[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2137 Reported in House (RH)]
<DOC>
Union Calendar No. 549
119th CONGRESS
2d Session
H. R. 2137
[Report No. 119-633]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2025
Mr. Luttrell (for himself, Mr. McGarvey, Mr. Weber of Texas, and Mr.
Pfluger) introduced the following bill; which was referred to the
Committee on Veterans' Affairs
May 4, 2026
Additional sponsors: Mr. Mills, Mr. Vindman, Mr. Neguse, Mr. Thompson
of California, Mrs. Kiggans of Virginia, and Mr. Hernandez
May 4, 2026
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 March
14, 2025]
_______________________________________________________________________
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.
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 ``Review Every Veterans Claim Act of
2025''.
SEC. 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.''.
SEC. 3. 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--
``(1) the average length of time a claim (or an issue
within a claim) that was remanded by the Board of Veterans'
Appeals was or has been pending before the Secretary after such
remand;
``(2) the number of cases that advanced on the docket by
reason of a motion that was filed under section 7107(b) of this
title and on which the Board ruled, disaggregated by--
``(A) whether a motion was granted or denied; and
``(B) the reason provided for the motion; and
``(3) the number of appeals dismissed by the Board,
disaggregated by--
``(A) whether or not the dismissal was by reason of
the death of the appellant; and
``(B) in the case of a dismissal by reason of the
death of the appellant, whether or not such death was a
result of suicide.''.
(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) Guidelines for Advancement of Cases on Docket of Board.--Not
later than one year after the date of the enactment of this Act, the
Secretary of Veterans Affairs, in consultation with the Board of
Veterans' Appeals and the General Counsel of the Department of Veterans
Affairs, shall prescribe guidelines for the advancement of a case on
the docket of the Board on a motion for earlier consideration and
determination under section 7107(b)(3) of title 38, United States Code.
Such guidelines shall include the type of evidence that may be
submitted with the motion for the advancement of the case to show
grounds for such a motion.
(c) 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
an issue within such a claim), including any such instance in
which the relevant decision concerned a failure on the part of
the agency of original jurisdiction to satisfy the duty of the
Secretary to assist under section 5103A of this title;
``(3) supplemental claims under section 5108 of this title
that are 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 an issue within such a claim); and
``(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.
``(b) Annual Report.--(1) The Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate an annual report that includes all information maintained and
tracked pursuant to subsection (a).
``(2) The first report required by paragraph (1) shall be submitted
by not later than one year after the date of the enactment of the
Veterans Appeals Efficiency Act of 2025.''.
(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:
``5109C. Requirement to track and maintain information on certain
claims for benefits; notice of certain
assignments.''.
(d) Improvements to Board of Veterans' Appeals.--
(1) Authority to aggregate certain claims.--
(A) In general.--Section 7104(a) of such title is
amended by inserting after the second sentence the
following new sentence: ``If the Chairman of the Board
determines that more than one appeal involves common
questions of law or fact, the Chairman may aggregate
such appeals to decide such questions of law or
fact.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect on the date of the
enactment of this Act and apply beginning on the date
on which the Secretary of Veterans Affairs completes
the development of the policies and procedures required
under subsection (g)(4)(A)(ii).
(2) Requirement to ensure substantial compliance with
certain decisions.--Such section is further amended--
(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 a member of the Board, shall
ensure substantial compliance with any decision of the Board to remand
a claim.
``(2) The agency of original adjudication may waive the requirement
under paragraph (1) with respect to a decision of the Board to remand a
claim to the Secretary, if a member of the Board determines--
``(A) evidence added to the evidentiary record 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 waives such requirement, the applicable
member of the Board shall include, pursuant to subsection (d), a
determination of such waiver in the decision of the Board.''.
(3) Definition of aggregate; report.--Such section is
further amended by adding at the end the following new
subsections:
``(h) Not later than five years after the date of the enactment of
the Veterans Appeals Efficiency Act of 2025, and every five years
thereafter, the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
aggregation of claims by the Board under subsection (a). Each such
report shall include--
``(1) an identification of each instance in which the Board
aggregated appeals during the period covered by the report,
including, for each such instance, the number of appeals that
were aggregated;
``(2) an assessment of whether the aggregation of appeals
has contributed to improved efficiency at the Board with
issuing decisions on appeals; and
``(3) such other matters as the Secretary determines
appropriate.
``(i) In this section, the term `aggregate'--
``(1) means any practice or procedure to collect common
issues, claims, or appeals by multiple parties for the purposes
of resolving such issues, claims, or appeals; and
``(2) includes the use of joinder, consolidation,
intervention, class actions, and any other multiparty
proceedings.''.
(e) 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)(A) In a covered proceeding in which the appellant or
petitioner files a request for class certification pursuant to the
rules prescribed by the Court pursuant to section 7264 of this title,
the Court shall have supplemental jurisdiction over any claim for
benefits under the laws administered by the Secretary--
``(i) that satisfies the definition of the class contained
in the request for class certification; and
``(ii) for which the agency of original jurisdiction has
issued a nonfinal decision and the claimant has filed a notice
of disagreement under section 5104C(a) or section 7105 of this
title, including any case in which a claimant has filed a
supplemental claim within one year of a Board decision under
section 5110(a)(2)(D) and 5108 of this title following a notice
of disagreement and decision of the Board.
``(B) For purposes of subparagraph (A)--
``(i) a covered proceeding means an appeal over which the
Court has jurisdiction pursuant to section 7266 of this title;
and
``(ii) the definition of the class contained in the request
for class certification includes claimants who have filed or
will file a claim for benefits under the laws administered by
the Secretary specified in such request for class
certification.
``(2) A claimant may submit a request for administrative review of
such a claim under section 5104C(a) of this title during the period
beginning on the date on which the named claimant of the motion for
class action review submits to the Court a motion for class action
review and ending on the date that is 60 days after the later of the
following dates:
``(A) The date on which the Court issues a final decision
with respect to such claim.
``(B) The date on which the Court issues a final decision
with respect to such motion for class action review.
``(3) In the case of a claimant whose claim is decided by the Board
during the period when the Court is reviewing the motion for class
action review the deadline for such claimant to file an appeal to the
Court with respect to the decision of the Board shall be tolled if the
Court denies the motion for class action review.
``(c)(1) In the case of a claim for benefits under the laws
administered by the Secretary, 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 if the Court determines the
Board failed to--
``(A) address, in the relevant decision of the Board, an
issue that--
``(i) the claimant or the representative of the
claimant raised; or
``(ii) was reasonably raised by the evidentiary
record of the claim; or
``(B) provide adequate reasons or bases for the decision of
the Board with respect to such question.
``(2) The Court shall issue Rules that provide for each of the
following:
``(A) When and how a party to an appeal (either the
appellant or the Secretary) may request that the Court issue a
limited remand.
``(B) The period of time within which the Board is required
issue a decision on the relevant question identified in a
limited remand.
``(C) Guidelines for when the Court may grant a request for
a limited remand.
``(D) Guidelines for when the Court may decide sua sponte
to issue a limited remand without a request from any party.
``(E) A requirement that the parties to an appeal for which
a limited remand is issued provide notice to the Court when the
Board issues its decision on the relevant question identified
in the limited remand.
``(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.''.
(f) 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).
(g) 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 under which
the FFRDC shall conduct 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) Report; briefings.--If the Secretary fails to finalize
an agreement with an FFRDC under paragraph (1) before the date
that is 180 days after the date on which the Secretary enters
negotiations with respect to such agreement, the Secretary
shall--
(A) submit to the Committees on Veterans' Affairs
of the House of Representatives and the Senate a report
that includes--
(i) an explanation of the reasons the
Secretary failed to satisfy such requirement;
and
(ii) an estimate of the date on which the
Secretary will finalize the agreement under
paragraph (1); and
(B) not less frequently than once every 60 days
after the date on which the Secretary failed to satisfy
such requirement, provide to the Committees on
Veterans' Affairs of the House of Representatives and
the Senate a briefing on the progress of the Secretary
toward finalizing such agreement.
(3) Assessment.--An FFRDC that enters into an agreement
under subsection (a) shall, in consultation with veterans
service organizations, veterans' and survivors' advocate
groups, relevant legal experts, and the Chair of the
Administrative Conference of the United States (or the designee
or designees of such Chair) 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
common questions of law or fact pursuant to section
7104 of such title, as amended by subsection (d)(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 so amended.
(4) Report; implementation.--
(A) In general.--Not later than 90 days after the
Secretary receives the assessment under subsection (b),
the Secretary shall--
(i) submit to the Committees on Veterans'
Affairs of the Senate and House of
Representatives a copy of such assessment; and
(ii) begin developing policies and
procedures to implement the recommendations in
the assessment with respect to the authority of
the Board of Veterans' Appeals referred to in
paragraph (2)(B).
(B) Deadline.--The Secretary shall complete the
development of the policies and procedures required
under subparagraph (A)(ii) by not later than six months
after the date on which the Secretary begins developing
such policies and procedures.
(5) Definitions.--In this subsection:
(A) The term ``FFRDC'' means a federally funded
research and development center.
(B) The term ``veterans service organization''
means an organization recognized by the Secretary for
the representation of veterans under section 5902 of
title 38, United States Code.
SEC. 4. IMPROVEMENTS TO SYSTEM FOR ADJUDICATION OF CLAIMS FOR BENEFITS
UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.
(a) Program for Quality Assurance in Decisions of Board of
Veterans' Appeals; Performance Reviews.--
(1) In general.--Section 7101 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(f)(1) The Chairman shall carry out a program to ensure quality
in the decisions of the Board. Under such program, the Chairman shall--
``(A) develop policies and procedures for--
``(i) measuring quality in such decisions;
``(ii) maintaining data and identifying trends with
respect to--
``(I) errors in such decisions;
``(II) errors in decisions remanded or
returned to the Board by the Court of Appeals
for Veterans Claims; and
``(III) specific members of the Board that
issued decisions that were subsequently vacated
by the Court of Appeals for Veterans Claims;
and
``(iii) ensuring any such decision of the Board to
remand a claim for a benefit under a law administered
by the Secretary is necessary under any applicable law
or regulation;
``(B) with respect to a claim for such a benefit that is
remanded to the Board by the Court of Appeals for Veterans
Claims--
``(i) inform any employee of the Board responsible
for drafting the decision of the Board with respect to
such claim that such decision was remanded;
``(ii) provide any such employee with a copy of the
relevant order of the Court of Appeals for Veterans
Claims (including a copy of any accompanying joint
motion for remand); and
``(iii) provide incentives to such employees to
review such relevant orders and joint motions for
remand; and
``(C) ensure, to the maximum extent practicable, that any
error identified by the Board under such program is corrected
before the date on which the Board issues the final decision
associated with such error.
``(2) In developing policies and procedures to measure quality in
decisions of the Board pursuant to clause (i) of subparagraph (A) of
paragraph (1), the Chairman shall consider the data and trends
maintained and identified pursuant to clause (ii) of such subparagraph.
``(3) The Chairman may use technology, including artificial
intelligence, to maintain such data and identify such trends.
``(4) The Secretary shall submit to the Committees on Veterans'
Affairs of the House of Representatives and the Senate an annual report
on the program required by this subsection that includes, with respect
to the period covered by the report, an identification of--
``(A) elements, if any of the process of the Board for
reviewing an appeal under this chapter that lead to errors in
decisions of the Board; and
``(B) the most common reasons that a claim for a benefit
under a law administered by the Secretary was remanded to such
Board by the Court of Appeals for Veterans Claims.''.
(2) Deadline.--The Secretary shall submit the first report
required by paragraph (2) of such section (as added by
paragraph (1)) by not later than one year after the date of the
enactment of this Act.
(b) Training Program for Certain Employees of Board of Veterans'
Appeals; Performance Reviews.--
(1) Training program.--
(A) In general.--Chapter 71 of such title (as
amended by subsection (a)) is further amended by
inserting after section 7101A the following new
section:
``Sec. 7101B. Training program for Members of Board on timely and
correct adjudication of appeals
``(a) In General.--The Secretary, in conjunction with the Chairman
of the Board of Veterans' Appeals, shall develop and carry out a
program to provide Members of the Board training on timely and correct
adjudication of appeals under this chapter.
``(b) Required Considerations.--In carrying out the program
required by subsection (a), the Secretary shall consider the following:
``(1) Feedback, if any, from members of the Board and
covered employees with respect to such program.
``(2) Data on errors in decisions of the Board maintained
pursuant to the program for quality assurance required by
subsection (f) of section 7101 of this title.
``(3) Any decision of the Court of Appeals for Veterans
Claims to remand a claim for benefits under the laws
administered by the Secretary to the Board for further action,
including a joint motion to remand such claim.
``(c) Assessments of Effectiveness.--The Secretary, in conjunction
with the Chairman of the Board of Veterans' Appeals, shall develop a
method to assess, on an annual basis, the effectiveness of the training
program under this section. In developing such method, the Secretary
shall consider best practices for assessing the effectiveness of
training programs, including the Kirkpatrick evaluation model.
``(d) Report.--The Secretary shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate an
annual report on the program required by subsection (a) that includes,
with respect to the period covered by the report--
``(1) a statement of the topics of the training provided
pursuant to this section, disaggregated by--
``(A) mandatory training; and
``(B) non-mandatory training; and
``(2) the results of the assessment of the effectiveness of
such program required under subsection (b).
``(e) Covered Employee Defined.--In this section, the term `covered
employee' means an employee of the Board who is--
``(1) not a member of the Board; and
``(2) responsible for drafting decisions of the Board.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 7101A the following
new item:
``7101B. Training program for Members of Board on timely and
correct adjudication of appeals.''.
(2) Performance reviews of members of the board.--Section
7101A of such title (as amended by paragraph (1)) is amended--
(A) in subparagraph (B) of subsection (c)(1) by
striking ``not less often than once every three years''
and inserting ``not less often than annually''; and
(B) by adding at the end the following new
subsection:
``(h)(1) With respect to any performance review of a covered
employee, the Secretary may not consider the timeliness or quality of
work of any Member of the Board.
``(2) In this subsection, the term `covered employee' has the
meaning given such term in section 7101B of this title.''.
(c) Decisions of Board to Remand.--
(1) Information relating to decisions to remand.--Section
7104 of such title is amended in subsection (d)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respsectively; and
(B) by inserting before paragraph (2) (as so
redesignated), the following new paragraph:
``(1) with respect to a claim that the Board remands for
further action, a statement of the specific reasons such claim
was remanded, including any failure on the part of the
Secretary to comply with--
``(A) the Secretary's duty to assist under section
5103A of this title; and
``(B) the Secretary's duty to notify under section
5103 of this title;''.
(2) Notice of remanded decision for certain employees.--
Such section is further amended in--
(A) subsection (e)--
(i) by redesignating paragraphs (1) through
(3) as subparagraphs (A) through (C),
respectively;
(ii) by striking ``After'' and inserting
``(1) After''; and
(iii) by adding at the end the following
new paragraph:
``(2) If, pursuant to a decision on an appeal, the Board remands a
claim for a benefit under a law administered by the Secretary for
further action, the Secretary shall, to the maximum extent practicable,
issue a copy of such decision to each employee of the Veterans Benefits
Administration who committed the error resulting in the decision of the
Board to remand, when applicable.''; and
(B) in subsection (g), as redesignated by section
3(d)(2)(A), by striking ``under subsection (e)'' and
inserting ``under paragraph (1) of subsection (e)''.
(d) Annual Reports for Board of Veterans' Appeals.--
(1) In general.--Chapter 71 of title 38, United States
Code, is amended by inserting after section 7114 the following
new section:
``Sec. 7115. Annual report on Board of Veterans' Appeals
``The Chairman of the Board shall submit to the Committees on
Veterans' Affairs of the House of Representatives and the Senate an
annual report that includes, for each decision of the Board to remand a
claim for a benefit under a law administered by the Secretary to the
Secretary for further adjudication during the period covered by the
report, a statement of the reasons for such decision of the Board,
disaggregated by decisions on--
``(1) claims with a rating decision dated on or after
February 19, 2019; and
``(2) claims with a rating decision dated before such
date.''.
(2) Deadlines.--The Secretary shall submit the first
reports required by subsections (a) and (b) of section 7115 of
such title (as added by paragraph (1)) by not later than one
year after the date of the enactment of this Act.
(3) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 7114 the following new item:
``7115. Annual report on Board of Veterans' Appeals''.
(e) Plan for Improvements to Quality in Decisions of Board.--
(1) In general.--Not later than six months after the date
of the enactment of this Act, the Secretary of Veterans
Affairs, in consultation with the Chairman of the Board of
Veterans' Appeals and the head of the Office of Administrative
Review of the Veterans Benefits Administration, shall develop a
plan to--
(A) improve the quality of decisions of the Board
to remand, pursuant to section 7104 of title 38, United
States Code, claims for a benefit under a law
administered by the Secretary to the Secretary for
further action; and
(B) mitigate the number of such decisions that are
unnecessary under any applicable law or regulation.
(2) Report.--The Secretary shall submit to the Committees
on Veterans' Affairs of the House of Representatives and the
Senate a report on such plan by not later than six months after
the date of the enactment of this Act.
SEC. 5. NOTICE OF AVOIDABLE DEFERRALS OF CLAIMS FOR BENEFITS UNDER LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS; STUDY
AND REPORT ON CERTAIN OPINIONS OF DEPARTMENT OF VETERANS
AFFAIRS OFFICE OF GENERAL COUNSEL.
(a) Notice of Avoidable Deferrals.--Not later than one year after
the date of the enactment of this Act, the Secretary of Veterans
Affairs shall develop policies, procedures, and technological
capabilities to ensure that each employee of the Veterans Benefits
Administration that commits an avoidable deferral with respect to a
claim for benefits under the laws administered by the Secretary of
Veterans Affairs in the National Work Queue is notified of any
avoidable deferrals that such employee commits with respect to the same
claim.
(b) Study and Report on Certain OGC Opinions.--
(1) Study.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
consultation with the Office of the General Counsel of the
Department of Veterans Affairs and the Chairman of the Board of
Veterans' Appeals, shall complete a study to identify--
(A) issues about which an opinion from the Office
of the General Counsel of the Department would foster
consistency in the decisions of the Secretary with
respect to claims for benefits under the laws
administered by the Secretary; and
(B) issues raised in appeals of such decisions to
the United States Court of Appeals for Veterans Claims
before the date of the enactment of this Act about
which the Office of the General Counsel has had
inconsistent opinions in matters involving
substantially similar questions of law or fact.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committees on Veterans' Affairs of the House of
Representatives a report that includes--
(A) the findings of the study required by paragraph
(1);
(B) a statement of which issues identified pursuant
to such study about which the Office of the General
Counsel of the Department intends to publish an
opinion; and
(C) a timeline for the publication of any such
opinion.
SEC. 6. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is amended by
striking ``November 30, 2031'' and inserting ``December 31, 2034''.
Union Calendar No. 549
119th CONGRESS
2d Session
H. R. 2137
[Report No. 119-633]
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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.
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May 4, 2026
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed