[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8136 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8136

  To amend title 38, United States Code, to improve the processes by 
    which a veteran may appeal decisions affecting the provision of 
   benefits under the laws administered by the Secretary of Veterans 
                    Affairs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2024

 Mrs. Peltola (for herself, Mr. Moylan, and Mr. Gottheimer) introduced 
 the following bill; which was referred to the Committee on Veterans' 
   Affairs, and in addition to the Committee on the Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to improve the processes by 
    which a veteran may appeal decisions affecting the provision of 
   benefits under the laws administered by the 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 ``VA Appeals Reform Act of 2024''.

SEC. 2. IMPROVEMENTS TO SYSTEM FOR ADJUDICATION OF CLAIMS FOR BENEFITS 
              UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF VETERANS 
              AFFAIRS.

    (a) Duty To Assist; Supplemental Claims; Expedited Treatment of 
Certain Claims.--Chapter 51 of title 38, United States Code, is 
amended--
            (1) in section 5103A--
                    (A) by redesignating subsections (b) through (i) as 
                subsections (c) through (j), respectively;
                    (B) by inserting after subsection (a) the following 
                new subsection:
    ``(b) Assistance Upon Request of the Claimant.--As part of the 
assistance provided under subsection (a), the Secretary shall, not 
later than 90 days after the claimant makes a request for assistance 
under this subsection, provide any of the following documents:
            ``(1) The veteran's claims file.
            ``(2) A paginated copy of each component of each document 
        in the evidence of record that the Secretary determines is 
        relevant to the claim.
            ``(3) The contact information of the individual 
        adjudicating the claim.
            ``(4) The contact information and curriculum vitae of any 
        independent medical expert described in section 5109 of this 
        title offering an advisory medical opinion in connection with 
        the claim.
            ``(5) A copy of any correspondence relating to the claim 
        between--
                    ``(A) one or more employees of the Department; and
                    ``(B) an employee of the Department and any other 
                individual.
            ``(6) Upon the request of the claimant, a copy of any 
        document relevant to the claim that the claimant adequately 
        identifies and authorizes the Secretary to obtain that is in 
        the possession of--
                    ``(A) the Secretary; or
                    ``(B) the head of any Federal department or 
                agency.''.
                    (C) in subsection (f) (as so redesignated), by 
                adding at the end the following new paragraph:
    ``(3) The duty of the Secretary to provide assistance under this 
section to a claimant with respect to a claim under this section shall 
continue until such time as the agency of original jurisdiction 
schedules a hearing to adjudicate the claim.''; and
                    (D) in subsection (i) (as so redesignated), by 
                striking ``except when new and relevant evidence is 
                presented or secured, as'' and inserting ``except as 
                provided under the conditions'';
            (2) in section 5104(b)--
                    (A) in paragraph (2), by inserting before the 
                period at the end ``, including citations to applicable 
                page numbers.'';
                    (B) in paragraph (3), by inserting ``, included as 
                an appendix'' after ``regulations'';
                    (C) in paragraph (5), by striking ``denial'' and 
                all that follows through the end of the paragraph and 
                inserting ``denial--
                    ``(A) an identification of elements not satisfied 
                leading to the denial; and
                    ``(B) a summary of the rights of the veteran to 
                appeal such denial.''; and
                    (D) in paragraph (7), by inserting ``, including 
                the diagnostic codes used in the determination of the 
                disability percentage and a citation to the applicable 
                regulation'' after ``compensation'';
            (3) in section 5104B, by amending subsection (c) to read as 
        follows:
    ``(c) Evidentiary Record for Review.--(1) In the course of a 
higher-level review, the veteran may supplement the evidentiary record 
before the higher-level reviewer.
    ``(2) If, during review of the agency of original jurisdiction 
decision, the higher-level reviewer identifies an error on the part of 
the agency of original jurisdiction that constitutes a failure to 
satisfy its duties under section 5103A of this title, and that error 
occurred prior to the agency of original jurisdiction decision being 
reviewed, the higher-level reviewer shall return the claim to the 
agency of original jurisdiction.'';
            (4) in section 5108, by amending subsection (a) to read as 
        follows:
    ``(a) In General.--The Secretary shall readjudicate a supplemental 
claim, taking into consideration all of the evidence of record when, 
with respect to such supplemental claim--
            ``(1) new and material evidence is presented or secured;
            ``(2) the Board of Veterans Appeals identifies a clear and 
        unmistakable error on the part of the agency of original 
        jurisdiction; or
            ``(3) a law or regulation enacted after the date of the 
        denial of the original claim permits the veteran to bring such 
        supplemental claim.'';
            (5) in section 5109A, by adding at the end the following 
        new subsection:
    ``(f) In this section, the term `clear and unmistakable error' 
includes, with respect to a decision by the Secretary, any of the 
following:
            ``(1) Any error of law, fact, or application of law to 
        fact--
                    ``(A) that is manifest on the face of such 
                decision; and
                    ``(B) affected the outcome of such decision.
            ``(2) The misinterpretation or misapplication of a statute, 
        regardless of whether such decision otherwise complies with 
        regulations issued by the Secretary in effect as of the date of 
        such decision.
            ``(3) The misinterpretation or misapplication of an 
        unambiguous regulation, regardless of whether such decision 
        otherwise complies with the regulations described in paragraph 
        (2).''; and
            (6) by striking section 5109B and inserting the following 
        new section 5109B:
``Sec. 5109B. Expedited treatment of returned and remanded claims
    ``(a) In General.--The Secretary shall take such actions as may be 
necessary to provide for the expeditious treatment by the Veterans 
Benefits Administration of any claim that is--
            ``(1) returned by a higher-level adjudicator under section 
        5104B of this title; or
            ``(2) remanded by the Board of Veterans' Appeals.
    ``(b) Deadline.--(1) Except as provided in paragraph (2), with 
respect to any claim described in subsection (a), the Secretary shall 
take the actions under such subsection not later than 90 days after the 
date on which--
            ``(A) a higher-level adjudicator returned such claim; or
            ``(B) the Board of Veterans' Appeals remanded such claim.
    ``(2) The Board of may, upon motion of the claimant, extend the 
deadline under paragraph (1) if the Board determines there is good 
cause for such extension.''.
    (b) Attorney Fees for Filing of Notice of Intent To Appeal Certain 
Decisions.--Section 5904(c) of title 38, United States Code is 
amended--
            (1) in paragraph (4)--
                    (A) by striking the enumerator and inserting 
                ``(4)(A)''; and
                    (B) by striking ``under this paragraph'' and 
                inserting ``under this subparagraph''; and
            (2) by adding at the end, the following new subparagraph:
    ``(B) A reasonable fee, not to exceed the lesser of $200 or 20 
percent of the initial payment from the claimant to the attorney, may 
be charged or paid in connection with the filing of a notice of intent 
to appeal a decision by the Secretary under section 511 of this title 
affecting the provision of benefits to a claimant.''.
    (c) Appointment of Administrative Law Judges; Performance Reviews; 
Scheduling Conferences.--Chapter 71 of title 38, United States Code, is 
amended as follows:
            (1) In section 7101--
                    (A) in subsection (c)(1)--
                            (i) by amending subparagraph (A) to read as 
                        follows:
    ``(A) The Chairman may from time to time designate a retired 
officer of the Armed Forces who previously served as a military judge 
(as defined in section 801 of title 10 (article 1 of the Uniform Code 
of Military Justice)) to serve as an acting member of the Board. Except 
as provided in subparagraph (B), any such designation shall be for a 
period not to exceed 180 days, as determined by the Chairman.''; and
                            (ii) by adding at the end the following new 
                        subparagraph:
    ``(E) An individual designated pursuant to subparagraph (A) shall 
complete a program of training with respect to the laws administered by 
the Secretary that the Secretary determines appropriate.''; and
                    (B) in subsection (d)--
                            (i) in subparagraph (F), by striking ``; 
                        and'' and inserting a semicolon;
                            (ii) by redesignating subparagraph (G) as 
                        subparagraph (H); and
                            (iii) by inserting after subparagraph (F), 
                        the following new subparagraph:
            ``(G) the number of decisions of the Board remanded or 
        returned to the Board, disaggregated by the Board member who 
        issued the final decision so remanded or returned; and''.
            (2) In section 7101A--
                    (A) in subsection (a)(2), by striking ``shall be'' 
                and all that follows through the end of the paragraph 
                and inserting ``shall be--
            ``(A) an administrative law judge appointed under section 
        3105 of title 5; and
            ``(B) a member in good standing of the bar of a State.''; 
        and
                    (B) in subsection (c)(1)--
                            (i) in subparagraph (B), by striking ``Not 
                        less than one year after the job performance 
                        standards under subsection (f) are initially 
                        established, and not less often than once every 
                        three years thereafter'' and inserting ``Under 
                        the conditions described in subparagraph (C)''; 
                        and
                            (ii) by adding at the end the following new 
                        subparagraph:
    ``(C) The performance review panel shall review the job performance 
of a member of the Board--
            ``(i) not less than one year after the job performance 
        standards under subsection (f) are initially established;
            ``(ii) not less often than once every three years after 
        such standards are established; and
            ``(iii) when, during any 12-month-period, the Court of 
        Appeals for Veterans Claims or a higher authority remands to 
        the Board more than 60 percent of the decisions issued by such 
        member.''.
            (3) In section 7102--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the following 
                new subsection:
    ``(c) In the case of a decision of the Board that is remanded to 
the Board by the Court of Appeals for Veterans Claims or a higher 
authority, any subsequent proceeding associated with the decision so 
remanded may not be assigned to the member of the Board who issued such 
decision.''.
            (4) In section 7105--
                    (A) in the heading, by inserting ``; scheduling 
                conferences'' after ``Filing of appeal'';
                    (B) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively; and
                    (C) by inserting after subsection (b) the following 
                new subsection:
    ``(c)(1) Not later than 90 days after a veteran files a notice of 
disagreement under subsection (a), the Board of Veterans Appeals shall 
hold, by picture and voice transmission, a conference with such veteran 
and the representative of such veteran, if any, to schedule such 
hearing.
    ``(2) During the conference under paragraph (1), the Board shall--
            ``(A) provide the veteran--
                    ``(i) not fewer than 30 days for such veteran to 
                request a hearing;
                    ``(ii) not fewer than 30 days to secure counsel for 
                such hearing;
                    ``(iii) not fewer than 60 days for such veteran to 
                submit to the Board the specific determinations or 
                findings of the Board with which the claimant 
                disagrees;
                    ``(iv) not fewer than 120 days for such veteran to 
                submit evidence relating to the determinations 
                described in clause (iii);
                    ``(v) information relating to the rules governing 
                an appeal under this chapter; and
                    ``(vi) contact information for a representative of 
                the Board, including an electronic mail address; and
            ``(B) schedule a tentative date for such hearing.
    ``(3) The Secretary may, upon motion of the veteran, extend the 
deadlines described in clauses (i) through (iv) of subparagraph (A) for 
good cause, including the failure of the Secretary to provide requested 
relevant or material information.''.
            (5) In section 7107--
                    (A) in subsection (a)--
                            (i) by striking ``two separate dockets'' 
                        each place it appears and inserting ``one 
                        docket''; and
                            (ii) in paragraph (3)--
                                    (I) by striking ``(A)'';
                                    (II) by striking ``, except that 
                                cases'' and all that follows through 
                                ``are assigned''; and
                                    (III) by striking subparagraph (B); 
                                and
                    (B) in subsection (e), by inserting ``, if 
                applicable'' before the period at the end; and
                    (C) by adding at the end the following new 
                subsection:
    ``(f) Hearing Transcripts.--The Board, upon the request of the 
veteran and at no cost to such veteran, provide such veteran with a 
copy of the transcript of the hearing and a digital recording of any 
picture and voice transmission considered during such hearing.''.
            (6) In section 7111, by adding at the end the following new 
        subsection:
    ``(g) In this section, the term `clear and unmistakable error' 
includes, with respect to a decision of the Board, any of the 
following:
            ``(1) Any error of law, fact, or application of law to 
        fact--
                    ``(A) that is manifest on the face of such 
                decision; and
                    ``(B) affected the outcome of such decision.
            ``(2) The misinterpretation or misapplication of a statute, 
        regardless of whether such decision otherwise complies with 
        regulations issued by the Secretary in effect as of the date of 
        such decision.
            ``(3) The misinterpretation or misapplication of an 
        unambiguous regulation, regardless of whether such decision 
        otherwise complies with the regulations described in paragraph 
        (2).'';
            (7) By adding at the end the following new section (and 
        conforming the table of chapters at the beginning of such 
        chapter accordingly):
``Sec. 7114. Program to establish electronic case management and filing 
              system
    ``(a) In General.--The Secretary shall establish an electronic 
filing and case management system for the purposes of processing 
appeals under this chapter.
    ``(b) Elements.--The system required by subsection (a) shall 
include--
            ``(1) an internet database of documents relating to appeals 
        under this chapter;
            ``(2) subject to subsection (d), a mechanism by which 
        attorneys approved by the Office of the General Counsel of the 
        Department to represent a veteran before the Board of Veterans 
        Appeals may access such internet database to an extent the 
        Secretary determines appropriate; and
            ``(3) a mechanism by which a veteran, or the attorney or 
        representative of a veteran, can submit to the Board of 
        Veterans Appeals documents relating to an appeal under this 
        chapter, in portable document format or other commercially 
        available format, through such internet database.
    ``(c) Training.--Not later than one year after the date on which 
the Secretary establishes the program required by subsection (a), the 
Secretary shall make available to attorneys described in subsection 
(b)(2) training on such program.
    ``(d) Certification of Good Standing.--As a condition of access to 
the internet database described in subsection (b)(2), the Secretary may 
require an attorney to provide to the Secretary a certificate of good 
standing from a State court or Federal district court.
    ``(e) Required Consideration.--In carrying out subsection (a), the 
Secretary shall consider the case management/electronic filing system 
(CM/ECF) administered by United States District Courts.''.
    (d) Disclosure of Certain Medical Records.--Section 7332(b)(2) of 
title 38, United States Code, is amended by adding at the end the 
following new subparagraphs:
            ``(J) To the patient, and the attorney of such patient, if 
        any, for the purposes of using such record in connection with 
        an appeal under chapter 71 of this title.
            ``(K) To the Court of Appeals for Veterans Claims, for 
        purposes of filing an appeal under chapter 72 of this title.''.
    (e) Deadline for Certain Mechanism.--The Secretary of Veterans 
Affairs shall establish the mechanism described in paragraph (3) of 
subsection (b) of section 7112 of title 38, United States Code, as 
added by subsection (c)(7), by not later than 180 after the date of the 
enactment of this Act.

SEC. 3. EXPANSION OF JURISDICTION OF UNITED STATES COURT OF APPEALS FOR 
              VETERANS CLAIMS AND UNITED STATES COURT OF APPEALS FOR 
              THE FEDERAL CIRCUIT.

    (a) United States Court of Appeals for Veterans Claims.--
            (1) Expansion.--Section 502 of title 38, United States 
        Code, is amended by striking ``the Federal Circuit'' and 
        inserting ``Veterans Claims''.
            (2) Scope of review of certain claims.--Section 7261 of 
        such title is amended--
                    (A) in paragraph (4) of subsection (a), by striking 
                ``clearly erroneous'' and inserting ``arbitrary and 
                capricious'';
                    (B) by striking subsection (c);
                    (C) by redesignating subsection (d) as subsection 
                (c); and
                    (D) in subsection (c) (as so redesignated), by 
                striking ``shall review only questions raised as to 
                compliance with and the validity of the regulation'' 
                and inserting ``shall review such decision and the 
                accompanying findings of fact by trial de novo''.
    (b) United States Court of Appeals for the Federal Circuit.--
            (1)  Expansion.--Section 1295(a) of title 28, United States 
        Code, is amended--
                    (A) in paragraph (13), by striking ``; and'';
                    (B) in paragraph (14), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(15) of an appeal from a final decision of the United 
        States Court of Appeals for Veterans Claims.''.
            (2) Repeal of certain provision.--Section 7292 of title 38, 
        United States Code, is repealed.
            (3) Conforming amendments.--Section 7252 of such title is 
        amended by striking subsection (c).
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