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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7793 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7793

To amend title 38, United States Code, to provide an individual with a 
  claim for benefits under the laws administered by the Secretary of 
    Veterans Affairs with more options to appeal a decision of the 
Secretary with respect to such claim to the Board of Veterans' Appeals, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 2024

Mr. Bost (for himself, Ms. Stefanik, and Mr. Bilirakis) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to provide an individual with a 
  claim for benefits under the laws administered by the Secretary of 
    Veterans Affairs with more options to appeal a decision of the 
Secretary with respect to such claim to the Board of Veterans' Appeals, 
                        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 Options Expansion 
Act of 2024''.

SEC. 2. TREATMENT OF CERTAIN FORMS AS INTENT TO FILE CLAIM FOR BENEFITS 
              UNDER LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS; 
              MODIFICATION OF CERTAIN POLICY RELATING TO DOCKETS OF 
              BOARD OF VETERANS' APPEALS; NOTICE OF UNTIMELY EVIDENCE 
              REQUIRED.

    (a) Treatment of Certain Forms.--Subsection (a) of section 5101 of 
title 38, United States Code, is amended by adding at the end the 
following new paragraph:
    ``(3) If an individual with a claim for benefits under the laws 
administered by the Secretary submits to the Secretary a form under 
paragraph (1) that is not the correct form prescribed by the Secretary 
for such claim, the Secretary shall treat such form as an intent to 
file a claim under section 3.155 of title 38, Code of Federal 
Regulations, or successor regulation.''.
    (b) Modification of Certain Policy; Assignment of Certain Cases.--
Section 7107 of title 38, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
    ``(4) With respect to a case pertaining to a continuously pursued 
claim for benefits under the laws administered by the Secretary that 
was previously remanded by the Board to the Secretary, and for which an 
appellant has filed a subsequent notice of disagreement pursuant to 
this chapter, the Chairman of the Board shall ensure, to the maximum 
extent practicable, such case is--
            ``(A) treated as if such case was assigned to a docket 
        maintained under subsection (a) on the date on which the 
        initial notice of disagreement was filed; and
            ``(B) assigned to the member of the Board who held the most 
        recent hearing relevant to such case.''; and
            (2) in subsection (e)--
                    (A) in the heading by inserting ``and Withdrawing 
                Cases'' after ``Changing Dockets'';
                    (B) by striking ``The Secretary'' and inserting 
                ``(1) The Secretary'';
                    (C) by striking ``an appellant'' and all that 
                follows through the end of the subsection and inserting 
                the following: ``an appellant, at any time before the 
                date on which the appellant's case is assigned to an 
                individual employed by the Department responsible for 
                writing the decision of the Board with respect to such 
                case to--
            ``(A) move such case from one docket to another docket; and
            ``(B) withdraw a claim or issue within a claim from 
        consideration by the Board.''; and
                    (D) by adding at the end the following new 
                paragraph:
    ``(2) Under such policy, the Secretary may not permit an appellant 
to move the appellant's case from one to docket to another docket after 
such date.''.
    (c) Notice of Untimely Evidence.--Section 7113 of such title is 
amended by adding at the end the following new subsection:
    ``(d) Notice of Untimely Evidence.--If an appellant, or the 
representative of such appellant, submits to the Secretary evidence in 
connection with a case before the Board on a date that is not during a 
period during which such evidence may be submitted under this section, 
the Secretary shall promptly notify the appellant--
            ``(1) that such evidence--
                    ``(A) is untimely; and
                    ``(B) may not be considered as part of the 
                evidentiary record before the Board; and
            ``(2) of the right of the appellant to move such case from 
        one docket to another docket pursuant to the policy required by 
        section 7107(e) of this title.''.
                                 <all>
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