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SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.

(a) Short Title.--This Act may be cited as the ''Veterans'
Adjudication and Appeals Improvements 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 provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.

TITLE I--ADJUDICATION IMPROVEMENTS

SEC. 101. ELIMINATION OF REQUIREMENT FOR ANNUAL INCOME QUESTIONNAIRES.

Section 1506 is amended--
(1) in paragraph (2), by striking out ''shall'' and
inserting in lieu thereof ''may''; and
(2) in paragraph (3), by striking out ''file a revised
report'' and inserting in lieu thereof ''notify the
Secretary''.

SEC. 102. TIME PERIOD FOR RESPONDING TO NOTICE OF INCOMPLETE
APPLICATION.

Section 5103(a) is amended by striking out ''one year'' and
inserting in lieu thereof ''120 days''.

SEC. 103. RESTATEMENT OF BURDEN OF PROOF, DUTY TO ASSIST, AND BENEFIT
OF DOUBT.

The text of section 5107 is amended to read as follows:
''(a) Except as otherwise provided in this title, a person who
submits a claim for benefits under a law administered by the Secretary
shall bear the burden of establishing such claim by submitting evidence
sufficient to justify a belief by a fair and impartial individual that
the claim is well grounded. A claim shall be considered to be well
grounded if the evidence presented is sufficient to evoke a reasonable
probability that the claim is valid. Mere allegations, unsupported by
evidence, shall not form the basis for a conclusion that the claim is
well grounded.
''(b) The Secretary shall provide reasonable assistance to a
claimant in developing the facts pertinent to the claim. Except in the
case of evidence or information within the control of the Department or
other Federal department or agency, the duty to provide such assistance
shall be considered to be met upon a showing of a good faith effort by
the Secretary to obtain such evidence. Nothing in this subsection shall
be construed as shifting from the claimant to the Secretary the burden
specified in subsection (a).
''(c) When, after consideration of all evidence and material of
record in a case before the Department with respect to benefits under
law administered by the Secretary, there is an approximate balance of
positive and negative evidence regarding the merits of an issue
material to the determination of the matter, the benefit of doubt in
resolving each such issue shall be given to the claimant.''.

SEC. 104. CLARIFICATION OF REVIEW ON REOPENED CLAIMS.

Section 5108 is amended by adding at the end the following: ''Such
review shall be limited to the issue to which the new and material
evidence is related.''.

SEC. 105. LIMIT ON RETROACTIVE AWARDS.

Section 5110 is amended by adding at the end the following:
''(o) The effective date of an award or an increased award based on
a finding of clear and unmistakable error in fact or law in a prior
decision shall be in accordance with the facts found, but shall not be
retroactive for more than ten years before receipt of the allegation of
error.''.

SEC. 106. PLAN FOR REORGANIZATION OF ADJUDICATION DIVISIONS IN REGIONAL
OFFICES.

Not later than 180 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a plan
to provide for the reorganization of adjudication divisions located
within the regional offices of the Veterans Benefits Administration to
a number of such divisions that would result in greater efficiency in
the processing of claims filed by veterans, their survivors, or other
eligible persons for benefits administered by the Secretary.

SEC. 107. TRANSFER OF MILITARY MEDICAL RECORDS FROM DEPARTMENT OF
DEFENSE.

The Secretary of Veterans Affairs shall, not later than 90 days
after the date of the enactment of this Act, seek to enter into an
agreement with the Secretary of Defense to implement a plan to provide
for the immediate transfer to the Department of Veterans Affairs, upon
the separation of a member of the Armed Forces from active duty, of the
service medical records of that member.

TITLE II--BOARD OF VETERANS' APPEALS IMPROVEMENTS-

SEC. 201. COMPOSITION OF BOARD OF VETERANS' APPEALS.

(a) Repeal of Limitation on Size of Board.--Section 7101(a) is
amended by striking out ''(not more than 65)''.
(b) Ethical and Legal Limitations on Chairman.--Section 7101(b)(1)
is amended by inserting after the first sentence the following: ''The
Chairman shall be subject to the same ethical and legal limitations and
restrictions concerning involvement in partisan political activities as
apply to judges of the United States Court of Veterans Appeals.''.
(c) Temporary Members of the Board.--Section 7101(c)(1) is amended
to read as follows:
''(1) The number of temporary members of the Board may not exceed
10 percent of the total number of Board members at any time.''.
(d) Repeal of Report Requirement.--Paragraph (3) of section 7101(c)
is repealed.

SEC. 202. ASSIGNMENT OF MATTERS BEFORE THE BOARD.

Section 7102 is redesignated as section 7103 and is amended to read
as follows:
''Sec. 7103. Assignment of matters before the Board
''(a) Subject to subsection (b), the Chairman may determine any
matter before the Board, rule on any motion in connection therewith, or
may assign any such matter or motion to any other Board member or a
panel of members for determination. Any such assignment by the Chairman
shall not be reviewed by any other official or by any court, whether by
an action in the nature of mandamus or otherwise.
''(b) The authority granted under subsection (a) shall expire on
September 30, 1995.''.

SEC. 203. DETERMINATIONS BY THE BOARD.

Section 7103 is redesignated as section 7104 and the text thereof
is amended to read as follows:
''(a) When the Chairman retains a matter or submits it to another
Board member or panel of members for determination in accordance with
section 7102 of this title, or to a panel of Board members in
accordance with subsection (e), the Board member or members shall do
the following:
''(1) Issue an order dismissing any appeal, in whole or in
part, which fails to allege specific error of fact or law in
the determination being appealed or in which the determination
being appealed has become moot. Each order of dismissal shall
include a written statement of the Board's findings and
conclusions, and the reasons and bases for those findings and
conclusions, in support of the dismissal.
''(2) Issue an order remanding the case, in whole or in
part, to the agency of original jurisdiction for such
additional development as the member or panel of members may
consider necessary for proper disposition of the case.
''(3) Render a written decision with respect to any issues
not dismissed or remanded, which shall constitute the Board's
final disposition of the issues so decided. Such decision shall
be based on the entire record in the proceeding, upon
consideration of all evidence and material of record, and upon
applicable provisions of law and regulation.
''(b) Each decision of a Board member or of a panel of members
shall include--
''(1) a written statement of the Board's findings and
conclusions, and the reasons and bases for those findings and
conclusions, on all material issues of fact and law presented
on the record; and
''(2) an order granting appropriate relief or denying
relief.
''(c)(1) Decisions by a panel of Board members under this section
shall be based on a majority vote of the members of the panel.
''(2) The decision of a Board member or of a panel of members is
final unless the Chairman grants an administrative allowance as
authorized under subsection (d) or orders reconsideration of the case
pursuant to subsection (e).
''(d) Except in the case of a claim which has been the subject of
reconsideration pursuant to subsection (e), if a Board member other
than the Chairman is of the opinion that an otherwise final denial of a
claim should be revised or amended to allow the claim in whole or in
part based on a difference of opinion as to how the evidence should be
evaluated rather than on any error in the prior decision, the Board
member may recommend allowance of the claim to the Chairman. If the
Chairman agrees with the Board member, the Chairman shall approve the
award of any benefit or increase therein, on the basis of such
difference of opinion.
''(e)(1) A claimant may seek reconsideration of a final decision of
the Board by filing a motion for reconsideration with the Board within
120 days after the date on which notice of the Board's decision is
mailed pursuant to section 7104(e) of this title.
''(2) The Chairman or Vice Chairman shall review each motion for
reconsideration and may order such reconsideration upon a showing of
good cause. The decision of the Chairman or Vice Chairman to order
reconsideration or to deny such reconsideration shall not be reviewed
by any other official or by any court by an action in the nature of
mandamus or otherwise. If a motion for reconsideration is granted,
there shall be no further review by the Board of the matter except as
provided in this subsection.
''(3) If the Chairman or Vice Chairman orders reconsideration of an
appeal, the matter shall be referred to a panel of not less than three
Board members, not including the Board member who rendered the initial
decision, which shall render its decision after reviewing the entire
record before the Board.
''(4) The standard of review upon reconsideration shall be whether
the decision under consideration involved an obvious error in fact or
law affecting the result.
''(f) After reaching a determination under any of the provisions of
this section, the Board shall promptly mail a copy of its written
decision to the claimant and the claimant's authorized representative
(if any) at the last known address of the claimant and the last known
address of such representative (if any).
''(g) The Board shall be bound in its decisions by regulations of
the Department, and precedent opinions of the chief legal officer of
the Department.
''(h) A claim disallowed by the Board may not thereafter be
reopened except as provided in section 5108 of this title.''.

SEC. 204. JURISDICTION OF THE BOARD.

Section 7104 is transferred so as to appear after section 7101,
redesignated as section 7102, and amended to read as follows:
''Sec. 7102. Jurisdiction of the Board
''All questions in a matter which under section 511(a) of this
title is subject to decision by the Secretary shall be subject to one
review on appeal to the Secretary. Final decisions on such appeals
shall be made by the Board.''.

SEC. 205. FILING OF NOTICE OF DISAGREEMENT AND APPEAL.

(a) Period for Filing Notice of Disagreement.--Section 7105(b)(1)
is amended--
(1) by striking out ''one year'' in the first sentence and
inserting in lieu thereof ''120 days''; and
(2) by striking out ''one-year'' in the second sentence and
inserting in lieu thereof ''120-day''.
(b) Finality of Action or Determination.--Section 7105(d)(3) is
amended by adding after the third sentence the following: ''If no
formal appeal is received within this time period, the action or
determination shall become final and the claim may not thereafter be
reopened or allowed, except as may otherwise be provided by regulations
not inconsistent with this title.''.
(c) Repeal of Grounds for Dismissal.--Section 7105(d) is amended by
striking out paragraph (5).

SEC. 206. PERIOD FOR ADMINISTRATIVE APPEAL.

Section 7106 is amended by striking out ''one-year'' and inserting
in lieu thereof ''120-day''.

SEC. 207. HEARINGS.

Section 7110 is amended to read as follows:
''Sec. 7110. Hearings
''(a) The Board shall decide an appeal only after affording a
claimant an opportunity for a hearing.
''(b) A hearing docket shall be maintained and formal recorded
hearings shall be held by such member or members of the Board as the
Chairman may designate. Such Board member or members conducting such
hearing shall participate in the final determination in the claim.
''(c) A claimant may request a personal hearing before the Board at
either its principal location or at a regional office of the
Department. Any hearing held at a regional office of the Department
shall be scheduled for hearing in the order in which the requests for
hearings in that area are received by the Department. Other than a
hearing authorized under subsection (d), the Chairman may not authorize
more than 1,000 hearings by Board members at regional offices in any
fiscal year.
''(d) At the request of the Chairman, the Secretary may provide
suitable facilities and equipment to the Board or other components of
the Department to enable a claimant located at a regional office to
participate, through picture or voice transmission (or both) by
electronic or other means, in a hearing with a Board member or members
sitting at the Board's principal location. When such facilities and
equipment are available, the Chairman may afford a claimant an
opportunity to participate in a hearing before the Board through the
use of such facilities and equipment in lieu of a personal appearance
before the Board member or members. Any such hearing shall be conducted
in the same manner as, and be considered the equivalent of, a personal
hearing.''.

SEC. 208. CLERICAL AMENDMENT.

The table of sections at the beginning of chapter 71 is amended--
(1) by striking out the items relating to sections 7102,
7103, and 7104 and inserting in lieu thereof the following:

''7102. Jurisdiction of the Board.
''7103. Assignment of matters before the Board.
''7104. Filing of notice of disagreement and appeal.''; and
(2) by striking out the item relating to section 7110 and
inserting in lieu thereof the following:

''7110. Hearings.''.

SEC. 209. EFFECTIVE DATE.

The amendments made by this title shall take effect 60 days after
the date of the enactment of this Act.

TITLE III--COURT OF VETERANS APPEALS IMPROVEMENTS

SEC. 301. RECORD BEFORE COURT.

Section 7252(b) is amended by inserting ''entire'' after ''shall be
on the''.

SEC. 302. SCOPE OF REVIEW.

Section 7261(c) is amended by striking out the period at the end
and inserting in lieu thereof the following: '', nor shall the Court
consider an issue not presented on appeal to the Board of Veterans'
Appeals.''.

SEC. 303. EFFECTIVE DATE.

The amendments made by this title shall apply with respect to cases
for which an appeal is filed with the United States Court of Veterans
Appeals after the end of the 60-day period beginning on the date of the
enactment of this Act.
TABLE OF CONTENTS:
Title I: Adjudication Improvements
Title II: Board of Veterans' Appeals Improvements
Title III: Court of Veterans Appeals Improvements
Veterans' Adjudication and Appeals Improvements Act of 1993 -
Title I: Adjudication Improvements
- Authorizes (currently, directs) the Secretary of Veterans Affairs to require an annual income statement from persons receiving pension benefits from the Department of Veterans Affairs.
Reduces from one year to 120 days the time period for a Department claim applicant to respond to a notice of an incomplete application.
Limits the review of reopened claims to the issue to which the new and material evidence is related.
Limits the retroactive effective date of an award based on clear error to ten years before receipt of the allegation of such error.
Directs the Secretary to: (1) report to specified congressional committees a plan for the reorganization of adjudication divisions located within the regional offices of the Veterans Benefits Administration; and (2) enter into an agreement with the Secretary of Defense for the immediate transfer to the Department of the service medical records of individuals separated from the armed forces.
Title II: Board of Veterans' Appeals Improvements
- Repeals the current 65-person limit on the size of the Board of Veterans' Appeals. Requires the Chairman of the Board to be subject to the same ethical and legal limitations that apply to judges of the U.S. Court of Veterans Appeals. Repeals the requirement of an annual report on the number of temporary members appointed to the Board. Revises provisions concerning: (1) assignment of matters before the Board from the Chairman to other Board members; (2) determinations made by Board members (with a review of each decision by the Chairman or Vice Chairman); and (3) Board jurisdiction.
Reduces from one year to 120 days: (1) the period for the filing of a notice of disagreement and appeal to a Board decision; and (2) administrative appeals of decisions by designated officials of the Department.
Provides procedures for a Board hearing of an applicant's appeal, allowing such hearing to take place at either the Board's principal location or a regional office of the Department.
Title III: Court of Veterans Appeals Improvements
- Requires the U.S. Court of Veterans Appeals to review the entire record (currently, the record) of the previous proceedings before the Secretary and the Board. Prohibits the Court from considering an issue not presented on appeal to the Board.