This Bill, I must tell you, started out
to NOT be very interesting. Even until
recent months, little was done with
it to draw our attention. However when
it got to the part of a floor vote,
apparently the House and the Senate
came together and weighed in on a
few matters and it was only in the past
few days that we actually got the
amended and revised version which
has now been signed into law.

For a time it was not even a Blip on
our radar that is how uninteresting this
Bill started out to be.

Everybody you will want to read
up on this whole thing to see what
it does and does not do.

I am giving to you here below,
first the main outline version of
what is sitting on the Thomas Register
and then also a paragraph excerpt
which specifically focuses upon
Veterans claims. Both cut and paste
transfers are listed below for
your quick read.

To find the entire thing, go into
wwww.senate.gov, click on the Legislation
Tab at the top, and then click on
THOMAS in that paragraph. Once you
are into the Thomas Register, Select
"Bill Number" and then type in the
ID: S. 3023 and then click on the
version which is the House and Senate
version passed by the floor vote.
Be sure you select the right version
of the Bill.

The Thomas Register will not let
me generate LINKS directly into there
so you will have to do this manually.

As we have seen in the many news
stories in this Forum page, both
the Army and the VA take turns
in ignoring all new legislation
so it's hard to see just how far
reaching 3023 will become when
it is implemented at the VA level.
But it is offered up as hope for
those who work this system all the
time and then see little progress
for their efforts.

I give you now, the extractions from
S. 3023 so you can read up on what
all of this will do for Veterans
comp and pen claims.


_______________________________________

S.3023 (ENR)


Veterans' Benefits Improvement Act of 2008 (Enrolled as Agreed to or Passed by Both House and Senate)

--------------------------------------------------------------------------------
Beginning

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

Sec. 1. Short title; table of contents.

Sec. 2. Reference to title 38, United States Code.

Sec. 105. Extension of temporary authority for the performance of medical disability examinations by contract physicians.

Sec. 211. Authority for temporary disability ratings.

Sec. 212. Substitution upon death of claimant.

Sec. 214. Advisory Committee on Disability Compensation.

Sec. 222. Office of Survivors Assistance.

Sec. 224. Independent assessment of quality assurance program.

Sec. 225. Certification and training of employees of the Veterans Benefits Administration responsible for processing claims.

Sec. 226. Study of performance measures for claims adjudications of the Veterans Benefits Administration.

Sec. 227. Review and enhancement of use of information technology in Veterans Benefits Administration.

Sec. 228. Study and report on improving access to medical advice.

Sec. 311. Reform of USERRA complaint process.

Sec. 312. Modification and expansion of reporting requirements with respect to enforcement of USERRA.

Sec. 314. Report on the employment needs of Native American veterans living on tribal lands.

Sec. 315. Equity powers.

Sec. 316. Waiver of residency requirement for Directors for Veterans' Employment and Training.

Sec. 317. Modification of special unemployment study to cover veterans of Post 9/11 Global Operations.

Sec. 322. Repeal of requirement for report to the Secretary of Veterans Affairs on prior training.

Sec. 323. Modification of waiting period before affirmation of enrollment in a correspondence course.

Sec. 324. Change of programs of education at the same educational institution.

Sec. 325. Repeal of certification requirement with respect to applications for approval of self-employment on-job training.

Sec. 326. Coordination of approval activities in the administration of education benefits.

Sec. 332. Increase in cap of number of veterans participating in independent living program.

Sec. 333. Report on measures to assist and encourage veterans in completing vocational rehabilitation.

Sec. 334. Longitudinal study of Department of Veterans Affairs vocational rehabilitation programs.

Sec. 402. Treatment of stillborn children as insurable dependents under Servicemembers' Group Life Insurance.

Sec. 403. Other enhancements of Servicemembers' Group Life Insurance coverage.

Sec. 404. Administrative costs of service disabled veterans' insurance.

Sec. 502. Report on impact of mortgage foreclosures on veterans.

Sec. 504. Enhancement of refinancing of home loans by veterans.

Sec. 505. Extension of certain veterans home loan guaranty programs.

Sec. 601. Temporary increase in number of authorized judges of the United States Court of Appeals for Veterans Claims.

Sec. 602. Protection of privacy and security concerns in court records.

Sec. 603. Recall of retired judges of the United States Court of Appeals for Veterans Claims.

Sec. 604. Annual reports on workload of the United States Court of Appeals for Veterans Claims.

Sec. 605. Additional discretion in imposition of practice and registration fees.

Sec. 701. Findings and purpose.

Sec. 702. Department of Veterans Affairs provision of assistance to United States Paralympics, Inc.

Sec. 703. Department of Veterans Affairs Office of National Veterans Sports Programs and Special Events.

Sec. 704. Comptroller General report.

Sec. 802. Three-year extension of authority to carry out income verification.

Sec. 803. Maintenance, management, and availability for research of assets of Air Force Health Study.

Sec. 805. Termination or suspension of contracts for cellular telephone service for certain servicemembers.

Sec. 806. Contracting goals and preferences for veteran-owned small business concerns.

Sec. 807. Penalties for violation of interest rate limitation under Servicemembers Civil Relief Act.

Sec. 808. Five-year extension of sunset provision for Advisory Committee on Minority Veterans.

Sec. 810. Memorial headstones and markers for deceased remarried surviving spouses of veterans.

TITLE I--COMPENSATION AND PENSION MATTERS

TITLE II--MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM

Subtitle A--Benefits Matters

Subtitle B--Assistance and Processing Matters

TITLE III--LABOR AND EDUCATION MATTERS

Subtitle A--Labor and Employment Matters

Subtitle B--Education Matters

Subtitle C--Vocational Rehabilitation Matters

TITLE IV--INSURANCE MATTERS

TITLE V--HOUSING MATTERS

TITLE VI--COURT MATTERS

TITLE VII--ASSISTANCE TO UNITED STATES

PARALYMPIC INTEGRATED ADAPTIVE SPORTS PROGRAM

TITLE VIII--OTHER MATTERS



______________________________________
End of Main Outline Summary

STARTING THE PARAGRAPH EXCERPT
ON VETERANS CLAIMS HERE
Sec. 211. Authority for temporary disability ratings.

Sec. 212. Substitution upon death of claimant.

Sec. 213. Report on compensation of veterans for loss of earning capacity and quality of life and on long-term transition payments to veterans undergoing rehabilitation for service-connected disabilities.

Sec. 214. Advisory Committee on Disability Compensation.

Subtitle B--Assistance and Processing Matters

Sec. 221. Pilot programs on expedited treatment of fully developed claims and provision of checklists to individuals submitting claims.

Sec. 222. Office of Survivors Assistance.

Sec. 223. Comptroller General report on adequacy of dependency and indemnity compensation to maintain survivors of veterans who die from service-connected disabilities.

Sec. 224. Independent assessment of quality assurance program.

Sec. 225. Certification and training of employees of the Veterans Benefits Administration responsible for processing claims.

Sec. 226. Study of performance measures for claims adjudications of the Veterans Benefits Administration.

Sec. 227. Review and enhancement of use of information technology in Veterans Benefits Administration.

Sec. 228. Study and report on improving access to medical advice.

TITLE III--LABOR AND EDUCATION MATTERS

Subtitle A--Labor and Employment Matters

Sec. 311. Reform of USERRA complaint process.

Sec. 312. Modification and expansion of reporting requirements with respect to enforcement of USERRA.

Sec. 313. Training for executive branch human resources personnel on employment and reemployment rights of members of the uniformed services.

Sec. 314. Report on the employment needs of Native American veterans living on tribal lands.

Sec. 315. Equity powers.

Sec. 316. Waiver of residency requirement for Directors for Veterans' Employment and Training.

Sec. 317. Modification of special unemployment study to cover veterans of Post 9/11 Global Operations.

Subtitle B--Education Matters

Sec. 321. Modification of period of eligibility for Survivors' and Dependents' Educational Assistance of certain spouses of individuals with service-connected disabilities total and permanent in nature.

Sec. 322. Repeal of requirement for report to the Secretary of Veterans Affairs on prior training.

Sec. 323. Modification of waiting period before affirmation of enrollment in a correspondence course.

Sec. 324. Change of programs of education at the same educational institution.

Sec. 325. Repeal of certification requirement with respect to applications for approval of self-employment on-job training.

Sec. 326. Coordination of approval activities in the administration of education benefits.

Subtitle C--Vocational Rehabilitation Matters

Sec. 331. Waiver of 24-month limitation on program of independent living services and assistance for veterans with a severe disability incurred in the Post-9/11 Global Operations period.

Sec. 332. Increase in cap of number of veterans participating in independent living program.

Sec. 333. Report on measures to assist and encourage veterans in completing vocational rehabilitation.

Sec. 334. Longitudinal study of Department of Veterans Affairs vocational rehabilitation programs.

TITLE IV--INSURANCE MATTERS

Sec. 401. Report on inclusion of severe and acute post-traumatic stress disorder among conditions covered by traumatic injury protection coverage under Servicemembers' Group Life Insurance.

Sec. 402. Treatment of stillborn children as insurable dependents under Servicemembers' Group Life Insurance.

Sec. 403. Other enhancements of Servicemembers' Group Life Insurance coverage.

Sec. 404. Administrative costs of service disabled veterans' insurance.

TITLE V--HOUSING MATTERS

Sec. 501. Temporary increase in maximum loan guaranty amount for certain housing loans guaranteed by Secretary of Veterans Affairs.

Sec. 502. Report on impact of mortgage foreclosures on veterans.

Sec. 503. Requirement for regular updates to handbook for design furnished to veterans eligible for specially adapted housing assistance by Secretary of Veterans Affairs.

Sec. 504. Enhancement of refinancing of home loans by veterans.

Sec. 505. Extension of certain veterans home loan guaranty programs.

TITLE VI--COURT MATTERS

Sec. 601. Temporary increase in number of authorized judges of the United States Court of Appeals for Veterans Claims.

Sec. 602. Protection of privacy and security concerns in court records.

Sec. 603. Recall of retired judges of the United States Court of Appeals for Veterans Claims.

Sec. 604. Annual reports on workload of the United States Court of Appeals for Veterans Claims.

Sec. 605. Additional discretion in imposition of practice and registration fees.

TITLE VII--ASSISTANCE TO UNITED STATES PARALYMPIC INTEGRATED ADAPTIVE SPORTS PROGRAM

Sec. 701. Findings and purpose.

Sec. 702. Department of Veterans Affairs provision of assistance to United States Paralympics, Inc.

Sec. 703. Department of Veterans Affairs Office of National Veterans Sports Programs and Special Events.

Sec. 704. Comptroller General report.

TITLE VIII--OTHER MATTERS

Sec. 801. Authority for suspension or termination of claims of the United States against individuals who died while serving on active duty in the Armed Forces.

Sec. 802. Three-year extension of authority to carry out income verification.

Sec. 803. Maintenance, management, and availability for research of assets of Air Force Health Study.

Sec. 804. National Academies study on risk of developing multiple sclerosis as a result of certain service in the Persian Gulf War and Post 9/11 Global Operations theaters.

Sec. 805. Termination or suspension of contracts for cellular telephone service for certain servicemembers.

Sec. 806. Contracting goals and preferences for veteran-owned small business concerns.

Sec. 807. Penalties for violation of interest rate limitation under Servicemembers Civil Relief Act.

Sec. 808. Five-year extension of sunset provision for Advisory Committee on Minority Veterans.

Sec. 809. Authority of Secretary of Veterans Affairs to advertise to promote awareness of benefits under laws administered by the Secretary.

Sec. 810. Memorial headstones and markers for deceased remarried surviving spouses of veterans.

SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code.

TITLE I--COMPENSATION AND PENSION MATTERS

SEC. 101. REGULATIONS ON CONTENTS OF NOTICE TO BE PROVIDED CLAIMANTS BY THE DEPARTMENT OF VETERANS AFFAIRS REGARDING THE SUBSTANTIATION OF CLAIMS.

(a) In General- Section 5103(a) is amended--

(1) by inserting `(1)' before `Upon receipt'; and

(2) by adding at the end the following new paragraph:

`(2)(A) The Secretary shall prescribe in regulations requirements relating to the contents of notice to be provided under this subsection.

`(B) The regulations required by this paragraph--

`(i) shall specify different contents for notice based on whether the claim concerned is an original claim, a claim for reopening a prior decision on a claim, or a claim for an increase in benefits;

`(ii) shall provide that the contents for such notice be appropriate to the type of benefits or services sought under the claim;

`(iii) shall specify for each type of claim for benefits the general information and evidence required to substantiate the basic elements of such type of claim; and

`(iv) shall specify the time period limitations required pursuant to subsection (b).'.

(b) Applicability- The regulations required by paragraph (2) of section 5103(a) of title 38, United States Code (as amended by subsection (a) of this section), shall apply with respect to notices provided to claimants on or after the effective date of such regulations.

SEC. 102. JUDICIAL REVIEW OF ADOPTION AND REVISION BY THE SECRETARY OF VETERANS AFFAIRS OF THE SCHEDULE OF RATINGS FOR DISABILITIES OF VETERANS.

Section 502 is amended by striking `(other than an action relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 1155 of this title)'.

SEC. 103. CONFORMING AMENDMENT RELATING TO NON-DEDUCTIBILITY FROM VETERANS' DISABILITY COMPENSATION OF DISABILITY SEVERANCE PAY FOR DISABILITIES INCURRED BY MEMBERS OF THE ARMED FORCES IN COMBAT ZONES.

(a) Conforming Amendment- Section 1646 of the Wounded Warrior Act (title XVI of Public Law 110-181; 122 Stat. 472) is amended--

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new subsection (c):

`(c) Conforming Amendment- Section 1161 of title 38, United States Code, is amended by striking `as required by section 1212(c) of title 10' and inserting `to the extent required by section 1212(d) of title 10'.'.

(b) Effective Date- The amendments made by subsection (a) shall take effect on January 28, 2008 (the date of the enactment of the Wounded Warrior Act), as if included in that Act, to which they relate.

SEC. 104. REPORT ON PROGRESS OF THE SECRETARY OF VETERANS AFFAIRS IN ADDRESSING CAUSES FOR VARIANCES IN COMPENSATION PAYMENTS FOR VETERANS FOR SERVICE-CONNECTED DISABILITIES.

(a) Report Required- Not later than one year 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 describing the progress of the Secretary in addressing the causes of unacceptable variances in compensation payments for veterans for service-connected disabilities.

(b) Elements- The report required under subsection (a) shall include the following:

(1) A description of the efforts of the Veterans Benefits Administration to coordinate with the Veterans Health Administration to improve the quality of examinations of veterans with service-connected disabilities that are performed by the Veterans Health Administration and contract clinicians, including efforts relating to the use of approved templates for such examinations and of reports on such examinations that are based on such templates prepared in an easily-readable format.

(2) An assessment of the current personnel requirements of the Veterans Benefits Administration, including an assessment of the adequacy of the number of personnel assigned to each regional office of the Administration for each type of claim adjudication position.

(3) A description of the differences, if any, in current patterns of claims submitted to the Secretary of Veterans Affairs regarding ratings for service-connected disabilities among various populations of veterans, including veterans living in rural and highly rural areas, minority veterans, veterans who served in the National Guard or Reserve, and veterans who are retired from the Armed Forces, and a description and assessment of efforts undertaken to reduce such differences.

SEC. 105. EXTENSION OF TEMPORARY AUTHORITY FOR THE PERFORMANCE OF MEDICAL DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS.

Section 704(c) of the Veterans Benefits Act of 2003 (Public Law 108-183; 117 Stat. 2651; 38 U.S.C. 5101 note) is amended by striking `December 31, 2009' and inserting `December 31, 2010'.

SEC. 106. ADDITION OF OSTEOPOROSIS TO DISABILITIES PRESUMED TO BE SERVICE-CONNECTED IN FORMER PRISONERS OF WAR WITH POST-TRAUMATIC STRESS DISORDER.

Section 1112(b)(2) is amended by adding at the end the following new subparagraph:

`(F) Osteoporosis, if the Secretary determines that the veteran has post-traumatic stress disorder (PTSD).'.

TITLE II--MODERNIZATION OF DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM

Subtitle A--Benefits Matters

SEC. 211. AUTHORITY FOR TEMPORARY DISABILITY RATINGS.

(a) In General- Chapter 11 is amended by inserting after section 1155 the following new section:
-`Sec. 1156. Temporary disability ratings


`(a) Assignment of Temporary Ratings- (1) For the purpose of providing disability compensation under this chapter to veterans, the Secretary shall assign a temporary disability rating to a veteran as follows:

`(A) To a veteran who--

`(i) was discharged or released from active duty not more than 365 days before the date such veteran submits a claim for disability compensation under this chapter;

`(ii) has one or more disabilities for which a rating of total is not immediately assignable--

`(I) under the regular provisions of the schedule of ratings; or

`(II) on the basis of individual unemployability; and

`(iii) has one or more--

`(I) severe disabilities that result in substantially gainful employment not being feasible or advisable; or

`(II) healed, unhealed, or incompletely healed wounds or injuries that make material impairment of employability likely.

`(B) To a veteran who, as a result of a highly stressful in-service event, has a mental disorder that is severe enough to bring about the veteran's discharge or release from active duty.

`(C) To a veteran who has a service-connected disability that requires hospital treatment or observation in a Department of Veterans Affairs or approved hospital for a period in excess of 21 days.

`(D) To a veteran who has a service-connected disability that has required convalescent care or treatment at hospital discharge (regular discharge or release to non-bed care) or outpatient release that meets the requirements of regulations prescribed by the Secretary.

`(2) With respect to a veteran described in paragraph (1)(A), the Secretary may assign a temporary disability rating to such veteran regardless of whether such veteran has obtained a medical examination or a medical opinion concerning such veteran's disability.

`(3) With respect to a veteran described in paragraph (1)(B), the Secretary shall schedule a medical examination for such veteran not later than six months after the separation or discharge of such veteran from active duty.

`(b) Termination of Temporary Disability Ratings- (1) Except as provided in paragraph (2), a temporary disability rating assigned to a veteran under this section shall remain in effect as follows:

`(A) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(A), until the later of the date that is--

`(i) 12 months after the date of discharge or release from active duty; or

`(ii) provided in regulations prescribed by the Secretary.

`(B) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(B), until the date on which a rating decision is issued to such veteran following the medical examination scheduled under subsection (a)(3).

`(C) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(C), until the later of the date that is--

`(i) the last day of the month in which the veteran is discharged from the hospital as described in such subsection (a)(1)(C); or

`(ii) provided in regulations prescribed by the Secretary.

`(D) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(D), until the date that is provided in regulations prescribed by the Secretary.

`(2) The Secretary may extend a temporary disability rating assigned to a veteran under subsection (a) beyond the applicable termination date under paragraph (1) if the Secretary determines that such an extension is appropriate.

`(c) Regulations- The Secretary shall prescribe regulations to carry out the provisions of this section.

`(d) Construction- Nothing in this section shall be construed to preclude the Secretary from providing a temporary disability rating under an authority other than this section.'.

(b) Application- Section 1156(a)(1) of title 38, United States Code, as added by subsection (a), shall apply with respect to a veteran who is discharged or released from active duty (as defined in section 101 of title 38, United States Code) on or after the date of the enactment of this Act.

(c) Clerical Amendment- The table of sections at the beginning of chapter 11 is amended by inserting after the item relating to section 1155 the following new item:

`1156. Temporary disability ratings.'.

SEC. 212. SUBSTITUTION UPON DEATH OF CLAIMANT.

(a) In General- Chapter 51 is amended by inserting after section 5121 the following new section:
`Sec. 5121A. Substitution in case of death of claimant


`(a) Substitution- (1) If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title may, not later than one year after the date of the death of such claimant, file a request to be substituted as the claimant for the purposes of processing the claim to completion.

`(2) Any person seeking to be substituted for the claimant shall present evidence of the right to claim such status within such time as prescribed by the Secretary in regulations.

`(3) Substitution under this subsection shall be in accordance with such regulations as the Secretary may prescribe.

`(b) Limitation- Those who are eligible to make a claim under this section shall be determined in accordance with section 5121 of this title.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 51 is amended by inserting after the item relating to section 5121 the following new item:

`5121A.

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END of Paragraph Excerpt from Main Outline