To amend title 38, United States Code, to make certain improvements in the procedures for adjudication of claims for benefits under laws administered by the Secretary of Veterans Affairs.

October 29, 2003

Mr. EVANS (for himself and Mr. MICHAUD) introduced the following bill; which was referred to the Committee on Veterans' Affairs

To amend title 38, United States Code, to make certain improvements in the procedures for adjudication of claims for benefits under laws administered by the Secretary of Veterans Affairs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Veterans Claims Procedures Improvement Act of 2003'.

SEC. 2. TIME LIMITATION ON INFORMATION TO COMPLETE CLAIM.

Section 5102 of title 38, United States Code, is amended by adding at the end the following new subsection:

`(c)(1) If the Secretary notifies a claimant and the claimant's representative, if any, under subsection (b) that certain information is necessary to complete the claimant's application and that information is not received by the Secretary within one year from the date of such notification, no benefit may be paid or furnished by reason of the claimant's application.

`(2) This subsection shall not apply to any application or claim for Government life insurance benefits.'.

SEC. 3. EFFECT OF NOTICE TO CLAIMANTS OF REQUIRED INFORMATION AND EVIDENCE.

(a) NOTICE REQUIRED TO BE IN WRITING- Subsection (a) of section 5103 of title 38, United States Code, is amended by inserting `in writing' in the first sentence after `shall notify'.

(b) TIME LIMITATION- Subsection (b) of that section is amended--

(1) in paragraph (1), by striking `if such' and all that follows through `application' and inserting `such information or evidence must be submitted within the time period specified by the Secretary, which period shall end not less than 60 days after the date of such notification or one year from the date of application, whichever is later';

(2) by redesignating paragraph (2) as paragraph (4); and

(3) by inserting after paragraph (1) the following new paragraphs:

`(2) The Secretary may in any case extend for good cause the time period under paragraph (1) for submitting information or evidence.

`(3) The limitation in paragraph (1) shall not be construed to prohibit the Secretary from making a decision on a claim before the end of the period specified under that paragraph. If the Secretary issues a decision before the end of the period specified in paragraph (1) and information or evidence pertinent to the claim is received within that period, the prior decision shall be readjudicated, the information or evidence shall be considered, and a new decision shall be issued.'.

(c) EFFECT ON PRIOR CASES- In the case of a claimant for benefits under laws administered by the Secretary of Veterans Affairs who asserts that after November 9, 2000, the claimant was misled by a notification from the Secretary that information and evidence needed to substantiate the claim was required to be submitted before the end of the one-year period provided in section 5103 of title 38, United States Code, the claimant may request to have the prior decision vacated and a new decision issued. Upon receiving such a request, the Secretary shall vacate the decision and issue a new decision if the request, information, and evidence are submitted not later than one year after the date of the enactment of this Act. Unless there is a timely request from the claimant or the claimant's legal representative, nothing in this Act shall be construed as establishing a duty on the part of the Secretary of Veterans Affairs to locate and readjudicate a claim described in this subsection.

SEC. 4. CLARIFICATION OF PROCEDURES APPLICABLE TO FILING A NOTICE OF DISAGREEMENT WITH THE BOARD OF VETERANS APPEALS.

(a) NOTICE OF DISAGREEMENT- Section 7105 of title 38, United States Code, is amended--

(1) by redesignating subsections (b), (c), and (d) as subsections (d), (e), and (f), respectively; and

(2) by striking subsection (a) and inserting the following:

`(a) Appellate review shall be initiated by a written notice submitted to the Secretary expressing disagreement with an initial determination of the Secretary. Such a notice may be referred to as a `notice of disagreement'. Unless the claimant or the claimant's representative clearly indicates that the claimant does not want appellate review of the determination in whole or in part, any such notice shall be sufficient to initiate appellate review of the determination.

`(b)(1) If it is not clear from the claimant's notice whether or not appellate review is desired or what issue or issues are being appealed, the claimant shall be notified in writing and requested to provide clarification. Any such notification shall indicate that the adjudicative determination will be final if no valid notice of disagreement is received before the end of the 60-day period beginning on the date on which the request for clarification is sent or the one-year period beginning on the date of the adjudicative determination, whichever is later.

`(2) Unless clarification requested under paragraph (1) is received within the time period prescribed in that paragraph or within any extension of time granted by the Secretary for good cause, the document shall not be treated as a notice of disagreement.

`(c) In order to proceed on the appeal, the claimant must submit a written substantive appeal after a statement of the case is furnished as prescribed in this section. The appellant shall be accorded hearing and representation rights in accordance with this chapter and regulations of the Secretary.'.

(b) MANNER OF FILING NOTICE OF DISAGREEMENT- Paragraph (1) of subsection (d) of such section, as redesignated by subsection (a)(1), is amended--

(1) in the first sentence--

(A) by inserting `or as otherwise provided in subsection (b),' after `contested claims,'; and

(B) by striking `initial review or determination' and inserting `the initial determination'; and

(2) in the second sentence, by striking `notice, and' and all that follows and inserting `notice and appeal must be filed with the Secretary.'.

(c) CONFORMING AMENDMENTS- (1) Paragraph (1) of subsection (f) of such section, as redesignated by subsection (a)(1), is amended--

(A) in the first sentence, by striking `the decision of' and all that follows through `deems proper' and inserting `the Secretary, the Secretary shall take such development or review action as the Secretary considers proper'; and

(B) in the second sentence, by striking `such agency' and inserting `the Secretary'.

(2) Paragraph (3) of such subsection is amended by striking `The agency of original jurisdiction' at the beginning of the last sentence and inserting `The Secretary'.

END