Veterans Disability Benefits Claims Modernization Act
In 2008, Representative John Hall of New York introduced the Veterans Disability Benefits Claims Modernization Act. The intent of the legislation was to modernize the disability compensation system of the Department of Veterans Affairs. Introduced in response to complaints by veterans of the inefficiency of the system and outdated requirements for receiving disability compensation, the bill was passed by the House of Representatives but not the Senate and, therefore, was not enacted.
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Office of Survivor Assistance
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The legislation established the Office of Survivor Assistance within the Department of Veterans Affairs. The Office was directed to provide assistance in all benefits and services provided by the Department to survivors and dependents of deceased veterans and members of the Armed Forces. The legislation also required an annual report to Congress on the activities of the Office.
Rating Schedule
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The legislation required the Secretary of the Department of Veterans Affairs to update the rate schedule used by the Department to rate veterans’ disabilities to meet standards, practices and codes commonly used by medical, mental health and disability professionals. The legislation also provided for partial disability rates for disabled veterans who have been discharged within the last year and who are unable to work due to their disability.
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Employee Productivity
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The legislation required the Secretary of the Department of Veterans Affairs to establish a new system of measuring the work productivity of the Veterans Benefits Administration within the Department of Veterans Affairs. The Secretary was required to improve accountability, quality and accuracy of processing veterans’ benefits claims. The Secretary was authorized to evaluate the need for more employees and implement a certification program for employees responsible for processing claims.
Expedited Claims
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The legislation provided for expedited treatment of veterans’ claims for benefits to ensure that they were adjudicated by the Veterans Benefits Administration within 90 days of submission. It also required the Administration to provide assistance to those seeking claims by providing veterans with a list of the information required to assist in substantiating the claims.
U.S. Court of Appeals for Veterans Claims
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The legislation also required the Court of Appeals for Veterans Claims to annually provide an analysis of the workload of the Court to Congress. The Court was also authorized to affirm, modify, reverse, remand or vacate and remand any decision of the Board of Veterans’ Appeals if the Court found error in the Board’s decision.
Hearing
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During the hearing for the legislation before the House Committee on Veteran's Affairs, the U.S. Court of Appeals for Veterans Claims believed that the review process established in the legislation was cumbersome and likely to delay judicial decisions. Passed late in 2008, the Senate was unable to act upon the legislation in a timely fashion before the 2008 election, and the bill was allowed to die.
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References
- Photo Credit military image by Alexey Klementiev from Fotolia.com
