I
103D CONGRESS
1ST SESSION
H. R. 3269
To amend title 38, United States Code, to make improvements in the proce-
dures used by the Department of Veterans Affairs in adjudicating claims
for veterans benefits, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 13, 1993
Mr. EVANS introduced the following bill; which was referred to the Committee
on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to make improve-
ments in the procedures used by the Department of
Veterans Affairs in adjudicating claims for veterans ben-
efits, 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; REFERENCES TO TITLE 38,
UNITED STATES CODE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Veterans Adjudication Procedures Act of 1993’’.
(b) REFERENCES
TO TITLE 38, UNITED STATES
CODE.—Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of title 38, United States Code.
SEC. 2. WORK RATE STANDARDS FOR ADJUDICATIVE EM-
PLOYEES.
(a) IN GENERAL.—(1) Chapter 7 is amended by add-
ing at the end the following new section:
‘‘§ 713. Work rate standards for adjudicative employ-
ees
‘‘(a) The Secretary shall provide that under the work
rate standards that apply to employees of the Department
who adjudicate claims for benefits that have been submit-
ted to the Secretary, those employees do not receive credit
for work on a claim until the decision on the claim be-
comes final. Such a decision shall not be considered to
have become final until the claimant has exhausted, or
failed to timely exercise, the right to appellate review by
the Board of Veterans’ Appeals.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘713. Work rate standards for adjudicative employees.’’.
(b) EFFECTIVE DATE.—Section 713 of title 38,
United States Code, as added by subsection (a), shall
apply with respect to claims for benefits that are submit-
ted to the Secretary of Veterans Affairs after the end of
the 180-day period beginning on the date of the enactment
of this Act.
SEC. 3. ANNUAL REPORT ON STATUS OF CLAIMS FOR BENE-
FITS.
(a) IN GENERAL.—(1) Chapter 5 is amended by in-
serting after section 529 the following new section:
‘‘§ 530. Annual report on status of claims for benefits
‘‘(a) The Secretary shall submit to the Congress an
annual report on the status of claims for benefits before
the Department during the preceding fiscal year (begin-
ning with the third fiscal year ending after the date of
the enactment of this section). The report for any fiscal
year shall be submitted in conjunction with the report
under section 7101(d) of this title for that year. Each such
report shall separately set forth, with regard to claims for
benefits in which a decision of the agency of original juris-
diction or the Board of Veterans’ Appeals became final
during the preceding fiscal year, the average number of
days that passed from the date on which the claim was
initially received by the Department until the following
dates, as applicable:
‘‘(1) The date on which the notice of decision
was provided to the claimant, for those cases in
which the claimant did not file a timely notice of dis-
agreement (along with the number of such cases).
‘‘(2) The date on which the statement of the
case was provided to the claimant, for those cases in
which the claimant filed a timely notice of disagree-
ment, and the agency of original jurisdiction did not
conduct a hearing, and the claimant did not file a
timely substantive appeal to the Board of Veterans’
Appeals (along with the number of such cases).
‘‘(3) The date on which the statement of the
case was provided to the claimant or the date on
which the notice of the decision rendered after the
conduct of a hearing of the agency of original juris-
diction, whichever is later, for those cases in which
the claimant filed a timely notice of disagreement,
and agency of original jurisdiction conducted a hear-
ing, and the claimant did not file a timely sub-
stantive appeal to the Board of Veterans’ Appeals
(along with the number of such cases).
‘‘(4) The date on which the notice of the Board
of Veterans’ Appeals decision was provided to the
claimant, for those cases in which the Board of Vet-
erans’ Appeals did not remand to the agency of
original jurisdiction before issuing its decision and
neither the agency of original jurisdiction nor the
Board of Veterans’ Appeals conducted a formal
hearing (along with the number of such cases).
‘‘(5) The date on which the notice of the Board
of Veterans’ Appeals decision was provided to the
claimant, for those cases in which the agency of
original jurisdiction conducted a hearing, and the
Board of Veterans’ Appeals issued a decision on the
appeal of the claim without conducting a formal
hearing and without remanding the appeal to the
agency of original jurisdiction before issuing its deci-
sion (along with the number of such cases).
‘‘(6) The date on which the notice of the Board
of Veterans’ Appeals decision was provided to the
claimant, for those cases in which the agency of
original jurisdiction conducted a hearing and the
Board of Veterans’ Appeals issued a decision on the
appeal of the claim after conducting a formal hear-
ing and without remanding the appeal to the agency
of original jurisdiction before issuing its decision
(along with the number of such cases).
‘‘(7) The date on which the notice of the Board
of Veterans’ Appeals decision was provided to the
claimant, for those cases in which the agency of
original jurisdiction did not conduct a hearing, and
the Board of Veterans’ Appeals issued a decision on
the appeal of the claim after conducting a formal
hearing and without remanding the appeal to the
agency of original jurisdiction before issuing its deci-
sion (along with the number of such cases).
‘‘(8) The date on which the notice of the Board
of Veterans’ Appeals final decision was provided to
the claimant, for those cases in which the Board of
Veterans’ Appeals did not conduct a formal hearing
and remanded the case on one or more occasions to
the agency of original jurisdiction before issuing its
final decision (along with the number of such cases).
‘‘(9) The date on which the notice of the Board
of Veterans’ Appeals final decision was provided to
the claimant, for those cases in which the Board of
Veterans’ Appeals conducted a formal hearing and
remanded the case on one or more occasions to the
agency of original jurisdiction before issuing its final
decision (along with the number of such cases).
‘‘(b) Each such report shall also set forth the number
of claims for benefits pending a final decision as of the
end of the fiscal year preceding the submission of the
report.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 529 the following new item:
‘‘530. Annual report on status of claims for benefits.’’.
(b) EFFECTIVE DATE.—Section 530 of title 38,
United States Code, as added by subsection (a), shall
apply only with respect to claims for benefits that are re-
ceived by the Secretary of Veterans Affairs more than 180
days after the date of the enactment of this Act.
SEC. 4. OFFICIALS DETERMINING ORIGINAL AND RE-
OPENED CLAIMS FOR BENEFITS.
(a) IN GENERAL.—Subchapter I of chapter 51 is
amended by adding at the end the following:
‘‘§ 5109A. Officials acting on behalf of Secretary
‘‘(a) The functions of the Secretary under this chap-
ter in making determinations on a claim for benefits filed
under this chapter shall be carried out in each case by
a single official (known as a ‘rating official’). A single rat-
ing official (rather than a board of officials) shall make
the initial determination of the Secretary on all original
and reopened claims filed with the Secretary.
‘‘(b) Whenever a hearing is requested following a de-
cision of a rating official denying (in whole or in part)
a claim for benefits, the official who conducts the hearing
shall make a determination in the case without referring
the case back to the rating official who initially decided
the case (or another rating official) and shall issue a deci-
sion on the case in the manner prescribed in section 5104
of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 5109 the following new
item:
‘‘5109A. Officials acting on behalf of Secretary.’’.
SEC. 5. BOARD OF VETERANS’ APPEALS PROCEDURES.
(a) TERMINATION OF ACTION BY BVA THROUGH
SECTIONS.—(1) Sections 7102 and 7103 are amended to
read as follows:
‘‘§ 7102. Decisions by the Board
‘‘A proceeding instituted before the Board shall be
assigned to an individual member of the Board (other than
the Chairman). A member who is assigned a proceeding
shall make a determination thereon, including any motion
filed in connection therewith. The member shall make a
report under section 7104(d) of this title on any such de-
termination, which report shall constitute the member’s
final disposition of the proceeding.
‘‘§ 7103. Reconsideration; correction of obvious errors
‘‘(a) The decision of the member of the Board deter-
mining a matter under section 7102 of this title is final
unless the Chairman order reconsideration of the case.
Such an order may be made on the Chairman’s initiative
or upon motion of the claimant.
‘‘(b) If the Chairman orders reconsideration in a
case, the case shall upon reconsideration be heard by a
section of the Board. Any such section shall consist of not
less than three members (and may include the Chairman).
The member of the Board who made the decision under
reconsideration may not serve as a member of the section.
‘‘(c) When a case is heard by a section of the Board
after such an order for reconsideration, the decision of a
majority of the members of the section shall constitute the
final decision of the Board.
‘‘(d) The Board on its own motion may correct an
obvious error in the record, without regard to whether
there has been a motion or order for reconsideration.’’.
(2) The items relating to sections 7102 and 7103 in
the table of sections at the beginning of chapter 71 are
amended to read as follows:
‘‘7102. Decisions by the Board.
‘‘7103. Reconsideration; correction of obvious errors.’’.
(b) CONFORMING AMENDMENTS.—(1) Section 7110
is amended by striking out ‘‘section’’ both places it ap-
pears and inserting in lieu thereof ‘‘member’’.
(2)(A) The heading of section 7110 is amended to
read as follows:
‘‘§ 7110. Traveling members’’.
(B) The item relating to section 7110 in the table
of sections at the beginning of chapter 71 is amended to
read as follows:
‘‘7110. Traveling members.’’.
SEC. 6. REVISION OF DECISIONS BASED ON CLEAR AND UN-
MISTAKABLE ERROR.
(a) ORIGINAL DECISIONS.—(1) Chapter 51 is amend-
ed by inserting after section 5109A, as added by section
4, the following new section:
‘‘§ 5109B. Revision of decisions on grounds of clear
and unmistakable error
‘‘(a) A decision by the Secretary under this chapter
is subject to revision on the grounds of clear and unmis-
takable error. If evidence establishes the error, the prior
decision shall be reversed or revised.
‘‘(b) For the purposes of authorizing benefits, a rat-
ing or other adjudicative decision that constitutes a rever-
sal or revision of a prior decision on the grounds of clear
and unmistakable error has the same effect as if the deci-
sion had been made on the date of the prior decision.
‘‘(c) Review to determine whether clear and unmis-
takable error exists in a case may be instituted by the Sec-
retary on the Secretary’s own motion or upon request of
the claimant.
‘‘(d) A request for revision of a decision of the Sec-
retary based on clear and unmistakable error may be made
at any time after that decision is made.
‘‘(e) Such a request shall be submitted to the Sec-
retary and shall be decided in the same manner as any
other claim.’’.
‘‘(e) Such a request shall be submitted directly to the
Board and shall be decided by the Board on the merits,
without referral to any adjudicative or hearing official act-
ing on behalf of the Secretary.
‘‘(f) A claim filed with the Secretary that requests
reversal or revision of a previous Board decision due to
clear and unmistakable error shall be considered to be a
request to the Board under this section, and the Secretary
shall promptly transmit any such request to the Board for
its consideration under this section.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘7111. Revision of decisions on grounds of clear and unmistakable error.’’.
(c) EFFECTIVE DATE.—(1) Section 5109B and 7110
of title 38, United States Code, apply to any determination
made before, on, or after the date of the enactment of
this Act.
(2) Notwithstanding section 402 of the Veterans Ju-
dicial Review Act (38 U.S.C. 7251 note), chapter 72 of
title 38, United States Code, shall apply with respect to
any decision of the Board of Veterans’ Appeals on a claim
alleging that a previous determination of the Board was
the product of clear and unmistakable error if that claim
is filed after, or was pending before the Department of
Veterans Affairs, the Court of Veterans Appeals, the
Court of Appeals for the Federal Circuit, or the Supreme
Court on the date of the enactment of this Act.
Æ