Protecting Veteran’s Claim Options Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3834 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3834

To amend title 38, United States Code, to clarify the jurisdiction and 
      certain rules of evidence of the Board of Veterans' Appeals.


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                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2025

   Mr. Bost introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

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                                 A BILL


 
To amend title 38, United States Code, to clarify the jurisdiction and 
      certain rules of evidence of the Board of Veterans' Appeals.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Veteran's Claim Options 
Act''.

SEC. 2. BOARD OF VETERANS' APPEALS: JURISDICTION; EVIDENCE IN CERTAIN 
              CASES.

    (a) Jurisdiction Over a Supplemental Claim.--Section 7104 of title 
38, United States Code, is amended, in subsection (a)--
            (1) by inserting ``(1)'' before ``All questions''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In an appeal of a decision under section 5108 of this title 
regarding a supplemental claim under section 5104C(a)(1)(B) of this 
title, the Board may not deny relief (including by denying review of 
the merits of the claim) solely on the basis that the appellant did not 
present or secure new and relevant evidence with respect to such 
supplemental claim.''.
    (b) Evidence in Cases Remanded to the Board by the Court of Appeals 
for Veterans Claims.--Section 7113 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d) Cases Remanded by the Court of Appeals for Veterans Claims.--
(1) Except as provided in paragraph (2), for cases remanded to the 
Board by the Court of Appeals for Veterans Claims, the evidentiary 
record before the Board shall be limited to the evidence previously 
considered by the Board in such case.
    ``(2) The evidentiary record before the Board for cases described 
in paragraph (1) shall include evidence submitted by the appellant and 
his or her representative, if any, within 90 days following such 
remand, which the Board shall consider in the first instance.''.
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