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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5890 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 554
118th CONGRESS
  2d Session
                                H. R. 5890

                          [Report No. 118-658]

 To amend title 38, United States Code, to limit the authority of the 
   Secretary of Veterans Affairs to deny the claim of a veteran for 
  benefits under the laws administered by such Secretary on the sole 
  basis that such veteran failed to appear for a medical examination 
                      associated with such claim.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 3, 2023

               Mr. Luttrell introduced the following bill

                            October 25, 2023

             Referred to the Committee on Veterans' Affairs

                           September 10, 2024

       Additional sponsors: Ms. Stefanik, Mr. Posey, and Ms. Wild

                           September 10, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on October 
                                3, 2023]

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to limit the authority of the 
   Secretary of Veterans Affairs to deny the claim of a veteran for 
  benefits under the laws administered by such Secretary on the sole 
  basis that such veteran failed to appear for a medical examination 
                      associated with such claim.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Review Every Veterans Claim Act of 
2023''.

SEC. 2. PROHIBITION ON DENIAL OF CLAIMS FOR BENEFITS UNDER LAWS 
              ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS ON SOLE 
              BASIS THAT VETERAN FAILED TO APPEAR FOR CERTAIN MEDICAL 
              EXAMINATION.

    Subsection (d) of section 5103A of title 38, United States Code, is 
amended--
            (1) in the heading, by striking ``Compensation Claims'' and 
        inserting ``Claims for Benefits'';
            (2) in paragraph (2), by striking ``treat an examination or 
        opinion as being necessary to make a decision on a claim for 
        purposes of'' and inserting ``provide for a medical examination 
        or obtain a medical opinion under''; and
            (3) by adding at the end the following new paragraph:
    ``(3) If a veteran fails to appear for a medical examination 
provided by the Secretary in conjunction with a claim for a benefit 
under a law administered by the Secretary, the Secretary may not deny 
such claim on the sole basis that such veteran failed to appear for 
such medical examination.''.

SEC. 3. BOARD OF VETERANS' APPEALS: JURISDICTION; ELEMENTS OF 
              DECISIONS.

    (a) Jurisdiction.--Section 7104 of title 38, United States Code, is 
amended, in subsection (a)--
            (1) by inserting ``(1)'' before ``All questions''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) The Board shall determine, in the first instance, whether the 
Board has jurisdiction regarding a matter.
    ``(3) If the Board, on its own initiative, raises a question of a 
potential jurisdictional defect, the Board shall notify the parties and 
allow the parties an opportunity to respond.''.
    (b) Elements of Decisions.--Subsection (d) of such section is 
amended as follows:
            (1) In paragraph (2)--
                    (A) in subparagraphs (A) and (B), by striking ``; 
                and'' both places it appears and inserting a semicolon;
                    (B) by redesignating subparagraph (B), as amended, 
                as subparagraph (C); and
                    (C) by inserting, after subparagraph (A), the 
                following new subparagraph (B):
                    ``(B) if such evidence was not considered as 
                described in subparagraph (A), identifying the time 
                when such evidence was received and the provision of 
                section 7113 of this title that establishes that such 
                evidence may not be received at such time; and''.
            (2) By redesignating paragraph (3) as paragraph (4).
            (3) By inserting, after paragraph (2), the following new 
        paragraph (3):
            ``(3) the written determination of the Board whether the 
        notice of disagreement was adequate and timely filed under 
        section 7105 of this title; and''.
    (c) Conforming Amendment.--Section 7105 of such title is amended by 
striking subparagraph (C) of paragraph (1) of subsection (b).

SEC. 4. BOARD OF VETERANS' APPEALS PUBLICATION OF DATES OF DOCKET 
              ACTIVITY.

    Section 7107 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) Publication of Expected Actions.--(1) On a weekly basis, for 
each docket, the Board shall publish, on a website of the Department, 
notice of the docket dates of the cases assigned to a Board member for 
a decision for that week.
    ``(2) Each notice published under paragraph (1) shall include a 
statement that an assignment described in such paragraph does not 
require the Board to issue a decision regarding the case during such 
week.
    ``(3) Paragraph (1) shall not apply to a case--
            ``(A) that has been advanced under subsection (b); or
            ``(B) remanded by the United States Court of Appeals for 
        Veterans Claims.''.

SEC. 5. MODIFICATION OF CERTAIN HOUSING LOAN FEES.

    The loan fee table in section 3729(b)(2) of title 38, United States 
Code, is amended by striking ``November 15, 2031'' each place it 
appears and inserting ``November 22, 2031''.
                                                 Union Calendar No. 554

118th CONGRESS

  2d Session

                               H. R. 5890

                          [Report No. 118-658]

_______________________________________________________________________

                                 A BILL

 To amend title 38, United States Code, to limit the authority of the 
   Secretary of Veterans Affairs to deny the claim of a veteran for 
  benefits under the laws administered by such Secretary on the sole 
  basis that such veteran failed to appear for a medical examination 
                      associated with such claim.

_______________________________________________________________________

                           September 10, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```