I 

118TH CONGRESS 

2D SESSION H. R. 7917 

To amend title 38, United States Code, to improve the efficiency of adjudications and appeals of claims for benefits under laws administered by 

Secretary of Veterans Affairs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 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 improve the 

efficiency of adjudications and appeals of claims for benefits under laws administered by Secretary of Veterans 

Affairs, 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 Effi5 ciency Act of 2024’’. 


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1 SEC. 2. IMPROVEMENTS TO EFFICIENCY OF ADJUDICA2 TIONS AND APPEALS OF CLAIMS FOR BENE3 FITS UNDER LAWS ADMINISTERED BY SEC4 RETARY OF VETERANS AFFAIRS. 

5 (a) ANNUAL REPORT ON LENGTH OF ADJUDICA6 TIONS.— 

7 (1) IN GENERAL.—Section 5109B of title 38, 

8 United States Code, is amended— 

9 (A) by striking ‘‘The Secretary’’ and in10 serting ‘‘(a) IN GENERAL.—The Secretary’’; 

11 and 

12 (B) by adding at the end the following new 

13 subsection: 

14 ‘‘(b) ANNUAL REPORT.—The Secretary shall submit 

15 to the Committees on Veterans’ Affairs of the House of 

16 Representatives and the Senate an annual report that in17 cludes, with respect to the period covered by the report, 

18 a statement of the average length of time a claim (or issue 

19 within a claim) that is remanded by the Board of Vet20 erans’ Appeals is pending before the Secretary after such 

21 return or remand.’’. 

22 (2) DEADLINE.—The Secretary of Veterans Af23 fairs shall submit the first report required by sub24 section (b) of section 5109B of such title (as added 

25 by paragraph (1)) by not later than one year after 

26 the date of the enactment of this Act. 


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1 (b) REQUIREMENT TO TRACK CERTAIN CLAIMS FOR

2 BENEFITS.— 

3 (1) IN GENERAL.—Chapter 51 of title 38, 

4 United States Code, is amended by inserting after 

5 section 5109B the following new section: 

6 ‘‘§ 5109C. Requirement to track and maintain infor7 mation on certain claims for benefits; no8 tice of certain assignments 

9 ‘‘(a) IN GENERAL.—The Secretary shall use tech10 nology to track and maintain information (including infor11 mation with respect to timeliness) on— 

12 ‘‘(1) claims for benefits under the laws adminis13 tered by the Secretary (including issues within such 

14 claims) that are— 

15 ‘‘(A) continuously pursued in accordance 

16 with— 

17 ‘‘(i) sections 5104C(a) and 5110(a)(2) 

18 of this title; or 

19 ‘‘(ii) any other policy established by 

20 the Secretary; 

21 ‘‘(B) filed in the National Work Queue (or 

22 any successor system) but have not been as23 signed to an office of the Veterans Benefits Ad24 ministration for adjudication; 


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1 ‘‘(C) afforded expeditious treatment by the 

2 Veterans Benefits Administration pursuant to 

3 section 5109B of this title or any other policy 

4 established by the Secretary; 

5 ‘‘(D) remanded by the Board of Veterans’ 

6 Appeals to the Secretary pursuant to section 

7 7104 of this title; or 

8 ‘‘(E) pending a hearing by the Board of 

9 Veterans’ Appeals under section 7107 of this 

10 title; 

11 ‘‘(2) instances in which an adjudicator of the 

12 Veterans Benefits Administration does not comply 

13 with a relevant decision of the Board of Veterans’ 

14 Appeals to remand a claim for benefits under the 

15 laws administered by the Secretary (or issue within 

16 such claim), including such instances in which the 

17 relevant decision concerned a failure on the part of 

18 the agency of original jurisdiction to satisfy the Sec19 retary’s duty to assist under section 5103A of this 

20 title; 

21 ‘‘(3) supplemental claims under section 5108 of 

22 this title filed— 

23 ‘‘(A) in accordance with section 5104C(a) 

24 and section 5110(a)(2) of this title; and 


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1 ‘‘(B) after the date of the applicable final 

2 decision of the Secretary with respect to a claim 

3 for benefits under the laws administered by the 

4 Secretary (or issue within such claim); 

5 ‘‘(4) first notices submitted to the Secretary of 

6 the death of individuals in receipt of benefits under 

7 the laws administered by the Secretary, 

8 disaggregated by such individuals who were— 

9 ‘‘(A) assigned a fiduciary; and 

10 ‘‘(B) not assigned a fiduciary; and 

11 ‘‘(5) decisions of the Board of Veterans’ Ap12 peals to remand a claim for benefits under the laws 

13 administered by the Secretary that the Chairman of 

14 the Board of Veterans’ Appeals determines were un15 necessary pursuant to subsection (f) of section 7104 

16 of this title. 

17 ‘‘(b) NOTICE OF REASON FOR CERTAIN ASSIGN18 MENTS.—In carrying out this section, the Secretary shall 

19 prescribe rules and regulations to ensure that a claimant 

20 (or the representative of a claimant) may view or other21 wise obtain notice of the reasons a relevant claim for bene22 fits under the laws administered by the Secretary is— 

23 ‘‘(1) deferred for additional action by an office 

24 of the Veterans Benefits Administration in the Na25 tional Work Queue (or any successor system); or 


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1 ‘‘(2) assigned a suspense date for further action 

2 in the National Work Queue (or any successor sys3 tem).’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended 

6 by inserting after the item relating to section 5109B 

7 the following new item: 

‘‘Sec. 5109C. Requirement to track and maintain information on certain claims 

for benefits; notice of certain assignments’’. 

8 (c) IMPROVEMENTS TO BOARD OF VETERANS’ AP9 PEALS.— 

10 (1) AUTHORITY TO AGGREGATE CERTAIN

11 CLAIMS.—Section 7104 of such section is amended 

12 in subsection (a) by inserting after the second sen13 tence ‘‘If the Chairman of the Board determines 

14 that more than one appeal involves substantially 

15 similar questions of law or fact, the Chairman may 

16 aggregate such appeals for review.’’. 

17 (2) REQUIREMENT TO ENSURE SUBSTANTIAL

18 COMPLIANCE WITH CERTAIN DECISIONS.—Such sec19 tion is further amended by adding at the end the fol20 lowing new subsection— 

21 (A) by redesignating subsection (f) as sub22 section (g); and 

23 (B) by inserting after subsection (e) the 

24 following new subsection (f): 


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1 ‘‘(f)(1) The Secretary, acting through the Chairman 

2 of the Board, shall ensure substantial compliance with any 

3 decision of the Board to remand a claim. 

4 ‘‘(2) The Secretary may waive the requirement under 

5 paragraph (1) with respect to a decision of the Board to 

6 remand a claim to the Secretary if the Chairman of the 

7 Board determines— 

8 ‘‘(A) evidence added to the evidentiary after the 

9 date of such decision is sufficient to resolve the 

10 issues underlying such decision; or 

11 ‘‘(B) such decision was unnecessary. 

12 ‘‘(3) If the Secretary exercises the authority under 

13 paragraph (2), the Secretary shall include, pursuant to 

14 subsection (d), a written notation of such exercise in the 

15 decision of the Board.’’. 

16 (3) MOTION FOR OGC OPINION.—Section 7104 

17 of such title is amended by adding at the end the 

18 following new subsection: 

19 ‘‘(g) The Board may, on its own initiative or upon 

20 motion of the appellant, submit to the General Counsel 

21 a request for an opinion with respect to a question of law 

22 arising in an appeal under review by the Board.’’. 

23 (d) EXPANSION OF JURISDICTION OF COURT OF AP24 PEALS FOR VETERANS CLAIMS.—Section 7252 of title 38, 

25 United States Code, is amended— 


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1 (1) by redesignating subsections (b) and (c) as 

2 subsections (d) and (e), respectively; and 

3 (2) by inserting after subsection (a) the fol4 lowing new subsections: 

5 ‘‘(b)(1) The Court shall have supplemental jurisdic6 tion to review an eligible claim pending a final decision 

7 of the Board of Veterans Appeals with respect to such eli8 gible claim. 

9 ‘‘(2) The period during which a claimant may submit 

10 a request for administrative review of an eligible claim 

11 under subsection (a) of section 5104C of this title shall 

12 be tolled for the period beginning on the date on which 

13 the claimant submits to the Court a motion for class ac14 tion review and ending on the date that is 60 days after 

15 the date on which the Court issues a final decision with 

16 respect to— 

17 ‘‘(A) such eligible claim; or 

18 ‘‘(B) such motion for class action review, which19 ever is later. 

20 ‘‘(3) In this subsection, the term ‘eligible claim’ 

21 means a claim for benefits under the laws administered 

22 by the Secretary for which relief may be granted on a 

23 class-wide basis pursuant to the rules of practice and pro24 cedure of the Court of Appeals for Veterans Claims. 


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1 ‘‘(c)(1) The Court may remand a matter to the Board 

2 of Veterans’ Appeals for the limited purpose of ordering 

3 the Board to address a question of law or fact in a claim 

4 for benefits under the laws administered by the Secretary 

5 that the Court determines the Board failed to— 

6 ‘‘(A) address, in the relevant decision of the 

7 Board, an issue that— 

8 ‘‘(i) the claimant (or representative of such 

9 claimant) raised; or 

10 ‘‘(ii) was reasonably raised by the evi11 dentiary record of such claim; or 

12 ‘‘(B) provide adequate reasons or bases for the 

13 decision of the Board with respect to such question. 

14 ‘‘(2) In issuing a remand under paragraph (1), the 

15 Court may require the Board to issue a decision on the 

16 relevant question with a certain period of time prescribed 

17 by the Court. 

18 ‘‘(3) With respect to any matter remanded to the 

19 Board pursuant to paragraph (1), the Court shall— 

20 ‘‘(A) retain jurisdiction over such matter; and 

21 ‘‘(B) stay the proceedings of the Court on such 

22 matter until the date on which the Board issues the 

23 decision required by such remand.’’. 


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1 (e) STUDY AND REPORT ON COMMON QUESTIONS OF

2 LAW OR FACT BEFORE BOARD OF VETERANS’ AP3 PEALS.— 

4 (1) STUDY.—The Chairman of the Board of 

5 Veterans Appeals shall carry out a study to identify 

6 questions of law or fact the Board commonly con7 siders when reviewing appeals pursuant to section 

8 7104 of title 38, United States Code, for which prec9 edential guidance would assist the Board in issuing 

10 final decisions on such appeals. The Chairman may 

11 use artificial intelligence and other technology in 

12 carrying out such study. 

13 (2) REPORT.—Not later than one year after the 

14 date of the enactment of this Act, the Chairman of 

15 the Board of Veterans Appeals shall submit to the 

16 Committees on Veterans Affairs of the House of 

17 Representatives and the Senate a report that in18 cludes the findings of the study required by para19 graph (1). 

20 (f) INDEPENDENT ASSESSMENT OF POTENTIAL

21 MODIFICATIONS TO AUTHORITY OF BOARD OF VET22 ERANS’ APPEALS.— 

23 (1) AGREEMENT.—Not later than 30 days after 

24 the date of the enactment of this Act, the Secretary 

25 of Veterans Affairs shall seek to enter into an agreeVerDate Sep 11 2014 17:07 Apr 19, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7917.IH H7917

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1 ment with an FFRDC for an assessment of the fea2 sibility of modifying the authority of the Board of 

3 Veterans’ Appeals established under chapter 71 of 

4 title 38, United States Code, to permit the Board to 

5 issue precedential decisions with respect to questions 

6 of law or fact arising in matters before the Board. 

7 (2) ASSESSMENT.—An FFRDC that enters to 

8 an agreement under subsection (a) shall submit to 

9 the Secretary a written assessment that includes the 

10 following: 

11 (A) The determination of the FFRDC of 

12 whether modifying the authority of the Board 

13 to permit the Board to issue precedential deci14 sions with respect to questions of law or fact 

15 arising in matters before the Board is feasible. 

16 (B) An assessment of the authority of the 

17 Board of Veterans’ Appeals to aggregate, for 

18 review, more than one appeal under chapter 71 

19 of such title that involves substantially similar 

20 questions of law or fact pursuant to section 

21 7104 of such title (as amended by subsection 

22 (c)(1)). 

23 (C) The recommendations of the FFRDC 

24 with respect to rules or principles to which the 

25 Board should adhere when aggregating appeals 


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1 for review pursuant to section 7104(a) of title 

2 38, United States Code (as amended by sub3 section (d)). 

4 (3) REPORT; IMPLEMENTATION.—Not later 

5 than 90 days after the Secretary receives the assess6 ment under subsection (b), the Secretary shall— 

7 (A) submit to the Committees on Veterans’ 

8 Affairs of the Senate and House of Representa9 tives a copy of such assessment; and 

10 (B) create policies and procedures to im11 plement the recommendations in the assessment 

12 with respect to the authority of the Board of 

13 Veterans’ Appeals described in subparagraph 

14 (B) of paragraph (2). 

15 (4) DEFINITIONS.—In this subsection: 

16 (A) The term ‘‘FFRDC’’ means a federally 

17 funded research and development center. 

18 (B) The terms ‘‘claimant’’ and ‘‘notice’’ 

19 have the meanings given such terms in section 

20 5100 of title 38, United States Code. 

21 (g) PLAN FOR TIMELY ASSIGNMENT OF CLAIMS.— 

22 The Secretary of Veterans Affairs shall develop a plan to 

23 ensure claims for benefits administered by the Secretary 

24 are assigned to an adjudicator of the Veterans Benefits 

25 Administration of the Department of Veterans in a timely 


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1 manner to the National Work Queue (or any successor 

2 system of the Department) and submit to the Committees 

3 on Veterans’ Affairs of the House of Representatives and 

4 the Senate a copy of such plan by not later than one year 

5 after the date of the enactment of this Act. 

Æ 


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