,i #aahth ,,congress #b;d ,session ,h4 ,r4 #hacf ,,in ,,the ,,house ,,of ,,representatives ,april #bf1 #bjbd,mrs4 ,peltola 7for herself1 ,mr4 ,moylan1 and ,mr4 ,gottheimer7 introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to improve the processes by which a veteran may appeal decisions affecting the provision of benefits under the laws administered by the ,secretary of ,veterans ,affairs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,va ,appeals ,reform ,act of #bjbd4 #b4 ,improvements to system for adjudication of claims for benefits under the laws administered by the ,secretary of ,veterans ,affairs 7a7 ,duty ,to assist2 supplemental claims2 expedited treatment of certain claims ,chapter #ea of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in section #eajc;,a-- 7,a7 by redesignating subsections 7b7 through 7i7 as subsections 7c7 through 7j71 respectively2 7,b7 by inserting after subsection 7a7 the following new subsection3 7b7 ,assistance upon request of the claimant ,as part of the assistance provided under subsection 7a71 the ,secretary shall1 not later than #ij days after the claimant makes a request for assistance under this subsection1 provide any of the following documents3 7#a7 ,the veteran's claims file4 7#b7 ,a paginated copy of each component of each document in the evidence of record that the ,secretary determines is relevant to the claim4 7#c7 ,the contact information of the individual adjudicating the claim4 7#d7 ,the contact information and curriculum vitae of any independent medical expert described in section #eaji of this title offering an advisory medical opinion in connection with the claim4 7#e7 ,a copy of any correspondence relating to the claim between-- 7,a7 one or more employees of the ,department2 and 7,b7 an employee of the ,department and any other individual4 7#f7 ,upon the request of the claimant1 a copy of any document relevant to the claim that the claimant adequately identifies and authorizes the ,secretary to obtain that is in the possession of-- 7,a7 the ,secretary2 or 7,b7 the head of any ,federal department or agency4 4 7,c7 in subsection 7f7 7as so redesignated71 by adding at the end the following new paragraph3 7#c7 ,the duty of the ,secretary to provide assistance under this section to a claimant with respect to a claim under this section shall continue until such time as the agency of original jurisdiction schedules a hearing to adjudicate the claim4 2 and 7,d7 in subsection 7i7 7as so redesignated71 by striking except when new and relevant evidence is presented or secured1 as and inserting except as provided under the conditions2 7#b7 in section #eajd7;b7-- 7,a7 in paragraph 7#b71 by inserting before the period at the end 1 including citations to applicable page numbers42 7,b7 in paragraph 7#c71 by inserting 1 included as an appendix after regulations2 7,c7 in paragraph 7#e71 by striking denial and all that follows through the end of the paragraph and inserting denial-- 7,a7 an identification of elements not satisfied leading to the denial2 and 7,b7 a summary of the rights of the veteran to appeal such denial4 2 and 7,d7 in paragraph 7#g71 by inserting 1 including the diagnostic codes used in the determination of the disability percentage and a citation to the applicable regulation after compensation2 7#c7 in section #eajd;,b1 by amending subsection 7c7 to read as follows3 7c7 ,evidentiary record for review 7#a7 ,in the course of a higher-level review1 the veteran may supplement the evidentiary record before the higher-level reviewer4 7#b7 ,if1 during review of the agency of original jurisdiction decision1 the higher-level reviewer identifies an error on the part of the agency of original jurisdiction that constitutes a failure to satisfy its duties under section #eajc;,a of this title1 and that error occurred prior to the agency of original jurisdiction decision being reviewed1 the higher-level reviewer shall return the claim to the agency of original jurisdiction4 2 7#d7 in section #eajh1 by amending subsection 7a7 to read as follows3 7a7 ,in general ,the ,secretary shall readjudicate a supplemental claim1 taking into consideration all of the evidence of record when1 with respect to such supplemental claim-- 7#a7 new and material evidence is presented or secured2 7#b7 the ,board of ,veterans ,appeals identifies a clear and unmistakable error on the part of the agency of original jurisdiction2 or 7#c7 a law or regulation enacted after the date of the denial of the original claim permits the veteran to bring such supplemental claim4 2 7#e7 in section #eaji;,a1 by adding at the end the following new subsection3 7f7 ,in this section1 the term clear and unmistakable error includes1 with respect to a decision by the ,secretary1 any of the following3 7#a7 ,any error of law1 fact1 or application of law to fact-- 7,a7 that is manifest on the face of such decision2 and 7,b7 affected the outcome of such decision4 7#b7 ,the misinterpretation or misapplication of a statute1 regardless of whether such decision otherwise complies with regulations issued by the ,secretary in effect as of the date of such decision4 7#c7 ,the misinterpretation or misapplication of an unambiguous regulation1 regardless of whether such decision otherwise complies with the regulations described in paragraph 7#b74 2 and 7#f7 by striking section #eaji;,b and inserting the following new section #eaji;,b3 #eaji;,b4 ,expedited treatment of returned and remanded claims 7a7 ,in general ,the ,secretary shall take such actions as may be necessary to provide for the expeditious treatment by the ,veterans ,benefits ,administration of any claim that is-- 7#a7 returned by a higher-level adjudicator under section #eajd;,b of this title2 or 7#b7 remanded by the ,board of ,veterans' ,appeals4 7b7 ,deadline 7#a7 ,except as provided in paragraph 7#b71 with respect to any claim described in subsection 7a71 the ,secretary shall take the actions under such subsection not later than #ij days after the date on which-- 7,a7 a higher-level adjudicator returned such claim2 or 7,b7 the ,board of ,veterans' ,appeals remanded such claim4 7#b7 ,the ,board of may1 upon motion of the claimant1 extend the deadline under paragraph 7#a7 if the ,board determines there is good cause for such extension4 4 7b7 ,attorney fees for filing of notice of intent ,to appeal certain decisions ,section #eijd7;c7 of title #ch1 ,united ,states ,code is amended-- 7#a7 in paragraph 7#d7-- 7,a7 by striking the enumerator and inserting 7#d77;,a72 and 7,b7 by striking under this paragraph and inserting under this subparagraph2 and 7#b7 by adding at the end1 the following new subparagraph3 7,b7 ,a reasonable fee1 not to exceed the lesser of #bjj or #bj percent of the initial payment from the claimant to the attorney1 may be charged or paid in connection with the filing of a notice of intent to appeal a decision by the ,secretary under section #eaa of this title affecting the provision of benefits to a claimant4 4 7c7 ,appointment of administrative law judges2 performance reviews2 scheduling conferences ,chapter #ga of title #ch1 ,united ,states ,code1 is amended as follows3 7#a7 ,in section #gaja-- 7,a7 in subsection 7c77#a7-- 7i7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,the ,chairman may from time to time designate a retired officer of the ,armed ,forces who previously served as a military judge 7as defined in section #hja of title #aj 7article #a of the ,uniform ,code of ,military ,justice77 to serve as an acting member of the ,board4 ,except as provided in subparagraph 7,b71 any such designation shall be for a period not to exceed #ahj days1 as determined by the ,chairman4 2 and 7ii7 by adding at the end the following new subparagraph3 7,e7 ,an individual designated pursuant to subparagraph 7,a7 shall complete a program of training with respect to the laws administered by the ,secretary that the ,secretary determines appropriate4 2 and 7,b7 in subsection 7d7-- 7i7 in subparagraph 7,f71 by striking 2 and and inserting a semicolon2 7ii7 by redesignating subparagraph 7,g7 as subparagraph 7,h72 and 7iii7 by inserting after subparagraph 7,f71 the following new subparagraph3 7,g7 the number of decisions of the ,board remanded or returned to the ,board1 disaggregated by the ,board member who issued the final decision so remanded or returned2 and 4 7#b7 ,in section #gaja;,a-- 7,a7 in subsection 7a77#b71 by striking shall be and all that follows through the end of the paragraph and inserting shall be-- 7,a7 an administrative law judge appointed under section #caje of title #e2 and 7,b7 a member in good standing of the bar of a ,state4 2 and 7,b7 in subsection 7c77#a7-- 7i7 in subparagraph 7,b71 by striking ,not less than one year after the job performance standards under subsection 7f7 are initially established1 and not less often than once every three years thereafter and inserting ,under the conditions described in subparagraph 7,c72 and 7ii7 by adding at the end the following new subparagraph3 7,c7 ,the performance review panel shall review the job performance of a member of the ,board-- 7i7 not less than one year after the job performance standards under subsection 7f7 are initially established2 7ii7 not less often than once every three years after such standards are established2 and 7iii7 when1 during any #ab-month-period1 the ,court of ,appeals for ,veterans ,claims or a higher authority remands to the ,board more than #fj percent of the decisions issued by such member4 4 7#c7 ,in section #gajb-- 7,a7 by redesignating subsection 7c7 as subsection 7d72 and 7,b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,in the case of a decision of the ,board that is remanded to the ,board by the ,court of ,appeals for ,veterans ,claims or a higher authority1 any subsequent proceeding associated with the decision so remanded may not be assigned to the member of the ,board who issued such decision4 4 7#d7 ,in section #gaje-- 7,a7 in the heading1 by inserting 2 scheduling conferences after ,filing of appeal2 7,b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7,c7 by inserting after subsection 7b7 the following new subsection3 7c7 7#a7 ,not later than #ij days after a veteran files a notice of disagreement under subsection 7a71 the ,board of ,veterans ,appeals shall hold1 by picture and voice transmission1 a conference with such veteran and the representative of such veteran1 if any1 to schedule such hearing4 7#b7 ,during the conference under paragraph 7#a71 the ,board shall-- 7,a7 provide the veteran-- 7i7 not fewer than #cj days for such veteran to request a hearing2 7ii7 not fewer than #cj days to secure counsel for such hearing2 7iii7 not fewer than #fj days for such veteran to submit to the ,board the specific determinations or findings of the ,board with which the claimant disagrees2 7iv7 not fewer than #abj days for such veteran to submit evidence relating to the determinations described in clause 7iii72 7v7 information relating to the rules governing an appeal under this chapter2 and 7vi7 contact information for a representative of the ,board1 including an electronic mail address2 and 7,b7 schedule a tentative date for such hearing4 7#c7 ,the ,secretary may1 upon motion of the veteran1 extend the deadlines described in clauses 7i7 through 7iv7 of subparagraph 7,a7 for good cause1 including the failure of the ,secretary to provide requested relevant or material information4 4 7#e7 ,in section #gajg-- 7,a7 in subsection 7a7-- 7i7 by striking two separate dockets each place it appears and inserting one docket2 and 7ii7 in paragraph 7#c7-- 7,i7 by striking 7,a72 7,,ii7 by striking 1 except that cases and all that follows through are assigned2 and 7,,iii7 by striking subparagraph 7,b72 and 7,b7 in subsection 7e71 by inserting 1 if applicable before the period at the end2 and 7,c7 by adding at the end the following new subsection3 7f7 ,hearing transcripts ,the ,board1 upon the request of the veteran and at no cost to such veteran1 provide such veteran with a copy of the transcript of the hearing and a digital recording of any picture and voice transmission considered during such hearing4 4 7#f7 ,in section #gaaa1 by adding at the end the following new subsection3 7g7 ,in this section1 the term clear and unmistakable error includes1 with respect to a decision of the ,board1 any of the following3 7#a7 ,any error of law1 fact1 or application of law to fact-- 7,a7 that is manifest on the face of such decision2 and 7,b7 affected the outcome of such decision4 7#b7 ,the misinterpretation or misapplication of a statute1 regardless of whether such decision otherwise complies with regulations issued by the ,secretary in effect as of the date of such decision4 7#c7 ,the misinterpretation or misapplication of an unambiguous regulation1 regardless of whether such decision otherwise complies with the regulations described in paragraph 7#b74 2 7#g7 ,by adding at the end the following new section 7and conforming the table of chapters at the beginning of such chapter accordingly73 #gaad4 ,program to establish electronic case management and filing system 7a7 ,in general ,the ,secretary shall establish an electronic filing and case management system for the purposes of processing appeals under this chapter4 7b7 ,elements ,the system required by subsection 7a7 shall include-- 7#a7 an internet database of documents relating to appeals under this chapter2 7#b7 subject to subsection 7d71 a mechanism by which attorneys approved by the ,office of the ,general ,counsel of the ,department to represent a veteran before the ,board of ,veterans ,appeals may access such internet database to an extent the ,secretary determines appropriate2 and 7#c7 a mechanism by which a veteran1 or the attorney or representative of a veteran1 can submit to the ,board of ,veterans ,appeals documents relating to an appeal under this chapter1 in portable document format or other commercially available format1 through such internet database4 7c7 ,training ,not later than one year after the date on which the ,secretary establishes the program required by subsection 7a71 the ,secretary shall make available to attorneys described in subsection 7b77#b7 training on such program4 7d7 ,certification of good standing ,as a condition of access to the internet database described in subsection 7b77#b71 the ,secretary may require an attorney to provide to the ,secretary a certificate of good standing from a ,state court or ,federal district court4 7e7 ,required consideration ,in carrying out subsection 7a71 the ,secretary shall consider the case management_/electronic filing system 7,,cm_/,,ecf7 administered by ,united ,states ,district ,courts4 4 7d7 ,disclosure of certain medical records ,section #gccb7;b77#b7 of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subparagraphs3 7,j7 ,to the patient1 and the attorney of such patient1 if any1 for the purposes of using such record in connection with an appeal under chapter #ga of this title4 7,k7 ,to the ,court of ,appeals for ,veterans ,claims1 for purposes of filing an appeal under chapter #gb of this title4 4 7e7 ,deadline for certain mechanism ,the ,secretary of ,veterans ,affairs shall establish the mechanism described in paragraph 7#c7 of subsection 7b7 of section #gaab of title #ch1 ,united ,states ,code1 as added by subsection 7c77#g71 by not later than #ahj after the date of the enactment of this ,act4 #c4 ,expansion of jurisdiction of ,united ,states ,court of ,appeals for ,veterans ,claims and ,united ,states ,court of ,appeals for the ,federal ,circuit 7a7 ,united ,states ,court of ,appeals for ,veterans ,claims 7#a7 ,expansion ,section #ejb of title #ch1 ,united ,states ,code1 is amended by striking the ,federal ,circuit and inserting ,veterans ,claims4 7#b7 ,scope of review of certain claims ,section #gbfa of such title is amended-- 7,a7 in paragraph 7#d7 of subsection 7a71 by striking clearly erroneous and inserting arbitrary and capricious2 7,b7 by striking subsection 7c72 7,c7 by redesignating subsection 7d7 as subsection 7c72 and 7,d7 in subsection 7c7 7as so redesignated71 by striking shall review only questions raised as to compliance with and the validity of the regulation and inserting shall review such decision and the accompanying findings of fact by trial de novo4 7b7 ,united ,states ,court of ,appeals for the ,federal ,circuit 7#a7 ,expansion ,section #abie7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#ac71 by striking 2 and2 7,b7 in paragraph 7#ad71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#ae7 of an appeal from a final decision of the ,united ,states ,court of ,appeals for ,veterans ,claims4 4 7#b7 ,repeal of certain provision ,section #gbib of title #ch1 ,united ,states ,code1 is repealed4 7#c7 ,conforming amendments ,section #gbeb of such title is amended by striking subsection 7c74