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Veteran Appeals Decision Clarity Act

H.R. 5891 · 118th Congress · Oct 3, 2023 · Lineage

A BILL

To amend title 38, United States Code, to improve decisions issued by the Board of Veterans’ Appeals.

Section 1 Short title

This Act may be cited as the “Veteran Appeals Decision Clarity Act”.

Sec. 2 Board of Veterans’ Appeals: elements of decisions

(a)
In general— Subsection (d) of section 7104 of title 38, United States Code, is amended as follows:
(1)
In paragraph (2)—
(A)
in subparagraphs (A) and (B), by striking “; and” both places it appears and inserting a semicolon;
(B)
by redesignating subparagraph (B), as amended, as subparagraph (C); and
(C)
by inserting, after subparagraph (A), the following new subparagraph (B):

“(B) if such evidence was not considered as described in subparagraph (A), identifying the time when such evidence was received and the provision of section 7113 of this title that establishes that such evidence may not be received at such time; and”

(2)
By redesignating paragraph (3) as paragraph (4).
(3)
By inserting, after paragraph (2), the following new paragraph (3):

“(3) the written determination of the Board whether the notice of disagreement was adequate and timely filed under section 7105 of this title; and”

(b)
Conforming amendment— Section 7105 of such title is amended by striking subparagraph (C) of paragraph (1) of subsection (b).