[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2574 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2574

     To amend title 38, United States Code, to revise and improve 
  adjudication and appeals procedures relating to claims for benefits 
      under the jurisdiction of the Secretary of Veterans Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 1993

 Mr. Slattery (for himself and Mr. Bilirakis) introduced the following 
     bill; which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
     To amend title 38, United States Code, to revise and improve 
  adjudication and appeals procedures relating to claims for benefits 
      under the jurisdiction of the Secretary of Veterans Affairs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``Veterans' 
Adjudication and Appeals Improvements Act of 1993''.
    (b) References to Title 38, United States Code.--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.

                   TITLE I--ADJUDICATION IMPROVEMENTS

SEC. 101. ELIMINATION OF REQUIREMENT FOR ANNUAL INCOME QUESTIONNAIRES.

    Section 1506 is amended--
            (1) in paragraph (2), by striking out ``shall'' and 
        inserting in lieu thereof ``may''; and
            (2) in paragraph (3), by striking out ``file a revised 
        report'' and inserting in lieu thereof ``notify the 
        Secretary''.

SEC. 102. TIME PERIOD FOR RESPONDING TO NOTICE OF INCOMPLETE 
              APPLICATION.

    Section 5103(a) is amended by striking out ``one year'' and 
inserting in lieu thereof ``120 days''.

SEC. 103. RESTATEMENT OF BURDEN OF PROOF, DUTY TO ASSIST, AND BENEFIT 
              OF DOUBT.

    The text of section 5107 is amended to read as follows:
    ``(a) Except as otherwise provided in this title, a person who 
submits a claim for benefits under a law administered by the Secretary 
shall bear the burden of establishing such claim by submitting evidence 
sufficient to justify a belief by a fair and impartial individual that 
the claim is well grounded. A claim shall be considered to be well 
grounded if the evidence presented is sufficient to evoke a reasonable 
probability that the claim is valid. Mere allegations, unsupported by 
evidence, shall not form the basis for a conclusion that the claim is 
well grounded.
    ``(b) The Secretary shall provide reasonable assistance to a 
claimant in developing the facts pertinent to the claim. Except in the 
case of evidence or information within the control of the Department or 
other Federal department or agency, the duty to provide such assistance 
shall be considered to be met upon a showing of a good faith effort by 
the Secretary to obtain such evidence. Nothing in this subsection shall 
be construed as shifting from the claimant to the Secretary the burden 
specified in subsection (a).
    ``(c) When, after consideration of all evidence and material of 
record in a case before the Department with respect to benefits under 
law administered by the Secretary, there is an approximate balance of 
positive and negative evidence regarding the merits of an issue 
material to the determination of the matter, the benefit of doubt in 
resolving each such issue shall be given to the claimant.''.

SEC. 104. CLARIFICATION OF REVIEW ON REOPENED CLAIMS.

    Section 5108 is amended by adding at the end the following: ``Such 
review shall be limited to the issue to which the new and material 
evidence is related.''.

SEC. 105. LIMIT ON RETROACTIVE AWARDS.

    Section 5110 is amended by adding at the end the following:
    ``(o) The effective date of an award or an increased award based on 
a finding of clear and unmistakable error in fact or law in a prior 
decision shall be in accordance with the facts found, but shall not be 
retroactive for more than ten years before receipt of the allegation of 
error.''.

SEC. 106. PLAN FOR REORGANIZATION OF ADJUDICATION DIVISIONS IN REGIONAL 
              OFFICES.

    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 House of Representatives a plan 
to provide for the reorganization of adjudication divisions located 
within the regional offices of the Veterans Benefits Administration to 
a number of such divisions that would result in greater efficiency in 
the processing of claims filed by veterans, their survivors, or other 
eligible persons for benefits administered by the Secretary.

SEC. 107. TRANSFER OF MILITARY MEDICAL RECORDS FROM DEPARTMENT OF 
              DEFENSE.

    The Secretary of Veterans Affairs shall, not later than 90 days 
after the date of the enactment of this Act, seek to enter into an 
agreement with the Secretary of Defense to implement a plan to provide 
for the immediate transfer to the Department of Veterans Affairs, upon 
the separation of a member of the Armed Forces from active duty, of the 
service medical records of that member.

           TITLE II--BOARD OF VETERANS' APPEALS IMPROVEMENTS-

SEC. 201. COMPOSITION OF BOARD OF VETERANS' APPEALS.

    (a) Repeal of Limitation on Size of Board.--Section 7101(a) is 
amended by striking out ``(not more than 65)''.
    (b) Ethical and Legal Limitations on Chairman.--Section 7101(b)(1) 
is amended by inserting after the first sentence the following: ``The 
Chairman shall be subject to the same ethical and legal limitations and 
restrictions concerning involvement in partisan political activities as 
apply to judges of the United States Court of Veterans Appeals.''.
    (c) Temporary Members of the Board.--Section 7101(c)(1) is amended 
to read as follows:
    ``(1) The number of temporary members of the Board may not exceed 
10 percent of the total number of Board members at any time.''.
    (d) Repeal of Report Requirement.--Paragraph (3) of section 7101(c) 
is repealed.

SEC. 202. ASSIGNMENT OF MATTERS BEFORE THE BOARD.

    Section 7102 is redesignated as section 7103 and is amended to read 
as follows:
``Sec. 7103. Assignment of matters before the Board
    ``(a) Subject to subsection (b), the Chairman may determine any 
matter before the Board, rule on any motion in connection therewith, or 
may assign any such matter or motion to any other Board member or a 
panel of members for determination. Any such assignment by the Chairman 
shall not be reviewed by any other official or by any court, whether by 
an action in the nature of mandamus or otherwise.
    ``(b) The authority granted under subsection (a) shall expire on 
September 30, 1995.''.

SEC. 203. DETERMINATIONS BY THE BOARD.

    Section 7103 is redesignated as section 7104 and the text thereof 
is amended to read as follows:
    ``(a) When the Chairman retains a matter or submits it to another 
Board member or panel of members for determination in accordance with 
section 7102 of this title, or to a panel of Board members in 
accordance with subsection (e), the Board member or members shall do 
the following:
            ``(1) Issue an order dismissing any appeal, in whole or in 
        part, which fails to allege specific error of fact or law in 
        the determination being appealed or in which the determination 
        being appealed has become moot. Each order of dismissal shall 
        include a written statement of the Board's findings and 
        conclusions, and the reasons and bases for those findings and 
        conclusions, in support of the dismissal.
            ``(2) Issue an order remanding the case, in whole or in 
        part, to the agency of original jurisdiction for such 
        additional development as the member or panel of members may 
        consider necessary for proper disposition of the case.
            ``(3) Render a written decision with respect to any issues 
        not dismissed or remanded, which shall constitute the Board's 
        final disposition of the issues so decided. Such decision shall 
        be based on the entire record in the proceeding, upon 
        consideration of all evidence and material of record, and upon 
        applicable provisions of law and regulation.
    ``(b) Each decision of a Board member or of a panel of members 
shall include--
            ``(1) a written statement of the Board's findings and 
        conclusions, and the reasons and bases for those findings and 
        conclusions, on all material issues of fact and law presented 
        on the record; and
            ``(2) an order granting appropriate relief or denying 
        relief.
    ``(c)(1) Decisions by a panel of Board members under this section 
shall be based on a majority vote of the members of the panel.
    ``(2) The decision of a Board member or of a panel of members is 
final unless the Chairman grants an administrative allowance as 
authorized under subsection (d) or orders reconsideration of the case 
pursuant to subsection (e).
    ``(d) Except in the case of a claim which has been the subject of 
reconsideration pursuant to subsection (e), if a Board member other 
than the Chairman is of the opinion that an otherwise final denial of a 
claim should be revised or amended to allow the claim in whole or in 
part based on a difference of opinion as to how the evidence should be 
evaluated rather than on any error in the prior decision, the Board 
member may recommend allowance of the claim to the Chairman. If the 
Chairman agrees with the Board member, the Chairman shall approve the 
award of any benefit or increase therein, on the basis of such 
difference of opinion.
    ``(e)(1) A claimant may seek reconsideration of a final decision of 
the Board by filing a motion for reconsideration with the Board within 
120 days after the date on which notice of the Board's decision is 
mailed pursuant to section 7104(e) of this title.
    ``(2) The Chairman or Vice Chairman shall review each motion for 
reconsideration and may order such reconsideration upon a showing of 
good cause. The decision of the Chairman or Vice Chairman to order 
reconsideration or to deny such reconsideration shall not be reviewed 
by any other official or by any court by an action in the nature of 
mandamus or otherwise. If a motion for reconsideration is granted, 
there shall be no further review by the Board of the matter except as 
provided in this subsection.
    ``(3) If the Chairman or Vice Chairman orders reconsideration of an 
appeal, the matter shall be referred to a panel of not less than three 
Board members, not including the Board member who rendered the initial 
decision, which shall render its decision after reviewing the entire 
record before the Board.
    ``(4) The standard of review upon reconsideration shall be whether 
the decision under consideration involved an obvious error in fact or 
law affecting the result.
    ``(f) After reaching a determination under any of the provisions of 
this section, the Board shall promptly mail a copy of its written 
decision to the claimant and the claimant's authorized representative 
(if any) at the last known address of the claimant and the last known 
address of such representative (if any).
    ``(g) The Board shall be bound in its decisions by regulations of 
the Department, and precedent opinions of the chief legal officer of 
the Department.
    ``(h) A claim disallowed by the Board may not thereafter be 
reopened except as provided in section 5108 of this title.''.

SEC. 204. JURISDICTION OF THE BOARD.

    Section 7104 is transferred so as to appear after section 7101, 
redesignated as section 7102, and amended to read as follows:
``Sec. 7102. Jurisdiction of the Board
    ``All questions in a matter which under section 511(a) of this 
title is subject to decision by the Secretary shall be subject to one 
review on appeal to the Secretary. Final decisions on such appeals 
shall be made by the Board.''.

SEC. 205. FILING OF NOTICE OF DISAGREEMENT AND APPEAL.

    (a) Period for Filing Notice of Disagreement.--Section 7105(b)(1) 
is amended--
            (1) by striking out ``one year'' in the first sentence and 
        inserting in lieu thereof ``120 days''; and
            (2) by striking out ``one-year'' in the second sentence and 
        inserting in lieu thereof ``120-day''.
    (b) Finality of Action or Determination.--Section 7105(d)(3) is 
amended by adding after the third sentence the following: ``If no 
formal appeal is received within this time period, the action or 
determination shall become final and the claim may not thereafter be 
reopened or allowed, except as may otherwise be provided by regulations 
not inconsistent with this title.''.
    (c) Repeal of Grounds for Dismissal.--Section 7105(d) is amended by 
striking out paragraph (5).

SEC. 206. PERIOD FOR ADMINISTRATIVE APPEAL.

    Section 7106 is amended by striking out ``one-year'' and inserting 
in lieu thereof ``120-day''.

SEC. 207. HEARINGS.

    Section 7110 is amended to read as follows:
``Sec. 7110. Hearings
    ``(a) The Board shall decide an appeal only after affording a 
claimant an opportunity for a hearing.
    ``(b) A hearing docket shall be maintained and formal recorded 
hearings shall be held by such member or members of the Board as the 
Chairman may designate. Such Board member or members conducting such 
hearing shall participate in the final determination in the claim.
    ``(c) A claimant may request a personal hearing before the Board at 
either its principal location or at a regional office of the 
Department. Any hearing held at a regional office of the Department 
shall be scheduled for hearing in the order in which the requests for 
hearings in that area are received by the Department. Other than a 
hearing authorized under subsection (d), the Chairman may not authorize 
more than 1,000 hearings by Board members at regional offices in any 
fiscal year.
    ``(d) At the request of the Chairman, the Secretary may provide 
suitable facilities and equipment to the Board or other components of 
the Department to enable a claimant located at a regional office to 
participate, through picture or voice transmission (or both) by 
electronic or other means, in a hearing with a Board member or members 
sitting at the Board's principal location. When such facilities and 
equipment are available, the Chairman may afford a claimant an 
opportunity to participate in a hearing before the Board through the 
use of such facilities and equipment in lieu of a personal appearance 
before the Board member or members. Any such hearing shall be conducted 
in the same manner as, and be considered the equivalent of, a personal 
hearing.''.

SEC. 208. CLERICAL AMENDMENT.

    The table of sections at the beginning of chapter 71 is amended--
            (1) by striking out the items relating to sections 7102, 
        7103, and 7104 and inserting in lieu thereof the following:

``7102. Jurisdiction of the Board.
``7103. Assignment of matters before the Board.
``7104. Filing of notice of disagreement and appeal.''; and
            (2) by striking out the item relating to section 7110 and 
        inserting in lieu thereof the following:

``7110. Hearings.''.

SEC. 209. EFFECTIVE DATE.

    The amendments made by this title shall take effect 60 days after 
the date of the enactment of this Act.

           TITLE III--COURT OF VETERANS APPEALS IMPROVEMENTS

SEC. 301. RECORD BEFORE COURT.

    Section 7252(b) is amended by inserting ``entire'' after ``shall be 
on the''.

SEC. 302. SCOPE OF REVIEW.

    Section 7261(c) is amended by striking out the period at the end 
and inserting in lieu thereof the following: ``, nor shall the Court 
consider an issue not presented on appeal to the Board of Veterans' 
Appeals.''.

SEC. 303. EFFECTIVE DATE.

    The amendments made by this title shall apply with respect to cases 
for which an appeal is filed with the United States Court of Veterans 
Appeals after the end of the 60-day period beginning on the date of the 
enactment of this Act.

                                 <all>