Section 1 Short title
This Act may be cited as the “Protecting Veterans Claim Options Act”.
Protecting Veterans Claim Options Act
A BILL
To amend title 38, United States Code, to establish certain rules of evidence in certain claims under laws administered by the Secretary of Veterans Affairs.
Sec. 2 Certain rules of evidence in certain claims under laws administered by the Secretary of Veterans Affairs
Evidence in supplemental claims—
In general— Subsection (a) of section 5108 of title 38, United States Code, is amended to read as follows:
“(a) In general
“(1)
“(A) The Secretary shall readjudicate a claim if the claimant files a supplemental claim before the date that is one year after the date on which the agency of original jurisdiction issues a decision with respect to such claim.
“(B) In readjudicating a claim under subparagraph (A), the Secretary shall consider all of the evidence of record.
“(2)
“(A) The Secretary shall readjudicate a claim if the claimant presents new and relevant evidence with respect to a supplemental claim—
“(i) more than one year after the date of the decision of the agency of original jurisdiction with respect to such claim;
“(ii) after the Board of Veterans' Appeals issues a decision with respect to such claim; or
“(iii) after the Court of Appeals for Veterans Claims issues a decision with respect to such claim.
“(B) In readjudicating a claim under subparagraph (A), the Secretary shall consider all of the evidence of record and the new and relevant evidence described in such subparagraph.”
Conforming amendments—
Options following decision by agency of original jurisdiction— Section 5104C of such title is amended—
in subsection (a)(1)(B), by striking “section 5108” and inserting “section 5108(a)(1)”; and
in subsection (b), by striking “section 5108” and inserting “section 5108(a)(2)”.
Effective dates of awards— Section 5110(a)(2) of such title is amended—
in subparagraph (B), by striking “section 5108” and inserting “section 5108(a)(1)”; and
in subparagraphs (D) and (E), by striking “section 5108” both places it appears and inserting “section 5108(a)(2)”.
Jurisdiction of the Board of Veterans’ Appeals— Section 7104(b) of such title is amended by striking “section 5108” and inserting “section 5108(a)(2)”.
Retroactivity— The amendments made by this subsection shall apply to supplemental claims filed on or after August 23, 2017.
Regulations— The Secretary of Veterans Affairs shall prescribe regulations to carry out the amendments made by this subsection not later than 180 days after the date of the enactment of this Act.
Evidence in cases remanded by the Court of Appeals for Veterans Claims— Section 7113 of title 38, United States Code, is amended by adding at the end the following new subsection:
“(d) Cases remanded by the Court of Appeals for Veterans Claims
“(1) Except as provided in paragraph (2), for cases remanded to the Board by the Court of Appeals for Veterans Claims, the evidentiary record before the Board shall be limited to the evidence previously considered by the Board in such case.
“(2) The evidentiary record before the Board for cases described in paragraph (1) shall include evidence submitted by the appellant and his or her representative, if any, within 90 days following such remand, which the Board shall consider in the first instance.”