118 HR 5890 RH: Review Every Veterans Claim Act of 2023
U.S. House of Representatives
2024-09-10
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.
IB
Union Calendar No. 554
118th CONGRESS
2d Session
H. R. 5890
[Report No. 118–658]
IN THE HOUSE OF REPRESENTATIVES
October 3, 2023
Mr. Luttrell introduced the following bill
October 25, 2023
Referred to the Committee on Veterans' Affairs
September 10, 2024
Additional sponsors: Ms. Stefanik, Mr. Posey, and Ms. Wild
September 10, 2024
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on October 3, 2023
A BILL
To amend title 38, United States Code, to limit the authority of the Secretary of Veterans Affairs to deny the claim of a veteran for benefits under the laws administered by such Secretary on the sole basis that such veteran failed to appear for a medical examination associated with such claim.
1.

Short title
This Act may be cited as the “Review Every Veterans Claim Act of 2023”.
2.

Prohibition on denial of claims for benefits under laws administered by Secretary of Veterans Affairs on sole basis that veteran failed to appear for certain medical examination
Subsection (d) of section 5103A of title 38, United States Code, is amended—
(1)
in the heading, by striking “compensation claims” and inserting “claims for benefits”;
(2)
in paragraph (2), by striking “treat an examination or opinion as being necessary to make a decision on a claim for purposes of” and inserting “provide for a medical examination or obtain a medical opinion under”; and
(3)
by adding at the end the following new paragraph:
“(3)
If a veteran fails to appear for a medical examination provided by the Secretary in conjunction with a claim for a benefit under a law administered by the Secretary, the Secretary may not deny such claim on the sole basis that such veteran failed to appear for such medical examination.”.
3.

Board of Veterans’ Appeals: jurisdiction; elements of decisions
(a)

Jurisdiction
Section 7104 of title 38, United States Code, is amended, in subsection (a)—
(1)
by inserting “(1)” before “All questions”; and
(2)
by adding at the end the following new paragraphs:
“(2)
The Board shall determine, in the first instance, whether the Board has jurisdiction regarding a matter.
(3)
If the Board, on its own initiative, raises a question of a potential jurisdictional defect, the Board shall notify the parties and allow the parties an opportunity to respond.”.
(b)

Elements of decisions
Subsection (d) of such section is amended as follows:
(1)
In paragraph (2)—
(A)
in subparagraphs (A) and (B), by striking “; and” both places it appears and inserting a semicolon;
(B)
by redesignating subparagraph (B), as amended, as subparagraph (C); and
(C)
by inserting, after subparagraph (A), the following new subparagraph (B):
“(B)
if such evidence was not considered as described in subparagraph (A), identifying the time when such evidence was received and the provision of section 7113 of this title that establishes that such evidence may not be received at such time; and”.
(2)
By redesignating paragraph (3) as paragraph (4).
(3)
By inserting, after paragraph (2), the following new paragraph (3):
“(3)
the written determination of the Board whether the notice of disagreement was adequate and timely filed under section 7105 of this title; and”.
(c)

Conforming amendment
Section 7105 of such title is amended by striking subparagraph (C) of paragraph (1) of subsection (b).
4.

Board of Veterans’ Appeals publication of dates of docket activity
Section 7107 of title 38, United States Code, is amended by adding at the end the following new subsection:
“(f)

Publication of expected actions
(1)
On a weekly basis, for each docket, the Board shall publish, on a website of the Department, notice of the docket dates of the cases assigned to a Board member for a decision for that week.
(2)
Each notice published under paragraph (1) shall include a statement that an assignment described in such paragraph does not require the Board to issue a decision regarding the case during such week.
(3)
Paragraph (1) shall not apply to a case—
(A)
that has been advanced under subsection (b); or
(B)
remanded by the United States Court of Appeals for Veterans Claims.”.
5.

Modification of certain housing loan fees
The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking “November 15, 2031” each place it appears and inserting “November 22, 2031”.
September 10, 2024
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed