IB 

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] 


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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. 


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•HR 5890 RH

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 ‘‘Review Every Veterans 

5 Claim Act of 2023’’. 

6 SEC. 2. PROHIBITION ON DENIAL OF CLAIMS FOR BENEFITS 

7 UNDER LAWS ADMINISTERED BY SECRETARY 

8 OF VETERANS AFFAIRS ON SOLE BASIS THAT 

9 VETERAN FAILED TO APPEAR FOR CERTAIN 

10 MEDICAL EXAMINATION. 

11 Subsection (d) of section 5103A of title 38, United 

12 States Code, is amended— 

13 (1) in the heading, by striking ‘‘COMPENSATION

14 CLAIMS’’ and inserting ‘‘CLAIMS FOR BENEFITS’’; 

15 (2) in paragraph (2), by striking ‘‘treat an ex16 amination or opinion as being necessary to make a 

17 decision on a claim for purposes of’’ and inserting 

18 ‘‘provide for a medical examination or obtain a med19 ical opinion under’’; and 

20 (3) by adding at the end the following new para21 graph: 

22 ‘‘(3) If a veteran fails to appear for a medical exam23 ination provided by the Secretary in conjunction with a 

24 claim for a benefit under a law administered by the Sec25 retary, the Secretary may not deny such claim on the sole 


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1 basis that such veteran failed to appear for such medical 

2 examination.’’. 

3 SEC. 3. BOARD OF VETERANS’ APPEALS: JURISDICTION; 

4 ELEMENTS OF DECISIONS. 

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

6 States Code, is amended, in subsection (a)— 

7 (1) by inserting ‘‘(1)’’ before ‘‘All questions’’; and 

8 (2) by adding at the end the following new para9 graphs: 

10 ‘‘(2) The Board shall determine, in the first instance, 

11 whether the Board has jurisdiction regarding a matter. 

12 ‘‘(3) If the Board, on its own initiative, raises a ques13 tion of a potential jurisdictional defect, the Board shall no14 tify the parties and allow the parties an opportunity to 

15 respond.’’. 

16 (b) ELEMENTS OF DECISIONS.—Subsection (d) of such 

17 section is amended as follows: 

18 (1) In paragraph (2)— 

19 (A) in subparagraphs (A) and (B), by strik20 ing ‘‘; and’’ both places it appears and inserting 

21 a semicolon; 

22 (B) by redesignating subparagraph (B), as 

23 amended, as subparagraph (C); and 

24 (C) by inserting, after subparagraph (A), 

25 the following new subparagraph (B): 


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1 ‘‘(B) if such evidence was not considered as 

2 described in subparagraph (A), identifying the 

3 time when such evidence was received and the 

4 provision of section 7113 of this title that estab5 lishes that such evidence may not be received at 

6 such time; and’’. 

7 (2) By redesignating paragraph (3) as para8 graph (4). 

9 (3) By inserting, after paragraph (2), the fol10 lowing new paragraph (3): 

11 ‘‘(3) the written determination of the Board 

12 whether the notice of disagreement was adequate and 

13 timely filed under section 7105 of this title; and’’. 

14 (c) CONFORMING AMENDMENT.—Section 7105 of such 

15 title is amended by striking subparagraph (C) of paragraph 

16 (1) of subsection (b). 

17 SEC. 4. BOARD OF VETERANS’ APPEALS PUBLICATION OF 

18 DATES OF DOCKET ACTIVITY. 

19 Section 7107 of title 38, United States Code, is amend20 ed by adding at the end the following new subsection: 

21 ‘‘(f) PUBLICATION OF EXPECTED ACTIONS.—(1) On a 

22 weekly basis, for each docket, the Board shall publish, on 

23 a website of the Department, notice of the docket dates of 

24 the cases assigned to a Board member for a decision for 

25 that week. 


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1 ‘‘(2) Each notice published under paragraph (1) shall 

2 include a statement that an assignment described in such 

3 paragraph does not require the Board to issue a decision 

4 regarding the case during such week. 

5 ‘‘(3) Paragraph (1) shall not apply to a case— 

6 ‘‘(A) that has been advanced under subsection 

7 (b); or 

8 ‘‘(B) remanded by the United States Court of 

9 Appeals for Veterans Claims.’’. 

10 SEC. 5. MODIFICATION OF CERTAIN HOUSING LOAN FEES. 

11 The loan fee table in section 3729(b)(2) of title 38, 

12 United States Code, is amended by striking ‘‘November 15, 

13 2031’’ each place it appears and inserting ‘‘November 22, 

14 2031’’. 


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ssavage on LAPJG3WLY3PROD with BILLS
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 

claim. a medical examination associated with such sole basis that such veteran failed to appear for the laws administered by such Secretary on the deny the claim of a veteran for benefits under authority of the Secretary of Veterans Affairs to 

SEPTEMBER 10, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


ssavage on LAPJG3WLY3PROD with BILLS