Page:United States Statutes at Large Volume 102 Part 5.djvu/100

 102 STAT. 4106

PUBLIC LAW 100-687—NOV. 18, 1988 "(D) matters covered by chapter 72 of this title.". (b) CONFORMING AMENOIAENT.—Section 4004(a) is amended by

stri^ng out "All questions on claims involving benefits under laws administered by the Veterans' Administration and inserting in lieu thereof "AU questions in a matter which under section 211(a) of this title is subject to decision by the Administrator". SEC 102. VETERANS* ADMINISTRATION RULEMAKING.

(a) APA PROCEDURES.—(1) Chapter 3 is amended by inserting after section 222 the following new section: "§ 223. Rulemaking: procedures and judicial review "(a) In applying section 552(a)(l) of title 5 to the Veterans' Administration, the Administrator shall ensure that subparagraphs (Q, (D), and (E) of that section are complied with, particularly with reelect to opinions and interpretations of the General Counsel. ' (b) The provisions of section 553 of title 5 shall apply, without regard to subsection (a)(2) of that section, to matters relating to loans, grants, or benefits under a law administered by the Administrator. "(c) An action of the Administrator to which section 552(a)(l) or 553 of title 5 (or both) refers (other than an action relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 355 of this title) is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 222 the following new item: "223. Rulemaking: procedures and judicial review.".

(b) REPORT ON IMPLEMENTATION.—Not later than May 1, 1989, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report on the implementation of section 223(a) of title 38, United States Code, as added by subsection (a)(l). Such report shall set forth the actions the Administrator is taking to ensure that such section is carried out. SEC. 103. VETERANS' ADMINISTRATION ADJUDICATION PROCEDURES.

(a) IN GENERAL.—(1) C^iapter 51 is amended by adding at the end of subchapter I the following new sections: "§ 3007. Burden of proof; benefit of the doubt "(a) Except when otherwise provided by the Administrator in accordance with the provisions of this title, a person who submits a claim for benefits under a law administered by the Veterans' Administration shall have the burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that the claim is weU grounded. The Administrator shall assist such a claimant in developing the facts pertinent to the claim. Such assistance shall include requesting information as described in section 3006 of this title. "(b) When, after consideration of all evidence and material of record in a case before the Veterans' Administration with respect to

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