S 712 · 115th Congress 2017–2019, ended

Department of Veterans Affairs Appeals Modernization Act of 2017

Fact sheet

Latest action · Mar 23, 2017 Read twice and referred to the Committee on Veterans' 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.

  1. IntroducedMar 23, 2017
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Department of Veterans Affairs 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 based on the original evidence; 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 (for which the BVA shall maintain two 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.

If a claim is denied the claimant may, within one year after the agency of original jurisdiction issues a decision with respect to such claim: (1) file a request for higher-level review, (2) file a supplemental claim, or (3) file a notice of disagreement.

The BVA may remand a claim to the agency to obtain a corrective advisory medical opinion.

The VA shall provide for expedited treatment by the agency of original jurisdiction of any claim that is remanded by the BVA.

The bill revises effective dates of awards provisions.

The bill repeals a provision authorizing the BVA to secure an independent medical expert's opinion when warranted by the medical complexity or controversy involved in an appeal case.

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 provision 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 that fails to do so.

Cosponsors 21

Members who signed on, in the order they did. Signatures ran from Mar 23, 2017 to May 22, 2017, with 17 there on the day it was introduced.

SeatCosponsorSigned on
I-MEAngus S. King Jr.OriginalMar 23, 2017
I-VTBernard SandersOriginalMar 23, 2017
D-MDChris Van HollenOriginalMar 23, 2017
D-CADianne FeinsteinOriginalMar 23, 2017
D-NHJeanne ShaheenOriginalMar 23, 2017
I-WVJoe Manchin IIIOriginalMar 23, 2017
D-MTJon TesterOriginalMar 23, 2017
D-NHMargaret Wood HassanOriginalMar 23, 2017
D-VAMark R. WarnerOriginalMar 23, 2017
D-HIMazie K. HironoOriginalMar 23, 2017
D-WAPatty MurrayOriginalMar 23, 2017
D-ILRichard J. DurbinOriginalMar 23, 2017
D-PARobert P. Casey Jr.OriginalMar 23, 2017
D-OHSherrod BrownOriginalMar 23, 2017
D-WITammy BaldwinOriginalMar 23, 2017

Actions 2

Everything that happened, newest first.

  1. Mar 23, 2017Introduced in Senate
  2. Mar 23, 2017Read twice and referred to the Committee on Veterans' Affairs.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 1024Veterans Appeals Improvement and Modernization Act of 2017Related billJul 10, 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.

  1. Mar 23, 2017Introduced in Senate

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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.