119-hr3835

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3835 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3835

 To amend title 38, United States Code, to improve the efficiency of 
 adjudications and appeals of claims for benefits under laws 
 administered by Secretary of Veterans Affairs, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 9, 2025

 Mr. Bost (for himself, Mr. Takano, Mr. Valadao, Mr. Bilirakis, Mr. 
James, Mr. Bacon, and Mr. Lawler) introduced the following bill; which 
 was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

 A BILL

 To amend title 38, United States Code, to improve the efficiency of 
 adjudications and appeals of claims for benefits under laws 
 administered by Secretary of Veterans Affairs, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Veterans Appeals Efficiency Act of 
2025''.

SEC. 2. IMPROVEMENTS TO EFFICIENCY OF ADJUDICATIONS AND APPEALS OF 
 CLAIMS FOR BENEFITS UNDER LAWS ADMINISTERED BY SECRETARY 
 OF VETERANS AFFAIRS.

    (a) Annual Report on Length of Adjudications.--

    (1) In general.--

Section 5109B of title 38, United States 
 Code, is amended--
        (A) by striking ``The Secretary'' and inserting 
 ``

    (a) In General.--The Secretary''; and
        (B) by adding at the end the following new 
 subsection:
 ``

    (b) Annual Report.--The Secretary shall submit to the Committees 
on Veterans' Affairs of the House of Representatives and the Senate an 
annual report that includes, with respect to the period covered by the 
report--
 ``

    (1) the average length of time a claim (or an issue 
 within a claim) that was remanded by the Board of Veterans' 
 Appeals was or has been pending before the Secretary after such 
 remand;
 ``

    (2) the number of cases that advanced on the docket by 
 reason of a motion that was filed under 7107

    (b) of this title 
 and on which the Board ruled, disaggregated by--
 ``
        (A) whether a motion was granted or denied; and
 ``
        (B) the reason provided for the motion; and
 ``

    (3) the number of appeals dismissed by the Board, 
 disaggregated by--
 ``
        (A) whether or not the dismissal was by reason of 
 the death of the appellant; and
 ``
        (B) in the case of a dismissal by reason of the 
 death of the appellant, whether or not such death was a 
 result of suicide.''.

    (2) Deadline.--The Secretary of Veterans Affairs shall 
 submit the first report required by subsection

    (b) of 

section 5109B of such title (as added by paragraph

    (1) ) by not later 
 than one year after the date of the enactment of this Act.

    (b) Guidelines for Advancement of Cases on Docket of Board.--Not 
later than one year after the date of the enactment of this Act, the 
Secretary of Veterans Affairs, in consultation with the Board of 
Veterans' Appeals and the General Counsel of the Department of Veterans 
Affairs, 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 7107

    (b)

    (3) of title 38, United States Code. 
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 motion.
            (c) Requirement To Track Certain Claims for Benefits.--

    (1) In general.--Chapter 51 of title 38, United States 
 Code, is amended by inserting after 

section 5109B the following 
 new section:
``

Sec. 5109C. Requirement to track and maintain information on certain 
 claims for benefits; notice of certain assignments
 ``

    (a) In General.--The Secretary shall use technology to track and 
maintain information (including information with respect to timeliness) 
on--
 ``

    (1) claims for benefits under the laws administered by 
 the Secretary (including issues within such claims) that are--
 ``
        (A) continuously pursued in accordance with--
 ``
            (i) sections 5104C

    (a) and 5110

    (a)

    (2) of 
 this title; or
 ``
            (ii) any other policy established by the 
 Secretary;
 ``
        (B) filed in the National Work Queue (or any 
 successor system) but have not been assigned to an 
 office of the Veterans Benefits Administration for 
 adjudication;
 ``
            (C) afforded expeditious treatment by the 
 Veterans Benefits Administration pursuant to 

section 5109B of this title or any other policy established by 
 the Secretary;
 ``
            (D) remanded by the Board of Veterans' Appeals to 
 the Secretary pursuant to 

section 7104 of this title; 
 or
 ``
        (E) pending a hearing by the Board of Veterans' 
 Appeals under 

section 7107 of this title;
 ``

    (2) 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 (or 
 an issue within such a claim), 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 5103A of this title;
 ``

    (3) supplemental claims under 

section 5108 of this title 
 that are filed--
 ``
        (A) in accordance with 

section 5104C

    (a) and 
 

section 5110

    (a)

    (2) of this title; and
 ``
        (B) 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 
 (or an issue within such a claim);
 ``

    (4) first notices submitted to the Secretary of the death 
 of individuals in receipt of benefits under the laws 
 administered by the Secretary, disaggregated by such 
 individuals who were--
 ``
        (A) assigned a fiduciary; and
 ``
        (B) not assigned a fiduciary.
 ``

    (b) Annual Report.--

    (1) The Secretary shall submit to the 
Committees on Veterans' Affairs of the House of Representatives and the 
Senate an annual report that includes all information maintained and 
tracked pursuant to subsection

    (a) .
 ``

    (2) The first report required by paragraph

    (1) shall be submitted 
by not later than one year after the date of the enactment of the 
Veterans Appeals Efficiency Act of 2025.''.

    (2) Clerical amendment.--The table of sections at the 
 beginning of such chapter is amended by inserting after the 
 item relating to 

section 5109B the following new item:

``

Sec. 5109C. Requirement to track and maintain information on certain 
 claims for benefits; notice of certain 
 assignments.''.
            (d) Improvements to Board of Veterans' Appeals.--

    (1) Authority to aggregate certain claims.--
        (A) In general.--

Section 7104

    (a) of such title is 
 amended by inserting after the second sentence the 
 following new sentence: ``If the Chairman of the Board 
 determines that more than one appeal involves common 
 questions of law or fact, the Chairman may aggregate 
 such appeals to decide such questions of law or 
 fact.''.
        (B) Effective date.--The amendment made by 
 subparagraph
        (A) 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

    (g)

    (4)
        (A)
            (ii) .

    (2) Requirement to ensure substantial compliance with 
 certain decisions.--Such section is further amended--
        (A) by redesignating subsection

    (f) as subsection

    (g) ; and
        (B) by inserting after subsection

    (e) the following 
 new subsection

    (f) :
 ``

    (f)

    (1) The Secretary, acting through a member of the Board, shall 
ensure substantial compliance with any decision of the Board to remand 
a claim.
 ``

    (2) The agency of original adjudication may waive the requirement 
under paragraph

    (1) with respect to a decision of the Board to remand a 
claim to the Secretary, if a member of the Board determines--
 ``
        (A) evidence added to the evidentiary record after the 
 date of such decision is sufficient to resolve the issues 
 underlying such decision; or
 ``
        (B) such decision was unnecessary.
 ``

    (3) If the Secretary waives such requirement, the applicable 
member of the Board shall include, pursuant to subsection
            (d) , a 
determination of such waiver in the decision of the Board.''.

    (3) Definition of aggregate; report.--Such section is 
 further amended by adding at the end the following new 
 subsections:
 ``

    (h) Not later than five years after the date of the enactment of 
the Veterans Appeals Efficiency Act of 2025, and every five years 
thereafter, the Secretary shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives a report on the 
aggregation of claims by the Board under subsection

    (a) . Each such 
report shall include--
 ``

    (1) an identification of each instance in which the Board 
 aggregated appeals during the period covered by the report, 
 including, for each such instance, the number of appeals that 
 were aggregated;
 ``

    (2) an assessment of whether the aggregation of appeals 
 has contributed to improved efficiency at the Board with 
 issuing decisions on appeals; and
 ``

    (3) such other matters as the Secretary determines 
 appropriate.
 ``
            (i) In this section, the term `aggregate'--
 ``

    (1) means any practice or procedure to collect common 
 issues, claims, or appeals by multiple parties for the purposes 
 of resolving such issues, claims, or appeals; and
 ``

    (2) includes the use of joinder, consolidation, 
 intervention, class actions, and any other multiparty 
 proceedings.''.

    (e) Expansion of Jurisdiction of Court of Appeals for Veterans 
Claims.--

Section 7252 of title 38, United States Code, is amended--

    (1) by redesignating subsections

    (b) and
            (c) as subsections
            (d) and

    (e) , respectively; and

    (2) by inserting after subsection

    (a) the following new 
 subsections:
 ``

    (b)

    (1)
        (A) 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 7264 of this title, 
the Court shall have supplemental jurisdiction over any claim for 
benefits under the laws administered by the Secretary--
 ``
            (i) that satisfies the definition of the class 
 contained in the request for class certification; and
 ``
            (ii) for which the agency of original 
 jurisdiction has issued a nonfinal decision and the 
 claimant has filed a notice of disagreement under 
 

section 5104C

    (a) or 

section 7105 of this title, 
 including any case in which a claimant has filed a 
 supplemental claim within one year of a Board decision 
 under 

section 5110

    (a)

    (2)
            (D) and 5108 of this title 
 following a notice of disagreement and decision of the 
 Board.
 ``
        (B) For purposes of subparagraph
        (A) , a covered proceeding 
means--
 ``
            (i) an appeal over which the Court has jurisdiction 
 pursuant to 

section 7266 of this title; or
 ``
            (ii) a request for a writ over which the Court has 
 jurisdiction.
 ``

    (2) 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 5104C

    (a) 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 60 days after the later of the 
following dates:
 ``
        (A) The date on which the Court issues a final decision 
 with respect to such claim.
 ``
        (B) The date on which the Court issues a final decision 
 with respect to such motion for class action review.
 ``

    (3) 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 review.
 ``
            (c) (1) In the case of a claim for benefits under the laws 
administered by the Secretary, 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 to--
 ``
        (A) address, in the relevant decision of the Board, an 
 issue that--
 ``
            (i) the claimant or the representative of the 
 claimant raised; or
 ``
            (ii) was reasonably raised by the evidentiary 
 record of the claim; or
 ``
        (B) provide adequate reasons or bases for the decision of 
 the Board with respect to such question.
 ``

    (2) The Court shall issue Rules that provide for each of the 
following:
 ``
        (A) When and how a party to an appeal (either the 
 appellant or the Secretary) may request that the Court issue a 
 limited remand.
 ``
        (B) The period of time within which the Board is required 
 issue a decision on the relevant question identified in a 
 limited remand.
 ``
            (C) Guidelines for when the Court may grant a request for 
 a limited remand.
 ``
            (D) Guidelines for when the Court may decide sua sponte 
 to issue a limited remand without a request from any party.
 ``
        (E) 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 remand.
 ``

    (3) With respect to any matter remanded to the Board pursuant to 
paragraph

    (1) , the Court shall--
 ``
        (A) retain jurisdiction over such matter; and
 ``
        (B) stay the proceedings of the Court on such matter 
 until the date on which the Board issues the decision required 
 by such remand.''.

    (f) Study and Report on Common Questions of Law or Fact Before 
Board of Veterans' Appeals.--

    (1) 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 7104 of title 38, United States Code, for which 
 precedential guidance would assist the Board in issuing final 
 decisions on such appeals. The Chairman may use artificial 
 intelligence and other technology in carrying out such study.

    (2) Report.--Not later than one year after the date of the 
 enactment of this Act, 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

    (1) .

    (g) Independent Assessment of Potential Modifications to Authority 
of Board of Veterans' Appeals.--

    (1) Agreement.--Not later than 30 days after the date of 
 the enactment of this Act, the Secretary of Veterans Affairs 
 shall seek to enter into an agreement with an FFRDC under which 
 the FFRDC shall conduct an assessment of the feasibility of 
 modifying the authority of the Board of Veterans' Appeals 
 established under chapter 71 of title 38, United States Code, 
 to permit the Board to issue precedential decisions with 
 respect to questions of law or fact arising in matters before 
 the Board.

    (2) Report; briefings.--If the Secretary fails to finalize 
 an agreement with an FFRDC under paragraph

    (1) before the date 
 that is 180 days after the date on which the Secretary enters 
 negotiations with respect to such agreement, the Secretary 
 shall--
        (A) submit to the Committees on Veterans' Affairs 
 of the House of Representatives and the Senate a report 
 that includes--
            (i) an explanation of the reasons the 
 Secretary failed to satisfy such requirement; 
 and
            (ii) an estimate of the date on which the 
 Secretary will finalize the agreement under 
 paragraph

    (1) ; and
        (B) not less frequently than once every 60 days 
 after the date on which the Secretary failed to satisfy 
 such requirement, provide to the Committees on 
 Veterans' Affairs of the House of Representatives and 
 the Senate a briefing on the progress of the Secretary 
 toward finalizing such agreement.

    (3) Assessment.--An FFRDC that enters into an agreement 
 under subsection

    (a) shall, in consultation with veterans 
 service organizations, veterans' and survivors' advocate 
 groups, relevant legal experts, and the Chair of the 
 Administrative Conference of the United States (or the designee 
 or designees of such Chair) submit to the Secretary a written 
 assessment that includes the following:
        (A) The determination of the FFRDC 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 feasible.
        (B) An assessment of the authority of the Board of 
 Veterans' Appeals to aggregate, for review, more than 
 one appeal under chapter 71 of such title that involves 
 common questions of law or fact pursuant to 

section 7104 of such title, as amended by subsection
            (d) (1) .
            (C) The recommendations of the FFRDC with respect 
 to rules or principles to which the Board should adhere 
 when aggregating appeals for review pursuant to 

section 7104

    (a) of title 38, United States Code, as so amended.

    (4) Report; implementation.--
        (A) In general.--Not later than 90 days after the 
 Secretary receives the assessment under subsection

    (b) , 
 the Secretary shall--
            (i) submit to the Committees on Veterans' 
 Affairs of the Senate and House of 
 Representatives a copy of such assessment; and
            (ii) 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

    (2)
        (B) .
        (B) Deadline.--The Secretary shall complete the 
 development of the policies and procedures required 
 under subparagraph
        (A)
            (ii) by not later than six months 
 after the date on which the Secretary begins developing 
 such policies and procedures.

    (5) === Definitions. ===
-In this subsection:
        (A) The term ``FFRDC'' means a federally funded 
 research and development center.
        (B) The term ``veterans service organization'' 
 means an organization recognized by the Secretary for 
 the representation of veterans under 

section 5902 of 
 title 38, United States Code.
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