I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Appeals Op5 tions Expansion Act of 2024’’. 


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1 SEC. 2. TREATMENT OF CERTAIN FORMS AS INTENT TO 

2 FILE CLAIM FOR BENEFITS UNDER LAWS AD3 MINISTERED BY SECRETARY OF VETERANS 

4 AFFAIRS; MODIFICATION OF CERTAIN POL5 ICY RELATING TO DOCKETS OF BOARD OF 

6 VETERANS’ APPEALS; NOTICE OF UNTIMELY 

7 EVIDENCE REQUIRED. 

8 (a) TREATMENT OF CERTAIN FORMS.—Subsection 

9 (a) of section 5101 of title 38, United States Code, is 

10 amended by adding at the end the following new para11 graph: 

12 ‘‘(3) If an individual with a claim for benefits under 

13 the laws administered by the Secretary submits to the Sec14 retary a form under paragraph (1) that is not the correct 

15 form prescribed by the Secretary for such claim, the Sec16 retary shall treat such form as an intent to file a claim 

17 under section 3.155 of title 38, Code of Federal Regula18 tions, or successor regulation.’’. 

19 (b) MODIFICATION OF CERTAIN POLICY; ASSIGN20 MENT OF CERTAIN CASES.—Section 7107 of title 38, 

21 United States Code, is amended— 

22 (1) in subsection (a), by adding at the end the 

23 following new paragraph: 

24 ‘‘(4) With respect to a case pertaining to a continu25 ously pursued claim for benefits under the laws adminis26 tered by the Secretary that was previously remanded by 


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1 the Board to the Secretary, and for which an appellant 

2 has filed a subsequent notice of disagreement pursuant to 

3 this chapter, the Chairman of the Board shall ensure, to 

4 the maximum extent practicable, such case is— 

5 ‘‘(A) treated as if such case was assigned to a 

6 docket maintained under subsection (a) on the date 

7 on which the initial notice of disagreement was filed; 

8 and 

9 ‘‘(B) assigned to the member of the Board who 

10 held the most recent hearing relevant to such case.’’; 

11 and 

12 (2) in subsection (e)— 

13 (A) in the heading by inserting ‘‘AND

14 WITHDRAWING CASES’’ after ‘‘CHANGING

15 DOCKETS’’; 

16 (B) by striking ‘‘The Secretary’’ and in17 serting ‘‘(1) The Secretary’’; 

18 (C) by striking ‘‘an appellant’’ and all that 

19 follows through the end of the subsection and 

20 inserting the following: ‘‘an appellant, at any 

21 time before the date on which the appellant’s 

22 case is assigned to an individual employed by 

23 the Department responsible for writing the de24 cision of the Board with respect to such case 

25 to— 


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1 ‘‘(A) move such case from one docket to an2 other docket; and 

3 ‘‘(B) withdraw a claim or issue within a claim 

4 from consideration by the Board.’’; and 

5 (D) by adding at the end the following new 

6 paragraph: 

7 ‘‘(2) Under such policy, the Secretary may not permit 

8 an appellant to move the appellant’s case from one to 

9 docket to another docket after such date.’’. 

10 (c) NOTICE OF UNTIMELY EVIDENCE.—Section 7113 

11 of such title is amended by adding at the end the following 

12 new subsection: 

13 ‘‘(d) NOTICE OF UNTIMELY EVIDENCE.—If an appel14 lant, or the representative of such appellant, submits to 

15 the Secretary evidence in connection with a case before 

16 the Board on a date that is not during a period during 

17 which such evidence may be submitted under this section, 

18 the Secretary shall promptly notify the appellant— 

19 ‘‘(1) that such evidence— 

20 ‘‘(A) is untimely; and 

21 ‘‘(B) may not be considered as part of the 

22 evidentiary record before the Board; and 


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1 ‘‘(2) of the right of the appellant to move such 

2 case from one docket to another docket pursuant to 

3 the policy required by section 7107(e) of this title.’’. 

Æ 


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