I 
118TH CONGRESS 
2D SESSION 
H. R. 7917 
To amend title 38, United States Code, to improve the efficiency of adjudica-
tions and appeals of claims for benefits under laws administered by 
Secretary of Veterans Affairs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 10, 2024 
Mr. BOST (for himself, Ms. STEFANIK, and Mr. BILIRAKIS) 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 
efficiency of adjudications and appeals of claims for bene-
fits under laws administered by Secretary 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 Appeals Effi-
ciency Act of 2024’’. 
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SEC. 2. IMPROVEMENTS TO EFFICIENCY OF ADJUDICA-
TIONS AND APPEALS OF CLAIMS FOR BENE-
FITS UNDER LAWS ADMINISTERED BY SEC-
RETARY OF VETERANS AFFAIRS. 
(a) ANNUAL REPORT ON LENGTH OF ADJUDICA-
TIONS.— 
(1) IN GENERAL.—Section 5109B of title 38, 
United States Code, is amended— 
(A) by striking ‘‘The Secretary’’ and in-
serting ‘‘(a) IN GENERAL.—The Secretary’’; 
and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) ANNUAL REPORT.—The Secretary shall submit 
to the Committees on Veterans’ Affairs of the House of 
Representatives and the Senate an annual report that in-
cludes, with respect to the period covered by the report, 
a statement of the average length of time a claim (or issue 
within a claim) that is remanded by the Board of Vet-
erans’ Appeals is pending before the Secretary after such 
return or remand.’’. 
(2) DEADLINE.—The Secretary of Veterans Af-
fairs shall submit the first report required by sub-
section (b) of section 5109B of such title (as added 
by paragraph (1)) by not later than one year after 
the date of the enactment of this Act. 
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(b) REQUIREMENT TO TRACK CERTAIN CLAIMS FOR 
BENEFITS.— 
(1) IN
GENERAL.—Chapter 51 of title 38, 
United States Code, is amended by inserting after 
section 5109B the following new section: 
‘‘§ 5109C. Requirement to track and maintain infor-
mation on certain claims for benefits; no-
tice of certain assignments 
‘‘(a) IN GENERAL.—The Secretary shall use tech-
nology to track and maintain information (including infor-
mation with respect to timeliness) on— 
‘‘(1) claims for benefits under the laws adminis-
tered by the Secretary (including issues within such 
claims) that are— 
‘‘(A) continuously pursued in accordance 
with— 
‘‘(i) sections 5104C(a) and 5110(a)(2) 
of this title; or 
‘‘(ii) any other policy established by 
the Secretary; 
‘‘(B) filed in the National Work Queue (or 
any successor system) but have not been as-
signed to an office of the Veterans Benefits Ad-
ministration for adjudication; 
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‘‘(C) afforded expeditious treatment by the 
Veterans Benefits Administration pursuant to 
section 5109B of this title or any other policy 
established by the Secretary; 
‘‘(D) remanded by the Board of Veterans’ 
Appeals to the Secretary pursuant to section 
7104 of this title; or 
‘‘(E) pending a hearing by the Board of 
Veterans’ Appeals under section 7107 of this 
title; 
‘‘(2) instances in which an adjudicator of the 
Veterans Benefits Administration does not comply 
with a relevant decision of the Board of Veterans’ 
Appeals to remand a claim for benefits under the 
laws administered by the Secretary (or issue within 
such claim), including such instances in which the 
relevant decision concerned a failure on the part of 
the agency of original jurisdiction to satisfy the Sec-
retary’s duty to assist under section 5103A of this 
title; 
‘‘(3) supplemental claims under section 5108 of 
this title filed— 
‘‘(A) in accordance with section 5104C(a) 
and section 5110(a)(2) of this title; and 
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‘‘(B) after the date of the applicable final 
decision of the Secretary with respect to a claim 
for benefits under the laws administered by the 
Secretary (or issue within such claim); 
‘‘(4) first notices submitted to the Secretary of 
the death of individuals in receipt of benefits under 
the 
laws 
administered 
by 
the 
Secretary, 
disaggregated by such individuals who were— 
‘‘(A) assigned a fiduciary; and 
‘‘(B) not assigned a fiduciary; and 
‘‘(5) decisions of the Board of Veterans’ Ap-
peals to remand a claim for benefits under the laws 
administered by the Secretary that the Chairman of 
the Board of Veterans’ Appeals determines were un-
necessary pursuant to subsection (f) of section 7104 
of this title. 
‘‘(b) NOTICE
OF REASON
FOR CERTAIN ASSIGN-
MENTS.—In carrying out this section, the Secretary shall 
prescribe rules and regulations to ensure that a claimant 
(or the representative of a claimant) may view or other-
wise obtain notice of the reasons a relevant claim for bene-
fits under the laws administered by the Secretary is— 
‘‘(1) deferred for additional action by an office 
of the Veterans Benefits Administration in the Na-
tional Work Queue (or any successor system); or 
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‘‘(2) assigned a suspense date for further action 
in the National Work Queue (or any successor sys-
tem).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 5109B 
the following new item: 
‘‘Sec. 5109C. Requirement to track and maintain information on certain claims 
for benefits; notice of certain assignments’’. 
(c) IMPROVEMENTS TO BOARD OF VETERANS’ AP-
PEALS.— 
(1) 
AUTHORITY
TO
AGGREGATE
CERTAIN 
CLAIMS.—Section 7104 of such section is amended 
in subsection (a) by inserting after the second sen-
tence ‘‘If the Chairman of the Board determines 
that more than one appeal involves substantially 
similar questions of law or fact, the Chairman may 
aggregate such appeals for review.’’. 
(2) REQUIREMENT
TO
ENSURE
SUBSTANTIAL 
COMPLIANCE WITH CERTAIN DECISIONS.—Such sec-
tion is further amended by adding at the end the fol-
lowing new subsection— 
(A) by redesignating subsection (f) as sub-
section (g); and 
(B) by inserting after subsection (e) the 
following new subsection (f): 
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‘‘(f)(1) The Secretary, acting through the Chairman 
of the Board, shall ensure substantial compliance with any 
decision of the Board to remand a claim. 
‘‘(2) The Secretary may waive the requirement under 
paragraph (1) with respect to a decision of the Board to 
remand a claim to the Secretary if the Chairman of the 
Board determines— 
‘‘(A) evidence added to the evidentiary after the 
date of such decision is sufficient to resolve the 
issues underlying such decision; or 
‘‘(B) such decision was unnecessary. 
‘‘(3) If the Secretary exercises the authority under 
paragraph (2), the Secretary shall include, pursuant to 
subsection (d), a written notation of such exercise in the 
decision of the Board.’’. 
(3) MOTION FOR OGC OPINION.—Section 7104 
of such title is amended by adding at the end the 
following new subsection: 
‘‘(g) The Board may, on its own initiative or upon 
motion of the appellant, submit to the General Counsel 
a request for an opinion with respect to a question of law 
arising in an appeal under review by the Board.’’. 
(d) EXPANSION OF JURISDICTION OF COURT OF AP-
PEALS FOR VETERANS CLAIMS.—Section 7252 of title 38, 
United States Code, is amended— 
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(1) by redesignating subsections (b) and (c) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing new subsections: 
‘‘(b)(1) The Court shall have supplemental jurisdic-
tion to review an eligible claim pending a final decision 
of the Board of Veterans Appeals with respect to such eli-
gible claim. 
‘‘(2) The period during which a claimant may submit 
a request for administrative review of an eligible claim 
under subsection (a) of section 5104C of this title shall 
be tolled for the period beginning on the date on which 
the claimant submits to the Court a motion for class ac-
tion review and ending on the date that is 60 days after 
the date on which the Court issues a final decision with 
respect to— 
‘‘(A) such eligible claim; or 
‘‘(B) such motion for class action review, which-
ever is later. 
‘‘(3) In this subsection, the term ‘eligible claim’ 
means a claim for benefits under the laws administered 
by the Secretary for which relief may be granted on a 
class-wide basis pursuant to the rules of practice and pro-
cedure of the Court of Appeals for Veterans Claims. 
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‘‘(c)(1) The Court may remand a matter to the Board 
of Veterans’ Appeals for the limited purpose of ordering 
the Board to address a question of law or fact in a claim 
for benefits under the laws administered by the Secretary 
that the Court determines the Board failed to— 
‘‘(A) address, in the relevant decision of the 
Board, an issue that— 
‘‘(i) the claimant (or representative of such 
claimant) raised; or 
‘‘(ii) was reasonably raised by the evi-
dentiary record of such claim; or 
‘‘(B) provide adequate reasons or bases for the 
decision of the Board with respect to such question. 
‘‘(2) In issuing a remand under paragraph (1), the 
Court may require the Board to issue a decision on the 
relevant question with a certain period of time prescribed 
by the Court. 
‘‘(3) With respect to any matter remanded to the 
Board pursuant to paragraph (1), the Court shall— 
‘‘(A) retain jurisdiction over such matter; and 
‘‘(B) stay the proceedings of the Court on such 
matter until the date on which the Board issues the 
decision required by such remand.’’. 
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(e) STUDY AND REPORT ON COMMON QUESTIONS OF 
LAW
OR FACT BEFORE BOARD
OF VETERANS’ AP-
PEALS.— 
(1) STUDY.—The Chairman of the Board of 
Veterans Appeals shall carry out a study to identify 
questions of law or fact the Board commonly con-
siders when reviewing appeals pursuant to section 
7104 of title 38, United States Code, for which prec-
edential guidance would assist the Board in issuing 
final decisions on such appeals. The Chairman may 
use artificial intelligence and other technology in 
carrying out such study. 
(2) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Chairman of 
the Board of Veterans Appeals shall submit to the 
Committees on Veterans Affairs of the House of 
Representatives and the Senate a report that in-
cludes the findings of the study required by para-
graph (1). 
(f) INDEPENDENT
ASSESSMENT
OF
POTENTIAL 
MODIFICATIONS
TO AUTHORITY
OF BOARD
OF VET-
ERANS’ APPEALS.— 
(1) AGREEMENT.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary 
of Veterans Affairs shall seek to enter into an agree-
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ment with an FFRDC for an assessment of the fea-
sibility of modifying the authority of the Board of 
Veterans’ Appeals established under chapter 71 of 
title 38, United States Code, to permit the Board to 
issue precedential decisions with respect to questions 
of law or fact arising in matters before the Board. 
(2) ASSESSMENT.—An FFRDC that enters to 
an agreement under subsection (a) shall submit to 
the Secretary a written assessment that includes the 
following: 
(A) The determination of the FFRDC of 
whether modifying the authority of the Board 
to permit the Board to issue precedential deci-
sions with respect to questions of law or fact 
arising in matters before the Board is feasible. 
(B) An assessment of the authority of the 
Board of Veterans’ Appeals to aggregate, for 
review, more than one appeal under chapter 71 
of such title that involves substantially similar 
questions of law or fact pursuant to section 
7104 of such title (as amended by subsection 
(c)(1)). 
(C) The recommendations of the FFRDC 
with respect to rules or principles to which the 
Board should adhere when aggregating appeals 
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