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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3286 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3286
To amend title 38, United States Code, to improve processes relating to
appeals of decisions regarding claims for benefits under the laws
administered by the Secretary of Veterans Affairs, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 1, 2025
Mr. Cassidy (for himself and Mr. Blumenthal) 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 improve processes relating to
appeals of decisions regarding claims for benefits under the laws
administered by the Secretary 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 Appeals Improvement and
Modernization Act 2.0''.
SEC. 2. IMPROVEMENTS TO PROCESSES RELATING TO APPEALS OF DECISIONS
REGARDING CLAIMS FOR BENEFITS UNDER THE LAWS ADMINISTERED
BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Evidentiary Docket.--Subsection (c) of section 7113 is amended
to read as follows:
``(c) Cases With No Request for a Hearing and With a Request for
Additional Evidence.--For cases in which a hearing is not requested in
the notice of disagreement but an opportunity to submit evidence is
requested, the evidentiary record before the Board shall be limited to
evidence submitted by the appellant and his or her representative, if
any, at any time before the date that is 90 days following receipt of
the notice of disagreement.''.
(b) Hearing Docket.--Subsection (b) of such section is amended to
read as follows:
``(b) Cases With a Request for a Hearing.--For cases in which a
hearing is requested in the notice of disagreement, the evidentiary
record before the Board shall be limited to evidence submitted by the
appellant and his or her representative, if any, at any time before the
date that is 90 days following the Board hearing.''.
(c) Docket Flexibility.--Section 7107(e) of such title is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraphs:
``(2) The Secretary shall develop and implement a policy allowing
an appellant to withdraw an appeal in the appellant's case by filing a
supplemental claim to the agency of original jurisdiction at any time
without losing continuous pursuit in cases in which--
``(A) the appellant has not submitted new evidence for the
case or the case has not had a Board hearing; and
``(B) the case has not been decided by the Board.
``(3) The Secretary's policy developed and implemented under
paragraph (1) shall allow the appellant to move the appellant's case
from one docket to another docket at any time without losing continuous
pursuit in cases in which--
``(A) the appellant has not submitted new evidence for the
case or the case has not had a Board hearing; and
``(B) the case has not been decided by the Board.''.
SEC. 3. ELECTRONIC NOTICES BY BOARD OF VETERANS' APPEALS OF DECISIONS
ON APPEAL.
Section 7104(f) of title 38, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``if'' and inserting ``unless'';
and
(B) by inserting ``in a manner other than'' after
``such notice''; and
(2) in paragraph (2), by inserting ``make or'' before
``revoke''.
SEC. 4. REQUIREMENTS FOR NOTICES BY BOARD OF VETERANS' APPEALS
REGARDING DECISIONS OF THE BOARD.
Section 7104(d)(1) of title 38, United States Code, is amended by
striking ``record;'' and inserting the following: ``record, including--
``(A) identification of the issues adjudicated;
``(B) a summary of the evidence considered by the
Board;
``(C) a summary of the applicable laws and
regulations;
``(D) identification of findings favorable to the
claimant;
``(E) in the case of a denial, identification of
elements not satisfied leading to the denial;
``(F) an explanation of how to obtain or access
evidence used in making the decision; and
``(G) if applicable, identification of the criteria
that must be satisfied to grant service connection or
the next higher level of compensation;''.
SEC. 5. PLAN FOR VETERANS BENEFITS MANAGEMENT SYSTEM AND CASEFLOW
INTEGRATION.
(a) Review.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall complete
a review of the electronic systems used to process appeals under
chapter 71 of title 38, United States Code.
(b) Plan.--Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a plan to ensure the following:
(1) Seamless integration between systems used to process
decision at agencies of jurisdiction and the systems used by
the Board of Veterans' Appeals to process appeals for benefits
under title 38, United States Code.
(2) Life-cycle tracking of appeals of decisions regarding
assistance or support services under section 1720G of title 38,
United States Code.
SEC. 6. RECONSIDERATION OF DECISIONS OF BOARD OF VETERANS' APPEALS.
Section 7103 of title 38, United States Code, is amended to read as
follows:
``Sec. 7103. Reconsideration; correction of obvious errors
``(a) Orders of the Chairman.--(1) The decision of the Board
determining a matter under section 7102 of this title is final unless
the Chairman orders reconsideration of the decision in accordance with
paragraph (2). Such an order may be made on the Chairman's initiative
or upon motion of the claimant.
``(2)(A) Upon the order of the Chairman for reconsideration of the
decision in a case, the case shall be referred--
``(i) in the case of a matter originally decided by a
single member of the Board, to a panel of not less than three
members of the Board; or
``(ii) in the case of a matter originally decided by a
panel of members of the Board, to an enlarged panel of the
Board.
``(B) A panel referred to in subparagraph (A) may not include the
member, or any member of the panel, that made the decision subject to
reconsideration.
``(C) A panel reconsidering a case under this subsection shall
render its decision after reviewing the entire record before the Board.
The decision of the panel shall be made by a majority vote of the
members of the panel. The decision of the panel shall constitute the
final decision of the Board.
``(b) Correction of Obvious Errors.--The Board on its own motion
may correct an obvious error in the record, without regard to whether
there has been a motion or order for reconsideration.
``(c) Motion of Claimant.--(1)(A) A claimant may submit to the
Board a motion requesting a review of the decision of a member of the
Board by a different member or panel of members of the Board.
``(B) The Chairman shall approve each request for review under
subparagraph (A).
``(2) A request for higher-level review by the Board shall be--
``(A) in writing in such form as the Secretary may
prescribe; and
``(B) made within the timeframe given to appeal a decision
of the Board.
``(3) Notice of a decision under this subsection shall be provided
to the claimant (and any representative of such claimant) and shall
include a general statement--
``(A) reflecting whether evidence was not considered
pursuant to paragraph (4); and
``(B) noting the options available to the claimant to have
the evidence described in subparagraph (A), if any, considered
by the Department.
``(4) The evidentiary record before a member of the Board shall be
limited to the evidence of record in the Board decision being reviewed.
``(5) A reconsideration of a decision under this subsection shall
be de novo.''.
SEC. 7. ORDER OF DECISION OF BOARD OF VETERANS' APPEALS.
Section 7107 of title 38, United States Code, is amended--
(1) in subsection (a)(4), by striking ``in subsection (b)''
and inserting ``in subsection (b) or (c)(3)''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(3) At the discretion of the member of the Board conducting a
hearing, the Board may issue a decision, in whole or in part, during
the hearing.''.
SEC. 8. ANNUAL REPORT ON OUTCOMES OF APPEALS.
(a) In General.--Subchapter I of chapter 51 of title 38, United
States Code, is amended by adding at the end the following new section:
``SEC. 5109C. ANNUAL REPORT ON OUTCOMES OF APPEALS.
``(a) In General.--Not less frequently than once each year, the
Secretary shall submit to Congress and publish on an internet website
of the Department a report on the outcome of appeals, including with
respect to supplemental review, higher-level review, and options for
appeals to the Board of Veterans' Appeals.
``(b) Disaggregation of Data.--The information reported and
published pursuant to subsection (a) shall be disaggregated by the
following:
``(1) Type of review.
``(2) Agency of original jurisdiction.
``(3) Nature of issue, such as service connection,
disability rating, or effective date.
``(4) Body system or diagnostic code.
``(5) Outcome, such as affirmed or reversed, benefit
awarded, remand for medical opinion, remand to obtain records,
or remand for other reason.
``(c) Deidentified.--The Secretary shall insure that all
information published under this section is deidentified.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 51 of such title is amended by inserting after the item
relating to section 5109B the following new item:
``5109C. Annual report on outcomes of appeals.''.
SEC. 9. THIRD-PARTY REVIEW OF DEPARTMENT OF VETERANS AFFAIRS APPEALS
PROCESS.
(a) In General.--The Secretary of Veterans Affairs shall seek to
enter into an agreement with a non-Department of Veterans Affairs
entity that the Secretary determines has knowledge of the appeals
process of the Department of Veterans Affairs and the Federal rules of
appellate procedures to carry out a review of such process.
(b) Period for Entering Into Agreement.--The Secretary shall seek
to enter into the agreement described in subsection (a) before the date
that is 180 days after the date of the enactment of this Act.
(c) Elements.--Pursuant to an agreement entered into by the
Secretary and an entity under subsection (a), the entity shall conduct
the review covered by the agreement, including the following:
(1) A review of joint motions for remand appeals decisions
made by the Board of Veterans' Appeals.
(2) A review of remands by the Board of decisions made by
agencies of original jurisdiction.
(3) Development of recommendations for legislative or
administrative action to increase the quality of decisions made
by agencies of original jurisdiction and the Board of Veterans'
Appeals, and reduce the prevalence of remands.
SEC. 10. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF PRECEDENT
SETTING DECISIONS OF UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS AND OFFICE OF THE GENERAL COUNSEL.
(a) Review.--The Comptroller General of the United States shall
conduct a review of the implementation by the Department of Veterans
Affairs of precedential decisions issues by the United States Court of
Appeals for Veterans Claims or the Office of the General Counsel of the
Department of Veterans Affairs.
(b) Elements.--The review conducted under subsection (a) shall
cover the following:
(1) The circumstances in which the Court or Office issued
precedential decisions and factors which may limit the ability
of the Court or Office to issue such decisions.
(2) The process of the Department for providing training
and guidance for claims processors and how that process affects
compliance with precendential decisions described in subsection
(a).
(3) Accuracy of claims decisions when applying new
precedent.
(4) Whether the structure or type of precedential decision
affects the implementation by the Department.
(5) Perspectives of stakeholders with respect to training,
guidance, and quality assurance at the Department.
(6) Such other matters relating to challenges and
opportunities for improvement relating to precedential
decisions as the Comptroller General considers appropriate.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
findings of the Comptroller General with respect to the review
conducted under subsection (a).
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
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