Sec. 628. Reports on use of existing authorities to expedite benefits decisions
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Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the use of temporary, intermediate, and provisional rating decisions to expedite the benefits decisions of the Department of Veterans Affairs. The report required by paragraph
(1)shall include the following: With respect to temporary and intermediate rating decisions, the following: The number of temporary and intermediate rating decisions issued by the Department during each of fiscal years 2011, 2012, and 2013. A description of any reasons or obstacles that prevent use of existing authorities to issue temporary or intermediate rating decisions. A description of the Quick Pay Disability initiative, including the rationale for not expanding the initiative beyond pilot program status. With respect to provisional rating decisions, the following: The number of provisional rating decisions issued by the Department during the oldest claims first initiative. Of the provisional rating decisions issued during the oldest claims first initiative— the number of such decisions that involved a claim granted; the number of such decisions that involved a claim denied; and the number of such decisions that involved a claim granted in part or a claim denied in part. A statement of the most common reasons claims were not granted earlier under the oldest claims first initiative when there was sufficient evidence to render an award of benefits in the provisional rating decision. The average number of days to issue a provisional rating decision under the oldest claims first initiative. Of the total number of decisions that were completed under the oldest claims first initiative— the number that were Category 1 claims and received a final rating decision; and the number that were Category 2 claims and received a provisional rating decision. The number of rating decisions issued during the oldest claims first imitative that involved a brokered claim, set forth by number of such claims by Regional Office of the Department, including— the number of brokered claims received by each Regional Office; and the number of brokered claims issued by each Regional Office. The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested that the provisional decision become final in order to appeal. The number of provisional rating decisions issued during the oldest claims first initiative with respect to which the veteran requested an appeal after the expiration of the 1-year period beginning on the date of notification of the provisional rating decision. An assessment of the accuracy of provisional rating decisions issued during the oldest claims first initiative, set forth by Category 1 claims and Category 2 claims. Such other matters as the Secretary considers appropriate for purposes of the report. If the Secretary continues to obtain information on rating decisions under clauses
(vii)and
(viii)of paragraph (2)(B) after the date of the submittal of the report required by paragraph (1), the Secretary shall submit to the committees of Congress referred to in paragraph
(1)a report on such information that supplements the information on such clauses in the report under paragraph
(1)when the Secretary completes accumulation of such information. 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 setting forth a plan to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department when the record contains sufficient evidence to grant any claim at issue, including service connection. The plan required under paragraph
(1)shall include the following: Mechanisms to overcome obstacles to the use of temporary or intermediate rating decisions, including mechanisms (such as upgrades) to assure the ability of the Veterans Benefits Management System to facilitate the issuance of temporary or intermediate rating decisions. Mechanisms to ensure that appropriate claimant populations, such as claimants who file complex or multi-issue disability compensation claims, benefit from the availability of temporary or intermediate rating decisions. Mechanisms to provide for the use of temporary or intermediate rating decisions, including mechanisms to resolve whether a request by a claimant or claimant representative should trigger use of a temporary or intermediate rating decision depending on the circumstances of the claimant. Mechanisms to prevent the use of temporary or intermediate rating decisions in lieu of a final rating decision when a final rating decision could be made with little or no additional claim development. Such recommendations for legislative or administrative action as the Secretary considers appropriate to increase the use of temporary or intermediate rating decisions to expedite benefit decisions of the Department.