Veterans' Choice of Representation Act

Veterans' Choice of Representation Act - Amends federal law concerning a veteran's representation by an agent or attorney to allow the payment of attorney fees from the date the claimant files a Notice of Disagreement in the case. (Currently, such fees may not be paid before the Board of Veterans' Appeals first makes a final decision in the case.) Repeals the requirement that, in order to be paid, an attorney must be retained within a one-year period after the case has begun.

Authorizes: (1) the Secretary of Veterans Affairs to review an attorney's fee agreement and order a reduction if the Secretary finds that the fee is excessive or unreasonable; and (2) judicial review of such findings.

Requires (currently, authorizes) the Secretary to direct the payment of attorney fees out of any past-due benefits awarded to a veteran in a proceeding.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4914 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4914

To amend title 38, United States Code, to remove certain limitations on 
     attorney representation of claimants for veterans benefits in 
 administrative proceedings before the Department of Veterans Affairs, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2006

Mr. Evans (for himself and Ms. Berkley) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to remove certain limitations on 
     attorney representation of claimants for veterans benefits in 
 administrative proceedings before the Department 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' Choice of Representation 
Act''.

SEC. 2. ATTORNEY REPRESENTATION IN VETERANS BENEFITS CLAIMS CASES 
              BEFORE THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Authority for Representation After Notice of Disagreement Is 
Filed.--Subsection (c) of section 5904 of title 38, United States Code, 
is amended in paragraph (1) by striking ``the Board of Veterans' 
Appeals first makes a final decision in the case'' and inserting ``the 
claimant files a Notice of Disagreement in the case''.
    (b) Repeal of One-Year Period for Retaining Attorney.--Paragraph 
(1) of such subsection is further amended by striking the second and 
third sentences.
    (c) Attorney Fees.--Such subsection is further amended--
            (1) in paragraph (1), by striking ``paragraph (3)'' and 
        inserting ``paragraph (4)'';
            (2) in paragraph (2)--
                    (A) by striking ``after the Board first makes a 
                final decision in the case'' and inserting ``after a 
                Notice of Disagreement is filed in the case'';
                    (B) by striking ``with the Board at such time as 
                may be specified by the Board'' and inserting ``with 
                the Secretary pursuant to regulations prescribed by the 
                Secretary''; and
                    (C) by striking the second and third sentences;
            (3) by redesignating paragraph (3) as paragraph (4); and
            (4) by inserting after paragraph (2) the following new 
        paragraph (3):
    ``(3)(A) The Secretary, upon the Secretary's own motion or at the 
request of the claimant, may review a fee agreement filed pursuant to 
paragraph (2) and may order a reduction in the fee called for in the 
agreement if the Secretary finds that the fee is excessive or 
unreasonable. A fee that does not exceed 20 percent of the past due 
amount of benefits awarded on the claim shall be presumed to be 
reasonable.
    ``(B) A finding or order of the Secretary under subparagraph (A) 
may be reviewed by the United States Board of Veterans' Appeals under 
section 7104 of this title.''.
    (d) Payment of Attorneys Fees.--Subsection (d)(3) of such section 
is amended by striking ``may'' in the first sentence and inserting 
``shall''.
    (e) Effective Date.--The amendments made by this section shall 
apply--
            (1) to any case for which a Notice of Disagreement is filed 
        with the Secretary of Veterans Affairs on or after the date of 
        the enactment of this Act; and
            (2) to any case for which a Notice of Disagreement is filed 
        with the Secretary of Veterans Affairs before the date of the 
        enactment of this Act and that as of the date of the enactment 
        of this Act is pending before the Secretary.
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