What This Bill Does
This bill makes changes to how the Department of Veterans Affairs handles disability benefit questionnaire forms and supports veterans applying for benefits. It also establishes new programs to help attorneys and law clerks work at the VA and increases the number of judges at the U.S. Court of Appeals for Veterans Claims.
##
Who It Affects
- Veterans applying for disability benefits
- Medical providers who work with the VA (both VA employees and private contractors)
- Veterans service officers employed by state, county, municipal, or tribal governments
- Law school students interested in internships at the VA
- Attorneys and law clerks working at the VA
- Judges at the U.S. Court of Appeals for Veterans Claims
##
Key Provisions
- The VA must publish disability benefit questionnaire forms online, except for forms that cannot reasonably be completed by people who are not VA employees or contractors. The VA must list any excluded forms on its website with reasons for excluding them. (Sec. 2)
- Any contract with a private medical provider must require that provider to send copies of all scheduling communications about disability exams to the veteran's designated representative or veterans service organization. (Sec. 3)
- Within 120 days, the VA must launch an outreach program with veterans service organizations to give veterans contact information for private medical providers who perform disability exams and explain that veterans may need to provide personal identification to verify their identity. (Sec. 3)
- The VA must establish a competitive internship program for first and second year law school students accredited by the American Bar Association. (Sec. 5)
- The VA must create a program providing student loan repayment, bar exam cost reimbursement, and annual bar dues reimbursement to attorneys in the VA's Honors Attorney Program and Law Clerk Program, in exchange for a three-year service commitment. (Sec. 6)
- The VA must assign new participants in these attorney and law clerk programs a mentor outside their chain of command within 90 days of hiring. (Sec. 6)
- The maximum number of judges at the U.S. Court of Appeals for Veterans Claims increases from seven to nine. (Sec. 7)
##
What Changes
If this becomes law, veterans will have easier access to disability benefit questionnaire forms published online by the VA. Private medical providers contracting with the VA must now notify veterans' representatives about exam scheduling. Veterans will know which private providers are available for disability exams. The VA will hire law school interns and provide financial support to attorneys and law clerks who commit to working there. The Court of Appeals for Veterans Claims will have two additional judges.
##
Important Definitions
- **Covered non-Department provider**: A medical provider who is not a VA employee and who provides disability exams for veterans applying for VA benefits through a contract with the VA.
- **Covered governmental veterans service officer**: An employee of a state, county, city, or tribal government who is recognized by the VA and whose main job is preparing and presenting veterans' benefit claims to the VA.
- **Covered participant**: An individual in the VA's Honors Attorney Program or Law Clerk Program.
- **Covered attorney**: A covered participant who has graduated from an American Bar Association accredited law school and is a member in good standing of a state bar.
##
Effective Date
Not specified in bill text. (Various provisions have their own deadlines stated in the bill, such as the internship program must be established within one year and the outreach program within 120 days.)
II
118TH CONGRESS
1ST SESSION H. R. 1530
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 21, 2023
Received
AN ACT
To amend title 38, United States Code, to improve the
requirement to publish disability benefit questionnaire
forms of Department of Veterans Affairs, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
1
This Act may be cited as the ‘‘Veterans Benefits Im-
2
provement Act of 2023’’.
3
SEC. 2. IMPROVEMENT OF PUBLICATION OF DEPARTMENT
4
OF VETERANS AFFAIRS DISABILITY BENEFIT
5
QUESTIONNAIRE FORMS.
6
Section 5101 of title 38, United States Code, is
7
amended—
8
(1) in subsection (d)—
9
(A) in paragraph (1)(A), by inserting ‘‘,
10
including (except as provided in paragraph
11
(4)(A)) all disability benefit questionnaire forms
12
available to personnel of the Veterans Health
13
Administration and covered non-Department
14
providers for the completion of examinations
15
with respect to medical disability of applicants
16
for benefits under laws administered by the
17
Secretary’’ before the semicolon; and
18
(B) by adding at the end the following new
19
paragraph:
20
‘‘(4)(A) The Secretary may exclude from publication
21
under clauses (i) and (ii) of paragraph (1)(A) any form
22
described in subparagraph (B) of this paragraph that the
23
Secretary determines could not reasonably be completed
24
to a clinically acceptable standard by someone not an em-
25
ployee or a contractor of the Department.
26
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‘‘(B) A form described in this subparagraph is a form
1
that—
2
‘‘(i) was available or in use at any time after
3
the date of the enactment of the Veterans Benefits
4
Act of 2023; and
5
‘‘(ii) has not been published under paragraph
6
(1).
7
‘‘(C) The Secretary shall include on the same internet
8
website as the website on which forms are published under
9
paragraph (1)(A) a list of forms that have been excluded
10
from publication pursuant to subparagraph (A), and for
11
each such form, a justification for the exclusion of the
12
form from publication.’’; and
13
(2) in subsection (e), by adding at the end the
14
following new paragraph:
15
‘‘(3) The term ‘covered non-Department pro-
16
vider’ means a medical provider who is not an em-
17
ployee of the Department and who provides exami-
18
nations with respect to medical disability of appli-
19
cants for benefits under laws administered by the
20
Secretary pursuant to a contract with the Depart-
21
ment.’’.
22
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SEC. 3. IMPROVEMENT OF PROVISION OF MEDICAL DIS-
1
ABILITY EXAMINATIONS BY CONTRACTORS.
2
(a) REPORT ON IMPROVING REIMBURSEMENT FOR
3
TRAVEL RELATING TO MEDICAL DISABILITY EXAMINA-
4
TIONS.—Not later than one year after the date of the en-
5
actment of this Act, the Secretary of Veterans Affairs,
6
after consulting with the Secretary of State and the Com-
7
missioner of the Social Security Administration, shall sub-
8
mit to the Committees on Veterans’ Affairs of the Senate
9
and the House of Representatives a report on the efforts
10
of the Secretary to reimburse veterans for expenses in-
11
curred traveling to a facility of the Department or of a
12
covered non-Department provider incident to an examina-
13
tion with respect to the medical disability of the veteran
14
for purposes of benefits under the laws administered by
15
the Secretary, regardless of whether the facility is located
16
inside or outside the United States.
17
(b) COMMUNICATION
BY NON-DEPARTMENT PRO-
18
VIDERS PROVIDING MEDICAL DISABILITY EXAMINATIONS
19
WITH INDIVIDUALS AND ORGANIZATIONS DESIGNATED
20
FOR PREPARATION, PRESENTATION, AND PROSECUTION
21
OF CLAIMS.—Any contract entered into by the Secretary
22
of Veterans Affairs after the date of the enactment of this
23
Act under which a covered non-Department provider
24
agrees to provide examinations with respect to medical dis-
25
ability for applicants for benefits under the laws adminis-
26
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tered by the Secretary, shall include a requirement that
1
every communication from the covered non-Department
2
provider to such an applicant regarding the scheduling of
3
a covered medical disability examination be contempora-
4
neously transmitted to any person or organization—
5
(1) designated by the applicant by a power of
6
attorney filed with the Secretary; and
7
(2) recognized under sections 5902, 5903, and
8
5904 of title 38, United States Code, for the prepa-
9
ration, presentation, and prosecution of claims.
10
(c) DEPARTMENT OF VETERANS AFFAIRS OUTREACH
11
REGARDING CONTACT INFORMATION FOR CONTRACTORS
12
PROVIDING COVERED MEDICAL DISABILITY EXAMINA-
13
TIONS.—Not later than 120 days after the date of enact-
14
ment of this Act, the Secretary of Veterans Affairs, in
15
partnership with veterans service organizations and such
16
other stakeholders as the Secretary considers relevant and
17
appropriate, shall implement an outreach program to pro-
18
vide veterans with the following information:
19
(1) Contact information for covered non-De-
20
partment providers that provide examinations with
21
respect to medical disability of applicants for bene-
22
fits under laws administered by the Secretary, in-
23
cluding the telephone numbers such providers may
24
use to contact veterans.
25
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(2) Notice of the requirement for a veteran to
1
provide personally identifiable information to such a
2
provider when contacted in order to verify the iden-
3
tity of the veteran.
4
(d) COVERED NON-DEPARTMENT PROVIDER.—In
5
this section, the term ‘‘covered non-Department provider’’
6
means a medical provider who is not an employee of the
7
Department of Veterans Affairs and who provides exami-
8
nations with respect to medical disability of applicants for
9
benefits under laws administered by the Secretary of Vet-
10
erans Affairs pursuant to a contract with the Department.
11
SEC. 4. REPORT ON SUPPORTING GOVERNMENTAL VET-
12
ERANS SERVICE OFFICERS WHO PREPARE,
13
PRESENT,
AND
PROSECUTE
BENEFITS
14
CLAIMS BEFORE DEPARTMENT OF VETERANS
15
AFFAIRS.
16
(a) REPORT.—Not later than one year after the date
17
of the enactment of this Act and after consulting veterans
18
service organizations and such other stakeholders as the
19
Secretary of Veterans Affairs considers relevant and ap-
20
propriate, the Secretary shall submit to the Committee on
21
Veterans’ Affairs of the Senate and the House of Rep-
22
resentatives a report on improving the support by the De-
23
partment of Veterans Affairs of covered governmental vet-
24
erans service officers.
25
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(b) ELEMENTS.—The report submitted under sub-
1
section (a) shall include the following:
2
(1) An assessment of the feasibility, advis-
3
ability, and current technical limitations of providing
4
covered governmental veterans service officers en-
5
hanced access to certain Department systems to bet-
6
ter serve veterans those governmental service officers
7
may not have authorization to represent.
8
(2) An assessment as to whether the Depart-
9
ment would benefit from the establishment or des-
10
ignation of an office or working group within the
11
Department to serve as an intergovernmental liaison
12
between the Department and governmental veterans
13
service officers.
14
(3) Any other recommendations to improve how
15
the Department monitors, coordinates with, or pro-
16
vides support to covered governmental veterans serv-
17
ice officers.
18
(c) DEFINITIONS.—In this section:
19
(1) The term ‘‘covered governmental veterans
20
service officer’’ means an employee of a State, coun-
21
ty, municipal, or Tribal government—
22
(A) who is recognized by the Secretary of
23
Veterans Affairs as a representative of a vet-
24
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erans service organization to serve as a veterans
1
service officer; and
2
(B) whose primary responsibilities include
3
preparing, presenting, and prosecuting before
4
the Department of Veterans Affairs claims for
5
benefits under laws administered by the Sec-
6
retary.
7
(2) The term ‘‘veterans service organization’’
8
means an organization recognized by the Secretary
9
for the representation of veterans under section
10
5902 of title 38, United States Code.
11
SEC. 5. BOARD OF VETERANS’ APPEALS INTERNSHIP PRO-
12
GRAM.
13
(a) IN GENERAL.—Chapter 71 of title 38, United
14
States Code, is amended by adding at the end the fol-
15
lowing new section:
16
‘‘§ 7114. Internship program
17
‘‘The Secretary shall establish a competitive intern-
18
ship program of the Board for individuals enrolled in the
19
first or second year of law schools accredited by the Amer-
20
ican Bar Association.’’.
21
(b) CLERICAL AMENDMENT.—The table of sections
22
at the beginning of chapter 71 of such title is amended
23
by adding at the end the following new item:
24
‘‘7114. Internship program.’’.
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(c) DEADLINE.—The Secretary of Veterans Affairs
1
shall establish the internship program required by section
2
7114 of such title, as added by subsection (a), not later
3
than one year after the date of the enactment of this Act.
4
SEC. 6. BENEFITS FOR PARTICIPANTS IN CERTAIN PRO-
5
GRAMS OF THE DEPARTMENT OF VETERANS
6
AFFAIRS.
7
(a) ESTABLISHMENT.—Not later than one year after
8
the date of the enactment of this Act, the Secretary of
9
Veterans Affairs shall carry out a program to furnish cer-
10
tain benefits to covered participants.
11
(b) BENEFITS: STUDENT LOAN REPAYMENT; REIM-
12
BURSEMENTS.—
13
(1) IN
GENERAL.—Subject to an agreement
14
under paragraph (2), the Secretary shall provide to
15
each covered attorney—
16
(A) student loan repayment benefits under
17
section 5379 of title 5, United States Code, in
18
the case of a covered attorney who is eligible for
19
such benefits; and
20
(B) reimbursement for the cost of—
21
(i) enrollment in a course designed to
22
prepare an individual for licensure to prac-
23
tice law in a State;
24
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(ii) sitting for a bar examination in a
1
State; and
2
(iii) annual dues required to maintain
3
membership in the bar of any State.
4
(2) AGREEMENT.—The Secretary shall enter
5
into an agreement with a covered attorney who will
6
receive benefits under paragraph (1). Each such
7
agreement shall specify that—
8
(A) the covered attorney agrees to remain
9
in the service of the Department for a period of
10
not less than three years, unless involuntarily
11
separated; and
12
(B) if separated involuntarily on account
13
of misconduct, or voluntarily, before the end of
14
the period specified in the agreement, the cov-
15
ered attorney shall repay to the United States
16
the amount of any benefits received by the cov-
17
ered participant under paragraph (1).
18
(c) PROFESSIONAL DEVELOPMENT ACTIVITIES.—
19
(1) MENTORSHIP.—Not later than 90 days
20
after the date on which an individual becomes a cov-
21
ered participant, the Secretary shall assign the cov-
22
ered participant a mentor who is an employee of the
23
Department who is—
24
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(A) to the extent practicable, a managerial
1
employee; and
2
(B) outside the participant’s chain of com-
3
mand.
4
(2) ASSIGNMENTS.—At the election of a cov-
5
ered participant who has completed at least two
6
years of service to the Department, the Secretary
7
shall assign such covered participant to:
8
(A) The Office of General Counsel, in a
9
position—
10
(i) that includes full-time legal respon-
11
sibilities in order to further the profes-
12
sional development of the covered partici-
13
pant; and
14
(ii) for a period of not less than 120
15
days and not more than 180 days, or
16
longer at the discretion of the Secretary.
17
(B) In the case of a covered participant
18
who has already held a position described in
19
subparagraph (A), an assignment described in
20
clauses (i) and (ii) of such subparagraph with
21
the Board of Veterans’ Appeals.
22
(3) OTHER
ROTATIONAL
ASSIGNMENTS.—The
23
Secretary may provide a covered participant one or
24
more other short-term rotational assignments. Such
25
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an assignment shall be for a period of not less than
1
30 days and not more than 180 days, at the discre-
2
tion of the Secretary.
3
(d) PERIODIC REPORTS.—
4
(1) REPORTS REQUIRED.—Not later than three
5
years after the date on which the Secretary begins
6
to carry out the program under this section, and not
7
less frequently than once every three years there-
8
after, the Secretary shall submit to the Committee
9
on Veterans’ Affairs of the Senate and the Com-
10
mittee on Veterans’ Affairs of the House of Rep-
11
resentatives regarding such program.
12
(2) ELEMENTS.—Each report submitted under
13
paragraph (1) shall include the following elements:
14
(A) Costs to the United States to provide
15
benefits under subsection (b).
16
(B) The rates of retention of covered par-
17
ticipants compared to other employees of the
18
Department.
19
(C) Recommendations of the Secretary re-
20
garding legislative or administrative action to
21
improve such program.
22
(e) DEFINITIONS.—In this section:
23
(1) The term ‘‘covered attorney’’ means an in-
24
dividual who—
[Text truncated for display. Full text available on Congress.gov.]