The House Veterans Affairs Committee
has just passed unanimously on vote,
H.R. 5892, the Veterans Disability Claims Modernization Act of 2008. We have known
this was coming and watched in on the
hearings for this. It is NOT a panacea bill
like we would like to see, but it is for
sure, a major step forward in the
full implementation of the VDBC Commission
recommendations. On the down side,
it adds more delay and PROCESS to
arriving at a national fix and the
solutions of the all-broken VA claims
system. On the other hand, it is better
than silence and no implementation
at all on one of the central core
findings from the 2 year review of
the VDBC and the Institute of Medicine.

The Bill goes next to a full House
of Representatives vote before going
to the Senate and is now out of committee.

We embrace this Bill as being favorable
to Veterans, but we also caution that
more of the VDBC implementation still
needs to be done.

Here below is the posted Language
of H.R. 5892 and some of the excerpts
that I had time to transfer over to
you for reading.

You can go into the Thomas Register
at www.House.gov and type in the
bill ID to call it up so you can
access all the other LINKS. It
isn't possible to generate a direct
LINK that I can then post here as
I usually do on associated press
releases. So you will have to muck
through the chain of hookups to
get into the Thomas Register from
www.House.gov which is towards the
upper top of the page once you get
in under Legislation for Thomas's.

Please understand you can see much
of these texts included in the final
report to Congress from the VDBC
Commission. www.VetsCommission.org
which is still on-line even though
the commission has dismantled.

The hallmark of this Bill is the
much anticipated Advisory Committee
asked for by the VDBC to do
the oversight VDBC implementations
which was sponsored at the 11th
hour by former VDBC Commissioner
Jennifer Carroll. She asked for
this during the Edits and Goodbye
session of the VDBC to ensure that
the VDBC report would not end
into a "free-for-all" by VSO's
and other incompetent types but
instead, would be ushered in by
agency insiders who were expressly
charged with ACCOUNTABILITY to
implement the report in the very
best interest of VETERANS and to
ensure a perfect fit with other
existing internal systems with
the least amount of disruption
if no changes were needed.

This H.R. 5892 should be hailed
as one of the victories scored
by all of us Activistst who hung on
by our white knuckles at the VDBC
hearings in spite of the gruelling
2 year hearing process, and managed
to follow this odessy straight into
the bitter end.

This Bill is a tribute to former
VDBC Chairman General James Terry
Scott, and it is truly his gift
to all Veterans. Also in special
memory of this Bill, is deceased
former Commissioner Butch Joeckel
who worked to get these commission
recommendations pushed through
on a consensus with the other
Commissioners.


________________________________________



H.R.5892
Veterans Disability Benefits Claims Modernization Act of 2008 (Introduced in House)

--------------------------------------------------------------------------------

Beginning
April 24, 2008

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

Sec. 1. Short title; table of contents.

SEC. 2. FINDINGS.

TITLE I--MATTERS RELATING TO MODERNIZING THE DISABILITY COMPENSATION SYSTEM OF DEPARTMENT OF VETERANS AFFAIRS

SEC. 101. CLARIFICATION OF MEANING OF `COMBAT WITH THE ENEMY' FOR PURPOSES OF SERVICE-CONNECTION OF DISABILITIES.

SEC. 102. STUDY ON READJUSTMENT OF SCHEDULE FOR RATING DISABILITIES.

(a) Study on Adjustment of Schedule-

(1) STUDY REQUIRED- The Secretary of Veterans Affairs shall conduct a study on adjusting the schedule for rating disabilities adopted and applied by the Secretary under section 1155 of title 38, United States Code, so as to base the schedule on standards, practices, and codes in common use by the medical, mental health, and disability professions that are current as of the date of the enactment of this Act.

(2) CONTENTS OF STUDY- In conducting the study under this subsection, the Secretary shall--

(A) determine how the schedule could be adjusted to take into account the loss of quality of life and loss of earnings that result from specific disabilities;

(B) examine the nature of the disabilities for which disability compensation is payable under laws other than laws administered by the Secretary;

(C) examine whether disparities exist between the rating of physical and mental disabilities, especially with respect to how the severity of mental disabilities should be adjudicated to ensure parity with physical disabilities whereby a veteran can be rated totally disabled while maintaining some level of employment;

(D) measure the effect of disabilities on the psychological states, physical integrity, and social adaptability of veterans with such disabilities; and

(E) examine the effect of a veteran's injury or combination of injuries on--

(i) the average loss of the veteran's earnings capacity, including the veteran's inability to work in certain occupations;

(ii) the veteran's quality of life, including activities of independent living, recreational and community activities, and personal relationships, including the inability to participate in favorite activities, social problems related to disfigurement or cognitive difficulties, and the need to spend increased amounts of time performing activities of daily living; and

(iii) the extent to which benefits for veterans may be used to encourage veterans to seek and undergo vocational rehabilitation.

(3) CONSULTATION- In conducting the study under this subsection, the Secretary shall consult with appropriate public and private entities, agencies, and veterans service organizations, and shall employ consultants.

(4) DEADLINE FOR COMPLETION- The Secretary shall complete the study required under this subsection by not later than 180 days after the date of the enactment of this Act.

(5) REPORT TO CONGRESS- Not later than 60 days after completing the study required under this subsection, the Secretary shall submit to Congress a report on the study. The report shall include--

(A) the results of the study on quality of life and the payment of compensation for service-connected disabilities for which the Secretary entered into a contract on January 28, 2008;

(B) the Secretary's findings and conclusions with respect to adjusting the schedule for rating disabilities adopted and applied by the Secretary under section 1155 of title 38, United States Code, to account for the loss of quality of life and loss of earnings that result from specific disabilities;

(C) the Secretary's findings and conclusions with respect to--

(i) the report of the Veterans' Disability Benefits Commission;

(ii) the report of the President's Commission on the Care for America's Returning Wounded Warriors;

(iii) the report of the Institute of Medicine entitled `A 21st Century System for Evaluating Veterans for Disability Benefits'; and

(iv) any other independent or advisory commission report on matters relating to such schedule that the Secretary determines is appropriate;

(D) the Secretary's recommendations with respect to the appropriate disabilities for inclusion in the schedule;

(E) the Secretary's recommendations with respect to the amount of compensation payable to veterans for the loss of quality of life and the basis for such recommendations;

(F) the Secretary's recommendations with respect to the amount of compensation payable to veterans for average loss of earnings capacity and the appropriate standards for determining whether a disability has caused a veteran to incur a loss of earnings capacity;

(G) the Secretary's assessment of the effect of the treatment of mental disabilities under the schedule for rating disabilities, as in effect on the date of the enactment of this Act; and

(H) the Secretary's determination with respect to whether the regulations prescribed pursuant to section 1154 of title 38, United States Code, are consistent with providing, to the maximum extent possible, the benefit of the doubt to veterans covered by that section in the absence of official military records pertaining to the service-connection of a veteran's disability, and in particular, of post-traumatic stress disorder, when a determination of service-connection would be consistent with the duties, conditions, and hardships of service in the Armed Forces.

(b) Submission of Plan-

(1) PLAN REQUIRED- Not later than 120 days after the date on which the Secretary submits the report required under subsection (a)(5), the Secretary shall submit to Congress a plan to readjust the schedule for rating disabilities adopted and applied by the Secretary under section 1155 of title 38, United States Code. In developing the plan required under this subsection, the Secretary shall consider the report submitted under subsection (a)(5) and shall provide for the readjustment of such schedule for rating disabilities to--

(A) align the schedule with medical concepts considered best practices as of the date of the enactment of this Act, including those provided in the Current Procedural Terminology Manual, International Classification of Diseases, the Diagnostic and Statistical Manual of Mental Disorders, and applicable American Medical Association Guides;

(B) bridge the gap between the schedule, as in effect on the date of the enactment of this Act, and medical understandings, as of such date, of injuries and diseases and the affects of such injuries and diseases on the ability of a person suffering from them to function;

(C) prioritize such readjustment with respect to post-traumatic stress disorder, other mental disorders, neurological disorders, traumatic brain injury, orthopedic disabilities, and digestive disabilities;

(D) ensure that the schedule is automated in accordance with the review and comprehensive plan of the Secretary under section 110 of this Act; and

(E) ensure that a transition plan is provided to ease the transition from the schedule for rating disabilities, as in effect on the date of the enactment of this Act, to the implementation of the schedule for rating disabilities, as proposed to be readjusted by the plan under this subsection.

(2) TIMELINE FOR READJUSTMENT- The Secretary shall include in the plan submitted under the subsection a proposed timeline for when the Secretary intends to readjust the schedule. Such proposed timeline may not exceed three years.

(c) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out subsections (a) and (b).

(d) Advisory Committee on Disability Compensation-

(1) ESTABLISHMENT- Subchapter III of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section:


`Sec. 546. Advisory Committee on Disability Compensation

Sec. 546. Advisory Committee on Disability Compensation

`(a) Establishment- (1) There is in the Department the Advisory Committee on Disability Compensation (hereinafter in this section referred to as the `Committee').

`(2) The Committee shall consist of not more than 18 members appointed by the Secretary from among individuals who--

`(A) have demonstrated significant civic or professional achievement; and

`(B) have experience with the provision of disability compensation by the Department or are leading medical or scientific experts in relevant fields.

`(3) The Secretary shall seek to ensure that members appointed to the Committee include individuals from a wide variety of geographic areas and ethnic backgrounds, individuals from veterans service organizations, individuals with combat experience, and women.

`(4) The Secretary shall determine the terms of service and pay and allowances of the members of the Committee, except that a term of service may not exceed two years. The Secretary may reappoint any member for additional terms of service.

`(b) Responsibilities of Committee- (1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the maintenance and periodic readjustment of the schedule for rating disabilities under section 1155 of this title.

`(2)(A) In providing advice to the Secretary under this subsection, the Committee shall--

`(i) assemble and review relevant information relating to the needs of veterans with disabilities;

`(ii) provide information relating to the nature and character of disabilities arising from service in the Armed Forces;

`(iii) provide an on-going assessment of the effectiveness of the schedule for rating disabilities; and

`(iv) provide on-going advice on the most appropriate means of responding to the needs of veterans relating to disability compensation in the future.

`(B) In carrying out its duties under subparagraph (A), the Committee shall take into special account the needs of veterans who have served in a theater of combat operations.

`(c) Annual Report- (1) Not later than March 31 of each year, the Committee shall submit to the Secretary a report on the programs and activities of the Department that relate to the payment of disability compensation. Each such report shall include--

`(A) an assessment of the needs of veterans with respect to disability compensation;

`(B) a review of the programs and activities of the Department designed to meet such needs; and

`(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate.

`(2) Not later than 90 days after the receipt of a report under paragraph (1), the Secretary shall transmit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of the report, together with any comments and recommendations concerning the report that the Secretary considers appropriate.

`(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate.

`(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to that section.

`(d) Applicability of Federal Advisory Committee Act- (1) Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Committee under this section.

`(2) Section 14 of such Act shall not apply to the Committee.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter III the following new item:

`546. Advisory Committee on Disability Compensation.'.


SEC. 103. STUDY ON EMPLOYEE WORK CREDIT SYSTEM OF VETERANS BENEFITS ADMINISTRATION.

SEC. 104. STUDY ON WORK MANAGEMENT SYSTEM.

SEC. 105. CERTIFICATION AND TRAINING OF EMPLOYEES OF VETERANS BENEFITS ADMINISTRATION RESPONSIBLE FOR PROCESSING CLAIMS.

`Sec. 7735. Employee certification

SEC. 106. ANNUAL ASSESSMENT OF QUALITY ASSURANCE PROGRAM.

`Sec. 5109C. Expedited treatment of fully developed claims

SEC. 108. STUDY AND REPORT ON EMPLOYING MEDICAL PROFESSIONALS TO ASSIST EMPLOYEES OF VETERANS BENEFITS ADMINISTRATION.

SEC. 109. ASSIGNMENT OF PARTIAL DISABILITY RATINGS TO QUALIFYING VETERANS.

`Sec. 1156. Partial disability ratings

SEC. 110. REVIEW AND ENHANCEMENT OF USE OF INFORMATION TECHNOLOGY AT VETERANS BENEFITS ADMINISTRATION.

SEC. 111. TREATMENT OF CLAIMS UPON DEATH OF CLAIMANT.

`Sec. 5121A. Substitution in case of death of claimant

TITLE II--MATTERS RELATING TO UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SEC. 201. ANNUAL REPORTS ON WORKLOAD OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.

`Sec. 7288. Annual report

SEC. 202. MODIFICATION OF JURISDICTION AND FINALITY OF DECISIONS OF UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.

_____________________________________________

FOOTNOTE:

THIS SECTION 107 IS NOT INCLUDED IN
THE FINAL APPROVED COMMITTEE TEXT
BUT STILL APPEARS IN THE THOMAS
REGISTER ITSELF. SO BE WARY OF THIS
BECAUSE VETERANS MAY WISH TO HAVE
THIS SECTION 107 STRICKEN FROM THE
BILL. THE REASON WHY IS IT ONCE AGAIN,
IMPOSES A HUGE BURDEN ON THE VETERAN
FOR VA RATER SCREWUPS. I HAVE A
CASE THAT WAS DENIED ON REMAND
FOR DOCTORS WHO ARE KNOWN TO BE
DEAD, AND FOR HOSPITALS WHERE I HAVE
NEVER BEEN TREATED AT, ALL BECAUSE
THE VA RATER MISREAD CORRESPONDENCES
AND WAS A COMPLETE MORE.

ALSO, VETERANS HAVE A CONSTITUTIONAL
RIGHT TO "FREEDOM OF ASSOCIATION"
AND ARE NOT REQUIRED TO BE "FORCE
MEMBERED" INTO VSO'S AND PAY
FEES TO CLUBS WHICH THAT VETERAN
DOES NOT BELIEVE IN. THIS WOULD
NOT SURVIVE A CLASS ACTION LAWSUIT
SO BE AWARE THIS IS ONCE AGAIN
AN ATTEMPT TO FORCE VETERANS TO
JOIN CLUBS WHO THEY DO NOT
SUPPORT IN PHILOSOPHY.

AND ON A FINAL NOTE, THIS SECTION
107 IS TANTAMOUNT TO A KICKBACK
SCHEME WHICH PEOPLE IN CONGRESS
ARE PROSECUTED FOR ALL THE TIME.
KICKBACKS ARE ILLEGAL TO THE VSO'S
AND IT IS HERE THAT DUMB SHOWS
ITSELF ONCE AGAIN WITH THE VSO'S
AND THE OLE BOY OBSESSION WITH THEM.
WE WILL BE GLAD TO BE THE ONES
TO DO THE FILING AT THE DEPT.
OF JUSTICE FOR KICKBACKS IF THIS
IS WHAT THE HOUSE COMMITTEE IS
ASKING FOR.

SO THIS SECTION 107 WORKS AGAINST
VETERANS AND IT IS WORTH LOOKING
INTO TO HAVE THIS ENTIRE SECTION
STRICKEN FROM THE RECORD.

HERE IS THE SECTION 107 TEXT WHICH
DOES NOT APPEAR IN THE FINAL VERSION
POSTED AT THE HOUSE VETERANS COMMITTEE:



SEC. 107. EXPEDITED TREATMENT OF FULLY DEVELOPED CLAIMS AND REQUIREMENT FOR CHECKLIST TO BE PROVIDED TO INDIVIDUALS SUBMITTING INCOMPLETE CLAIMS.

(a) Expedited Treatment of Fully Developed Claims-

(1) IN GENERAL- Subchapter I of chapter 51 of title 38, United States Code, is amended by adding at the end the following new section:

`Sec. 5109C. Expedited treatment of fully developed claims

`(a) Expedited Treatment Required- The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the appropriate regional office of the Veterans Benefits Administration of any fully developed claim to ensure that any such claim is adjudicated not later than 90 days after the date on which the claim is submitted.

`(b) Notice of Required Information and Evidence- Nothing in this section shall affect the responsibility of the Secretary to provide notice under section 5103 to a claimant and a claimant's representative of required information and evidence that is necessary to substantiate a fully developed claim.

`(c) Fully Developed Claim Defined- For purposes of this section, the term `fully developed claim' means a claim for a benefit under a law administered by the Secretary--

`(1) for which the claimant--

`(A) received assistance from a veterans service officer, a State or county veterans service officer, an agent, or an attorney; or

`(B) submits along with the claim an appropriate indication that the claimant does not intend to submit any additional information in support of the claim and does not require additional assistance with respect to the claim; and

`(2) for which the claimant submits a certification in writing that is signed by the claimant stating that at the time of signature, no additional information is available or needs to be submitted in order for the claim to be adjudicated.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to subchapter I the following new item:

`5109C. Expedited treatment of fully developed claims.'.

(3) DEADLINES FOR IMPLEMENTATION- By not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a process for expediting claims under section 5109C of title 38, United States Code, as added by paragraph (1).

(b) Provision of Checklist to Individuals Submitting Incomplete Claims-

(1) CHECKLIST- Section 5103 of title 38, United States Code, is amended--

(A) by redesignating subsection (b) as subsection (c); and

(B) by inserting after subsection (a) the following new subsection (b):

`(b) Provision of Checklist- In providing notice of required information and evidence to a claimant and a claimant's representative, if any, under subsection (a), the Secretary shall provide to the claimant and any such representative a checklist that includes a detailed description of information or evidence required to be submitted by the claimant to substantiate the claim.'.

(2) EFFECTIVE DATE- Subsection (b) of section 5103 of title 38, United States Code, as added by paragraph (1) shall apply with respect to notice provided after the date that is one year after the date of the enactment of this Act.

(3) DEADLINE FOR CREATION OF CHECKLIST- By not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall create the checklist required under such subsection, as so added.

(4) SUBMITTAL TO CONGRESS- Not later than 60 days after the Secretary creates the checklist required by such subsection, as so added, the Secretary shall submit to Congress the checklist.

END OF SECTION 107


UPDATE NOTE: A criminal complaint has
been filed with the Dept. of Justice
with a copy going into the White House
to launch an investigation, partly
because of the construction of this
Section 107 clause, to investigate the
relationship between the VSO "Clubs"
and the members of the House Veterans
Affairs Committee. This does not mean
the DOJ will react appropriately to
the request, as DOJ itself is notorious
for being as broken and dysfunctional
as the VA agency itself. It only
establishes that we have begun the process
of OUTTING the corruption and incompetency
practices which fuels the overall
VA disability claims system.

Every review, study and investigation
into the VA claims crisis has firmly
concluded that the root cause of the
crisis is brought on by the incompetence
and malpractice of VA Raters and the
VSO's themselves and NOT the Veterans.
And yet Section 107 attempts to put
the blame squarely on the Veterans
in full defiance of what oversight
authorities, including the GAO
have already stated in reports.
The VA Raters and the VSO's are
malpracticed, end of story.

We have moved to STRIKE this Section 107
from the Bill, if only because it
seeks to overwrite other existing
Court citations which already works
to the advantage of Veterans. This
Section 107 is an attempt to force
member Veterans into "Clubs" under
the false pretense that they will
receive a "licensed lawyer" to help
them with their claims, when in fact,
the VSO's uses no such lawyers at
all. We want this issue of VSO Clubs
ADDRESSED to the favor of Veterans
and therefore, we have asked for the
review of law enforcement.

This message has been edited. Last edited by: McClellanVet,

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