II 

115TH CONGRESS 

1ST SESSION S. 712 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 23, 2017 

Mr. BLUMENTHAL (for himself, Mr. TESTER, Mr. KING, Mr. KAINE, Ms. 

HASSAN, Mr. CASEY, Ms. BALDWIN, Mr. VAN HOLLEN, Mrs. MURRAY, 

Mr. DURBIN, Mrs. FEINSTEIN, Mr. SANDERS, Mr. UDALL, Ms. HIRONO, 

Mrs. SHAHEEN, Mr. WARNER, Mr. BROWN, and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Vet5 erans Affairs Appeals Modernization Act of 2017’’. 


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

2 APPEALS OF DECISIONS REGARDING CLAIMS 

3 FOR BENEFITS UNDER LAWS ADMINISTERED 

4 BY SECRETARY OF VETERANS AFFAIRS. 

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

6 States Code, is amended by adding at the end the fol7 lowing new paragraphs: 

8 ‘‘(34) The term ‘agency of original jurisdiction’ 

9 means the activity which entered the original deter10 mination with regard to a claim for benefits under 

11 laws administered by the Secretary. 

12 ‘‘(35) The term ‘relevant evidence’ means evi13 dence that tends to prove or disprove a matter in 

14 issue.’’. 

15 (b) NOTICE REGARDING CLAIMS.—Section 5103(a) 

16 of such title is amended— 

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

18 striking ‘‘The’’ and inserting ‘‘Except as provided in 

19 paragraph (3), the’’; 

20 (2) in paragraph (2)(B)(i) by striking ‘‘, a 

21 claim for reopening a prior decision on a claim, or 

22 a claim for an increase in benefits;’’ and inserting 

23 ‘‘or a supplemental claim;’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(3) The requirement to provide notice under para2 graph (1) shall not apply with respect to a supplemental 

3 claim that is filed within the timeframe set forth in sub4 paragraphs (B) and (D) of section 5110(a)(2) of this 

5 title.’’. 

6 (c) MODIFICATION OF RULE REGARDING DIS7 ALLOWED CLAIMS.—Section 5103A(f) of such title is 

8 amended— 

9 (1) by striking ‘‘reopen’’ and inserting ‘‘readju10 dicate’’; and 

11 (2) by striking ‘‘material’’ and inserting ‘‘rel12 evant’’. 

13 (d) MODIFICATION OF DUTY TO ASSIST CLAIM14 ANTS.—Section 5103A of such title is amended— 

15 (1) by redesignating subsections (e) through (g) 

16 as subsections (g) through (i), respectively; and 

17 (2) by inserting after subsection (d) the fol18 lowing new subsections: 

19 ‘‘(e) APPLICABILITY OF DUTY TO ASSIST.—(1) The 

20 Secretary’s duty to assist under this section shall apply 

21 only to a claim, or supplemental claim, for a benefit under 

22 a law administered by the Secretary until the time that 

23 a claimant is provided notice of the agency of original ju24 risdiction’s decision with respect to such claim, or supple25 mental claim, under section 5104 of this title. 


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

2 shall not apply to higher-level review by the agency of 

3 original jurisdiction, pursuant to section 5104B of this 

4 title, or to review on appeal by the Board of Veterans’ 

5 Appeals. 

6 ‘‘(f) CORRECTION OF DUTY TO ASSIST ERRORS.— 

7 (1) If, during review of the agency of original jurisdiction 

8 decision under section 5104B of this title, the higher-level 

9 reviewer identifies an error on the part of the agency of 

10 original jurisdiction to satisfy its duties under this section, 

11 and that error occurred prior to the agency of original ju12 risdiction decision being reviewed, unless the claim can be 

13 granted in full, the higher-level reviewer shall return the 

14 claim for correction of such error and readjudication. 

15 ‘‘(2)(A) If the Board of Veterans’ Appeals, during re16 view on appeal of an agency of original jurisdiction deci17 sion, identifies an error on the part of the agency of origi18 nal jurisdiction to satisfy its duties under this section, and 

19 that error occurred prior to the agency of original jurisdic20 tion decision on appeal, unless the claim can be granted 

21 in full, the Board shall remand the claim to the agency 

22 of original jurisdiction for correction of such error and re23 adjudication. 

24 ‘‘(B) Remand for correction of such error may in25 clude directing the agency of original jurisdiction to obtain 


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1 an advisory medical opinion under section 5109 of this 

2 title.’’. 

3 (e) DECISIONS AND NOTICES OF DECISIONS.—Sub4 section (b) of section 5104 of such title is amended to read 

5 as follows: 

6 ‘‘(b) In any case where the Secretary denies a benefit 

7 sought, the notice required by subsection (a) shall also in8 clude all of the following: 

9 ‘‘(1) Identification of the issues adjudicated. 

10 ‘‘(2) A summary of the evidence considered by 

11 the Secretary. 

12 ‘‘(3) A summary of the applicable laws and reg13 ulations. 

14 ‘‘(4) Identification of findings favorable to the 

15 claimant. 

16 ‘‘(5) Identification of elements not satisfied 

17 leading to the denial. 

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

19 evidence used in making the decision. 

20 ‘‘(7) If applicable, identification of the criteria 

21 that must be satisfied to grant service connection or 

22 the next higher level of compensation.’’. 

23 (f) BINDING NATURE OF FAVORABLE FINDINGS.— 


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

2 amended inserting after section 5104 the following 

3 new section: 

4 ‘‘§ 5104A. Binding nature of favorable findings 

5 ‘‘Any finding favorable to the claimant as described 

6 in section 5104(b)(4) of this title shall be binding on all 

7 subsequent adjudicators within the Department, unless 

8 clear and convincing evidence is shown to the contrary to 

9 rebut such favorable finding.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 51 of such title is 

12 amended by inserting after the item relating to sec13 tion 5104 the following new item: 

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

14 (g) HIGHER-LEVEL REVIEW BY AGENCY OF ORIGI15 NAL JURISDICTION.— 

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

17 amended by subsection (f), is further amended by in18 serting after section 5104A, as added by such sub19 section, the following new section: 

20 ‘‘§ 5104B. Higher-level review by the agency of origi21 nal jurisdiction 

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

23 of the decision of the agency of original jurisdiction by 

24 a higher-level adjudicator within the agency of original ju25 risdiction. 


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1 ‘‘(b) TIME AND MANNER OF REQUEST.—(1) A re2 quest for higher-level review by the agency of original ju3 risdiction shall be— 

4 ‘‘(A) in writing in such form as the Secretary 

5 may prescribe; and 

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

7 agency of original jurisdiction’s decision. 

8 ‘‘(2) Such request may specifically indicate whether 

9 such review is requested by a higher-level adjudicator at 

10 the same office within the agency of original jurisdiction 

11 or by an adjudicator at a different office of the agency 

12 of original jurisdiction. 

13 ‘‘(c) DECISION.—Notice of a higher-level review deci14 sion under this section shall be provided in writing. 

15 ‘‘(d) EVIDENTIARY RECORD FOR REVIEW.—The evi16 dentiary record before the higher-level reviewer shall be 

17 limited to the evidence of record in the agency of original 

18 jurisdiction decision being reviewed. 

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

20 the agency of original jurisdiction by a higher-level adjudi21 cator within the agency of original jurisdiction shall be de 

22 novo.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 51 of such title, as 

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1 serting after the item relating to section 5104A, as 

2 added by such subsection, the following new item: 

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

3 (h) OPTIONS FOLLOWING DECISION BY AGENCY OF

4 ORIGINAL JURISDICTION.— 

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

6 amended by subsection (g), is further amended by 

7 inserting after section 5104B, as added by such sub8 section, the following new section: 

9 ‘‘§ 5104C. Options following decision by agency of 

10 original jurisdiction 

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

12 to paragraph (2), in any case in which the Secretary de13 nies a claim, the claimant may take any of the following 

14 actions on or before the date that is one year after the 

15 date on which the agency of original jurisdiction issues 

16 a decision with respect to that claim: 

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

18 under section 5104B of this title. 

19 ‘‘(B) File a supplemental claim under section 

20 5108 of this title. 

21 ‘‘(C) File a notice of disagreement under sec22 tion 7105 of this title. 

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

24 paragraph (1), the claimant may not take another action 


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1 set forth in that paragraph with respect to such claim 

2 until— 

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

4 or appeal in connection with the notice of disagree5 ment is adjudicated; or 

6 ‘‘(ii) the request for higher-level review, supple7 mental claim, or notice of disagreement is with8 drawn. 

9 ‘‘(B) Nothing in this subsection shall prohibit a 

10 claimant from taking any of the actions set forth in para11 graph (1) in succession with respect to a claim. 

12 ‘‘(C) Nothing in this subsection shall prohibit a 

13 claimant from taking different actions set forth in para14 graph (1) with respect to different claims. 

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

16 any case in which the Secretary denies a claim and more 

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

18 agency of original jurisdiction issues a decision with re19 spect to that claim, the claimant may file a supplemental 

20 claim under section 5108 of this title.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 51 of such title, as 

23 amended by subsection (g), is further amended by 

24 inserting after the item relating to section 5104B, as 

25 added by such subsection, the following new item: 

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


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1 (i) SUPPLEMENTAL CLAIMS.— 

2 (1) IN GENERAL.—Section 5108 of such title is 

3 amended to read as follows: 

4 ‘‘§ 5108. Supplemental claims 

5 ‘‘If new and relevant evidence is presented or secured 

6 with respect to a supplemental claim, the Secretary shall 

7 readjudicate the claim taking into consideration any evi8 dence added to the record prior to the former disposition 

9 of the claim.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 51 of such title is 

12 amended by striking the item relating to section 

13 5108 and inserting the following new item: 

‘‘5108. Supplemental claims.’’. 

14 (j) REMAND TO OBTAIN ADVISORY MEDICAL OPIN15 ION.—Section 5109 of such title is amended by adding 

16 at the end the following new subsection: 

17 ‘‘(d)(1) The Board of Veterans’ Appeals may remand 

18 a claim to direct the agency of original jurisdiction to ob19 tain an advisory medical opinion under this section to cor20 rect an error on the part of the agency of original jurisdic21 tion to satisfy its duties under section 5103A of this title 

22 when such error occurred prior to the agency of original 

23 jurisdiction decision on appeal. 


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

2 the questions to be posed to the independent medical ex3 pert providing the advisory medical opinion.’’. 

4 (k) RESTATEMENT OF REQUIREMENT FOR EXPE5 DITED TREATMENT OF REMANDED CLAIMS.—Section 

6 5109B of such title is amended to read as follows: 

7 ‘‘§ 5109B. Expedited treatment of remanded claims 

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

9 necessary to provide for the expeditious treatment by the 

10 agency of original jurisdiction of any claim that is re11 manded by the Board of Veterans’ Appeals.’’. 

12 (l) EFFECTIVE DATES OF AWARDS.—Section 5110 of 

13 title 38, United States Code, is amended— 

14 (1) by amending subsection (a) to read as fol15 lows: 

16 ‘‘(a)(1) Unless specifically provided otherwise in this 

17 chapter, the effective date of an award based on an initial 

18 claim, or a supplemental claim, of compensation, depend19 ency and indemnity compensation, or pension, shall be 

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

21 earlier than the date of receipt of application therefor. 

22 ‘‘(2) For purposes of determining the effective date 

23 of an award under this section, the date of application 

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1 plication for a benefit if the claim is continuously pursued 

2 by filing any of the following, either alone or in succession: 

3 ‘‘(A) A request for higher-level review under 

4 section 5104B of this title on or before the date that 

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

6 original jurisdiction issues a decision. 

7 ‘‘(B) A supplemental claim under section 5108 

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

9 after the date on which the agency of original juris10 diction issues a decision. 

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

12 date that is one year after the date on which the 

13 agency of original jurisdiction issues a decision. 

14 ‘‘(D) A supplemental claim under section 5108 

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

16 after the date on which the Board of Veterans’ Ap17 peals issues a decision. 

18 ‘‘(3) Except as otherwise provided in this section, for 

19 supplemental claims received more than one year after the 

20 date on which the agency of original jurisdiction issued 

21 a decision or the Board of Veterans’ Appeals issued a deci22 sion, the effective date shall be fixed in accordance with 

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

24 receipt of the supplemental claim.’’; and 

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


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1 (A) by striking ‘‘reopened’’ and inserting 

2 ‘‘readjudicated’’; 

3 (B) by striking ‘‘material’’ and inserting 

4 ‘‘relevant’’; and 

5 (C) by striking ‘‘reopening’’ and inserting 

6 ‘‘readjudication’’. 

7 (m) DEFINITION OF AWARD OR INCREASED AWARD

8 FOR PURPOSES OF PROVISIONS RELATING TO COM9 MENCEMENT OF PERIOD OF PAYMENT.—Section 

10 5111(d)(1) of such title is amended by striking ‘‘or re11 opened award’’ and inserting ‘‘award or award based on 

12 a supplemental claim’’. 

13 (n) MODIFICATION ON LIMITATION ON FEES ALLOW14 ABLE FOR REPRESENTATION.—Section 5904(c) of such 

15 title is amended, in paragraphs (1) and (2), by striking 

16 ‘‘notice of disagreement is filed’’ both places it appears 

17 and inserting ‘‘claimant is provided notice of the agency 

18 of original jurisdiction’s initial decision under section 5104 

19 of this title’’. 

20 (o) CLARIFICATION OF BOARD OF VETERANS’ AP21 PEALS REFERRAL REQUIREMENTS AFTER ORDER FOR

22 RECONSIDERATION OF DECISIONS.—Section 7103(b)(1) 

23 of title 38, United States Code, is amended by striking 

24 ‘‘heard’’ both places it appears and inserting ‘‘decided’’. 


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1 (p) CONFORMING AMENDMENT RELATING TO RE2 ADJUDICATION.—Section 7104(b) of such title is amended 

3 by striking ‘‘reopened’’ and inserting ‘‘readjudicated’’. 

4 (q) MODIFICATION OF PROCEDURES FOR APPEALS

5 TO BOARD OF VETERANS’ APPEALS.— 

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

7 United States Code, is amended— 

8 (A) in subsection (a)— 

9 (i) by striking the first sentence and 

10 inserting ‘‘Appellate review shall be initi11 ated by the filing of a notice of disagree12 ment in the form prescribed by the Sec13 retary.’’; and 

14 (ii) by striking ‘‘hearing and’’; 

15 (B) by amending subsection (b) to read as 

16 follows: 

17 ‘‘(b)(1)(A) Except in the case of simultaneously con18 tested claims, notice of disagreement shall be filed within 

19 one year from the date of the mailing of notice of the deci20 sion of the agency of original jurisdiction pursuant to sec21 tion 5104, 5104B, or 5108 of this title. 

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

23 expiration of the 1-year period shall be accepted as timely 

24 filed. 


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

2 notice of disagreement shall be decided by the Board. 

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

4 shall set out specific allegations of error of fact or law, 

5 and may be filed by the claimant, the claimant’s legal 

6 guardian, or such accredited representative, attorney, or 

7 authorized agent as may be selected by the claimant or 

8 legal guardian. 

9 ‘‘(B) Not more than one recognized organization, at10 torney, or agent may be recognized at any one time in 

11 the prosecution of a claim. 

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

13 Board. 

14 ‘‘(3)(A) The notice of disagreement shall indicate 

15 whether the claimant requests— 

16 ‘‘(i) a hearing before the Board; 

17 ‘‘(ii) an opportunity to submit additional evi18 dence without a hearing before the Board; or 

19 ‘‘(iii) a review by the Board without a hearing 

20 or submission of additional evidence. 

21 ‘‘(B) If the claimant does not expressly request a 

22 hearing before the Board in the notice of disagreement, 

23 no hearing before the Board shall be held.’’; 

24 (C) by amending subsection (c) to read as 

25 follows: 


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1 ‘‘(c) If no notice of disagreement is filed in accord2 ance with this chapter within the prescribed period, the 

3 action or decision of the agency of original jurisdiction 

4 shall become final and the claim shall not thereafter be 

5 readjudicated or allowed, except as may otherwise be pro6 vided by section 5104B or 5108 of this title or such regu7 lations as are consistent with this title.’’; 

8 (D) by striking subsection (d) and insert9 ing the following new subsection (d): 

10 ‘‘(d) The Board of Veterans’ Appeals may dismiss 

11 any appeal which fails to allege specific error of fact or 

12 law in the decision being appealed.’’; 

13 (E) by striking subsection (e); and 

14 (F) in the section heading, by striking 

15 ‘‘notice of disagreement and’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 71 of such title is 

18 amended by striking the item relating to section 

19 7105 and inserting the following new item: 

‘‘7105. Filing of appeal.’’. 

20 (r) MODIFICATION OF PROCEDURES AND REQUIRE21 MENTS FOR SIMULTANEOUSLY CONTESTED CLAIMS.— 

22 Subsection (b) of section 7105A of such title is amended 

23 to read as follows: 

24 ‘‘(b)(1) The substance of the notice of disagreement 

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1 terest and a period of thirty days shall be allowed for filing 

2 a brief or argument in response thereto. 

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

4 address of record of the parties concerned, and such action 

5 shall constitute sufficient evidence of notice.’’. 

6 (s) REPEAL OF PROCEDURES FOR ADMINISTRATIVE

7 APPEALS.— 

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

9 amended by striking section 7106. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 71 of such title is 

12 amended by striking the item relating to section 

13 7106. 

14 (t) MODIFICATIONS RELATING TO APPEALS: DOCK15 ETS; HEARINGS.—Section 7107 of such title is amended 

16 to read as follows: 

17 ‘‘§ 7107. Appeals: dockets; hearings 

18 ‘‘(a) DOCKETS.—(1) The Board shall maintain two 

19 separate dockets as follows: 

20 ‘‘(A) A non-hearing option docket shall be 

21 maintained for cases in which no Board hearing is 

22 requested and no additional evidence will be sub23 mitted. 

24 ‘‘(B) A separate and distinct hearing option 

25 docket shall be maintained for cases in which a 


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1 Board hearing is requested in the notice of disagree2 ment or in which no Board hearing is requested, but 

3 the appellant requests, in the notice of disagreement, 

4 an opportunity to submit additional evidence. 

5 ‘‘(2) Except as provided in subsection (b), each case 

6 before the Board will be decided in regular order according 

7 to its respective place on the Board’s non-hearing option 

8 docket or the hearing option docket. 

9 ‘‘(b) ADVANCEMENT ON THE DOCKET.—(1) A case 

10 on either the Board’s non-hearing option docket or hear11 ing option docket may, for cause shown, be advanced on 

12 motion for earlier consideration and determination. 

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

14 grounds upon which the motion is based. 

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

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

17 general application affecting other claims; 

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

19 severe financial hardship; or 

20 ‘‘(C) for other sufficient cause shown. 

21 ‘‘(c) MANNER AND SCHEDULING OF HEARINGS FOR

22 CASES ON BOARD HEARING OPTION DOCKET.—(1) For 

23 cases on the Board hearing option docket in which a hear24 ing is requested in the notice of disagreement, the Board 


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1 shall notify the appellant whether a Board hearing will 

2 be held— 

3 ‘‘(A) at its principal location, or 

4 ‘‘(B) by picture and voice transmission at a fa5 cility of the Department where the Secretary has 

6 provided suitable facilities and equipment to conduct 

7 such hearings. 

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

9 Board’s principal location as described in subparagraph 

10 (A) of paragraph (1), the appellant may alternatively re11 quest a hearing as described in subparagraph (B) of such 

12 paragraph. If so requested, the Board shall grant such re13 quest. 

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

15 and voice transmission as described in subparagraph (B) 

16 of paragraph (1), the appellant may alternatively request 

17 a hearing as described in subparagraph (A) of such para18 graph. If so requested, the Board shall grant such request. 

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

20 shall be construed to preclude the screening of cases for 

21 purposes of— 

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

23 decisional purposes; or 


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1 ‘‘(2) the development, or attempted develop2 ment, of a record found to be inadequate for 

3 decisional purposes.’’. 

4 (u) REPEAL OF CERTAIN AUTHORITY FOR INDE5 PENDENT MEDICAL OPINIONS.— 

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

7 hereby repealed. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 71 of such title is 

10 amended by striking the item relating to section 

11 7109. 

12 (v) CLARIFICATION OF PROCEDURES FOR REVIEW OF

13 DECISIONS ON GROUNDS OF CLEAR AND UNMISTAKABLE

14 ERROR.—Section 7111(e) of title 38, United States Code, 

15 is amended by striking ‘‘, without referral to any adjudica16 tive or hearing official acting on behalf of the Secretary’’. 

17 (w) EVIDENTIARY RECORD BEFORE BOARD OF VET18 ERANS’ APPEALS.— 

19 (1) IN GENERAL.—Chapter 71 of title 38, 

20 United States Code, is amended by adding at the 

21 end the following new section: 

22 ‘‘§ 7113. Evidentiary record before the Board of Vet23 erans’ Appeals 

24 ‘‘(a) NON-HEARING OPTION DOCKET.—For cases in 

25 which a hearing before the Board of Veterans’ Appeals 


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1 is not requested in the notice of disagreement, the evi2 dentiary record before the Board shall be limited to the 

3 evidence of record at the time of the decision of the agency 

4 of original jurisdiction on appeal. 

5 ‘‘(b) HEARING OPTION DOCKET.—(1)(A) Except as 

6 provided in subparagraph (B) of this paragraph, for cases 

7 on the hearing option docket in which a hearing is re8 quested in the notice of disagreement, the evidentiary 

9 record before the Board shall be limited to the evidence 

10 of record at the time of the decision of the agency of origi11 nal jurisdiction on appeal. 

12 ‘‘(B) The evidentiary record before the Board for 

13 cases on the hearing option docket in which a hearing is 

14 requested, shall include each of the following, which the 

15 Board shall consider in the first instance: 

16 ‘‘(i) Evidence submitted by the appellant and 

17 his or her representative, if any, at the Board hear18 ing. 

19 ‘‘(ii) Evidence submitted by the appellant and 

20 his or her representative, if any, within 90 days fol21 lowing the Board hearing. 

22 ‘‘(2)(A) Except as provided in subparagraph (B) of 

23 this paragraph, for cases on the hearing option docket in 

24 which a hearing is not requested in the notice of disagree25 ment, the evidentiary record before the Board shall be limVerDate Sep 11 2014 02:01 Mar 28, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S712.IS S712

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1 ited to the evidence considered by the agency of original 

2 jurisdiction in the decision on appeal. 

3 ‘‘(B) The evidentiary record before the Board for 

4 cases on the hearing option docket in which a hearing is 

5 not requested, shall include each of the following, which 

6 the Board shall consider in the first instance: 

7 ‘‘(i) Evidence submitted by the appellant and 

8 his or her representative, if any, with the notice of 

9 disagreement. 

10 ‘‘(ii) Evidence submitted by the appellant and 

11 his or her representative, if any, within 90 days fol12 lowing receipt of the notice of disagreement.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 71 of such title is 

15 amended by inserting after the item relating to sec16 tion 7112 the following new item: 

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

17 (x) APPLICABILITY.—The amendments made by this 

18 Act shall apply to all claims for which notice of a decision 

19 under section 5104 of title 38, United States Code, is pro20 vided by the Secretary on or after the date that is 540 

21 days after the date of the enactment of this Act. 

Æ 


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