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HOUSE 457115th CongressReferred to the Subcommittee on Disability Assistance and Memorial Affairs.

VA Appeals Modernization Act of 2017

Last Action
2/3/2017

Actions

  • 2017-02-03Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
  • 2017-01-11Referred to the House Committee on Veterans' Affairs.
  • 2017-01-11Introduced in House
  • 2017-01-11Introduced in House

CRS Summary

As of 2017-01-11 (00)

VA Appeals Modernization Act of 2017

This bill amends the Department of Veterans Affairs (VA) benefits appeals process to permit a claimant to request:

  • a review of the Agency of Original Jurisdiction's decision by a higher-level adjudicator within the agency under which no additional evidence may be submitted; or
  • a Board of Veterans Appeals (BVA) review under which no BVA hearing is requested and no additional evidence may be submitted or under which a BVA hearing is requested and the appellant requests an opportunity to submit additional evidence at, and within 90 days of, the hearing.

("Agency of Original Jurisdiction" means the activity which entered the original determination with regard to a claim for veterans benefits.)

The BVA shall maintain two such separate dockets.

A finding favorable to a claimant is binding on all subsequent VA adjudicators unless clear and convincing evidence is shown to the contrary.

The BVA may remand a claim to the agency to obtain a corrective advisory medical opinion.

The bill revises effective dates of awards provisions.

The VA's duty to assist a claimant shall not apply: (1) once the claimant is provided notice of the agency's initial decision, and (2) to higher-level agency or BVA review.

The VA is not required to send notice for a supplemental claim or to readjudicate a claim that has been disallowed except when new and relevant evidence is presented or secured (currently such provisions applies to reopening such claim).

A claimants's notice of disagreement must set out specific allegations of error of fact or law. The BVA is authorized to dismiss an appeal which fails to do so.

Cosponsors (13)

  • Chellie Pingree (D-ME)
  • John Sarbanes (D-MD)
  • Mark Amodei (R-NV)
  • Carol Shea-Porter (D-NH)
  • John Garamendi (D-CA)
  • TIM RYAN (D-OH)
  • Mark Takano (D-CA)
  • Madeleine Bordallo (D-GU)
  • James Himes (D-CT)
  • ANNA ESHOO (D-CA)
  • Scott Peters (D-CA)
  • Kyrsten Sinema (D-AZ)
  • Gerald Connolly (D-VA)

Subjects

  • Administrative remedies
  • Department of Veterans Affairs
  • Evidence and witnesses
  • Veterans' medical care
  • Veterans' pensions and compensation
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.