Treatment of certain forms as intent to file claim for benefits under laws administered by Secretary of Veterans Affairs; modification of certain policy relating to dockets of Board of Veterans’ Appeals; notice of untimely evidence required

(a)

Treatment of certain forms

Subsection (a) of section 5101 of title 38, United States Code, is amended by adding at the end the following new paragraph:

(3)If an individual with a claim for benefits under the laws administered by the Secretary submits to the Secretary a form under paragraph (1) that is not the correct form prescribed by the Secretary for such claim, the Secretary shall treat such form as an intent to file a claim under section 3.155 of title 38, Code of Federal Regulations, or successor regulation.

(b)

Modification of certain policy; assignment of certain cases

Section 7107 of title 38, United States Code, is amended—(1)in subsection (a), by adding at the end the following new paragraph:

(4)With respect to a case pertaining to a continuously pursued claim for benefits under the laws administered by the Secretary that was previously remanded by the Board to the Secretary, and for which an appellant has filed a subsequent notice of disagreement pursuant to this chapter, the Chairman of the Board shall ensure, to the maximum extent practicable, such case is—(A)treated as if such case was assigned to a docket maintained under subsection (a) on the date on which the initial notice of disagreement was filed; and (B)assigned to the member of the Board who held the most recent hearing relevant to such case.

; and

(2)in subsection (e)— (A)in the heading by inserting

and withdrawing cases

after

changing dockets

;(B)by striking The Secretary and inserting (1) The Secretary; (C)by striking an appellant and all that follows through the end of the subsection and inserting the following:

an appellant, at any time before the date on which the appellant’s case is assigned to an individual employed by the Department responsible for writing the decision of the Board with respect to such case to—(A)move such case from one docket to another docket; and(B)withdraw a claim or issue within a claim from consideration by the Board.

; and

(D)by adding at the end the following new paragraph:

(2)Under such policy, the Secretary may not permit an appellant to move the appellant’s case from one to docket to another docket after such date.

(c)

Notice of untimely evidence

Section 7113 of such title is amended by adding at the end the following new subsection:

(d)

Notice of untimely evidence

If an appellant, or the representative of such appellant, submits to the Secretary evidence in connection with a case before the Board on a date that is not during a period during which such evidence may be submitted under this section, the Secretary shall promptly notify the appellant—(1)that such evidence—(A)is untimely; and(B)may not be considered as part of the evidentiary record before the Board; and(2)of the right of the appellant to move such case from one docket to another docket pursuant to the policy required by section 7107(e) of this title.