I 

118TH CONGRESS 

1ST SESSION H. R. 5559 

To amend title 38, United States Code, to establish certain rules of evidence 

in certain claims under laws administered by the Secretary of Veterans 

Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 19, 2023 

Mr. BOST introduced the following bill; which was referred to the Committee 

on Veterans’ Affairs 

A BILL 

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

rules of evidence in certain claims 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 ‘‘Protecting Veterans 

5 Claim Options Act’’. 

6 SEC. 2. CERTAIN RULES OF EVIDENCE IN CERTAIN CLAIMS 

7 UNDER LAWS ADMINISTERED BY THE SEC8 RETARY OF VETERANS AFFAIRS. 

9 (a) EVIDENCE IN SUPPLEMENTAL CLAIMS.— 


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1 (1) IN GENERAL.—Subsection (a) of section 

2 5108 of title 38, United States Code, is amended to 

3 read as follows: 

4 ‘‘(a) IN GENERAL.—(1)(A) The Secretary shall re5 adjudicate a claim if the claimant files a supplemental 

6 claim before the date that is one year after the date on 

7 which the agency of original jurisdiction issues a decision 

8 with respect to such claim. 

9 ‘‘(B) In readjudicating a claim under subparagraph 

10 (A), the Secretary shall consider all of the evidence of 

11 record. 

12 ‘‘(2)(A) The Secretary shall readjudicate a claim if 

13 the claimant presents new and relevant evidence with re14 spect to a supplemental claim— 

15 ‘‘(i) more than one year after the date of the 

16 decision of the agency of original jurisdiction with 

17 respect to such claim; 

18 ‘‘(ii) after the Board of Veterans’ Appeals 

19 issues a decision with respect to such claim; or 

20 ‘‘(iii) after the Court of Appeals for Veterans 

21 Claims issues a decision with respect to such claim. 

22 ‘‘(B) In readjudicating a claim under subparagraph 

23 (A), the Secretary shall consider all of the evidence of 

24 record and the new and relevant evidence described in 

25 such subparagraph.’’. 


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1 (2) CONFORMING AMENDMENTS.— 

2 (A) OPTIONS FOLLOWING DECISION BY

3 AGENCY OF ORIGINAL JURISDICTION.—Section 

4 5104C of such title is amended— 

5 (i) in subsection (a)(1)(B), by striking 

6 ‘‘section 5108’’ and inserting ‘‘section 

7 5108(a)(1)’’; and 

8 (ii) in subsection (b), by striking ‘‘sec9 tion 5108’’ and inserting ‘‘section 

10 5108(a)(2)’’. 

11 (B) EFFECTIVE DATES OF AWARDS.—Sec12 tion 5110(a)(2) of such title is amended— 

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

14 ‘‘section 5108’’ and inserting ‘‘section 

15 5108(a)(1)’’; and 

16 (ii) in subparagraphs (D) and (E), by 

17 striking ‘‘section 5108’’ both places it ap18 pears and inserting ‘‘section 5108(a)(2)’’. 

19 (C) JURISDICTION OF THE BOARD OF VET20 ERANS’ APPEALS.—Section 7104(b) of such 

21 title is amended by striking ‘‘section 5108’’ and 

22 inserting ‘‘section 5108(a)(2)’’. 

23 (3) RETROACTIVITY.—The amendments made 

24 by this subsection shall apply to supplemental claims 

25 filed on or after August 23, 2017. 


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1 (4) REGULATIONS.—The Secretary of Veterans 

2 Affairs shall prescribe regulations to carry out the 

3 amendments made by this subsection not later than 

4 180 days after the date of the enactment of this Act. 

5 (b) EVIDENCE IN CASES REMANDED BY THE COURT

6 OF APPEALS FOR VETERANS CLAIMS.—Section 7113 of 

7 title 38, United States Code, is amended by adding at the 

8 end the following new subsection: 

9 ‘‘(d) CASES REMANDED BY THE COURT OF APPEALS

10 FOR VETERANS CLAIMS.—(1) Except as provided in para11 graph (2), for cases remanded to the Board by the Court 

12 of Appeals for Veterans Claims, the evidentiary record be13 fore the Board shall be limited to the evidence previously 

14 considered by the Board in such case. 

15 ‘‘(2) The evidentiary record before the Board for 

16 cases described in paragraph (1) shall include evidence 

17 submitted by the appellant and his or her representative, 

18 if any, within 90 days following such remand, which the 

19 Board shall consider in the first instance.’’. 

Æ 


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