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Overhauls how veterans’ benefits claims and appeals are processed and reviewed. It requires the Department of Veterans Affairs to share requested records and contact information with claimants, prioritize returned or remanded claims, set clear rules for hearings and transcripts, launch electronic filing and case management for appeals, clarify when decisions must be re‑decided, and limit any fee for filing a notice of intent to appeal. Shifts court review by expanding the Veterans Claims court’s jurisdiction, routing appeals from that court to the Federal Circuit, and updating the legal standard of review. Several related statutory subsections are removed or renumbered to fit these changes.
Add new subsection (b) to 38 U.S.C. 5103A requiring the Secretary, within 90 days of a claimant’s request, to provide specified documents and information to the claimant. The list includes: the veteran’s claims file; a paginated copy of each relevant document component in the record; contact information of the individual adjudicating the claim; contact information and curriculum vitae of any independent medical expert offering an advisory opinion; copies of correspondence relating to the claim between Department employees or between a Department employee and any other individual; and, upon the claimant’s request and adequate identification/authorization, a copy of any relevant document in the possession of the Secretary or any other Federal department or agency.
Require that the Secretary’s duty to provide assistance under section 5103A continue until the agency of original jurisdiction schedules a hearing to adjudicate the claim (addition to subsection (f) as redesignated).
Amend 38 U.S.C. 5104(b) to change the content of notice of denials so that a denial must include (A) identification of the elements not satisfied that led to the denial and (B) a summary of the veteran’s rights to appeal the denial.
Amend 38 U.S.C. 5104B(c) to allow a veteran to supplement the evidentiary record during a higher-level review and to require a higher-level reviewer to return the claim to the agency of original jurisdiction if the reviewer identifies an error by that agency that constituted a failure to satisfy duties under section 5103A and that error occurred before the original decision.
Amend 38 U.S.C. 5108(a) to require the Secretary to readjudicate a supplemental claim, taking all evidence of record into account, when (1) new and material evidence is presented or secured, (2) the Board of Veterans’ Appeals identifies a clear and unmistakable error by the agency of original jurisdiction, or (3) a law or regulation enacted after the denial of the original claim permits the veteran to bring the supplemental claim.
Veterans and other claimants should see faster and more transparent claims and appeals. Guaranteed access to key records and contact information can help them understand decisions and strengthen their cases. Clear hearing and transcript rules and a modern e‑filing system aim to reduce delays and confusion.
Department of Veterans Affairs staff and the Board of Veterans’ Appeals will need to implement new processes, upgrade IT systems for electronic filing and case management, and meet tighter timelines for remanded cases. This may require training and operational changes but should improve overall throughput and consistency.
Courts will see changes in caseload and review. The Veterans Claims court gains broader authority, and the Federal Circuit serves as the appellate venue from that court. Updated standards of review may affect how often court decisions change VA outcomes, potentially increasing clarity and uniformity in veterans’ law over time.
Redesignates subsections (b) through (i) as (c) through (j); inserts new subsection (b) requiring the Secretary, within 90 days upon claimant request, to provide specified documents (claims file; paginated copies of relevant evidence components; adjudicator contact information; contact information and CV of independent medical expert providing advisory opinion; correspondence relating to the claim; and copies of documents the claimant authorizes the Secretary to obtain). Adds paragraph (3) to subsection (f) requiring duty to provide assistance to continue until agency schedules a hearing. Amends subsection (i) wording.
Amends paragraph (5) to require that a notice of denial identify elements not satisfied leading to the denial and provide a summary of the veteran's appeal rights. Also makes various insertion edits to paragraphs (2), (3), and (7).
Revises subsection (c) to allow a veteran to supplement the evidentiary record during a higher-level review and requires the higher-level reviewer to return the claim to the agency of original jurisdiction if the reviewer identifies a pre-decision error constituting a failure to satisfy duties under 5103A.
Amends subsection (a) to require readjudication of a supplemental claim when new and material evidence is presented or secured; when the Board identifies a clear and unmistakable error by the agency of original jurisdiction; or when a law or regulation enacted after the denial permits the veteran to bring such supplemental claim.
Adds new subsection (f) defining 'clear and unmistakable error' for decisions by the Secretary to include errors of law, fact, or application manifest on the face of the decision and affecting outcome; misinterpretation or misapplication of statutes or unambiguous regulations.
Strikes existing section 5109B and inserts a new section establishing expedited treatment by the Veterans Benefits Administration for claims returned by a higher-level adjudicator or remanded by the Board, generally requiring action within 90 days with limited extension authority by the Board.
Amends section 5904(c) to add a new subparagraph (B) permitting a reasonable fee in connection with filing a notice of intent to appeal under section 511, not to exceed the lesser of $200 or 20 percent of the initial payment from the claimant to the attorney.
Amends subsection (c)(1) to allow the Chairman to designate a retired Armed Forces officer who previously served as a military judge to serve as acting Board member for periods not to exceed 180 days and requires such designees to complete training as determined appropriate by the Secretary. Adds reporting metric in subsection (d) for number of decisions remanded or returned to the Board, disaggregated by Board member.
Amends qualifications to require an administrative law judge appointed under 5 U.S.C. 3105 and membership in good standing of a State bar. Alters performance review timing provisions, establishing review timing conditions (initial one-year review, every three years thereafter, and trigger when >60% of decisions are remanded in a 12-month period).
Redesignates subsection (c) as (d) and inserts new subsection (c) prohibiting assignment of subsequent proceedings associated with a decision remanded to the Board to the member who issued the decision.
And 10 more affected sections...
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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.
Introduced February 21, 2025 by Josh S. Gottheimer · Last progress February 21, 2025
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.
Introduced in House