I 
118TH CONGRESS 
2D SESSION 
H. R. 8136 
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 
APRIL 26, 2024 
Mrs. PELTOLA (for herself, Mr. MOYLAN, and Mr. GOTTHEIMER) introduced 
the following bill; which was referred to the Committee on Veterans’ Af-
fairs, and in addition to the Committee on the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction 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 2024’’. 
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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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treatment by the Veterans Benefits Administration of any 
claim that is— 
‘‘(1) returned by a higher-level adjudicator 
under section 5104B of this title; or 
‘‘(2) remanded by the Board of Veterans’ Ap-
peals. 
‘‘(b) DEADLINE.—(1) Except as provided in para-
graph (2), with respect to any claim described in sub-
section (a), the Secretary shall take the actions under such 
subsection not later than 90 days after the date on 
which— 
‘‘(A) a higher-level adjudicator returned such 
claim; or 
‘‘(B) the Board of Veterans’ Appeals remanded 
such claim. 
‘‘(2) The Board of may, upon motion of the claimant, 
extend the deadline under paragraph (1) if the Board de-
termines there is good cause for such extension.’’. 
(b) ATTORNEY FEES FOR FILING OF NOTICE OF IN-
TENT TO APPEAL CERTAIN DECISIONS.—Section 5904(c) 
of title 38, United States Code is amended— 
(1) in paragraph (4)— 
(A) by striking the enumerator and insert-
ing ‘‘(4)(A)’’; and 
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(B) by striking ‘‘under this paragraph’’ 
and inserting ‘‘under this subparagraph’’; and 
(2) by adding at the end, the following new sub-
paragraph: 
‘‘(B) A reasonable fee, not to exceed the lesser of 
$200 or 20 percent of the initial payment from the claim-
ant to the attorney, may be charged or paid in connection 
with the filing of a notice of intent to appeal a decision 
by the Secretary under section 511 of this title affecting 
the provision of benefits to a claimant.’’. 
(c) 
APPOINTMENT
OF
ADMINISTRATIVE
LAW 
JUDGES; PERFORMANCE REVIEWS; SCHEDULING CON-
FERENCES.—Chapter 71 of title 38, United States Code, 
is amended as follows: 
(1) In section 7101— 
(A) in subsection (c)(1)— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) The Chairman may from time to time designate 
a retired officer of the Armed Forces who previously 
served as a military judge (as defined in section 801 of 
title 10 (article 1 of the Uniform Code of Military Jus-
tice)) to serve as an acting member of the Board. Except 
as provided in subparagraph (B), any such designation 
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shall be for a period not to exceed 180 days, as determined 
by the Chairman.’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(E) An individual designated pursuant to subpara-
graph (A) shall complete a program of training with re-
spect to the laws administered by the Secretary that the 
Secretary determines appropriate.’’; and 
(B) in subsection (d)— 
(i) in subparagraph (F), by striking ‘‘; 
and’’ and inserting a semicolon; 
(ii) by redesignating subparagraph 
(G) as subparagraph (H); and 
(iii) by inserting after subparagraph 
(F), the following new subparagraph: 
‘‘(G) the number of decisions of the Board re-
manded or returned to the Board, disaggregated by 
the Board member who issued the final decision so 
remanded or returned; and’’. 
(2) In section 7101A— 
(A) in subsection (a)(2), by striking ‘‘shall 
be’’ and all that follows through the end of the 
paragraph and inserting ‘‘shall be— 
‘‘(A) an administrative law judge appointed 
under section 3105 of title 5; and 
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‘‘(B) a member in good standing of the bar of 
a State.’’; and 
(B) in subsection (c)(1)— 
(i) in subparagraph (B), by striking 
‘‘Not less than one year after the job per-
formance standards under subsection (f) 
are initially established, and not less often 
than once every three years thereafter’’ 
and inserting ‘‘Under the conditions de-
scribed in subparagraph (C)’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(C) The performance review panel shall review the 
job performance of a member of the Board— 
‘‘(i) not less than one year after the job per-
formance standards under subsection (f) are initially 
established; 
‘‘(ii) not less often than once every three years 
after such standards are established; and 
‘‘(iii) when, during any 12-month-period, the 
Court of Appeals for Veterans Claims or a higher 
authority remands to the Board more than 60 per-
cent of the decisions issued by such member.’’. 
(3) In section 7102— 
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(A) by redesignating subsection (c) as sub-
section (d); and 
(B) by inserting after subsection (b) the 
following new subsection: 
‘‘(c) In the case of a decision of the Board that is 
remanded to the Board by the Court of Appeals for Vet-
erans Claims or a higher authority, any subsequent pro-
ceeding associated with the decision so remanded may not 
be assigned to the member of the Board who issued such 
decision.’’. 
(4) In section 7105— 
(A) in the heading, by inserting ‘‘; sched-
uling conferences’’ after ‘‘Filing of ap-
peal’’; 
(B) by redesignating subsections (c) and 
(d) as subsections (d) and (e), respectively; and 
(C) by inserting after subsection (b) the 
following new subsection: 
‘‘(c)(1) Not later than 90 days after a veteran files 
a notice of disagreement under subsection (a), the Board 
of Veterans Appeals shall hold, by picture and voice trans-
mission, a conference with such veteran and the represent-
ative of such veteran, if any, to schedule such hearing. 
‘‘(2) During the conference under paragraph (1), the 
Board shall— 
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‘‘(A) provide the veteran— 
‘‘(i) not fewer than 30 days for such vet-
eran to request a hearing; 
‘‘(ii) not fewer than 30 days to secure 
counsel for such hearing; 
‘‘(iii) not fewer than 60 days for such vet-
eran to submit to the Board the specific deter-
minations or findings of the Board with which 
the claimant disagrees; 
‘‘(iv) not fewer than 120 days for such vet-
eran to submit evidence relating to the deter-
minations described in clause (iii); 
‘‘(v) information relating to the rules gov-
erning an appeal under this chapter; and 
‘‘(vi) contact information for a representa-
tive of the Board, including an electronic mail 
address; and 
‘‘(B) schedule a tentative date for such hearing. 
‘‘(3) The Secretary may, upon motion of the veteran, 
extend the deadlines described in clauses (i) through (iv) 
of subparagraph (A) for good cause, including the failure 
of the Secretary to provide requested relevant or material 
information.’’. 
(5) In section 7107— 
(A) in subsection (a)— 
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