[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5890 Reported in House (RH)]
<DOC>
Union Calendar No. 554
118th CONGRESS
2d Session
H. R. 5890
[Report No. 118-658]
To amend title 38, United States Code, to limit the authority of the
Secretary of Veterans Affairs to deny the claim of a veteran for
benefits under the laws administered by such Secretary on the sole
basis that such veteran failed to appear for a medical examination
associated with such claim.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 3, 2023
Mr. Luttrell introduced the following bill
October 25, 2023
Referred to the Committee on Veterans' Affairs
September 10, 2024
Additional sponsors: Ms. Stefanik, Mr. Posey, and Ms. Wild
September 10, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on October
3, 2023]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to limit the authority of the
Secretary of Veterans Affairs to deny the claim of a veteran for
benefits under the laws administered by such Secretary on the sole
basis that such veteran failed to appear for a medical examination
associated with such 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 ``Review Every Veterans Claim Act of
2023''.
SEC. 2. PROHIBITION ON DENIAL OF CLAIMS FOR BENEFITS UNDER LAWS
ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS ON SOLE
BASIS THAT VETERAN FAILED TO APPEAR FOR CERTAIN MEDICAL
EXAMINATION.
Subsection (d) of section 5103A of title 38, United States Code, is
amended--
(1) in the heading, by striking ``Compensation Claims'' and
inserting ``Claims for Benefits'';
(2) in paragraph (2), by striking ``treat an examination or
opinion as being necessary to make a decision on a claim for
purposes of'' and inserting ``provide for a medical examination
or obtain a medical opinion under''; and
(3) by adding at the end the following new paragraph:
``(3) If a veteran fails to appear for a medical examination
provided by the Secretary in conjunction with a claim for a benefit
under a law administered by the Secretary, the Secretary may not deny
such claim on the sole basis that such veteran failed to appear for
such medical examination.''.
SEC. 3. BOARD OF VETERANS' APPEALS: JURISDICTION; ELEMENTS OF
DECISIONS.
(a) Jurisdiction.--Section 7104 of title 38, United States Code, is
amended, in subsection (a)--
(1) by inserting ``(1)'' before ``All questions''; and
(2) by adding at the end the following new paragraphs:
``(2) The Board shall determine, in the first instance, whether the
Board has jurisdiction regarding a matter.
``(3) If the Board, on its own initiative, raises a question of a
potential jurisdictional defect, the Board shall notify the parties and
allow the parties an opportunity to respond.''.
(b) Elements of Decisions.--Subsection (d) of such section is
amended as follows:
(1) In paragraph (2)--
(A) in subparagraphs (A) and (B), by striking ``;
and'' both places it appears and inserting a semicolon;
(B) by redesignating subparagraph (B), as amended,
as subparagraph (C); and
(C) by inserting, after subparagraph (A), the
following new subparagraph (B):
``(B) if such evidence was not considered as
described in subparagraph (A), identifying the time
when such evidence was received and the provision of
section 7113 of this title that establishes that such
evidence may not be received at such time; and''.
(2) By redesignating paragraph (3) as paragraph (4).
(3) By inserting, after paragraph (2), the following new
paragraph (3):
``(3) the written determination of the Board whether the
notice of disagreement was adequate and timely filed under
section 7105 of this title; and''.
(c) Conforming Amendment.--Section 7105 of such title is amended by
striking subparagraph (C) of paragraph (1) of subsection (b).
SEC. 4. BOARD OF VETERANS' APPEALS PUBLICATION OF DATES OF DOCKET
ACTIVITY.
Section 7107 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(f) Publication of Expected Actions.--(1) On a weekly basis, for
each docket, the Board shall publish, on a website of the Department,
notice of the docket dates of the cases assigned to a Board member for
a decision for that week.
``(2) Each notice published under paragraph (1) shall include a
statement that an assignment described in such paragraph does not
require the Board to issue a decision regarding the case during such
week.
``(3) Paragraph (1) shall not apply to a case--
``(A) that has been advanced under subsection (b); or
``(B) remanded by the United States Court of Appeals for
Veterans Claims.''.
SEC. 5. MODIFICATION OF CERTAIN HOUSING LOAN FEES.
The loan fee table in section 3729(b)(2) of title 38, United States
Code, is amended by striking ``November 15, 2031'' each place it
appears and inserting ``November 22, 2031''.
Union Calendar No. 554
118th CONGRESS
2d Session
H. R. 5890
[Report No. 118-658]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to limit the authority of the
Secretary of Veterans Affairs to deny the claim of a veteran for
benefits under the laws administered by such Secretary on the sole
basis that such veteran failed to appear for a medical examination
associated with such claim.
_______________________________________________________________________
September 10, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed