VA Appeals Modernization Act of 2017

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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 11 January 2017

   Introduced

   Referred to the House Committee on Veterans' Affairs.

   Source: IntroReferral

2. 11 January 2017

   Introduced

   Introduced in House

   Source: IntroReferral

3. 11 January 2017

   Introduced

   Introduced in House

   Source: IntroReferral

4. 3 February 2017

   Referred

   Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in House · 11 January 2017 · Official file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 11 January 2017

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 11 January 2017

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 11 January 2017

  Open at official source

Sponsors

• Rep. Titus, Dina [D-NV-1] · D · Sponsor
• Rep. Pingree, Chellie [D-ME-1] · D · Cosponsor
• John Sarbanes · D · Cosponsor
• Rep. Amodei, Mark E. [R-NV-2] · R · Cosponsor
• Carol Shea-Porter · D · Cosponsor
• Rep. Garamendi, John [D-CA-8] · D · Cosponsor
• TIM RYAN · D · Cosponsor
• Mark Takano · D · Cosponsor
• Del. Bordallo, Madeleine Z. [D-GU-At Large] · D · Cosponsor
• James Himes · D · Cosponsor
• Anna Eshoo · D · Cosponsor
• Scott Peters · D · Cosponsor
• Kyrsten Sinema · D · Cosponsor
• Gerald Connolly · D · Cosponsor
• · hsvr00 · Standing

Related records

• related to ← Veterans Appeals Improvement and Modernization Act of 2017
• related to ← VA Appeals Modernization Act of 2016