VA Appeals Modernization Act of 2017
Latest action · Feb 3, 2017 Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJan 11, 2017
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
VA Appeals Modernization Act of 2017
This bill amends the Department of Veterans Affairs (VA) benefits appeals process to permit a claimant to request:
- a review of the Agency of Original Jurisdiction's decision by a higher-level adjudicator within the agency under which no additional evidence may be submitted; or
- a Board of Veterans Appeals (BVA) review under which no BVA hearing is requested and no additional evidence may be submitted or under which a BVA hearing is requested and the appellant requests an opportunity to submit additional evidence at, and within 90 days of, the hearing.
("Agency of Original Jurisdiction" means the activity which entered the original determination with regard to a claim for veterans benefits.)
The BVA shall maintain two such separate dockets.
A finding favorable to a claimant is binding on all subsequent VA adjudicators unless clear and convincing evidence is shown to the contrary.
The BVA may remand a claim to the agency to obtain a corrective advisory medical opinion.
The bill revises effective dates of awards provisions.
The VA's duty to assist a claimant shall not apply: (1) once the claimant is provided notice of the agency's initial decision, and (2) to higher-level agency or BVA review.
The VA is not required to send notice for a supplemental claim or to readjudicate a claim that has been disallowed except when new and relevant evidence is presented or secured (currently such provisions applies to reopening such claim).
A claimants's notice of disagreement must set out specific allegations of error of fact or law. The BVA is authorized to dismiss an appeal which fails to do so.
Cosponsors 13
Members who signed on, in the order they did. Signatures ran from Feb 2, 2017 to Jan 19, 2018.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-ME | Chellie Pingree | Feb 2, 2017 | |
| D-MD | John P. Sarbanes | Feb 2, 2017 | |
| R-NV | Mark E. Amodei | Feb 21, 2017 | |
| D-NH | Carol Shea-Porter | Mar 9, 2017 | |
| D-CT | James A. Himes | Apr 3, 2017 | |
| D-CA | John Garamendi | Apr 3, 2017 | |
| D-GU | Madeleine Z. Bordallo | Apr 3, 2017 | |
| D-CA | Mark Takano | Apr 3, 2017 | |
| D-OH | Tim Ryan | Apr 3, 2017 | |
| D-CA | Anna G. Eshoo | Apr 14, 2017 | |
| I-AZ | Kyrsten Sinema | May 22, 2017 | |
| D-CA | Scott H. Peters | May 22, 2017 | |
| D-VA | Gerald E. Connolly | Jan 19, 2018 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Veterans' Affairs Committee | Referred Jan 11, 2017 |
| Disability Assistance and Memorial Affairs Subcommittee | Referred Feb 3, 2017 |
Actions 3
Everything that happened, newest first.
- Feb 3, 2017Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
- Jan 11, 2017Introduced in House
- Jan 11, 2017Referred to the House Committee on Veterans' Affairs.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 7, January 11, 2017, page H392.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 115-12 | LEGISLATIVE HEARING ON THE VETERANS APPEALS IMPROVEMENT AND MODERNIZATION ACT OF 201775 pages | Veterans' Affairs Committee | May 2, 2017 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 1024 | Veterans Appeals Improvement and Modernization Act of 2017 | Related bill | Jul 10, 2017 |
| HR 5083 | VA Appeals Modernization Act of 2016 | Reintroduction of | May 13, 2016 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend title 38, United States Code, to improve the appeals process of the Department of Veterans Affairs.
- Short Titles as Introduced
- VA Appeals Modernization Act of 2017
Subjects
Assigned by the Library of Congress. Policy area: Armed Forces and National Security.
Text 1
Each version as it was printed, newest first.
- Jan 11, 2017Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
