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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7917 Introduced in House (IH)]

<DOC>

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.

    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 Efficiency Act of 
2024''.

SEC. 2. IMPROVEMENTS TO EFFICIENCY OF ADJUDICATIONS AND APPEALS OF 
              CLAIMS FOR BENEFITS UNDER LAWS ADMINISTERED BY SECRETARY 
              OF VETERANS AFFAIRS.

    (a) Annual Report on Length of Adjudications.--
            (1) In general.--Section 5109B of title 38, United States 
        Code, is amended--
                    (A) by striking ``The Secretary'' and inserting 
                ``(a) In General.--The Secretary''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Annual Report.--The Secretary shall submit to the Committees 
on Veterans' Affairs of the House of Representatives and the Senate an 
annual report that includes, with respect to the period covered by the 
report, a statement of the average length of time a claim (or issue 
within a claim) that is remanded by the Board of Veterans' Appeals is 
pending before the Secretary after such return or remand.''.
            (2) Deadline.--The Secretary of Veterans Affairs shall 
        submit the first report required by subsection (b) of section 
        5109B of such title (as added by paragraph (1)) by not later 
        than one year after the date of the enactment of this Act.
    (b) Requirement To Track Certain Claims for Benefits.--
            (1) In general.--Chapter 51 of title 38, United States 
        Code, is amended by inserting after section 5109B the following 
        new section:
``Sec. 5109C. Requirement to track and maintain information on certain 
              claims for benefits; notice of certain assignments
    ``(a) In General.--The Secretary shall use technology to track and 
maintain information (including information with respect to timeliness) 
on--
            ``(1) claims for benefits under the laws administered by 
        the Secretary (including issues within such claims) that are--
                    ``(A) continuously pursued in accordance with--
                            ``(i) sections 5104C(a) and 5110(a)(2) of 
                        this title; or
                            ``(ii) any other policy established by the 
                        Secretary;
                    ``(B) filed in the National Work Queue (or any 
                successor system) but have not been assigned to an 
                office of the Veterans Benefits Administration for 
                adjudication;
                    ``(C) afforded expeditious treatment by the 
                Veterans Benefits Administration pursuant to section 
                5109B of this title or any other policy established by 
                the Secretary;
                    ``(D) remanded by the Board of Veterans' Appeals to 
                the Secretary pursuant to section 7104 of this title; 
                or
                    ``(E) pending a hearing by the Board of Veterans' 
                Appeals under section 7107 of this title;
            ``(2) instances in which an adjudicator of the Veterans 
        Benefits Administration does not comply with a relevant 
        decision of the Board of Veterans' Appeals to remand a claim 
        for benefits under the laws administered by the Secretary (or 
        issue within such claim), including such instances in which the 
        relevant decision concerned a failure on the part of the agency 
        of original jurisdiction to satisfy the Secretary's duty to 
        assist under section 5103A of this title;
            ``(3) supplemental claims under section 5108 of this title 
        filed--
                    ``(A) in accordance with section 5104C(a) and 
                section 5110(a)(2) of this title; and
                    ``(B) after the date of the applicable final 
                decision of the Secretary with respect to a claim for 
                benefits under the laws administered by the Secretary 
                (or issue within such claim);
            ``(4) first notices submitted to the Secretary of the death 
        of individuals in receipt of benefits under the laws 
        administered by the Secretary, disaggregated by such 
        individuals who were--
                    ``(A) assigned a fiduciary; and
                    ``(B) not assigned a fiduciary; and
            ``(5) decisions of the Board of Veterans' Appeals to remand 
        a claim for benefits under the laws administered by the 
        Secretary that the Chairman of the Board of Veterans' Appeals 
        determines were unnecessary pursuant to subsection (f) of 
        section 7104 of this title.
    ``(b) Notice of Reason for Certain Assignments.--In carrying out 
this section, the Secretary shall prescribe rules and regulations to 
ensure that a claimant (or the representative of a claimant) may view 
or otherwise obtain notice of the reasons a relevant claim for benefits 
under the laws administered by the Secretary is--
            ``(1) deferred for additional action by an office of the 
        Veterans Benefits Administration in the National Work Queue (or 
        any successor system); or
            ``(2) assigned a suspense date for further action in the 
        National Work Queue (or any successor system).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 5109B the following new item:

``Sec. 5109C. Requirement to track and maintain information on certain 
                            claims for benefits; notice of certain 
                            assignments''.
    (c) Improvements to Board of Veterans' Appeals.--
            (1) Authority to aggregate certain claims.--Section 7104 of 
        such section is amended in subsection (a) by inserting after 
        the second sentence ``If the Chairman of the Board determines 
        that more than one appeal involves substantially similar 
        questions of law or fact, the Chairman may aggregate such 
        appeals for review.''.
            (2) Requirement to ensure substantial compliance with 
        certain decisions.--Such section is further amended by adding 
        at the end the following new subsection--
                    (A) by redesignating subsection (f) as subsection 
                (g); and
                    (B) by inserting after subsection (e) the following 
                new subsection (f):
    ``(f)(1) The Secretary, acting through the Chairman of the Board, 
shall ensure substantial compliance with any decision of the Board to 
remand a claim.
    ``(2) The Secretary may waive the requirement under paragraph (1) 
with respect to a decision of the Board to remand a claim to the 
Secretary if the Chairman of the Board determines--
            ``(A) evidence added to the evidentiary after the date of 
        such decision is sufficient to resolve the issues underlying 
        such decision; or
            ``(B) such decision was unnecessary.
    ``(3) If the Secretary exercises the authority under paragraph (2), 
the Secretary shall include, pursuant to subsection (d), a written 
notation of such exercise in the decision of the Board.''.
            (3) Motion for ogc opinion.--Section 7104 of such title is 
        amended by adding at the end the following new subsection:
    ``(g) The Board may, on its own initiative or upon motion of the 
appellant, submit to the General Counsel a request for an opinion with 
respect to a question of law arising in an appeal under review by the 
Board.''.
    (d) Expansion of Jurisdiction of Court of Appeals for Veterans 
Claims.--Section 7252 of title 38, United States Code, is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsections:
    ``(b)(1) The Court shall have supplemental jurisdiction to review 
an eligible claim pending a final decision of the Board of Veterans 
Appeals with respect to such eligible claim.
    ``(2) The period during which a claimant may submit a request for 
administrative review of an eligible claim under subsection (a) of 
section 5104C of this title shall be tolled for the period beginning on 
the date on which the claimant submits to the Court a motion for class 
action review and ending on the date that is 60 days after the date on 
which the Court issues a final decision with respect to--
            ``(A) such eligible claim; or
            ``(B) such motion for class action review, whichever is 
        later.
    ``(3) In this subsection, the term `eligible claim' means a claim 
for benefits under the laws administered by the Secretary for which 
relief may be granted on a class-wide basis pursuant to the rules of 
practice and procedure of the Court of Appeals for Veterans Claims.
    ``(c)(1) The Court may remand a matter to the Board of Veterans' 
Appeals for the limited purpose of ordering the Board to address a 
question of law or fact in a claim for benefits under the laws 
administered by the Secretary that the Court determines the Board 
failed to--
            ``(A) address, in the relevant decision of the Board, an 
        issue that--
                    ``(i) the claimant (or representative of such 
                claimant) raised; or
                    ``(ii) was reasonably raised by the evidentiary 
                record of such claim; or
            ``(B) provide adequate reasons or bases for the decision of 
        the Board with respect to such question.
    ``(2) In issuing a remand under paragraph (1), the Court may 
require the Board to issue a decision on the relevant question with a 
certain period of time prescribed by the Court.
    ``(3) With respect to any matter remanded to the Board pursuant to 
paragraph (1), the Court shall--
            ``(A) retain jurisdiction over such matter; and
            ``(B) stay the proceedings of the Court on such matter 
        until the date on which the Board issues the decision required 
        by such remand.''.
    (e) Study and Report on Common Questions of Law or Fact Before 
Board of Veterans' Appeals.--
            (1) Study.--The Chairman of the Board of Veterans Appeals 
        shall carry out a study to identify questions of law or fact 
        the Board commonly considers when reviewing appeals pursuant to 
        section 7104 of title 38, United States Code, for which 
        precedential guidance would assist the Board in issuing final 
        decisions on such appeals. The Chairman may use artificial 
        intelligence and other technology in carrying out such study.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Chairman of the Board of Veterans 
        Appeals shall submit to the Committees on Veterans Affairs of 
        the House of Representatives and the Senate a report that 
        includes the findings of the study required by paragraph (1).
    (f) Independent Assessment of Potential Modifications to Authority 
of Board of Veterans' Appeals.--
            (1) Agreement.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Veterans Affairs 
        shall seek to enter into an agreement with an FFRDC for an 
        assessment of the feasibility of modifying the authority of the 
        Board of Veterans' Appeals established under chapter 71 of 
        title 38, United States Code, to permit the Board to issue 
        precedential decisions with respect to questions of law or fact 
        arising in matters before the Board.
            (2) Assessment.--An FFRDC that enters to an agreement under 
        subsection (a) shall submit to the Secretary a written 
        assessment that includes the following:
                    (A) The determination of the FFRDC of whether 
                modifying the authority of the Board to permit the 
                Board to issue precedential decisions with respect to 
                questions of law or fact arising in matters before the 
                Board is feasible.
                    (B) An assessment of the authority of the Board of 
                Veterans' Appeals to aggregate, for review, more than 
                one appeal under chapter 71 of such title that involves 
                substantially similar questions of law or fact pursuant 
                to section 7104 of such title (as amended by subsection 
                (c)(1)).
                    (C) The recommendations of the FFRDC with respect 
                to rules or principles to which the Board should adhere 
                when aggregating appeals for review pursuant to section 
                7104(a) of title 38, United States Code (as amended by 
                subsection (d)).
            (3) Report; implementation.--Not later than 90 days after 
        the Secretary receives the assessment under subsection (b), the 
        Secretary shall--
                    (A) submit to the Committees on Veterans' Affairs 
                of the Senate and House of Representatives a copy of 
                such assessment; and
                    (B) create policies and procedures to implement the 
                recommendations in the assessment with respect to the 
                authority of the Board of Veterans' Appeals described 
                in subparagraph (B) of paragraph (2).
            (4) Definitions.--In this subsection:
                    (A) The term ``FFRDC'' means a federally funded 
                research and development center.
                    (B) The terms ``claimant'' and ``notice'' have the 
                meanings given such terms in section 5100 of title 38, 
                United States Code.
    (g) Plan for Timely Assignment of Claims.--The Secretary of 
Veterans Affairs shall develop a plan to ensure claims for benefits 
administered by the Secretary are assigned to an adjudicator of the 
Veterans Benefits Administration of the Department of Veterans in a 
timely manner to the National Work Queue (or any successor system of 
the Department) and submit to the Committees on Veterans' Affairs of 
the House of Representatives and the Senate a copy of such plan by not 
later than one year after the date of the enactment of this Act.
                                 <all>
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