Veterans Benefits Improvement Act of 2023
What changed between versions
New Section 5 requires the Secretary of Veterans Affairs to establish a competitive internship program at the Board of Veterans' Appeals for first- or second-year students at ABA-accredited law schools, with a deadline of one year after enactment.
New Section 7 increases the maximum number of judges appointed to the U.S. Court of Appeals for Veterans Claims from seven to nine.
New Section 6 creates a benefits program for participants in the VA Honors Attorney Program and Board Law Clerk Program, including student loan repayment under federal rules, reimbursement for bar exam enrollment costs, sitting for bar exams, and annual state bar dues. Participants must commit to at least three years of service or repay the benefits.
New Section 6 also requires mentorship assignments within 90 days of becoming a covered participant, rotational assignments to the Office of General Counsel (120-180 days) and potentially the Board of Veterans' Appeals for those with two or more years of service, and periodic reports to Congress every three years.
The requirement for listing excluded forms was strengthened: previously the Secretary only needed to list the form with an indication it was excluded and provide a justification. Now the Secretary must include on the same website a list of excluded forms AND a justification for each exclusion, making the transparency requirement more explicit.
New Section 8 requires a report within 180 days of enactment on improving veteran access to Board of Veterans' Appeals hearings held by picture and voice transmission, including recommendations on travel reimbursement and pilot programs for home-based hearings.
The exclusion criteria for unpublished disability benefit questionnaire forms changed from forms 'in effect after January 1, 2022' to forms 'available or in use at any time after the date of the enactment of the Veterans Benefits Act of 2023,' tying the reference date to a different statute.
The power of attorney communication requirement (now Section 3(b)) was broadened: previously only the person appointed by a power of attorney received scheduling communications from examination contractors. Now both that person AND any organization recognized under sections 5902-5904 for preparation, presentation, and prosecution of claims must receive the communication.
The term 'covered non-Department provider' was added as a defined term (replacing references to 'contracted personnel'), meaning a medical provider who is not a VA employee and provides disability examinations under contract with the Department. This definition appears in both Section 2(e) and Section 3(d).
The term 'governmental veterans service officer' was renamed to 'covered governmental veterans service officer,' and the definition was slightly refined to specify 'claims for benefits under laws administered by the Secretary' rather than just 'benefit claims before the Department of Veterans Affairs.'
