
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[1611(b)]]
[Document affected by Public Law 106-419 Section 104(c)(2)]
[CITE: 38USC5101]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART IV--GENERAL ADMINISTRATIVE PROVISIONS
 
            CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
 
                          SUBCHAPTER I--CLAIMS
 
Sec. 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, Sec. 3001; Pub. L. 97-
295, Sec. 4(95)(A), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 99-576, title 
VII, Sec. 701(61), Oct. 28, 1986, 100 Stat. 3296; Pub. L. 101-508, title 
VIII, Sec. 8053(a), Nov. 5, 1990, 104 Stat. 1388-352; renumbered 
Sec. 5101 and amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), 
May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83, Sec. 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, Sec. 402(b)(1), renumbered section 3001 of 
this title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' after ``prescribed by the''.
    Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the 
Secretary'' for ``administered by the Veterans' Administration''.
    Pub. L. 102-40, Sec. 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, Sec. 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, Sec. 302, Nov. 2, 1994, 108 Stat. 4658, 
as amended by Pub. L. 105-368, title V, Sec. 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, Sec. 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.
