Provides that if a person adversely affected by a final decision of the Board of Veterans' Appeals who has not filed a notice of appeal with the United States Court of Appeals for Veterans Claims within the required 120-day period files a document with the Board or the agency of original jurisdiction within 120 days after the Board's decision expressing disagreement with the decision, such document shall be treated as a motion for reconsideration by the Board.
Provides that such a document shall not be considered a motion for reconsideration if the Board or agency of original jurisdiction receives the document, determines that it expresses an intent to appeal the decision to the United States Court of Appeals for Veterans Claims, and forwards the document to such Court within the 120-day period.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3348 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3348
To amend title 38, United States Code, to provide for the treatment of
documents that express disagreement with decisions of the Board of
Veterans' Appeals and that are misfiled with the Board within 120 days
of such decisions as motions for reconsideration of such decisions, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2010
Mr. Akaka introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide for the treatment of
documents that express disagreement with decisions of the Board of
Veterans' Appeals and that are misfiled with the Board within 120 days
of such decisions as motions for reconsideration of such decisions, 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. TREATMENT OF CERTAIN MISFILED DOCUMENTS AS MOTIONS FOR
RECONSIDERATION OF DECISIONS BY BOARD OF VETERANS'
APPEALS.
Section 7103 of title 38, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c)(1) Except as provided in paragraph (2), if a person adversely
affected by a final decision of the Board, who has not filed a notice
of appeal with the United States Court of Appeals for Veterans Claims
under section 7266(a) of this title within the period set forth in that
section, files a document with the Board or the agency of original
jurisdiction referred to in section 7105(b)(1) of this title that
expresses disagreement with such decision not later than 120 days after
the date of such decision, such document shall be treated as a motion
for reconsideration of such decision under subsection (a).
``(2) A document described in paragraph (1) shall not be treated as
a motion for reconsideration of the decision under paragraph (1) if--
``(A) the Board or the agency of original jurisdiction
referred to in paragraph (1)--
``(i) receives the document described in paragraph
(1);
``(ii) determines that such document expresses an
intent to appeal the decision to the United States
Court of Appeals for Veterans Claims; and
``(iii) forwards such document to the United States
Court of Appeals for Veterans Claims; and
``(B) the United States Court of Appeals for Veterans
Claims receives such document within the period set forth by
section 7266(a) of this title.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3646)
Read twice and referred to the Committee on Veterans' Affairs. (text of measure as introduced: CR S3646)
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 111-623.
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