,,ii  #aaith ,,congress  #ast ,session  
,s4 #aiib  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #i1      
#bjbe,mr4 ,banks 7for himself and ,mr4  
,blumenthal7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,veterans' ,affairs
  ,a ,,bill  ,to amend title #ch1       
,united ,states ,code1 to improve the   
efficiency of adjudications and appeals 
of claims for benefits under laws       
administered by ,secretary of ,veterans 
,affairs1 and for other purposes4  #a4  
,short title ,this ,act may be cited as 
the ,veterans ,appeals ,efficiency ,act 
of #bjbe4  #b4 ,improvements to         
efficiency of adjudications and appeals 
of claims for benefits under laws       
administered by ,secretary of ,veterans 
,affairs  7a7 ,annual report on length  
of adjudications  7#a7 ,in general      
,section #eaji;,b of title #ch1 ,united 
,states ,code1 is amended-- 7,a7 by     
striking ,the ,secretary and inserting  
7a7 ,in general4--,the ,secretary2 and  

7,b7 by adding at the end the following 
new subsection3  7b7 ,annual report ,not
 less frequently than annually1 the     
,secretary shall submit to the          
,committee on ,veterans' ,affairs of the
 ,senate and the ,committee on          
,veterans' ,affairs of the ,house of    
,representatives an annual report that  
includes1 with respect to the period    
covered by the report-- 7#a7 the average
 length of time a claim 7or an issue    
within a claim7 that was remanded by the
 ,board of ,veterans' ,appeals was or   
has been pending before the ,secretary  
after such remand2  7#b7 the number of  
cases that advanced on the docket by    
reason of a motion that was filed under 
#gajg7;b7 of this title and on which the
 ,board ruled1 disaggregated by-- 7,a7  
whether a motion was granted or denied2 
and  7,b7 the reason provided for the   
motion2 and  7#c7 the number of appeals 
dismissed by the ,board1 disaggregated  
by-- 7,a7 whether or not the dismissal  
was by reason of the death of the       

appellant2 and  7,b7 in the case of a   
dismissal by reason of the death of the 
appellant1 whether or not such death was
 a result of suicide4  4  7#b7 ,deadline
 ,the ,secretary of ,veterans ,affairs  
shall submit the first report required  
by subsection 7b7 of section #eaji;,b of
 such title 7as added by paragraph 7#a77
 by not later than one year after the   
date of the enactment of this ,act4  7b7
 ,guidelines for advancement of cases on
 docket of ,board ,not later than one   
year after the date of the enactment of 
this ,act1 the ,secretary of ,veterans  
,affairs1 in consultation with the      
,board of ,veterans' ,appeals and the   
,general ,counsel of the ,department of 
,veterans ,affairs1 shall prescribe     
guidelines for the advancement of a case
 on the docket of the ,board on a motion
 for earlier consideration and          
determination under section             
#gajg7;b77#c7 of title #ch1 ,united     
,states ,code4 ,such guidelines shall   
include the type of evidence that may be

 submitted with the motion for the      
advancement of the case to show grounds 
for such a motion4  7c7 ,requirement ,to
 track certain claims for benefits  7#a7
 ,in general ,chapter #ea of title #ch1 
,united ,states ,code1 is amended by    
inserting after section #eaji;,b the    
following new section3  #eaji;,c4       
,requirement to track and maintain      
information on certain claims for       
benefits2 notice of certain assignments 
7a7 ,in general ,the ,secretary shall   
use technology to track and maintain    
information 7including information with 
respect to timeliness7 on-- 7#a7 claims 
for benefits under the laws administered
 by the ,secretary 7including issues    
within such claims7 that are-- 7,a7     
continuously pursued in accordance      
with-- 7i7 sections #eajd;,c7a7 and     
#eaaj7;a77#b7 of this title2 or  7ii7   
any other policy established by the     
,secretary2  7,b7 filed in the ,national
 ,work ,queue 7or any successor system7 
but have not been assigned to an office 

of the ,veterans ,benefits              
,administration for adjudication2  7,c7 
afforded expeditious treatment by the   
,veterans ,benefits ,administration     
pursuant to section #eaji;,b of this    
title or any other policy established by
 the ,secretary2  7,d7 remanded by the  
,board of ,veterans' ,appeals to the    
,secretary pursuant to section #gajd of 
this title2 or  7,e7 pending a hearing  
by the ,board of ,veterans' ,appeals    
under section #gajg of this title2  7#b7
 instances in which an adjudicator of   
the ,veterans ,benefits ,administration 
does not comply with a relevant decision
 of the ,board of ,veterans' ,appeals to
 remand a claim for benefits under the  
laws administered by the ,secretary 7or 
an issue within such a claim71 including
 any such instance in which the relevant
 decision concerned a failure on the    
part of the agency of original          
jurisdiction to satisfy the duty of the 
,secretary to assist under section      
#eajc;,a of this title2  7#c7           

supplemental claims under section #eajh 
of this title that are filed-- 7,a7 in  
accordance with section #eajd;,c7a7 and 
section #eaaj7;a77#b7 of this title2 and
  7,b7 after the date of the applicable 
final decision of the ,secretary with   
respect to a claim for benefits under   
the laws administered by the ,secretary 
7or an issue within such a claim72  7#d7
 first notices submitted to the         
,secretary of the death of individuals  
in receipt of benefits under the laws   
administered by the ,secretary1         
disaggregated by such individuals who   
were-- 7,a7 assigned a fiduciary2 and   
7,b7 not assigned a fiduciary4  7b7     
,annual report  7#a7 ,not less          
frequently than annually1 the ,secretary
 shall submit to the ,committee on      
,veterans' ,affairs of the ,senate and  
the ,committee on ,veterans' ,affairs of
 the ,house of ,representatives an      
annual report that includes all         
information maintained and tracked      
pursuant to subsection 7a74  7#b7 ,the  

first report required by paragraph 7#a7 
shall be submitted by not later than one
 year after the date of the enactment of
 the ,veterans ,appeals ,efficiency ,act
 of #bjbe4  4  7#b7 ,clerical amendment 
,the table of sections at the beginning 
of such chapter is amended by inserting 
after the item relating to section      
#eaji;,b the following new item3  ,sec4 
#eaji;,c4 ,requirement to track and     
maintain information on certain claims  
for benefits2 notice of certain         
assignments4  4  7d7 ,improvements to   
,board of ,veterans' ,appeals  7#a7     
,authority to aggregate certain claims  
7,a7 ,in general ,section #gajd7;a7 of  
such title is amended by inserting after
 the second sentence the following new  
sentence3 ,if the ,chairman of the      
,board determines that more than one    
appeal involves common questions of law 
or fact1 the ,chairman may aggregate    
such appeals to decide such questions of
 law or fact44  7,b7 ,effective date    
,the amendment made by subparagraph 7,a7

 shall take effect on the date of the   
enactment of this ,act and apply        
beginning on the date on which the      
,secretary of ,veterans ,affairs        
completes the development of the        
policies and procedures required under  
subsection 7g77#d77;,a77ii74  7#b7      
,requirement to ensure substantial      
compliance with certain decisions ,such 
section is further amended-- 7,a7 by    
redesignating subsection 7f7 as         
subsection 7g72 and  7,b7 by inserting  
after subsection 7e7 the following new  
subsection 7f73  7f7 7#a7 ,the          
,secretary1 acting through a member of  
the ,board1 shall ensure substantial    
compliance with any decision of the     
,board to remand a claim4  7#b7 ,the    
agency of original adjudication may     
waive the requirement under paragraph   
7#a7 with respect to a decision of the  
,board to remand a claim to the         
,secretary1 if a member of the ,board   
determines-- 7,a7 evidence added to the 
evidentiary record after the date of    

such decision is sufficient to resolve  
the issues underlying such decision2 or 
7,b7 such decision was unnecessary4     
7#c7 ,if the ,secretary waives such     
requirement1 the applicable member of   
the ,board shall include1 pursuant to   
subsection 7d71 a determination of such 
waiver in the decision of the ,board4  4
  7#c7 ,definition of aggregate2 report 
,such section is further amended by     
adding at the end the following new     
subsections3  7h7 ,not later than five  
years after the date of the enactment of
 the ,veterans ,appeals ,efficiency ,act
 of #bjbe1 and not less frequently than 
once every five years thereafter1 the   
,secretary shall submit to the          
,committee on ,veterans' ,affairs of the
 ,senate and the ,committee on          
,veterans' ,affairs of the ,house of    
,representatives a report on the        
aggregation of claims by the ,board     
under subsection 7a74 ,each such report 
shall include-- 7#a7 an identification  
of each instance in which the ,board    

aggregated appeals during the period    
covered by the report1 including1 for   
each such instance1 the number of       
appeals that were aggregated2  7#b7 an  
assessment of whether the aggregation of
 appeals has contributed to improved    
efficiency at the ,board with issuing   
decisions on appeals2 and  7#c7 such    
other matters as the ,secretary         
determines appropriate4  7i7 ,in this   
section1 the term aggregate-- 7#a7 means
 any practice or procedure to collect   
common issues1 claims1 or appeals by    
multiple parties for the purposes of    
resolving such issues1 claims1 or       
appeals2 and  7#b7 includes the use of  
joinder1 consolidation1 intervention1   
class actions1 and any other multiparty 
proceedings4  4  7e7 ,expansion of      
jurisdiction of ,court of ,appeals for  
,veterans ,claims ,section #gbeb of     
title #ch1 ,united ,states ,code1 is    
amended-- 7#a7 by redesignating         
subsections 7b7 and 7c7 as subsections  
7d7 and 7e71 respectively2 and  7#b7 by 

inserting after subsection 7a7 the      
following new subsections3  7b7 7#a7    
7,a7 ,in a covered proceeding in which  
the appellant or petitioner files a     
request for class certification pursuant
 to the rules prescribed by the ,court  
pursuant to section #gbfd of this title1
 the ,court shall have supplemental     
jurisdiction over any claim for benefits
 under the laws administered by the     
,secretary-- 7i7 that satisfies the     
definition of the class contained in the
 request for class certification2 and   
7ii7 for which the agency of original   
jurisdiction has issued a nonfinal      
decision and the claimant has filed a   
notice of disagreement under section    
#eajd;,c7a7 or section #gaje of this    
title1 including any case in which a    
claimant has filed a supplemental claim 
within one year of a ,board decision    
under section #eaaj7;a77#b77;,d7 and    
#eajh of this title following a notice  
of disagreement and decision of the     
,board4  7,b7 ,for purposes of          

subparagraph 7,a71 a covered proceeding 
means-- 7i7 an appeal over which the    
,court has jurisdiction pursuant to     
section #gbff of this title2 or  7ii7 a 
request for a writ over which the ,court
 has jurisdiction4  7#b7 ,a claimant who
 has not opted out of an opportunity to 
be a member of a class action may submit
 a request for administrative review of 
such a claim under section #eajd;,c7a7  
of this title during the period         
beginning on the date on which the named
 claimant of the motion for class action
 review submits to the ,court a motion  
for class action review and ending on   
the date that is #fj days after the     
later of the following dates3 7,a7 ,the 
date on which the ,court issues a final 
decision with respect to such claim4    
7,b7 ,the date on which the ,court      
issues a final decision with respect to 
such motion for class action review4    
7#c7 ,in the case of a claimant who has 
not opted out of an opportunity to be a 
member of a class action and whose claim

 is decided by the ,board during the    
period when the ,court is reviewing the 
motion for class action review the      
deadline for such claimant to file an   
appeal to the ,court with respect to the
 decision of the ,board shall be tolled 
if the ,court denies the motion for     
class action review4  7c7 7#a7 ,in the  
case of a claim for benefits under the  
laws administered by the ,secretary1 the
 ,court may remand a matter to the      
,board of ,veterans' ,appeals for the   
limited purpose of ordering the ,board  
to address a question of law or fact if 
the ,court determines the ,board        
failed-- 7,a7 to address1 in the        
relevant decision of the ,board1 an     
issue that-- 7i7 the claimant or the    
representative of the claimant raised2  
or  7ii7 was reasonably raised by the   
evidentiary record of the claim2 or     
7,b7 to provide adequate reasons or     
bases for the decision of the ,board    
with respect to such question4  7#b7    
,the ,court shall issue ,rules that     

provide for each of the following3 7,a7 
,when and how a party to an appeal      
7either the appellant or the ,secretary7
 may request that the ,court issue a    
limited remand4  7,b7 ,the period within
 which the ,board is required issue a   
decision on the relevant question       
identified in a limited remand4  7,c7   
,guidelines for when the ,court may     
grant a request for a limited remand4   
7,d7 ,guidelines for when the ,court may
 decide sua sponte to issue a limited   
remand without a request from any party4
  7,e7 ,a requirement that the parties  
to an appeal for which a limited remand 
is issued provide notice to the ,court  
when the ,board issues its decision on  
the relevant question identified in the 
limited remand4  7#c7 ,with respect to  
any matter remanded to the ,board       
pursuant to paragraph 7#a71 the ,court  
shall-- 7,a7 retain jurisdiction over   
such matter2 and  7,b7 stay the         
proceedings of the ,court on such matter
 until the date on which the ,board     

issues the decision required by such    
remand4  4  7f7 ,study and report on    
common questions of law or fact before  
,board of ,veterans' ,appeals  7#a7     
,study ,the ,chairman of the ,board of  
,veterans' ,appeals shall carry out a   
study to identify questions of law or   
fact the ,board commonly considers when 
reviewing appeals pursuant to section   
#gajd of title #ch1 ,united ,states     
,code1 for which precedential guidance  
would assist the ,board in issuing final
 decisions on such appeals4 ,the        
,chairman may use artificial            
intelligence and other technology in    
carrying out such study4  7#b7 ,report  
,not later than one year after the date 
of the enactment of this ,act1 the      
,chairman of the ,board of ,veterans    
,appeals shall submit to the ,committees
 on ,veterans ,affairs of the ,house of 
,representatives and the ,senate a      
report that includes the findings of the
 study required by paragraph 7#a74  7g7 
,independent assessment of potential    

modifications to authority of ,board of 
,veterans' ,appeals  7#a7 ,agreement    
,not later than #cj days after the date 
of the enactment of this ,act1 the      
,secretary of ,veterans ,affairs shall  
seek to enter into an agreement with a  
federally funded research and           
development center under which the      
center shall conduct an assessment of   
the feasibility of modifying the        
authority of the ,board of ,veterans'   
,appeals established under chapter #ga  
of title #ch1 ,united ,states ,code1 to 
permit the ,board to issue precedential 
decisions with respect to questions of  
law or fact arising in matters before   
the ,board4  7#b7 ,report2 briefings ,if
 the ,secretary fails to finalize an    
agreement with a federally funded       
research and development center under   
paragraph 7#a7 before the date that is  
#ahj days after the date on which the   
,secretary enters negotiations with     
respect to such agreement1 the          
,secretary shall-- 7,a7 submit to the   

,committees on ,veterans' ,affairs of   
the ,house of ,representatives and the  
,senate a report that includes-- 7i7 an 
explanation of the reasons the          
,secretary failed to satisfy such       
requirement2 and  7ii7 an estimate of   
the date on which the ,secretary will   
finalize the agreement under paragraph  
7#a72 and  7,b7 not less frequently than
 once every #fj days after the date on  
which the ,secretary failed to satisfy  
such requirement1 provide to the        
,committee on ,veterans' ,affairs of the
 ,senate and the ,committee on          
,veterans' ,affairs of the ,house of    
,representatives a briefing on the      
progress of the ,secretary toward       
finalizing such agreement4  7#c7        
,assessment ,a federally funded research
 and development center that enters into
 an agreement under subsection 7a7      
shall1 in consultation with veterans    
service organizations1 veterans' and    
survivors' advocate groups1 relevant    
legal experts1 and the ,chair of the    

,administrative ,conference of the      
,united ,states 7or the designee or     
designees of such ,chair7 submit to the 
,secretary a written assessment that    
includes the following3 7,a7 ,the       
determination of the center of whether  
modifying the authority of the ,board to
 permit the ,board to issue precedential
 decisions with respect to questions of 
law or fact arising in matters before   
the ,board is feasible4  7,b7 ,an       
assessment of the authority of the      
,board of ,veterans' ,appeals to        
aggregate1 for review1 more than one    
appeal under chapter #ga of such title  
that involves common questions of law or
 fact pursuant to section #gajd of such 
title1 as amended by subsection 7d77#a74
  7,c7 ,the recommendations of the      
center with respect to rules or         
principles to which the ,board should   
adhere when aggregating appeals for     
review pursuant to section #gajd7;a7 of 
title #ch1 ,united ,states ,code1 as so 
amended4  7#d7 ,report2 implementation  

7,a7 ,in general ,not later than #ij    
days after the ,secretary receives the  
assessment under subsection 7b71 the    
,secretary shall-- 7i7 submit to the    
,committee on ,veterans' ,affairs of the
 ,senate and the ,committee on          
,veterans' ,affairs of the ,house of    
,representatives a copy of such         
assessment2 and  7ii7 begin developing  
policies and procedures to implement the
 recommendations in the assessment with 
respect to the authority of the ,board  
of ,veterans' ,appeals referred to in   
paragraph 7#b77;,b74  7,b7 ,deadline    
,the ,secretary shall complete the      
development of the policies and         
procedures required under subparagraph  
7,a77ii7 by not later than six months   
after the date on which the ,secretary  
begins developing such policies and     
procedures4  7#e7 ,definition of        
veterans service organization ,in this  
subsection1 the term veterans service   
organization means an organization      
recognized by the ,secretary for the    

representation of veterans under section
 #eijb of title #ch1 ,united ,states    
,code4