II 111th CONGRESS 2d Session S. 3348 IN THE SENATE OF THE UNITED STATES May 12, 2010 Mr. Akaka introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to provide for the treatment of documents that express disagreement with decisions of the Board of Veterans' Appeals and that are misfiled with the Board within 120 days of such decisions as motions for reconsideration of such decisions, and for other purposes.

1.

Treatment of certain misfiled documents as motions for reconsideration of decisions by Board of Veterans' Appeals

Section 7103 of title 38, United States Code, is amended— (1)by redesignating subsection (c) as subsection (d); and (2)by inserting after subsection (b) the following new subsection (c): (c)(1)Except as provided in paragraph (2), if a person adversely affected by a final decision of the Board, who has not filed a notice of appeal with the United States Court of Appeals for Veterans Claims under section 7266(a) of this title within the period set forth in that section, files a document with the Board or the agency of original jurisdiction referred to in section 7105(b)(1) of this title that expresses disagreement with such decision not later than 120 days after the date of such decision, such document shall be treated as a motion for reconsideration of such decision under subsection (a). (2)A document described in paragraph (1) shall not be treated as a motion for reconsideration of the decision under paragraph (1) if— (A)the Board or the agency of original jurisdiction referred to in paragraph (1)— (i)receives the document described in paragraph (1); (ii)determines that such document expresses an intent to appeal the decision to the United States Court of Appeals for Veterans Claims; and (iii)forwards such document to the United States Court of Appeals for Veterans Claims; and (B)the United States Court of Appeals for Veterans Claims receives such document within the period set forth by section 7266(a) of this title. .