Union Calendar No. 549
119th CONGRESS 2d Session |
[Report No. 119–633]
To amend title 38, United States Code, to limit the authority of the Secretary of Veterans Affairs to deny the claim of a veteran for benefits under the laws administered by such Secretary on the sole basis that such veteran failed to appear for a medical examination associated with such claim.
March 14, 2025
Mr. Luttrell (for himself, Mr. McGarvey, Mr. Weber of Texas, and Mr. Pfluger) introduced the following bill; which was referred to the Committee on Veterans' Affairs
May 4, 2026
Additional sponsors: Mr. Mills, Mr. Vindman, Mr. Neguse, Mr. Thompson of California, Mrs. Kiggans of Virginia, and Mr. Hernández
May 4, 2026
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on March 14, 2025]
To amend title 38, United States Code, to limit the authority of the Secretary of Veterans Affairs to deny the claim of a veteran for benefits under the laws administered by such Secretary on the sole basis that such veteran failed to appear for a medical examination associated with such claim.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SEC. 2. Prohibition on denial of claims for benefits under laws administered by Secretary of Veterans Affairs on sole basis that veteran failed to appear for certain medical examination.
Subsection (d) of section 5103A of title 38, United States Code, is amended—
(2) in paragraph (2), by striking “treat an examination or opinion as being necessary to make a decision on a claim for purposes of ” and inserting “provide for a medical examination or obtain a medical opinion under”; and
SEC. 3. 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—
(B) by adding at the end the following new subsection:
“(b) Annual report.—The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate 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;
(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:
“§ 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—
“(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;
“(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;
(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.”.
(2) REQUIREMENT TO ENSURE SUBSTANTIAL COMPLIANCE WITH CERTAIN DECISIONS.—Such section is further amended—
(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—
(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 every five years thereafter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and 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;
(e) Expansion of jurisdiction of Court of Appeals for Veterans Claims.—Section 7252 of title 38, United States Code, is amended—
(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)—
“(2) A claimant 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:
“(3) In the case of a claimant 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 to—
“(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 of time within which the Board is required issue a decision on the relevant question identified in a limited 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 an FFRDC under which the FFRDC 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 an FFRDC 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—
(3) ASSESSMENT.—An FFRDC 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 FFRDC 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.
SEC. 4. Improvements to system for adjudication of claims for benefits under laws administered by Secretary of Veterans Affairs.
(a) Program for quality assurance in decisions of Board of Veterans’ Appeals; performance reviews.—
(1) IN GENERAL.—Section 7101 of title 38, United States Code, is amended by adding at the end the following new subsection:
“(f) (1) The Chairman shall carry out a program to ensure quality in the decisions of the Board. Under such program, the Chairman shall—
“(A) develop policies and procedures for—
“(B) with respect to a claim for such a benefit that is remanded to the Board by the Court of Appeals for Veterans Claims—
“(i) inform any employee of the Board responsible for drafting the decision of the Board with respect to such claim that such decision was remanded;
“(C) ensure, to the maximum extent practicable, that any error identified by the Board under such program is corrected before the date on which the Board issues the final decision associated with such error.
“(2) In developing policies and procedures to measure quality in decisions of the Board pursuant to clause (i) of subparagraph (A) of paragraph (1), the Chairman shall consider the data and trends maintained and identified pursuant to clause (ii) of such subparagraph.
“(3) The Chairman may use technology, including artificial intelligence, to maintain such data and identify such trends.
“(4) The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by this subsection that includes, with respect to the period covered by the report, an identification of—
(b) Training program for certain employees of Board of Veterans’ Appeals; performance reviews.—
(1) TRAINING PROGRAM.—
(A) IN GENERAL.—Chapter 71 of such title (as amended by subsection (a)) is further amended by inserting after section 7101A the following new section:
“§ 7101B. Training program for Members of Board on timely and correct adjudication of appeals
“(a) In general.—The Secretary, in conjunction with the Chairman of the Board of Veterans’ Appeals, shall develop and carry out a program to provide Members of the Board training on timely and correct adjudication of appeals under this chapter.
“(b) Required considerations.—In carrying out the program required by subsection (a), the Secretary shall consider the following:
“(1) Feedback, if any, from members of the Board and covered employees with respect to such program.
“(c) Assessments of effectiveness.—The Secretary, in conjunction with the Chairman of the Board of Veterans’ Appeals, shall develop a method to assess, on an annual basis, the effectiveness of the training program under this section. In developing such method, the Secretary shall consider best practices for assessing the effectiveness of training programs, including the Kirkpatrick evaluation model.
“(d) Report.—The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by subsection (a) that includes, with respect to the period covered by the report—
(2) PERFORMANCE REVIEWS OF MEMBERS OF THE BOARD.—Section 7101A of such title (as amended by paragraph (1)) is amended—
(A) in subparagraph (B) of subsection (c)(1) by striking “not less often than once every three years” and inserting “not less often than annually”; and
(c) Decisions of Board to remand.—
(1) INFORMATION RELATING TO DECISIONS TO REMAND.—Section 7104 of such title is amended in subsection (d)—
(2) NOTICE OF REMANDED DECISION FOR CERTAIN EMPLOYEES.—Such section is further amended in—
(A) subsection (e)—
(iii) by adding at the end the following new paragraph:
“(2) If, pursuant to a decision on an appeal, the Board remands a claim for a benefit under a law administered by the Secretary for further action, the Secretary shall, to the maximum extent practicable, issue a copy of such decision to each employee of the Veterans Benefits Administration who committed the error resulting in the decision of the Board to remand, when applicable.”; and
(d) Annual reports for Board of Veterans’ Appeals.—
(1) IN GENERAL.—Chapter 71 of title 38, United States Code, is amended by inserting after section 7114 the following new section:
“§ 7115. Annual report on Board of Veterans’ Appeals
“The Chairman of the Board shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes, for each decision of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further adjudication during the period covered by the report, a statement of the reasons for such decision of the Board, disaggregated by decisions on—
(e) Plan for improvements to quality in decisions of Board.—
(1) IN GENERAL.—Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Chairman of the Board of Veterans’ Appeals and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall develop a plan to—
SEC. 5. Notice of avoidable deferrals of claims for benefits under laws administered by the Secretary of Veterans Affairs; study and report on certain opinions of Department of Veterans Affairs Office of General Counsel.
(a) Notice of avoidable deferrals.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop policies, procedures, and technological capabilities to ensure that each employee of the Veterans Benefits Administration that commits an avoidable deferral with respect to a claim for benefits under the laws administered by the Secretary of Veterans Affairs in the National Work Queue is notified of any avoidable deferrals that such employee commits with respect to the same claim.
(b) Study and report on certain OGC opinions.—
(1) STUDY.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Office of the General Counsel of the Department of Veterans Affairs and the Chairman of the Board of Veterans’ Appeals, shall complete a study to identify—
(2) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives a report that includes—
SEC. 6. Extension of certain limits on payments of pension.
Section 5503(d)(7) of title 38, United States Code, is amended by striking “November 30, 2031” and inserting “December 31, 2034”.
Union Calendar No. 549 | |||||
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[Report No. 119–633] | |||||
A BILL | |||||
To amend title 38, United States Code, to limit the authority of the Secretary of Veterans Affairs to deny the claim of a veteran for benefits under the laws administered by such Secretary on the sole basis that such veteran failed to appear for a medical examination associated with such claim. | |||||
May 4, 2026 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |