FOR RELEASE: March 25, 2002

Evans Introduces Judicial Review Improvement Bill

Measure Hailed as “One of the Most Significant Pieces of Veterans’ Rights Legislation to be Introduced in Recent Years”

Washington, DC -- Rep. Lane Evans (D-IL) has introduced legislation to expand the jurisdiction of the United States Court of Appeals for Veterans Claims as well as the Court of Appeals for the Federal Circuit.  The Disabled American Veterans have hailed the bill as “one of the most significant pieces of veterans’ rights legislation to be introduced in recent years.”  

The bill, H.R. 4018, would allow the court to review factual decisions of the Board of Veterans Appeals (the Board) to determine if the benefit of the doubt was properly applied to the claim.  Under current law, the veteran is to be given the “benefit of the doubt” by the Board if there is evidence that is equally in favor or against the claim. 

Because the court reviews the evidence under a “clearly erroneous standard” the court can approve the Board’s decision as long as there is a “plausible” factual basis at the Board.  This effectively prevents judicial review of determinations under the pro-veteran “benefit of the doubt” standard.  Evans stated, “the benefit of the doubt now stops at the courthouse door, my bill would open the door so that the Board and the Court would use the same legal standard in reviewing the veteran’s claim.”  Evans hopes that passage of this legislation would speed the resolution of cases which under current law may bounce back between the Board and the court with separate issues addressed in each review.

H.R. 4018 would also allow the Court to enter a default against the Secretary of Veterans Affairs in cases where the Court determines that the Secretary has unlawfully withheld or unreasonably delayed action on a claim.  This legislation also expands the jurisdiction of the United States Court of Appeals for the Federal Circuit by allowing the Federal Circuit to review any question of law considered by the Court of Appeals for Veterans Claims as well as the lower court’s application of the law to the facts.  The American Bar Association’s, Section of Administrative Law and Regulatory Practice, has recommended expansion of the jurisdiction of the Federal Circuit to questions of law. 

In order to encourage the expedited treatment of remanded claims when the failure to do so involves the potential for serious harm to veterans, the bill gives the Court discretionary authority to order interim payments of benefits if remanded claims are not decided within 180 days after remand.  In some cases, veterans claims have been pending for over a decade.  A provision for interim benefits would provide some measure of security for veterans who are at risk of harm while awaiting action on their remanded claims.  These measures should improve justice for our Nation’s veterans.

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