VA Required to Certify Competence of Claim Raters, 38 USC 7332A

Was your claim rated by a certified claim rater? Something to consider when arguing your appeal or conditions of a remand.

Full Article at: DAV Testimony before Congress

September 17, 2010

Mr. Chairman and Members of the Subcommittee:

"On behalf of the 1.2 million members of the Disabled American Veterans (DAV), I am honored to appear before you today to discuss the effectiveness of the Department of Veterans Affairs (VA) training program for Veterans Benefits Administration (VBA) employees who process disability claims."

"In 2008, Congress approved Public Law 110-389, the "Veterans' Benefits Improvement Act of 2008", which required VBA to develop and implement a certification examination for claims processors and managers. Now codified, 38 U.S.C. [Sec.] 7732A states:

(a) DEVELOPMENT OF CERTIFICATION EXAMINATION.--(1) The Secretary shall provide for an examination of appropriate employees and managers of the Veterans Benefits Administration who are responsible for processing claims for compensation and pension benefits under the laws administered by the Secretary.

(2) In developing the examination required by paragraph (1), the Secretary shall--

(A) consult with appropriate individuals or entities, including examination development experts, interested stakeholders, and employee representatives; and

(B) consider the data gathered and produced under section 7731(c)(3) of this title.

(b) EMPLOYEE AND MANAGER REQUIREMENT.--The Secretary shall require appropriate employees and managers of the Veterans Benefits Administration who are responsible for processing claims for compensation and pension benefits under the laws administered by the Secretary to take the examination provided under subsection (a)."

Veterans Service Representatives (VSRs)
Rating Veterans Service Representatives (RVSRs)
=========================================================
========================================================================

38 USC Sec. 7732A 02/01/2010

-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART V - BOARDS, ADMINISTRATIONS, AND SERVICES
CHAPTER 77 - VETERANS BENEFITS ADMINISTRATION
SUBCHAPTER II - QUALITY ASSURANCE

-HEAD-
Sec. 7732A. Employee certification

-STATUTE-
(a) Development of Certification Examination. - (1) The Secretary
shall provide for an examination of appropriate employees and
managers of the Veterans Benefits Administration who are
responsible for processing claims for compensation and pension
benefits under the laws administered by the Secretary.
(2) In developing the examination required by paragraph (1), the
Secretary shall -
(A) consult with appropriate individuals or entities, including
examination development experts, interested stakeholders, and
employee representatives; and
(B) consider the data gathered and produced under section
7731(c)(3) of this title.

(b) Employee and Manager Requirement. - The Secretary shall
require appropriate employees and managers of the Veterans Benefits
Administration who are responsible for processing claims for
compensation and pension benefits under the laws administered by
the Secretary to take the examination provided under subsection
(a).

-SOURCE-
(Added Pub. L. 110-389, title II, Sec. 225(a)(1), Oct. 10, 2008,
122 Stat. 4158.)


-MISC1-
DEADLINES FOR IMPLEMENTATION
Pub. L. 110-389, title II, Sec. 225(a)(3), Oct. 10, 2008, 122
Stat. 4158, provided that: "The Secretary of Veterans Affairs shall
-
"(A) develop an updated certification examination required
under section 7732A of title 38, United States Code, as added by
subsection (a), not later than one year after the date of the
enactment of this Act [Oct. 10, 2008]; and
"(B) begin administering such certification examination
required under such section not later than 90 days after the date
on which the development of such certification examination is
complete."

-End-