Under H.R. 1490, the burden of proving that a disability is service related would be shifted from the veteran to the government. Consequently, the government would assume that disability claims are valid and only audit a portion of these claims. The portion of the article pertaining to Donnelly’s legislation is below:

CQ WEEKLY – COVER STORY
April 30, 2007 – Page 1256
Wounded Vets Face Broken System
By Patrick Yoest and Rebecca Adams, CQ Staff

Shifting the Burden
Some in Congress, such as House Veterans’ Affairs Chairman Bob Filner of California, have embraced a new approach proposed by (Linda) Bilmes in which the government would assume that all claims are valid, then audit a fraction at some later date. That would effectively shift the burden of proving a claim was valid from the veteran to the government.

“I do favor the principle of shifting the burden,” Filner said in an interview, adding that the VA “had enough time to deal with this, and they have refused.”

VA officials have stated publicly that they are concerned that the extra auditing of claims will sap the agency’s resources. The department this spring announced its opposition to a bill by Indiana Democratic Rep. Joe Donnelly, a member of the Veterans’ Affairs panel, that would essentially implement the system Bilmes proposes, citing projections that the change would cost an extra $173 billion over 10 years.

Groups such as Disabled American Veterans, which for decades have guided returning servicemembers through the claims process, also believe the change would unwisely divert VA funding for the sake of shaking up the present system. Carl Blake, legislative director of the Paralyzed Veterans of America, even suggests that blanket approval of all claims would encourage fraud and abuse.

“We believe if Congress lowers this threshold . . . the results would be an overwhelming number of claims filed for compensation,” Blake said.

But opinion within the VA could be shifting on the issue. While (Ron) Aument testified against Donnelly’s legislation and said in an interview that such a proposal probably would cause “serious unintended consequences,” VA Secretary Nicholson has made statements to the contrary. In an interview April 24, he said he is considering the possibility of creating a pilot program modeled on Bilmes’ proposal, and has discussed the matter with the White House Office of Management and Budget.

Bilmes said that during a recent meeting with her, Nicholson “definitely was intrigued at the concept of changing the presumption.”

But even if the VA gets behind such a change, the prospect of offering blanket approval of claims would face tough scrutiny in the Senate.

“There are serious procedural questions, but far more importantly, the cost implications suggest this has little chance of enactment,” said a Senate Democratic aide.

Another change proposed by Bilmes would streamline the VA’s 10-point disability rating system and create four classifications: none, low, medium and high. Bilmes believes the change would cut down on the number of appeals in the system.

Some lawmakers, such as New York Democratic Rep. John Hall, who also serves on the House Veterans’ Affairs Committee, would provide financial assistance to veterans whose claims were languishing by providing a $500 monthly benefit to those whose appeals were not taken up within 180 days.

But such proposals face stiff opposition in the Senate, where lawmakers from both parties are worried about the extra costs and inclined to wait for the recommendations of a congressionally mandated 13-member commission convened to study the VA’s disability benefits programs.

Sen. Larry E. Craig of Idaho, the ranking Republican on the Senate Veterans’ Affairs Committee, says he hopes the commission “will provide the foundation for the types of fundamental changes that may be needed to ensure lasting improvement to the disability compensation system” and possibly lead to a bipartisan reform package. “The system as currently structured cannot provide veterans with timely, accurate and consistent decisions on their claims,” Craig said.