Veterans Administration Adjudication Procedure and Judicial Review Act

Summary

Veterans Administration Adjudication Procedure and Judicial Review Act - Title I: Adjudication Procedures - Codifies, for Veterans Administration (VA) adjudication purposes, the burden of proof and reasonable doubt standard currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify his or her claim, and that if an approximate balance of positive and negative evidence exists regarding the merits of a claim, the VA is to resolve such doubt in favor of the claimant. Stipulates that VA subpoenas may be served either by personal delivery or by registered or certified mail. Increases the size of the Board of Veterans' Appeals from 50 to 65 members. Requires the chairman of such Board to submit an annual report to the appropriate congressional committees concerning the Board's current handling of cases and projections for the subsequent fiscal year. Requires the Board to: (1) provide notice to a claimant and an opportunity for a hearing before a decision may be based on "additional official information" received after a Board decision has previously been made; (2) provide the claimant with an opportunity for a hearing; and (3) make its decision exclusively on evidence and material of record in the proceeding. Removes the requirement that new material sufficient to allow the Board to reopen a previously disallowed claim be in the form of official reports. Provides that the Board's discretionary authority to reopen a claim will not be diminished by a judicial decision following an appeal as provided for by this Act. Requires the Board to mail to the claimant notice of its decision and the reasons for such decision. Provides that, upon the request of a claimant, the Board shall provide an independent advisory medical opinion when there exists substantial medical disagreements with respect to a material issue in a veterans' appeal. Sets forth new procedural rules for adjudication hearings regarding: (1) oaths affirmations, and witness examination; (2) admissibility of evidence; (3) procedural rights of claimants; (4) disqualification of a hearing officer; (5) the record of the proceedings and the claimants' right to examine and obtain a copy of such record; and (6) the exclusiveness of veterans' adjudication procedures and rights prescribed by the Administrator. Requires the Administrator to provide at each stage of the appeal proceedings written notice to a claimant of procedural rights and procedures. Directs the Administrator to conduct a study of two alternate claims resolution methods, one a new intermediate-level adjudication process, the other an enhanced schedule of formal Appeals Board hearings. Title II: Veterans' Administration Rule Making - Includes the VA's rulemaking procedures under the relevant provisions of the Administrative Procedure Act. Title III: Judicial Review - Provides for judicial review of VA decisions in the Federal court system. States with regard to jurisdiction: (1) that judicial review of a final decision in a claim for benefits may be obtained in a civil action brought within 180 days of the Board's mailing of notice of its decision, and that such action shall be brought in Federal district court; (2) that in cases not directly involving a claim for benefits a civil action otherwise authorized by law shall not be precluded; (3) the definition of final decision; (4) that the judicial review procedures established under this Act shall not apply to insurance and home loans; (5) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; and (6) that the court render a decision on the pleadings. States, with regard to the reviewing court's scope of review, that such court: (1) decide questions of law and interpret constitutional, statutory, and regulatory provisions, but that questions of fact (unless unsupported by substantial evidence) will not be subject to a trial de novo; and (2) in reviewing a final decision of the VA which is adverse to a party solely because such party failed to comply with VA procedures, such court may only review questions concerning such procedures. Sets out provisions regarding remand, survival of actions, and appellate review. Title IV: Attorneys' Fees - Authorizes the Administrator to allow attorneys' fees above the present $10 maximum if the appealing party's claim is allowed by the VA after an initial denial. States that such fee shall be the lesser of: (1) the fee agreed upon by the party and attorney; (2) $500, unless the Administrator approves a greater amount; or (3) if the party and attorney have entered into a contingent-fee agreement, not more than 25 percent of the total of any past-due benefits awarded on the basis of such party's claim. Provides for the approval of attorneys' fees, in successful veterans' claims brought before a court, as provided for under this Act. Stipulates that such fees shall be determined by such court, and in contingent-fee agreements such fees shall not exceed 25 percent of the total of any past-due benefits awarded on the basis of such claim. Authorizes attorneys' fees of up to $750 in certain unsuccessful veterans' claims. Prohibits the VA from authorizing payment to a claimant's attorney based on past-due benefits unless such benefits are owed as of the date of the VA's or a court's award. Establishes procedures for the review of the VA's or a court's approval of attorneys' fees. States that in the case of a benefits claim resolved before the VA, either the claimant or the attorney may challenge the award in the Federal district court in which the claimant resides or has his principal place of business within 30 days after notice of the attorneys' award. Provides that all parties be given notice. Stipulates that such provisions regarding attorneys' fees shall only apply to claims for benefits under the laws administered by the VA and shall not apply in cases in which the VA is the plaintiff or in which other attorneys' fees statutes are otherwise controlling. Title V: Effective Dates - States that this Act shall become effective 180 days after enactment. Permits review of Board of Veterans' Appeals decisions rendered on or after January 1, 1977, and prior to the effective date of this Act.

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

Timeline

1. 30 January 1981

   Introduced

   Read second time and referred to Senate Committee on Veterans.

   Source: IntroReferral

2. 30 January 1981

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 4 May 1981

   Committee

   Committee on Veterans requested executive comment from OMB.

   Source: Committee

4. 5 May 1981

   Committee

   Committee on Veterans requested executive comment from VA; Justice Department.

   Source: Committee

5. 4 June 1981

   Referred

   Ordered, That if and when reported, the bill be referred to the Committee on the Judiciary for not to exceed 45 days.

   Source: Floor

6. 15 July 1981

   Committee

   Committee on Veterans. Hearings held.

   Source: Committee

7. 21 July 1981

   Committee

   Committee on Veterans received executive comment from OMB.

   Source: Committee

8. 23 July 1981

   Committee

   Committee on Veterans received executive comment from Justice Department.

   Source: Committee

9. 1 February 1982

   Committee

   Committee on Veterans received executive comment from Justice Department.

   Source: Committee

10. 28 April 1982

    Reported

    Committee on Veterans. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Source: Committee

11. 8 June 1982

    Calendars

    Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 662.

    Source: Calendars

12. 8 June 1982

    Reported

    Committee on Veterans. Reported to Senate by Senator Simpson under the authority of the order of May 12, 82 with an amendment in the nature of a substitute. With written report No. 97-466.

    Source: Committee

13. 8 June 1982

    Reported

    Committee on Veterans. Reported to Senate by Senator Simpson under the authority of the order of May 12, 82 with an amendment in the nature of a substitute. With written report No. 97-466.

    Source: Committee

14. 22 June 1982

    Introduced

    Rereferred to Senate Committee on Judiciary. Pursuant to the order of June 4, 1981.

    Source: IntroReferral

15. 9 August 1982

    Calendars

    Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 745.

    Source: Calendars

16. 9 August 1982

    Discharge

    Senate Committee on Judiciary discharged.

    Source: Discharge

17. 9 August 1982

    Committee

    Senate Committee on Judiciary discharged.

    Source: Committee

18. 14 September 1982

    Passed

    Passed Senate with an amendment by Voice Vote.

    Source: Floor

19. 14 September 1982

    Passed

    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

    Source: Floor

20. 16 September 1982

    Introduced

    Referred to House Committee on Veterans' Affairs.

    Source: IntroReferral

Votes

No vote records are attached yet.

Versions

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

Documents

3 official files

• Passed Senate amended

  summary · EN · 14 September 1982

  Open at official source

• Reported to Senate with amendment(s)

  summary · EN · 8 June 1982

  Open at official source

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• Introduced in Senate

  summary · EN · 30 January 1981

  Open at official source

  Leesvertaling

  Vertaal dit document naar jouw taal. PoliticalRepo bewaart geen aparte kopie per EU-taal.

  Vertaal naarNL · DutchDE · GermanFR · FrenchES · SpanishIT · ItalianPL · PolishPT · PortugueseSV · SwedishDA · DanishFI · FinnishEL · GreekCS · CzechHU · HungarianRO · RomanianBG · BulgarianHR · CroatianSK · SlovakSL · SlovenianLT · LithuanianLV · LatvianET · EstonianGA · IrishMT · Maltese

  Vertaal document

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Sponsors

• Sen. Hart, Gary W. [D-CO] · D · Sponsor
• Sen. Cranston, Alan [D-CA] · D · Sponsor
• Sen. DeConcini, Dennis [D-AZ] · D · Sponsor
• Sen. Burdick, Quentin N. [D-ND] · D · Cosponsor
• Sen. Mitchell, George J. [D-ME] · D · Cosponsor
• Sen. Riegle, Donald W., Jr. [D-MI] · D · Cosponsor
• Sen. Stafford, Robert T. [R-VT] · R · Cosponsor
• Sen. Kasten, Robert W., Jr. [R-WI] · R · Cosponsor
• Sen. Denton, Jeremiah [R-AL] · R · Cosponsor
• Sen. Murkowski, Frank H. [R-AK] · R · Cosponsor
• Sen. Specter, Arlen [R-PA] · R · Cosponsor
• Sen. Randolph, Jennings [D-WV] · D · Cosponsor
• Sen. Matsunaga, Spark M. [D-HI] · D · Cosponsor
• Sen. Simpson, Alan K. [R-WY] · R · Cosponsor
• Sen. Cohen, William S. [R-ME] · R · Cosponsor
• · hsvr00 · Standing
• · ssju00 · Standing
• · ssva00 · Standing

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