Veterans Appeals Improvement and Modernization Act of 2009 - Provides that if a veteran claimant submits evidence in support of a case for which a substantive appeal has been filed to the Board of Veterans' Appeals, such evidence shall be submitted directly to the Board and not to a regional office of the Department of Veterans Affairs (VA), unless the claimant requests that the evidence first be reviewed by the regional office.
Empowers the Court of Appeals for Veterans Claims to affirm, modify, reverse, remand, or vacate and remand a decision of the Board after deciding all relevant assignments of error raised on appeal. Provides that whenever the Court reverses a decision on the merits of a particular claim and orders an award of benefits, the Court need not decide any additional assignments of error relating to that claim.
Establishes the Veterans Judicial Review Commission to evaluate and make specific decisions to improve the administrative and judicial appellate review processes of veterans' and survivors' benefits determinations.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4121 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 4121
To amend title 38, United States Code, to improve the appeals process
of the Department of Veterans Affairs, to establish a commission to
study judicial review of the determination of veterans' benefits, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2009
Mr. Hall of New York (for himself, Mr. Bilbray, Mr. Lamborn, Mr.
Rodriguez, Mrs. Kirkpatrick of Arizona, Mrs. Halvorson, Mr. Donnelly of
Indiana, and Mr. Miller of Florida) introduced the following bill;
which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve the appeals process
of the Department of Veterans Affairs, to establish a commission to
study judicial review of the determination of veterans' benefits, 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 Appeals Improvement and
Modernization Act of 2009''.
SEC. 2. WAIVER OF REGIONAL OFFICE JURISDICTION OVER INCORPORATION OF
SUPPLEMENTAL EVIDENCE INTO PREVIOUSLY SUBMITTED CLAIMS.
(a) Waiver.--Section 7104 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(f) If a claimant submits new evidence in support of a case for
which a substantive appeal has been filed, such evidence shall be
submitted to the Board directly and not to a regional office of the
Department, unless the claimant requests that the evidence be reviewed
by the regional office before being submitted to the Board.''.
(b) Effective Date.--Subsection (f) of section 7104 of title 38,
United States Code, as added by subsection (a) of this section, shall
apply with respect to evidence submitted on or after the date that is
90 days after the date of the enactment of this Act.
SEC. 3. MODIFICATION OF JURISDICTION AND FINALITY OF DECISIONS OF THE
COURT OF APPEALS FOR VETERANS CLAIMS.
(a) Modification.--Subsection (a) of section 7252 of title 38,
United States Code, is amended--
(1) by striking the third sentence; and
(2) by adding at the end the following new sentence: ``The
Court shall have power to affirm, modify, reverse, remand, or
vacate and remand a decision of the Board after deciding all
relevant assignments of error raised by an appellant for each
particular claim for benefits. In a case in which the Court
reverses a decision on the merits of a particular claim and
orders an award of benefits, the Court need not decide any
additional assignments of error with respect to that claim.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to a decision of the Board of Veterans' Appeals made
on or after the date of the enactment of this Act.
SEC. 4. COMMISSION TO STUDY JUDICIAL REVIEW OF THE DETERMINATION OF
VETERANS' BENEFITS.
(a) Establishment.--There is established a commission to be known
as the ``Veterans Judicial Review Commission'' (in this section
referred to as the ``Commission'').
(b) Duties.--The Commission shall--
(1) evaluate the administrative and judicial appellate
review processes of veterans' and survivors' benefits
determinations; and
(2) make specific recommendations and offer solutions to
improve the accuracy, fairness, transparency, predictability,
timeliness, and finality of such appellate review processes,
including a recommendation as to whether the Court of Appeals
for Veterans Claims should have the authority to hear class
action or associational standing cases.
(c) Membership.--
(1) In general.--The Commission shall be composed of 13
members appointed as follows:
(A) Two individuals appointed by the Speaker of the
House of Representatives.
(B) Two individuals appointed jointly by the
President of the Senate and the President pro tempore.
(C) Two individuals appointed by the minority
leader of the House of Representatives.
(D) Two individuals appointed by the minority
leader of the Senate.
(E) Four individuals appointed by the President.
(F) One individual appointed by the President, by
and with the advice and consent of the Senate, who
shall serve as chairperson.
(2) Qualifications.--Individuals appointed under paragraph
(1) shall--
(A) be specially qualified to serve on the
Commission by virtue of their expert education,
training, or experience associated with veterans'
benefits, judicial review, constitutional law, or other
areas of expertise pertinent to the duties of the
Commission; and
(B) include individuals who--
(i) are current or retired members of the
judiciary;
(ii) are members of the legal or academic
community; or
(iii) represent--
(I) veterans service organizations;
(II) legal service organizations;
or
(III) other affected entities.
(3) Terms.--Each member shall be appointed for the life of
the Commission.
(4) Vacancy.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(d) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson or a majority of its members.
(2) Quorum.--A majority of the Commission shall constitute
a quorum but a lesser number may hold hearings.
(e) Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members shall serve without pay.
(2) Travel expense.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(f) Staff.--
(1) Director.--The Commission shall have a director who
shall be appointed by the Chairperson.
(2) Staff.--Subject to rules prescribed by the Commission,
the Chairperson may appoint additional personnel as the
Chairperson considers appropriate.
(3) Applicability of certain civil service laws.--The
director and staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(4) Experts and consultants.--Subject to rules prescribed
by the Commission, the Chairperson may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Staff to federal agencies.--Upon request of the
Chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this section.
(g) Powers of Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate. The Commission may administer
oaths or affirmations to witnesses appearing before it.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
request of the Chairperson of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(4) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this Act.
(h) Reports.--
(1) Interim report.--Not later than July 1, 2010, the
Commission shall submit to Congress an interim report of the
evaluation and recommendations made under subsection (b).
(2) Final report.--Not later than December 31, 2010, the
Commission shall submit to Congress a final report on the
activities of the Commission, including--
(A) specific recommendations and solutions proposed
by the Commission under subsection (b), including a
recommendation as to whether the Court of Appeals for
Veterans Claims should have the authority to hear class
action or associational standing cases;
(B) relevant background and statistical information
associated with such recommendations and solutions; and
(C) other information the Commission determines
appropriate.
(i) Termination.--The Commission shall terminate on the date that
is two years after the date on which the Commission submits the final
report pursuant to section (h)(2).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
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