Sec. 14. Evaluation of backlog of disability claims and appeals of claims of Department of Veterans Affairs
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There is established a commission or task force to evaluate the backlog of claims within the Department of Veterans Affairs and the appeals process of claims. The Commission or Task Force, acting through the subcommittee described in subsection (d)(2)(A), shall carry out a study on the backlog of claims, including the current process the Secretary of Veterans Affairs uses to evaluate claims and appeals and the laws and regulations applicable to such claims and appeals. Such study shall be a comprehensive evaluation and assessment of the backlog of claims, an analysis of possible improvements to the procedures used to process such claims, and any related issues that the Commission or Task Force considers relevant.
In carrying out the study under subparagraph (A), the Commission or Task Force shall examine the following: The backlog of claims, including an analysis of— the most effective means to quickly and accurately resolve all claims pending as of the date of the study; and with respect to the Department, the annual funding, number of full-time employees, workload management practices, and the progress, as of the date of the study, of the strategic plan. Possible improvements to the claims process, including an evaluation and recommendations with respect to whether substantive and structural changes to the overall claims process are required.
In carrying out the evaluation and recommendations under subparagraph (B), an examination of— options that make no major substantive changes to the claims process; options that maintain the process but make minor changes; and options that make broad changes to the process. The Commission or Task Force, acting through the subcommittee described in subsection (d)(2)(B), shall carry out a study on the anticipated increase of appeals of claims, including the current appeals process and the laws and regulations applicable to such appeals.
Such study shall be a comprehensive evaluation and assessment of such anticipated increase of appeals claims, an analysis of possible improvements to the procedures used to process such appeals, and any related issues that the Commission or Task Force considers relevant. In carrying out the study under subparagraph (A), the Commission or Task Force shall examine the following: The anticipated surge in appeals of claims, including an analysis of— the most effective means to quickly and accurately resolve pending appeals and future appeals; with respect to both the Board and the Court of Appeals for Veterans Claims, the annual funding, number of full-time employees, workload management practices, and the progress, as of the date of the study, of the strategic plan; and the efficiency, effectiveness, and utility of the Veterans Benefits Management System with respect to appeals operations, including an identification of key changes that may need to be implemented to such system.
Possible improvements to the appeals process, including an evaluation and recommendations with respect to whether substantive and structural changes to the overall appeals process are required. In carrying out the evaluation and recommendations under clause (ii), an examination of— options that make no major substantive changes to the appeals process; options that maintain the process but make minor changes; options that make broad changes to the process; the necessity of the multi-tiered levels of appeals at the regional office level, including filing a notice of disagreement, receipt of a statement of the case, supplemental statement of the case (if applicable), and substantive appeal (VA Form 9); the role of the Board and the Appeals Management Center, including— the effectiveness of the workload management of the Board and the Center; whether the Board and Center should be regionalized or maintain the centralized structure in the District of Columbia; whether Board members should be required to pass the administrative law judges certification examination; and whether the Board should continue to require de novo review of appeals; and the role of the Court of Appeals for Veterans Claims and the United States Court of Appeals for the Federal Circuit, including— the continued effectiveness and necessity of a multi-tiered structure of judicial review; whether the Court of Appeals for Veterans Claims should have Article I or Article III status; expansion of either the Court of Appeals for Veterans Claims or the United States Court of Appeals for the Federal Circuit jurisdiction, including by allowing such courts to hear class action lawsuits with respect to claims; and the possibility of expanding judicial review of claims to all Federal circuit courts of appeals or allowing judicial review beyond the Court of Appeals for Veterans Claims only by the Supreme Court.
In carrying out the studies under paragraph (1)(A) and (2)(A) and making any recommendations under this section, the Commission or Task Force shall consider the following: The interests of veterans, including with respect to accuracy, fairness, and transparency in the claims process of the Department. The values and requirements of the Constitution, including with respect to compliance with procedural and substantive due process. The public interest, including with respect to the responsible use of available resources.
With respect to the study conducted under paragraph (1)(A), the importance of the claimant friendly, nonadversarial nature of the claims process. With respect to the study conducted under paragraph (2)(A), the importance of an appeals process that is efficient and easily understandable by a claimant. In carrying out each study under paragraph (1)(A) and (2)(A), at times that the Commission or Task Force determines appropriate, the Commission or Task Force shall submit to the Secretary of Veterans Affairs, the Chairman of the Board, and the Chief Judge of the Court of Appeals for Veterans Claims, as the case may be, information with respect to remedies and solutions that the Commission or Task Force identifies pursuant to such a study.
The Secretary, the Chairman of the Board, and the Chief Judge shall each— fully consider the remedies and solutions submitted to the Secretary, the Chairman, or the Chief Judge, as the case may be, under subparagraph (A); implement such remedies and solutions as the Secretary, the Chairman, or the Chief Judge, respectively, determines appropriate; and submit to Congress justification for failing to implement any such remedy or solution. The Commission or Task Force shall submit to the Secretary, the Chairman of the Board, and the Chief Judge a feasible, timely, and cost-effective plan to eliminate the backlog of appeals of claims based on the remedies and solutions identified pursuant to the study under paragraph (2)(A) and the information submitted under subparagraph (A).
Not later than 60 days after the date on which the Commission or Task Force first meets, the Commission or Task Force shall submit to the President and Congress an initial comprehensive report on the studies conducted under paragraphs (1)(A) and (2)(A) of subsection (b), including— the findings of the causes of the backlog of claims; a proposed plan to handle the anticipated surge in appeals of claims; and the level of cooperation the Commission or Task Force has received from the Secretary and the heads of other departments or agencies of the Federal Government.
Not later than 90 days after the date on which the Commission or Task Force first meets, and each 30-day period thereafter ending on the date on which the Commission or Task Force submits the final comprehensive report under paragraph (3), the Commission or Task Force shall submit to the President and Congress a comprehensive report on— the progress of the Secretary with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection (b)(4)(B)(ii); the progress of the Secretary, the Chairman of the Board, and the Chief Judge of the Court of Appeals for Veterans Claims with respect to implementing solutions to complete appeals of claims in a timely manner in a timely manner pursuant to such subsection; and the level of cooperation the Commission or Task Force has received from the Secretary and the heads of other departments or agencies of the Federal Government.
Not later than 180 days after the date on which the Commission or Task Force first meets, the Commission or Task Force shall submit to the President and Congress a comprehensive report on the following: With respect to the study conducted under subsection (b)(1)(A)— The findings, conclusions, and recommendations of the Commission or Task Force with respect to the matters referred to in such subsection. The recommendations of the Commission or Task Force for revising and improving the backlog of claims and the procedures used to process claims.
The progress of the Secretary with respect to implementing solutions to expedite the elimination of the backlog of claims pursuant to subsection (b)(4)(B)(ii). Other information and recommendations with respect to claims as the Commission or Task Force considers appropriate. With respect to the study conducted under subsection (b)(2)(A)— The findings, conclusions, and recommendations of the Commission or Task Force with respect to the matters referred to in such subsection. The recommendations of the Commission or Task Force for revising and improving the appeals process;
The information described in subsection (b)(4)(A). The feasible, timely, and cost effective plan described in subsection (b)(4)(C). The progress of the Secretary, the Chairman of the Board, and the Chief Judge of the Court of Appeals for Veterans Claims with respect to implementing solutions to provide timely appeals of claims. Other information and recommendations with respect to the appeals process as the Commission or Task Force considers appropriate. The Commission or Task Force shall be composed of 15 members, appointed as follows:
Two members appointed by the Speaker of the House of Representatives, one of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals. Two members appointed by the minority leader of the House of Representatives, one of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals.
Two members appointed by the majority leader of the Senate, one of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals. Two members appointed by the minority leader of the Senate, one of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals. Three members appointed by the President, two of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals.
One member appointed by the Secretary of Defense, whom shall be designated to serve upon the Subcommittee on the Backlog of Claims. Two members appointed by the Secretary of Veterans Affairs, one of whom shall be designated to serve upon the Subcommittee on the Backlog of Claims and one of whom shall be designated to serve upon the Subcommittee on Appeals. One member appointed by the Chief Judge of the Court of Appeals for Veterans Claims, whom shall be designated to serve upon the Subcommittee on Appeals.
The Commission or Task Force shall have two subcommittees as follows: A Subcommittee on the Backlog of Claims consisting of the eight members designated in accordance with paragraph (1). A Subcommittee on Appeals consisting of the seven members designated in accordance with paragraph (1). Each member appointed under paragraph
(1)shall be appointed based on the experience of the member as a veteran or on the subject matter expertise or other relevant experience of the member. In addition to the 15 members appointed under paragraph (1), the Commission or Task Force shall— have five nonvoting, nonmember advisors, appointed by a majority of the Commission or Task Force, each from a different organization that represents the interests of veterans; and seek advice from experts from nongovernmental organizations (including veterans service organizations and military organizations), the Internet technology industry, and the insurance industry. Individuals described in clause
(i)and
(ii)of subparagraph
(A)shall provide advice to both subcommittees described in paragraph (2). The President shall designate a member of the Commission or Task Force who is appointed by the President and designated to serve upon the Subcommittee on the Backlog of Claims to serve as the chairman of the Commission or Task Force. The chairman may designate a member to serve as the chairman of the Subcommittee on the Backlog of Claims and a member to serve as the chairman of the Subcommittee on Appeals to chair such subcommittees as the designee of the chairman of the Commission or Task Force. Members of the Commission or Task Force shall be appointed for the life of the Commission or Task Force. A vacancy shall not affect its powers. A vacancy on the Commission or Task Force shall be filled in the manner in which the original appointment was made. The appointment of members of the Commission or Task Force established in this section shall be made not later than 15 days after the date of the enactment of this Act. The Commission or Task Force shall hold its first meeting not later than 15 days after the date on which a majority of the members are appointed. The Commission or Task Force shall meet at the call of the chairman. A majority of the members of the Commission or Task Force shall constitute a quorum, but a lesser number may hold hearings. The Commission or Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission or Task Force considers advisable to carry out the purposes of this section. The Commission or Task Force may secure directly from any department or agency of the Federal Government such information as the Commission or Task Force considers necessary to carry out the provisions of this section. Upon request of the chairman, the head of such department or agency shall furnish such information to the Commission or Task Force. The Commission or Task Force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. The Commission or Task Force may accept, use, and dispose of gifts or donations of service or property. Each member of the Commission or Task Force who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission or Task Force. All members of the Commission or Task Force who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. The members of the Commission or Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service of the Commission or Task Force. The chairman of the Commission or Task Force may, without regard to the civil service laws and regulations, appoint an executive director and such other personnel as may be necessary to enable the Commission or Task Force to perform its duties. The appointment of an executive director shall be subject to the approval of the Commission or Task Force. The chairman of the Commission or Task Force may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. Upon request of the chairman of the Commission or Task Force, the head of any department or agency of the Federal Government may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission or Task Force to assist it in carrying out its duties. The chairman of the Commission or Task Force may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. The Commission or Task Force shall terminate 60 days after the date on which the Commission or Task Force submits the final comprehensive report under subsection (c)(3). The Secretary shall, upon the request of the chairman of the Commission or Task Force, make available to the Commission or Task Force such amounts as the Commission or Task Force may require to carry out the duties of the Commission or Task Force under this section. Any sums made available to the Commission or Task Force shall remain available, without fiscal year limitation, until the termination of the Commission or Task Force. In this section: The term appeals process means the process to appeal the determination by the Secretary of a claim beginning with the notice of disagreement filed pursuant to section 7105 of title 38, United States Code, and ending with the review of a decision by the Supreme Court pursuant to section 7292(c) of such title. The term Board means the Board of Veterans’ Appeals. The term strategic plan means the Strategic Plan to Eliminate the Compensation Claims Backlog, published by the Secretary of Veterans Affairs on January 25, 2013. This section shall take effect on the date that is one year after the date of the enactment of this Act.