S. 3286 — Veterans Appeals Improvement and Modernization Act 2.0

This section revises deadlines for the evidentiary record before the Board of Veterans' Appeals (BVA) in appeals of VA benefits decisions. (1) For the evidentiary docket (cases with no hearing requested in the notice of disagreement but an opportunity to submit additional evidence requested), the record is limited to evidence submitted within 90 days after receipt of the notice of disagreement. (2) For the hearing docket (cases with a hearing requested), the record is limited to evidence submitted within 90 days after the Board hearing. The section also directs the Secretary of Veterans Affairs to implement policies allowing an appellant to withdraw a BVA appeal by filing a supplemental claim with the agency of original jurisdiction or to move the case between dockets—without losing continuous pursuit priority (i.e., the original filing date for processing priority)—if no new evidence has been submitted, no Board hearing has occurred, and the Board has not decided the case.

This section revises electronic notice requirements for Board of Veterans' Appeals decisions on appeal by requiring delivery by electronic means unless the appellant elects delivery in a manner other than electronic (from requiring an election for electronic delivery), and by authorizing appellants to make or revoke such elections. (The Board of Veterans' Appeals adjudicates appeals of Department of Veterans Affairs decisions on veterans' benefits claims.)

This section revises notice requirements for decisions by the Board of Veterans' Appeals (BVA)—which adjudicates appeals of Department of Veterans Affairs benefits determinations—to specify that such notices must identify the record, including (1) issues adjudicated; (2) a summary of evidence considered; (3) a summary of applicable laws and regulations; (4) findings favorable to the claimant; (5) in denials, elements not satisfied; (6) how to obtain or access evidence used; and (7) if applicable, criteria for service connection or the next higher compensation level.

This section directs the Secretary of Veterans Affairs, not later than one year after the date of enactment of this Act, to complete a review of the electronic systems used to process appeals under chapter 71 of title 38, U.S. Code. The section further directs the Secretary, by the same deadline, to submit to the Senate and House Committees on Veterans' Affairs a plan to ensure (1) seamless integration between systems used to process decisions at agencies of jurisdiction and systems used by the Board of Veterans' Appeals to process appeals for benefits under title 38, U.S. Code, and (2) life-cycle tracking of appeals of decisions regarding assistance or support services under the program of comprehensive assistance for family caregivers (38 U.S.C. §1720G).

This section revises the reconsideration procedures for decisions of the Board of Veterans' Appeals (BVA). It retains the Chairman's authority to order reconsideration—on the Chairman's initiative or claimant motion—by referring single-member decisions to a panel of at least three members or panel decisions to an enlarged panel (excluding original decision-makers), with the new panel's majority decision final after record review; retains the Board's authority to correct obvious errors sua sponte; and establishes a new claimant motion process for de novo review of a single-member decision by a different member or panel, which the Chairman must approve if submitted in writing, in prescribed form, and within the appeal timeframe. (Thus, the evidentiary record for such reviews is limited to evidence in the original decision, and notice must state whether evidence was excluded and describe appeal options.)

This section authorizes the Board of Veterans' Appeals, at the discretion of the member conducting a hearing, to issue a decision in whole or in part during the hearing. (Thus, such decisions are exempt from regular docket order under subsection (a)(4), alongside advancements under subsection (b).)

This section requires the Secretary of Veterans Affairs to submit to Congress and publish annually on a Department website a report on outcomes of appeals under the modernized VA appeals system (i.e., supplemental claim, higher-level review, and Board of Veterans' Appeals options). The report must disaggregate data by (1) type of review, (2) agency of original jurisdiction, (3) nature of issue such as service connection, disability rating, or effective date, (4) body system or diagnostic code, and (5) outcome such as affirmed, reversed, benefit awarded, or remand; all published data must be deidentified.

This section directs the Secretary of Veterans Affairs to seek to enter into an agreement, within 180 days of enactment, with a non-VA entity knowledgeable in the VA appeals process and federal appellate rules to review that process. (As background, the VA appeals process involves initial decisions by agencies of original jurisdiction—typically VA regional offices—with appeals to the Board of Veterans' Appeals, where remands return cases for further development and can delay benefits for veterans.) The required review elements are (1) joint motions for remand in Board decisions, (2) remands by the Board of agency of original jurisdiction decisions, and (3) recommendations for legislative or administrative actions to improve decision quality and reduce remands.

This section directs the Comptroller General of the United States to review the Department of Veterans Affairs' implementation of precedential decisions issued by the United States Court of Appeals for Veterans Claims or the VA's Office of the General Counsel. The review must cover (1) circumstances and factors limiting issuance of such decisions; (2) the VA's training and guidance processes for claims processors and their effect on compliance; (3) accuracy of claims decisions applying new precedent; (4) effects of precedential decision structure or type on implementation; (5) stakeholder perspectives on training, guidance, and quality assurance; and (6) other challenges and opportunities for improvement as determined by the Comptroller General. Not later than two years after enactment, the Comptroller General must submit a report on the review's findings to the Senate and House Committees on Veterans' Affairs.