[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7917 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7917
To amend title 38, United States Code, to improve the efficiency of
adjudications and appeals of claims for benefits under laws
administered by Secretary of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2024
Mr. Bost (for himself, Ms. Stefanik, 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 improve the efficiency of
adjudications and appeals of claims for benefits under laws
administered by Secretary of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Appeals Efficiency Act of
2024''.
SEC. 2. IMPROVEMENTS TO EFFICIENCY OF ADJUDICATIONS AND APPEALS OF
CLAIMS FOR BENEFITS UNDER LAWS ADMINISTERED BY SECRETARY
OF VETERANS AFFAIRS.
(a) Annual Report on Length of Adjudications.--
(1) In general.--Section 5109B of title 38, United States
Code, is amended--
(A) by striking ``The Secretary'' and inserting
``(a) In General.--The Secretary''; and
(B) by adding at the end the following new
subsection:
``(b) Annual Report.--The Secretary shall submit to the Committees
on Veterans' Affairs of the House of Representatives and the Senate an
annual report that includes, with respect to the period covered by the
report, a statement of the average length of time a claim (or issue
within a claim) that is remanded by the Board of Veterans' Appeals is
pending before the Secretary after such return or remand.''.
(2) Deadline.--The Secretary of Veterans Affairs shall
submit the first report required by subsection (b) of section
5109B of such title (as added by paragraph (1)) by not later
than one year after the date of the enactment of this Act.
(b) Requirement To Track Certain Claims for Benefits.--
(1) In general.--Chapter 51 of title 38, United States
Code, is amended by inserting after section 5109B the following
new section:
``Sec. 5109C. Requirement to track and maintain information on certain
claims for benefits; notice of certain assignments
``(a) In General.--The Secretary shall use technology to track and
maintain information (including information with respect to timeliness)
on--
``(1) claims for benefits under the laws administered by
the Secretary (including issues within such claims) that are--
``(A) continuously pursued in accordance with--
``(i) sections 5104C(a) and 5110(a)(2) of
this title; or
``(ii) any other policy established by the
Secretary;
``(B) filed in the National Work Queue (or any
successor system) but have not been assigned to an
office of the Veterans Benefits Administration for
adjudication;
``(C) afforded expeditious treatment by the
Veterans Benefits Administration pursuant to section
5109B of this title or any other policy established by
the Secretary;
``(D) remanded by the Board of Veterans' Appeals to
the Secretary pursuant to section 7104 of this title;
or
``(E) pending a hearing by the Board of Veterans'
Appeals under section 7107 of this title;
``(2) instances in which an adjudicator of the Veterans
Benefits Administration does not comply with a relevant
decision of the Board of Veterans' Appeals to remand a claim
for benefits under the laws administered by the Secretary (or
issue within such claim), including such instances in which the
relevant decision concerned a failure on the part of the agency
of original jurisdiction to satisfy the Secretary's duty to
assist under section 5103A of this title;
``(3) supplemental claims under section 5108 of this title
filed--
``(A) in accordance with section 5104C(a) and
section 5110(a)(2) of this title; and
``(B) after the date of the applicable final
decision of the Secretary with respect to a claim for
benefits under the laws administered by the Secretary
(or issue within such claim);
``(4) first notices submitted to the Secretary of the death
of individuals in receipt of benefits under the laws
administered by the Secretary, disaggregated by such
individuals who were--
``(A) assigned a fiduciary; and
``(B) not assigned a fiduciary; and
``(5) decisions of the Board of Veterans' Appeals to remand
a claim for benefits under the laws administered by the
Secretary that the Chairman of the Board of Veterans' Appeals
determines were unnecessary pursuant to subsection (f) of
section 7104 of this title.
``(b) Notice of Reason for Certain Assignments.--In carrying out
this section, the Secretary shall prescribe rules and regulations to
ensure that a claimant (or the representative of a claimant) may view
or otherwise obtain notice of the reasons a relevant claim for benefits
under the laws administered by the Secretary is--
``(1) deferred for additional action by an office of the
Veterans Benefits Administration in the National Work Queue (or
any successor system); or
``(2) assigned a suspense date for further action in the
National Work Queue (or any successor system).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5109B the following new item:
``Sec. 5109C. Requirement to track and maintain information on certain
claims for benefits; notice of certain
assignments''.
(c) Improvements to Board of Veterans' Appeals.--
(1) Authority to aggregate certain claims.--Section 7104 of
such section is amended in subsection (a) by inserting after
the second sentence ``If the Chairman of the Board determines
that more than one appeal involves substantially similar
questions of law or fact, the Chairman may aggregate such
appeals for review.''.
(2) Requirement to ensure substantial compliance with
certain decisions.--Such section is further amended by adding
at the end the following new subsection--
(A) by redesignating subsection (f) as subsection
(g); and
(B) by inserting after subsection (e) the following
new subsection (f):
``(f)(1) The Secretary, acting through the Chairman of the Board,
shall ensure substantial compliance with any decision of the Board to
remand a claim.
``(2) The Secretary may waive the requirement under paragraph (1)
with respect to a decision of the Board to remand a claim to the
Secretary if the Chairman of the Board determines--
``(A) evidence added to the evidentiary after the date of
such decision is sufficient to resolve the issues underlying
such decision; or
``(B) such decision was unnecessary.
``(3) If the Secretary exercises the authority under paragraph (2),
the Secretary shall include, pursuant to subsection (d), a written
notation of such exercise in the decision of the Board.''.
(3) Motion for ogc opinion.--Section 7104 of such title is
amended by adding at the end the following new subsection:
``(g) The Board may, on its own initiative or upon motion of the
appellant, submit to the General Counsel a request for an opinion with
respect to a question of law arising in an appeal under review by the
Board.''.
(d) Expansion of Jurisdiction of Court of Appeals for Veterans
Claims.--Section 7252 of title 38, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsections:
``(b)(1) The Court shall have supplemental jurisdiction to review
an eligible claim pending a final decision of the Board of Veterans
Appeals with respect to such eligible claim.
``(2) The period during which a claimant may submit a request for
administrative review of an eligible claim under subsection (a) of
section 5104C of this title shall be tolled for the period beginning on
the date on which the claimant submits to the Court a motion for class
action review and ending on the date that is 60 days after the date on
which the Court issues a final decision with respect to--
``(A) such eligible claim; or
``(B) such motion for class action review, whichever is
later.
``(3) In this subsection, the term `eligible claim' means a claim
for benefits under the laws administered by the Secretary for which
relief may be granted on a class-wide basis pursuant to the rules of
practice and procedure of the Court of Appeals for Veterans Claims.
``(c)(1) The Court may remand a matter to the Board of Veterans'
Appeals for the limited purpose of ordering the Board to address a
question of law or fact in a claim for benefits under the laws
administered by the Secretary that the Court determines the Board
failed to--
``(A) address, in the relevant decision of the Board, an
issue that--
``(i) the claimant (or representative of such
claimant) raised; or
``(ii) was reasonably raised by the evidentiary
record of such claim; or
``(B) provide adequate reasons or bases for the decision of
the Board with respect to such question.
``(2) In issuing a remand under paragraph (1), the Court may
require the Board to issue a decision on the relevant question with a
certain period of time prescribed by the Court.
``(3) With respect to any matter remanded to the Board pursuant to
paragraph (1), the Court shall--
``(A) retain jurisdiction over such matter; and
``(B) stay the proceedings of the Court on such matter
until the date on which the Board issues the decision required
by such remand.''.
(e) Study and Report on Common Questions of Law or Fact Before
Board of Veterans' Appeals.--
(1) Study.--The Chairman of the Board of Veterans Appeals
shall carry out a study to identify questions of law or fact
the Board commonly considers when reviewing appeals pursuant to
section 7104 of title 38, United States Code, for which
precedential guidance would assist the Board in issuing final
decisions on such appeals. The Chairman may use artificial
intelligence and other technology in carrying out such study.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Chairman of the Board of Veterans
Appeals shall submit to the Committees on Veterans Affairs of
the House of Representatives and the Senate a report that
includes the findings of the study required by paragraph (1).
(f) Independent Assessment of Potential Modifications to Authority
of Board of Veterans' Appeals.--
(1) Agreement.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall seek to enter into an agreement with an FFRDC for an
assessment of the feasibility of modifying the authority of the
Board of Veterans' Appeals established under chapter 71 of
title 38, United States Code, to permit the Board to issue
precedential decisions with respect to questions of law or fact
arising in matters before the Board.
(2) Assessment.--An FFRDC that enters to an agreement under
subsection (a) shall submit to the Secretary a written
assessment that includes the following:
(A) The determination of the FFRDC of whether
modifying the authority of the Board to permit the
Board to issue precedential decisions with respect to
questions of law or fact arising in matters before the
Board is feasible.
(B) An assessment of the authority of the Board of
Veterans' Appeals to aggregate, for review, more than
one appeal under chapter 71 of such title that involves
substantially similar questions of law or fact pursuant
to section 7104 of such title (as amended by subsection
(c)(1)).
(C) The recommendations of the FFRDC with respect
to rules or principles to which the Board should adhere
when aggregating appeals for review pursuant to section
7104(a) of title 38, United States Code (as amended by
subsection (d)).
(3) Report; implementation.--Not later than 90 days after
the Secretary receives the assessment under subsection (b), the
Secretary shall--
(A) submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a copy of
such assessment; and
(B) create policies and procedures to implement the
recommendations in the assessment with respect to the
authority of the Board of Veterans' Appeals described
in subparagraph (B) of paragraph (2).
(4) Definitions.--In this subsection:
(A) The term ``FFRDC'' means a federally funded
research and development center.
(B) The terms ``claimant'' and ``notice'' have the
meanings given such terms in section 5100 of title 38,
United States Code.
(g) Plan for Timely Assignment of Claims.--The Secretary of
Veterans Affairs shall develop a plan to ensure claims for benefits
administered by the Secretary are assigned to an adjudicator of the
Veterans Benefits Administration of the Department of Veterans in a
timely manner to the National Work Queue (or any successor system of
the Department) and submit to the Committees on Veterans' Affairs of
the House of Representatives and the Senate a copy of such plan by not
later than one year after the date of the enactment of this Act.
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