[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1992 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1992
To amend title 38, United States Code, to improve the efficiency of
adjudications and appeals of claims for benefits under laws
administered by Secretary of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 9, 2025
Mr. Banks (for himself and Mr. Blumenthal) introduced the following
bill; which was read twice and referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve the efficiency of
adjudications and appeals of claims for benefits under laws
administered by Secretary of Veterans Affairs, and for other purposes.
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 Appeals Efficiency Act of
2025''.
SEC. 2. IMPROVEMENTS TO EFFICIENCY OF ADJUDICATIONS AND APPEALS OF
CLAIMS FOR BENEFITS UNDER LAWS ADMINISTERED BY SECRETARY
OF VETERANS AFFAIRS.
(a) Annual Report on Length of Adjudications.--
(1) In general.--Section 5109B of title 38, United States
Code, is amended--
(A) by striking ``The Secretary'' and inserting
``(a) In General.--The Secretary''; and
(B) by adding at the end the following new
subsection:
``(b) Annual Report.--Not less frequently than annually, the
Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives an annual report that includes, with respect to the
period covered by the report--
``(1) the average length of time a claim (or an issue
within a claim) that was remanded by the Board of Veterans'
Appeals was or has been pending before the Secretary after such
remand;
``(2) the number of cases that advanced on the docket by
reason of a motion that was filed under 7107(b) of this title
and on which the Board ruled, disaggregated by--
``(A) whether a motion was granted or denied; and
``(B) the reason provided for the motion; and
``(3) the number of appeals dismissed by the Board,
disaggregated by--
``(A) whether or not the dismissal was by reason of
the death of the appellant; and
``(B) in the case of a dismissal by reason of the
death of the appellant, whether or not such death was a
result of suicide.''.
(2) Deadline.--The Secretary of Veterans Affairs shall
submit the first report required by subsection (b) of section
5109B of such title (as added by paragraph (1)) by not later
than one year after the date of the enactment of this Act.
(b) Guidelines for Advancement of Cases on Docket of Board.--Not
later than one year after the date of the enactment of this Act, the
Secretary of Veterans Affairs, in consultation with the Board of
Veterans' Appeals and the General Counsel of the Department of Veterans
Affairs, shall prescribe guidelines for the advancement of a case on
the docket of the Board on a motion for earlier consideration and
determination under section 7107(b)(3) of title 38, United States Code.
Such guidelines shall include the type of evidence that may be
submitted with the motion for the advancement of the case to show
grounds for such a motion.
(c) Requirement To Track Certain Claims for Benefits.--
(1) In general.--Chapter 51 of title 38, United States
Code, is amended by inserting after section 5109B the following
new section:
``Sec. 5109C. Requirement to track and maintain information on certain
claims for benefits; notice of certain assignments
``(a) In General.--The Secretary shall use technology to track and
maintain information (including information with respect to timeliness)
on--
``(1) claims for benefits under the laws administered by
the Secretary (including issues within such claims) that are--
``(A) continuously pursued in accordance with--
``(i) sections 5104C(a) and 5110(a)(2) of
this title; or
``(ii) any other policy established by the
Secretary;
``(B) filed in the National Work Queue (or any
successor system) but have not been assigned to an
office of the Veterans Benefits Administration for
adjudication;
``(C) afforded expeditious treatment by the
Veterans Benefits Administration pursuant to section
5109B of this title or any other policy established by
the Secretary;
``(D) remanded by the Board of Veterans' Appeals to
the Secretary pursuant to section 7104 of this title;
or
``(E) pending a hearing by the Board of Veterans'
Appeals under section 7107 of this title;
``(2) instances in which an adjudicator of the Veterans
Benefits Administration does not comply with a relevant
decision of the Board of Veterans' Appeals to remand a claim
for benefits under the laws administered by the Secretary (or
an issue within such a claim), including any such instance in
which the relevant decision concerned a failure on the part of
the agency of original jurisdiction to satisfy the duty of the
Secretary to assist under section 5103A of this title;
``(3) supplemental claims under section 5108 of this title
that are filed--
``(A) in accordance with section 5104C(a) and
section 5110(a)(2) of this title; and
``(B) after the date of the applicable final
decision of the Secretary with respect to a claim for
benefits under the laws administered by the Secretary
(or an issue within such a claim);
``(4) first notices submitted to the Secretary of the death
of individuals in receipt of benefits under the laws
administered by the Secretary, disaggregated by such
individuals who were--
``(A) assigned a fiduciary; and
``(B) not assigned a fiduciary.
``(b) Annual Report.--(1) Not less frequently than annually, the
Secretary shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives an annual report that includes all information
maintained and tracked pursuant to subsection (a).
``(2) The first report required by paragraph (1) shall be submitted
by not later than one year after the date of the enactment of the
Veterans Appeals Efficiency Act of 2025.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5109B the following new item:
``Sec. 5109C. Requirement to track and maintain information on certain
claims for benefits; notice of certain
assignments.''.
(d) Improvements to Board of Veterans' Appeals.--
(1) Authority to aggregate certain claims.--
(A) In general.--Section 7104(a) of such title is
amended by inserting after the second sentence the
following new sentence: ``If the Chairman of the Board
determines that more than one appeal involves common
questions of law or fact, the Chairman may aggregate
such appeals to decide such questions of law or
fact.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect on the date of the
enactment of this Act and apply beginning on the date
on which the Secretary of Veterans Affairs completes
the development of the policies and procedures required
under subsection (g)(4)(A)(ii).
(2) Requirement to ensure substantial compliance with
certain decisions.--Such section is further amended--
(A) by redesignating subsection (f) as subsection
(g); and
(B) by inserting after subsection (e) the following
new subsection (f):
``(f)(1) The Secretary, acting through a member of the Board, shall
ensure substantial compliance with any decision of the Board to remand
a claim.
``(2) The agency of original adjudication may waive the requirement
under paragraph (1) with respect to a decision of the Board to remand a
claim to the Secretary, if a member of the Board determines--
``(A) evidence added to the evidentiary record after the
date of such decision is sufficient to resolve the issues
underlying such decision; or
``(B) such decision was unnecessary.
``(3) If the Secretary waives such requirement, the applicable
member of the Board shall include, pursuant to subsection (d), a
determination of such waiver in the decision of the Board.''.
(3) Definition of aggregate; report.--Such section is
further amended by adding at the end the following new
subsections:
``(h) Not later than five years after the date of the enactment of
the Veterans Appeals Efficiency Act of 2025, and not less frequently
than once every five years thereafter, the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on the
aggregation of claims by the Board under subsection (a). Each such
report shall include--
``(1) an identification of each instance in which the Board
aggregated appeals during the period covered by the report,
including, for each such instance, the number of appeals that
were aggregated;
``(2) an assessment of whether the aggregation of appeals
has contributed to improved efficiency at the Board with
issuing decisions on appeals; and
``(3) such other matters as the Secretary determines
appropriate.
``(i) In this section, the term `aggregate'--
``(1) means any practice or procedure to collect common
issues, claims, or appeals by multiple parties for the purposes
of resolving such issues, claims, or appeals; and
``(2) includes the use of joinder, consolidation,
intervention, class actions, and any other multiparty
proceedings.''.
(e) Expansion of Jurisdiction of Court of Appeals for Veterans
Claims.--Section 7252 of title 38, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsections:
``(b)(1)(A) In a covered proceeding in which the appellant or
petitioner files a request for class certification pursuant to the
rules prescribed by the Court pursuant to section 7264 of this title,
the Court shall have supplemental jurisdiction over any claim for
benefits under the laws administered by the Secretary--
``(i) that satisfies the definition of the class contained
in the request for class certification; and
``(ii) for which the agency of original jurisdiction has
issued a nonfinal decision and the claimant has filed a notice
of disagreement under section 5104C(a) or section 7105 of this
title, including any case in which a claimant has filed a
supplemental claim within one year of a Board decision under
section 5110(a)(2)(D) and 5108 of this title following a notice
of disagreement and decision of the Board.
``(B) For purposes of subparagraph (A), a covered proceeding
means--
``(i) an appeal over which the Court has jurisdiction
pursuant to section 7266 of this title; or
``(ii) a request for a writ over which the Court has
jurisdiction.
``(2) A claimant who has not opted out of an opportunity to be a
member of a class action may submit a request for administrative review
of such a claim under section 5104C(a) of this title during the period
beginning on the date on which the named claimant of the motion for
class action review submits to the Court a motion for class action
review and ending on the date that is 60 days after the later of the
following dates:
``(A) The date on which the Court issues a final decision
with respect to such claim.
``(B) The date on which the Court issues a final decision
with respect to such motion for class action review.
``(3) In the case of a claimant who has not opted out of an
opportunity to be a member of a class action and whose claim is decided
by the Board during the period when the Court is reviewing the motion
for class action review the deadline for such claimant to file an
appeal to the Court with respect to the decision of the Board shall be
tolled if the Court denies the motion for class action review.
``(c)(1) In the case of a claim for benefits under the laws
administered by the Secretary, the Court may remand a matter to the
Board of Veterans' Appeals for the limited purpose of ordering the
Board to address a question of law or fact if the Court determines the
Board failed--
``(A) to address, in the relevant decision of the Board, an
issue that--
``(i) the claimant or the representative of the
claimant raised; or
``(ii) was reasonably raised by the evidentiary
record of the claim; or
``(B) to provide adequate reasons or bases for the decision
of the Board with respect to such question.
``(2) The Court shall issue Rules that provide for each of the
following:
``(A) When and how a party to an appeal (either the
appellant or the Secretary) may request that the Court issue a
limited remand.
``(B) The period within which the Board is required issue a
decision on the relevant question identified in a limited
remand.
``(C) Guidelines for when the Court may grant a request for
a limited remand.
``(D) Guidelines for when the Court may decide sua sponte
to issue a limited remand without a request from any party.
``(E) A requirement that the parties to an appeal for which
a limited remand is issued provide notice to the Court when the
Board issues its decision on the relevant question identified
in the limited remand.
``(3) With respect to any matter remanded to the Board pursuant to
paragraph (1), the Court shall--
``(A) retain jurisdiction over such matter; and
``(B) stay the proceedings of the Court on such matter
until the date on which the Board issues the decision required
by such remand.''.
(f) Study and Report on Common Questions of Law or Fact Before
Board of Veterans' Appeals.--
(1) Study.--The Chairman of the Board of Veterans' Appeals
shall carry out a study to identify questions of law or fact
the Board commonly considers when reviewing appeals pursuant to
section 7104 of title 38, United States Code, for which
precedential guidance would assist the Board in issuing final
decisions on such appeals. The Chairman may use artificial
intelligence and other technology in carrying out such study.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Chairman of the Board of Veterans
Appeals shall submit to the Committees on Veterans Affairs of
the House of Representatives and the Senate a report that
includes the findings of the study required by paragraph (1).
(g) Independent Assessment of Potential Modifications to Authority
of Board of Veterans' Appeals.--
(1) Agreement.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall seek to enter into an agreement with a federally funded
research and development center under which the center shall
conduct an assessment of the feasibility of modifying the
authority of the Board of Veterans' Appeals established under
chapter 71 of title 38, United States Code, to permit the Board
to issue precedential decisions with respect to questions of
law or fact arising in matters before the Board.
(2) Report; briefings.--If the Secretary fails to finalize
an agreement with a federally funded research and development
center under paragraph (1) before the date that is 180 days
after the date on which the Secretary enters negotiations with
respect to such agreement, the Secretary shall--
(A) submit to the Committees on Veterans' Affairs
of the House of Representatives and the Senate a report
that includes--
(i) an explanation of the reasons the
Secretary failed to satisfy such requirement;
and
(ii) an estimate of the date on which the
Secretary will finalize the agreement under
paragraph (1); and
(B) not less frequently than once every 60 days
after the date on which the Secretary failed to satisfy
such requirement, provide to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives a briefing on
the progress of the Secretary toward finalizing such
agreement.
(3) Assessment.--A federally funded research and
development center that enters into an agreement under
subsection (a) shall, in consultation with veterans service
organizations, veterans' and survivors' advocate groups,
relevant legal experts, and the Chair of the Administrative
Conference of the United States (or the designee or designees
of such Chair) submit to the Secretary a written assessment
that includes the following:
(A) The determination of the center of whether
modifying the authority of the Board to permit the
Board to issue precedential decisions with respect to
questions of law or fact arising in matters before the
Board is feasible.
(B) An assessment of the authority of the Bo