Pub. L. 110-389, tit. II, subtit. B, sec. 221

PILOT PROGRAMS ON EXPEDITED TREATMENT OF FULLY DEVELOPED CLAIMS AND PROVISION OF CHECKLISTS TO INDIVIDUALS SUBMITTING CLAIMS.

EnactedYear: 2008Length: 784 wordsOfficial source
SEC. 221. PILOT PROGRAMS ON EXPEDITED TREATMENT OF FULLY DEVELOPED CLAIMS AND PROVISION OF CHECKLISTS TO INDIVIDUALS SUBMITTING CLAIMS.(a) Pilot Program on Expedited Treatment of Fully Developed Claims.—(1) In general.—The Secretary of Veterans Affairs shall carry out a pilot program to assess the feasibility and advisability of providing expeditious treatment of fully developed compensation or pension claims to ensure that such claims are adjudicated not later than 90 days after the date on which such claim is submitted as fully developed.(2) Duration of pilot program.—The pilot program under this subsection shall be carried out during the one-year period beginning on the date that is 60 days after the date of the enactment of this Act.(3) Program locations.—The pilot program under this subsection shall be carried out at 10 regional offices of the Department of Veterans Affairs selected by the Secretary for purposes of such pilot program.(4) Fully developed claim defined.—For purposes of this subsection, the term “fully developed claim” means a claim for a benefit under a law administered by the Secretary—(A) for which the claimant—(i) received assistance from a veterans service officer, a State or country veterans service officer, an agent, or an attorney; or(ii) submits along with the claim an appropriate indication that the claimant does not intend to submit any additional information or evidence in support of the claim and does not require additional assistance with respect to the claim; and(B) for which the claimant—(i) submits a certification in writing that is signed and dated by the claimant stating that, as of such date, no additional information or evidence is available or needs to be submitted in order for the claim to be adjudicated; and(ii) for which the claimant’s representative, if any, submits a certification in writing that is signed and dated by the representative stating that, as of such date, no additional information or evidence is available or needs to be submitted in order for the claim to be adjudicated.122 STAT. 4155(b) Pilot Program on Provision of Checklists to Individuals Submitting Claims.—(1) In general.—The Secretary shall carry out a pilot program to assess the feasibility and advisability of providing to a claimant for whom the Secretary is required under section 5103(a) of title 38, United States Code, to provide notice of required information and evidence to such claimant and such claimant’s representative, if any, a checklist that includes information or evidence required to be submitted by the claimant to substantiate the claim.(2) Duration of pilot program.—The pilot program under this subsection shall be carried out—(A) for original claims filed after the date of the enactment of this Act, during the one-year period beginning on the date that is 60 days after the date of the enactment of this Act; and(B) for claims to reopen and for claims for increased ratings that were filed after the date of the enactment of this Act, during the three-year period beginning on the date that is 60 days after the date of the enactment of this Act.(3) Program locations.—The pilot program under this subsection shall be carried out at four regional offices of the Department selected by the Secretary for purposes of such pilot program.(4) Construction.—A checklist provided under the pilot program under this subsection—(A) shall be construed to be an addendum to a notice provided under section 5103(a) of title 38, United Sates Code; and(B) shall not be considered as part of such notice for purposes of reversal or remand of a decision of the Secretary.(c) Reports.—(1) First initial report.—Not later than 335 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the pilot program under subsection (a) and the pilot program under subsection (b) with respect to claims described in subsection (b)(2)(A).(2) Second interim report.—Not later than 1,065 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the pilot program under subsection (b) with respect to claims described in subsection (b)(2)(B).(3) Elements of interim reports.—The reports required by paragraphs (1) and (2) shall include the following:(A) Data concerning the number and type of claims covered by the respective pilot program.(B) The findings of the Secretary with respect to the respective pilot program.(C) The recommendations of the Secretary on the feasibility and advisability of continuing or expanding the respective pilot program and any necessary modifications to such pilot program for continuation or expansion.(D) Such other information as the Secretary considers appropriate.122 STAT. 4156(4) Final report.—Not later than 180 days after the completion of each pilot program carried out under this section, the Secretary shall submit to Congress a final report on the feasibility and advisability of continuing or expanding the respective pilot program.
Pub. L. 110-389, tit. II, subtit. B, sec. 221: PILOT PROGRAMS ON EXPEDITED TREATMENT OF FULLY DEVELOPED CLAIMS AND PROVISION OF CHECKLISTS TO INDIVIDUALS SUBMITTING CLAIMS. | Justis AI