I 
119TH CONGRESS 
1ST SESSION H. R. 1471 
To amend title 38, United States Code, to improve the processes by which 
a veteran may appeal decisions affecting the provision of benefits under 
the laws administered by the Secretary of Veterans Affairs, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 21, 2025 
Mr. GOTTHEIMER introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs, and in addition to the Committee on the 
Judiciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To amend title 38, United States Code, to improve the 
processes by which a veteran may appeal decisions affect-
ing the provision of benefits under the laws administered 
by the Secretary of Veterans Affairs, and for other pur-
poses. 
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 ‘‘VA Appeals Reform 
Act of 2025’’. 
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SEC. 2. IMPROVEMENTS TO SYSTEM FOR ADJUDICATION 
OF CLAIMS FOR BENEFITS UNDER THE LAWS 
ADMINISTERED BY THE SECRETARY OF VET-
ERANS AFFAIRS. 
(a) DUTY TO ASSIST; SUPPLEMENTAL CLAIMS; EX-
PEDITED TREATMENT OF CERTAIN CLAIMS.—Chapter 51 
of title 38, United States Code, is amended— 
(1) in section 5103A— 
(A) 
by 
redesignating 
subsections 
(b) 
through (i) as subsections (c) through (j), re-
spectively; 
(B) by inserting after subsection (a) the 
following new subsection: 
‘‘(b) ASSISTANCE UPON REQUEST OF THE CLAIM-
ANT.—As part of the assistance provided under subsection 
(a), the Secretary shall, not later than 90 days after the 
claimant makes a request for assistance under this sub-
section, provide any of the following documents: 
‘‘(1) The veteran’s claims file. 
‘‘(2) A paginated copy of each component of 
each document in the evidence of record that the 
Secretary determines is relevant to the claim. 
‘‘(3) The contact information of the individual 
adjudicating the claim. 
‘‘(4) The contact information and curriculum 
vitae of any independent medical expert described in 
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section 5109 of this title offering an advisory med-
ical opinion in connection with the claim. 
‘‘(5) A copy of any correspondence relating to 
the claim between— 
‘‘(A) one or more employees of the Depart-
ment; and 
‘‘(B) an employee of the Department and 
any other individual. 
‘‘(6) Upon the request of the claimant, a copy 
of any document relevant to the claim that the 
claimant adequately identifies and authorizes the 
Secretary to obtain that is in the possession of— 
‘‘(A) the Secretary; or 
‘‘(B) the head of any Federal department 
or agency.’’. 
(C) in subsection (f) (as so redesignated), 
by adding at the end the following new para-
graph: 
‘‘(3) The duty of the Secretary to provide assistance 
under this section to a claimant with respect to a claim 
under this section shall continue until such time as the 
agency of original jurisdiction schedules a hearing to adju-
dicate the claim.’’; and 
(D) in subsection (i) (as so redesignated), 
by striking ‘‘except when new and relevant evi-
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dence is presented or secured, as’’ and inserting 
‘‘except as provided under the conditions’’; 
(2) in section 5104(b)— 
(A) in paragraph (2), by inserting before 
the period at the end ‘‘, including citations to 
applicable page numbers.’’; 
(B) in paragraph (3), by inserting ‘‘, in-
cluded as an appendix’’ after ‘‘regulations’’; 
(C) in paragraph (5), by striking ‘‘denial’’ 
and all that follows through the end of the 
paragraph and inserting ‘‘denial— 
‘‘(A) an identification of elements not sat-
isfied leading to the denial; and 
‘‘(B) a summary of the rights of the vet-
eran to appeal such denial.’’; and 
(D) in paragraph (7), by inserting ‘‘, in-
cluding the diagnostic codes used in the deter-
mination of the disability percentage and a cita-
tion to the applicable regulation’’ after ‘‘com-
pensation’’; 
(3) in section 5104B, by amending subsection 
(c) to read as follows: 
‘‘(c) EVIDENTIARY RECORD FOR REVIEW.—(1) In 
the course of a higher-level review, the veteran may sup-
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plement the evidentiary record before the higher-level re-
viewer. 
‘‘(2) If, during review of the agency of original juris-
diction decision, the higher-level reviewer identifies an 
error on the part of the agency of original jurisdiction that 
constitutes a failure to satisfy its duties under section 
5103A of this title, and that error occurred prior to the 
agency of original jurisdiction decision being reviewed, the 
higher-level reviewer shall return the claim to the agency 
of original jurisdiction.’’; 
(4) in section 5108, by amending subsection (a) 
to read as follows: 
‘‘(a) IN GENERAL.—The Secretary shall readjudicate 
a supplemental claim, taking into consideration all of the 
evidence of record when, with respect to such supple-
mental claim— 
‘‘(1) new and material evidence is presented or 
secured; 
‘‘(2) the Board of Veterans Appeals identifies a 
clear and unmistakable error on the part of the 
agency of original jurisdiction; or 
‘‘(3) a law or regulation enacted after the date 
of the denial of the original claim permits the vet-
eran to bring such supplemental claim.’’; 
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(5) in section 5109A, by adding at the end the 
following new subsection: 
‘‘(f) In this section, the term ‘clear and unmistakable 
error’ includes, with respect to a decision by the Secretary, 
any of the following: 
‘‘(1) Any error of law, fact, or application of 
law to fact— 
‘‘(A) that is manifest on the face of such 
decision; and 
‘‘(B) affected the outcome of such decision. 
‘‘(2) The misinterpretation or misapplication of 
a statute, regardless of whether such decision other-
wise complies with regulations issued by the Sec-
retary in effect as of the date of such decision. 
‘‘(3) The misinterpretation or misapplication of 
an unambiguous regulation, regardless of whether 
such decision otherwise complies with the regulations 
described in paragraph (2).’’; and 
(6) by striking section 5109B and inserting the 
following new section 5109B: 
‘‘§ 5109B. Expedited treatment of returned and re-
manded claims 
‘‘(a) IN GENERAL.—The Secretary shall take such 
actions as may be necessary to provide for the expeditious 
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