Veterans Appeals Improvement and Modernization Act of 2017

Bill: 115-hr-2288
Sponsor: Rep. Bost, Mike [R-IL-12]
Introduced: 2017-05-02 in the House
Policy area: Armed Forces and National Security
Subjects: Administrative remedies
Computers and information technology
Congressional oversight
Department of Veterans Affairs
Evidence and witnesses
Government employee pay, benefits, personnel management
Government information and archives
Government studies and investigations
Health information and medical records
Medical tests and diagnostic methods
Performance measurement
Personnel records
Veterans' pensions and compensation

Summary:
action_date: 2017-05-02
text: 

Veterans Appeals Improvement and Modernization Act of 2017

 
This bill revises the Department of Veterans Affairs (VA) disability claims appeals system.
 
The bill permits a veteran to appeal within one year by: (1) requesting a review of the agency of original jurisdiction's (AOJ) decision by a higher-level adjudicator within AOJ using the same evidentiary record; (2) filing a supplemental claim with a regional office that includes the opportunity to submit additional evidence and have a hearing; or (3) appealing directly to the Board of Veterans' Appeals, with the opportunity to select an expedited review to submit new evidence but without a hearing, or to select a review with the option to submit new evidence and request a hearing.
 
A veteran may: (1) maintain the original effective date of a claim if he or she submits new and relevant evidence within one year of the most recent decision, and (2) retain the services of attorneys and accredited agents who charge a fee when the AOJ provides notice of the original decision.
 
The VA's statutory duty to assist a veteran terminates after the original decision. 
 
The bill: (1) requires the VA to issue decision notification letters, (2) permits certain veterans who initiated an appeal prior to the bill's effective date to opt-in to the modernized appeals system, (3) authorizes the VA to conduct a pilot program to test such system, and (4) requires the VA, prior to full implementation, to certify to Congress that it has sufficient resources and personnel to carry out the legacy and modernized appeals systems.
 

action_date: 2017-08-23
text: 

Veterans Appeals Improvement and Modernization Act of 2017

 
This bill revises the Department of Veterans Affairs (VA) disability claims appeals system.
 
(Sec. 2) Specifically, the bill requires the VA to assist with a claim or supplemental claim up until a veteran claimant is provided notice of a decision. Additionally, the VA must assist a veteran during a higher-level review if an adjudicator identifies an error on the part of the agency of original jurisdiction.
 
The bill also requires the VA to provide a notice of decision to veterans regarding decisions affecting the provision of benefits that includes specific information, such as a summary of the applicable laws and an explanation of how to obtain evidence used in making the decision.
 
Under the bill, findings that are favorable to the veteran are considered binding unless clear and convincing evidence is shown to rebut the findings.
 
The bill permits a veteran to appeal a decision within one year by (1) requesting a review of the agency of original jurisdiction's decision by a higher-level adjudicator using the same evidentiary record; (2) filing a supplemental claim with a regional office that includes the opportunity to submit additional evidence and have a hearing; or (3) appealing directly to the Board of Veterans' Appeals, with the opportunity to select an expedited review to submit new evidence but without a hearing, or to select a review with the option to submit new evidence and request a hearing.
 
The bill authorizes veterans to retain the services of attorneys and accredited agents who charge a fee when the agency of original jurisdiction provides notice of the original decision.
 
The bill prescribes specific procedures on the filing of a notice of disagreement with the Board of Veterans' Appeals, including form and timing. If no notice of disagreement is filed, the decision becomes final except in certain circumstances.
 
The bill modifies the maintenance of dockets by the Board of Veterans' Appeals and the procedures for advancing the docket and holding hearings.
 
The bill sets forth the type of evidence that is permitted in the record for cases with a request for hearing, and also for cases with no request for a hearing. Additionally, the bill requires the Board of Veterans' Appeals to provide written notice to the appellant if the board does not review evidence that the veteran did not submit in time.
 
The bill requires the VA, prior to full implementation, to certify to Congress that it has sufficient resources and personnel to carry out the existing and updated appeals systems.
 
(Sec. 3) Under the bill, the VA must submit a comprehensive plan for resolving pending appeals, and implementing the updated appeals system.
 
(Sec. 4) The bill authorizes the VA to carry out various pilot programs to test the updated appeals system and alternative processes as long as it notifies Congress of such testing.
 
(Sec. 5) Lastly, the bill requires the VA to publish information on the VA's website regarding the processing of existing appeals and appeals in the updated system. 
 


Legislative actions:
action_date: 2017-08-23
text: Signed by President.
action_date: 2017-08-23
text: Signed by President.
action_date: 2017-08-11
text: Presented to President.
action_date: 2017-08-11
text: Presented to President.
action_date: 2017-08-11
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2017-08-11
text: On motion that the House agree to the Senate amendment Agreed to without objection. (consideration: CR H6595-6601; text as House agreed to Senate amendment: CR H6595-6601)
action_date: 2017-08-11
text: Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to without objection.(consideration: CR H6595-6601; text as House agreed to Senate amendment: CR H6595-6601)
action_date: 2017-08-11
text: Mrs. Comstock asked unanimous consent to take from the Speaker's Table and agree to the Senate amendment.
action_date: 2017-08-02
text: Message on Senate action sent to the House.
action_date: 2017-08-01
text: Passed Senate with an amendment by Unanimous Consent.
action_date: 2017-08-01
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
action_date: 2017-08-01
text: Measure laid before Senate by unanimous consent. (consideration: CR S4687)
action_date: 2017-08-01
text: Senate Committee on Veterans' Affairs discharged by Unanimous Consent.
action_date: 2017-08-01
text: Senate Committee on Veterans' Affairs discharged by Unanimous Consent.
action_date: 2017-05-24
text: Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
action_date: 2017-05-23
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2017-05-23
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 273). (text: CR H4457-4463)
action_date: 2017-05-23
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 418 - 0 (Roll no. 273).(text: CR H4457-4463)
action_date: 2017-05-23
text: Considered as unfinished business. (consideration: CR H4483)
action_date: 2017-05-23
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2017-05-23
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 2288.
action_date: 2017-05-23
text: Considered under suspension of the rules. (consideration: CR H4457-4466)
action_date: 2017-05-23
text: Mr. Roe (TN) moved to suspend the rules and pass the bill, as amended.
action_date: 2017-05-19
text: Placed on the Union Calendar, Calendar No. 84.
action_date: 2017-05-19
text: Reported by the Committee on Veterans' Affairs. H. Rept. 115-135.
action_date: 2017-05-19
text: Reported by the Committee on Veterans' Affairs. H. Rept. 115-135.
action_date: 2017-05-17
text: Ordered to be Reported by Voice Vote.
action_date: 2017-05-17
text: Committee Consideration and Mark-up Session Held.
action_date: 2017-05-02
text: Referred to the House Committee on Veterans' Affairs.
action_date: 2017-05-02
text: Introduced in House
action_date: 2017-05-02
text: Introduced in House

Enacted as: number: 115-55