Section 1 Short title
This Act may be cited as the “Veterans Disability Claims Notification Improvement Act of 2021”.
Veterans Disability Claims Notification Improvement Act of 2021
A BILL
To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to send electronic notice to claimants under laws administered by the Secretary.
Sec. 2 Authorization of electronic notice in claims under laws administered by the Secretary of Veterans Affairs
Authorization— Title 38, United States Code, is amended as follows:
By striking section 5100 and inserting the following:
“5100. Definitions
“In this chapter:
“(1) The term “claimant” means any individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary.
“(2) The term “notice” means a communication issued through means (including electronic means) prescribed by the Secretary.”
In section 5104, by adding at the end the following new subsection:
“(c) The Secretary may provide notice under subsection (a) electronically if a claimant (or the claimant’s representative) elects to receive such notice electronically. A claimant (or the claimant’s representative) may revoke such an election at any time, by means prescribed by the Secretary.
“(d) The Secretary shall annually—
“(1) solicit recommendations from stakeholders on how to improve notice under this section; and
“(2) publish such recommendations on a publicly available website of the Department.”
In section 5104B(c), in the matter preceding paragraph (1) by striking “in writing” and inserting “to the claimant (and any representative of such claimant)”.
In section 7104—
in the heading, by adding “; decisions; notice” at the end; and
by striking subsection (e) and inserting the following:
“(e) After reaching a decision on an appeal, the Board shall promptly issue notice (as that term is defined in section 5100 of this title) of such decision to the following:
“(1) The appellant.
“(2) Any other party with a right to notice of such decision.
“(3) Any authorized representative of the appellant or party described in paragraph (2).
“(f) The Secretary may provide notice under subsection (e) electronically if a claimant (or the claimant’s representative) elects to receive such notice electronically. A claimant (or the claimant’s representative) may revoke such an election at any time, by means prescribed by the Secretary.”
In section 7105(b)(1)(A), by striking “mailing” and inserting “issuance”.
In section 7105A(a), by striking “mailed” and inserting “issued”.
In section 7266(a), by striking “mailed” and inserting “issued”.
Clerical amendments—
Chapter 51— The table of sections at the beginning of chapter 51 of such title is amended by striking the item relating to section 5100 and inserting the following:
Chapter 71— The table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 7104 and inserting the following: