H. R. 1739
IN THE HOUSE OF REPRESENTATIVES
April 25, 2013
Mr. Enyart(for himself andMr. Israel) introduced the following bill; which was referred to theCommittee on Veterans’ Affairs
To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to pay provisional benefits for certain nonadjudicated claims, and for other purposes.
This Act may be cited as the
Veterans Backlog Reduction
Provisional payment of certain nonadjudicated claims for benefits under the laws administered by the Secretary of Veterans Affairs
Authority To make payments
Subchapter III ofchapter 51of title 38, United States Code, is amended by adding at the end the following new section:
Payment of provisional benefits for certain nonadjudicated claims
In the case of any claim for disability compensation underchapter 11 of this titlethat is not adjudicated before the date that is 125 days after the date of the submittal of the claim, theSecretaryshall pay to the claimant provisional benefits under this section for the period beginning on the date that is 125 days after the date of the submittal of the claim and ending on the date on which a final decision is made with respect to the claim.
Amount of benefits
The amount of the provisional benefits payable to a claimant under this section is an amount equal to the lesser of the following:
The average amount payable to a person who receives payments of compensation for the type of disability for which the claimant submitted the claim.
The amount payable to a person who receives payments of compensation for a disability rated at 40 percent under the schedule for rating disabilities undersection 1155 of this title.
Upon the adjudication of a claim for which the claimant receives payments of provisional benefits under this section, theSecretaryshall reduce the amount owed to the claimant for the period between the effective date of the award of the benefits and the date of the adjudication of the claim by the amount of provisional benefits paid to the claimant under this section.
If, upon the adjudication of such a claim, the claim is denied or the monthly amount of the disability compensation benefits awarded to the claimant is less than the monthly amount of provisional benefits paid to the claimant under this section, there shall be no recovery of the overpayments unless theSecretarydetermines that there exists in connection with the claim an indication of fraud, misrepresentation, or bad faith on the part of the claimant.
The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item:
5127. Payment of provisional benefits for certain nonadjudicated claims.
Section 5127of title 38, United States Code, as added bysubsection (a), shall apply with respect to a new claim for benefits submitted after the date of the enactment of this Act.