‘‘§ 5109B. Expedited treatment of remanded claims
‘‘The Secretary shall take such actions as may be
necessary to provide for the expeditious treatment by the
appropriate regional office of the Veterans Benefits Ad-
ministration of any claim that is remanded to that office
by the Board of Veterans’ Appeals.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 5109A the following new item:
‘‘5109B. Expedited treatment of remanded claims.’’.
(b) CASES REMANDED BY COURT OF APPEALS FOR
VETERANS CLAIMS.—(1) Chapter 71 of title 38, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 7112. Expedited treatment of remanded claims
‘‘The Secretary shall take such actions as may be
necessary to provide for the expeditious treatment by the
Board of any claim that is remanded to the Secretary by
the Court of Appeals for Veterans Claims.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘7112. Expedited treatment of remanded claims.’’.
(c) REPEAL OF SOURCE SECTION.—Section 302 of
the Veterans’ Benefits Improvement Act of 1994 (Public
Law 103–446; 108 Stat. 4658; 38 U.S.C. 5101 note) is
repealed.
SEC. 6. AUTHORITY FOR COURT OF APPEALS FOR VET-
ERANS CLAIMS TO ORDER PAYMENT OF IN-
TERIM BENEFITS ON REMANDED CLAIMS.
(a) AUTHORITY TO ORDER PAYMENT.—Section 7267
of title 38, United States Code, is amended by adding at
the end the following new subsection:
‘‘(d)(1) Whenever the Court remands to the Sec-
retary a case involving a claim for compensation, depend-
ency and indemnity compensation, or pension, the Court
may include in its order remanding the case an order that
if the remanded claim is not decided by the Secretary
within 180 days of the date of the remand, the Secretary
shall pay interim benefits under that claim in such amount
as may be provided in the court order, not in excess of
the amount specified in the claim (or the amount for the
rating specified in the claim). Payments pursuant to such
an order shall commence effective with the next month be-
ginning after the end of such 180–day period and shall
terminate as provided in the Court order, but not later
than the last day of the month in which the final decision
resolving the claim is made.
‘‘(2) An order of the Court under paragraph (1) for
the payment of interim benefits is final and is not subject
to review by any other court.
‘‘(3) In a case for which interim benefits are paid
pursuant to an order under paragraph (1)—
‘‘(A) if benefits are awarded as part of the final
decision on the claim, the amount of interim benefits
paid for any month shall be deducted from the
amount of any retroactive benefit otherwise payable
for that month under the final decision on the claim;
and
‘‘(B) if benefits are not awarded as part of the
final decision on the claim, the amount of interim
benefits paid shall not be considered to be an over-
payment and shall not otherwise be subject to recov-
ery by the United States.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to any action
brought under chapter 72 of title 38, United States Code,
that is not final under section 7291 of such title as of
the date of the enactment of this Act.
SEC. 7. AUTHORITY FOR COURT TO EXTEND TIME TO FILE
NOTICE OF APPEAL.
(a) AUTHORITY.—Section 7266(a) of title 38, United
States Code, is amended by adding at the end the fol-
lowing new paragraph:
‘‘(5) The Court, upon a showing of excusable neglect
or good cause, may extend the time for filing a notice of
appeal. A copy of any motion for such an extension of time
for filing shall be provided to the Secretary and to any
other party to the case in accordance with the Court’s
rules of practice and procedure.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall not apply to any case for which the
time for filing a notice of appeal under section 7266 of
title 38, United States Code, has elapsed before the date
of the enactment of this Act.
Æ