[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2237 Enrolled Bill (ENR)]
S.2237
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To amend title 38, United States Code, to improve authorities of the
Department of Veterans Affairs relating to veterans' compensation,
dependency and indemnity compensation, and pension benefits, education
benefits, housing benefits, memorial affairs benefits, life insurance
benefits, and certain other benefits for veterans, to improve the
administration of benefits for veterans, to make improvements in
procedures relating to judicial review of veterans' claims for benefits,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

36f43e24c5e31d763b6879d4c3787a308a595ff286c507e2fe640fc27008b6bd

(a) Short Title.--This Act may be cited as the ``Veterans Benefits
Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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ebc99c4b8a79f195d06a73680ac98de0711e652f032c35a539de744e596f4c08

TITLE I

-COMPENSATION AND BENEFITS IMPROVEMENTS

for women veterans who have service-connected loss of breast
tissue.

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2c893f43318616fa9ab7b4a532f554473894074215f52d5eacac060441d7b837

TITLE II

-MEMORIAL AFFAIRS

crimes for interment or memorialization in national
cemeteries.

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Government markers for marked graves of veterans at private
cemeteries to veterans dying on or after September 11, 2001.

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Cemetery honoring World War II veterans who fought in the
Battle of the Bulge.

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approving agencies for administrative expenses for fiscal
years 2003 through 2007.

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TITLE III

-OTHER MATTERS

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Civil Relief Act of 1940 to National Guard members called to
active duty under title 32, United States Code.

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of erroneous finding of fact by Board of Veterans' Appeals.

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TITLE IV

-JUDICIAL MATTERS

decisions of law of Court of Appeals for Veterans Claims.

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fees under Equal Access to Justice Act for non-attorney
practitioners.

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Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.

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AFTER AGE 55.
(a) Exception to Termination of Benefits Upon Remarriage.--
Paragraph (2) of section 103(d) is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) The remarriage after age 55 of the surviving spouse of a
veteran shall not bar the furnishing of benefits under section 1781 of
this title to such person as the surviving spouse of the veteran.''.
(b) Application for Benefits.--In the case of an individual who but
for having remarried would be eligible for medical care under section
1781 of title 38, United States Code, and whose remarriage was before
the date of the enactment of this Act and after the individual had
attained age 55, the individual shall be eligible for such medical care
by reason of the amendments made by subsection (a) only if an
application for such medical care is received by the Secretary of
Veterans Affairs during the 1-year period ending on the effective date
specified in subsection (c).
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 60 days after the date of the enactment of
this Act.

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COMPENSATION FOR WOMEN VETERANS WHO HAVE SERVICE-CONNECTED LOSS
OF BREAST TISSUE.
Section 1114(k) is amended by striking ``one or both breasts
(including loss by mastectomy)'' and inserting ``25 percent or more of
tissue from a single breast or both breasts in combination (including
loss by mastectomy or partial mastectomy) or has received radiation
treatment of breast tissue''.

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FOR HEARING LOSS IN PAIRED ORGANS.
Section 1160(a)(3) is amended--
(1) by striking ``total deafness'' the first place it appears
and inserting ``deafness compensable to a degree of 10 percent or
more''; and
(2) by striking ``total deafness'' the second place it appears
and inserting ``deafness''.

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SERVICE FROM WORLD WAR II TO PRESENT.
(a) Assessment by National Academy of Sciences.--The Secretary of
Veterans Affairs shall seek to enter into an agreement with the
National Academy of Sciences for the Academy to perform the activities
specified in this section. The Secretary shall seek to enter into the
agreement not later than 60 days after the date of the enactment of
this Act.
(b) Duties Under Agreement.--Under the agreement under subsection
(a), the National Academy of Sciences shall do the following:
(1) Review and assess available data on hearing loss that could
reasonably be expected to have been incurred by members of the
Armed Forces during the period from the beginning of World War II
to the date of the enactment of this Act.
(2) Identify the different sources of acoustic trauma that
members of the Armed Forces could reasonably be expected to have
been exposed to during the period from the beginning of World War
II to the date of the enactment of this Act
(3) Determine how much exposure to each source of acoustic
trauma identified under paragraph (2) is required to cause or
contribute to hearing loss, hearing threshold shift, or tinnitus,
as the case may be, and at what noise level.
(4) Determine whether or not such hearing loss, hearing
threshold shift, or tinnitus, as the case may be, is--
(A) immediate or delayed onset;
(B) cumulative;
(C) progressive; or
(D) any combination of subparagraph (A), (B), and (C).
(5) Identify age, occupational history, and other factors which
contribute to an individual's noise-induced hearing loss.
(6) Identify--
(A) the period of time at which audiometric measures used
by the Armed Forces became adequate to evaluate individual
hearing threshold shift; and
(B) the period of time at which hearing conservation
measures to prevent individual hearing threshold shift were
available to members of the Armed Forces, shown separately for
each of the Army, Navy, Air Force, Marine Corps, and Coast
Guard, and, for each such service, shown separately for members
exposed to different sources of acoustic trauma identified
under paragraph (2).
(c) Report.--Not later than 180 days after the date of the entry
into the agreement referred to in subsection (a), the National Academy
of Sciences shall submit to the Secretary a report on the activities of
the National Academy of Sciences under the agreement, including the
results of the activities required by subsection (b).
(d) Report on Administration of Benefits for Hearing Loss and
Tinnitus.--(1) Not later than 180 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and the House of
Representatives a report on the claims submitted to the Secretary for
disability compensation or health care for hearing loss or tinnitus.
(2) The report under paragraph (1) shall include the following:
(A) The number of decisions issued by the Secretary in each of
fiscal years 2000, 2001, and 2002 on claims for disability
compensation for hearing loss, tinnitus, or both.
(B) Of the decisions referred to in subparagraph (A)--
(i) the number in which compensation was awarded, and the
number in which compensation was denied, set forth by fiscal
year; and
(ii) the total amount of disability compensation paid on
such claims during each such fiscal year.
(C) The total cost to the Department of Veterans Affairs of
adjudicating the claims referred to in subparagraph (A), set forth
in terms of full-time employee equivalents (FTEEs).
(D) The total number of veterans who sought treatment in
Department of Veterans Affairs health care facilities during fiscal
years specified in subparagraph (A) for hearing-related disorders,
set forth by the number of veterans per year.
(E) The health care furnished to veterans referred to in
subparagraph (D) for hearing-related disorders, including the
number of veterans furnished hearing aids and the cost of
furnishing such hearing aids.

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COMMITTING CAPITAL CRIMES.
(a) Presidential Memorial Certificate.--Section 112 is amended by
adding at the end the following new subsection:
``(c) A certificate may not be furnished under the program under
subsection (a) on behalf of a deceased person described in section
2411(b) of this title.''.
(b) Flag to Drape Casket.--Section 2301 is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) A flag may not be furnished under this section in the case of
a person described in section 2411(b) of this title.''.
(c) Headstone or Marker for Grave.--Section 2306 is amended by
adding at the end the following new subsection:
``(g)(1) A headstone or marker may not be furnished under
subsection (a) for the unmarked grave of a person described in section
2411(b) of this title.
``(2) A memorial headstone or marker may not be furnished under
subsection (b) for the purpose of commemorating a person described in
section 2411(b) of this title.
``(3) A marker may not be furnished under subsection (d) for the
grave of a person described in section 2411(b) of this title.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to deaths occurring on or after the date of the
enactment of this Act.

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CAPITAL CRIMES FOR INTERMENT OR MEMORIALIZATION IN NATIONAL
CEMETERIES.
Section 2411(a)(2) is amended--
(1) by striking ``The prohibition'' and inserting ``In the case
of a person described in subsection (b)(1) or (b)(2), the
prohibition''; and
(2) by striking ``or finding under subsection (b)'' and
inserting ``referred to in subsection (b)(1) or (b)(2), as the case
may be,''.

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GOVERNMENT MARKERS FOR MARKED GRAVES OF VETERANS AT PRIVATE
CEMETERIES TO VETERANS DYING ON OR AFTER SEPTEMBER 11, 2001.
(a) In General.--Subsection (d) of section 502 of the Veterans
Education and Benefits Expansion Act of 2001 (Public Law 107-103; 115
Stat. 995; 38 U.S.C. 2306 note) is amended by striking ``the date of
the enactment of this Act'' and inserting ``September 11, 2001''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of such section 502.

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NATIONAL CEMETERY HONORING WORLD WAR II VETERANS WHO FOUGHT IN
THE BATTLE OF THE BULGE.
The Secretary of the Army is authorized to place in Arlington
National Cemetery a memorial marker honoring veterans who fought in the
battle in the European theater of operations during World War II known
as the Battle of the Bulge.

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APPROVING AGENCIES FOR ADMINISTRATIVE EXPENSES FOR FISCAL YEARS
2003 THROUGH 2007.
The first sentence of section 3674(a)(4) is amended by inserting
before the period at the end the following: ``, for fiscal year 2003,
$14,000,000, for fiscal year 2004, $18,000,000, for fiscal year 2005,
$18,000,000, for fiscal year 2006, $19,000,000, and for fiscal year
2007, $19,000,000''.

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CARRIED BEYOND AGE 70.
Section 2106 is amended--
(1) in subsection (a), by inserting ``age 69 or younger'' after
``any eligible veteran''; and
(2) in subsection (i), by striking paragraph (2) and
redesignating paragraphs (3) and (4) as paragraphs (2) and (3),
respectively.

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(a) Two-Year Demonstration Project To Guarantee Certain Adjustable
Rate Mortgages.--Chapter 37 is amended by inserting after section 3707
the following new section:
``Sec. 3707A. Hybrid adjustable rate mortgages
``(a) The Secretary shall carry out a demonstration project under
this section during fiscal years 2004 and 2005 for the purpose of
guaranteeing loans in a manner similar to the manner in which the
Secretary of Housing and Urban Development insures adjustable rate
mortgages under section 251 of the National Housing Act in accordance
with the provisions of this section with respect to hybrid adjustable
rate mortgages described in subsection (b).
``(b) Adjustable rate mortgages that are guaranteed under this
section shall be adjustable rate mortgages (commonly referred to as
`hybrid adjustable rate mortgages') having interest rate adjustment
provisions that--
``(1) specify an initial rate of interest that is fixed for a
period of not less than the first three years of the mortgage term;
``(2) provide for an initial adjustment in the rate of interest
by the mortgagee at the end of the period described in paragraph
(1); and
``(3) comply in such initial adjustment, and any subsequent
adjustment, with subsection (c).
``(c) Interest rate adjustment provisions of a mortgage guaranteed
under this section shall--
``(1) correspond to a specified national interest rate index
approved by the Secretary, information on which is readily
accessible to mortgagors from generally available published
sources;
``(2) be made by adjusting the monthly payment on an annual
basis;
``(3) be limited, with respect to any single annual interest
rate adjustment, to a maximum increase or decrease of 1 percentage
point; and
``(4) be limited, over the term of the mortgage, to a maximum
increase of 5 percentage points above the initial contract interest
rate.
``(d) The Secretary shall promulgate underwriting standards for
loans guaranteed under this section, taking into account--
``(1) the status of the interest rate index referred to in
subsection (c)(1) and available at the time an underwriting
decision is made, regardless of the actual initial rate offered by
the lender;
``(2) the maximum and likely amounts of increases in mortgage
payments that the loans would require;
``(3) the underwriting standards applicable to adjustable rate
mortgages insured under title II of the National Housing Act; and
``(4) such other factors as the Secretary finds appropriate.
``(e) The Secretary shall require that the mortgagee make available
to the mortgagor, at the time of loan application, a written
explanation of the features of the adjustable rate mortgage, including
a hypothetical payment schedule that displays the maximum potential
increases in monthly payments to the mortgagor over the first five
years of the mortgage term.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 37 is amended by inserting after the item relating to section
3707 the following new item:
``3707A. Hybrid adjustable rate mortgages.''.

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PENSION.
(a) Increase in Amount.--Subsection (a) of section 1562 is amended
by striking ``$600'' and inserting ``$1,000, as adjusted from time to
time under subsection (e)''.
(b) Annual Adjustment.--That section is further amended by adding
at the end the following new subsection:
``(e) Effective as of December 1 each year, the Secretary shall
increase the amount of monthly special pension payable under subsection
(a) as of November 30 of such year by the same percentage as the
percentage by which benefit amounts payable under title II of the
Social Security Act (42 U.S.C. 401 et seq.) are increased effective
December 1 of such year as a result of a determination under section
215(i) of that Act (42 U.S.C. 415(i)).''.
(c) Payment of Lump Sum for Period Between Act of Valor and
Commencement of Special Pension.--That section is further amended by
adding after subsection (e), as added by subsection (b) of this
section, the following new subsection:
``(f)(1) The Secretary shall pay, in a lump sum, to each person who
is in receipt of special pension payable under this section an amount
equal to the total amount of special pension that the person would have
received during the period beginning on the first day of the first
month beginning after the date of the act for which the person was
awarded the Medal of Honor and ending on the last day of the month
preceding the month in which the person's special pension in fact
commenced.
``(2) For each month of a period referred to in paragraph (1), the
amount of special pension payable to a person shall be determined using
the rate of special pension that was in effect for such month, and
shall be payable only if the person would have been entitled to payment
of special pension for such month under laws for eligibility for
special pension (with the exception of the eligibility law requiring a
person to have been awarded a Medal of Honor) in effect at the
beginning of such month.''.
(d) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by subsections (a) and (b) shall take effect on
September 1, 2003. No payment may be made pursuant to subsection (f) of
section 1562 of title 38, United States Code, as added by subsection
(c) of this section, before October 1, 2003.
(2) The Secretary of Veterans Affairs shall not make any adjustment
under subsection (e) of section 1562 of title 38, United States Code,
as added by subsection (b) of this section, in 2003.

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CIVIL RELIEF ACT OF 1940 TO NATIONAL GUARD MEMBERS CALLED TO
ACTIVE DUTY UNDER TITLE 32, UNITED STATES CODE.
Section 101(1) of the Soldiers' and Sailors' Civil Relief Act of
1940 (50 U.S.C. App. 511(1)) is amended--
(1) in the first sentence--
(A) by striking ``and all'' and inserting ``all''; and
(B) by inserting before the period the following: ``, and
all members of the National Guard on service described in the
following sentence''; and
(2) in the second sentence, by inserting before the period the
following: ``, and, in the case of a member of the National Guard,
shall include service under a call to active service authorized by
the President or the Secretary of Defense for a period of more than
30 consecutive days under section 502(f) of title 32, United States
Code, for purposes of responding to a national emergency declared
by the President and supported by Federal funds''.

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Section 6103(l)(7)(D) of the Internal Revenue Code of 1986 is
amended by striking ``September 30, 2003'' in the second sentence after
clause (ix) and inserting ``September 30, 2008''.

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(a) In General.--For the period described in subsection (b), the
Secretary of Veterans Affairs shall apply section 3729(b)(2)(I) of
title 38, United States Code, by substituting ``1.00'' for ``0.50''
each place it appears.
(b) Period Described.--The period referred to in subsection (a) is
the period that begins on the date that is 7 days after the date of the
enactment of this Act and ends on September 30, 2003.

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(a) Eligibility of Certain Additional Vietnam Era Veterans for
Education Benefits.--Section 3011(a)(1)(C)(ii) is amended by striking
``on or''.
(b) Accelerated Payment of Assistance for Education Leading to
Employment in High Technology Industry.--(1) Subsection (b)(1) of
section 3014A is amended by striking ``employment in a high technology
industry'' and inserting ``employment in a high technology occupation
in a high technology industry''.
(2)(A) The heading for section 3014A is amended to read as follows:
``Sec. 3014A. Accelerated payment of basic educational assistance for
education leading to employment in high technology
occupation in high technology industry''.
(B) The table of sections at the beginning of chapter 30 is amended
by striking the item relating to section 3014A and inserting the
following new item:
``3014A. Accelerated payment of basic educational assistance for
education leading to employment in high technology occupation
in high technology industry.''.
(c) Source of Funds for Increased Usage of Montgomery GI Bill
Entitlement Under Entitlement Transfer Authority.--(1) Section 3035(b)
is amended--
(A) in paragraph (1), by striking ``paragraphs (2) and (3) of
this subsection,'' and inserting ``paragraphs (2), (3), and (4),'';
and
(B) by adding at the end the following new paragraph:
``(4) Payments attributable to the increased usage of benefits as a
result of transfers of entitlement to basic educational assistance
under section 3020 of this title shall be made from the Department of
Defense Education Benefits Fund established under section 2006 of title
10 or from appropriations made to the Department of Transportation, as
appropriate.''.
(2) The amendments made by this subsection shall take effect as if
included in the enactment of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107), to which such amendments relate.
(d) Licensing or Certification Tests.--Section 3689(c)(1)(B) is
amended by striking ``the test'' and inserting ``such test, or a test
to certify or license in a similar or related occupation,''.
(e) Period of Eligibility for Survivors' and Dependents' Assistance
Education Benefits.--(1) Section 3512(a) is amended--
(A) in paragraph (3)--
(i) by striking ``paragraph (4)'' in the matter preceding
subparagraph (A) and inserting ``paragraph (4) or (5)''; and
(ii) by striking ``subsection (d)'' in subparagraph (C)(i)
and inserting ``subsection (d), or any date between the two
dates described in subsection (d)'';
(B) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(C) by inserting after paragraph (3) the following new
paragraph (4):
``(4) if the person otherwise eligible under paragraph (3)
fails to elect a beginning date of entitlement in accordance with
that paragraph, the beginning date of the person's entitlement
shall be the date of the Secretary's decision that the parent has a
service-connected total disability permanent in nature, or that the
parent's death was service-connected, whichever is applicable;'';
and
(D) in paragraph (6), as so redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (5)''.
(2) The amendments made by this subsection shall take effect
November 1, 2000.
(f) Loan Fees.--(1) Section 3703(e)(2)(A) is amended by striking
``3729(b)'' and inserting ``3729(b)(2)(I)''.
(2) The amendment made by paragraph (1) shall take effect as if
included in the enactment of section 402 of the Veterans Benefits and
Health Care Improvement Act of 2000 (Public Law 106-419; 114 Stat.
1861).
(g) Additional Miscellaneous Technical Amendments to Title 38,
United States Code.--(1)(A) The tables of chapters preceding part I and
at the beginning of part IV are each amended by striking ``5101'' in
the item relating to chapter 51 and inserting ``5100''.
(B) The table of parts preceding part I is amended by striking
``5101'' in the item relating to part IV and inserting ``5100''.
(2) Section 107(d)(2) is amended by striking ``the date of the
enactment of this subsection'' and inserting ``November 1, 2000,''.
(3) Section 1701(10)(A) is amended by striking ``the date of the
enactment of the Veterans' Millennium Health Care and Benefits Act''
and inserting ``November 30, 1999,''.
(4) Section 1705(c)(1) is amended by striking ``Effective on
October 1, 1998, the Secretary'' and inserting ``The Secretary''.
(5) Section 1707(a) is amended by inserting ``(42 U.S.C. 14401 et
seq.)'' before the period at the end.
(6) Section 1710(e)(1)(D) is amended by striking ``the date of the
enactment of this subparagraph'' and inserting ``November 11, 1998''.
(7) Section 1729B(b) is amended by striking ``the date of the
enactment of this section'' and inserting ``November 30, 1999,''.
(8) Section 1781(d) is amended--
(A) in paragraph (1)(B)(i), by striking ``as of the date'' and
all that follows through ``of 2001'' and inserting ``as of June 5,
2001''; and
(B) in paragraph (4), by striking ``paragraph'' and inserting
``subsection''.
(9) Section 3018C(e)(2)(B) is amended by striking the comma after
``April''.
(10) Section 3031(a)(3) is amended by striking ``the date of the
enactment of this paragraph'' and inserting ``December 27, 2001''.
(11) Section 3485(a)(4) is amended in subparagraphs (A), (C), and
(F), by striking ``the five-year period beginning on the date of the
enactment of the Veterans Education and Benefits Expansion Act of
2001'' and inserting ``the period preceding December 27, 2006''.
(12) Section 3734(b)(2) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C), (D), (E), and (F) as
subparagraphs (B), (C), (D), and (E), respectively.
(13) Section 7315(a) is amended by inserting ``Veterans Health'' in
the first sentence after ``in the''.
(h) Public Law 107-103.--Effective as of December 27, 2001, and as
if included therein as originally enacted, section 103(c) of the
Veterans Education and Benefits Expansion Act of 2001 (Public Law 107-
103; 115 Stat. 979) is amended by inserting closing quotation marks at
the end of the text inserted by the amendment made by paragraph (2).
(i) Public Law 102-86.--Section 403(e) of the Veterans' Benefits
Programs Improvement Act of 1991 (Public Law 102-86; 105 Stat. 424) is
amended by striking ``section 321'' and all that follows through ``and
484)'' and inserting ``subchapter II of chapter 5 of title 40, United
States Code, sections 541 through 555 and 1302 of title 40, United
States Code''.

53fbcda8ba086d6806b411158c070c010d16fda61934c9781859573fabb066ea

PUBLIC LAW 107-247.
(a) Veterans' Disability Compensation.--Section 1114 is amended--
(1) by striking ``$103'' in subsection (a) and inserting
``$104'';
(2) by striking ``$199'' in subsection (b) and inserting
``$201'';
(3) by striking ``$306'' in subsection (c) and inserting
``$310'';
(4) by striking ``$439'' in subsection (d) and inserting
``$445'';
(5) by striking ``$625'' in subsection (e) and inserting
``$633'';
(6) by striking ``$790'' in subsection (f) and inserting
``$801'';
(7) by striking ``$995'' in subsection (g) and inserting
``$1,008'';
(8) by striking ``$1,155'' in subsection (h) and inserting
``$1,171'';
(9) by striking ``$1,299'' in subsection (i) and inserting
``$1,317'';
(10) by striking ``$2,163'' in subsection (j) and inserting
``$2,193'';
(11) in subsection (k)--
(A) by striking ``$80'' both places it appears and
inserting ``$81''; and
(B) by striking ``$2,691'' and ``$3,775'' and inserting
``$2,728'' and ``$3,827'', respectively;
(12) by striking ``$2,691'' in subsection (l) and inserting
``$2,728'';
(13) by striking ``$2,969'' in subsection (m) and inserting
``$3,010'';
(14) by striking ``$3,378'' in subsection (n) and inserting
``$3,425'';
(15) by striking ``$3,775'' each place it appears in
subsections (o) and (p) and inserting ``$3,827'';
(16) by striking ``$1,621'' and ``$2,413'' in subsection (r)
and inserting ``$1,643'' and ``$2,446'', respectively; and
(17) by striking ``$2,422'' in subsection (s) and inserting
``$2,455''.
(b) Additional Compensation for Dependents.--Section 1115(1) is
amended--
(1) by striking ``$124'' in subparagraph (A) and inserting
``$125'';
(2) by striking ``$213'' in subparagraph (B) and inserting
``$215'';
(3) by striking ``$84'' in subparagraph (C) and inserting
``$85'';
(4) by striking ``$100'' in subparagraph (D) and inserting
``$101'';
(5) by striking ``$234'' in subparagraph (E) and inserting
``$237''; and
(6) by striking ``$196'' in subparagraph (F) and inserting
``$198''.
(c) Clothing Allowance for Certain Disabled Veterans.--Section 1162
is amended by striking ``$580'' and inserting ``$588''.
(d) Dependency and Indemnity Compensation for Surviving Spouses.--
(1) Section 1311(a) is amended--
(A) by striking ``$935'' in paragraph (1) and inserting
``$948''; and
(B) by striking ``$202'' in paragraph (2) and inserting
``$204''.
(2) The table in section 1311(a)(3) is amended to read as follows:
---------------------------------------------------------------------------
Monthly                       Monthly
``Pay grade                          rate   Pay grade              rate
E-1......................        $948       W-4........      $1,134
E-2......................         948       O-1........       1,001
E-3......................         948       O-2........       1,035
E-4......................         948       O-3........       1,107
E-5......................         948       O-4........       1,171
E-6......................         948       O-5........       1,289
E-7......................         980       O-6........       1,453
E-8......................       1,035       O-7........       1,570
E-9......................    \1\1,080       O-8........       1,722
W-1......................       1,001       O-9........       1,843
W-2......................       1,042       O-10.......    \2\2,021
W-3......................       1,072
``\1\If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air Force,
sergeant major of the Marine Corps, or master chief petty officer of
the Coast Guard, at the applicable time designated by section 1302 of
this title, the surviving spouse's rate shall be $1,165.
``\2\If the veteran served as Chairman or Vice-Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 1302 of this title, the surviving spouse's rate
shall be $2,168.''.
(3) Section 1311(b) is amended by striking ``$234'' and inserting
``$237''.
(4) Section 1311(c) is amended by striking ``$234'' and inserting
``$237''.
(5) Section 1311(d) is amended by striking ``$112'' and inserting
``$113''.
(e) Dependency and Indemnity Compensation for Children.--(1)
Section 1313(a) is amended--
(A) by striking ``$397'' in paragraph (1) and inserting
``$402'';
(B) by striking ``$571'' in paragraph (2) and inserting
``$578'';
(C) by striking ``$742'' in paragraph (3) and inserting
``$752''; and
(D) by striking ``$742'' and ``$143'' in paragraph (4) and
inserting ``$752'' and ``$145'', respectively.
(2) Section 1314 is amended--
(A) by striking ``$234'' in subsection (a) and inserting
``$237'';
(B) by striking ``$397'' in subsection (b) and inserting
``$402''; and
(C) by striking ``$199'' in subsection (c) and inserting
``$201''.

915c6c42ca701bf8102e207ad536dfb96c1698f89920f71bf921a483dbe957dc

CLAIMS OF ERRONEOUS FINDING OF FACT BY BOARD OF VETERANS'
APPEALS.
(a) Standard for Reversal.--Paragraph (4) of subsection (a) of
section 7261 is amended--
(1) by inserting ``adverse to the claimant'' after ``material
fact''; and
(2) by inserting ``or reverse'' after ``and set aside''.
(b) Requirements for Review.--Subsection (b) of that section is
amended to read as follows:
``(b) In making the determinations under subsection (a), the Court
shall review the record of proceedings before the Secretary and the
Board of Veterans' Appeals pursuant to section 7252(b) of this title
and shall--
``(1) take due account of the Secretary's application of
section 5107(b) of this title; and
``(2) take due account of the rule of prejudicial error.''.
(c) Applicability.--(1) Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of the
enactment of this Act.
(2) The amendments made by this section shall apply with respect to
any case pending for decision before the United States Court of Appeals
for Veterans Claims other than a case in which a decision has been
entered before the date of the enactment of this Act.

0cde3fb5de93077312d11da26ee6d751bae38b9d89d38a308c398129ff898f27

DECISIONS OF LAW OF COURT OF APPEALS FOR VETERANS CLAIMS.
(a) Review.--Section 7292(a) is amended by inserting ``a decision
of the Court on a rule of law or of'' in the first sentence after ``the
validity of''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to any appeal--
(1) filed with the United States Court of Appeals for the
Federal Circuit on or after the date of the enactment of this Act;
or
(2) pending with the United States Court of Appeals for the
Federal Circuit as of the date of the enactment of this Act in
which a decision has not been rendered as of that date.

e779d5d00a27c700c4de83c9149b161f7289b2e28a4343b94c2c1ec9c634abc4

AWARD FEES UNDER EQUAL ACCESS TO JUSTICE ACT FOR NON-ATTORNEY
PRACTITIONERS.
The authority of the United States Court of Appeals for Veterans
Claims to award reasonable fees and expenses of attorneys under section
2412(d) of title 28, United States Code, shall include authority to
award fees and expenses, in an amount determined appropriate by the
United States Court of Appeals for Veterans Claims, of individuals
admitted to practice before the Court as non-attorney practitioners
under subsection (b) or (c) of Rule 46 of the Rules of Practice and
Procedure of the United States Court of Appeals for Veterans Claims.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

f3464572f9e0faac014f94a6569d0294f9a5792024af7992793fbcdeff026242

Veterans Benefits Improvement Act of 2002

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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