I 
108TH CONGRESS 
1ST SESSION H. R. 3392
To amend title 38, United States Code, to make certain improvements in 
the procedures for adjudication of claims for benefits under laws adminis-
tered by the Secretary of Veterans Affairs. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 29, 2003
Mr. EVANS (for himself and Mr. MICHAUD) introduced the following bill; 
which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to make certain 
improvements in the procedures for adjudication of 
claims for benefits under laws administered by the Sec-
retary of Veterans Affairs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Claims Pro-
cedures Improvement Act of 2003’’.
SEC. 2. TIME LIMITATION ON INFORMATION TO COMPLETE 
CLAIM. 
Section 5102 of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c)(1) If the Secretary notifies a claimant and the 
claimant’s representative, if any, under subsection (b) that 
certain information is necessary to complete the claimant’s 
application and that information is not received by the 
Secretary within one year from the date of such notifica-
tion, no benefit may be paid or furnished by reason of 
the claimant’s application. 
‘‘(2) This subsection shall not apply to any applica-
tion or claim for Government life insurance benefits.’’. 
SEC. 3. EFFECT OF NOTICE TO CLAIMANTS OF REQUIRED 
INFORMATION AND EVIDENCE. 
(a) NOTICE REQUIRED TO BE IN WRITING.—Sub-
section (a) of section 5103 of title 38, United States Code, 
is amended by inserting ‘‘in writing’’ in the first sentence 
after ‘‘shall notify’’. 
(b) TIME LIMITATION.—Subsection (b) of that sec-
tion is amended—
(1) in paragraph (1), by striking ‘‘if such’’ and 
all that follows through ‘‘application’’ and inserting 
‘‘such information or evidence must be submitted 
within the time period specified by the Secretary,
which period shall end not less than 60 days after 
the date of such notification or one year from the 
date of application, whichever is later’’; 
(2) by redesignating paragraph (2) as para-
graph (4); and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) The Secretary may in any case extend for good 
cause the time period under paragraph (1) for submitting 
information or evidence. 
‘‘(3) The limitation in paragraph (1) shall not be con-
strued to prohibit the Secretary from making a decision 
on a claim before the end of the period specified under 
that paragraph. If the Secretary issues a decision before 
the end of the period specified in paragraph (1) and infor-
mation or evidence pertinent to the claim is received with-
in that period, the prior decision shall be readjudicated, 
the information or evidence shall be considered, and a new 
decision shall be issued.’’. 
(c) EFFECT ON PRIOR CASES.—In the case of a 
claimant for benefits under laws administered by the Sec-
retary of Veterans Affairs who asserts that after Novem-
ber 9, 2000, the claimant was misled by a notification 
from the Secretary that information and evidence needed 
to substantiate the claim was required to be submitted be-
fore the end of the one-year period provided in section 
5103 of title 38, United States Code, the claimant may 
request to have the prior decision vacated and a new deci-
sion issued. Upon receiving such a request, the Secretary 
shall vacate the decision and issue a new decision if the 
request, information, and evidence are submitted not later 
than one year after the date of the enactment of this Act. 
Unless there is a timely request from the claimant or the 
claimant’s legal representative, nothing in this Act shall 
be construed as establishing a duty on the part of the Sec-
retary of Veterans Affairs to locate and readjudicate a 
claim described in this subsection. 
SEC. 4. CLARIFICATION OF PROCEDURES APPLICABLE TO 
FILING A NOTICE OF DISAGREEMENT WITH 
THE BOARD OF VETERANS APPEALS. 
(a) NOTICE OF DISAGREEMENT.—Section 7105 of 
title 38, United States Code, is amended—
(1) by redesignating subsections (b), (c), and 
(d) as subsections (d), (e), and (f), respectively; and 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) Appellate review shall be initiated by a written 
notice submitted to the Secretary expressing disagreement 
with an initial determination of the Secretary. Such a no-
tice may be referred to as a ‘notice of disagreement’. Un-
less the claimant or the claimant’s representative clearly 
indicates that the claimant does not want appellate review 
of the determination in whole or in part, any such notice 
shall be sufficient to initiate appellate review of the deter-
mination. 
‘‘(b)(1) If it is not clear from the claimant’s notice 
whether or not appellate review is desired or what issue 
or issues are being appealed, the claimant shall be notified 
in writing and requested to provide clarification. Any such 
notification shall indicate that the adjudicative determina-
tion will be final if no valid notice of disagreement is re-
ceived before the end of the 60-day period beginning on 
the date on which the request for clarification is sent or 
the one-year period beginning on the date of the adjudica-
tive determination, whichever is later. 
‘‘(2) Unless clarification requested under paragraph 
(1) is received within the time period prescribed in that 
paragraph or within any extension of time granted by the 
Secretary for good cause, the document shall not be treat-
ed as a notice of disagreement. 
‘‘(c) In order to proceed on the appeal, the claimant 
must submit a written substantive appeal after a state-
ment of the case is furnished as prescribed in this section. 
The appellant shall be accorded hearing and representa-