Veterans' Judicial Review Act

Summary

Veterans' Judicial Review Act - Directs the Attorney General, when requested by the Administrator of Veterans Affairs, to provide the Administrator with advice or opinions with regard to any question of law arising under the Constitution or under any law other than a law providing benefits for veterans and their survivors and dependents. Directs the Administrator to ensure that VA rulemaking and judicial review comply with relevant provisions of the Administrative Procedure Act. Provides for judicial review of VA decisions. Revises provisions relating to the payment by the Administrator of fees to attorneys handling veterans' benefits claims. Revises provisions relating to the establishment and jurisdiction of the Board of Veterans' Appeals. Renames such body the Court of Veterans Appeals. Provides the Court with exclusive jurisdiction to consider all questions involving benefits under laws administered by the VA. Outlines procedural provisions for the Court with respect to: (1) the fee for filing a petition; (2) representation of parties and fee agreements; (3) rules of practice, procedure, and evidence; (4) the administration of oaths and procurement of testimony; (5) the filing of notice of disagreement and appeal; (6) witness fees; (7) hearings; (8) decisions; (9) availability of proceedings; and (10) the publication of reports. Outlines further administrative provisions with respect to: (1) employees and expenditures of the Court; and (2) certain fees associated with proceedings brought before the Court. Outlines provisions for the determination of the date when a decision of the Court becomes final, with a different date determined if the decision of the Court: (1) is not appealed; (2) is appealed to a Federal court, but is affirmed or dismissed by such court; or (3) is modified or reversed by the Supreme Court, or a rehearing is ordered. Provides procedural guidelines for review of a decision of the Court by the United States Court of Appeals for the Federal Circuit involved, providing that such Federal court shall have exclusive jurisdiction to review and decide any challenge to the validity of any statute or regulation or any interpretation thereof brought under these provisions and to interpret constitutional and statutory provisions. Provides that the judgment of such court shall be final, except that it may be subject to review by the Supreme Court upon certiorari. Prohibits the Court of Appeals from reviewing the facts of the appeal or the application of any law or regulation to those facts unless there is presented a constitutional issue. Provides general adjudicative authority of the VA with respect to claims made by veterans for benefits, including the following authority: (1) the right to reopen claims; (2) the right to obtain independent medical opinions; and (3) burden-of-proof standards. Authorizes the transfer of personnel and assets of the current Board of Veterans' Appeals to the Court of Veterans Appeals. Transfers any unexpended funds and any matters currently before the Board which have not been determined before the effective date of this Act. Provides for the appointment of the Chief Judge to the Court. Outlines provisions for the appointment of the remaining judges to such Court. Provides that persons who file a notice of disagreement with the VA with respect to a claims-benefit matter after the date of enactment of this Act are entitled to have the matter resolved subject to the provisions of the amendments made by this Act.

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

Timeline

1. 14 September 1988

   Introduced

   Referred to House Committee on Veterans' Affairs.

   Source: IntroReferral

2. 14 September 1988

   Introduced

   Introduced in House

   Source: IntroReferral

3. 14 September 1988

   Introduced

   Introduced in House

   Source: IntroReferral

4. 15 September 1988

   Reported

   Ordered to be Reported (Amended).

   Source: Committee

5. 15 September 1988

   Committee

   Committee Consideration and Mark-up Session Held.

   Source: Committee

6. 23 September 1988

   Introduced

   Referred to House Committee on The Judiciary Sequentially, for a Period Ending not Later than Sep 30, 88.

   Source: IntroReferral

7. 23 September 1988

   Reported

   Reported to House (Amended) by House Committee on Veterans' Affairs. Report No: 100-963 (Part I).

   Source: Committee

8. 23 September 1988

   Reported

   Reported to House (Amended) by House Committee on Veterans' Affairs. Report No: 100-963 (Part I).

   Source: Committee

9. 26 September 1988

   Referred

   Referred to Subcommittee on Administrative Law and Governmental Relations.

   Source: Committee

10. 28 September 1988

    Introduced

    House Committee on The Judiciary Granted an Extension for Further Consideration Ending not Later Than October 3, 1988.

    Source: IntroReferral

11. 3 October 1988

    Floor

    Laid on Table in House by Voice Vote.

    Source: Floor

12. 3 October 1988

    Vote

    Passed House (Amended) by Yea-Nay Vote: 400 - 0 (Record Vote No: 378).

    Source: Floor

13. 3 October 1988

    Vote

    Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 400 - 0 (Record Vote No: 378).

    Source: Floor

14. 3 October 1988

    Floor

    Called up by House Under Suspension of Rules.

    Source: Floor

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

2 official files

• Passed House amended

  summary · EN · 3 October 1988

  Open at official source

• Introduced in House

  summary · EN · 14 September 1988

  Open at official source

Sponsors

• Rep. Montgomery, G. V. (Sonny) [D-MS-3] · D · Sponsor
• Rep. Solomon, Gerald B. H. [R-NY-24] · R · Sponsor
• Rep. Dowdy, Wayne [D-MS-4] · D · Sponsor
• Rep. Hammerschmidt, John P. [R-AR-3] · R · Sponsor
• Marcy Kaptur · D · Sponsor
• Rep. Penny, Timothy J. [D-MN-1] · D · Sponsor
• Rep. Stump, Bob [R-AZ-3] · R · Sponsor
• Rep. Rowland, J. Roy [D-GA-8] · D · Sponsor
• Rep. McEwen, Bob [R-OH-6] · R · Sponsor
• Rep. Gray, Kenneth J. [D-IL-24] · D · Sponsor
• Christopher Smith · R · Sponsor
• Rep. Stenholm, Charles W. [D-TX-17] · D · Sponsor
• Rep. Burton, Dan [R-IN-6] · R · Sponsor
• Rep. Patterson, Elizabeth [D-SC-4] · D · Sponsor
• Rep. Ridge, Thomas J. [R-PA-21] · R · Sponsor
• Rep. Johnson, Tim [D-SD-At Large] · D · Sponsor
• Rep. Rowland, John G. [R-CT-5] · R · Sponsor
• Rep. Dornan, Robert K. [R-CA-38] · R · Sponsor
• Rep. Smith, Bob [R-NH-1] · R · Sponsor
• Rep. Davis, Jack [R-IL-4] · R · Sponsor
• Rep. Robinson, Tommy F. [R-AR-2] · D · Cosponsor
• Rep. Wylie, Chalmers P. [R-OH-15] · R · Cosponsor
• Rep. Jenkins, Edgar L. [D-GA-9] · D · Cosponsor
• Rep. Clarke, James McC. [D-NC-11] · D · Cosponsor
• Del. Blaz, Ben G. [R-GU-At Large] · R · Cosponsor
• Rep. Richardson, Bill [D-NM-3] · D · Cosponsor
• Rep. Hiler, John Patrick [R-IN-3] · R · Cosponsor
• Rep. Hefner, W. G. (Bill) [D-NC-8] · D · Cosponsor
• Rep. Fawell, Harris W. [R-IL-13] · R · Cosponsor
• · hsju00 · Standing
• · hsvr00 · Standing

Related records

• related to ← A bill to amend title 38, United States Code, to establish certain procedures for the adjudication of claims for benefits under laws administered by the Veterans' Administration; to apply the provisions of section 553 of title 5, United States Code, to rule-making procedures of the Veterans' Administration; to provide for judicial review of certain final decisions of the Board of veterans' Appeals; to provide for the payment of reasonable fees to attorneys for rendering legal representation to individuals claiming benefits under laws administered by the Veterans' Administration, and for other purposes.