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.

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 standards currently provided for by VA regulation. States that a claimant has the burden of submitting sufficient evidence to justify a 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. States that VA subpoenas may be served either by personal delivery or by registered or certified mail. Requires the chairman of the Board of Veterans' Appeals 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; and (2) 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 to reopen a claim will not be diminished by a juficial 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 disagreement with respect to a material issue in a veteran's 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 claimant's 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 the claimant's procedural rights. Authorizes the Administrator to conduct a study of two alternative claims resolution methods: one a new intermediate-level adjudication process; the other an enhanced schedule of formal Appeals Board hearings. Directs the Administrator to report to the Congress on such studies. 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) the definition of final decision; (2) 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; (3) that the VA shall file the various materials constituting the record in a case together with its answer to the claimant's complaint; (4) that the court may render a decision on the pleadings; and (5) that the judicial review procedures established under this Act shall not apply to insurance and home loans. States, with regard to the reviewing court's scope of review, that such court: (1) shall 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, 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. States 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. States 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 - Sets forth the effective dates for this Act.

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

Timeline

1. 6 January 1987

   Introduced

   Read twice and referred to the Committee on Veterans.

   Source: IntroReferral

2. 6 January 1987

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 10 February 1987

   Committee

   Committee on Veterans requested executive comment from VA, OMB.

   Source: Committee

4. 28 April 1988

   Committee

   Committee on Veterans. Hearings held.

   Source: Committee

5. 7 July 1988

   Calendars

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 790.

   Source: Calendars

6. 7 July 1988

   Reported

   Committee on Veterans. Reported to Senate by Senator Cranston with an amendment in the nature of a substitute and an amendment to the title. With written report No. 100-418. Additional views filed.

   Source: Committee

7. 7 July 1988

   Reported

   Committee on Veterans. Reported to Senate by Senator Cranston with an amendment in the nature of a substitute and an amendment to the title. With written report No. 100-418. Additional views filed.

   Source: Committee

8. 11 July 1988

   Floor

   Measure laid before Senate by unanimous consent.

   Source: Floor

9. 11 July 1988

   Vote

   Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Yea-Nay Vote. 86-11. Record Vote No: 239.

   Source: Floor

10. 26 July 1988

    Introduced

    Referred to House Committee on Veterans' Affairs.

    Source: IntroReferral

11. 26 July 1988

    Floor

    Message on Senate action sent to the House.

    Source: Floor

12. 8 September 1988

    Committee

    Committee Hearings Held.

    Source: Committee

13. 3 October 1988

    Floor

    Called up by House by Unanimous Consent.

    Source: Floor

14. 3 October 1988

    Discharge

    House Committee on Veterans' Affairs Discharged by Unanimous Consent.

    Source: Discharge

15. 3 October 1988

    Committee

    House Committee on Veterans' Affairs Discharged by Unanimous Consent.

    Source: Committee

16. 3 October 1988

    Floor

    House Incorporated H.R.5288 in This Measure as an Amendment.

    Source: Floor

17. 3 October 1988

    Passed

    Passed House (Amended) by Voice Vote.

    Source: Floor

18. 3 October 1988

    Passed

    Passed/agreed to in House: Passed House (Amended) by Voice Vote.

    Source: Floor

19. 5 October 1988

    Floor

    Message on House action received in Senate and held at desk: House amendments to Senate bill.

    Source: Floor

20. 18 October 1988

    Floor

    Measure laid before Senate by unanimous consent.

    Source: Floor

21. 18 October 1988

    NotUsed

    Resolving differences -- Senate actions: Senate concurred in the House amendment with an amendment (sp 3726) by Voice Vote.

    Source: NotUsed

22. 18 October 1988

    ResolvingDifferences

    Senate concurred in the House amendment with an amendment (sp 3726) by Voice Vote.

    Source: ResolvingDifferences

23. 19 October 1988

    ResolvingDifferences

    House Concurred in Senate Amendments to House Amendments, with Amendments, by Voice Vote.

    Source: ResolvingDifferences

24. 19 October 1988

    NotUsed

    Resolving differences -- House actions: House Concurred in Senate Amendments to House Amendments, with Amendments, by Voice Vote.

    Source: NotUsed

25. 19 October 1988

    Floor

    Message on Senate action sent to the House.

    Source: Floor

26. 20 October 1988

    Passed

    Senate agreed to the House amendments to the Senate amendments to House amendments to the text by Voice Vote.

    Source: ResolvingDifferences

27. 20 October 1988

    Passed

    Resolving differences -- Senate actions: Senate agreed to the House amendments to the Senate amendments to House amendments to the text by Voice Vote.

    Source: NotUsed

28. 20 October 1988

    Floor

    Message on House action received in Senate and held at desk: House amendments to Senate amendments.

    Source: Floor

29. 7 November 1988

    President

    Presented to President.

    Source: President

30. 7 November 1988

    Floor

    Measure Signed in Senate.

    Source: Floor

31. 7 November 1988

    Floor

    Presented to President.

    Source: Floor

32. 18 November 1988

    Became law

    Became Public Law No: 100-687.

    Source: President

33. 18 November 1988

    Became law

    Signed by President.

    Source: BecameLaw

34. 18 November 1988

    President

    Signed by President.

    Source: President

Votes

Versions

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

Documents

3 official files

• Public Law (PDF)

  Public Law · EN · 19 November 1988

  ViewDownloadOpen at official source

• House agreed to Senate amendment with amendment

  summary · EN · 19 October 1988

  Open at official source

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• Introduced in Senate

  summary · EN · 6 January 1987

  Open at official source

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Sponsors

• Sen. Cranston, Alan [D-CA] · D · Sponsor
• Sen. Simpson, Alan K. [R-WY] · R · Sponsor
• Sen. Matsunaga, Spark M. [D-HI] · D · Sponsor
• Sen. DeConcini, Dennis [D-AZ] · D · Sponsor
• Sen. Mitchell, George J. [D-ME] · D · Sponsor
• Sen. Rockefeller, John D., IV [D-WV] · D · Sponsor
• Sen. Stafford, Robert T. [R-VT] · R · Sponsor
• Sen. Kennedy, Edward M. [D-MA] · D · Sponsor
• Sen. Cohen, William S. [R-ME] · R · Sponsor
• Sen. Chiles, Lawton [D-FL] · D · Sponsor
• Sen. Durenberger, Dave [R-MN] · R · Sponsor
• Sen. Gore, Albert, Jr. [D-TN] · D · Sponsor
• Sen. Pressler, Larry [R-SD] · R · Sponsor
• Sen. Sasser, Jim [D-TN] · D · Sponsor
• Sen. Heinz, John [R-PA] · R · Sponsor
• Sen. Kerry, John F. [D-MA] · D · Sponsor
• Sen. Wilson, Pete [R-CA] · R · Sponsor
• Sen. Simon, Paul [D-IL] · D · Sponsor
• Sen. Leahy, Patrick J. [D-VT] · D · Sponsor
• Sen. Levin, Carl [D-MI] · D · Sponsor
• Sen. Sarbanes, Paul S. [D-MD] · D · Sponsor
• Sen. Riegle, Donald W., Jr. [D-MI] · D · Sponsor
• Sen. Melcher, John [D-MT] · D · Sponsor
• Sen. Johnston, J. Bennett [D-LA] · D · Sponsor
• Sen. Burdick, Quentin N. [D-ND] · D · Sponsor
• Sen. Bingaman, Jeff [D-NM] · D · Sponsor
• Sen. Bumpers, Dale [D-AR] · D · Cosponsor
• Sen. Wirth, Timothy [D-CO] · D · Cosponsor
• Sen. Daschle, Thomas A. [D-SD] · D · Cosponsor
• Sen. Adams, Brock [D-WA] · D · Cosponsor
• Sen. Reid, Harry [D-NV] · D · Cosponsor
• Sen. Lautenberg, Frank R. [D-NJ] · D · Cosponsor
• · hsvr00 · Standing
• · ssva00 · Standing

Related records

• related to → Veterans' Benefits and Programs Improvement Act of 1988
• related to → Veterans' Judicial Review Act
• amends ← To amend title 38, United States Code, to provide for judicial review of rulemaking by the Veterans' Administration, to allow attorneys' fees in cases involving veterans' claims for benefits, and to make other improvements in the provision of veterans' benefits.
• amends ← Of a technical nature.
• amends ← To provide a substitute.

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