HR3835-119

What This Bill Does

The Veterans Appeals Efficiency Act focuses on VA claims tracking, remands, and aggregate appeals. VA must report annually to the House and Senate Veterans' Affairs Committees on the average time remanded claims or issues remain pending after Board of Veterans' Appeals remand, docket-advancement motions granted or denied and reasons, and Board dismissals including whether dismissals were due to appellant death and whether that death was suicide. New section 5109C requires VA to use technology to track timeliness and status for continuously pursued claims, claims filed in the National Work Queue but not yet assigned to a VBA office, claims given expeditious treatment, claims remanded by the Board, claims pending a Board hearing, adjudicator noncompliance with Board remands including duty-to-assist failures, supplemental claims filed after final decisions, and first death notices for beneficiaries with or without fiduciaries. VA must report annually on all tracked information, with the first report due within one year. The Board chairman may aggregate appeals involving common questions of law or fact once VA develops required policies. Board members must ensure substantial compliance with remand decisions, though the agency of original jurisdiction can waive remand compliance when new evidence resolves the issue or the remand was unnecessary, and the Board must explain the waiver. VA must report every five years on aggregation use and efficiency. The Court of Appeals for Veterans Claims receives supplemental jurisdiction in covered class-certification proceedings over benefit claims fitting the class definition after nonfinal agency decisions and notices of disagreement, with special timing rules for class members seeking administrative review.

Who Benefits and How

Veterans with remanded claims benefit from VA tracking and reporting on post-remand delay and remand compliance. Veterans awaiting Board hearings benefit from technology tracking of hearing-pending claims. Veterans pursuing similar legal issues benefit if the Board can aggregate appeals with common law or fact questions. Veterans class-action claimants benefit from expanded Court supplemental jurisdiction and administrative-review timing rules. Veterans' advocates benefit from annual and five-year reports exposing delay, dismissals, suicide-related dismissals, and aggregation performance.

Who Bears the Burden and How

VA benefits technology staff must track detailed claim categories, timeliness, death notices, and remand noncompliance. Board of Veterans' Appeals members must manage aggregation, remand compliance, waiver determinations, and reporting. Veterans Benefits Administration adjudicators face increased scrutiny when they fail to comply with Board remands. Court of Appeals for Veterans Claims staff must handle class-certification-related supplemental jurisdiction. VA reporting staff must submit annual and five-year reports to veterans committees.

Key Provisions

• Requires annual VA reports on remanded claim delays, docket-advancement motions, and Board dismissals.
• Requires VA technology tracking for continuously pursued, unassigned, expedited, remanded, hearing-pending, supplemental, and death-notice claims.
• Requires tracking of VBA adjudicator noncompliance with Board remand decisions.
• Authorizes Board aggregation of appeals with common law or fact questions.
• Requires substantial compliance with Board remands unless a Board member approves a waiver.
• Requires five-year reports on aggregated appeals and efficiency.
• Expands Court of Appeals for Veterans Claims supplemental jurisdiction in covered class-certification proceedings.