Protecting Veteran’s Claim Options Act
The Protecting Veteran’s Claim Options Act would make two changes to how the Board of Veterans’ Appeals (BVA) handles certain appeals under title 38. First, for supplemental claims (a specific way veterans can request review with new evidence), the Board cannot deny relief solely because the veteran did not submit new and relevant evidence with respect to that supplemental claim. In other words, not having new evidence could not be the only reason to deny a supplemental-claim relief. Second, for cases the Court of Appeals for Veterans Claims (CAVC) remands back to the Board, the evidentiary record would generally be limited to what the Board previously reviewed, but the veteran (and their representative) could submit new evidence within 90 days of remand, and the Board must consider that new evidence for the first time.
Key Points
- 1Prohibits the Board from denying relief on a supplemental claim solely because the veteran did not present or secure new and relevant evidence.
- 2Clarifies that a decision on a supplemental claim cannot be based only on a lack of new evidence; other merits-based grounds can still be considered.
- 3Adds a new rule for cases remanded by the Court of Appeals for Veterans Claims: the Board’s evidentiary record is limited to what the Board previously considered, with an exception for new evidence.
- 4Creates a 90-day window after remand for veterans to submit new evidence (and for their representative, if any) that the Board must consider in the first instance.
- 5Aims to streamline and standardize how evidence is handled after remands and to protect veterans’ ability to present new information.