 of the Veterans’ Benefits Improvements Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note), as amended by paragraph (1) of subsection (a) of section 2002 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 38 U.S.C. 5101 note), is further amended, subject to the sunset in paragraph (4) of such subsection, by striking paragraph (2) of subsection (c) and inserting the following:
“(2) Health care professional described.— A health care professional described in this paragraph is a person who is eligible for appointment to a position in the Veterans Health Administration covered by section 7402(b) of title 38, United States Code, who—
(A) has a current and unrestricted license to practice the health care profession for which they are licensed;
(B) is not barred from practicing such health care profession in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and
(C) is performing authorized duties for the Department pursuant to a contract entered into under subsection (a).
(3) Source of funds.— Expenses of carrying out this section, including payments for examination travel and incidental expenses under the terms and conditions set forth by section 111 of this title, shall be reimbursed to the accounts available for the general operating expenses of the Veterans Benefits Administration and information technology systems from amounts available to the Secretary for payment of compensation and pensions.
(4) Mechanism for transmittal of evidence introduced by applicants during examinations.— The Secretary shall establish a mechanism whereby a health care professional who conducts medical examinations or opinions under section 5103A(d) of this title may transmit to a veteran’s claims file, evidence introduced by the applicant during a medical examination or in conjunction with a medical opinion that examiner used to inform such medical examination or opinion.”.
(b) Delayed sunset of amendment.— Paragraph (4) of subsection (a) of section 2002 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 38 U.S.C. 5101 note) is amended by striking “On the date that is five years after the date of the enactment of this Act” and inserting “On September 30, 2033”.
(c) Conforming amendment.— Paragraph (2) of such subsection is amended by striking “physicians assistants, nurse practitioners, audiologists, and psychologists” and inserting “health care professionals”.
(d) Report.— Not later than 15 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding the use of the authority under section 504 of the Veterans’ Benefits Improvements Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note), as temporarily amended by section 2002(a)(1) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 38 U.S.C. 5101 note) and this section. Such report shall include, with respect to the one-year period after the date of the enactment of this Act, the following elements:
(1) The number of examinations conducted pursuant to a contract under such authority.
(2) The cost, timeliness, and legal adequacy of such examinations, disaggregated by—
(A) health care professional; and
(B) contract.
(3) The number of such examinations conducted in each State, the District of Columbia, or a Commonwealth, territory, or possession of the United States.
(4) The numbers of each kind of health care professionals who conducted such examinations.
(5) The number of examinations that were erroneously conducted by a health care professional—
(A) without such a contract; or
(B) unauthorized to enter into such a contract.
(6) The plan of the Secretary to correct errors in the use of such authority.
(a) Study on improvements to Department of Veterans Affairs covered medical disability examinations in rural areas.—
(1) Study required.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a study on access by veterans who reside in rural and highly rural areas to covered medical disability examinations.
(2) Elements.—
(A) In general.— The study conducted under paragraph (1) shall include the following:
(i) A comparison of the average number of days to complete covered medical disability examinations, disaggregated by type of examination, for veterans who reside in rural and highly rural areas compared to an average time for veterans who reside in other areas to complete a covered medical disability examination, by either contractors or employees of the Department.
(ii) A root cause analysis of differences identified pursuant to clause (i).
(iii) The plan of the Secretary for the following year to improve access described in paragraph (1), which shall include a plan for the pursuit of a commercial or industry-standard solution or technology that could enable housebound veterans or veterans who live in rural areas to receive examinations without traveling long distances.
(B) Number of days to complete defined.— For purposes of subparagraph (A)(i), the term “number of days to complete” means the number of days in the period—
(i) beginning on the date on which a contractor or employee of the Department received a request from the Secretary to conduct a covered medical disability examination; and
(ii) ending on the date on which the examination was completed.
(3) Report on study.— Not later than one year after the date of the enactment of this Act, the Secretary 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 the findings of the Secretary with respect to the study completed under paragraph (1).
(4) Definitions.— In this subsection:
(A) The term “covered medical disability examination” means a medical nexus examination or medical opinion for the purposes of adjudicating a claim for a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department.
(B) The terms “rural” and “highly rural” have the meanings given those terms under the rural-urban commuting areas coding system of the Department of Agriculture.
(b) Review of training for veterans service representatives and rating veterans service representatives.—
(1) Review required.— The Secretary of Veterans Affairs shall conduct a comprehensive review of the training provided to Veterans Service Representatives (VSRs) and Rating Veterans Service Representatives (RVSRs) regarding covered medical disability examinations for the purpose of claims adjudication.
(2) Scope of review.— The review shall include, at minimum, an evaluation of training and policies relating to—
(A) assessing the adequacy of covered medical disability examinations for claims adjudication;
(B) determining the necessity of medical disability examinations where claims can be adjudicated based on existing evidence without ordering additional examinations;
(C) relevant statutes, judicial decisions, regulations, and Department policies, including—
(i) the duty to assist claimants;
(ii) evidentiary standards regarding causation;
(iii) required elements and standards for covered medical disability examinations, including the need for reasoned medical opinions; and
(iv) the absence of statutory or regulatory presumptions of service connection in covered medical disability examinations; and
(D) input from impacted Department employees, including duly appointed labor representatives.
(3) Second-level review for new employees.— The Secretary shall evaluate the effectiveness of current policies requiring a second level of review of claims decisions made by new Veterans Service Representatives and Rating Veterans Service Representatives before such employees are authorized to order covered medical disability examinations, including any applicable accuracy thresholds.
(4) Report to Congress.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing the findings of the Secretary with respect to the review conducted under paragraph (1), the data used by the Secretary to support such findings, and such recommendations as the Secretary may have for improvements to training or policies.
(5) Comptroller General of the United States review of findings.— Not later than 180 days after the date on which the Secretary submits the report under paragraph (4), the Comptroller General of the United States shall conduct a review of the findings and recommendations contained in the report.
(6) Modification of reports by the Board of Veterans’ Appeals and United States Court of Appeals for Veterans Claims.—
(A) Board of Veterans’ Appeals.— Section 7101(d)(2) of title 38, United States Code, is amended—
(i) in subparagraph (F), by striking “; and” and inserting a semicolon;
(ii) in subparagraph (G), by striking the period at the end and inserting “; and”; and
(iii) by adding at the end the following new subparagraph:
“(H) a summary of recurring issues that result in the Board remanding appeals back to the agency of original jurisdiction.”.
(B) United States Court of Appeals for Veterans Claims.— Section 7288(b) of title 38, United States Code, is amended by adding at the end the following new paragraph:
“(16) A summary of recurring issues that result in remands.”.
(7) Definition of covered medical disability examination.— In this subsection, the term “covered medical disability examination” means a medical examination or medical opinion that the Secretary determines necessary for the purposes of adjudicating a claim for a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department.
(c) Review and priority processing of claims with inadequate or unnecessary examinations.—
(1) Review.— Not later than 1 year after the date of the enactment of this Act and not less frequently than once every three months thereafter, the Secretary of Veterans Affairs shall review a random and representative sample of all covered medical disability examinations completed during the previous three-month period.
(2) Further sample requirements.— Under each review required by paragraph (1), the Secretary shall ensure the review includes—
(A) a statistically significant sample of covered medical disability examinations completed by employees of the Department of Veterans Affairs; and
(B) a statistically significant sample of covered medical disability examinations completed by each contractor that provides such examinations for the Department.
(3) Analysis.— Under each review required by paragraph (1), the Secretary shall—
(A) analyze the samples specified in paragraph (2); and
(B) pursuant to such analysis, identify—
(i) the percentage of examinations that were adequate for purposes of adjudicating the particular claim for a benefit under chapter 11 or 15 of title 38, United States Code, for which the examination was ordered by the Department; and
(ii) the percentage of examinations considered overdeveloped for purposes of adjudicating claims for a benefit under chapter 11 or 15 of title 38, United States Code, for which the examination was ordered by the Department.
(4) Priority processing.—
(A) In general.— Except as provided for in subparagraph (B), if during a review under paragraph (1) the Secretary finds any covered medical disability examination to be not adequate for adjudicating a claim, the Secretary shall ensure the claimant examined by that examination—
(i) receives another examination, if necessary, on a priority basis; and
(ii) receives priority processing for the entirety of impacted claim.
(B) Exception.— The Secretary is not required to furnish an additional examination under subparagraph (A) if the Secretary determines such an examination to be unnecessary for purposes of adjudicating the claim.
(5) Comptroller General of the United States study.— The Comptroller General of the United States shall conduct a review of the methodology and effectiveness of the Departments review required in paragraph (1).
(6) Covered medical disability examination defined.— In this subsection, the term “covered medical disability examination” means a medical examination or opinion for the purposes of adjudicating a claim for a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department.
(d) Review and plan regarding department of veterans affairs scheduling of medical examinations.—
(1) Review required.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete a review of scheduling request tools, contracts, and systems used by employees and contractors of the Department of Veterans Affairs to order and conduct medical disability examinations.
(2) Plan required.— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a plan to ensure the following:
(A) Systems and processes used by the Department enable seamless and clear communication of requirements between the claims processors who request medical disability examinations and the persons who conduct such examinations, including through a contract.
(B) Medical disability examiners, including through a contract, have access to the medical records and claims information they need to conduct exams that are adequate for purposes of rating claims for benefits under laws administered by the Secretary.
(C) Claimants or appellants for whom a medical disability examination is requested of the Department have agency in determining when and where the examination is conducted.
(D) Claimants or appellants for whom a medical disability examination is requested of the Department have a seamless experience when scheduling their examinations without regard to who conducts the examinations.
(E) The Department conducts customer satisfaction and experience surveys of claimants or appellants who attend medical disability examinations provided under laws administered by the Secretary.
(a) Evaluation of claims involving military sexual trauma.—
(1) In general.— Subchapter VI of chapter 11 of such title is amended by inserting after section 1166 the following new section:
“1166A. Evaluation of claims involving military sexual trauma.—
(a) Notice and opportunity to supply evidence.— The Secretary may not deny a claim of a veteran for compensation under this chapter for military sexual trauma without first—
(1) advising the veteran of the evidence that would constitute credible corroborating evidence of the military sexual trauma; and
(2) allowing the veteran an opportunity to furnish such corroborating evidence.
(b) Point of contact.— The Secretary shall ensure that each document provided to a veteran relating to a claim for compensation under this chapter for a military sexual trauma includes contact information for an appropriate point of contact with the Department.
(c) Specialized teams.— The Secretary shall ensure that all claims for compensation under this chapter for a military sexual trauma are reviewed and processed by a specialized team established under section 1166 of this title.
(1) The Secretary shall ensure that not less than annually, the policies and procedures employed by the specialized team established under section 1166 of this title are reviewed by medical or mental health professionals as the Secretary considers appropriate to determine whether the current standard of evidentiary review for acceptable documentation adequately evaluates the likelihood a military sexual trauma occurred.
(2) The Secretary shall also conduct periodic quality reviews of claims processed by the specialized teams established under section 1166 to identify inconsistencies, training deficiencies, or procedural shortcomings and implement corrective actions as appropriate.”.
(2) Outreach.—
(A) In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement, with input from the veteran community, an informative outreach program for veterans regarding the standard of proof for evaluation of claims relating to military sexual trauma, including requirements for a medical examination and opinion.
(B) Targeted outreach.— In implementing the program under subparagraph (A), the Secretary shall, to the extent practicable, target outreach to veterans who submitted a claim relating to military sexual trauma that was denied.
(3) Clerical amendment.— The table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1166 the following new item:
(b) Communications from the Department of Veterans Affairs to individuals who have experienced military sexual trauma.—
(1) Review working group.—
(A) In general.— The Secretary of Veterans Affairs shall establish a working group to review correspondence relating to military sexual trauma.
(B) Membership.— The working group established under subparagraph (A) shall be composed of members who shall be appointed by the Secretary from among employees of the Department of Veterans Affairs who are experts in military sexual trauma and mental health, of whom—
(i) one or more shall be appointed from among mental health providers of the Veterans Health Administration;
(ii) one or more shall be appointed from among experts on sexual assault and sexual harassment of the Veterans Benefits Administration; and
(iii) one or more shall be appointed from among experts on sexual assault and sexual harassment of the Board of Veterans’ Appeals.
(C) Duties.— The working group established under subparagraph (A) shall—
(i) review standard correspondence, which may include templates for notices under sections 5103, 5104, 5104B, and 7104 of title 38, United States Code, from the Department to individuals who have experienced military sexual trauma for sensitivity; and
(ii) ensure that the correspondence—
(I) treats such individuals with dignity and respect; and
(II) does not re-traumatize such individuals.
(D) Individual who has experienced military sexual trauma defined.— In this subsection, the term “individual who has experienced military sexual trauma” means—
(i) an individual who has filed a claim for compensation under chapter of title 38, United States Code, relating to military sexual trauma;
(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or
(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.
(2) Contents of certain written communications to individuals who have experienced military sexual trauma.—
(A) Notice to claimants of required information and evidence.— Section 5103 of title 38, United States Code, is amended by adding at the end the following new subsection:
“(c) Written communications to individuals who have experienced military sexual trauma.—
(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:
(A) Contact information for each of the following:
(i) The military sexual trauma coordinator of the Veterans Benefits Administration.
(ii) The military sexual trauma coordinator of the Veterans Health Administration.
(iii) The Veterans Crisis Line.
(iv) The facility of the Veterans Health Administration closest to where the individual resides.
(v) The Readjustment Counseling Service location closest to where the individual resides.
(B) Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(v).
(2) In this subsection:
(A) The term “individual who has experienced military sexual trauma” means—
(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;
(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or
(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.
(B) The term “military sexual trauma” has the meaning given that term in section 1166(d)(2) of this title.
(C) The term “Veterans Crisis Line” means the toll-free hotline for veterans established under section 1720F(h) of this title.”.
(B) Decisions and notices of decisions.— Section 5104 of title 38, United States Code, is amended by adding at the end the following new subsection:
“(e)
(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:
(A) Contact information for each of the following:
(i) The military sexual trauma coordinator of the Veterans Health Administration.
(ii) The Veterans Crisis Line.
(iii) The facility of the Veterans Health Administration closest to where the individual resides.
(iv) The Readjustment Counseling Service location closest to where the individual resides.
(B) Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(iv).
(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—
(A) the contact information described in paragraph (1); and
(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.
(3) In this subsection:
(A) The term “individual who has experienced military sexual trauma” means—
(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;
(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or
(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.
(B) The term “military sexual trauma” has the meaning given that term in section 1166(d)(2) of this title.
(C) The term “Veterans Crisis Line” means the toll-free hotline for veterans established under section 1720F(h) of this title.”.
(C) Higher-level review by the agency of original jurisdiction.— Section 5104B of title 38, United States Code, is amended by adding at the end the following new subsection:
“(f) Written communications to individuals who have experienced military sexual trauma.—
(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:
(A) Contact information for each of the following:
(i) The military sexual trauma coordinator of the Veterans Health Administration.
(ii) The Veterans Crisis Line.
(iii) The facility of the Veterans Health Administration closest to where the individual resides.
(iv) The Readjustment Counseling Service location closest to where the individual resides.
(B) Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(iv).
(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—
(A) the contact information described in paragraph (1); and
(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.
(3) In this subsection:
(A) The term “individual who has experienced military sexual trauma” means—
(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;
(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or
(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.
(B) The term “military sexual trauma” has the meaning given that term in section 1166(d)(2) of this title.
(C) The term “Veterans Crisis Line” means the toll-free hotline for veterans established under section 1720F(h) of this title.”.
(D) Board of Veterans’ Appeals.— Section 7104 of title 38, United States Code, is amended by adding at the end the following new subsection:
“(g)
(1) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma include each of the following:
(A) Contact information for each of the following:
(i) The military sexual trauma coordinator of the Veterans Health Administration.
(ii) The Veterans Crisis Line.
(iii) The facility of the Veterans Health Administration closest to where the individual resides.
(iv) The Readjustment Counseling Service location closest to where the individual resides.
(B) Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(iv).
(2) The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—
(A) the contact information described in paragraph (1); and
(B) the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.
(3) In this subsection:
(A) The term “individual who has experienced military sexual trauma” means—
(i) an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;
(ii) a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or
(iii) a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.
(B) The term “military sexual trauma” has the meaning given that term in section 1166(d)(2) of this title.
(C) The term “Veterans Crisis Line” means the toll-free hotline for veterans established under section 1720F(h) of this title.”.
(c) Study on training and processing relating to claims for disability compensation relating to military sexual trauma.—
(1) Study required.— The Secretary of Veterans Affairs shall conduct a study on—
(A) the quality of training provided to personnel of the Department of Veterans Affairs who review claims for disability compensation under chapter 11 of title 38, United States Code, for disabilities relating to military sexual trauma; and
(B) the quality of the procedures of the Department for reviewing the accuracy of the processing of such claims.
(2) Elements.— The study required by subsection (a) shall include the following:
(A) With respect to the quality of training described in paragraph (1) of such subsection:
(i) Whether the Department ensures personnel complete such training on time.
(ii) Whether the training has resulted in improvements to the processing of claims described in such subsection and issue-based accuracy.
(iii) Such recommendations as the Secretary may have for improving the training.
(B) With respect to the quality of procedures described in paragraph (2) of such subsection:
(i) Whether the procedures of the Department for reviewing the accuracy of the processing of claims described in such subsection comport with generally accepted statistical methodologies to ensure reasonable accuracy of such reviews.
(ii) Whether such procedures adequately include mechanisms to correct errors found in such reviews.
(iii) A summary of quality assurance reviews and reports conducted as part of such procedures.
(iv) Such recommendations as the Secretary may have for improving such procedures.
(3) Report required.— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing the findings of the Secretary with respect to the study conducted under paragraph (1).
(d) Annual special focus review of claims for disability compensation for disabilities relating to military sexual trauma.—
(1) Annual special focus review.—
(A) In general.— Each year, the Under Secretary for Benefits of the Department of Veterans Affairs shall conduct a special focus review on the accuracy of the processing of claims for disability compensation under chapter 11 of title 38, United States Code, for disabilities relating to military sexual trauma.
(B) Elements.— Each review conducted under subparagraph (A) shall include a review of the following:
(i) A statistically significant, nationally representative sample of all claims for benefits under the laws administered by the Secretary of Veterans Affairs relating to military sexual trauma filed during the fiscal year preceding the fiscal year in which the report is submitted.
(ii) The accuracy of each decision made with respect to each claim described in clause (i).
(iii) The types of benefit entitlement errors found, disaggregated by category.
(iv) Trends from year to year.
(v) Training completion rates for personnel of the Department who process claims described in subparagraph (A).
(2) Reprocessing of claims.— If the Under Secretary finds, pursuant to a special focus review conducted under paragraph (1)(A), that an error was made with respect to the entitlement of a veteran to a benefit under the laws administered by the Secretary, the Secretary shall return the relevant claim of the veteran to the appropriate office of the Department for reprocessing to ensure that the veteran receives an accurate decision with respect to the claim.
(3) Report.— Section 5501(b) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116–315; 134 Stat. 5048) is amended—
(A) in paragraph (1), by striking “through 2027” and inserting “until the date described in section 109(d)(4) of the Take Care of America’s Veterans Act”; and
(B) in paragraph (2), by adding at the end the following new subparagraph:
“(I) The findings of the most recent special focus review conducted under subsection (d)(1)(A) of section 109 of the Take Care of America’s Veterans Act, including—
(i) the elements under subsection (d)(1)(B) of such section;
(ii) the number of claims returned for reprocessing under subsection (d)(2) of such section; and
(iii) the number of claims described in clause (ii) for which the decision relating to service-connection or entitlement to compensation changed as a result of reprocessing the claim.”.
(4) Sunset.— On the date that is 5 years after the enactment of this Act, paragraph (1)(A) shall cease to be in effect.
(e) Working group on medical examinations for claims for disability compensation for disabilities relating to military sexual trauma.—
(1) In general.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a working group on medical examinations for claims for disability compensation under chapter 11 of title 38, United States Code, for disabilities relating to military sexual trauma (in this section referred to as the “working group”).
(2) Membership.— The working group shall be composed of the following:
(A) Staff of the operations center for military sexual trauma of the Department of Veterans Affairs who have experience reviewing the quality of medical examinations in support of claims for disability compensation under chapter 11 of title 38, United States Code.
(B) Staff of the Medical Disability Examination Office of the Department.
(C) Veterans service officers who have experience with claims described in paragraph (1).
(D) Medical examiners who have experience with such claims.
(E) Staff of the Veterans Experience Office of the Department.
(F) Such other individuals as the Secretary considers appropriate.
(3) Duties.— Not later than 180 days after the date of the enactment of this Act, the working group shall—
(A) review the quality of medical examinations described in paragraph (1);
(B) review the feasibility of minimizing re-examinations for conditions relating to military sexual trauma; and
(C) submit to the Under Secretary for Benefits of the Department and the Secretary recommendations on how to—
(i) eliminate re-traumatization of individuals who file claims described in paragraph (1); and
(ii) reduce the overdevelopment of such claims.
(4) Report.— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes the following:
(A) The views of the working group on efforts by the Department to eliminate re-traumatization of individuals who file claims described in subsection (a).
(B) Legislative proposals to improve the experience of such individuals in pursuing such claims.
(C) The recommendations submitted under paragraph (3)(C).
(D) The plan of the Under Secretary for Benefits of the Department and the Secretary to implement such recommendations.
(5) Review and implementation.— Not later than one year after the date of the enactment of this Act, the Under Secretary for Benefits of the Department and the Secretary shall—
(A) review the recommendations submitted under paragraph (3)(C); and
(B) implement the recommendations that, as determined by the Under Secretary and the Secretary, would improve the claims process for individuals who file claims described in paragraph (1).
(f) Military sexual trauma claims performance dashboard.—
(1) Establishment.— The Secretary of Veterans Affairs shall establish an interactive performance dashboard displaying information about claims relating to military sexual trauma submitted to the Secretary for benefits under laws administered by the Secretary.
(2) Elements.— The dashboard established pursuant to paragraph (1) shall cover the following:
(A) Claims relating to military sexual trauma submitted to the Secretary for benefits under laws administered by the Secretary that have been submitted, completed, or appealed, including appeals pending at the agency of jurisdiction and at the Board of Veterans’ Appeals.
(B) For comparison purposes with subparagraph (A), claims not relating to military sexual trauma submitted to the Secretary for benefits under laws administered by the Secretary that have been submitted, completed, or appealed.
(C) Overall, cumulative information relating to claims relating to military sexual trauma submitted to the Secretary for benefits under laws administered by the Secretary, including the following:
(i) Average number of days a claim is pending review.
(ii) Average number of days for completed adjudication.
(iii) Total number of pending claims, disaggregated by whether the claims have been partially adjudicated or not adjudicated at all.
(iv) Total number of claims completely adjudicated.
(v) Of the number specified in clause (iv), the percentage that were approved, denied, or appealed.
(D) The total number of claims relating to military sexual trauma submitted to the Secretary for benefits under laws administered by the Secretary.
(E) The methods used for submittal of claims relating to military sexual trauma to the Secretary for benefits under laws administered by the Secretary.
(F) The most frequent reasons the Secretary denies a claim relating to military sexual trauma submitted to the Secretary for a benefit under a law administered by the Secretary.
(G) The most frequent conditions or disabilities for which a claim relating to military sexual trauma is denied.
(H) The most frequent conditions or disabilities for which a claim relating to military sexual trauma is submitted to the Secretary for disability compensation under chapter 11 of title 38, United States Code, including the grant rate for such contentions.
(3) Additional resource information.— The Secretary shall make available via the performance dashboard established pursuant to subsection (a) the following information:
(A) Veterans Crisis Line contact information.
(B) Information regarding the availability of services from military sexual trauma coordinators of the Veterans Health Administration.
(C) Information regarding the availability of services from military sexual trauma coordinators of the Veterans Benefits Administration.
(D) Information on availability of specialized care, services, and benefits from the Department for individuals who have experienced military sexual trauma.
(E) Such additional information as the Secretary considers appropriate.
(4) Availability.— The Secretary shall ensure that the dashboard established pursuant to paragraph (1) is available to the public from the website of the Department of Veterans Affairs and is updated not less frequently than once every 30 days.
(5) Reporting requirements.—
(A) Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing—
(i) the annual cost to implement the dashboard required by paragraph (2);
(ii) areas for improvement of the dashboard; and
(iii) such additional information as the Secretary considers appropriate.
(B) Not later than 180 days after the date of the enactment of this Act, the Secretary shall commence providing, on a quarterly basis, to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a quarterly briefing on the Department’s processing of military sexual trauma-related claims.
(6) Definition.— In this section, the term “military sexual trauma” has the meaning given such term in section 1166(d)(2) of title 38, United States Code.
(a) Agreement.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with an FFRDC for an assessment of notices that the Secretary sends to claimants.
(b) Assessment.— An FFRDC that enters into an agreement under subsection (a) shall submit to the Secretary a written assessment of such notices. The assessment shall include the following:
(1) The determination of the FFRDC, made in consultation with covered entities, whether each such notice may be feasibly altered to reduce paper consumption by, and costs to, the Federal Government.
(2) The recommendations of the FFRDC regarding how the Secretary may make such notices clearer to claimants, better organized, and more concise.
(c) Report; implementation.— Not later than 90 days after the Secretary receives the assessment under subsection (b), the Secretary shall—
(1) submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a copy of such assessment; and
(2) implement the recommendations in the assessment that are in compliance with the laws administered by the Secretary.
(d) Deadline for implementation.— The Secretary shall complete the implementation of such recommendations pursuant to subsection (c)(2) by not later than one year after the date on which the Secretary commences such implementation.
(e) Definitions.— In this section:
(1) The term “FFRDC” means a federally funded research and development center.
(2) The term “covered entities” includes—
(A) the Secretary of Veterans Affairs;
(B) an expert in laws administered by the Secretary of Veterans Affairs;
(C) a veterans service organization recognized under section 5902 of title 38, United States Code;
(D) an entity that advocates for veterans; and
(E) an entity that advocates for the survivors of veterans.
(3) The terms “claimant” and “notice” have the meanings given such terms in section 5100 of title 38, United States Code.
(a) Agreement.— Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with an FFRDC for an assessment of forms that the Secretary sends to claimants.
(b) Assessment.— An FFRDC that enters into an agreement under subsection (a) shall submit to the Secretary a written assessment, made in consultation with covered entities, of such forms. The assessment shall include the recommendations of the FFRDC regarding how the Secretary may make such forms clearer to claimants and better organized.
(c) Report; implementation.— Not later than 90 days after the Secretary receives the assessment under subsection (b), the Secretary shall—
(1) submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a copy of such assessment; and
(2) implement the recommendations in the assessment that are in compliance with the laws administered by the Secretary.
(d) Deadline for implementation.— The Secretary shall complete the implementation of such recommendations pursuant to subsection (c)(2) by not later than two years after the date on which the Secretary commences such implementation.
(e) Definitions.— In this section:
(1) The term “FFRDC” means a federally funded research and development center.
(2) The term “covered entities” includes—
(A) the Secretary of Veterans Affairs;
(B) an expert in laws administered by the Secretary of Veterans Affairs;
(C) a veterans service organization recognized under section 5902 of title 38, United States Code;
(D) an entity that advocates for veterans; and
(E) an entity that advocates for survivors of veterans.
(3) The term “claimant” has the meaning given such term in section 5100 of title 38, United States Code.