Shinseki: Proposals would boost efficiency, fairness at VA - Army News | News from Afghanistan & Iraq - Army Times

Shinseki: Proposals would boost efficiency, fairness at VA

Veterans Affairs Department Secretary Eric Shinseki has proposed a package of legislative changes to VA policy ranging from rules on presumption of service connection for illnesses to time limits for disagreeing with VA benefit claims decisions.

The several pages of proposed changes would make life easier for veterans and for VA officials, Shinseki said.

“The draft bill would make beneficial changes to enhance the efficiency and fairness of several [VA] programs of benefit to veterans and their families, and to improve the procedures for the timely adjudication of claims and appeals for such benefits,” Shinseki wrote to lawmakers.

Though veterans advocates have argued against one of the proposed changes — dropping a requirement for appeals boards to give a thorough explanation, on paper, when a benefits claim is denied — they say others should be good for veterans.

Some proposals would clarify sections of the Veterans’ Benefits Code without changing their meaning. For example, in one portion, “but for the death of the veteran” was changed to “had the veteran not died.”

But Shinseki also is seeking more substantive changes, such as giving VA more time to determine whether a condition should be presumed service-connected in Agent Orange and Gulf War cases.

Current law gives VA about 240 days from the day it receives a recommendation report from the Institute of Medicine until the time it issues regulations.

Shinseki asked for that to be changed to 640 days, noting that current time limits “have proven impractical in view of the complexity of the issues.”

He also asked for repeal of a requirement to submit a report to Congress with recommendations on whether there is enough evidence for a condition to be presumed service-connected for veterans of the 1991 Gulf War.

Jason Perry, a lawyer who represents service members in disability cases, said that change would reduce congressional oversight of presumptive cases.

“Congress being provided the information puts pressure on the secretary to act and would allow Congress to pass appropriate legislation,” Perry said.

Other changes being sought by Shinseki include:

• Extending a contract allowing outside physicians to conduct disability exams from December 2010 to December 2012.

• Continuing to limit pension plans for Medicaid-covered veterans without families to $90 a month, which would save VA $2.9 billion over the next five years.

• Allowing VA to stay claims while it appeals court decisions so it does not have to go back over cases that may be reversed.

• Requiring veterans who challenge a VA decision to file a notice of disagreement within 180 days from the date VA mails the decision, rather than within a year. “The intent of this provision is to allow VA to more quickly resolve claims and appeals,” Shinseki wrote.

In 2008, he noted, 77 percent of disagreements were filed within 180 days.

• Maintaining a regional office in the Philippines to serve its large U.S. veteran population.

• Giving veterans an additional 120 days to file appeals with the Board of Veterans’ Appeals if there is good cause.

• Allowing a veteran’s child to satisfy occupancy requirements for VA home loans.

Shinseki said the Office of Management and Budget has estimated that the proposed changes would save VA $1.23 billion over the next decade.