† HR 2288 EAS 
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 or-
ganization, the claimant is represented by an at-
torney, 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—
† HR 2288 EAS 
(i) of claims under the new appeals 
system, excluding legacy claims that opt in 
to the new appeals system; and 
(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 sec-
tion 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 com-
plete 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 re-
spect to the same condition, such as an initial 
claim and a supplemental claim.
† HR 2288 EAS 
(R) The number of cases each year in which 
a claimant inappropriately tried to take simul-
taneous 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 sec-
tion 2(h)(1), the number of actions withdrawn 
and new actions taken pursuant to such policy. 
(T) The number of times the Secretary re-
ceived 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 ac-
tions. 
(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
† HR 2288 EAS 
comparison with errors committed by the Sec-
retary in carrying out such duty with respect to 
appeals of decisions on legacy claims. 
(V) An assessment of the productivity of em-
ployees at the regional offices and at the Board, 
disaggregated by level of experience of the em-
ployees. 
(W) The percentage of cases that are decided 
within the goals established by the Secretary for 
deciding cases, disaggregated by cases that in-
volve 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 re-
view, the percentage of decisions that are over-
turned in whole or in part by the higher-level 
adjudicator, that are upheld by the higher-level 
adjudicator, and that are returned for correction 
of an error.
† HR 2288 EAS 
(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 develop-
ment errors detected through such screening. 
(2) With respect to the processing by the Sec-
retary of appeals of decisions on legacy claims, the 
following:
† HR 2288 EAS 
(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 claim-
ant is waiting for the Secretary to take an ac-
tion. 
(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 ret-
roactive awards of benefits resulting from an ap-
peal. 
(D) The average duration from filing a leg-
acy 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 re-
spect 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
† HR 2288 EAS 
Board, disaggregated by level of experience of the 
employees. 
(G) The average number of days the dura-
tion of an appeal is extended because the Sec-
retary secured or attempted to secure an advi-
sory 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 re-
opened 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 Sec-
retary 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. 
(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 adju-
† HR 2288 EAS 
dicate 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 re-
view under section 5104B of such title, 
as added by section 2(g); and 
(ii) 
with 
respect 
to 
appeals, 
disaggregated by docket of the Board main-
tained 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 ad-
ministered by the Secretary; and
† HR 2288 EAS 
(B) for which notice of a decision under sec-
tion 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 re-
spect to a legacy claim of a claimant, that the claim-
ant elects to subject the claim to the new appeals sys-
tem 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 ap-
peals system’’ means the set of processes and mecha-
nisms by which the Secretary processes, pursuant to 
the authorities and requirements modified by section 
2, claims for benefits under laws administered by the 
Secretary. 
Attest: 
Secretary.