I 

108TH CONGRESS 

1ST SESSION H. R. 3392

To amend title 38, United States Code, to make certain improvements in 

the procedures for adjudication of claims for benefits under laws administered by the Secretary of Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 29, 2003

Mr. EVANS (for himself and Mr. MICHAUD) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs 

A BILL

To amend title 38, United States Code, to make certain 

improvements in the procedures for adjudication of 

claims for benefits under laws administered by the Secretary of Veterans Affairs.

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 Claims Pro5 cedures Improvement Act of 2003’’. 
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1 SEC. 2. TIME LIMITATION ON INFORMATION TO COMPLETE 

2 CLAIM. 

3 Section 5102 of title 38, United States Code, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(c)(1) If the Secretary notifies a claimant and the 

7 claimant’s representative, if any, under subsection (b) that 

8 certain information is necessary to complete the claimant’s 

9 application and that information is not received by the 

10 Secretary within one year from the date of such notifica11 tion, no benefit may be paid or furnished by reason of 

12 the claimant’s application. 

13 ‘‘(2) This subsection shall not apply to any applica14 tion or claim for Government life insurance benefits.’’. 

15 SEC. 3. EFFECT OF NOTICE TO CLAIMANTS OF REQUIRED 

16 INFORMATION AND EVIDENCE. 

17 (a) NOTICE REQUIRED TO BE IN WRITING.—Sub18 section (a) of section 5103 of title 38, United States Code, 

19 is amended by inserting ‘‘in writing’’ in the first sentence 

20 after ‘‘shall notify’’. 

21 (b) TIME LIMITATION.—Subsection (b) of that sec22 tion is amended—

23 (1) in paragraph (1), by striking ‘‘if such’’ and 

24 all that follows through ‘‘application’’ and inserting 

25 ‘‘such information or evidence must be submitted 

26 within the time period specified by the Secretary, 
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1 which period shall end not less than 60 days after 

2 the date of such notification or one year from the 

3 date of application, whichever is later’’; 

4 (2) by redesignating paragraph (2) as para5 graph (4); and 

6 (3) by inserting after paragraph (1) the fol7 lowing new paragraphs: 

8 ‘‘(2) The Secretary may in any case extend for good 

9 cause the time period under paragraph (1) for submitting 

10 information or evidence. 

11 ‘‘(3) The limitation in paragraph (1) shall not be con12 strued to prohibit the Secretary from making a decision 

13 on a claim before the end of the period specified under 

14 that paragraph. If the Secretary issues a decision before 

15 the end of the period specified in paragraph (1) and infor16 mation or evidence pertinent to the claim is received with17 in that period, the prior decision shall be readjudicated, 

18 the information or evidence shall be considered, and a new 

19 decision shall be issued.’’. 

20 (c) EFFECT ON PRIOR CASES.—In the case of a 

21 claimant for benefits under laws administered by the Sec22 retary of Veterans Affairs who asserts that after Novem23 ber 9, 2000, the claimant was misled by a notification 

24 from the Secretary that information and evidence needed 

25 to substantiate the claim was required to be submitted be-
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1 fore the end of the one-year period provided in section 

2 5103 of title 38, United States Code, the claimant may 

3 request to have the prior decision vacated and a new deci4 sion issued. Upon receiving such a request, the Secretary 

5 shall vacate the decision and issue a new decision if the 

6 request, information, and evidence are submitted not later 

7 than one year after the date of the enactment of this Act. 

8 Unless there is a timely request from the claimant or the 

9 claimant’s legal representative, nothing in this Act shall 

10 be construed as establishing a duty on the part of the Sec11 retary of Veterans Affairs to locate and readjudicate a 

12 claim described in this subsection. 

13 SEC. 4. CLARIFICATION OF PROCEDURES APPLICABLE TO 

14 FILING A NOTICE OF DISAGREEMENT WITH 

15 THE BOARD OF VETERANS APPEALS. 

16 (a) NOTICE OF DISAGREEMENT.—Section 7105 of 

17 title 38, United States Code, is amended—

18 (1) by redesignating subsections (b), (c), and 

19 (d) as subsections (d), (e), and (f), respectively; and 

20 (2) by striking subsection (a) and inserting the 

21 following: 

22 ‘‘(a) Appellate review shall be initiated by a written 

23 notice submitted to the Secretary expressing disagreement 

24 with an initial determination of the Secretary. Such a no25 tice may be referred to as a ‘notice of disagreement’. Un-
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1 less the claimant or the claimant’s representative clearly 

2 indicates that the claimant does not want appellate review 

3 of the determination in whole or in part, any such notice 

4 shall be sufficient to initiate appellate review of the deter5 mination. 

6 ‘‘(b)(1) If it is not clear from the claimant’s notice 

7 whether or not appellate review is desired or what issue 

8 or issues are being appealed, the claimant shall be notified 

9 in writing and requested to provide clarification. Any such 

10 notification shall indicate that the adjudicative determina11 tion will be final if no valid notice of disagreement is re12 ceived before the end of the 60-day period beginning on 

13 the date on which the request for clarification is sent or 

14 the one-year period beginning on the date of the adjudica15 tive determination, whichever is later. 

16 ‘‘(2) Unless clarification requested under paragraph 

17 (1) is received within the time period prescribed in that 

18 paragraph or within any extension of time granted by the 

19 Secretary for good cause, the document shall not be treat20 ed as a notice of disagreement. 

21 ‘‘(c) In order to proceed on the appeal, the claimant 

22 must submit a written substantive appeal after a state23 ment of the case is furnished as prescribed in this section. 

24 The appellant shall be accorded hearing and representa-
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1 tion rights in accordance with this chapter and regulations 

2 of the Secretary.’’. 

3 (b) MANNER OF FILING NOTICE OF DISAGREE4 MENT.—Paragraph (1) of subsection (d) of such section, 

5 as redesignated by subsection (a)(1), is amended—

6 (1) in the first sentence—

7 (A) by inserting ‘‘or as otherwise provided 

8 in subsection (b),’’ after ‘‘contested claims,’’; 

9 and 

10 (B) by striking ‘‘initial review or deter11 mination’’ and inserting ‘‘the initial determina12 tion’’; and 

13 (2) in the second sentence, by striking ‘‘notice, 

14 and’’ and all that follows and inserting ‘‘notice and 

15 appeal must be filed with the Secretary.’’. 

16 (c) CONFORMING AMENDMENTS.—(1) Paragraph (1) 

17 of subsection (f) of such section, as redesignated by sub18 section (a)(1), is amended—

19 (A) in the first sentence, by striking ‘‘the deci20 sion of’’ and all that follows through ‘‘deems proper’’ 

21 and inserting ‘‘the Secretary, the Secretary shall 

22 take such development or review action as the Sec23 retary considers proper’’; and 

24 (B) in the second sentence, by striking ‘‘such 

25 agency’’ and inserting ‘‘the Secretary’’. 
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1 (2) Paragraph (3) of such subsection is amended by 

2 striking ‘‘The agency of original jurisdiction’’ at the begin3 ning of the last sentence and inserting ‘‘The Secretary’’.

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