H.R. 810House112th Congress (2011-2013)In Committee

Fair Access to Veterans Benefits Act of 2011

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Disability Assistance and Memorial Affairs Subcommittee

March 15, 2011

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HouseIntro Referral

Introduced in House

February 18, 2011

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

Veterans' Affairs Committee

February 18, 2011

HouseCommittee

Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Disability Assistance and Memorial Affairs Subcommittee

March 15, 2011

Floor Debate

1 member

What members said about H.R. 810 on the floor

1 Democrat

Rep. Bob FilnerD-CA-51 · Mar 10, 2011

Mr. Speaker, the Fair Access to Veterans Benefits Access Act of 2011, H.R. 810, is a bill that would help our veterans who file appeals before the Court of Appeals for Veterans Claims. This…

Mr. Speaker, the Fair Access to Veterans Benefits Access Act of 2011, H.R. 810, is a bill that would help our veterans who file appeals before the Court of Appeals for Veterans Claims. This legislation would require the U.S. Court of Appeals for Veterans' Claims to hear appeals of administrative decisions by veterans denying them benefits when circumstances beyond their control render them unable to meet the deadline for filing an appeal.

This legislation would extend the 120-day limit for the filing of an appeal to the Court of Veterans Appeals after a final decision of the Board of Veterans' Appeals upon a showing of good cause for such time as justice may require. The bill considers as good cause the inability of a veteran to file within the 120-day period due to a service- connected disability. The bill would make such extension applicable to appeals of final Board decisions issued on or after July 24, 2008. This bill also requires the Court of Appeals for Veterans Claims to reinstate untimely appeals already dismissed as a result of the court's failure to toll the filing period for good cause.

Under the current system, the veterans' appellate processes are very difficult to navigate especially since so many veterans are pro se at that stage. Additionally, as TBI and PTSD are the signature disability of the current conflicts of Operation Enduring Freedom and Operation New Dawn, many veterans are also filing claims and appeals while suffering from a physical or mental disability. The adherence to rigid filing deadlines by the CAVC potentially has resulted in the denial of benefits for many veterans. My bill seeks to rectify this issue by allowing the veteran to show ``good cause'' for missing the filing deadline if related to the veteran's service-connected disability. It is clear to me that Congress intended to allow equitable tolling when it created the veterans' court.

The VSO community wholeheartedly supports this legislation and its costs are likely discretionary. I urge my colleagues to support this bill without delay to give these veterans the access to justice that they deserve.

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Introduced in HouseIssued February 18, 2011

112th CONGRESS

1st Session

H. R. 810

IN THE HOUSE OF REPRESENTATIVES

February 18, 2011

Mr. Filner 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 2011.

Tolling of timing of review for appeals of final decisions of Board of Veterans' Appeals

(a)

In general

Section 7266(a) of title 38, United States Code, is amended—

(1)

by striking In order and inserting (1) Except as provided in paragraph (2), in order; and

(2)

by adding at the end the following new paragraph:

(2)

(A)

The 120-day period described in paragraph (1) shall be extended upon a showing of good cause for such time as justice may require.

(B)

For purposes of this paragraph, it shall be considered good cause if a person was unable to file a notice of appeal within the 120-day period because of the person’s service-connected disability.

(b)

Applicability

(1)

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.

(2)

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.