I
111th CONGRESS
2d Session
H. R. 5045
IN THE HOUSE OF REPRESENTATIVES
April 15, 2010
Mr. Adler of New Jersey introduced the following bill; which was referred to the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to provide for the tolling of the timing of review for appeals of final decisions of the Board of Veterans’ Appeals, and for other purposes.
Short title
This Act may be cited as the
Fair Access to Veterans Benefits Act
of 2010
.
Tolling of timing of review for appeals of final decisions of Board of Veterans' Appeals
In general
Section 7266(a) of title 38, United States Code, is amended—
by striking In order
and
inserting (1) Except as provided in paragraph (2), in order
;
and
by adding at the end the following new paragraph:
The 120-day period described in paragraph (1) shall be extended upon a showing of good cause for such time as justice may require.
.
Applicability
In general
Paragraph (2) of section 7266(a) of such title, as added by subsection (a), shall apply to a notice of appeal filed with respect to a final decision of the Board of Veterans' Appeals that was issued on or after July 24, 2008.
Reinstatement
Any petition for review filed with the Court of Appeals for Veterans Claims that was dismissed by such Court on or after July 24, 2008, as untimely, shall, upon the filing of a petition by an adversely affected person filed not later than six months after the date of the enactment of this Act, be reinstated upon a showing that the petitioner had good cause for filing the petition on the date it was filed.