Calendar No. 376

103D CONGRESS

2D SESSION S. 1546

[Report No. 103–232]

A BILL

To amend title 38, United States Code, to revise

for other purposes.United States Court of Veterans Appeals, andcertain administrative provisions relating to the

MARCH 2 (legislative day, FEBRUARY 22), 1994

Reported with an amendment
II

Calendar No. 376

103D CONGRESS

2D SESSION S. 1546

[Report No. 103–232]

To amend title 38, United States Code, to revise certain administrative

provisions relating to the United States Court of Veterans Appeals,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 14 (legislative day, OCTOBER 13), 1993

Mr. ROCKEFELLER (for himself, Mr. DECONCINI, Mr. GRAHAM, and Mr.

DASCHLE) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs

MARCH 2 (legislative day, FEBRUARY 22), 1994

Reported by Mr. ROCKEFELLER, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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

administrative provisions relating to the United States

Court of Veterans Appeals, 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,
2

S 1546 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Court of Veterans Ap3 peals Improvement Act of 1993’’.

4 SEC. 2. CONFIRMATION OF CHIEF JUDGE.

5 Section 7253(b) of title 38, United States Code, is

6 amended by striking out ‘‘The judges’’ and inserting in

7 lieu thereof ‘‘The chief judge and the associate judges’’.

8 SEC. 3. MAILING OF NOTICES OF APPEAL TO THE COURT

9 OF VETERANS APPEALS.

10 (a) IN GENERAL.—Section 7266(a) of title 38, Unit11 ed States Code, is amended to read as follows:

12 ‘‘(a)(1) In order to obtain review by the Court

13 of Veterans Appeals of a final decision of the Board

14 of Veterans’ Appeals, a person adversely affected by

15 such decision shall file a notice of appeal with the

16 Court within 120 days after the date on which no17 tice of the decision is mailed pursuant to section

18 7104(e) of this title.

19 ‘‘(2) An appellant shall file a notice of appeal

20 under this section by delivering or mailing the notice

21 to the Court.

22 ‘‘(3) A notice of appeal shall be deemed to be

23 received by the Court as follows:

24 ‘‘(A) On the date of receipt by the Court,

25 if the notice is delivered.
3

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1 ‘‘(B) On the date of the United States

2 Post Service postmark stamped on the cover in

3 which the notice is posted, if the notice is

4 mailed.

5 ‘‘(4) For a notice of appeal mailed to the Court

6 to be deemed to be received under paragraph (3)(B)

7 on a particular date, the United States Postal Serv8 ice postmark on the cover in which the notice is

9 posted must be legible. The Court shall determine

10 the legibility of any such postmark and the Court’s

11 determination as to legibility shall be final and not

12 subject to review by any other Court.’’.

13 (b) APPLICATION.—The amendment made by sub14 section (a) shall take effect on the date of the enactment

15 of this Act and shall apply to notices of appeal that are

16 delivered or mailed to the United States Court of Veterans

17 Appeals on or after that date.

18 SEC. 4. AVAILABILITY OF REVIEW BY COURT OF VETERANS

19 APPEALS.

20 (a) AVAILABILITY.—Section 402 of the Veterans’ Ju21 dicial Review Act (38 U.S.C. 7251 note) is amended by

22 striking out ‘‘in which a notice of disagreement’’ and all

23 that follows through the end of the section and inserting

24 in lieu thereof ‘‘in which the Board of Veterans’ Appeals
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1 makes a final decision under section 7104 of title 38,

2 United States Code, on or after November 18, 1988.’’.

3 (b) EFFECTIVE DATE.—(1) The amendment made by

4 subsection (a) shall take effect as of November 18, 1988,

5 and apply to cases in which the Board of Veterans’ Ap6 peals makes a final decision under section 7104 of title

7 38, United States Code, on or after that date.

8 (2)(A) Not withstanding paragraph (1), a person re9 ferred to in subparagraph (B) shall be entitled to obtain

10 review by the Court of Veterans Appeals of a final decision

11 referred to in clause (ii) of that subparagraph if the person

12 files a notice of appeal with the Court of Veterans Appeals

13 with respect to that decision not later than 180 days after

14 the notification date referred to in subparagraph (C).

15 (B) Subparagraph (A) applies to a person who—

16 (i) filed a notice of disagreement with the

17 Board of Veterans’ Appeals before November 18,

18 1988; and

19 (ii) received a final decision by the Board on

20 the matter subject to the notice of disagreement on

21 or after such date.

22 (C) The Secretary of Veterans Affairs shall, to the

23 maximum extent practicable, notify each person referred

24 to in subparagraph (B) of the eligibility of the person to
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1 file a notice of appeal with the Court under subparagraph

2 (A). The date of such notification shall be deemed to be—

3 (i) the date of such notification, in the case of

4 actual notification; or

5 (ii) the date of the postmark stamped on the

6 cover in which the notification is posted, if the notice

7 is mailed.

8 SEC. 5. CLARIFICATION OF PAYMENT OF ATTORNEY FEES

9 UNDER CONTINGENT FEE AGREEMENTS.

10 Section 5904(d)(2)(A) of title 38, United States

11 Code, is amended to read as follows:

12 ‘‘(A) A fee agreement referred to in para13 graph (1) of this subsection is one under which

14 the total amount of the fee payable to the attor15 ney (i) is to be paid to the attorney by the Sec16 retary directly from any past due benefits

17 awarded on the basis of the claim, and (ii) is

18 contingent on whether or not the matter is re19 solved in a manner favorable to the claimant.’’.

20 SECTION 1. SHORT TITLE.

21 This Act may be cited as the ‘‘Court of Veterans Ap22 peals Improvement Act of 1993’’.
6

S 1546 RS

1 SEC. 2. CONFIRMATION OF CHIEF JUDGE.

2 Section 7253(b) of title 38, United States Code, is

3 amended by striking out ‘‘The judges’’ and inserting in lieu

4 thereof ‘‘The chief judge and the associate judges’’.

5 SEC. 3. MAILING OF NOTICES OF APPEAL TO THE COURT OF

6 VETERANS APPEALS.

7 (a) IN GENERAL.—Section 7266(a) of title 38, United

8 States Code, is amended to read as follows:

9 ‘‘(a)(1) In order to obtain review by the Court of Veter10 ans Appeals of a final decision of the Board of Veterans’

11 Appeals, a person adversely affected by such decision shall

12 file a notice of appeal with the Court within 120 days after

13 the date on which notice of the decision is mailed pursuant

14 to section 7104(e) of this title.

15 ‘‘(2) An appellant shall file a notice of appeal under

16 this section by delivering or mailing the notice to the Court.

17 ‘‘(3) A notice of appeal shall be deemed to be received

18 by the Court as follows:

19 ‘‘(A) On the date of receipt by the Court, if the

20 notice is delivered.

21 ‘‘(B) On the date of the United States Post Serv22 ice postmark stamped on the cover in which the notice

23 is posted, if the notice is mailed.

24 ‘‘(4) For a notice of appeal mailed to the Court to be

25 deemed to be received under paragraph (3)(B) on a particu26 lar date, the United States Postal Service postmark on the
7

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1 cover in which the notice is posted must be legible. The

2 Court shall determine the legibility of any such postmark

3 and the Court’s determination as to legibility shall be final

4 and not subject to review by any other Court.’’.

5 (b) APPLICATION.—The amendment made by sub6 section (a) shall take effect on the date of the enactment

7 of this Act and shall apply to notices of appeal that are

8 delivered or mailed to the United States Court of Veterans

9 Appeals on or after that date.

10 SEC. 4. CLARIFICATION OF PAYMENT OF ATTORNEY FEES

11 UNDER CONTINGENT FEE AGREEMENTS.

12 Section 5904(d)(2)(A) of title 38, United States Code,

13 is amended to read as follows:

14 ‘‘(A) A fee agreement referred to in paragraph (1) of

15 this subsection is one under which the total amount of the

16 fee payable to the attorney (i) is to be paid to the attorney

17 by the Secretary directly from any past-due benefits award18 ed on the basis of the claim, and (ii) is contingent on wheth19 er or not the matter is resolved in a manner favorable to

20 the claimant.’’.

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