treatment by the Veterans Benefits Administration of any 
claim that is— 
‘‘(1) returned by a higher-level adjudicator 
under section 5104B of this title; or 
‘‘(2) remanded by the Board of Veterans’ Ap-
peals. 
‘‘(b) DEADLINE.—(1) Except as provided in para-
graph (2), with respect to any claim described in sub-
section (a), the Secretary shall take the actions under such 
subsection not later than 90 days after the date on 
which— 
‘‘(A) a higher-level adjudicator returned such 
claim; or 
‘‘(B) the Board of Veterans’ Appeals remanded 
such claim. 
‘‘(2) The Board of may, upon motion of the claimant, 
extend the deadline under paragraph (1) if the Board de-
termines there is good cause for such extension.’’. 
(b) ATTORNEY FEES FOR FILING OF NOTICE OF IN-
TENT TO APPEAL CERTAIN DECISIONS.—Section 5904(c) 
of title 38, United States Code is amended— 
(1) in paragraph (4)— 
(A) by striking the enumerator and insert-
ing ‘‘(4)(A)’’; and 
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(B) by striking ‘‘under this paragraph’’ 
and inserting ‘‘under this subparagraph’’; and 
(2) by adding at the end, the following new sub-
paragraph: 
‘‘(B) A reasonable fee, not to exceed the lesser of 
$200 or 20 percent of the initial payment from the claim-
ant to the attorney, may be charged or paid in connection 
with the filing of a notice of intent to appeal a decision 
by the Secretary under section 511 of this title affecting 
the provision of benefits to a claimant.’’. 
(c) 
APPOINTMENT
OF
ADMINISTRATIVE
LAW 
JUDGES; PERFORMANCE REVIEWS; SCHEDULING CON-
FERENCES.—Chapter 71 of title 38, United States Code, 
is amended as follows: 
(1) In section 7101— 
(A) in subsection (c)(1)— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) The Chairman may from time to time designate 
a retired officer of the Armed Forces who previously 
served as a military judge (as defined in section 801 of 
title 10 (article 1 of the Uniform Code of Military Jus-
tice)) to serve as an acting member of the Board. Except 
as provided in subparagraph (B), any such designation 
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shall be for a period not to exceed 180 days, as determined 
by the Chairman.’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(E) An individual designated pursuant to subpara-
graph (A) shall complete a program of training with re-
spect to the laws administered by the Secretary that the 
Secretary determines appropriate.’’; and 
(B) in subsection (d)— 
(i) in subparagraph (F), by striking ‘‘; 
and’’ and inserting a semicolon; 
(ii) by redesignating subparagraph 
(G) as subparagraph (H); and 
(iii) by inserting after subparagraph 
(F), the following new subparagraph: 
‘‘(G) the number of decisions of the Board re-
manded or returned to the Board, disaggregated by 
the Board member who issued the final decision so 
remanded or returned; and’’. 
(2) In section 7101A— 
(A) in subsection (a)(2), by striking ‘‘shall 
be’’ and all that follows through the end of the 
paragraph and inserting ‘‘shall be— 
‘‘(A) an administrative law judge appointed 
under section 3105 of title 5; and 
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‘‘(B) a member in good standing of the bar of 
a State.’’; and 
(B) in subsection (c)(1)— 
(i) in subparagraph (B), by striking 
‘‘Not less than one year after the job per-
formance standards under subsection (f) 
are initially established, and not less often 
than once every three years thereafter’’ 
and inserting ‘‘Under the conditions de-
scribed in subparagraph (C)’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(C) The performance review panel shall review the 
job performance of a member of the Board— 
‘‘(i) not less than one year after the job per-
formance standards under subsection (f) are initially 
established; 
‘‘(ii) not less often than once every three years 
after such standards are established; and 
‘‘(iii) when, during any 12-month period, the 
Court of Appeals for Veterans Claims or a higher 
authority remands to the Board more than 60 per-
cent of the decisions issued by such member.’’. 
(3) In section 7102— 
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(A) by redesignating subsection (c) as sub-
section (d); and 
(B) by inserting after subsection (b) the 
following new subsection: 
‘‘(c) In the case of a decision of the Board that is 
remanded to the Board by the Court of Appeals for Vet-
erans Claims or a higher authority, any subsequent pro-
ceeding associated with the decision so remanded may not 
be assigned to the member of the Board who issued such 
decision.’’. 
(4) In section 7105— 
(A) in the heading, by inserting ‘‘; sched-
uling conferences’’ after ‘‘Filing of ap-
peal’’; 
(B) by redesignating subsections (c) and 
(d) as subsections (d) and (e), respectively; and 
(C) by inserting after subsection (b) the 
following new subsection: 
‘‘(c)(1) Not later than 90 days after a veteran files 
a notice of disagreement under subsection (a), the Board 
of Veterans Appeals shall hold, by picture and voice trans-
mission, a conference with such veteran and the represent-
ative of such veteran, if any, to schedule such hearing. 
‘‘(2) During the conference under paragraph (1), the 
Board shall— 
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‘‘(A) provide the veteran— 
‘‘(i) not fewer than 30 days for such vet-
eran to request a hearing; 
‘‘(ii) not fewer than 30 days to secure 
counsel for such hearing; 
‘‘(iii) not fewer than 60 days for such vet-
eran to submit to the Board the specific deter-
minations or findings of the Board with which 
the claimant disagrees; 
‘‘(iv) not fewer than 120 days for such vet-
eran to submit evidence relating to the deter-
minations described in clause (iii); 
‘‘(v) information relating to the rules gov-
erning an appeal under this chapter; and 
‘‘(vi) contact information for a representa-
tive of the Board, including an electronic mail 
address; and 
‘‘(B) schedule a tentative date for such hearing. 
‘‘(3) The Secretary may, upon motion of the veteran, 
extend the deadlines described in clauses (i) through (iv) 
of subparagraph (A) for good cause, including the failure 
of the Secretary to provide requested relevant or material 
information.’’. 
(5) In section 7107— 
(A) in subsection (a)— 
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