I 

111TH CONGRESS 

1ST SESSION H. R. 4121 

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

of the Department of Veterans Affairs, to establish a commission to 

study judicial review of the determination of veterans’ benefits, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2009 

Mr. HALL of New York (for himself, Mr. BILBRAY, Mr. LAMBORN, Mr. 

RODRIGUEZ, Mrs. KIRKPATRICK of Arizona, Mrs. HALVORSON, Mr. DONNELLY of Indiana, and Mr. MILLER of Florida) 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 

appeals process of the Department of Veterans Affairs, 

to establish a commission to study judicial review of 

the determination of veterans’ benefits, 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 Im5 provement and Modernization Act of 2009’’. 


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1 SEC. 2. WAIVER OF REGIONAL OFFICE JURISDICTION OVER 

2 INCORPORATION OF SUPPLEMENTAL EVI3 DENCE INTO PREVIOUSLY SUBMITTED 

4 CLAIMS. 

5 (a) WAIVER.—Section 7104 of title 38, United States 

6 Code, is amended by adding at the end the following new 

7 subsection: 

8 ‘‘(f) If a claimant submits new evidence in support 

9 of a case for which a substantive appeal has been filed, 

10 such evidence shall be submitted to the Board directly and 

11 not to a regional office of the Department, unless the 

12 claimant requests that the evidence be reviewed by the re13 gional office before being submitted to the Board.’’. 

14 (b) EFFECTIVE DATE.—Subsection (f) of section 

15 7104 of title 38, United States Code, as added by sub16 section (a) of this section, shall apply with respect to evi17 dence submitted on or after the date that is 90 days after 

18 the date of the enactment of this Act. 

19 SEC. 3. MODIFICATION OF JURISDICTION AND FINALITY OF 

20 DECISIONS OF THE COURT OF APPEALS FOR 

21 VETERANS CLAIMS. 

22 (a) MODIFICATION.—Subsection (a) of section 7252 

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

24 (1) by striking the third sentence; and 

25 (2) by adding at the end the following new sen26 tence: ‘‘The Court shall have power to affirm, modVerDate Nov 24 2008 06:29 Nov 20, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4121.IH H4121

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1 ify, reverse, remand, or vacate and remand a deci2 sion of the Board after deciding all relevant assign3 ments of error raised by an appellant for each par4 ticular claim for benefits. In a case in which the 

5 Court reverses a decision on the merits of a par6 ticular claim and orders an award of benefits, the 

7 Court need not decide any additional assignments of 

8 error with respect to that claim.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall apply with respect to a decision of the 

11 Board of Veterans’ Appeals made on or after the date of 

12 the enactment of this Act. 

13 SEC. 4. COMMISSION TO STUDY JUDICIAL REVIEW OF THE 

14 DETERMINATION OF VETERANS’ BENEFITS. 

15 (a) ESTABLISHMENT.—There is established a com16 mission to be known as the ‘‘Veterans Judicial Review 

17 Commission’’ (in this section referred to as the ‘‘Commis18 sion’’). 

19 (b) DUTIES.—The Commission shall— 

20 (1) evaluate the administrative and judicial ap21 pellate review processes of veterans’ and survivors’ 

22 benefits determinations; and 

23 (2) make specific recommendations and offer 

24 solutions to improve the accuracy, fairness, trans25 parency, predictability, timeliness, and finality of 


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1 such appellate review processes, including a rec2 ommendation as to whether the Court of Appeals for 

3 Veterans Claims should have the authority to hear 

4 class action or associational standing cases. 

5 (c) MEMBERSHIP.— 

6 (1) IN GENERAL.—The Commission shall be 

7 composed of 13 members appointed as follows: 

8 (A) Two individuals appointed by the 

9 Speaker of the House of Representatives. 

10 (B) Two individuals appointed jointly by 

11 the President of the Senate and the President 

12 pro tempore. 

13 (C) Two individuals appointed by the mi14 nority leader of the House of Representatives. 

15 (D) Two individuals appointed by the mi16 nority leader of the Senate. 

17 (E) Four individuals appointed by the 

18 President. 

19 (F) One individual appointed by the Presi20 dent, by and with the advice and consent of the 

21 Senate, who shall serve as chairperson. 

22 (2) QUALIFICATIONS.—Individuals appointed 

23 under paragraph (1) shall— 

24 (A) be specially qualified to serve on the 

25 Commission by virtue of their expert education, 


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1 training, or experience associated with veterans’ 

2 benefits, judicial review, constitutional law, or 

3 other areas of expertise pertinent to the duties 

4 of the Commission; and 

5 (B) include individuals who— 

6 (i) are current or retired members of 

7 the judiciary; 

8 (ii) are members of the legal or aca9 demic community; or 

10 (iii) represent— 

11 (I) veterans service organizations; 

12 (II) legal service organizations; 

13 or 

14 (III) other affected entities. 

15 (3) TERMS.—Each member shall be appointed 

16 for the life of the Commission. 

17 (4) VACANCY.—A vacancy in the Commission 

18 shall be filled in the manner in which the original 

19 appointment was made. 

20 (d) MEETINGS.— 

21 (1) IN GENERAL.—The Commission shall meet 

22 at the call of the Chairperson or a majority of its 

23 members. 


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1 (2) QUORUM.—A majority of the Commission 

2 shall constitute a quorum but a lesser number may 

3 hold hearings. 

4 (e) PAY.— 

5 (1) RATES OF PAY.—Except as provided in 

6 paragraph (2), members shall serve without pay. 

7 (2) TRAVEL EXPENSE.—Each member shall re8 ceive travel expenses, including per diem in lieu of 

9 subsistence, in accordance with applicable provisions 

10 under subchapter I of chapter 57 of title 5, United 

11 States Code. 

12 (f) STAFF.— 

13 (1) DIRECTOR.—The Commission shall have a 

14 director who shall be appointed by the Chairperson. 

15 (2) STAFF.—Subject to rules prescribed by the 

16 Commission, the Chairperson may appoint additional 

17 personnel as the Chairperson considers appropriate. 

18 (3) APPLICABILITY OF CERTAIN CIVIL SERVICE

19 LAWS.—The director and staff of the Commission 

20 shall be appointed subject to the provisions of title 

21 5, United States Code, governing appointments in 

22 the competitive service, and shall be paid in accord23 ance with the provisions of chapter 51 and sub24 chapter III of chapter 53 of that title relating to 

25 classification and General Schedule pay rates. 


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1 (4) EXPERTS AND CONSULTANTS.—Subject to 

2 rules prescribed by the Commission, the Chairperson 

3 may procure temporary and intermittent services 

4 under section 3109(b) of title 5, United States Code. 

5 (5) STAFF TO FEDERAL AGENCIES.—Upon re6 quest of the Chairperson, the head of any Federal 

7 department or agency may detail, on a reimbursable 

8 basis, any of the personnel of that department or 

9 agency to the Commission to assist it in carrying out 

10 its duties under this section. 

11 (g) POWERS OF COMMISSION.— 

12 (1) HEARINGS AND SESSIONS.—The Commis13 sion may, for the purpose of carrying out this Act, 

14 hold hearings, sit and act at times and places, take 

15 testimony, and receive evidence as the Commission 

16 considers appropriate. The Commission may admin17 ister oaths or affirmations to witnesses appearing 

18 before it. 

19 (2) POWERS OF MEMBERS AND AGENTS.—Any 

20 member or agent of the Commission may, if author21 ized by the Commission, take any action which the 

22 Commission is authorized to take by this section. 

23 (3) OBTAINING OFFICIAL DATA.—The Commis24 sion may secure directly from any department or 

25 agency of the United States information necessary 


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1 to enable it to carry out this Act. Upon request of 

2 the Chairperson of the Commission, the head of that 

3 department or agency shall furnish that information 

4 to the Commission. 

5 (4) MAILS.—The Commission may use the 

6 United States mails in the same manner and under 

7 the same conditions as other departments and agen8 cies of the United States. 

9 (5) ADMINISTRATIVE SUPPORT SERVICES.— 

10 Upon the request of the Commission, the Adminis11 trator of General Services shall provide to the Com12 mission, on a reimbursable basis, the administrative 

13 support services necessary for the Commission to 

14 carry out its responsibilities under this Act. 

15 (h) REPORTS.— 

16 (1) INTERIM REPORT.—Not later than July 1, 

17 2010, the Commission shall submit to Congress an 

18 interim report of the evaluation and recommenda19 tions made under subsection (b). 

20 (2) FINAL REPORT.—Not later than December 

21 31, 2010, the Commission shall submit to Congress 

22 a final report on the activities of the Commission, 

23 including— 

24 (A) specific recommendations and solutions 

25 proposed by the Commission under subsection 


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1 (b), including a recommendation as to whether 

2 the Court of Appeals for Veterans Claims 

3 should have the authority to hear class action 

4 or associational standing cases; 

5 (B) relevant background and statistical in6 formation associated with such recommenda7 tions and solutions; and 

8 (C) other information the Commission de9 termines appropriate. 

10 (i) TERMINATION.—The Commission shall terminate 

11 on the date that is two years after the date on which the 

12 Commission submits the final report pursuant to section 

13 (h)(2). 

Æ 


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