Veterans Claim Transparency Act of 2021
Bill: S.458 | Sponsor: Sen. Tester, Jon (D-MT)
Policy area: Armed Forces and National Security

Summary:
Veterans Claim Transparency Act of 2021
This bill requires the Department of Veterans Affairs (VA) to provide the representative of a veteran with an opportunity to review a proposed determination regarding a claim for compensation or benefits before such determination becomes final. The VA must notify the representative in writing that a proposed determination is ready for review and may not make a final determination until the review period has ended.
Under the bill, a representative has up to 48 hours to review the proposed determination.

To amend title 38, United States Code, to require the Secretary of 
Veterans Affairs to provide the representative of record of a claimant 
     for compensation or benefits administered by the Secretary an 
  opportunity to review a proposed determination regarding that claim.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Claim Transparency Act of 
2021''.

SEC. 2. OPPORTUNITY FOR REPRESENTATIVE OF RECORD TO REVIEW A PROPOSED 
              DETERMINATION REGARDING A CLAIM FOR COMPENSATION OR 
              BENEFITS ADMINISTERED BY THE SECRETARY OF VETERANS 
              AFFAIRS.

    (a) In General.--Chapter 59 of title 38, United States Code, is 
amended by adding at the end the following new section:
``Sec. 5906. Opportunity for representative of record to review a 
              proposed determination regarding a claim for compensation 
              or benefits
    ``(a) In General.--For each claim for compensation or benefits 
under this title in which the claimant has designated a representative 
of record, the Secretary shall provide that representative of record an 
opportunity to review the proposed determination of the Secretary 
before it becomes final.
    ``(b) Representative of Record.--For purposes of this section, a 
representative of record of a claimant may be--
            ``(1) a representative of the claimant recognized under 
        section 5902 of this title; or
            ``(2) an agent or attorney of the claimant recognized under 
        section 5904 of this title.
    ``(c) Notice.--The Secretary shall submit notification in writing 
to a representative of record that a proposed determination is ready 
for review under subsection (a).
    ``(d) Period for Review.--Each opportunity to review a proposed 
determination under subsection (a) for a representative of record of a 
claimant shall be for a period--
            ``(1) beginning at the moment the representative receives 
        notification under subsection (b); and
            ``(2) ending on the earlier of--
                    ``(A) the moment that the claimant or the 
                representative of record indicates to the Secretary 
                that the claimant does not dispute the proposed 
                determination; or
                    ``(B) the moment that is 48 hours after the moment 
                described in paragraph (1).
    ``(e) Limitation.--The Secretary may not make a proposed 
determination, subject to a period of review under this section, final 
until after the period under subsection (d).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 59 of such title is amended by inserting after the item 
relating to section 5905 the following new item:

``5906. Opportunity for representative of record to review a proposed 
                            determination regarding a claim for 
                            compensation or benefits.''.
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