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HR1471119th CongressWALLET

VA Appeals Reform Act of 2025

Sponsored By: Representative Gottheimer, Josh [D-NJ-5]

Introduced

Summary

Modernize and speed veterans' benefits appeals. This bill would rewrite how the Department of Veterans Affairs handles claims and appeals to give veterans clearer notices, tighter timelines, and an electronic filing system.

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  • Veterans and claimants: Notices would list missing elements, diagnostic codes, and a summary of rights on denial. The bill would create an expedited remand or return pathway with a 90-day deadline to act after a remand and allow limited supplementation of the record.
  • Attorneys and representatives: It would authorize attorney fees for filing notices of intent to appeal, capped at the lesser of $200 or 20 percent of the attorney's initial payment. Representatives would get electronic access to case files and broader access to medical records for appeals.
  • Adjudicators and courts: The bill would add training and performance reviews for Administrative Law Judges and Board members, standardize hearing schedules and transcripts, and require a modern electronic case management system. It would also expand the jurisdiction and scope of review at the Veterans Claims court and allow trial de novo review for certain appeals.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 6 benefits, 0 costs, 1 mixed.

Clearer VA notices and records access

If enacted, VA would have to give key claim documents within 90 days of your request. Notices of denial would name what was missing, cite pages and rules, and list the diagnostic codes used. Your medical records could be shared with you and your attorney for appeals. You could get a free hearing transcript and digital recording on request.

Faster remands and fair hearing timelines

If enacted, when your claim is returned or remanded, VA would have 90 days to finish required actions. The Board could extend that 90-day deadline for good cause if you ask. The same Board member could not handle a remanded case again. After you file a notice of disagreement, the Board would hold a scheduling conference within 90 days and set minimum windows: at least 30 days to request a hearing, 30 days to get counsel, 60 days to state what you dispute, and 120 days to send evidence.

Stronger ways to fix VA errors

If enacted, more supplemental claims would get a full new review when you add new and material evidence, when the Board finds a clear error, or when a new law lets you file. You could add evidence during higher‑level review. If the reviewer finds the original office missed its duty to assist before its decision, the claim must go back. Clear and unmistakable error would include obvious legal or factual mistakes that changed the result, including misreading a law or clear rule.

Bigger court review of VA appeals

If enacted, the Veterans Claims Court would review VA decisions and facts from scratch (trial de novo) and use an 'arbitrary and capricious' standard in place of 'clearly erroneous' in one part of its review. The bill would also change where appeals from that court are filed, adjusting which courts hear these cases. This could broaden review but also change filing steps for veterans and lawyers.

Cap on attorney fee to appeal

If enacted, when you hire an attorney to file a notice of intent to appeal, the fee could not exceed the lesser of $200 or 20% of your initial payment to the attorney.

File VA appeals online, one docket

If enacted, VA would build an online case system so you and your attorney can upload appeal documents (PDF or common formats). VA would train approved attorneys within one year. The upload feature would start within 180 days after enactment. The Board would also use a single docket to track hearings.

Tighter oversight of VA Board judges

If enacted, Board members would face regular performance reviews: at least once one year after standards are set, then at least every three years, and again if over 60% of their decisions are remanded in a year. Retired military judges serving as acting Board members would generally be limited to 180 days and would need VA law training.

Sponsors & CoSponsors

Sponsor

Gottheimer, Josh [D-NJ-5]

NJ • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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