Hr 3269 And Draft Legislation On the Adjudication of Veterans Claims Hearing
Hr 3269 And Draft Legislation On the Adjudication of Veterans Claims Hearing
Pension United States Congress House Committee On Veter
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The Hearing Officer is equally qualified as a rating board specialist to decide all issues in the claim and assign an appropriate disability evaluation. With regard to actions by the Board of Veterans Appeals, The American Legion supports of the following changes proposed by this legislation. A proceeding before the Board shall be assigned to a single member for disposition. A decision of the member on the appeal shall be final, unless the Chairman orders reconsideration of the case. Where reco...nsideration of a case is ordered, it shall be heard by a section of the Board of not less than three members, not including the member who made the original decision. In addition, the Board may correct an obvious error in the record without regard to whether there has been a motion or order for reconsideraton. The legislation would further amend 38 DSC Chapter 51 to provide that a decision of the Secretary is subject to revision on the grounds of clear and unmistakable error. If evidence establishes the error, the prior rating shall be reversed or revised.
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