103D CONGRESS 2d Session SENATE REPORT COURT OF VETERANS APPEALS IMPROVEMENT ACT OF 1993 MARCH 2 (legislative day, FEBRUARY 22), 1994.-Ordered to be printed Mr. ROCKEFELLER, from the Committee on Veterans' Affairs, submitted the following REPORT [To accompany S. 1546] The Committee on Veterans' Affairs, to which was referred the bill (S. 1546) to amend title 38, United States Code, to revise certain administrative provisions relating to the United States Court of Veterans Appeals, and for other purposes, having considered the same, reports favorably thereon with an amendment in the nature of a committee substitute, and recommends that the bill, as amended, do pass. COMMITTEE AMENDMENTS The amendments are as follows: Strike out all after the enacting clause as follows: [SECTION 1. SHORT TITLE [This Act may be cited as the "Court of Veterans Appeals Improvement Act of 1993". [SEC. 2. CONFIRMATION OF CHIEF JUDGE. [Section 7253(b) of title 38, United States Code, is amended by striking out "The judges" and inserting in lieu thereof "The chief judge and the associate judges". [SEC. 3. MAILING OF NOTICES OF APPEAL TO THE COURT OF VETERANS APPEALS. [(a) IN GENERAL.-Section 7266(a) of title 38, United States Code, is amended to read as follows: ["(a)1) In order to obtain review by the Court of Veterans Appeals of a final decision of the Board of Veterans' Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is mailed pursuant to section 7104(e) of this title. ["(2) An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court. ["(3) A notice of appeal shall be deemed to be received by the Court as follows: ["(A) On the date of receipt by the Court, if the notice is delivered. ["(B) On the date of the United States Post Service postmark stamped on the cover in which the notice is posted, if the notice is mailed. ["(4) For a notice of appeal mailed to the Court to be deemed to be received under paragraph (3)(B) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Court's determination as to legibility shall be final and not subject to review by any other Court.". [(b) APPLICATION.-The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to notices of appeal that are delivered or mailed to the United States Court of Veterans Appeals on or after that date. [SEC. 4. AVAILABILITY OF REVIEW BY COURT OF VETERANS APPEALS. [(a) AVAILABILITY.-Section 402 of the Veterans' Judicial Review Act (38 U.S.C. 7251 note) is amended by striking out "in which a notice of disagreement" and all that follows through the end of the section and inserting in lieu thereof “in which the Board of Veterans' Appeals makes a final decision under section 7104 of title 38, United States Code, on or after November 18, 1988.". [(b) EFFECTIVE DATE.-(1) The amendment made by subsection (a) shall take effect as of November 18, 1988, and apply to cases in which the Board of Veterans' Appeals makes a final decision under section 7104 of title 38, United States Code, on or after that date. [(2XA) Not withstanding paragraph (1), a person referred to in subparagraph (B) shall be entitled to obtain review by the Court of Veterans Appeals of a final decision referred to in clause (ii) of that subparagraph if the person files a notice of appeal with the Court of Veterans Appeals with respect to that decision not later than 180 days after the notification date referred to in subparagraph (C). [(B) Subparagraph (A) applies to a person who— [(i) filed a notice of disagreement with the Board of Veterans' Appeals before November 18, 1988; and [(ii) received a final decision by the Board on the matter subject to the notice of disagreement on or after such date. [(C) The Secretary of Veterans Affairs shall, to the maximum extent practicable, notify each person referred to in subparagraph (B) of the eligibility of the person to file a notice of appeal with the Court under subparagraph (A). The date of such notification shall be deemed to be [(i) the date of such notification, in the case of actual notification; or [(ii) the date of the postmark stamped on the cover in which the notification is posted, if the notice is mailed. [SEC. 5. CLARIFICATION OF PAYMENT OF ATTORNEY FEES UNDER CONTINGENT FEE AGREEMENTS. [Section 5904(d)(2)(A) of title 38, United States Code, is amended to read as follows: ["(A) A fee agreement referred to in paragraph (1) of this subsection is one under which the total amount of the fee payable to the attorney (i) is to be paid to the attorney by the Secretary directly from any past-due benefits awarded on the basis of the claim, and (ii) is contingent on whether or not the matter is resolved in a manner favorable to the claimant.".] and insert in lieu thereof the following: SECTION 1. SHORT TITLE This Act may be cited as the "Court of Veterans Appeals Improvement Act of 1993". SEC. 2. CONFIRMATION OF CHIEF JUDGE. Section 7253(b) of title 38, United States Code, is amended by striking out "The judges" and inserting in lieu thereof "The chief judge and the associate judges". SEC. 3. MAILING OF NOTICES OF APPEAL TO THE COURT OF VETERANS APPEALS. (a) IN GENERAL.-Section 7266(a) of title 38, United States Code, is amended to read as follows: "(a)1) In order to obtain review by the Court of Veterans Appeals of a final decision of the Board of Veterans' Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the |