I 
111TH CONGRESS 
1ST SESSION H. R. 4121 
To amend title 38, United States Code, to improve the appeals process 
of the Department of Veterans Affairs, to establish a commission to 
study judicial review of the determination of veterans’ benefits, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2009 
Mr. HALL of New York (for himself, Mr. BILBRAY, Mr. LAMBORN, Mr. 
RODRIGUEZ, Mrs. KIRKPATRICK of Arizona, Mrs. HALVORSON, Mr. DON-
NELLY of Indiana, and Mr. MILLER of Florida) introduced the following 
bill; which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to improve the 
appeals process of the Department of Veterans Affairs, 
to establish a commission to study judicial review of 
the determination of veterans’ benefits, and for other 
purposes. 
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 Appeals Im-
provement and Modernization Act of 2009’’. 
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SEC. 2. WAIVER OF REGIONAL OFFICE JURISDICTION OVER 
INCORPORATION OF SUPPLEMENTAL EVI-
DENCE 
INTO 
PREVIOUSLY 
SUBMITTED 
CLAIMS. 
(a) WAIVER.—Section 7104 of title 38, United States 
Code, is amended by adding at the end the following new 
subsection: 
‘‘(f) If a claimant submits new evidence in support 
of a case for which a substantive appeal has been filed, 
such evidence shall be submitted to the Board directly and 
not to a regional office of the Department, unless the 
claimant requests that the evidence be reviewed by the re-
gional office before being submitted to the Board.’’. 
(b) EFFECTIVE DATE.—Subsection (f) of section 
7104 of title 38, United States Code, as added by sub-
section (a) of this section, shall apply with respect to evi-
dence submitted on or after the date that is 90 days after 
the date of the enactment of this Act. 
SEC. 3. MODIFICATION OF JURISDICTION AND FINALITY OF 
DECISIONS OF THE COURT OF APPEALS FOR 
VETERANS CLAIMS. 
(a) MODIFICATION.—Subsection (a) of section 7252 
of title 38, United States Code, is amended— 
(1) by striking the third sentence; and 
(2) by adding at the end the following new sen-
tence: ‘‘The Court shall have power to affirm, mod-
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ify, reverse, remand, or vacate and remand a deci-
sion of the Board after deciding all relevant assign-
ments of error raised by an appellant for each par-
ticular claim for benefits. In a case in which the 
Court reverses a decision on the merits of a par-
ticular claim and orders an award of benefits, the 
Court need not decide any additional assignments of 
error with respect to that claim.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to a decision of the 
Board of Veterans’ Appeals made on or after the date of 
the enactment of this Act. 
SEC. 4. COMMISSION TO STUDY JUDICIAL REVIEW OF THE 
DETERMINATION OF VETERANS’ BENEFITS. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Veterans Judicial Review 
Commission’’ (in this section referred to as the ‘‘Commis-
sion’’). 
(b) DUTIES.—The Commission shall— 
(1) evaluate the administrative and judicial ap-
pellate review processes of veterans’ and survivors’ 
benefits determinations; and 
(2) make specific recommendations and offer 
solutions to improve the accuracy, fairness, trans-
parency, predictability, timeliness, and finality of 
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such appellate review processes, including a rec-
ommendation as to whether the Court of Appeals for 
Veterans Claims should have the authority to hear 
class action or associational standing cases. 
(c) MEMBERSHIP.— 
(1) IN
GENERAL.—The Commission shall be 
composed of 13 members appointed as follows: 
(A) Two individuals appointed by the 
Speaker of the House of Representatives. 
(B) Two individuals appointed jointly by 
the President of the Senate and the President 
pro tempore. 
(C) Two individuals appointed by the mi-
nority leader of the House of Representatives. 
(D) Two individuals appointed by the mi-
nority leader of the Senate. 
(E) Four individuals appointed by the 
President. 
(F) One individual appointed by the Presi-
dent, by and with the advice and consent of the 
Senate, who shall serve as chairperson. 
(2) QUALIFICATIONS.—Individuals appointed 
under paragraph (1) shall— 
(A) be specially qualified to serve on the 
Commission by virtue of their expert education, 
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training, or experience associated with veterans’ 
benefits, judicial review, constitutional law, or 
other areas of expertise pertinent to the duties 
of the Commission; and 
(B) include individuals who— 
(i) are current or retired members of 
the judiciary; 
(ii) are members of the legal or aca-
demic community; or 
(iii) represent— 
(I) veterans service organizations; 
(II) legal service organizations; 
or 
(III) other affected entities. 
(3) TERMS.—Each member shall be appointed 
for the life of the Commission. 
(4) VACANCY.—A vacancy in the Commission 
shall be filled in the manner in which the original 
appointment was made. 
(d) MEETINGS.— 
(1) IN GENERAL.—The Commission shall meet 
at the call of the Chairperson or a majority of its 
members. 
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(2) QUORUM.—A majority of the Commission 
shall constitute a quorum but a lesser number may 
hold hearings. 
(e) PAY.— 
(1) RATES
OF
PAY.—Except as provided in 
paragraph (2), members shall serve without pay. 
(2) TRAVEL EXPENSE.—Each member shall re-
ceive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United 
States Code. 
(f) STAFF.— 
(1) DIRECTOR.—The Commission shall have a 
director who shall be appointed by the Chairperson. 
(2) STAFF.—Subject to rules prescribed by the 
Commission, the Chairperson may appoint additional 
personnel as the Chairperson considers appropriate. 
(3) APPLICABILITY OF CERTAIN CIVIL SERVICE 
LAWS.—The director and staff of the Commission 
shall be appointed subject to the provisions of title 
5, United States Code, governing appointments in 
the competitive service, and shall be paid in accord-
ance with the provisions of chapter 51 and sub-
chapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates. 
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(4) EXPERTS AND CONSULTANTS.—Subject to 
rules prescribed by the Commission, the Chairperson 
may procure temporary and intermittent services 
under section 3109(b) of title 5, United States Code. 
(5) STAFF TO FEDERAL AGENCIES.—Upon re-
quest of the Chairperson, the head of any Federal 
department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or 
agency to the Commission to assist it in carrying out 
its duties under this section. 
(g) POWERS OF COMMISSION.— 
(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this Act, 
hold hearings, sit and act at times and places, take 
testimony, and receive evidence as the Commission 
considers appropriate. The Commission may admin-
ister oaths or affirmations to witnesses appearing 
before it. 
(2) POWERS OF MEMBERS AND AGENTS.—Any 
member or agent of the Commission may, if author-
ized by the Commission, take any action which the 
Commission is authorized to take by this section. 
(3) OBTAINING OFFICIAL DATA.—The Commis-
sion may secure directly from any department or 
agency of the United States information necessary 
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to enable it to carry out this Act. Upon request of 
the Chairperson of the Commission, the head of that 
department or agency shall furnish that information 
to the Commission. 
(4) MAILS.—The Commission may use the 
United States mails in the same manner and under 
the same conditions as other departments and agen-
cies of the United States. 
(5) ADMINISTRATIVE
SUPPORT
SERVICES.— 
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission, on a reimbursable basis, the administrative 
support services necessary for the Commission to 
carry out its responsibilities under this Act. 
(h) REPORTS.— 
(1) INTERIM REPORT.—Not later than July 1, 
2010, the Commission shall submit to Congress an 
interim report of the evaluation and recommenda-
tions made under subsection (b). 
(2) FINAL REPORT.—Not later than December 
31, 2010, the Commission shall submit to Congress 
a final report on the activities of the Commission, 
including— 
(A) specific recommendations and solutions 
proposed by the Commission under subsection 
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(b), including a recommendation as to whether 
the Court of Appeals for Veterans Claims 
should have the authority to hear class action 
or associational standing cases; 
(B) relevant background and statistical in-
formation associated with such recommenda-
tions and solutions; and 
(C) other information the Commission de-
termines appropriate. 
(i) TERMINATION.—The Commission shall terminate 
on the date that is two years after the date on which the 
Commission submits the final report pursuant to section 
(h)(2). 
Æ 
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