Review Every Veterans Claim Act of 2025
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The bill would bar the Department of Veterans Affairs from denying a veteran's benefits claim solely because the veteran missed a VA-scheduled medical exam, and would add new reporting, tracking, and process requirements aimed at speeding up claims and appeals decisions.
It would also expand the U.S. Court of Appeals for Veterans Claims' authority to hear class-action-style claims, let the Board of Veterans' Appeals combine similar appeals, and extend an existing pension payment limit from 2031 to 2034.
What this bill would do
What it would do
The bill would prohibit the VA from denying a benefits claim on the sole basis that the veteran failed to appear for a VA-provided medical examination tied to that claim. It would also require the VA and the Board of Veterans' Appeals to track and annually report data on remanded claims, docket-advancement motions, dismissed appeals, and untracked claims stuck in the National Work Queue. The Board would gain new authority to aggregate appeals raising common legal or factual questions, and the Secretary would have to ensure "substantial compliance" with Board remand orders. The bill would further expand the Court of Appeals for Veterans Claims' jurisdiction to include class-action-style claims and limited remands to the Board, create a Board quality-assurance and training program, commission an outside feasibility study on precedential Board decisions, and extend an existing statutory limit on certain pension payments from November 30, 2031, to December 31, 2034. It would not create new benefit categories or increase payment amounts.
Key provisions
- 1Would prohibit the VA from denying a benefits claim solely because the veteran failed to appear for a VA-provided medical examination
- 2Would require the VA to submit annual reports on remand processing times, docket-advancement motions, and dismissed appeals
- 3Would require the VA to use technology to track and annually report on claims stuck in queues, non-compliant remands, and supplemental claims
- 4Would let the Board of Veterans' Appeals aggregate appeals involving common legal or factual questions and require substantial compliance with remand orders
- 5Would expand the Court of Appeals for Veterans Claims' jurisdiction to hear class-action-style claims and issue limited remands to the Board
- 6Would establish a Board quality-assurance program and a training program for Board members on timely, correct adjudication
- 7Would extend an existing limit on certain VA pension payments from November 30, 2031, to December 31, 2034
Who would be affected
Veterans with pending claims or appeals for VA benefits, particularly those who miss scheduled medical exams; the Veterans Benefits Administration and its adjudicators; the Board of Veterans' Appeals and its members and staff; the U.S. Court of Appeals for Veterans Claims; and veterans receiving pensions subject to the payment-limit provision.
Why it matters
Veterans who miss VA medical exams for reasons like transportation, health, or scheduling conflicts would no longer risk automatic claim denial. The added reporting, tracking, aggregation, and class-action authority are meant to reduce delays and inconsistency in a claims and appeals system veterans and advocates have long criticized as slow and opaque.
What would change
Changes to existing law
Amends 38 U.S.C. § 5103A (Sec. 2)
Bars the VA from denying a claim solely because the veteran failed to appear for a VA medical exam.
Amends 38 U.S.C. § 5109B (Sec. 3(a))
Adds a requirement for an annual report to Congress on remand processing times and docket-advancement motions.
Creates 38 U.S.C. § 5109C (Sec. 3(c))
Creates a new section requiring the VA to track and report data on queued, remanded, and untracked claims.
Amends 38 U.S.C. § 7104 (Sec. 3(d))
Allows the Board to aggregate appeals with common questions and requires substantial compliance with remand decisions.
Amends 38 U.S.C. § 7252 (Sec. 3(e))
Grants the Court of Appeals for Veterans Claims supplemental jurisdiction over class-action-style claims and limited remands.
Amends 38 U.S.C. § 7101 (Sec. 4(a))
Establishes a Board quality-assurance program tracking decision errors and remand trends.
Amends 38 U.S.C. § 5503(d)(7) (Sec. 6)
Extends the sunset date on a limit for certain pension payments from November 30, 2031, to December 31, 2034.
Agencies directed to act
Effective dates
- First annual report on remand processing times and docket motions
- Guidelines for advancing cases on the Board's docket
- First annual report on tracked and queued claims under new section 5109C
- Board aggregation-authority amendment
- Study and report on common questions of law before the Board
- Agreement with an FFRDC to assess precedential Board decision authority
- First report on the Board quality-assurance program
- Plan and report on improving quality of Board remand decisions
- Policies and study/report on avoidable deferrals and OGC opinion consistency
Funding and costs
How implementation would work
The VA and Board of Veterans' Appeals would need to build new tracking technology, issue implementing guidelines, and file a series of annual reports to the House and Senate Veterans' Affairs Committees on remand times, docket motions, dismissed appeals, and Board decision quality. The Board would develop training and quality-assurance programs, the Secretary would contract with a federally funded research center to study precedential-decision authority, and the Court of Appeals for Veterans Claims would issue new procedural rules for class-action-style claims and limited remands, most within one year of enactment.
Legislative status & sources
Latest action
Placed on the Union Calendar, Calendar No. 549.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill prohibits the Department of Veterans Affairs (VA) from denying a claim for benefits on the sole basis that a veteran failed to appear for a medical examination provided by the VA in conjunction with the claim for benefits.
Legislative subjects
Armed Forces and National Security; Veterans' medical care; Veterans' pensions and compensation
Committee report
H. Rept. 119-633