Board of Veterans’ Appeals: jurisdiction; evidence in certain cases

(a) Jurisdiction over a supplemental claim Section 7104 of title 38, United States Code, is amended, in subsection (a)— (1) by inserting (1) before All questions; and (2) by adding at the end the following new paragraph: (2) In an appeal of a decision under section 5108 of this title regarding a supplemental claim under section 5104C(a)(1)(B) of this title, the Board may not deny relief (including by denying review of the merits of the claim) solely on the basis that the appellant did not present or secure new and relevant evidence with respect to such supplemental claim.. (b) Evidence in cases remanded to the Board by the Court of Appeals for Veterans Claims Section 7113 of title 38, United States Code, is amended by adding at the end the following new subsection: (d) Cases remanded by the Court of Appeals for Veterans Claims (1) Except as provided in paragraph (2), for cases remanded to the Board by the Court of Appeals for Veterans Claims, the evidentiary record before the Board shall be limited to the evidence previously considered by the Board in such case. (2) The evidentiary record before the Board for cases described in paragraph (1) shall include evidence submitted by the appellant and his or her representative, if any, within 90 days following such remand, which the Board shall consider in the first instance..

(a) Jurisdiction over a supplemental claim Section 7104 of title 38, United States Code, is amended, in subsection (a)— (1) by inserting (1) before All questions; and (2) by adding at the end the following new paragraph: (2) In an appeal of a decision under section 5108 of this title regarding a supplemental claim under section 5104C(a)(1)(B) of this title, the Board may not deny relief (including by denying review of the merits of the claim) solely on the basis that the appellant did not present or secure new and relevant evidence with respect to such supplemental claim.. (b) Evidence in cases remanded to the Board by the Court of Appeals for Veterans Claims Section 7113 of title 38, United States Code, is amended by adding at the end the following new subsection: (d) Cases remanded by the Court of Appeals for Veterans Claims (1) Except as provided in paragraph (2), for cases remanded to the Board by the Court of Appeals for Veterans Claims, the evidentiary record before the Board shall be limited to the evidence previously considered by the Board in such case. (2) The evidentiary record before the Board for cases described in paragraph (1) shall include evidence submitted by the appellant and his or her representative, if any, within 90 days following such remand, which the Board shall consider in the first instance..