3.0.0 5083 2023-01-11T13:31:33Z 2023-01-11T13:31:33Z House HR 2016-04-27 114 [Congressional Record Volume 162, Number 65 (Wednesday, April 27, 2016)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Ms. TITUS:H.R. 5083.Congress has the power to enact this legislation pursuantto the following:The bill is enacted pursuant to the power granted toCongress under Article I, Section 8, Amendment XVI, of theUnited States Constitution[Page H2067]]]> hsvr00 Veterans' Affairs Committee House Standing hsvr09 Disability Assistance and Memorial Affairs Subcommittee Referred to 2016-05-13T22:05:53Z Referred to 2016-04-27T14:02:20Z VA Accountability First and Appeals Modernization Act of 2016 114 5620 HR 2016-09-15 Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs. Related bill CRS SERVICE Act 114 6062 HR 2016-10-19 Referred to the Subcommittee on Military Personnel. Related bill CRS Department of Veterans Affairs Appeals Modernization Act of 2016 114 3328 S 2016-09-14 Read twice and referred to the Committee on Veterans' Affairs. Related bill CRS VA Accountability First and Appeals Modernization Act of 2016 114 3170 S 2016-07-12 Read twice and referred to the Committee on Veterans' Affairs. Related bill CRS 2016-05-13 hsvr09 Disability Assistance and Memorial Affairs Subcommittee 1 House committee actions Referred to the Subcommittee on Disability Assistance and Memorial Affairs. Committee 2016-04-27 Referred to the House Committee on Veterans' Affairs. IntroReferral H11100 2 House floor actions hsvr00 Veterans' Affairs Committee 2016-04-27 Introduced in House IntroReferral Intro-H 9 Library of Congress 2016-04-27 Introduced in House IntroReferral 1000 9 Library of Congress T000468 Rep. Titus, Dina [D-NV-1] Dina Titus D NV 1 N J000255 Rep. Jones, Walter B., Jr. [R-NC-3] WALTER JONES R NC B. 3 2016-09-12 False T000472 Rep. Takano, Mark [D-CA-41] Mark Takano D CA 41 2016-09-12 False H001055 Rep. Heck, Joseph J. [R-NV-3] Joseph Heck R NV J. 3 2016-09-12 False A000369 Rep. Amodei, Mark E. [R-NV-2] Mark Amodei R NV E. 2 2016-09-12 False E000179 Rep. Engel, Eliot L. [D-NY-16] ELIOT ENGEL D NY L. 16 2016-09-12 False S001168 Rep. Sarbanes, John P. [D-MD-3] John Sarbanes D MD P. 3 2016-09-12 False P000593 Rep. Perlmutter, Ed [D-CO-7] Ed Perlmutter D CO 7 2016-09-12 False E000288 Rep. Ellison, Keith [D-MN-5] Keith Ellison D MN 5 2016-09-12 False B001285 Rep. Brownley, Julia [D-CA-26] Julia Brownley D CA 26 2016-09-14 False K000382 Rep. Kuster, Ann M. [D-NH-2] Ann Kuster D NH M. 2 2016-09-14 False P000258 Rep. Peterson, Collin C. [D-MN-7] COLLIN PETERSON D MN C. 7 2016-09-14 False M001191 Rep. Murphy, Patrick [D-FL-18] Patrick Murphy D FL 18 2016-09-15 False L000480 Rep. Lowey, Nita M. [D-NY-17] NITA LOWEY D NY M. 17 2016-09-15 False W000797 Rep. Wasserman Schultz, Debbie [D-FL-23] Debbie Wasserman Schultz D FL 23 2016-09-15 False P000597 Rep. Pingree, Chellie [D-ME-1] Chellie Pingree D ME 1 2016-09-15 False B001278 Rep. Bonamici, Suzanne [D-OR-1] Suzanne Bonamici D OR 1 2016-09-19 False N000188 Rep. Norcross, Donald [D-NJ-1] Donald Norcross D NJ 1 2016-09-19 False B001281 Rep. Beatty, Joyce [D-OH-3] Joyce Beatty D OH 3 2016-09-19 False V000128 Rep. Van Hollen, Chris [D-MD-8] Chris Van Hollen D MD 8 2016-09-19 False F000454 Rep. Foster, Bill [D-IL-11] Bill Foster D IL 11 2016-09-19 False C001069 Rep. Courtney, Joe [D-CT-2] Joe Courtney D CT 2 2016-09-22 False L000397 Rep. Lofgren, Zoe [D-CA-19] ZOE LOFGREN D CA 19 2016-09-27 False G000410 Rep. Green, Gene [D-TX-29] GENE GREEN D TX 29 2016-09-27 False L000570 Rep. Lujan, Ben Ray [D-NM-3] Ben Lujan D NM R. 3 2016-11-15 False Armed Forces and National Security Administrative remedies Department of Veterans Affairs Evidence and witnesses Veterans' medical care Veterans' pensions and compensation Armed Forces and National Security 00 2016-04-27 Introduced in House 2016-11-16T15:26:35Z VA Appeals Modernization Act of 2016

This bill amends the Department of Veterans Affairs (VA) benefits appeals process to permit a claimant to request:

  • a review of the Agency of Original Jurisdiction's decision by a higher-level adjudicator within the agency under which no additional evidence may be submitted; or
  • a Board of Veterans Appeals (BVA) review under which no BVA hearing is requested and no additional evidence may be submitted or under which a BVA hearing is requested and the appellant requests an opportunity to submit additional evidence at, and within 90 days of, the hearing.

("Agency of Original Jurisdiction" means the activity which entered the original determination with regard to a claim for veterans benefits.)

The BVA shall maintain two such separate dockets.

A finding favorable to a claimant is binding on all subsequent VA adjudicators unless clear and convincing evidence is shown to the contrary.

The BVA may remand a claim to the agency to obtain a corrective advisory medical opinion.

The bill revises effective dates of awards provisions.

The VA's duty to assist a claimant shall not apply: (1) once the claimant is provided notice of the agency's initial decision, and (2) to higher-level agency or BVA review.

The VA is not required to send notice for a supplemental claim or to readjudicate a claim that has been disallowed except when new and relevant evidence is presented or secured (currently such provisions applies to reopening such claim).

A claimants's notice of disagreement must set out specific allegations of error of fact or law. The BVA is authorized to dismiss an appeal which fails to do so.

]]> VA Appeals Modernization Act of 2016 Display Title VA Appeals Modernization Act of 2016 Official Title as Introduced To amend title 38, United States Code, to improve the appeals process of the Department of Veterans Affairs. Introduced in House IH Short Titles as Introduced VA Appeals Modernization Act of 2016 Introduced in House 2016-04-27T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr5083ih/xml/BILLS-114hr5083ih.xml 2016-05-13 Referred to the Subcommittee on Disability Assistance and Memorial Affairs. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.