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38 U.S.C. § 7731 — Establishment

submitted 27 years ago by Pub. L. 106-117 to r/title-38-VETERANS-BENEFITS · 499 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must operate a quality-assurance program in the Veterans Benefits Administration, with independence and internal controls. The section requires an independent assessment, automated trend data, and demographic claim data, while preserving the existing program.

(a) Program. The Secretary must operate a quality-assurance program in the Veterans Benefits Administration. It may use one quality-assurance division or separate entities for each principal organizational element, called “services.”

(b) Standards. Each quality-assurance entity must meet generally applicable government standards for independence and internal controls when reviewing government performance and results.

(c) Assessment and data. (1) For the three years beginning on enactment of the Veterans’ Benefits Improvement Act of 2008, the Secretary must contract with an independent third party to assess the program. (2) The assessment must evaluate (A) employee work quality and accuracy using statistically valid samples of employees and work; (B) each regional office’s performance; (C) disability-rating accuracy under section 1155; (D) consistency of ratings among regional offices using specific-disability samples; and (E) employee and manager performance. (3) The Secretary must create automated gathering and production of data to monitor and assess trends in those matters. (4)(A) Beginning six months after enactment, for each disability-compensation claim submitted on or after that date, the Secretary must retain, monitor, and accessibly store the data in (B), and develop a demographic baseline. (B) The data includes, for each claimant’s claim, (i)(I) the claimant’s State of residence when submitted, (II) the Secretary’s decision on the claim and each claimed issue, and (III) the responsible regional office and Department employee; (ii) the claimant’s current State; and (iii) other data the Secretary considers appropriate to monitor decision accuracy and consistency. (5) This subsection does not require replacing the quality-assurance program that existed the day before this subsection was enacted.

the actual law source: uscode.house.gov ↗public domain
(a)

The Secretary shall carry out a quality assurance program in the Veterans Benefits Administration. The program may be carried out through a single quality assurance division in the Administration or through separate quality assurance entities for each of the principal organizational elements (known as “services”) of the Administration.

(b)

The Secretary shall ensure that any quality assurance entity established and operated under subsection (a) is established and operated so as to meet generally applicable governmental standards for independence and internal controls for the performance of quality reviews of Government performance and results.

(c)
(1)

The Secretary shall enter into a contract with an independent third-party entity to conduct, during the three-year period beginning on the date of the enactment of the Veterans’ Benefits Improvement Act of 2008, an assessment of the quality assurance program carried out under subsection (a).

(2)

The assessment conducted under paragraph (1) shall evaluate the following:

(A)

The quality and accuracy of the work of employees of the Veterans Benefits Administration, using a statistically valid sample of such employees and a statistically valid sample of such work.

(B)

The performance of each regional office of the Veterans Benefits Administration.

(C)

The accuracy of the disability ratings assigned under the schedule for rating disabilities under section 1155 of this title.

(D)

The consistency of disability ratings among regional offices of the Veterans Benefits Administration, based on a sample of specific disabilities.

(E)

The performance of employees and managers of the Veterans Benefits Administration.

(3)

The Secretary shall develop a mechanism for the automated gathering and producing of data that can be used to monitor and assess trends relating to the items described in paragraph (2).

(4)
(A)

Beginning on the date that is six months after the date of the enactment of the Veterans’ Benefits Improvement Act of 2008, the Secretary shall—

(i)

for each claim for disability compensation under laws administered by the Secretary submitted to the Secretary on or after such date, retain, monitor, and store in an accessible format the data described in subparagraph (B); and

(ii)

develop a demographic baseline for the data retained, monitored, and stored under subparagraph (A).

(B)

The data described in this subparagraph includes the following:

(i)

For each claim for disability compensation under laws administered by the Secretary submitted by a claimant—

(I)

the State in which the claimant resided when the claim was submitted;

(II)

the decision of the Secretary with respect to the claim and each issue claimed; and

(III)

the regional office and individual employee of the Department responsible for rating the claim.

(ii)

The State in which the claimant currently resides.

(iii)

Such other data as the Secretary determines is appropriate for monitoring the accuracy and consistency of decisions with respect to such claims.

(5)

Nothing in this subsection shall be construed to require the Secretary to replace the quality assurance program under subsection (a) that was in effect on the day before the date of the enactment of this subsection.

Source credit: (Added Pub. L. 106–117, § 801(a)(1), Nov. 30, 1999, 113 Stat. 1585; amended Pub. L. 110–389, title II, § 224(a), Oct. 10, 2008, 122 Stat. 4157.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-117 · 113 Stat. 1585
  • 2008Amended · Pub. L. 110-389 · 122 Stat. 4157

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-117 on 1999-11-30.

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