§5101. Claims and forms

(a) A specific claim in the form prescribed by the Secretary (or jointly with the Secretary of Health and Human Services, as prescribed by section 5105 of this title) must be filed in order for benefits to be paid or furnished to any individual under the laws administered by the Secretary.

(b)(1) A claim by a surviving spouse or child for compensation or dependency and indemnity compensation shall also be considered to be a claim for death pension and accrued benefits, and a claim by a surviving spouse or child for death pension shall be considered to be a claim for death compensation (or dependency and indemnity compensation) and accrued benefits.

(2) A claim by a parent for compensation or dependency and indemnity compensation shall also be considered to be a claim for accrued benefits.

(c)(1) Any person who applies for or is in receipt of any compensation or pension benefit under laws administered by the Secretary shall, if requested by the Secretary, furnish the Secretary with the social security number of such person and the social security number of any dependent or beneficiary on whose behalf, or based upon whom, such person applies for or is in receipt of such benefit. A person is not required to furnish the Secretary with a social security number for any person to whom a social security number has not been assigned.

(2) The Secretary shall deny the application of or terminate the payment of compensation or pension to a person who fails to furnish the Secretary with a social security number required to be furnished pursuant to paragraph (1) of this subsection. The Secretary may thereafter reconsider the application or reinstate payment of compensation or pension, as the case may be, if such person furnishes the Secretary with such social security number.

(3) The costs of administering this subsection shall be paid for from amounts available to the Department of Veterans Affairs for the payment of compensation and pension.

( Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1225 , §3001; Pub. L. 97–295, §4(95)(A), Oct. 12, 1982, 96 Stat. 1313 ; Pub. L. 99–576, title VII, §701(61), Oct. 28, 1986, 100 Stat. 3296 ; Pub. L. 101–508, title VIII, §8053(a), Nov. 5, 1990, 104 Stat. 1388–352 ; renumbered §5101 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238 , 239; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405 .)

Prior Provisions

Prior section 5101 was renumbered section 8301 of this title.

Amendments

1991-Pub. L. 102–40, §402(b)(1), renumbered section 3001 of this title as this section.

Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" after "prescribed by the".

Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

Pub. L. 102–40, §402(d)(1), substituted "5105" for "3005".

1990-Subsec. (c). Pub. L. 101–508 added subsec. (c).

1986-Subsec. (b)(1). Pub. L. 99–576 substituted "surviving spouse or" for "widow or" in two places.

1982-Subsec. (a). Pub. L. 97–295 substituted "Health and Human Services" for "Health, Education, and Welfare".

Pilot Program for Use of Contract Physicians for Disability Examinations

Pub. L. 104–275, title V, §504, Oct. 9, 1996, 110 Stat. 3341 , provided that:

"(a) Authority.-The Secretary of Veterans Affairs, acting through the Under Secretary for Benefits, may conduct a pilot program under this section under which examinations with respect to medical disability of applicants for benefits under laws administered by the Secretary that are carried out through the Under Secretary for Benefits may be made by persons other than employees of the Department of Veterans Affairs. Any such examination shall be performed pursuant to contracts entered into by the Under Secretary for Benefits with those persons.

"(b) Limitation.-The Secretary may carry out the pilot program under this section through not more than 10 regional offices of the Department of Veterans Affairs.

"(c) Source of Funds.-Payments for contracts under the pilot program under this section shall be made from amounts available to the Secretary of Veterans Affairs for payment of compensation and pensions.

"(d) Report to Congress.-Not later than three years after the date of the enactment of this Act [Oct. 9, 1996], the Secretary shall submit to the Congress a report on the effect of the use of the authority provided by subsection (a) on the cost, timeliness, and thoroughness of medical disability examinations."

Expedited Treatment of Remanded Claims

Pub. L. 103–446, title III, §302, Nov. 2, 1994, 108 Stat. 4658 , as amended by Pub. L. 105–368, title V, §512(c), Nov. 11, 1998, 112 Stat. 3342 , provided that: "The Secretary of Veterans Affairs shall take such actions as may be necessary to provide for the expeditious treatment, by the Board of Veterans' Appeals and by the regional offices of the Veterans Benefits Administration, of any claim that has been remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action."

Veterans' Claims Adjudication Commission

Pub. L. 103–446, title IV, Nov. 2, 1994, 108 Stat. 4659 , as amended by Pub. L. 104–275, title V, §503(a), Oct. 9, 1996, 110 Stat. 3341 , provided that:

"SEC. 401. ESTABLISHMENT OF COMMISSION.

"(a) Establishment of Commission.-There is hereby established a commission to be known as the Veterans' Claims Adjudication Commission (hereinafter in this title referred to as the 'commission').

"(b) Membership.-(1) The commission shall be composed of nine members, appointed by the Secretary of Veterans Affairs as follows:

"(A) One member shall be appointed from among former officials of the Department of Veterans Affairs (or the Veterans' Administration).

"(B) Two members shall be appointed from among individuals in the private sector who have expertise in the adjudication of claims relating to insurance or similar benefits.

"(C) Two members shall be appointed from among individuals employed in the Federal Government (other than the Department of Veterans Affairs) who have expertise in the adjudication of claims for benefits under Federal law other than under laws administered by the Secretary of Veterans Affairs.

"(D) Two members shall be appointed from among individuals recommended to the Secretary by representatives of veterans service organizations.

"(E) One member shall be appointed based on a recommendation of the American Bar Association or a similar private organization from among individuals who have expertise in the field of administrative law.

"(F) One member shall be appointed from among current officials of the Department of Veterans Affairs.

"(2) The appointment of members of the commission under this subsection shall be made not later than February 1, 1995.

"(c) Period of Appointment; Vacancies.-Members of the commission shall be appointed for the life of the commission. A vacancy in the commission shall not affect its powers, but shall be filled in the same manner as the original appointment.

"(d) Initial Meeting.-The commission shall hold its first meeting not later than 30 days after the date on which all members of the commission have been appointed.

"(e) Meetings.-The commission shall meet at the call of the chairman.

"(f) Quorum.-A majority of the members of the commission shall constitute a quorum, but a lesser number may hold hearings.

"(g) Chairman.-The Secretary shall designate a member of the commission (other than the commission member who is a current official of the Department of Veterans Affairs) to be chairman of the commission.

"SEC. 402. DUTIES OF THE COMMISSION.

"(a) In General.-The commission shall carry out a study of the Department of Veterans Affairs system for the disposition of claims for veterans benefits.

"(b) Purpose of Study.-The purpose of the study is to evaluate the Department of Veterans Affairs system for the disposition of claims for veterans benefits in order to determine the following:

"(1) The efficiency of current processes and procedures under the system for the adjudication, resolution, review, and final disposition of claims for veterans benefits, including the effect of judicial review on the system, and means of increasing the efficiency of the system.

"(2) Means of reducing the number of claims under the system for which final disposition is pending.

"(3) Means of enhancing the ability of the Department of Veterans Affairs to achieve final determination regarding claims under the system in a prompt and appropriate manner.

"(c) Contents of Study.-The study to be carried out by the commission under this section is a comprehensive evaluation and assessment of the Department of Veterans Affairs system for the disposition of claims for veterans benefits (as defined in section 406) and of the system for the delivery of such benefits, together with any related issues that the commission determines are relevant to the study. The study shall include an evaluation and assessment of the following:

"(1) The preparation and submission of claims by veterans under the system.

"(2) The processes and procedures under the system for the disposition of claims, including-

"(A) the scope and nature of the review undertaken with respect to a claim at each stage in the claims disposition process, including the role of hearings throughout the process;

"(B) the number, Federal employment grade, and experience and qualifications required of the persons undertaking such review at each such stage;

"(C) opportunities for the submittal of new evidence; and

"(D) the availability of alternative means of completing claims.

"(3) The effect on the system of the participation of attorneys, members of veterans service organizations, and other advocates on behalf of veterans.

"(4) The effect on the system of actions taken by the Secretary to modernize the information management system of the Department, including the use of electronic data management systems.

"(5) The effect on the system of any work performance standards used by the Secretary at regional offices of the Department and at the Board of Veterans' Appeals.

"(6) The extent of the implementation in the system of the recommendations of the Blue Ribbon Panel on Claims Processing submitted to the Committees on Veterans' Affairs of the Senate and House of Representatives on December 2, 1993, and the effect of such implementation on the system.

"(7) The effectiveness in improving the system of any pilot programs carried out by the Secretary at regional offices of the Department and of efforts by the Secretary to implement such programs throughout the system.

"(8) The effectiveness of the quality control practices and quality assurance practices under the system in achieving the goals of such practices.

"(d) Cooperation of Secretary.-Upon the request of the chairman of the commission, the Secretary shall, within 30 days of such request, submit to the commission, and to the Committees on Veterans' Affairs of the Senate and House of Representatives, such information as the chairman shall determine is necessary for the commission to carry out the study required under this section.

"(e) Reports.-(1) Not later than one year after the date of the enactment of this Act [Nov. 2, 1994], the commission shall submit to the Secretary and to the Committees on Veterans' Affairs of the Senate and House of Representatives a preliminary report on the study required under subsection (c). The report shall contain the preliminary findings and conclusions of the commission with respect to the evaluation and assessment required under the study.

"(2) Not later than December 31, 1996, the commission shall submit to the Secretary and to such committees a report on such study. The report shall include the following:

"(A) The findings and conclusions of the commission, including its findings and conclusions with respect to the matters referred to in subsection (c).

"(B) The recommendations of the commission for means of improving the Department of Veterans Affairs system for the disposition of claims for veterans benefits.

"(C) Such other information and recommendations with respect to the system as the commission considers appropriate.

"SEC. 403. POWERS OF THE COMMISSION.

"(a) Hearings.-The commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the commission considers advisable to carry out the purposes of this title.

"(b) Information From Federal Agencies.-In addition to the information referred to in section 402(d), the commission may secure directly from any Federal department or agency such information as the commission considers necessary to carry out the provisions of this title. Upon request of the chairman of the commission, the head of such department or agency shall furnish such information to the commission.

"(c) Postal Services.-The commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

"(d) Gifts.-The commission may accept, use, and dispose of gifts or donations of services or property.

"SEC. 404. COMMISSION PERSONNEL MATTERS.

"(a) Compensation of Members.-Each member of the commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the commission. All members of the commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

"(b) Travel Expenses.-The members of the commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the commission.

"(c) Staff.-(1) The chairman of the commission may, without regard to the civil service laws and regulations, appoint an executive director and such other personnel as may be necessary to enable the commission to perform its duties. The appointment of an executive director shall be subject to approval by the commission.

"(2) The chairman of the commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

"(d) Detail of Government Employees.-Upon request of the chairman of the commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of the department or agency to the commission to assist it in carrying out its duties.

"(e) Procurement of Temporary and Intermittent Services.-The chairman of the commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

"SEC. 405. TERMINATION OF THE COMMISSION.

"The commission shall terminate 90 days after the date on which the commission submits its report under section 402(e)(2).

"SEC. 406. DEFINITIONS.

"For the purposes of this title:

"(1) The term 'Department of Veterans Affairs system for the disposition of claims for veterans benefits' means the processes and procedures of the Department of Veterans Affairs for the adjudication, resolution, review, and final disposition of claims for benefits under the laws administered by the Secretary.

"(2) The term 'Secretary' means the Secretary of Veterans Affairs.

"(3) The term 'veterans service organizations' means any organization approved by the Secretary under section 5902(a) of title 38, United States Code.

"SEC. 407. FUNDING.

"(a) Fiscal Year 1995.-From amounts appropriated to the Department of Veterans Affairs for fiscal year 1995 for the payment of compensation and pension, the amount of $400,000 is hereby made available for the activities of the commission under this title.

"(b) Availability.-Any sums appropriated to the commission shall remain available until expended."

Section Referred to in Other Sections

This section is referred to in sections 1806, 5110 of this title.