[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2753 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2753
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to provide the representative of record of a claimant
for compensation or benefits administered by the Secretary an
opportunity to review a proposed determination regarding that claim.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2021
Mr. Allred (for himself and Mr. Rodney Davis of Illinois) introduced
the following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to require the Secretary of
Veterans Affairs to provide the representative of record of a claimant
for compensation or benefits administered by the Secretary an
opportunity to review a proposed determination regarding that claim.
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 Claim Transparency Act of
2021''.
SEC. 2. OPPORTUNITY FOR REPRESENTATIVE OF RECORD TO REVIEW A PROPOSED
DETERMINATION REGARDING A CLAIM FOR COMPENSATION OR
BENEFITS ADMINISTERED BY THE SECRETARY OF VETERANS
AFFAIRS.
(a) In General.--Chapter 59 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 5906. Opportunity for representative of record to review a
proposed determination regarding a claim for compensation
or benefits
``(a) In General.--In each claim for compensation or benefits under
this title in which the claimant has designated a representative of
record, the Secretary shall provide that representative of record an
opportunity to review the proposed determination of the Secretary
before it becomes final.
``(b) Representative of Record.--For purposes of this section, a
representative of record of a claimant may be--
``(1) a representative of the claimant recognized under
section 5902 of this title; or
``(2) an agent or attorney of the claimant recognized under
section 5904 of this title.
``(c) Notice.--The Secretary shall submit notification in writing
to a representative of record that a proposed determination is ready
for review under subsection (a).
``(d) Period for Review.--Each opportunity to review a proposed
determination under subsection (a) for a representative of record of a
claimant shall be for a period--
``(1) beginning at the moment the representative receives
notification under subsection (b); and
``(2) ending on the earlier of--
``(A) the moment that the claimant or the
representative of record indicates to the Secretary
that the claimant does not dispute the proposed
determination; or
``(B) the moment that is 48 hours after the moment
described in paragraph (1).
``(e) Limitation.--The Secretary may not make a proposed
determination, subject to a period of review under this section, final
until after the period under subsection (d).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 59 of such title is amended by inserting after the item
relating to section 5905 the following new item:
``5906. Opportunity for representative of record to review a proposed
determination regarding a claim for
compensation or benefits.''.
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