Sponsors
Last progress June 9, 2025 (8 months ago)
Introduced on June 9, 2025 by Mike Bost
Referred to the House Committee on Veterans' Affairs.
Changes how certain appeals to the Board of Veterans’ Appeals are handled and extends a deadline for limits on some VA pension payments. The Board may no longer deny supplemental-claim appeals solely because the appellant did not submit new evidence; after a court remand the Board is restricted in what new evidence it may consider but must accept evidence the appellant or their representative files within 90 days. The bill also pushes a statutory cutoff date for pension payment limits from November 30, 2031 to January 30, 2035.
In an appeal of a decision under 38 U.S.C. 5108 about a supplemental claim under 38 U.S.C. 5104C(a)(1)(B), the Board may not deny relief (including by denying review of the merits) solely because the appellant did not present or secure new and relevant evidence for that supplemental claim.
Except as provided in paragraph (2), for cases remanded to the Board by the Court of Appeals for Veterans Claims, the evidentiary record before the Board shall be limited to the evidence previously considered by the Board in that case.
The evidentiary record for such remanded cases shall include evidence submitted by the appellant and his or her representative, if any, within 90 days following the remand, and the Board shall consider that evidence in the first instance.
Amend 38 U.S.C. 5503(d)(7) by striking “November 30, 2031” and inserting “January 30, 2035.”
Who is affected and how:
VA claimants and veterans: The changes make it harder for the Board to deny supplemental-claim appeals on a procedural basis (absence of new evidence). Appellants who previously risked denial for failing to submit "new" evidence may now retain access to relief under that supplemental-claim avenue. The 90-day acceptance window after a remand ensures appellants (or their representatives) have a defined, guaranteed period to submit evidence that the Board must accept.
Representatives of claimants (attorneys, accredited agents, VSO representatives): Will have a clearer, statutory 90-day window to submit evidence after remand and may use that window to supplement cases; this changes timing and case-preparation practices.
Board of Veterans’ Appeals and VA adjudicators: Must update internal procedures to limit what evidence they consider post-remand and to accept evidence submitted within the 90-day window. This could change workflows, require training, and modestly affect case-processing patterns.
Pension recipients (veterans/survivors subject to the referenced pension limits): The extension of the statutory cutoff date delays the end of the period during which the specified pension payment limits apply, potentially affecting benefit calculations or eligibility for some claimants through January 30, 2035.
Overall administrative and budgetary impact: The bill appears mainly procedural and likely has limited direct fiscal impact beyond administrative costs to update processes and guidance. The pension date extension could have budgetary implications for VA pension outlays, but the summary provided does not include cost estimates.