I 
115TH CONGRESS 
1ST SESSION 
H. R. 457 
To amend title 38, United States Code, to improve the appeals process 
of the Department of Veterans Affairs. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 11, 2017 
Ms. TITUS introduced the following bill; which was referred to the Committee 
on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to improve the 
appeals process of the Department of Veterans Affairs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘VA Appeals Mod-
ernization Act of 2017’’. 
SEC. 2. APPEALS REFORM. 
(a) Section 101 of title 38, United States Code, is 
amended by adding at the end the following new para-
graphs: 
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‘‘(34) The term ‘Agency of Original Jurisdic-
tion’ means the activity which entered the original 
determination with regard to a claim for benefits 
under this title. 
‘‘(35) The term ‘relevant evidence’ means evi-
dence that tends to prove or disprove a matter in 
issue.’’. 
(b) Section 5103 of title 38, United States Code, is 
amended— 
(1) in subsection (a)(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 
(2) in subsection (b) by adding at the end the 
following new paragraph: 
‘‘(6) Nothing in this section shall require notice 
to be sent for a supplemental claim that is filed 
within the timeframe set forth in subsections 
(a)(2)(B) and (a)(2)(D) of section 5110 of this 
title.’’. 
(c) Section 5103A(f) of title 38, United States Code, 
is amended to read as follows: 
‘‘(a) RULE
WITH
RESPECT
TO
DISALLOWED 
CLAIMS.—Nothing in this section shall be construed to re-
quire the Secretary to readjudicate a claim that has been 
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disallowed except when new and relevant evidence is pre-
sented or secured, as described in section 5108 of this 
title.’’. 
(d) Chapter 51 of title 38, United States Code, is 
amended by adding the following new sections: 
‘‘§ 5103B. Applicability of duty to assist 
‘‘(a) The Secretary’s duty to assist under section 
5103A of this title shall apply only to a claim, or supple-
mental 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. 
‘‘(b) The Secretary’s duty to assist under section 
5103A of this title 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. 
‘‘(c) CORRECTION OF DUTY TO ASSIST ERRORS.— 
‘‘(1) HIGHER-LEVEL
REVIEW.—If, during re-
view of the Agency of Original Jurisdiction’s deci-
sion under section 5104B of this title, the higher- 
level reviewer identifies an error on the part of the 
Agency of Original Jurisdiction to satisfy its duties 
under section 5103A of this title, and that error oc-
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curred prior to the Agency of Original Jurisdiction’s 
decision being reviewed, unless the claim can be 
granted in full, the higher-level reviewer shall return 
the claim for correction of such error and readjudi-
cation. 
‘‘(2) BOARD OF VETERANS’ APPEALS.—If the 
Board, during review on appeal of an Agency of 
Original Jurisdiction decision, identifies an error on 
the part of the Agency of Original Jurisdiction to 
satisfy its duties under section 5103A of this title, 
and that error occurred prior to the Agency of Origi-
nal Jurisdiction decision on appeal, unless the claim 
can be granted in full, the Board shall remand the 
claim to the Agency of Original Jurisdiction for cor-
rection of such error and readjudication. Remand for 
correction of such error may include directing the 
Agency of Original Jurisdiction to obtain an advi-
sory medical opinion under section 5109 of this title. 
‘‘§ 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. 
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‘‘§ 5104B. Higher-level review by the Agency of Origi-
nal Jurisdiction 
‘‘(a) IN GENERAL.—The claimant may request a re-
view of the decision of the Agency of Original Jurisdiction 
by a higher-level adjudicator within the Agency of Original 
Jurisdiction. 
‘‘(b) TIME AND MANNER OF REQUEST.—A request 
for higher-level review by the Agency of Original Jurisdic-
tion must be in writing in the form prescribed by the Sec-
retary and made within one year of the notice of the Agen-
cy of Original Jurisdiction’s decision. 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. 
‘‘(c) DECISION.—Notice of a higher-level review deci-
sion under this section shall be provided in writing. 
‘‘(d) EVIDENTIARY RECORD FOR REVIEW.—The evi-
dentiary record before the higher-level reviewer shall be 
limited to the evidence of record in the Agency of Original 
Jurisdiction’s decision being reviewed. 
‘‘(e) DE NOVO REVIEW.—Higher-level review under 
this section shall be de novo.’’. 
(e) Section 5104(b) of title 38, United States Code, 
is amended to read as follows: 
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‘‘(b) In any case where the Secretary denies a benefit 
sought, the notice required by subsection (a) shall also in-
clude— 
‘‘(1) identification of the issues adjudicated; 
‘‘(2) a summary of the evidence considered by 
the Secretary; 
‘‘(3) a summary of the applicable laws and reg-
ulations; 
‘‘(4) identification of findings favorable to the 
claimant; 
‘‘(5) identification of elements not satisfied 
leading to the denial; 
‘‘(6) an explanation of how to obtain or access 
evidence used in making the decision; and 
‘‘(7) if applicable, identification of the criteria 
that must be satisfied to grant service connection or 
the next higher level of compensation.’’. 
(f) Section 5108 of title 38, United States Code, is 
amended to read as follows: 
‘‘§ 5108. Supplemental claims 
‘‘If new and relevant evidence is presented or secured 
with respect to a supplemental claim, the Secretary shall 
readjudicate the claim taking into consideration any evi-
dence added to the record prior to the former disposition 
of the claim.’’. 
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(g) Section 5109 of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d) The Board of Veterans’ Appeals may remand 
a claim to direct the Agency of Original Jurisdiction to 
obtain an advisory medical opinion under this section to 
correct an error on the part of the Agency of Original Ju-
risdiction to satisfy its duties under section 5103A of this 
title when such error occurred prior to the Agency of 
Original Jurisdiction’s decision on appeal. The Board’s re-
mand instructions shall include the questions to be posed 
to the independent medical expert providing the advisory 
medical opinion.’’. 
(h) Section 5110 of title 38, United States Code, is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a)(1) IN GENERAL.—Unless specifically provided 
otherwise in this chapter, the effective date of an award 
based on an initial claim, or a supplemental claim, of com-
pensation, 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 applica-
tion therefor. 
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‘‘(2) EFFECT OF CONTINUOUS PURSUIT OF A CLAIM 
ON EFFECTIVE DATE OF AWARD.—For purposes of ap-
plying the effective date rules in this section, the date of 
application shall be considered the date of the filing of 
the initial application for a benefit provided that the claim 
is continuously pursued by filing any of the following ei-
ther alone or in succession— 
‘‘(A) a request for higher-level review under sec-
tion 5104B of this title within one year of an Agen-
cy of Original Jurisdiction decision; 
‘‘(B) a supplemental claim under section 5108 
of this title within one year of an Agency of Original 
Jurisdiction decision; 
‘‘(C) a notice of disagreement within one year 
of an Agency of Original Jurisdiction decision; or 
‘‘(D) a supplemental claim under section 5108 
of this title within one year of a decision of the 
Board of Veterans’ Appeals. 
‘‘(3) SUPPLEMENTAL
CLAIMS
RECEIVED
MORE 
THAN ONE YEAR AFTER AN AGENCY OF ORIGINAL JU-
RISDICTION DECISION OR DECISION BY THE BOARD OF 
VETERANS’ APPEALS.—Except as otherwise provided in 
this section, for supplemental claims received more than 
one year after an Agency of Original Jurisdiction decision 
or a decision by the Board of Veterans’ Appeals, the effec-
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risdiction’s initial decision under section 5104 of this 
title’’. 
(k) Section 7103 of title 38, United States Code, is 
amended— 
(1) in subsection (b)(1)(A) by striking ‘‘heard’’ 
and replacing it with ‘‘decided’’; and 
(2) in subsection (b)(1)(B) by striking ‘‘heard’’ 
and replacing it with ‘‘decided’’. 
(l) Section 7104(b) of title 38, United States Code, 
is amended by striking ‘‘reopened’’ and replacing it with 
‘‘readjudicated’’. 
(m) Section 7105 of title 38, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking the first sentence and re-
placing it with ‘‘Appellate review will be initi-
ated by the filing of a notice of disagreement in 
the form prescribed by the Secretary.’’; and 
(B) by striking ‘‘hearing and’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b)(1) Except in the case of simultaneously con-
tested claims, notice of disagreement shall be filed within 
one year from the date of the mailing of notice of the 
Agency of Original Jurisdiction’s decision under section 
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5104, 5104B, or 5108. A notice of disagreement post-
marked before the expiration of the one-year period will 
be accepted as timely filed. A question as to timeliness 
or adequacy of the notice of disagreement shall be decided 
by the Board. 
‘‘(2) Notices of disagreement must be in writing, 
must set out specific allegations of error of fact or law, 
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. Not more than one recognized organiza-
tion, attorney, or agent will be recognized at any one time 
in the prosecution of a claim. Notices of disagreement 
must be filed with the Board. 
‘‘(3) The notice of disagreement shall indicate wheth-
er the claimant requests a hearing before the Board, re-
quests an opportunity to submit additional evidence with-
out a Board hearing, or requests review by the Board 
without a hearing or submission of additional evidence. If 
the claimant does not expressly request a Board hearing 
in the notice of disagreement, no Board hearing will be 
held.’’; 
(3) by amending subsection (c) to read as fol-
lows: 
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‘‘(c) If no notice of disagreement is filed in accord-
ance with this chapter within the prescribed period, the 
Agency of Original Jurisdiction’s action or decision shall 
become final and the claim will not thereafter be readjudi-
cated or allowed, except as may otherwise be provided by 
section 5104B or 5108 of this title or regulations not in-
consistent with this title.’’; 
(4) by striking subsections (d)(1) through 
(d)(5); 
(5) by adding a new subsection (d) to read as 
follows: 
‘‘(d) The Board of Veterans’ Appeals may dismiss 
any appeal which fails to allege specific error of fact or 
law in the decision being appealed.’’; and 
(6) by striking subsection (e). 
(n) Section 7105A(b) of title 38, United States Code, 
is amended to read as follows: 
‘‘(b) The substance of the notice of disagreement will 
be communicated to the other party or parties in interest 
and a period of thirty days will be allowed for filing a brief 
or argument in response thereto. Such notice shall be for-
warded to the last known address of record of the parties 
concerned, and such action shall constitute sufficient evi-
dence of notice.’’. 
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(o) Strike section 7106 of title 38, United States 
Code. 
(p) Section 7107 of title 38, United States Code, is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) The Board shall maintain two separate dockets. 
A non-hearing option docket shall be maintained for cases 
in which no Board hearing is requested and no additional 
evidence will be submitted. A separate and distinct hearing 
option docket shall be maintained for cases in which a 
Board hearing is requested in the notice of disagreement 
or in which no Board hearing is requested, but the appel-
lant requests, in the notice of disagreement, an oppor-
tunity to submit additional evidence. Except as provided 
in subsection (b), each case before the Board will be de-
cided in regular order according to its respective place on 
the Board’s non-hearing option docket or the hearing op-
tion docket.’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) ADVANCEMENT ON THE DOCKET.—A case on ei-
ther the Board’s non-hearing option docket or hearing op-
tion docket, may, for cause shown, be advanced on motion 
for earlier consideration and determination. Any such mo-
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tion shall set forth succinctly the grounds upon which the 
motion is based. Such a motion may be granted only— 
‘‘(1) if the case involves interpretation of law of 
general application affecting other claims; 
‘‘(2) if the appellant is seriously ill or is under 
severe financial hardship; or 
‘‘(3) for other sufficient cause shown.’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) MANNER AND SCHEDULING OF HEARINGS FOR 
CASES ON BOARD HEARING OPTION DOCKET.—(1) For 
cases on the Board hearing option docket in which a hear-
ing 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 fa-
cility 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 subsection 
(c)(1)(A) of this section, the appellant may alternatively 
request a hearing as described in subsection (c)(1)(B) of 
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this section. If so requested, the Board shall grant such 
request. 
‘‘(B) Upon notification of a Board hearing by picture 
and voice transmission as described in subsection 
(c)(1)(B) of this section, the appellant may alternatively 
request a hearing as described in subsection (c)(1)(A) of 
this section. If so requested, the Board shall grant such 
request.’’; and 
(4) by striking subsections (d) and (e) and re-
designating subsection (f) as subsection (d). 
(q) Strike section 7109 of title 38, United States 
Code. 
(r) Section 7111(e) of title 38, United States Code, 
is amended by striking ‘‘merits, without referral to any 
adjudicative or hearing official acting on behalf of the Sec-
retary.’’ and replacing it with ‘‘merits.’’. 
(s) Chapter 71 of title 38, United States Code, is 
amended by adding the following new section: 
‘‘§ 7113. Evidentiary record before the board 
‘‘(a) NON-HEARING OPTION DOCKET.—For cases in 
which a Board hearing is not 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 Agency of Original Jurisdiction decision on appeal. 
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