I 
109TH CONGRESS 
2D SESSION 
H. R. 4914 
To amend title 38, United States Code, to remove certain limitations on 
attorney representation of claimants for veterans benefits in administra-
tive proceedings before the Department of Veterans Affairs, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2006 
Mr. EVANS (for himself and Ms. BERKLEY) introduced the following bill; 
which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to remove certain 
limitations on attorney representation of claimants for 
veterans benefits in administrative proceedings before the 
Department of Veterans Affairs, 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’ Choice of 
Representation Act’’. 
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SEC. 2. ATTORNEY REPRESENTATION IN VETERANS BENE-
FITS CLAIMS CASES BEFORE THE DEPART-
MENT OF VETERANS AFFAIRS. 
(a) AUTHORITY FOR REPRESENTATION AFTER NO-
TICE OF DISAGREEMENT IS FILED.—Subsection (c) of 
section 5904 of title 38, United States Code, is amended 
in paragraph (1) by striking ‘‘the Board of Veterans’ Ap-
peals first makes a final decision in the case’’ and insert-
ing ‘‘the claimant files a Notice of Disagreement in the 
case’’. 
(b) REPEAL OF ONE-YEAR PERIOD FOR RETAINING 
ATTORNEY.—Paragraph (1) of such subsection is further 
amended by striking the second and third sentences. 
(c) ATTORNEY FEES.—Such subsection is further 
amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(3)’’ and inserting ‘‘paragraph (4)’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘after the Board first 
makes a final decision in the case’’ and insert-
ing ‘‘after a Notice of Disagreement is filed in 
the case’’; 
(B) by striking ‘‘with the Board at such 
time as may be specified by the Board’’ and in-
serting ‘‘with the Secretary pursuant to regula-
tions prescribed by the Secretary’’; and 
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(C) by striking the second and third sen-
tences; 
(3) by redesignating paragraph (3) as para-
graph (4); and 
(4) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3)(A) The Secretary, upon the Secretary’s own mo-
tion or at the request of the claimant, may review a fee 
agreement filed pursuant to paragraph (2) and may order 
a reduction in the fee called for in the agreement if the 
Secretary finds that the fee is excessive or unreasonable. 
A fee that does not exceed 20 percent of the past due 
amount of benefits awarded on the claim shall be pre-
sumed to be reasonable. 
‘‘(B) A finding or order of the Secretary under sub-
paragraph (A) may be reviewed by the United States 
Board of Veterans’ Appeals under section 7104 of this 
title.’’. 
(d) PAYMENT
OF ATTORNEYS FEES.—Subsection 
(d)(3) of such section is amended by striking ‘‘may’’ in 
the first sentence and inserting ‘‘shall’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply— 
(1) to any case for which a Notice of Disagree-
ment is filed with the Secretary of Veterans Affairs 
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on or after the date of the enactment of this Act; 
and 
(2) to any case for which a Notice of Disagree-
ment is filed with the Secretary of Veterans Affairs 
before the date of the enactment of this Act and 
that as of the date of the enactment of this Act is 
pending before the Secretary. 
Æ 
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