Mike Bost
Representative for Illinois · Republican · United States
“(B) Elements.--The Secretary, in coordination with participating critical access hospitals, shall ensure that any contract, agreement, or other arrangement entered into under subparagraph (A) establishes criteria, as the Secretary considers appropriate, to ensure-- (i) the provision of timely, safe, and high-quality health care services t…”
“(B) Elements.--The Secretary, in coordination with participating critical access hospitals, shall ensure that any contract, agreement, or other arrangement entered into under subparagraph (A) establishes criteria, as the Secretary considers appropriate, to ensure-- (i) the provision of timely, safe, and high-quality health care services t…”
“(a) In General.--Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows: ``(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual a headstone or marker under this section, or any interment benefit under…”
“(a) In General.--Paragraph (2) of section 2306(h) of title 38, United States Code, is amended to read as follows: ``(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual a headstone or marker under this section, or any interment benefit under…”
“(d) Update of Information on Providers.--Not later than one year after the date of the enactment of this Act, the Secretary, through the Office of Integrated Veteran Care or successor office, shall develop a process to ensure that third party administrators regularly, not less frequently than quarterly-- (1) update their lists of communit…”
“(d) Update of Information on Providers.--Not later than one year after the date of the enactment of this Act, the Secretary, through the Office of Integrated Veteran Care or successor office, shall develop a process to ensure that third party administrators regularly, not less frequently than quarterly-- (1) update their lists of communit…”
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“(c) Conforming Amendment.--Paragraph (2) of such subsection is amended by striking ``physicians assistants, nurse practitioners, audiologists, and psychologists'' and inserting ``health care professionals''. (d) Report.--Not later than the day that is 15 months after the date of the enactment of [[Page H4556]] this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report regarding the use of the authority under section 504 of the Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note), as temporarily amended by section 2002(a)(1) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 38 U.S.C. 5101 note) and this section.”
“``(4) Mechanism for transmittal of evidence introduced by applicants during examinations.--The Secretary shall establish a mechanism whereby a health care professional who conducts medical examinations or opinions under section 5103A(d) of this title may transmit to a veteran's claims file, evidence introduced by the applicant during a medical examination or in conjunction with a medical opinion that examiner used to inform such medical examination or opinion.''. (b) Delayed Sunset of Amendment.--Paragraph (4) of subsection (a) of section 2002 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 38 U.S.C. 5101 note) is amended by striking ``On the date that is five years after the date of the enactment of this Act'' and inserting ``On September 30, 2033''.”
“``(3) Source of funds.--Expenses of carrying out this section, including payments for examination travel and incidental expenses under the terms and conditions set forth by section 111 of this title, shall be reimbursed to the accounts available for the general operating expenses of the Veterans Benefits Administration and information technology systems from amounts available to the Secretary for payment of compensation and pensions.”
“5101 note), is further amended, subject to the sunset in paragraph (4) of such subsection, by striking paragraph (2) of subsection (c) and inserting the following: ``(2) Health care professional described.--A health care professional described in this paragraph is a person who is eligible for appointment to a position in the Veterans Health Administration covered by section 7402(b) of title 38, United States Code, who-- ``(A) has a current and unrestricted license to practice the health care profession for which they are licensed; ``(B) is not barred from practicing such health care profession in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and ``(C) is performing authorized duties for the Department pursuant to a contract entered into under subsection (a).”
“(2) Protection of existing ratings.--The revisions to the schedule for rating disabilities made pursuant to this section may not serve as the basis for reducing, discontinuing, or otherwise adversely affecting compensation that was in effect on the day before the date of the enactment of this Act. SEC. 109. IMPROVEMENTS TO TEMPORARY LICENSURE REQUIREMENTS FOR CONTRACT HEALTH CARE PROFESSIONALS WHO PERFORM MEDICAL DISABILITY EXAMINATIONS FOR THE DEPARTMENT OF VETERANS AFFAIRS. (a) Expansion.--Section 504 of the Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note), as amended by paragraph (1) of subsection (a) of section 2002 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (Public Law 116-315; 38 U.S.C.”
“(2) A grade of disability of 10 percent shall be assigned for tinnitus only when tinnitus is diagnosed as associated with service-connected (as defined in section 101(16) of title 38, United States Code) hearing loss that is otherwise noncompensable under the laws administered by the Secretary. (c) Applicability.-- (1) In general.--The revisions to the schedule for rating disabilities adopted and applied under section 1155 of title 38, United States Code, made pursuant to this section shall apply with respect to claims filed on or after October 1, 2026.”
“(D) A grade of disability of 100 percent shall be assigned for sleep apnea syndrome only if there is also end-organ damage. (2) Qualifying comorbid conditions.--For purposes of paragraph (1)(C)(i), a comorbid condition is a condition that, in the opinion of a qualified medical provider, directly impedes or prevents the use of, or implementation of, a recognized form of treatment intervention normally shown to be effective. (b) Ratings for Tinnitus.--The Secretary of Veterans Affairs shall revise the schedule for rating disabilities adopted and applied under section 1155 of title 38, United States Code, as follows: (1) Except as provided in paragraph (2), tinnitus may not be assigned a separate compensable disability rating.”
“(a) Ratings for Sleep Apnea.-- (1) In general.--The Secretary of Veterans Affairs shall revise the schedule for rating disabilities adopted and applied under section 1155 of title 38, United States Code, as follows: (A) A grade of disability of 0 percent shall be assigned for sleep apnea syndrome when the syndrome is asymptomatic, with or without treatment. (B) A grade of disability of 10 percent shall be assigned for sleep apnea syndrome when treatment yields incomplete relief. (C) A grade of disability of 50 percent shall be assigned for sleep apnea syndrome only if-- (i) treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid conditions; and (ii) there is no end-organ damage.”
“(2) Correct labeling of documents.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a plan to ensure that documents in the Veterans Benefits Management System (or any successor system) are correctly labeled when such documents are uploaded, including when such documents are labeled using automation tools. SEC. 108. REFORMS RELATING TO DEPARTMENT OF VETERANS AFFAIRS DISABILITY RATINGS.”
“(B) Definitions.--In this subsection: (i) The term ``covered situation'' means-- (I) any increase in the amount of dependency compensation paid to a beneficiary for a child under the laws administered by the Secretary; and (II) any educational assistance paid to the child of a veteran under the laws administered by the Secretary. (ii) The term ``child'' has the meaning given such term in section 101(4)(A)(iii) of title 38, United States Code.”
“(e) Other Requirements Relating to Technology at Department of Veterans Affairs.-- (1) Automatic notices regarding benefits for certain children of veterans.-- (A) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement policies, processes, and technological capabilities, including in the National Work Queue (or successor system), to ensure that, in the case of any covered situation, a claims processor is made aware of, and assigned to address, such covered situation.”
“(5) A timeline for modifying and implementing any automation tool for use by such elements for such purpose. (d) Priority.--In providing or expanding an automation tool described in subsection (b) to elements of the Department pursuant to the plan required under subsection (a), the Secretary shall give priority to the following elements: (1) The Compensation Service. (2) The Pension and Fiduciary Service of the Veterans Benefits Administration. (3) The Education Service of the Veterans Benefits Administration. (4) Program offices of the Veterans Benefits Administration, as determined by the Secretary. (5) The Debt Management Center. (6) The Board of Veterans' Appeals.”
“(c) Analysis.--In developing the plan required under subsection (a), the Secretary shall conduct an analysis of each of the following: (1) The feasibility and benefits of the use of an automation tool described in subsection (b) by elements of the Department for the purpose of processing claims under laws administered by the Secretary. (2) Any modification to an existing automation tool that could render such tool usable for such purpose by such an element. (3) Any requirement of any such element pertaining to such purpose that cannot be addressed by using an automation tool. (4) The extent to which the technology offices of such elements may need to collaborate with the technology office responsible for developing an automation tool in the course of the development and use of the tool by the element for such purpose.”
“(b) Automation Tool Described.--An automation tool described in this subsection is a technology developed for the Compensation Service of the Veterans Benefits Administration that-- (1) automates the retrieval of the service record or health records of a veteran; (2) compiles evidence relevant to the determination of a claim for benefits under laws administered by the Secretary; (3) provides automated decision support relevant to such a determination; (4) automates information sharing between Federal agencies; and (5) assists in generating correspondence regarding such a claim.”
“(a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives the plan of the Secretary to make available, to the maximum extent practicable, an automation tool described in subsection (b) to elements of the Department of Veterans Affairs for the purpose of processing claims under laws administered by the Secretary.”
“``(c) Sunset.--This section shall terminate on the date that is five years after the date of the enactment of the Take Care of America's Veterans Act.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 533 the following new item: ``534. Annual report on causes of death among veterans''. SEC. 107. PLAN FOR USE OF AUTOMATION TOOLS TO PROCESS CLAIMS UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.”
“``(b) Elements.--Such report shall include-- ``(1) for each veteran that died during the period covered by the report an identification of-- ``(A) whether such veteran had a service-connected disability rated as total; ``(B) the primary cause of death; ``(C) the secondary cause of death, if applicable; and ``(D) the manner of death; ``(2) for each primary cause of death identified pursuant to paragraph (1), a statement of the total number of veterans that died from such primary cause of death during the period covered by the report; and [[Page H4555]] ``(3) for each manner of death identified pursuant to paragraph (1), a statement of the total number of veterans that died in such manner during the period covered by the report.”
“Annual report on causes of death among veterans ``(a) In General.--The Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an annual report that contains data and information on causes of death among veterans.”
“(B) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report that includes-- (i) the findings of the study required by subparagraph (A); (ii) a statement of which issues identified pursuant to such study about which the Office of the General Counsel of the Department intends to publish an opinion; and (iii) a timeline for the publication of any such opinion. SEC. 106. ANNUAL REPORT ON CAUSES OF DEATH AMONG VETERANS. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 534.”
“(2) Study and report on certain ogc opinions.-- (A) Study.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Office of the General Counsel of the Department of Veterans Affairs and the Chairman of the Board of Veterans' Appeals, shall complete a study to identify-- (i) issues about which an opinion from the Office of the General Counsel of the Department would foster consistency in the decisions of the Secretary with respect to claims for benefits under the laws administered by the Secretary; and (ii) issues raised in appeals of such decisions to the United States Court of Appeals for Veterans Claims before the date of the enactment of this Act about which the Office of the General Counsel has had inconsistent opinions in matters involving substantially similar questions of law or fact.”
“(d) Notice of Avoidable Deferrals of Claims for Benefits Under Laws Administered by the Secretary of Veterans Affairs; Study and Report on Certain Opinions of Department of Veterans Affairs Office of General Counsel.-- (1) Notice of avoidable deferrals.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop policies, procedures, and technological capabilities to ensure that each employee of the Veterans Benefits Administration that commits an avoidable deferral with respect to a claim for benefits under the laws administered by the Secretary of Veterans Affairs in the National Work Queue is notified of any avoidable deferrals that such employee commits with respect to the same claim.”
“(B) Report.--The Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on such plan by not later than six months after the date of the enactment of this Act.”
“(5) Plan for improvements to quality in decisions of board.-- (A) In general.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Chairman of the Board of Veterans' Appeals and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall develop a plan to-- (i) improve the quality of decisions of the Board to remand, pursuant to section 7104 of title 38, United States Code, claims for a benefit under a law administered by the Secretary to the Secretary for further action; and (ii) mitigate the number of such decisions that are unnecessary under any applicable law or regulation.”
“(B) Deadlines.--The Secretary shall submit the first reports required by subsections (a) and (b) of section 7115 of such title (as added by paragraph (1)) by not later than one year after the date of the enactment of this Act. (C) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7114 the following new item: ``7115. Annual report on Board of Veterans' Appeals''.”
“(4) Annual reports for board of veterans' appeals.-- (A) In general.--Chapter 71 of title 38, United States Code, is amended by inserting after section 7114 the following new section: ``Sec. 7115. Annual report on Board of Veterans' Appeals ``The Chairman of the Board shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an annual report that includes, for each decision of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further adjudication during the period covered by the report, a statement of the reasons for such decision of the Board, disaggregated by decisions on-- ``(1) claims with a rating decision dated on or after February 19, 2019; and ``(2) claims with a rating decision dated before such date.''.”
“(B) Notice of remanded decision for certain employees.-- Such section is further amended in-- (i) subsection (e)-- (I) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (II) by striking ``After'' and inserting ``(1) After''; and (III) by adding at the end the following new paragraph: ``(2) If, pursuant to a decision on an appeal, the Board remands a claim for a benefit under a law administered by the Secretary for further action, the Secretary shall, to the maximum extent practicable, issue a copy of such decision to each employee of the Veterans Benefits Administration who committed the error resulting in the decision of the Board to remand, when applicable.''; and (ii) in subsection (g), as redesignated by subsection (b)(4)(B)(i), by striking ``under subsection (e)'' and inserting ``under paragraph (1) of subsection (e)''.”
“(3) Decisions of board to remand.-- (A) Information relating to decisions to remand.--Section 7104 of such title is amended in subsection (d)-- (i) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (ii) by inserting before paragraph (2) (as so redesignated), the following new paragraph: ``(1) with respect to a claim that the Board remands for further action, a statement of the specific reasons such claim was remanded, including any failure on the part of the Secretary to comply with-- ``(A) the Secretary's duty to assist under section 5103A of this title; and ``(B) the Secretary's duty to notify under section 5103 of this title;''.”
“(B) Performance reviews of members of the board.--Section 7101A of such title is amended-- (i) in subparagraph (B) of subsection (c)(1) by striking ``not less often than once every three years'' and inserting ``not less often than annually''; and (ii) by adding at the end the following new subsection: ``(h)(1) With respect to any performance review of a covered employee, the Secretary may not consider the timeliness or quality of work of any Member of the Board. ``(2) In this subsection, the term `covered employee' has the meaning given such term in section 7101B of this title.''.”
“``(e) Covered Employee Defined.--In this section, the term `covered employee' means an employee of the Board who is-- ``(1) not a member of the Board; and ``(2) responsible for drafting decisions of the Board.''. (ii) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7101A the following new item: ``7101B. Training program for Members of Board on timely and correct adjudication of appeals.''.”
“In developing such method, the Secretary shall consider best practices for assessing the effectiveness of training programs, including the Kirkpatrick evaluation model. ``(d) Report.--The Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an annual report on the program required by subsection (a) that includes, with respect to the period covered by the report-- ``(1) a statement of the topics of the training provided pursuant to this section, disaggregated by-- ``(A) mandatory training; and ``(B) non-mandatory training; and ``(2) the results of the assessment of the effectiveness of such program required under subsection (c).”
“``(b) Required Considerations.--In carrying out the program required by subsection (a), the Secretary shall consider the following: ``(1) Feedback, if any, from members of the Board and covered employees with respect to such program. ``(2) Data on errors in decisions of the Board maintained pursuant to the program for quality assurance required by subsection (f) of section 7101 of this title. ``(3) Any decision of the Court of Appeals for Veterans Claims to remand a claim for benefits under the laws administered by the Secretary to the Board for further action, including a joint motion to remand such claim. ``(c) Assessments of Effectiveness.--The Secretary, in conjunction with the Chairman of the Board of Veterans' Appeals, shall develop a method to assess, on an annual basis, the effectiveness of the training program under this section.”
“(2) Training program for certain employees of board of veterans' appeals; performance reviews.-- (A) Training program.-- (i) In general.--Chapter 71 of such title (as amended by paragraph (1)) is further amended by inserting after section 7101A the following new section: [[Page H4554]] ``Sec. 7101B. Training program for members of Board on timely and correct adjudication of appeals ``(a) In General.--The Secretary, in conjunction with the Chairman of the Board of Veterans' Appeals, shall develop and carry out a program to provide Members of the Board training on timely and correct adjudication of appeals under this chapter.”
“``(4) The Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an annual report on the program required by this subsection that includes, with respect to the period covered by the report, an identification of-- ``(A) elements, if any of the process of the Board for reviewing an appeal under this chapter that lead to errors in decisions of the Board; and ``(B) the most common reasons that a claim for a benefit under a law administered by the Secretary was remanded to such Board by the Court of Appeals for Veterans Claims.''. (B) Deadline.--The Secretary shall submit the first report required by paragraph (2) of such section (as added by subparagraph (A)) by not later than one year after the date of the enactment of this Act.”
“``(2) In developing policies and procedures to measure quality in decisions of the Board pursuant to clause (i) of subparagraph (A) of paragraph (1), the Chairman shall consider the data and trends maintained and identified pursuant to clause (ii) of such subparagraph. ``(3) The Chairman may use technology, including artificial intelligence, to maintain such data and identify such trends.”
“Under such program, the Chairman shall-- ``(A) develop policies and procedures for-- ``(i) measuring quality in such decisions; ``(ii) maintaining data and identifying trends with respect to-- ``(I) errors in such decisions; ``(II) errors in decisions remanded or returned to the Board by the Court of Appeals for Veterans Claims; and ``(III) specific members of the Board that issued decisions that were subsequently vacated by the Court of Appeals for Veterans Claims; and ``(iii) ensuring any such decision of the Board to remand a claim for a benefit under a law administered by the Secretary is necessary under any applicable law or regulation; ``(B) with respect to a claim for such a benefit that is remanded to the Board by the Court of Appeals for Veterans Claims-- ``(i) inform any employee of the Board responsible for drafting the decision of the Board with respect to such claim that such decision was remanded; ``(ii) provide any such employee with a copy of the relevant order of the Court of Appeals for Veterans Claims (including a copy of any accompanying joint motion for remand); and ``(iii) provide incentives to such employees to review such relevant orders and joint motions for remand; and ``(C) ensure, to the maximum extent practicable, that any error identified by the Board under such program is corrected before the date on which the Board issues the final decision associated with such error.”
“(E) Definitions.--In this paragraph: (i) The term ``FFRDC'' means a federally funded research and development center. (ii) The term ``veterans service organization'' means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. (c) Improvements to System for Adjudication of Claims for Benefits Under Laws Administered by Secretary of Veterans Affairs.-- (1) Program for quality assurance in decisions of board of veterans' appeals; performance reviews.-- (A) In general.--Section 7101 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f)(1) The Chairman shall carry out a program to ensure quality in the decisions of the Board.”
“(D) Report; implementation.-- (i) In general.--Not later than 90 days after the Secretary receives the assessment under subparagraph (C), the Secretary shall-- (I) submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of such assessment; and (II) begin developing policies and procedures to implement the recommendations in the assessment with respect to the authority of the Board of Veterans' Appeals referred to in subparagraph (C). (ii) Deadline.--The Secretary shall complete the development of the policies and procedures required under clause (i)(II) and submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of such policies and procedures not later than six months after the date on which the Secretary begins developing such policies and procedures.”
“(ee) Safeguards to ensure that aggregation of appeals does not diminish the requirement that each appeal be decided based on the individual facts, evidence, and circumstances specific to the claimant. (ff) Recommendations regarding quality review procedures and oversight mechanisms to monitor the impact of aggregation on claim accuracy, consistency, timeliness, and claimant outcomes.”
“(II) The recommendations shall include, but not be limited to, the following: (aa) How the Board should provide notice to claimants of the Board's intent to aggregate their claim. (bb) This shall include standards for ensuring that information provided to claimants regarding aggregation is written in plain language and clearly explains the potential effects of aggregation on adjudication timelines, appeal rights, and participation options. (cc) The options the Board should provide to claimants to opt out of participation in aggregation of their claim. (dd) The rights of the claimants to appeal decisions that arise out of aggregation of claims, and whether or not such rights may be limited by existing statute, regulation, or judicial decisions.”
“(iii)(I) The recommendations of the FFRDC with respect to rules or principles to which the Board should adhere when aggregating appeals for review pursuant to section 7104(a) of title 38, United States Code, as so amended, including-- (aa) whether the use of an opt-out system is appropriate in a class certification described in section 7104(a) of title 38, United States Code, as amended; (bb) whether aggregation described in clause (ii) is better carried out by one member, or a panel of members, of the Board; (cc) whether such aggregation may be accomplished in accordance with section 7107 of title 38, United States Code; and (dd) how an accredited representative, attorney, or authorized agent may be selected to represent a class before the Board.”
“(ii) An assessment of the authority of the Board of Veterans' Appeals to aggregate, for review, more than one appeal under chapter 71 of such title that involves common questions of law or fact pursuant to section 7104 of such title, as amended by paragraph (4)(A).”
“(C) Assessment.--An FFRDC that enters into an agreement under subparagraph (A) shall, in consultation with veterans service organizations, veterans' and survivors' advocate groups, relevant legal experts, and the Chair of the Administrative Conference of the United States (or the designee or designees of such Chair) submit to the Secretary a written assessment that includes the following: (i) The determination of the FFRDC of whether modifying the authority of the Board to permit the Board to issue precedential decisions with respect to questions of law or fact arising in matters before the Board is feasible.”
“(B) Report; briefings.--If the Secretary fails to finalize an agreement with an FFRDC under subparagraph (A) before the date that is 180 days after the date on which the Secretary enters negotiations with respect to such agreement, the Secretary shall-- (i) submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report that includes-- (I) an explanation of the reasons the Secretary failed to satisfy such requirement; and (II) an estimate of the date on which the Secretary will finalize the agreement under subparagraph (A); and (ii) not less frequently than once every 60 days after the date on which the Secretary failed to satisfy such requirement, provide to the Committees on Veterans' Affairs of the House of Representatives and the Senate a briefing on the progress of the Secretary toward finalizing such agreement.”
“(7) Independent assessment of potential modifications to authority of board of veterans' appeals.-- (A) Agreement.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with an FFRDC under which the FFRDC shall conduct an assessment of the feasibility of modifying the authority of the Board of Veterans' Appeals established under chapter 71 of title 38, United States Code, to permit the Board to issue precedential decisions with respect to questions of law or fact arising in matters before the Board.”
“(6) Study and report on common questions of law or fact before board of veterans' appeals.-- (A) Study.--The Chairman of the Board of Veterans' Appeals shall carry out a study to identify questions of law or fact the Board commonly considers when reviewing appeals pursuant to section 7104 of title 38, United States Code, for which precedential guidance would assist the Board in issuing final decisions on such appeals. The Chairman may use artificial intelligence and other technology in carrying out such study. (B) Report.--Not later than one year after the date of the enactment of this Act, the Chairman of the Board of Veterans Appeals shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a report that includes the findings of the study required by subparagraph (A).”
“``(B) The period of time within which the Board is required to issue a decision on the relevant question identified in a limited remand. ``(C) Guidelines for when the Court may grant a request for a limited remand. ``(D) Guidelines for when the Court may decide sua sponte to issue a limited remand without a request from any party. ``(E) A requirement that the parties to an appeal for which a limited remand is issued provide notice to the Court when the Board [[Page H4553]] issues its decision on the relevant question identified in the limited remand. ``(3) With respect to any matter remanded to the Board pursuant to paragraph (1), the Court shall-- ``(A) retain jurisdiction over such matter; and ``(B) stay the proceedings of the Court on such matter until the date on which the Board issues the decision required by such remand.''.”
“``(c)(1) In the case of a claim for benefits under the laws administered by the Secretary, the Court may remand a matter to the Board of Veterans' Appeals for the limited purpose of ordering the Board to address a question of law or fact if the Court determines the Board failed to-- ``(A) address, in the relevant decision of the Board, an issue that-- ``(i) the claimant or the representative of the claimant raised; or ``(ii) was reasonably raised by the evidentiary record of the claim; or ``(B) provide adequate reasons or bases for the decision of the Board with respect to such question. ``(2) The Court shall issue Rules that provide for each of the following: ``(A) When and how a party to an appeal (either the appellant or the Secretary) may request that the Court issue a limited remand.”
“``(3) In the case of a claimant whose claim is decided by the Board during the period when the Court is reviewing the motion for class action review the deadline for such claimant to file an appeal to the Court with respect to the decision of the Board shall be tolled if the Court denies the motion for class action review.”
“``(2) A claimant may submit a request for administrative review of such a claim under section 5104C(a) of this title during the period beginning on the date on which the named claimant of the motion for class action review submits to the Court a motion for class action review and ending on the date that is 60 days after the later of the following dates: ``(A) The date on which the Court issues a final decision with respect to such claim. ``(B) The date on which the Court issues a final decision with respect to such motion for class action review.”
“(5) Expansion of jurisdiction of court of appeals for veterans claims.--Section 7252 of title 38, United States Code, is amended-- (A) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and (B) by inserting after subsection (a) the following new subsections: ``(b)(1) In an appeal over which the Court has jurisdiction pursuant to section 7266 of this title, if the appellant files a request for class certification pursuant to the rules prescribed by the Court pursuant to section 7264 of this title, the Court shall have supplemental jurisdiction over any claim for benefits under the laws administered by the Secretary-- ``(A) filed by a claimant who satisfies the definition of the class contained in such request (including a claimant who has filed a claim for benefits under such laws that are specified in such request); and ``(B) regarding which-- ``(i) the agency of original jurisdiction has issued a nonfinal decision; and ``(ii) the claimant has filed a notice of disagreement under section 5104C(a) or section 7105 of this title, including any case in which a claimant has filed a supplemental claim within one year of a Board decision under section 5110(a)(2)(D) and 5108 of this title following a notice of disagreement and decision of the Board.”