VA Appeals Reform Act of 2025
The VA Appeals Reform Act of 2025 would overhaul how veterans appeal VA benefit decisions. It adds new duties, faster processes, and more transparent handling of claims, with a strong emphasis on improving access to information, expediting remanded or returned claims, and modernizing the appeals system through an electronic filing and case-management platform. It also broadens procedural oversight by expanding the roles of administrative law judges, scheduling conferences, and providing hearings transcripts at no cost. In parallel, the bill rewrites several standards and pathways for judicial review by empowering the United States Court of Appeals for Veterans Claims (CAVC) and the United States Court of Appeals for the Federal Circuit to review VA decisions with new standards, including trial de novo, and it reorganizes how higher courts handle VA appeals. If enacted, the bill could speed up processing for many appeals, improve veterans’ access to documents and counsel, and shift some appellate oversight to the federal courts with broader review standards. It also signals a shift toward more formalized, centralized electronic case management and greater attorney involvement in VA appeals.
Key Points
- 1Duty to assist and enhanced information disclosure during appeals
- 2- The VA must provide claimants with key documents within 90 days of a request for assistance, including the claims file, relevant documents, adjudicator contact info, and related correspondence, plus authorizations to obtain additional records.
- 3- Expanded duties continue until a hearing is scheduled, and notices to denials would include specifics about missing elements and rights to appeal.
- 4Expedited handling of returned/remanded claims and faster review options
- 5- New provisions require expeditious action (within 90 days, with possible short extensions) on claims returned by a higher-level reviewer or remanded by the Board.
- 6- Expanded “clear and unmistakable error” (CUE) definitions to broaden when relief can be sought.
- 7Attorney fees for filing notices of appeal
- 8- A new permissible fee for filing a Notice of Intent to Appeal: up to the lesser of $200 or 20% of the initial payment, to be paid or charged to the claimant’s attorney.
- 9Board of Veterans' Appeals reforms (appointments, performance, scheduling)
- 10- The Board may use retired armed-forces judges as acting members for up to 180 days, with mandatory training on VA law.
- 11- Introduction of performance reviews for Board members and scheduling conferences to accelerate hearings and clarify timelines for veterans.
- 12- Consolidation toward a single docket and other procedural changes to hearing scheduling, transcripts at no cost, and better documentation of disagreements.
- 13Electronic case management and filing system (CM/ECF-like)
- 14- The VA must establish an electronic filing and case management system for appeals, including an internet database accessible to veterans, their attorneys, and Board-approved representatives.
- 15- Training for attorneys, certification of good standing, and consideration of the federal CM/ECF framework.
- 16Expanded disclosure of medical records for appeals
- 17- Medical records may be disclosed to patients and their attorneys for use in VA appeals and to the Court of Appeals for Veterans Claims for filing purposes.
- 18Expanded judicial review and jurisdiction
- 19- The United States Court of Appeals for Veterans Claims (CAVC) would be designated as the primary appellate venue (replacing “the Federal Circuit” in certain contexts) with a shift to a trial de novo standard for review of decisions and accompanying findings of fact.
- 20- The Federal Circuit would gain explicit jurisdiction to hear certain appeals from CAVC final decisions.
- 21- Repeal of certain review limitations and conforming amendments to other sections to align the appellate landscape with these changes.
- 22Administrative and procedural changes to hearings
- 23- The Board would use more scheduling conferences and provide veterans with a guaranteed sequence of steps and deadlines for hearings, evidence submission, and representation.
- 24- Hearing transcripts and digital recordings would be provided to veterans at no cost.
- 25Implementation deadline
- 26- The Secretary must establish the electronic filing and related mechanisms within 180 days of enactment.