IMPROVEMENTS TO PROCESS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR CLOTHING ALLOWANCE CLAIMS.

SEC. 201. IMPROVEMENTS TO PROCESS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR CLOTHING ALLOWANCE CLAIMS.(a) Short Title.—This section may be cited as the . (b) Process for Clothing Allowance Claims.—Section 1162 of title 38, United States Code, is amended—(1) by striking “The Secretary under” and inserting:“(a) Eligibility Requirements.—The Secretary, under” ; (2) in paragraph (2)—(A) by striking “which (A) a physician” and inserting: “which—”“(A) a physician” ; and (B) by striking “, and (B) the Secretary” and inserting the following: “; and“(B) the Secretary” ; and (3) by adding at the end the following new subsections:“(b) Continuous Nature of Payments.—Payments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following:“(1) The date on which the veteran elects to no longer receive such payments. “(2) The date on which the Secretary determines the veteran is no longer eligible pursuant to subsection (c). “(c) Reviews of Claims.—(1) The Secretary shall, in accordance with this subsection, conduct reviews of a claim on which a clothing allowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance. “(2) The Secretary shall prescribe standards for determining whether a claim for a clothing allowance is based on a veteran’s wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication whose wear or tear or irreparable damage on a veteran’s outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use. “(3)(A) If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irreparable damage that is as likely as not subject to no change, the veteran shall continue to be deemed eligible for receipt of a clothing allowance under this section until the Secretary—“(i) receives notice under subparagraph (B); or136 STAT. 5447 “(ii) finds otherwise under subparagraph (C) or (D). “(B) The Secretary shall require a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, to notify the Secretary when the veteran terminates the wearing or use of such a prosthetic, orthopedic appliance, or medication. “(C) For each veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, the Secretary shall periodically review the veteran’s Department records for evidence that the veteran has terminated the wearing or use of such a prosthetic, orthopedic appliance, or medication. “(D) If a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, has received such clothing allowance beyond the prescribed or intended lifespan of such prosthetic, orthopedic appliance, or medication, the Secretary may periodically request the veteran to attest to continued usage. “(4) If the Secretary determines that a claim for a clothing allowance under subsection (a) does not meet the requirements of paragraph (3)(A), then the Secretary may require the veteran to recertify the veteran’s continued eligibility for a clothing allowance under this section periodically, but not more frequently than once each year. “(5) When reviewing a claim under this subsection, the Secretary shall evaluate the evidence presented by the veteran and such other relevant evidence as the Secretary determines appropriate. “(d) Determination Regarding Continued Eligibility.—If the Secretary determines, as the result of a review of a claim conducted under subsection (c), that the veteran who submitted such claim no longer meets the requirements specified in subsection (a), the Secretary shall—“(1) provide to the veteran notice of such determination that includes a description of applicable actions that may be taken following the determination, including the actions specified in section 5104C of this title; and “(2) discontinue the clothing allowance based on such claim.” . (c) Applicability.—The amendments made by subsection (b) shall apply with respect to—(1) claims for clothing allowance submitted on or after the date of the enactment of this Act; and (2) claims for clothing allowance submitted prior to the date of the enactment of this Act, if the veteran who submitted such claim is in receipt of the clothing allowance as of the date of the enactment of this Act.