< Back to S. 1751 (104th Congress, 1995–1996)

Text of A bill to amend title 38, United States Code, to revise the procedures for providing claimants and their representatives with ...

...their representatives with copies of Board of Veterans’ Appeals decisions and to protect the right of claimants to appoint veterans’ servic

This bill was introduced on July 24, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 13, 1996 (Introduced).

Source: GPO

S 1751 IS

104th CONGRESS

2d Session

S. 1751

To amend title 38, United States Code, to revise the procedures for providing claimants and their representatives with copies of Board of Veterans’ Appeals decisions and to protect the right of claimants to appoint veterans service organizations as their representatives in claims before the Department of Veterans Affairs.

IN THE SENATE OF THE UNITED STATES

May 13, 1996

Mr. SIMPSON (by request) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs


A BILL

To amend title 38, United States Code, to revise the procedures for providing claimants and their representatives with copies of Board of Veterans’ Appeals decisions and to protect the right of claimants to appoint veterans service organizations as their representatives in claims before the Department of Veterans Affairs.

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

SECTION 1. PROVISION OF COPIES OF BOARD OF VETERANS’ APPEALS DECISIONS.

    (a) PROVIDING THE DECISIONS- Section 7104(e) of title 38, United States Code, is amended by--

      (1) striking out ‘mail’ and inserting in lieu thereof ‘send’; and

      (2) adding at the end of the subsection the following: ‘For the purposes of this subsection, the Board may send a copy of its written decision by any means reasonably calculated to provide the claimant and the claimant’s authorized representative (if any) with a copy of the decision within the same time a copy of the decision sent by first-class mail would be expected to reach them.’

    (b) BEGINNING OF THE APPEAL PERIOD- Section 7266(a)(1) of title 38, United States Code, is amended by--

      (1) striking out ‘person’ and inserting in lieu thereof ‘claimant’;

      (2) striking out ‘mailed’ and inserting in lieu thereof ‘sent’; and

      (3) inserting ‘to the claimant’s authorized representative or, if none, to the claimant’ following ‘title’.

SEC. 2. APPOINTMENT OF A VETERANS SERVICE ORGANIZATION AS A CLAIMANT’S REPRESENTATIVE.

    (a) POWER OF ATTORNEY NAMING A VETERANS SERVICE ORGANIZATION- Section 5902 of title 38, United States Code, is amended by--

      (1) redesignating subsection (c) as subsection (d); and

      (2) inserting the following new subsection (c):

    ‘(c)(1) Unless a claimant specifically indicates his or her desire to appoint only a recognized representative of an organization listed in or approved under subsection (a) of this section, the Secretary may, for any purpose, treat a claimant’s power of attorney naming such an organization, a specific office of such an organization, or a recognized representative of such an organization as an appointment of the entire organization.

    ‘(2) Whenever the Secretary is required or permitted to notify a claimant’s representative, and the claimant has named in a power of attorney an organization listed in or approved under subsection (a) of this section, a specific office of such an organization, or a recognized representative of such an organization without specifically indicating a desire to appoint only a recognized representative of the organization, the Secretary shall notify the organization at the address designated by the organization for the purpose of receiving each kind of notification.’.

    (b) APPLICABILITY- The amendments made by this section apply to any power of attorney filed with the Department of Veterans Affairs regardless of the date of its execution.