§ 5101. Claims and forms

Pub. L. 104–275, title V, § 504, Oct. 9, 1996, 110 Stat. 3341, as amended by Pub. L. 113–235, div. I, title II, § 241, Dec. 16, 2014, 128 Stat. 2568; Pub. L. 114–315, title I, § 109(a)(2), Dec. 16, 2016, 130 Stat. 1544; Pub. L. 115–141, div. J, title II, § 256, Mar. 23, 2018, 132 Stat. 826; Pub. L. 115–407, title VII, § 702(b), Dec. 31, 2018, 132 Stat. 5381; Pub. L. 116–315, title II, § 2002(a)(1), (4), Jan. 5, 2021, 134 Stat. 4967, 4968; Pub. L. 118–19, § 1, Oct. 6, 2023, 137 Stat. 106, 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 as follows:“(1) In fiscal years before fiscal year 2015, through not more than 10 regional offices of the Department of Veterans Affairs. “(2) In fiscal year 2015, through not more than 12 regional offices of the Department. “(3) In fiscal year 2016, through not more than 15 regional offices of the Department. “(4) In fiscal year 2017 and each fiscal year thereafter, through such regional offices of the Department as the Secretary considers appropriate. “(c) Licensure of Contract Health Care Professionals.—“(1) In general.—Notwithstanding any law regarding the licensure of health care professionals, a health care professional described in paragraph (2) may conduct an examination pursuant to a contract entered into under subsection (a) at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, so long as the examination is within the scope of the authorized duties under such contract. “(2) Health care professional described.—A health care professional described in this paragraph is a physician, physician assistant, nurse practitioner, audiologist, or psychologist, who—“(A) has a current unrestricted license to practice the health care profession of the physician, physician assistant, nurse practitioner, audiologist, or psychologist, as the case may be; “(B) is not barred from practicing such health care profession in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and “(C) is performing authorized duties for the Department of Veterans Affairs pursuant to a contract entered into under subsection (a). “(d) Source of Funds.—Expenses of carrying out the pilot program under this section, including payments for pilot program examination travel and incidental expenses under the terms and conditions set forth by 38 U.S.C. 111, shall be reimbursed to the accounts available for the general operating expenses of the Veterans Benefits Administration and information technology systems from amounts available to the Secretary of Veterans Affairs for payment of compensation and pensions. “(e) 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.”

[Pub. L. 116–315, title II, § 2002(a)(2), Jan. 5, 2021, 134 Stat. 4967, provided that: “The purpose of the amendment made by paragraph (1) [amending section 504 of Pub. L. 104–275, set out above] is to expand the license portability for physicians assistants, nurse practitioners, audiologists, and psychologists to supplement the capacity of employees of the Department to provide medical examinations described in subsection (b) [set out as a note above].” ]

[Pub. L. 116–315, title II, § 2002(a)(3), Jan. 5, 2021, 134 Stat. 4968, provided that: “The amendment made by paragraph (1) [amending section 504 of Pub. L. 104–275, set out above] shall not be construed to affect the license portability for physicians in effect under section 504(c) of such Act [Pub. L. 104–275] as in effect on the day before the date of the enactment of this Act [Jan. 5, 2021].” ]

[Pub. L. 116–315, title II, § 2002(a)(4), Jan. 5, 2021, 134 Stat. 4968, as amended by Pub. L. 118–19, § 1, Oct. 6, 2023, 137 Stat. 106, provided that: “On the date that is five years after the date of the enactment of this Act [Jan. 5, 2021], subsection (c) of such section [section 504(c) of Pub. L. 104–275, set out above] shall read as it read on the day before the date of the enactment of this Act.” ]

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 Secretary of Veterans Affairs was to take necessary actions to provide for expeditious treatment, by the Board of Veterans’ Appeals and by regional offices of the Veterans Benefits Administration, of any claim that had 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, prior to repeal by Pub. L. 108–183, title VII, § 707(c), Dec. 16, 2003, 117 Stat. 2673.

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, established Veterans’ Claims Adjudication Commission which was directed to conduct comprehensive evaluation and assessment of Department of Veterans Affairs system for disposition of claims for veterans benefits and of system for delivery of such benefits, together with any related issues determined to be relevant to study, for purpose of determining means of increasing efficiency of system, means of reducing number of claims under system for which final disposition is pending, and means of enhancing ability of Department of Veterans Affairs to achieve final determination regarding claims under system in prompt and appropriate manner, and further provided for membership and powers of Commission, personnel matters, definitions and funding, and for submission of preliminary report to Secretary of Veterans Affairs and Congress not later than one year after Nov. 2, 1994, submission of final report not later than Dec. 31, 1996, and for termination of Commission 90 days after submission of final report.