Veterans' Claims Administrative Equity Act of 1990

Veterans' Claims Administrative Equity Act of 1990 - Directs the Secretary of Veterans Affairs, if a claim for compensation, dependency and indemnity compensation, or pension is not decided by the Secretary within 180 days of the date on which the claim is filed, to pay benefits in accordance with the claim until the claim is adjudicated. Requires the Secretary, in cases in which a claim is denied, the claimant files a Notice of Disagreement with the Secretary, and the Secretary does not certify the case to the Board of Veterans' Appeals within 180 days of the date of the filing of the Notice, to pay the benefits for which the claim was filed. Directs the Secretary, whenever the Board or the Court of Veterans Appeals remands a case to the Secretary involving a claim for benefits, to pay benefits in accordance with the claim retroactive to the first day of the first month after the month in which the decision appealed from was made.

Requires the Secretary, whenever a veteran is determined to be eligible for vocational rehabilitation and counseling services and is not interviewed by the Secretary within 60 days of such determination, to arrange for such services to be provided through an accredited agency on a fee basis.

Sets forth provisions applying this Act to claims filed before this Act's enactment.

 
HR 5793 IH
101st CONGRESS
2d Session
 H. R. 5793
To amend title 38, United States Code, to provide for the payment, on an
interim basis, of compensation, dependency, and indemnity compensation, and
pension to veterans and their survivors and dependents if their claims for
those benefits are not decided by the Department of Veterans Affairs within
specified time limits.
IN THE HOUSE OF REPRESENTATIVES
October 4, 1990
Mr. MCEWEN introduced the following bill; which was referred to the Committee
on Veterans' Affairs
A BILL
To amend title 38, United States Code, to provide for the payment, on an
interim basis, of compensation, dependency, and indemnity compensation, and
pension to veterans and their survivors and dependents if their claims for
those benefits are not decided by the Department of Veterans Affairs within
specified time limits.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Veterans' Claims Administrative Equity Act
  of 1990'.
SEC. 2. INTERIM BENEFITS WHEN CLAIMS NOT DECIDED WITHIN SPECIFIED PERIOD.
  (a) IN GENERAL- (1) Chapter 53 of title 38, United States Code, is amended
  by adding at the end the following new section:
`Sec. 3117. Payment of benefits on interim basis when claims not decided
within specified time limit
  `(a) If a claim for compensation, dependency and indemnity compensation,
  or pension is not decided by the Secretary within 180 days of the date on
  which the claim is filed, the Secretary shall pay benefits in accordance
  with the claim until the claim is adjudicated. Such benefits shall be paid
  effective on the first day of the first month beginning after the end of
  such 180-day period.
  `(b) In a case in which a claim described in subsection (a) is denied in
  whole or in part and the claimant files a Notice of Disagreement with
  the Secretary, if the Secretary does not certify the case to the Board
  of Veterans' Appeals within 180 days of the date of the filing of the
  Notice of Disagreement, the Secretary shall pay the benefits for which the
  claim was filed in accordance with the claim. Such benefits shall be paid
  effective on the first day of the first month beginning after the end of
  such 180-day period.
  `(c) Whenever the Board of Veterans' Appeals or the Court of Veterans
  Appeals remands a case to the Secretary involving a claim for benefits
  described in subsection (a), the Secretary shall pay benefits in accordance
  with the claim retroactive to the first day of the first month beginning
  after the month in which the decision appealed from was made.
  `(d) Payments made pursuant to subsection (a), (b), or (c) shall terminate
  effective on the last day of the month in which a decision resolving the
  claim is made.
  `(e) Any payment made pursuant to this section shall not be considered to
  be an overpayment and shall not otherwise be subject to recovery by the
  United States.
  `(f) In any case in which a veteran, having been determined to be eligible
  for vocational rehabilitation and counseling services under chapter 31 of
  this title, is not interviewed by the Secretary within 60 days after the
  date of such determination, the Secretary shall arrange for the provision
  of vocational rehabilitation and counseling services for the veteran to
  be provided through an accredited agency or institution (other than the
  Department) on a fee basis.
  `(g) Not later than February 1 of each year, the Secretary shall
  submit to the Committees on Veterans' Affairs of the Senate and House
  of Representatives a report on the operation of this section during the
  preceding fiscal year. Each such report shall describe--
  `(1) the ability of the Department during that fiscal year to meet the
  timeliness standards established by this section;
  `(2) the amount of benefits paid pursuant to this section during that
  fiscal year; and
  `(3) any recommendations of the Secretary for modifications to the timeliness
  standards established in this section, together with justification for
  such recommendations.'.
  (2) The table of sections at the beginning of such chapter is amended by
  adding at the end the following new item:
`3117. Payment of benefits on interim basis when claims not decided within
specified time limit.'.
  (b) TRANSITION- Section 3117 of title 38, United States Code, as added
  by subsection (a), shall apply with respect to claims for benefits filed
  with the Department of Veterans Affairs before the date of enactment of
  this Act as follows:
  (1) In the case of a claim that has not been decided as of the date
  of the enactment of this Act, the period prescribed in subsection (a)
  of such section shall run from the date of the enactment of this Act and
  shall extend (A) for 90 days from such date, in the case of a claim that
  had been pending as of such date for more than 180 days, and (B) for 180
  days from such date, in the case of a claim that has been pending as of
  such date for 180 days or less.
  (2) In the case of a claim that has been decided before such date and from
  which the veteran has filed a Notice of Disagreement before such date,
  the period prescribed in subsection (b) of such section shall run from the
  date of the enactment of this Act and shall extend (A) for 90 days from
  such date, in the case of a Notice of Disagreement that had been pending as
  of such date for more than 180 days, and (B) for 180 days from such date,
  in the case of a Notice of Disagreement that has been pending as of such
  date for 180 days or less.