I 

118TH CONGRESS 

2D SESSION H. R. 8136 

To amend title 38, United States Code, to improve the processes by which 

a veteran may appeal decisions affecting the provision of benefits under 

the laws administered by the Secretary of Veterans Affairs, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2024 

Mrs. PELTOLA (for herself, Mr. MOYLAN, and Mr. GOTTHEIMER) introduced 

the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on the Judiciary, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend title 38, United States Code, to improve the 

processes by which a veteran may appeal decisions affecting the provision of benefits under the laws administered 

by the 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 ‘‘VA Appeals Reform 

5 Act of 2024’’. 


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1 SEC. 2. IMPROVEMENTS TO SYSTEM FOR ADJUDICATION 

2 OF CLAIMS FOR BENEFITS UNDER THE LAWS 

3 ADMINISTERED BY THE SECRETARY OF VET4 ERANS AFFAIRS. 

5 (a) DUTY TO ASSIST; SUPPLEMENTAL CLAIMS; EX6 PEDITED TREATMENT OF CERTAIN CLAIMS.—Chapter 51 

7 of title 38, United States Code, is amended— 

8 (1) in section 5103A— 

9 (A) by redesignating subsections (b) 

10 through (i) as subsections (c) through (j), re11 spectively; 

12 (B) by inserting after subsection (a) the 

13 following new subsection: 

14 ‘‘(b) ASSISTANCE UPON REQUEST OF THE CLAIM15 ANT.—As part of the assistance provided under subsection 

16 (a), the Secretary shall, not later than 90 days after the 

17 claimant makes a request for assistance under this sub18 section, provide any of the following documents: 

19 ‘‘(1) The veteran’s claims file. 

20 ‘‘(2) A paginated copy of each component of 

21 each document in the evidence of record that the 

22 Secretary determines is relevant to the claim. 

23 ‘‘(3) The contact information of the individual 

24 adjudicating the claim. 

25 ‘‘(4) The contact information and curriculum 

26 vitae of any independent medical expert described in 


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1 section 5109 of this title offering an advisory med2 ical opinion in connection with the claim. 

3 ‘‘(5) A copy of any correspondence relating to 

4 the claim between— 

5 ‘‘(A) one or more employees of the Depart6 ment; and 

7 ‘‘(B) an employee of the Department and 

8 any other individual. 

9 ‘‘(6) Upon the request of the claimant, a copy 

10 of any document relevant to the claim that the 

11 claimant adequately identifies and authorizes the 

12 Secretary to obtain that is in the possession of— 

13 ‘‘(A) the Secretary; or 

14 ‘‘(B) the head of any Federal department 

15 or agency.’’. 

16 (C) in subsection (f) (as so redesignated), 

17 by adding at the end the following new para18 graph: 

19 ‘‘(3) The duty of the Secretary to provide assistance 

20 under this section to a claimant with respect to a claim 

21 under this section shall continue until such time as the 

22 agency of original jurisdiction schedules a hearing to adju23 dicate the claim.’’; and 

24 (D) in subsection (i) (as so redesignated), 

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1 dence is presented or secured, as’’ and inserting 

2 ‘‘except as provided under the conditions’’; 

3 (2) in section 5104(b)— 

4 (A) in paragraph (2), by inserting before 

5 the period at the end ‘‘, including citations to 

6 applicable page numbers.’’; 

7 (B) in paragraph (3), by inserting ‘‘, in8 cluded as an appendix’’ after ‘‘regulations’’; 

9 (C) in paragraph (5), by striking ‘‘denial’’ 

10 and all that follows through the end of the 

11 paragraph and inserting ‘‘denial— 

12 ‘‘(A) an identification of elements not sat13 isfied leading to the denial; and 

14 ‘‘(B) a summary of the rights of the vet15 eran to appeal such denial.’’; and 

16 (D) in paragraph (7), by inserting ‘‘, in17 cluding the diagnostic codes used in the deter18 mination of the disability percentage and a cita19 tion to the applicable regulation’’ after ‘‘com20 pensation’’; 

21 (3) in section 5104B, by amending subsection 

22 (c) to read as follows: 

23 ‘‘(c) EVIDENTIARY RECORD FOR REVIEW.—(1) In 

24 the course of a higher-level review, the veteran may supVerDate Sep 11 2014 07:43 May 15, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8136.IH H8136

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1 plement the evidentiary record before the higher-level re2 viewer. 

3 ‘‘(2) If, during review of the agency of original juris4 diction decision, the higher-level reviewer identifies an 

5 error on the part of the agency of original jurisdiction that 

6 constitutes a failure to satisfy its duties under section 

7 5103A of this title, and that error occurred prior to the 

8 agency of original jurisdiction decision being reviewed, the 

9 higher-level reviewer shall return the claim to the agency 

10 of original jurisdiction.’’; 

11 (4) in section 5108, by amending subsection (a) 

12 to read as follows: 

13 ‘‘(a) IN GENERAL.—The Secretary shall readjudicate 

14 a supplemental claim, taking into consideration all of the 

15 evidence of record when, with respect to such supple16 mental claim— 

17 ‘‘(1) new and material evidence is presented or 

18 secured; 

19 ‘‘(2) the Board of Veterans Appeals identifies a 

20 clear and unmistakable error on the part of the 

21 agency of original jurisdiction; or 

22 ‘‘(3) a law or regulation enacted after the date 

23 of the denial of the original claim permits the vet24 eran to bring such supplemental claim.’’; 


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1 (5) in section 5109A, by adding at the end the 

2 following new subsection: 

3 ‘‘(f) In this section, the term ‘clear and unmistakable 

4 error’ includes, with respect to a decision by the Secretary, 

5 any of the following: 

6 ‘‘(1) Any error of law, fact, or application of 

7 law to fact— 

8 ‘‘(A) that is manifest on the face of such 

9 decision; and 

10 ‘‘(B) affected the outcome of such decision. 

11 ‘‘(2) The misinterpretation or misapplication of 

12 a statute, regardless of whether such decision other13 wise complies with regulations issued by the Sec14 retary in effect as of the date of such decision. 

15 ‘‘(3) The misinterpretation or misapplication of 

16 an unambiguous regulation, regardless of whether 

17 such decision otherwise complies with the regulations 

18 described in paragraph (2).’’; and 

19 (6) by striking section 5109B and inserting the 

20 following new section 5109B: 

21 ‘‘§ 5109B. Expedited treatment of returned and re22 manded claims 

23 ‘‘(a) IN GENERAL.—The Secretary shall take such 

24 actions as may be necessary to provide for the expeditious 


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1 treatment by the Veterans Benefits Administration of any 

2 claim that is— 

3 ‘‘(1) returned by a higher-level adjudicator 

4 under section 5104B of this title; or 

5 ‘‘(2) remanded by the Board of Veterans’ Ap6 peals. 

7 ‘‘(b) DEADLINE.—(1) Except as provided in para8 graph (2), with respect to any claim described in sub9 section (a), the Secretary shall take the actions under such 

10 subsection not later than 90 days after the date on 

11 which— 

12 ‘‘(A) a higher-level adjudicator returned such 

13 claim; or 

14 ‘‘(B) the Board of Veterans’ Appeals remanded 

15 such claim. 

16 ‘‘(2) The Board of may, upon motion of the claimant, 

17 extend the deadline under paragraph (1) if the Board de18 termines there is good cause for such extension.’’. 

19 (b) ATTORNEY FEES FOR FILING OF NOTICE OF IN20 TENT TO APPEAL CERTAIN DECISIONS.—Section 5904(c) 

21 of title 38, United States Code is amended— 

22 (1) in paragraph (4)— 

23 (A) by striking the enumerator and insert24 ing ‘‘(4)(A)’’; and 


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1 (B) by striking ‘‘under this paragraph’’ 

2 and inserting ‘‘under this subparagraph’’; and 

3 (2) by adding at the end, the following new sub4 paragraph: 

5 ‘‘(B) A reasonable fee, not to exceed the lesser of 

6 $200 or 20 percent of the initial payment from the claim7 ant to the attorney, may be charged or paid in connection 

8 with the filing of a notice of intent to appeal a decision 

9 by the Secretary under section 511 of this title affecting 

10 the provision of benefits to a claimant.’’. 

11 (c) APPOINTMENT OF ADMINISTRATIVE LAW

12 JUDGES; PERFORMANCE REVIEWS; SCHEDULING CON13 FERENCES.—Chapter 71 of title 38, United States Code, 

14 is amended as follows: 

15 (1) In section 7101— 

16 (A) in subsection (c)(1)— 

17 (i) by amending subparagraph (A) to 

18 read as follows: 

19 ‘‘(A) The Chairman may from time to time designate 

20 a retired officer of the Armed Forces who previously 

21 served as a military judge (as defined in section 801 of 

22 title 10 (article 1 of the Uniform Code of Military Jus23 tice)) to serve as an acting member of the Board. Except 

24 as provided in subparagraph (B), any such designation 


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1 shall be for a period not to exceed 180 days, as determined 

2 by the Chairman.’’; and 

3 (ii) by adding at the end the following 

4 new subparagraph: 

5 ‘‘(E) An individual designated pursuant to subpara6 graph (A) shall complete a program of training with re7 spect to the laws administered by the Secretary that the 

8 Secretary determines appropriate.’’; and 

9 (B) in subsection (d)— 

10 (i) in subparagraph (F), by striking ‘‘; 

11 and’’ and inserting a semicolon; 

12 (ii) by redesignating subparagraph 

13 (G) as subparagraph (H); and 

14 (iii) by inserting after subparagraph 

15 (F), the following new subparagraph: 

16 ‘‘(G) the number of decisions of the Board re17 manded or returned to the Board, disaggregated by 

18 the Board member who issued the final decision so 

19 remanded or returned; and’’. 

20 (2) In section 7101A— 

21 (A) in subsection (a)(2), by striking ‘‘shall 

22 be’’ and all that follows through the end of the 

23 paragraph and inserting ‘‘shall be— 

24 ‘‘(A) an administrative law judge appointed 

25 under section 3105 of title 5; and 


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1 ‘‘(B) a member in good standing of the bar of 

2 a State.’’; and 

3 (B) in subsection (c)(1)— 

4 (i) in subparagraph (B), by striking 

5 ‘‘Not less than one year after the job per6 formance standards under subsection (f) 

7 are initially established, and not less often 

8 than once every three years thereafter’’ 

9 and inserting ‘‘Under the conditions de10 scribed in subparagraph (C)’’; and 

11 (ii) by adding at the end the following 

12 new subparagraph: 

13 ‘‘(C) The performance review panel shall review the 

14 job performance of a member of the Board— 

15 ‘‘(i) not less than one year after the job per16 formance standards under subsection (f) are initially 

17 established; 

18 ‘‘(ii) not less often than once every three years 

19 after such standards are established; and 

20 ‘‘(iii) when, during any 12-month-period, the 

21 Court of Appeals for Veterans Claims or a higher 

22 authority remands to the Board more than 60 per23 cent of the decisions issued by such member.’’. 

24 (3) In section 7102— 


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1 (A) by redesignating subsection (c) as sub2 section (d); and 

3 (B) by inserting after subsection (b) the 

4 following new subsection: 

5 ‘‘(c) In the case of a decision of the Board that is 

6 remanded to the Board by the Court of Appeals for Vet7 erans Claims or a higher authority, any subsequent pro8 ceeding associated with the decision so remanded may not 

9 be assigned to the member of the Board who issued such 

10 decision.’’. 

11 (4) In section 7105— 

12 (A) in the heading, by inserting ‘‘; sched13 uling conferences’’ after ‘‘Filing of ap14 peal’’; 

15 (B) by redesignating subsections (c) and 

16 (d) as subsections (d) and (e), respectively; and 

17 (C) by inserting after subsection (b) the 

18 following new subsection: 

19 ‘‘(c)(1) Not later than 90 days after a veteran files 

20 a notice of disagreement under subsection (a), the Board 

21 of Veterans Appeals shall hold, by picture and voice trans22 mission, a conference with such veteran and the represent23 ative of such veteran, if any, to schedule such hearing. 

24 ‘‘(2) During the conference under paragraph (1), the 

25 Board shall— 


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1 ‘‘(A) provide the veteran— 

2 ‘‘(i) not fewer than 30 days for such vet3 eran to request a hearing; 

4 ‘‘(ii) not fewer than 30 days to secure 

5 counsel for such hearing; 

6 ‘‘(iii) not fewer than 60 days for such vet7 eran to submit to the Board the specific deter8 minations or findings of the Board with which 

9 the claimant disagrees; 

10 ‘‘(iv) not fewer than 120 days for such vet11 eran to submit evidence relating to the deter12 minations described in clause (iii); 

13 ‘‘(v) information relating to the rules gov14 erning an appeal under this chapter; and 

15 ‘‘(vi) contact information for a representa16 tive of the Board, including an electronic mail 

17 address; and 

18 ‘‘(B) schedule a tentative date for such hearing. 

19 ‘‘(3) The Secretary may, upon motion of the veteran, 

20 extend the deadlines described in clauses (i) through (iv) 

21 of subparagraph (A) for good cause, including the failure 

22 of the Secretary to provide requested relevant or material 

23 information.’’. 

24 (5) In section 7107— 

25 (A) in subsection (a)— 


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1 (i) by striking ‘‘two separate dockets’’ 

2 each place it appears and inserting ‘‘one 

3 docket’’; and 

4 (ii) in paragraph (3)— 

5 (I) by striking ‘‘(A)’’; 

6 (II) by striking ‘‘, except that 

7 cases’’ and all that follows through 

8 ‘‘are assigned’’; and 

9 (III) by striking subparagraph 

10 (B); and 

11 (B) in subsection (e), by inserting ‘‘, if ap12 plicable’’ before the period at the end; and 

13 (C) by adding at the end the following new 

14 subsection: 

15 ‘‘(f) HEARING TRANSCRIPTS.—The Board, upon the 

16 request of the veteran and at no cost to such veteran, pro17 vide such veteran with a copy of the transcript of the hear18 ing and a digital recording of any picture and voice trans19 mission considered during such hearing.’’. 

20 (6) In section 7111, by adding at the end the 

21 following new subsection: 

22 ‘‘(g) In this section, the term ‘clear and unmistakable 

23 error’ includes, with respect to a decision of the Board, 

24 any of the following: 


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1 ‘‘(1) Any error of law, fact, or application of 

2 law to fact— 

3 ‘‘(A) that is manifest on the face of such 

4 decision; and 

5 ‘‘(B) affected the outcome of such decision. 

6 ‘‘(2) The misinterpretation or misapplication of 

7 a statute, regardless of whether such decision other8 wise complies with regulations issued by the Sec9 retary in effect as of the date of such decision. 

10 ‘‘(3) The misinterpretation or misapplication of 

11 an unambiguous regulation, regardless of whether 

12 such decision otherwise complies with the regulations 

13 described in paragraph (2).’’; 

14 (7) By adding at the end the following new sec15 tion (and conforming the table of chapters at the be16 ginning of such chapter accordingly): 

17 ‘‘§ 7114. Program to establish electronic case manage18 ment and filing system 

19 ‘‘(a) IN GENERAL.—The Secretary shall establish an 

20 electronic filing and case management system for the pur21 poses of processing appeals under this chapter. 

22 ‘‘(b) ELEMENTS.—The system required by subsection 

23 (a) shall include— 

24 ‘‘(1) an internet database of documents relating 

25 to appeals under this chapter; 


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1 ‘‘(2) subject to subsection (d), a mechanism by 

2 which attorneys approved by the Office of the Gen3 eral Counsel of the Department to represent a vet4 eran before the Board of Veterans Appeals may ac5 cess such internet database to an extent the Sec6 retary determines appropriate; and 

7 ‘‘(3) a mechanism by which a veteran, or the 

8 attorney or representative of a veteran, can submit 

9 to the Board of Veterans Appeals documents relat10 ing to an appeal under this chapter, in portable doc11 ument format or other commercially available for12 mat, through such internet database. 

13 ‘‘(c) TRAINING.—Not later than one year after the 

14 date on which the Secretary establishes the program re15 quired by subsection (a), the Secretary shall make avail16 able to attorneys described in subsection (b)(2) training 

17 on such program. 

18 ‘‘(d) CERTIFICATION OF GOOD STANDING.—As a 

19 condition of access to the internet database described in 

20 subsection (b)(2), the Secretary may require an attorney 

21 to provide to the Secretary a certificate of good standing 

22 from a State court or Federal district court. 

23 ‘‘(e) REQUIRED CONSIDERATION.—In carrying out 

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1 agement/electronic filing system (CM/ECF) administered 

2 by United States District Courts.’’. 

3 (d) DISCLOSURE OF CERTAIN MEDICAL RECORDS.— 

4 Section 7332(b)(2) of title 38, United States Code, is 

5 amended by adding at the end the following new subpara6 graphs: 

7 ‘‘(J) To the patient, and the attorney of such 

8 patient, if any, for the purposes of using such record 

9 in connection with an appeal under chapter 71 of 

10 this title. 

11 ‘‘(K) To the Court of Appeals for Veterans 

12 Claims, for purposes of filing an appeal under chap13 ter 72 of this title.’’. 

14 (e) DEADLINE FOR CERTAIN MECHANISM.—The Sec15 retary of Veterans Affairs shall establish the mechanism 

16 described in paragraph (3) of subsection (b) of section 

17 7112 of title 38, United States Code, as added by sub18 section (c)(7), by not later than 180 after the date of the 

19 enactment of this Act. 

20 SEC. 3. EXPANSION OF JURISDICTION OF UNITED STATES 

21 COURT OF APPEALS FOR VETERANS CLAIMS 

22 AND UNITED STATES COURT OF APPEALS 

23 FOR THE FEDERAL CIRCUIT. 

24 (a) UNITED STATES COURT OF APPEALS FOR VET25 ERANS CLAIMS.— 


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1 (1) EXPANSION.—Section 502 of title 38, 

2 United States Code, is amended by striking ‘‘the 

3 Federal Circuit’’ and inserting ‘‘Veterans Claims’’. 

4 (2) SCOPE OF REVIEW OF CERTAIN CLAIMS.— 

5 Section 7261 of such title is amended— 

6 (A) in paragraph (4) of subsection (a), by 

7 striking ‘‘clearly erroneous’’ and inserting ‘‘ar8 bitrary and capricious’’; 

9 (B) by striking subsection (c); 

10 (C) by redesignating subsection (d) as sub11 section (c); and 

12 (D) in subsection (c) (as so redesignated), 

13 by striking ‘‘shall review only questions raised 

14 as to compliance with and the validity of the 

15 regulation’’ and inserting ‘‘shall review such de16 cision and the accompanying findings of fact by 

17 trial de novo’’. 

18 (b) UNITED STATES COURT OF APPEALS FOR THE

19 FEDERAL CIRCUIT.— 

20 (1) EXPANSION.—Section 1295(a) of title 28, 

21 United States Code, is amended— 

22 (A) in paragraph (13), by striking ‘‘; and’’; 

23 (B) in paragraph (14), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following new 

2 paragraph: 

3 ‘‘(15) of an appeal from a final decision of the 

4 United States Court of Appeals for Veterans 

5 Claims.’’. 

6 (2) REPEAL OF CERTAIN PROVISION.—Section 

7 7292 of title 38, United States Code, is repealed. 

8 (3) CONFORMING AMENDMENTS.—Section 7252 

9 of such title is amended by striking subsection (c). 

Æ 


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