H.R. 3834 — Protecting Veteran’s Claim Options Act

This section (1) prohibits the Board of Veterans' Appeals from denying relief—including by declining to review the merits—in an appeal of a decision under 38 U.S.C. 5108 regarding a supplemental claim submitted under 38 U.S.C. 5104C(a)(1)(B) solely because the appellant did not present or secure new and relevant evidence for such claim; and (2) for cases remanded to the Board by the Court of Appeals for Veterans Claims, limits the evidentiary record to evidence previously considered by the Board, except that it includes evidence submitted by the appellant (or representative) within 90 days of remand, which the Board must consider in the first instance. (As background, the Board decides appeals of Department of Veterans Affairs claim denials; supplemental claims allow veterans to submit new and relevant evidence to reopen previously denied claims; and Court of Appeals for Veterans Claims remands require the Board to follow the court's instructions.)