Veterans Claim Transparency Act of 2021
A BILL
To amend title 38, United States Code, to require the Secretary of Veterans Affairs to provide the representative of record of a claimant for compensation or benefits administered by the Secretary an opportunity to review a proposed determination regarding that claim.
Sec. 2 Opportunity for representative of record to review a proposed determination regarding a claim for compensation or benefits administered by the Secretary of Veterans Affairs
“5906. Opportunity for representative of record to review a proposed determination regarding a claim for compensation or benefits
“(a) In general—For each claim for compensation or benefits under this title in which the claimant has designated a representative of record, the Secretary shall provide that representative of record an opportunity to review the proposed determination of the Secretary before it becomes final.
“(b) Representative of record—For purposes of this section, a representative of record of a claimant may be—
“(1) a representative of the claimant recognized under section 5902 of this title; or
“(2) an agent or attorney of the claimant recognized under section 5904 of this title.
“(c) Notice—The Secretary shall submit notification in writing to a representative of record that a proposed determination is ready for review under subsection (a).
“(d) Period for review—Each opportunity to review a proposed determination under subsection (a) for a representative of record of a claimant shall be for a period—
“(1) beginning at the moment the representative receives notification under subsection (b); and
“(2) ending on the earlier of—
“(A) the moment that the claimant or the representative of record indicates to the Secretary that the claimant does not dispute the proposed determination; or
“(B) the moment that is 48 hours after the moment described in paragraph (1).
“(e) Limitation—The Secretary may not make a proposed determination, subject to a period of review under this section, final until after the period under subsection (d).”