A bill to amend title 38, United States Code, to improve the efficiency of the appeals process under the United States Court of Appeals for Veterans Claims by improving staff conferences directed by such Court, and for other purposes.
About This Bill
Committee
Latest Action · June 9, 2011
Read twice and referred to the Committee on Veterans' Affairs.
Amends procedures of the U.S. Court of Appeals for Veterans Claims (CAVC) by requiring the Secretary of Veterans Affairs (VA) to submit, within seven days, a written report to the CAVC and the appellant describing the basis upon which the Secretary remains opposed to a remand if: (1) the CAVC directs representatives and self-represented parties to participate in a staff conference (where parties refine issues and consider matters to help the court resolve a case) pursuant to applicable CAVC Rules of Practice and Procedure or any corresponding similar rule, and (2) an agreement to remand the matter has not been reached before the end of such conference.
Prohibits the Secretary from: (1) seeking a remand without the appellant's agreement if such a written report is submitted, and (2) opposing any subsequent filing by the appellant for specified fees and other expenses under the federal judicial code if the Secretary seeks a remand after the seven-day period.
Allows the CAVC to impose sanctions, including money sanctions, if the Secretary fails to comply with this Act.
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