HR 5870 — Veteran Appeals Transparency Act of 2024

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 TITLE 38, UNITED STATES CODE

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PART V--BOARDS, ADMINISTRATIONS, AND SERVICES

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CHAPTER 71--BOARD OF VETERANS' APPEALS

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Sec. 7107. Appeals: dockets; hearings

 (a) Dockets.--(1) Subject to paragraph (2), the Board shall 
maintain at least two separate dockets.
 (2) The Board may not maintain more than two separate dockets 
unless the Board notifies the Committee on Veterans' Affairs of 
the Senate and the Committee on Veterans' Affairs of the House 
of Representatives of any additional docket, including a 
justification for maintaining such additional docket.
 (3)(A) The Board may assign to each docket maintained under 
paragraph (1) such cases as the Board considers appropriate, 
except that cases described in clause (i) of subparagraph (B) 
may not be assigned to any docket to which cases described in 
clause (ii) of such paragraph are assigned.
 (B) Cases described in this paragraph are the following:
 (i) Cases in which no Board hearing is requested.
 (ii) Cases in which a Board hearing is requested in 
 the notice of disagreement.
 (4) Except as provided in subsection (b), each case before 
the Board will be decided in regular order according to its 
respective place on the docket to which it is assigned by the 
Board.
 (b) Advancement on the Docket.--(1) A case on one of the 
dockets of the Board maintained under subsection (a) may, for 
cause shown, be advanced on motion for earlier consideration 
and determination.
 (2) Any such motion shall set forth succinctly the grounds 
upon which the motion is based.
 (3) Such a motion may be granted only--
 (A) if the case involves interpretation of law of 
 general application affecting other claims;
 (B) if the appellant is seriously ill or is under 
 severe financial hardship; or
 (C) for other sufficient cause shown.
 (c) Manner and Scheduling of Hearings for Cases on a Docket 
That May Include a Hearing.--(1) For cases on a docket 
maintained by the Board under subsection (a) that may include a 
hearing, in which a hearing is requested in the notice of 
disagreement, the Board shall notify the appellant whether a 
Board hearing will be held--
 (A) at its principal location; or
 (B) by picture and voice transmission at a facility 
 of the Department where the Secretary has provided 
 suitable facilities and equipment to conduct such 
 hearings.
 (2)(A) Upon notification of a Board hearing at the Board's 
principal location as described in subparagraph (A) of 
paragraph (1), the appellant may alternatively request a 
hearing as described in subparagraph (B) of such paragraph or 
subparagraph (C) of this paragraph. If so requested, the Board 
shall grant such request.
 (B) Upon notification of a Board hearing by picture and voice 
transmission as described in subparagraph (B) of paragraph (1), 
the appellant may alternatively request a hearing as described 
in subparagraph (A) of such paragraph or subparagraph (C) of 
this paragraph. If so requested, the Board shall grant such 
request.
 (C)(i) Upon notification of a Board hearing under 
subparagraph (A) or (B) of paragraph (1), the appellant may 
alternatively request a hearing by picture and voice 
transmission--
 (I) at a location selected by the appellant; and
 (II) via a secure internet platform established and 
 maintained by the Secretary that protects sensitive 
 personal information from a data breach.
 (ii) If an appellant makes a request under clause (i), the 
Board shall grant such request.
 (d) Screening of Cases.--Nothing in this section shall be 
construed to preclude the screening of cases for purposes of--
 (1) determining the adequacy of the record for 
 decisional purposes; or
 (2) the development, or attempted development, of a 
 record found to be inadequate for decisional purposes.
 (e) Policy on Changing Dockets.--The Secretary shall develop 
and implement a policy allowing an appellant to move the 
appellant's case from one docket to another docket.
 (f) Publication of Expected Actions.--(1) On a weekly basis, 
for each docket, the Board shall publish, on a website of the 
Department, notice of the docket dates of the cases assigned to 
a Board member for a decision for that week.
 (2) Each notice published under paragraph (1) shall include a 
statement that an assignment described in such paragraph does 
not require the Board to issue a decision regarding the case 
during such week.
 (3) Paragraph (1) shall not apply to a case--
 (A) that has been advanced under subsection (b); or
 (B) remanded by the United States Court of Appeals 
 for Veterans Claims.

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