PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1105 

Public Law 115–55 

115th Congress 

An Act 

To amend title 38, United States Code, to reform the rights and processes relating 

to appeals of decisions regarding claims for benefits under the laws administered 

by the Secretary of Veterans Affairs, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Veterans Appeals Improvement 

and Modernization Act of 2017’’. 

SEC. 2. REFORM OF RIGHTS AND PROCESSES RELATING TO APPEALS 

OF DECISIONS REGARDING CLAIMS FOR BENEFITS UNDER 

LAWS ADMINISTERED BY SECRETARY OF VETERANS 

AFFAIRS. 

(a) DEFINITIONS.—Section 101 of title 38, United States Code, 

is amended by adding at the end the following new paragraphs: 

‘‘(34) The term ‘agency of original jurisdiction’ means the 

activity which entered the original determination with regard 

to a claim for benefits under laws administered by the Secretary. 

‘‘(35) The term ‘relevant evidence’ means evidence that 

tends to prove or disprove a matter in issue. 

‘‘(36) The term ‘supplemental claim’ means a claim for 

benefits under laws administered by the Secretary filed by 

a claimant who had previously filed a claim for the same 

or similar benefits on the same or similar basis.’’. 

(b) NOTICE REGARDING CLAIMS.—Section 5103(a) of such title 

is amended— 

(1) in paragraph (1), in the first sentence, by striking 

‘‘The’’ and inserting ‘‘Except as provided in paragraph (3), the’’; 

(2) in paragraph (2)(B)(i) by striking ‘‘, a claim for reopening 

a prior decision on a claim, or a claim for an increase in 

benefits;’’ and inserting ‘‘or a supplemental claim;’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) The requirement to provide notice under paragraph (1) 

shall not apply with respect to a supplemental claim that is filed 

within the timeframe set forth in subparagraphs (B) and (D) of 

section 5110(a)(2) of this title.’’. 

(c) MODIFICATION OF RULE REGARDING DISALLOWED CLAIMS.— 

Section 5103A(f) of such title is amended— 

(1) by striking ‘‘reopen’’ and inserting ‘‘readjudicate’’; and 

(2) by striking ‘‘material’’ and inserting ‘‘relevant’’. 

(d) MODIFICATION OF DUTY TO ASSIST CLAIMANTS.—Section 

5103A of such title is amended— 

Veterans Appeals 

Improvement 

and 

Modernization 

Act of 2017. 

38 USC 101 note. 

Aug. 23, 2017 

[H.R. 2288] 

131 STAT. 1106 PUBLIC LAW 115–55—AUG. 23, 2017 

(1) by redesignating subsections (e) through (g) as subsections (g) through (i), respectively; and 

(2) by inserting after subsection (d) the following new subsections: 

‘‘(e) APPLICABILITY OF DUTY TO ASSIST.—(1) The Secretary’s 

duty to assist under this section shall apply only to a claim, or 

supplemental claim, for a benefit under a law administered by 

the Secretary until the time that a claimant is provided notice 

of the agency of original jurisdiction’s decision with respect to 

such claim, or supplemental claim, under section 5104 of this title. 

‘‘(2) The Secretary’s duty to assist under this section shall 

not apply to higher-level review by the agency of original jurisdiction, pursuant to section 5104B of this title, or to review on appeal 

by the Board of Veterans’ Appeals. 

‘‘(f) CORRECTION OF DUTY TO ASSIST ERRORS.—(1) If, during 

review of the agency of original jurisdiction decision under section 

5104B of this title, the higher-level adjudicator identifies or learns 

of an error on the part of the agency of original jurisdiction to 

satisfy its duties under this section, and that error occurred prior 

to the agency of original jurisdiction decision being reviewed, unless 

the Secretary may award the maximum benefit in accordance with 

this title based on the evidence of record, the higher-level adjudicator shall return the claim for correction of such error and readjudication. 

‘‘(2)(A) If the Board of Veterans’ Appeals, during review on 

appeal of an agency of original jurisdiction decision, identifies or 

learns of an error on the part of the agency of original jurisdiction 

to satisfy its duties under this section, and that error occurred 

prior to the agency of original jurisdiction decision on appeal, unless 

the Secretary may award the maximum benefit in accordance with 

this title based on the evidence of record, the Board shall remand 

the claim to the agency of original jurisdiction for correction of 

such error and readjudication. 

‘‘(B) Remand for correction of such error may include directing 

the agency of original jurisdiction to obtain an advisory medical 

opinion under section 5109 of this title. 

‘‘(3) Nothing in this subsection shall be construed to imply 

that the Secretary, during the consideration of a claim, does not 

have a duty to correct an error described in paragraph (1) or 

(2) that was erroneously not identified during higher-level review 

or during review on appeal with respect to the claim.’’. 

(e) DECISIONS AND NOTICES OF DECISIONS.—Subsection (b) of 

section 5104 of such title is amended to read as follows: 

‘‘(b) Each notice provided under subsection (a) shall also include 

all of the following: 

‘‘(1) Identification of the issues adjudicated. 

‘‘(2) A summary of the evidence considered by the Secretary. 

‘‘(3) A summary of the applicable laws and regulations. 

‘‘(4) Identification of findings favorable to the claimant. 

‘‘(5) In the case of a denial, identification of elements not 

satisfied leading to the denial. 

‘‘(6) An explanation of how to obtain or access evidence 

used in making the decision. 

‘‘(7) If applicable, identification of the criteria that must 

be satisfied to grant service connection or the next higher 

level of compensation.’’. 

(f) BINDING NATURE OF FAVORABLE FINDINGS.— 

Criteria. 

Summary. 

Summary. 

PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1107 

(1) IN GENERAL.—Chapter 51 of such title is amended by 

inserting after section 5104 the following new section: 

‘‘§ 5104A. Binding nature of favorable findings 

‘‘Any finding favorable to the claimant as described in section 

5104(b)(4) of this title shall be binding on all subsequent adjudicators within the Department, unless clear and convincing evidence 

is shown to the contrary to rebut such favorable finding.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 51 of such title is amended by inserting 

after the item relating to section 5104 the following new item: 

‘‘5104A. Binding nature of favorable findings.’’. 

(g) HIGHER-LEVEL REVIEW BY AGENCY OF ORIGINAL JURISDICTION.— 

(1) IN GENERAL.—Chapter 51 of such title, as amended 

by subsection (f), is further amended by inserting after section 

5104A, as added by such subsection, the following new section: 

‘‘§ 5104B. Higher-level review by the agency of original jurisdiction 

‘‘(a) IN GENERAL.—(1) A claimant may request a review of 

the decision of the agency of original jurisdiction by a higherlevel adjudicator within the agency of original jurisdiction. 

‘‘(2) The Secretary shall approve each request for review under 

paragraph (1). 

‘‘(b) TIME AND MANNER OF REQUEST.—(1) A request for higherlevel review by the agency of original jurisdiction shall be— 

‘‘(A) in writing in such form as the Secretary may prescribe; 

and 

‘‘(B) made within one year of the notice of the agency 

of original jurisdiction’s decision. 

‘‘(2) Such request may specifically indicate whether such review 

is requested by a higher-level adjudicator at the same office within 

the agency of original jurisdiction or by an adjudicator at a different 

office of the agency of original jurisdiction. The Secretary shall 

not deny such request for review by an adjudicator at a different 

office of the agency of original jurisdiction without good cause. 

‘‘(c) DECISION.—Notice of a higher-level review decision under 

this section shall be provided in writing and shall include a general 

statement— 

‘‘(1) reflecting whether evidence was not considered pursuant to subsection (d); and 

‘‘(2) noting the options available to the claimant to have 

the evidence described in paragraph (1), if any, considered 

by the Department. 

‘‘(d) EVIDENTIARY RECORD FOR REVIEW.—The evidentiary record 

before the higher-level adjudicator shall be limited to the evidence 

of record in the agency of original jurisdiction decision being 

reviewed. 

‘‘(e) DE NOVO REVIEW.—A review of the decision of the agency 

of original jurisdiction by a higher-level adjudicator within the 

agency of original jurisdiction shall be de novo.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 51 of such title, as amended by subsection 

(f), is further amended by inserting after the item relating 38 USC 

prec. 5100. 

Notice. 

Deadline. 

Approval. 

38 USC 5104B. 

38 USC 

prec. 5100. 

38 USC 5104A. 

131 STAT. 1108 PUBLIC LAW 115–55—AUG. 23, 2017 

to section 5104A, as added by such subsection, the following 

new item: 

‘‘5104B. Higher-level review by the agency of original jurisdiction.’’. 

(h) OPTIONS FOLLOWING DECISION BY AGENCY OF ORIGINAL

JURISDICTION.— 

(1) IN GENERAL.—Chapter 51 of such title, as amended 

by subsection (g), is further amended by inserting after section 

5104B, as added by such subsection, the following new section: 

‘‘§ 5104C. Options following decision by agency of original 

jurisdiction 

‘‘(a) WITHIN ONE YEAR OF DECISION.—(1) Subject to paragraph 

(2), in any case in which the Secretary renders a decision on 

a claim, the claimant may take any of the following actions on 

or before the date that is one year after the date on which the 

agency of original jurisdiction issues a decision with respect to 

that claim: 

‘‘(A) File a request for higher-level review under section 

5104B of this title. 

‘‘(B) File a supplemental claim under section 5108 of this 

title. 

‘‘(C) File a notice of disagreement under section 7105 of 

this title. 

‘‘(2)(A) Once a claimant takes an action set forth in paragraph 

(1), the claimant may not take another action set forth in that 

paragraph with respect to the same claim or same issue contained 

within the claim until— 

‘‘(i) the higher-level review, supplemental claim, or notice 

of disagreement is adjudicated; or 

‘‘(ii) the request for higher-level review, supplemental 

claim, or notice of disagreement is withdrawn. 

‘‘(B) Nothing in this subsection shall prohibit a claimant from 

taking any of the actions set forth in paragraph (1) in succession 

with respect to a claim or an issue contained within the claim. 

‘‘(C) Nothing in this subsection shall prohibit a claimant from 

taking different actions set forth in paragraph (1) with respect 

to different claims or different issues contained within a claim. 

‘‘(D) The Secretary may, as the Secretary considers appropriate, 

develop and implement a policy for claimants who— 

‘‘(i) take an action under paragraph (1); 

‘‘(ii) wish to withdraw the action before the higher-level 

review, supplemental claim, or notice of disagreement is adjudicated; and 

‘‘(iii) in lieu of such action take a different action under 

paragraph (1). 

‘‘(b) MORE THAN ONE YEAR AFTER DECISION.—In any case 

in which the Secretary renders a decision on a claim and more 

than one year has passed since the date on which the agency 

of original jurisdiction issues a decision with respect to that claim, 

the claimant may file a supplemental claim under section 5108 

of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 51 of such title, as amended by subsection 

38 USC (g), is further amended by inserting after the item relating 

prec. 5100. 

Time periods. 

38 USC 5104C. 

PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1109 

to section 5104B, as added by such subsection, the following 

new item: 

‘‘5104C. Options following decision by agency of original jurisdiction.’’. 

(i) SUPPLEMENTAL CLAIMS.— (1) IN GENERAL.—Section 5108 of such title is amended 

to read as follows: 

‘‘§ 5108. Supplemental claims 

‘‘(a) IN GENERAL.—If new and relevant evidence is presented 

or secured with respect to a supplemental claim, the Secretary 

shall readjudicate the claim taking into consideration all of the 

evidence of record. 

‘‘(b) DUTY TO ASSIST.—(1) If a claimant, in connection with 

a supplemental claim, reasonably identifies existing records, 

whether or not in the custody of a Federal department or agency, 

the Secretary shall assist the claimant in obtaining the records 

in accordance with section 5103A of this title. 

‘‘(2) Assistance under paragraph (1) shall not be predicated 

upon a finding that new and relevant evidence has been presented 

or secured.’’. 

(2) RULE OF CONSTRUCTION.—Section 5108 of such title, 

as amended by paragraph (1), shall not be construed to impose 

a higher evidentiary threshold than the new and material evidence standard that was in effect pursuant to such section 

on the day before the date of the enactment of this Act. 

(3) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 51 of such title is amended by striking 

the item relating to section 5108 and inserting the following 

new item: 

‘‘5108. Supplemental claims.’’. 

(j) REMAND TO OBTAIN ADVISORY MEDICAL OPINION.—Section 

5109 of such title is amended by adding at the end the following 

new subsection: 

‘‘(d)(1) The Board of Veterans’ Appeals shall remand a claim 

to direct the agency of original jurisdiction to obtain an advisory 

medical opinion from an independent medical expert under this 

section if the Board finds that the Veterans Benefits Administration 

should have exercised its discretion to obtain such an opinion. 

‘‘(2) The Board’s remand instructions shall include the questions 

to be posed to the independent medical expert providing the 

advisory medical opinion.’’. 

(k) RESTATEMENT OF REQUIREMENT FOR EXPEDITED TREATMENT

OF RETURNED AND REMANDED CLAIMS.— 

(1) IN GENERAL.—Section 5109B of such title is amended 

to read as follows: 

‘‘§ 5109B. Expedited treatment of returned and remanded 

claims 

‘‘The Secretary shall take such actions as may be necessary 

to provide for the expeditious treatment by the Veterans Benefits 

Administration of any claim that is returned by a higher-level 

adjudicator under section 5104B of this title or remanded by the 

Board of Veterans’ Appeals.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 51 of such title is amended by striking 38 USC 

prec. 5100. 

38 USC 

prec. 5100. 

38 USC 5108 

note. 

38 USC 5108. 

131 STAT. 1110 PUBLIC LAW 115–55—AUG. 23, 2017 

the item relating to section 5109B and inserting the following 

new item: 

‘‘5109B. Expedited treatment of returned and remanded claims.’’. 

(l) EFFECTIVE DATES OF AWARDS.—Section 5110 of title 38, 

United States Code, is amended— 

(1) by amending subsection (a) to read as follows: 

‘‘(a)(1) Unless specifically provided otherwise in this chapter, 

the effective date of an award based on an initial claim, or a 

supplemental claim, of compensation, dependency and indemnity 

compensation, or pension, shall be fixed in accordance with the 

facts found, but shall not be earlier than the date of receipt of 

application therefor. 

‘‘(2) For purposes of determining the effective date of an award 

under this section, the date of application shall be considered the 

date of the filing of the initial application for a benefit if the 

claim is continuously pursued by filing any of the following, either 

alone or in succession: 

‘‘(A) A request for higher-level review under section 5104B 

of this title on or before the date that is one year after the 

date on which the agency of original jurisdiction issues a decision. 

‘‘(B) A supplemental claim under section 5108 of this title 

on or before the date that is one year after the date on which 

the agency of original jurisdiction issues a decision. 

‘‘(C) A notice of disagreement on or before the date that 

is one year after the date on which the agency of original 

jurisdiction issues a decision. 

‘‘(D) A supplemental claim under section 5108 of this title 

on or before the date that is one year after the date on which 

the Board of Veterans’ Appeals issues a decision. 

‘‘(E) A supplemental claim under section 5108 of this title 

on or before the date that is one year after the date on which 

the Court of Appeals for Veterans Claims issues a decision. 

‘‘(3) Except as otherwise provided in this section, for supplemental claims received more than one year after the date on which 

the agency of original jurisdiction issued a decision or the Board 

of Veterans’ Appeals issued a decision, the effective date shall 

be fixed in accordance with the facts found, but shall not be earlier 

than the date of receipt of the supplemental claim.’’; and 

(2) in subsection (i), in the first sentence— 

(A) by striking ‘‘reopened’’ and inserting ‘‘readjudicated’’; 

(B) by striking ‘‘material’’ and inserting ‘‘relevant’’; and 

(C) by striking ‘‘reopening’’ and inserting ‘‘readjudication’’. 

(m) DEFINITION OF AWARD OR INCREASED AWARD FOR PURPOSES

OF PROVISIONS RELATING TO COMMENCEMENT OF PERIOD OF PAYMENT.—Section 5111(d)(1) of such title is amended by striking ‘‘or 

reopened award’’ and inserting ‘‘award or award based on a supplemental claim’’. 

(n) MODIFICATION OF LIMITATION ON FEES ALLOWABLE FOR

REPRESENTATION.—Section 5904(c) of such title is amended, in paragraphs (1) and (2), by striking ‘‘notice of disagreement is filed’’ 

both places it appears and inserting ‘‘claimant is provided notice 

of the agency of original jurisdiction’s initial decision under section 

5104 of this title’’. 

Notice. 

Determination. 

PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1111 

(o) CLARIFICATION OF BOARD OF VETERANS’ APPEALS REFERRAL

REQUIREMENTS AFTER ORDER FOR RECONSIDERATION OF

DECISIONS.—Section 7103(b)(1) of title 38, United States Code, is 

amended by striking ‘‘heard’’ both places it appears and inserting 

‘‘decided’’. 

(p) CONFORMING AMENDMENT RELATING TO READJUDICATION.— 

Section 7104(b) of such title is amended by striking ‘‘reopened’’ 

and inserting ‘‘readjudicated’’. 

(q) MODIFICATION OF PROCEDURES FOR APPEALS TO BOARD OF

VETERANS’ APPEALS.— 

(1) IN GENERAL.—Section 7105 of title 38, United States 

Code, is amended— 

(A) in subsection (a), by striking the first sentence 

and inserting ‘‘Appellate review shall be initiated by the 

filing of a notice of disagreement in the form prescribed 

by the Secretary.’’; 

(B) by amending subsection (b) to read as follows: 

‘‘(b)(1)(A) Except in the case of simultaneously contested claims, 

a notice of disagreement shall be filed within one year from the 

date of the mailing of notice of the decision of the agency of 

original jurisdiction pursuant to section 5104, 5104B, or 5108 of 

this title. 

‘‘(B) A notice of disagreement postmarked before the expiration 

of the one-year period shall be accepted as timely filed. 

‘‘(C) A question as to timeliness or adequacy of the notice 

of disagreement shall be decided by the Board. 

‘‘(2)(A) Notices of disagreement shall be in writing, shall identify 

the specific determination with which the claimant disagrees, and 

may be filed by the claimant, the claimant’s legal guardian, or 

such accredited representative, attorney, or authorized agent as 

may be selected by the claimant or legal guardian. 

‘‘(B) Not more than one recognized organization, attorney, or 

agent may be recognized at any one time in the prosecution of 

a claim. 

‘‘(C) Notices of disagreement shall be filed with the Board. 

‘‘(3) The notice of disagreement shall indicate whether the 

claimant requests— 

‘‘(A) a hearing before the Board, which shall include an 

opportunity to submit evidence in accordance with section 

7113(b) of this title; 

‘‘(B) an opportunity to submit additional evidence without 

a hearing before the Board, which shall include an opportunity 

to submit evidence in accordance with section 7113(c) of this 

title; or 

‘‘(C) a review by the Board without a hearing or the submittal of additional evidence. 

‘‘(4) The Secretary shall develop a policy to permit a claimant 

to modify the information identified in the notice of disagreement 

after the notice of disagreement has been filed under this section 

pursuant to such requirements as the Secretary may prescribe.’’; 

(C) by amending subsection (c) to read as follows: 

‘‘(c) If no notice of disagreement is filed in accordance with 

this chapter within the prescribed period, the action or decision 

of the agency of original jurisdiction shall become final and the 

claim shall not thereafter be readjudicated or allowed, except— 

Policy. 

Review. 

Hearing. 

Time period. 

Notices. 

131 STAT. 1112 PUBLIC LAW 115–55—AUG. 23, 2017 

‘‘(1) in the case of a readjudication or allowance pursuant 

to a higher-level review that was requested in accordance with 

section 5104B of this title; 

‘‘(2) as may otherwise be provided by section 5108 of this 

title; or 

‘‘(3) as may otherwise be provided in such regulations as 

are consistent with this title.’’; 

(D) by striking subsection (d) and inserting the following new subsection (d): 

‘‘(d) The Board may dismiss any appeal which fails to identify 

the specific determination with which the claimant disagrees.’’; 

(E) by striking subsection (e); and 

(F) in the section heading, by striking ‘‘notice of disagreement and’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 71 of such title is amended by striking 

the item relating to section 7105 and inserting the following 

new item: 

‘‘7105. Filing of appeal.’’. 

(r) MODIFICATION OF PROCEDURES AND REQUIREMENTS FOR

SIMULTANEOUSLY CONTESTED CLAIMS.—Subsection (b) of section 

7105A of such title is amended to read as follows: 

‘‘(b)(1) The substance of the notice of disagreement shall be 

communicated to the other party or parties in interest and a period 

of thirty days shall be allowed for filing a brief or argument in 

response thereto. 

‘‘(2) Such notice shall be forwarded to the last known address 

of record of the parties concerned, and such action shall constitute 

sufficient evidence of notice.’’. 

(s) REPEAL OF PROCEDURES FOR ADMINISTRATIVE APPEALS.— 

(1) IN GENERAL.—Chapter 71 of such title is amended by 

striking section 7106. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 71 of such title is amended by striking 

the item relating to section 7106. 

(t) MODIFICATIONS RELATING TO APPEALS: DOCKETS; 

HEARINGS.—Section 7107 of such title is amended to read as follows: 

‘‘§ 7107. Appeals: dockets; hearings 

‘‘(a) DOCKETS.—(1) Subject to paragraph (2), the Board shall 

maintain at least two separate dockets. 

‘‘(2) The Board may not maintain more than two separate 

dockets unless the Board notifies the Committee on Veterans’ 

Affairs of the Senate and the Committee on Veterans’ Affairs of 

the House of Representatives of any additional docket, including 

a justification for maintaining such additional docket. 

‘‘(3)(A) The Board may assign to each docket maintained under 

paragraph (1) such cases as the Board considers appropriate, except 

that cases described in clause (i) of subparagraph (B) may not 

be assigned to any docket to which cases described in clause (ii) 

of such paragraph are assigned. 

‘‘(B) Cases described in this paragraph are the following: 

‘‘(i) Cases in which no Board hearing is requested. 

‘‘(ii) Cases in which a Board hearing is requested in the 

notice of disagreement. 

Notification. 

38 USC 

prec. 7101. 

Time period. 

Notices. 

38 USC 

prec. 7101. 

PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1113 

‘‘(4) Except as provided in subsection (b), each case before 

the Board will be decided in regular order according to its respective 

place on the docket to which it is assigned by the Board. 

‘‘(b) ADVANCEMENT ON THE DOCKET.—(1) A case on one of 

the dockets of the Board maintained under subsection (a) may, 

for cause shown, be advanced on motion for earlier consideration 

and determination. 

‘‘(2) Any such motion shall set forth succinctly the grounds 

upon which the motion is based. 

‘‘(3) Such a motion may be granted only— 

‘‘(A) if the case involves interpretation of law of general 

application affecting other claims; 

‘‘(B) if the appellant is seriously ill or is under severe 

financial hardship; or 

‘‘(C) for other sufficient cause shown. 

‘‘(c) MANNER AND SCHEDULING OF HEARINGS FOR CASES ON

A DOCKET THAT MAY INCLUDE A HEARING.—(1) For cases on a 

docket maintained by the Board under subsection (a) that may 

include a hearing, in which a hearing is requested in the notice 

of disagreement, the Board shall notify the appellant whether a 

Board hearing will be held— 

‘‘(A) at its principal location; or 

‘‘(B) by picture and voice transmission at a facility of the 

Department where the Secretary has provided suitable facilities 

and equipment to conduct such hearings. 

‘‘(2)(A) Upon notification of a Board hearing at the Board’s 

principal location as described in subparagraph (A) of paragraph 

(1), the appellant may alternatively request a hearing as described 

in subparagraph (B) of such paragraph. If so requested, the Board 

shall grant such request. 

‘‘(B) Upon notification of a Board hearing by picture and voice 

transmission as described in subparagraph (B) of paragraph (1), 

the appellant may alternatively request a hearing as described 

in subparagraph (A) of such paragraph. If so requested, the Board 

shall grant such request. 

‘‘(d) SCREENING OF CASES.—Nothing in this section shall be 

construed to preclude the screening of cases for purposes of— 

‘‘(1) determining the adequacy of the record for decisional 

purposes; or 

‘‘(2) the development, or attempted development, of a record 

found to be inadequate for decisional purposes. 

‘‘(e) POLICY ON CHANGING DOCKETS.—The Secretary shall 

develop and implement a policy allowing an appellant to move 

the appellant’s case from one docket to another docket.’’. 

(u) REPEAL OF CERTAIN AUTHORITY FOR INDEPENDENT MEDICAL

OPINIONS.— 

(1) IN GENERAL.—Section 7109 of such title is repealed. 

(2) CONFORMING AMENDMENT.—Section 5701(b)(1) of such 

title is amended by striking ‘‘or 7109’’. 

(3) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 71 of such title is amended by striking 

the item relating to section 7109. 

(v) CLARIFICATION OF PROCEDURES FOR REVIEW OF DECISIONS

ON GROUNDS OF CLEAR AND UNMISTAKABLE ERROR.—Section 7111(e) 

of such title is amended by striking ‘‘, without referral to any 

adjudicative or hearing official acting on behalf of the Secretary’’. 

38 USC 

prec. 7101. 

38 USC 7109. 

Notification. 

131 STAT. 1114 PUBLIC LAW 115–55—AUG. 23, 2017 

(w) EVIDENTIARY RECORD BEFORE BOARD OF VETERANS’ 

APPEALS.— 

(1) IN GENERAL.—Chapter 71 of such title is amended by 

adding at the end the following new section: 

‘‘§ 7113. Evidentiary record before the Board of Veterans’ 

Appeals 

‘‘(a) CASES WITH NO REQUEST FOR A HEARING OR ADDITIONAL

EVIDENCE.—For cases in which a hearing before the Board of Veterans’ Appeals is not requested in the notice of disagreement and 

no request was made to submit evidence, the evidentiary record 

before the Board shall be limited to the evidence of record at 

the time of the decision of the agency of original jurisdiction on 

appeal. 

‘‘(b) CASES WITH A REQUEST FOR A HEARING.—(1) Except as 

provided in paragraph (2), for cases in which a hearing is requested 

in the notice of disagreement, the evidentiary record before the 

Board shall be limited to the evidence of record at the time of 

the decision of the agency of original jurisdiction on appeal. 

‘‘(2) The evidentiary record before the Board for cases described 

in paragraph (1) shall include each of the following, which the 

Board shall consider in the first instance: 

‘‘(A) Evidence submitted by the appellant and his or her 

representative, if any, at the Board hearing. 

‘‘(B) Evidence submitted by the appellant and his or her 

representative, if any, within 90 days following the Board 

hearing. 

‘‘(c) CASES WITH NO REQUEST FOR A HEARING AND WITH A

REQUEST FOR ADDITIONAL EVIDENCE.—(1) Except as provided in 

paragraph (2), for cases in which a hearing is not requested in 

the notice of disagreement but an opportunity to submit evidence 

is requested, the evidentiary record before the Board shall be limited 

to the evidence considered by the agency of original jurisdiction 

in the decision on appeal. 

‘‘(2) The evidentiary record before the Board for cases described 

in paragraph (1) shall include each of the following, which the 

Board shall consider in the first instance: 

‘‘(A) Evidence submitted by the appellant and his or her 

representative, if any, with the notice of disagreement. 

‘‘(B) Evidence submitted by the appellant and his or her 

representative, if any, within 90 days following receipt of the 

notice of disagreement.’’. 

(2) NOTIFICATION WHEN EVIDENCE NOT CONSIDERED.—Section 7104(d) of such title is amended— 

(A) in paragraph (1), by striking ‘‘; and’’ and inserting 

a semicolon; 

(B) by redesignating paragraph (2) as paragraph (3); 

and 

(C) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) a general statement— 

‘‘(A) reflecting whether evidence was not considered 

in making the decision because the evidence was received 

at a time when not permitted under section 7113 of this 

title; and 

‘‘(B) noting such options as may be available for having 

the evidence considered by the Department; and’’. 

Deadline. 

Deadline. 

38 USC 7113. 

PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1115 

(3) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 71 of such title is amended by inserting 

after the item relating to section 7112 the following new item: 

‘‘7113. Evidentiary record before the Board of Veterans’ Appeals.’’. 

(x) APPLICABILITY.— (1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall apply to 

all claims for which notice of a decision under section 5104 

of title 38, United States Code, is provided by the Secretary 

of Veterans Affairs on or after the later of— 

(A) the date that is 540 days after the date of the 

enactment of this Act; and 

(B) the date that is 30 days after the date on which 

the Secretary of Veterans Affairs submits to the appropriate committees of Congress— 

(i) a certification that the Secretary confirms, without delegation, that the Department of Veterans Affairs 

has the resources, personnel, office space, procedures, 

and information technology required— 

(I) to carry out the new appeals system; 

(II) to timely address appeals under the new 

appeals system; and 

(III) to timely address appeals of decisions 

on legacy claims; and 

(ii) a summary of the expectations for performance 

outcomes that the Secretary used in making the certification under clause (i)(III) and a comparison of such 

expected performance outcomes with actual performance outcomes with respect to appeals of legacy claims 

before the effective date of the new appeals system. 

(2) COLLABORATION.—In determining whether and when 

to make a certification under paragraph (1)(B), the Secretary 

shall collaborate with, partner with, and give weight to the 

advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate. 

(3) EARLY APPLICABILITY.—The Secretary may apply the 

new appeals system to a claim with respect to which the claimant— 

(A) receives a notice of a decision under section 5104 

of such title after the date of the enactment of this Act 

and before the applicability date set forth in paragraph 

(1); and 

(B) elects to subject the claim to the new appeals 

system. 

(4) PHASED ROLLOUT.—The Secretary may begin 

implementation of the new appeals system in phases, with 

the first phase of such phased implementation beginning on 

the applicability date set forth in paragraph (1). 

(5) TREATMENT OF LEGACY CLAIMS.—With respect to legacy 

claims, upon the issuance to a claimant of a statement of 

the case or supplemental statement of the case occurring on 

or after the applicability date specified in paragraph (1), a 

claimant may elect to participate in the new appeals system. 

(6) PUBLICATION OF APPLICABILITY DATE.—Not later than 

the date on which the new appeals system goes into effect 

(or the first phase of the new appeals system goes into effect 

Deadline. 

Federal Register, 

publication. 

Effective date. 

Notice. 

Summary. 

Certification. 

Effective dates. 

Time period. 

38 USC 101 note. 

38 USC 

prec. 7101. 

131 STAT. 1116 PUBLIC LAW 115–55—AUG. 23, 2017 

under paragraph (4), as the case may be), the Secretary shall 

publish in the Federal Register such date. 

(7) DEFINITIONS.—In this subsection: 

(A) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(i) the Committee on Veterans’ Affairs and the 

Committee on Appropriations of the Senate; and 

(ii) the Committee on Veterans’ Affairs and the 

Committee on Appropriations of the House of Representatives. 

(B) VETERANS SERVICE ORGANIZATION.—The term ‘‘veterans service organization’’ means any organization recognized by the Secretary for the representation of veterans 

under section 5902 of title 38, United States Code. 

(y) RULE OF CONSTRUCTION.—Nothing in this section or any 

of the amendments made by this section shall be construed to 

limit the ability of a claimant to request a revision of a decision 

under section 5109A or 7111 of title 38, United States Code. 

SEC. 3. COMPREHENSIVE PLAN FOR PROCESSING OF LEGACY APPEALS 

AND IMPLEMENTING NEW APPEALS SYSTEM. 

(a) PLAN REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Veterans Affairs 

shall submit to the appropriate committees of Congress and the 

Comptroller General of the United States a comprehensive plan 

for— 

(1) the processing of appeals of decisions on legacy claims 

that the Secretary considers pending; 

(2) implementing the new appeals system; 

(3) timely processing, under the new appeals system, of— 

(A) supplemental claims under section 5108 of title 

38, United States Code, as amended by section 2(i); 

(B) requests for higher-level review under section 

5104B of such title, as added by section 2(g); and 

(C) appeals on any docket maintained under section 

7107 of such title, as amended by section 2(t); and 

(4) monitoring the implementation of the new appeals 

system, including metrics and goals— 

(A) to track the progress of the implementation; 

(B) to evaluate the efficiency and effectiveness of the 

implementation; and 

(C) to identify potential issues relating to the 

implementation. 

(b) ELEMENTS.—The plan required by subsection (a) shall 

include, at a minimum, the following: 

(1) Delineation of the total resource requirements of the 

Veterans Benefits Administration and the Board of Veterans’ 

Appeals, disaggregated by resources required to implement and 

administer the new appeals system and resources required 

to address the appeals of decisions on legacy claims. 

(2) Delineation of the personnel requirements of the 

Administration and the Board, including staffing levels during 

the— 

(A) period in which the Administration and the Board 

are concurrently processing— 

(i) appeals of decisions on legacy claims; and 

Deadline. 

38 USC 101 note. 

38 USC 101 note. 

PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1117 

(ii) appeals of decisions on non-legacy claims under 

the new appeals system; and 

(B) the period during which the Administration and 

the Board are no longer processing any appeals of decisions 

on legacy claims. 

(3) Identification of the legal authorities under which the 

Administration or the Board may— 

(A) hire additional employees to conduct the concurrent 

processing described in paragraph (2)(A); and 

(B) remove employees who are no longer required by 

the Administration or the Board once the Administration 

and the Board are no longer processing any appeals of 

decisions on legacy claims. 

(4) An estimate of the amount of time the Administration 

and the Board will require to hire additional employees as 

described in paragraph (3)(A) once funding has been made 

available for such purpose, including a comparison of such 

estimate and the historical average time required by the 

Administration and the Board to hire additional employees. 

(5) A description of the amount of training and experience 

that will be required of individuals conducting higher-level 

reviews under section 5104B of title 38, United States Code, 

as added by section 2(g). 

(6) An estimate of the percentage of higher-level adjudicators who will be employees of the Department of Veterans 

Affairs who were Decision Review Officers on the day before 

the new appeals system takes effect or had experience, as 

of such date, comparable to that of one who was a Decision 

Review Officer. 

(7) A description of the functions that will be performed 

after the date on which the new appeals system takes effect 

by Decision Review Officers who were Decision Review Officers 

on the day before the date the new appeals system takes 

effect. 

(8) Identification of and a timeline for— 

(A) any training that may be required as a result 

of hiring new employees to carry out the new appeals 

system or to process appeals of decisions on legacy claims; 

and 

(B) any retraining of existing employees that may be 

required to carry out such system or to process such claims. 

(9) Identification of the costs to the Department of Veterans 

Affairs of the training identified under paragraph (8) and any 

additional training staff and any additional training facilities 

that will be required to provide such training. 

(10) A description of the modifications to the information 

technology systems of the Administration and the Board that 

the Administration and the Board require to carry out the 

new appeals system, including cost estimates and a timeline 

for making the modifications. 

(11) An estimate of the office space the Administration 

and the Board will require during each of the periods described 

in paragraph (2), including— 

(A) an estimate of the amount of time the Administration and the Board will require to acquire any additional 

office space to carry out processing of appeals of decisions 

Estimates. 

Estimate. 

Estimate. 

Hiring. 

131 STAT. 1118 PUBLIC LAW 115–55—AUG. 23, 2017 

on legacy claims and processing of appeals under the new 

appeals system; 

(B) a comparison of the estimate under subparagraph 

(A) and the historical average time required by the 

Administration and the Board to acquire new office space; 

and 

(C) a plan for using telework to accommodate staff 

exceeding available office space, including how the 

Administration and the Board will provide training and 

oversight with respect to such teleworking. 

(12) Projections for the productivity of individual employees 

at the Administration and the Board in carrying out tasks 

relating to the processing of appeals of decisions on legacy 

claims and appeals under the new appeals system, taking into 

account the experience level of new employees and the enhanced 

notice requirements under section 5104(b) of title 38, United 

States Code, as amended by section 2(e). 

(13) An outline of the outreach the Secretary expects to 

conduct to inform veterans, families of veterans, survivors of 

veterans, veterans service organizations, military service 

organizations, congressional caseworkers, advocates for veterans, and such other stakeholders as the Secretary considers 

appropriate about the new appeals system, including— 

(A) a description of the resources required to conduct 

such outreach; and 

(B) timelines for conducting such outreach. 

(14) Timelines for updating any policy guidance, Internet 

websites, and official forms that may be necessary to carry 

out the new appeals system, including— 

(A) identification of which offices and entities will be 

involved in efforts relating to such updating; and 

(B) historical information about how long similar 

update efforts have taken. 

(15) A timeline, including interim milestones, for promulgating such regulations as may be necessary to carry out the 

new appeals system and a comparison with historical averages 

for time required to promulgate regulations of similar complexity and scope. 

(16) An outline of the circumstances under which claimants 

with pending appeals of decisions on legacy claims would be 

authorized to have their appeals reviewed under the new 

appeals system. 

(17) A delineation of the key goals and milestones for 

reducing the number of pending appeals that are not processed 

under the new appeals system, including the expected number 

of appeals, remands, and hearing requests at the Administration and the Board each year, beginning with the one year 

period beginning on the date of the enactment of this Act, 

until there are no longer any appeals pending before the 

Administration or the Board for a decision on a legacy claim. 

(18) A description of each risk factor associated with each 

element of the plan and a contingency plan to minimize each 

such risk. 

(c) REVIEW BY COMPTROLLER GENERAL OF THE UNITED

STATES.— 

Contingency 

plan. 

Telework plan. 

PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1119 

(1) IN GENERAL.—Not later than 90 days after the Comptroller General of the United States receives the plan required 

by subsection (a), the Comptroller General shall— 

(A) assess such plan; and 

(B) notify the appropriate committees of Congress of 

the findings of the Comptroller General with respect to 

the assessment conducted under subparagraph (A). 

(2) ELEMENTS.—The assessment conducted under paragraph (1)(A) shall include the following: 

(A) An assessment of whether the plan comports with 

sound planning practices. 

(B) Identification of any gaps in the plan. 

(C) Formulation of such recommendations as the Comptroller General considers appropriate. 

(d) PERIODIC PROGRESS REPORTS.—Not later than 90 days after 

the date on which the Secretary submits the plan under subsection 

(a), not less frequently than once every 90 days thereafter until 

the applicability date set forth in section 2(x)(1), and not less 

frequently than once every 180 days thereafter for the seven-year 

period following such applicability date, the Secretary shall submit 

to the appropriate committees of Congress and the Comptroller 

General a report on the progress of the Secretary in carrying 

out the plan and what steps, if any, the Secretary has taken 

to address any recommendations formulated by the Comptroller 

General pursuant to subsection (c)(2)(C). 

(e) PUBLICATION.—The Secretary shall make available to the 

public on an Internet website of the Department of Veterans 

Affairs— 

(1) the plan required by subsection (a); and 

(2) the periodic progress reports required by subsection 

(d). 

(f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committee on Veterans’ Affairs and the Committee 

on Appropriations of the Senate; and 

(2) the Committee on Veterans’ Affairs and the Committee 

on Appropriations of the House of Representatives. 

SEC. 4. PROGRAMS TO TEST ASSUMPTIONS RELIED ON IN DEVELOPMENT OF COMPREHENSIVE PLAN FOR PROCESSING OF 

LEGACY APPEALS AND SUPPORTING NEW APPEALS SYSTEM. 

(a) AUTHORIZATION.— 

(1) IN GENERAL.—The Secretary of Veterans Affairs may 

carry out such programs as the Secretary considers appropriate 

to test any assumptions relied upon in developing the comprehensive plan required by section 3(a) and to test the feasibility and advisability of any facet of the new appeals system. 

(2) REPORTING REQUIRED.—Whenever the Secretary determines, based on the conduct of a program under paragraph 

(1), that legislative changes to the new appeals system are 

necessary, the Secretary shall submit to the Committee on 

Veterans’ Affairs of the Senate and the Committee on Veterans’ 

Affairs of the House of Representatives notice of such determination. 

(b) DEPARTMENT OF VETERANS AFFAIRS PROGRAM ON FULLY

DEVELOPED APPEALS.— 

Determination. 

Notice. 

Public 

information. 

Web posting. 

Assessment. 

Notification. 

Assessment. 

Deadline. 

131 STAT. 1120 PUBLIC LAW 115–55—AUG. 23, 2017 

(1) IN GENERAL.—The Secretary of Veterans Affairs may, 

under subsection (a)(1), carry out a program to provide the 

option of an alternative appeals process that shall more quickly 

determine such appeals in accordance with this subsection. 

(2) ELECTION.— 

(A) FILING.—In accordance with subparagraph (B), a 

claimant may elect to file a fully developed appeal under 

the program by filing with the Secretary all of the following: 

(i) The notice of disagreement under chapter 71 

of title 38, United States Code, along with the written 

election of the claimant to have the appeal determined 

under the program. 

(ii) All evidence that the claimant believes is 

needed for the appeal as of the date of the filing. 

(iii) A statement of the argument in support of 

the claim, if any. 

(B) TIMING.—A claimant shall make an election under 

subparagraph (A) as part of the notice of disagreement 

filed by the claimant in accordance with subparagraph 

(A)(i). 

(C) TRIAGE.—The Secretary shall, upon expiration of 

the period specified in paragraph (3)(C)(iii), ensure that 

an assessment is undertaken of whether an appeal filed 

under subparagraph (A) of this paragraph satisfies the 

requirements for appeal under the program and provide 

appropriate notification to the claimant of the results of 

that assessment. 

(D) REVERSION.— 

(i) ELECTED REVERSION.—At any time, a claimant 

who makes an election under subparagraph (A) may 

elect to revert to the standard appeals process. Such 

a reversion shall be final. 

(ii) AUTOMATIC REVERSION.—A claimant described 

in clause (i), or a claimant who makes an election 

under subparagraph (A) but is later determined to 

be ineligible for the program under paragraph (1), shall 

revert to the standard appeals process without any 

penalty to the claimant other than the loss of the 

docket number associated with the fully developed 

appeal. 

(E) OUTREACH.—In providing claimants with notices 

of the determination of a claim during the period in which 

the program under paragraph (1) is carried out, the Secretary shall conduct outreach as follows: 

(i) The Secretary shall provide to the claimant 

(and to the representative of record of the claimant, 

if any) information regarding— 

(I) the program, including the advantages and 

disadvantages of the program; 

(II) how to make an election under subparagraph (A); 

(III) the limitation on the use of new evidence 

described in subparagraph (C) of paragraph (3) 

and the development of information under 

subparagraph (D) of such paragraph; 

Assessment. 

Notification. 

PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1121 

(IV) the ability of the claimant to seek advice 

and education regarding such process from veterans service organizations, attorneys, and claims 

agents recognized under chapter 59 of title 38, 

United States Code; and 

(V) the circumstances under which the appeal 

will automatically revert to the standard appeals 

process, including by making a request for a 

hearing. 

(ii) The Secretary shall collaborate, partner with, 

and give weight to the advice of the three veterans 

service organizations with the most members and such 

other stakeholders as the Secretary considers appropriate to publish on the Internet website of the Department of Veterans Affairs an online tutorial explaining 

the advantages and disadvantages of the program. 

(3) TREATMENT BY DEPARTMENT AND BOARD.— 

(A) PROCESS.—Upon the election of a claimant to file 

a fully developed appeal pursuant to paragraph (2)(A), 

the Secretary shall— 

(i) not provide the claimant with a statement of 

the case nor require the claimant to file a substantive 

appeal; and 

(ii) transfer jurisdiction over the fully developed 

appeal directly to the Board of Veterans’ Appeals. 

(B) DOCKET.— 

(i) IN GENERAL.—The Board of Veterans’ Appeals 

shall— 

(I) maintain fully developed appeals on a separate docket than standard appeals; 

(II) decide fully developed appeals in the order 

that the fully developed appeals are received on 

the fully developed appeal docket; 

(III) except as provided by clause (ii), decide 

not more than one fully developed appeal for each 

four standard appeals decided; and 

(IV) to the extent practicable, decide each fully 

developed appeal by the date that is one year 

following the date on which the claimant files the 

notice of disagreement. 

(ii) ADJUSTMENT.—Beginning one year after the 

date on which the program commences, the Board may 

adjust the number of standard appeals decided for 

each fully developed appeal under clause (i)(III) if the 

Board determines that such adjustment is fair for both 

standard appeals and fully developed appeals. 

(C) LIMITATION ON USE OF NEW EVIDENCE.— 

(i) IN GENERAL.—Except as provided by clauses 

(ii) and (iii)— 

(I) a claimant may not submit or identify to 

the Board of Veterans’ Appeals any new evidence 

relating to a fully developed appeal after filing 

such appeal unless the claimant reverts to the 

standard appeals process pursuant to paragraph 

(2)(D); and 

Effective date. 

Determination. 

Web posting. 

131 STAT. 1122 PUBLIC LAW 115–55—AUG. 23, 2017 

(II) if a claimant submits or identifies any 

such new evidence, such submission or identification shall be deemed to be an election to make 

such a reversion pursuant to paragraph (2)(D). 

(ii) EVIDENCE GATHERED BY BOARD.—Clause (i) 

shall not apply to evidence developed pursuant to subparagraphs (D) and (E). The Board shall consider such 

evidence in the first instance without consideration 

by the Veterans Benefits Administration. 

(iii) REPRESENTATIVE OF RECORD.—The representative of record of a claimant for appeals purposes, if 

any, shall be provided an opportunity to review the 

fully developed appeal of the claimant and submit any 

additional arguments or evidence that the representative determines necessary during a period specified 

by the Board for purposes of this subparagraph. 

(D) PROHIBITION ON REMAND FOR ADDITIONAL DEVELOPMENT.—If the Board of Veterans’ Appeals determines that 

a fully developed appeal requires Federal records, independent medical opinions, or new medical examinations, 

the Board shall— 

(i) in accordance with subparagraph (E), take such 

actions as may be necessary to develop such records, 

opinions, or examinations in accordance with section 

5103A of title 38, United States Code; 

(ii) retain jurisdiction of the fully developed appeal 

without requiring a determination by the Veterans 

Benefits Administration based on such records, opinions, or examinations; 

(iii) ensure the claimant, and the representative 

of record of a claimant, if any, receives a copy of 

such records, opinions, or examinations; and 

(iv) provide the claimant a period of 90 days after 

the date of mailing such records, opinions, or examinations during which the claimant may provide the Board 

any additional evidence without requiring the claimant 

to make a reversion pursuant to paragraph (2)(D). 

(E) DEVELOPMENT UNIT.— 

(i) ESTABLISHMENT.—The Board of Veterans’ 

Appeals shall establish an office to develop Federal 

records, independent medical opinions, and new medical examinations pursuant to subparagraph (D)(i) that 

the Board determines necessary to decide a fully developed appeal. 

(ii) REQUIREMENTS.—The Secretary shall— 

(I) ensure that the Veterans Benefits Administration cooperates with the Board of Veterans’ 

Appeals in carrying out clause (i); and 

(II) transfer employees of the Veterans Benefits Administration who, prior to the enactment 

of this Act, were responsible for processing claims 

remanded by the Board of Veterans’ Appeals to 

positions within the office of the Board established 

under clause (i) in a number the Secretary determines sufficient to carry out such subparagraph. 

(F) HEARINGS.—Notwithstanding section 7107 of title 

38, United States Code, the Secretary may not provide 

Determination. 

Determination. 

Time period. 

Determination. 

Records. 

PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1123 

hearings with respect to fully developed appeals under 

the program. If a claimant requests to hold a hearing 

pursuant to such section 7107, such request shall be 

deemed to be an election to revert to the standard appeals 

process pursuant to paragraph (2)(D). 

(4) DURATION; APPLICABILITY.— (A) DURATION.—Subject to subsection (c), the Secretary 

may carry out the program during such period as the 

Secretary considers appropriate. 

(B) APPLICABILITY.—This section shall apply only to 

fully developed appeals that are filed during the period 

in which the program is carried out pursuant to subparagraph (A). 

(5) DEFINITIONS.—In this subsection: 

(A) COMPENSATION.—The term ‘‘compensation’’ has the 

meaning given that term in section 101 of title 38, United 

States Code. 

(B) FULLY DEVELOPED APPEAL.—The term ‘‘fully developed appeal’’ means an appeal of a claim for disability 

compensation that is— 

(i) filed by a claimant in accordance with paragraph (2)(A); and 

(ii) considered in accordance with this subsection. 

(C) STANDARD APPEAL.—The term ‘‘standard appeal’’ 

means an appeal of a claim for disability compensation 

that is not a fully developed appeal. 

(c) TERMINATION OF AUTHORITY.—The Secretary of Veterans 

Affairs may not carry out a program under this section after the 

applicability date set forth in section 2(x)(1). 

SEC. 5. PERIODIC PUBLICATION OF METRICS RELATING TO PROCESSING OF APPEALS BY DEPARTMENT OF VETERANS 

AFFAIRS. 

The Secretary of Veterans Affairs shall periodically publish 

on an Internet website of the Department of Veterans Affairs the 

following: 

(1) With respect to the processing by the Secretary of 

appeals under the new appeals system of decisions regarding 

claims for benefits under laws administered by the Secretary, 

the following: 

(A) For the Veterans Benefits Administration and, to 

the extent practicable, each regional office of the Department of Veterans Affairs, the number of— 

(i) supplemental claims under section 5108 of title 

38, United States Code, as amended by section 2(i), 

that are pending; and 

(ii) requests for higher-level review under section 

5104B of such title, as added by section 2(g), that 

are pending. 

(B) The number of appeals on any docket maintained 

under section 7107 of such title, as amended by section 

2(t), that are pending. 

(C) The average duration for processing claims and 

supplemental claims, disaggregated by regional office. 

(D) The average duration for processing requests for 

higher-level review under section 5104B of such title, as 

added by section 2(g), disaggregated by regional office. 

Web posting. 

131 STAT. 1124 PUBLIC LAW 115–55—AUG. 23, 2017 

(E) The average number of days that appeals are 

pending on a docket of the Board of Veterans’ Appeals 

maintained pursuant to section 7107 of such title, as 

amended by section 2(t), disaggregated by— 

(i) appeals that include a request for a hearing; 

(ii) appeals that do not include a request for a 

hearing and do include submittal of evidence; and 

(iii) appeals that do not include a request for a 

hearing and do not include submittal of evidence. 

(F) With respect to the policy developed and implemented under section 7107(e) of such title, as amended 

by section 2(t)— 

(i) the number of cases moved from one docket 

to another pursuant to such policy; 

(ii) the average time cases were pending prior to 

moving from one docket to another; and 

(iii) the average time to adjudicate the cases after 

so moving. 

(G) The total number of remands to obtain advisory 

medical opinions under section 5109(d) of title 38, United 

States Code, as added by section 2(j). 

(H) The average number of days between the date 

on which the Board remands a claim to obtain an advisory 

medical opinion under section 5109(d) of such title, as 

so added, and the date on which the advisory medical 

opinion is obtained. 

(I) The average number of days between the date on 

which the Board remands a claim to obtain an advisory 

medical opinion under section 5109(d) of such title, as 

so added, and the date on which the agency of original 

jurisdiction issues a decision taking that advisory opinion 

into account. 

(J) The number of appeals that are granted, the 

number of appeals that are remanded, and the number 

of appeals that are denied by the Board disaggregated 

by docket. 

(K) The number of claimants each year that take action 

within the period set forth in section 5110(a)(2) of such 

title, as added by section 2(l), to protect their effective 

date under such section 5110(a)(2), disaggregated by the 

status of the claimants taking the actions, such as whether 

the claimant is represented by a veterans service organization, the claimant is represented by an attorney, or the 

claimant is taking such action pro se. 

(L) The total number of times on average each claimant 

files under section 5110(a)(2) of such title, as so added, 

to protect their effective date under such section, 

disaggregated by the subparagraph of such section under 

which they file. 

(M) The average duration, from the filing of an initial 

claim until the claim is resolved and claimants no longer 

take any action to protect their effective date under section 

5110(a)(2) of such title, as so added— 

(i) of claims under the new appeals system, 

excluding legacy claims that opt in to the new appeals 

system; and 

PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1125 

(ii) of legacy claims that opt in to the new appeals 

system. 

(N) How frequently an action taken within one year 

to protect an effective date under section 5110(a)(2) of 

such title, as so added, leads to additional grant of benefits, 

disaggregated by action taken. 

(O) The average of how long it takes to complete each 

segment of the claims process while claimants are protecting the effective date under such section, disaggregated 

by the time waiting for the claimant to take an action 

and the time waiting for the Secretary to take an action. 

(P) The number and the average amount of retroactive 

awards of benefits from the Secretary as a result of protected effective dates under such section, disaggregated 

by action taken. 

(Q) The average number of times claimants submit 

to the Secretary different claims with respect to the same 

condition, such as an initial claim and a supplemental 

claim. 

(R) The number of cases each year in which a claimant 

inappropriately tried to take simultaneous actions, such 

as filing a supplemental claim while a higher-level review 

is pending, what actions the Secretary took in response, 

and how long it took on average to take those actions. 

(S) In the case that the Secretary develops and implements a policy under section 5104C(a)(2)(D) of such title, 

as amended by section 2(h)(1), the number of actions withdrawn and new actions taken pursuant to such policy. 

(T) The number of times the Secretary received evidence relating to an appeal or higher-level review at a 

time not authorized under the new appeals system, 

disaggregated by actions taken by the Secretary to deal 

with the evidence and how long on average it took to 

take those actions. 

(U) The number of errors committed by the Secretary 

in carrying out the Secretary’s duty to assist under section 

5103A of title 38, United States Code, that were identified 

by higher-level review and by the Board, disaggregated 

by type of error, such as errors relating to private records 

and inadequate examinations, and a comparison with 

errors committed by the Secretary in carrying out such 

duty with respect to appeals of decisions on legacy claims. 

(V) An assessment of the productivity of employees 

at the regional offices and at the Board, disaggregated 

by level of experience of the employees. 

(W) The percentage of cases that are decided within 

the goals established by the Secretary for deciding cases, 

disaggregated by cases that involve a supplemental claim, 

cases that involve higher-level review, and by docket maintained under section 7107(a) of such title, as amended 

by section 2(t), or in the case that the Secretary has not 

established goals for deciding cases, the percentage of cases 

which are decided within one year, two years, three years, 

and more than three years, disaggregated by docket. 

(X) Of the cases that involve higher-level review, the 

percentage of decisions that are overturned in whole or 

in part by the higher-level adjudicator, that are upheld 

Assessment. 

131 STAT. 1126 PUBLIC LAW 115–55—AUG. 23, 2017 

by the higher-level adjudicator, and that are returned for 

correction of an error. 

(Y) The frequency by which the Secretary readjudicates 

a claim pursuant to section 5108 of such title, as amended 

by section 2(i), and the frequency by which readjudication 

pursuant to section 5108 of such title, as so amended, 

results in an award of benefits. 

(Z) In any case in which the Board decides to screen 

cases for a purpose described in section 7107(d) of such 

title, as amended by section 2(t)(1)— 

(i) a description of the way in which the cases 

are screened and the purposes for which they are 

screened; 

(ii) a description of the effect such screening has 

had on— 

(I) the timeliness of the issuance of decisions 

of the Board; and 

(II) the inventory of cases before the Board; 

and 

(iii) the type and frequency of development errors 

detected through such screening. 

(2) With respect to the processing by the Secretary of 

appeals of decisions on legacy claims, the following: 

(A) The average duration of each segment of the 

appeals process, disaggregated by periods in which the 

Secretary is waiting for a claimant to take an action and 

periods in which the claimant is waiting for the Secretary 

to take an action. 

(B) The frequency by which appeals lead to additional 

grant of benefits by the Secretary, disaggregated by 

whether the additional benefits are a result of additional 

evidence added after the initial decision. 

(C) The number and average amount of retroactive 

awards of benefits resulting from an appeal. 

(D) The average duration from filing a legacy claim 

with the Secretary until all appeals and remands relating 

to such legacy claim are completed. 

(E) The average number of times claimants submit 

to the Secretary different claims with respect to the same 

condition, such as an initial claim, new and material evidence, or a claim for an increase in benefits. 

(F) An assessment of the productivity of employees 

at the regional offices and at the Board, disaggregated 

by level of experience of the employees. 

(G) The average number of days the duration of an 

appeal is extended because the Secretary secured or 

attempted to secure an advisory medical opinion under 

section 5109 of title 38, United States Code, or section 

7109 of such title (as in effect on the day before the date 

of the enactment of this Act). 

(H) The frequency by which claims are reopened pursuant to section 5108 of such title and the frequency by 

which such reopening results in an award of benefits. 

(3) With respect to the processing by the Secretary of 

appeals of decisions on legacy claims that opt in to the new 

appeals system, the following: 

(A) The cumulative number of such legacy claims. 

Assessment. 

PUBLIC LAW 115–55—AUG. 23, 2017 131 STAT. 1127 

(B) The portion of work in the new appeals system 

attributable to appeals of decisions on such legacy claims. 

(C) The average period such legacy claims were 

pending before opting in to the new appeals system and 

the average period required to adjudicate such legacy 

claims on average after opting in— 

(i) with respect to claims at a regional office of 

the Department of Veterans Affairs, disaggregated 

by— 

(I) supplemental claims under section 5108 

of title 38, United States Code, as amended by 

section 2(i); and 

(II) requests for higher-level review under section 5104B of such title, as added by section 2(g); 

and 

(ii) with respect to appeals, disaggregated by 

docket of the Board maintained under section 7107 

of such title, as amended by section 2(t). 

SEC. 6. DEFINITIONS. 

In this Act: 

(1) CLAIMANT.—The term ‘‘claimant’’ has the meaning given 

such term in section 5100 of title 38, United States Code. 

(2) LEGACY CLAIMS.—The term ‘‘legacy claim’’ means a 

claim— 

(A) that was submitted to the Secretary of Veterans 

Affairs for a benefit under a law administered by the 

Secretary; and 

(B) for which notice of a decision under section 5104 

of title 38, United States Code, was provided by the Secretary before the date set forth in section 2(x). 

(3) OPT IN.—The term ‘‘opt in’’ means, with respect to 

a legacy claim of a claimant, that the claimant elects to subject 

the claim to the new appeals system pursuant to— 

(A) section 2(x)(3); or 

(B) such other mechanism as the Secretary may prescribe for purposes of carrying out this Act and the amendments made by this Act. 

(4) NEW APPEALS SYSTEM.—The term ‘‘new appeals system’’ 

means the set of processes and mechanisms by which the 

131 STAT. 1128 PUBLIC LAW 115–55—AUG. 23, 2017 

LEGISLATIVE HISTORY—H.R. 2288 (S. 1024): 

HOUSE REPORTS: No. 115–135 (Comm. on Veterans’ Affairs). 

SENATE REPORTS: No. 115–126 (Comm. on Veterans’ Affairs) accompanying 

S. 1024. 

CONGRESSIONAL RECORD, Vol. 163 (2017): 

May 23, considered and passed House. 

Aug. 1, considered and passed Senate, amended. 

Aug. 11, House concurred in Senate amendment. 

Æ 

Secretary processes, pursuant to the authorities and requirements modified by section 2, claims for benefits under laws 

administered by the Secretary. 

Approved August 23, 2017.