Mike Bost
Representative for Illinois · Republican · United States
“(B) Elements.--The Secretary, in coordination with participating critical access hospitals, shall ensure that any contract, agreement, or other arrangement entered into under subparagraph (A) establishes criteria, as the Secretary considers appropriate, to ensure-- (i) the provision of timely, safe, and high-quality health care services t…”
“(B) Elements.--The Secretary, in coordination with participating critical access hospitals, shall ensure that any contract, agreement, or other arrangement entered into under subparagraph (A) establishes criteria, as the Secretary considers appropriate, to ensure-- (i) the provision of timely, safe, and high-quality health care services t…”
“(a) In General.--Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows: ``(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual a headstone or marker under this section, or any interment benefit under…”
“(a) In General.--Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows: ``(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual a headstone or marker under this section, or any interment benefit under…”
“(d) Update of Information on Providers.--Not later than one year after the date of the enactment of this Act, the Secretary, through the Office of Integrated Veteran Care or successor office, shall develop a process to ensure that third party administrators regularly, not less frequently than quarterly-- (1) update their lists of communit…”
“(d) Update of Information on Providers.--Not later than one year after the date of the enactment of this Act, the Secretary, through the Office of Integrated Veteran Care or successor office, shall develop a process to ensure that third party administrators regularly, not less frequently than quarterly-- (1) update their lists of communit…”
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“(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: ``1166A.”
“``(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.''.”
“``(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.”
“(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: ``Sec. 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.”
“(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. SEC. 111. IMPROVEMENTS TO PROCESSING AND OUTREACH REGARDING CLAIMS INVOLVING MILITARY SEXUAL TRAUMA.”
“(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.”
“(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.”
“(5) Comptroller general of the united states study.--The Comptroller General of the United States shall conduct a review of [[Page H4557]] the methodology and effectiveness of the 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.”
“(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 the 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.”
“(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.”
“(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.”
“(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.”
“(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.''.”
“(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.”
“(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.”
“(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.”
“(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.”
“(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.”
“(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.”
“(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).”
“SEC. 110. DISABILITY EXAMINATIONS: STUDY ON ACCESS IN RURAL AREAS; REVIEW OF TRAINING; REVIEW OF INADEQUATE OR UNNECESSARY EXAMINATIONS. (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.”
“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.”
“(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 the day that is 15 months after the date of the enactment of [[Page H4556]] 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.”
“``(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''.”
“``(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.”
“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).”
“(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. SEC. 109. IMPROVEMENTS TO TEMPORARY LICENSURE REQUIREMENTS FOR CONTRACT HEALTH CARE PROFESSIONALS WHO PERFORM MEDICAL DISABILITY EXAMINATIONS FOR THE DEPARTMENT OF VETERANS AFFAIRS. (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.”
“(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 on or after October 1, 2026.”
“(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.”
“(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.”
“(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. SEC. 108. REFORMS RELATING TO DEPARTMENT OF VETERANS AFFAIRS DISABILITY RATINGS.”
“(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.”
“(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 processor is made aware of, and assigned to address, such covered situation.”
“(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.”
“(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.”
“(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.”
“(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.”
“``(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: ``534. Annual report on causes of death among veterans''. SEC. 107. PLAN FOR USE OF AUTOMATION TOOLS TO PROCESS CLAIMS UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.”
“``(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 [[Page H4555]] ``(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.”
“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) 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. SEC. 106. ANNUAL REPORT ON CAUSES OF DEATH AMONG VETERANS. (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: ``Sec. 534.”
“(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.”
“(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.”
“(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.”
“(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) 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: ``7115. Annual report on Board of Veterans' Appeals''.”
“(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: ``Sec. 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) 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 subsection (b)(4)(B)(i), by striking ``under subsection (e)'' and inserting ``under paragraph (1) of subsection (e)''.”
“(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) 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.''.”