I 

109TH CONGRESS 

2D SESSION H. R. 4914 

To amend title 38, United States Code, to remove certain limitations on 

attorney representation of claimants for veterans benefits in administrative proceedings before the Department of Veterans Affairs, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2006 

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

which was referred to the Committee on Veterans’ Affairs 

A BILL 

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

limitations on attorney representation of claimants for 

veterans benefits in administrative proceedings before the 

Department 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 ‘‘Veterans’ Choice of 

5 Representation Act’’. 


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1 SEC. 2. ATTORNEY REPRESENTATION IN VETERANS BENE2 FITS CLAIMS CASES BEFORE THE DEPART3 MENT OF VETERANS AFFAIRS. 

4 (a) AUTHORITY FOR REPRESENTATION AFTER NO5 TICE OF DISAGREEMENT IS FILED.—Subsection (c) of 

6 section 5904 of title 38, United States Code, is amended 

7 in paragraph (1) by striking ‘‘the Board of Veterans’ Ap8 peals first makes a final decision in the case’’ and insert9 ing ‘‘the claimant files a Notice of Disagreement in the 

10 case’’. 

11 (b) REPEAL OF ONE-YEAR PERIOD FOR RETAINING

12 ATTORNEY.—Paragraph (1) of such subsection is further 

13 amended by striking the second and third sentences. 

14 (c) ATTORNEY FEES.—Such subsection is further 

15 amended— 

16 (1) in paragraph (1), by striking ‘‘paragraph 

17 (3)’’ and inserting ‘‘paragraph (4)’’; 

18 (2) in paragraph (2)— 

19 (A) by striking ‘‘after the Board first 

20 makes a final decision in the case’’ and insert21 ing ‘‘after a Notice of Disagreement is filed in 

22 the case’’; 

23 (B) by striking ‘‘with the Board at such 

24 time as may be specified by the Board’’ and in25 serting ‘‘with the Secretary pursuant to regula26 tions prescribed by the Secretary’’; and 


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1 (C) by striking the second and third sen2 tences; 

3 (3) by redesignating paragraph (3) as para4 graph (4); and 

5 (4) by inserting after paragraph (2) the fol6 lowing new paragraph (3): 

7 ‘‘(3)(A) The Secretary, upon the Secretary’s own mo8 tion or at the request of the claimant, may review a fee 

9 agreement filed pursuant to paragraph (2) and may order 

10 a reduction in the fee called for in the agreement if the 

11 Secretary finds that the fee is excessive or unreasonable. 

12 A fee that does not exceed 20 percent of the past due 

13 amount of benefits awarded on the claim shall be pre14 sumed to be reasonable. 

15 ‘‘(B) A finding or order of the Secretary under sub16 paragraph (A) may be reviewed by the United States 

17 Board of Veterans’ Appeals under section 7104 of this 

18 title.’’. 

19 (d) PAYMENT OF ATTORNEYS FEES.—Subsection 

20 (d)(3) of such section is amended by striking ‘‘may’’ in 

21 the first sentence and inserting ‘‘shall’’. 

22 (e) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply— 

24 (1) to any case for which a Notice of Disagree25 ment is filed with the Secretary of Veterans Affairs 


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1 on or after the date of the enactment of this Act; 

2 and 

3 (2) to any case for which a Notice of Disagree4 ment is filed with the Secretary of Veterans Affairs 

5 before the date of the enactment of this Act and 

6 that as of the date of the enactment of this Act is 

7 pending before the Secretary. 

Æ 


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