† HR 2288 EAS 
‘‘(C) Nothing in this subsection shall prohibit a claim-
ant 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 high-
er-level review, supplemental claim, or notice of dis-
agreement is adjudicated; and 
‘‘(iii) in lieu of such action take a different ac-
tion 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 deci-
sion with respect to that claim, the claimant may file a 
supplemental claim under section 5108 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of such title, as 
amended by subsection (g), is further amended by in-
serting after the item relating to section 5104B, as 
added by such subsection, the following new item: 
‘‘5104C. Options following decision by agency of original jurisdiction.’’. 
(i) SUPPLEMENTAL CLAIMS.—
† HR 2288 EAS 
(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 con-
sideration all of the evidence of record. 
‘‘(b) DUTY TO ASSIST.—(1) If a claimant, in connec-
tion with a supplemental claim, reasonably identifies exist-
ing records, whether or not in the custody of a Federal de-
partment 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 be-
fore the date of the enactment of this Act. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of such title is
† HR 2288 EAS 
amended by striking the item relating to section 5108 
and inserting the following new item: 
‘‘5108. Supplemental claims.’’. 
(j) REMAND TO OBTAIN ADVISORY MEDICAL OPIN-
ION.—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 ob-
tain 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 pro-
viding 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 re-
manded claims 
‘‘The Secretary shall take such actions as may be nec-
essary to provide for the expeditious treatment by the Vet-
erans 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.’’.
† HR 2288 EAS 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of such title is 
amended by striking 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 fol-
lows: 
‘‘(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, depend-
ency 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 sec-
tion 5104B of this title on or before the date that is 
one year after the date on which the agency of origi-
nal jurisdiction issues a decision. 
‘‘(B) A supplemental claim under section 5108 of 
this title on or before the date that is one year after
† HR 2288 EAS 
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 agen-
cy 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 deci-
sion, 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
† HR 2288 EAS 
(C) by striking ‘‘reopening’’ and inserting 
‘‘readjudication’’. 
(m) DEFINITION OF AWARD OR INCREASED AWARD 
FOR PURPOSES OF PROVISIONS RELATING TO COMMENCE-
MENT 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 ALLOW-
ABLE 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 insert-
ing ‘‘claimant is provided notice of the agency of original 
jurisdiction’s initial decision under section 5104 of this 
title’’. 
(o) CLARIFICATION OF BOARD OF VETERANS’ APPEALS 
REFERRAL REQUIREMENTS AFTER ORDER FOR RECONSID-
ERATION 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 READJU-
DICATION.—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.—
† HR 2288 EAS 
(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 con-
tested claims, a notice of disagreement shall be filed within 
one year from the date of the mailing of notice of the deci-
sion of the agency of original jurisdiction pursuant to sec-
tion 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 representa-
tive, attorney, or authorized agent as may be selected by 
the claimant or legal guardian.
† HR 2288 EAS 
‘‘(B) Not more than one recognized organization, at-
torney, 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 in-
clude an opportunity to submit evidence in accord-
ance with section 7113(b) of this title; 
‘‘(B) an opportunity to submit additional evi-
dence without a hearing before the Board, which shall 
include an opportunity to submit evidence in accord-
ance 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 no-
tice 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
† HR 2288 EAS 
or decision of the agency of original jurisdiction shall be-
come final and the claim shall not thereafter be readjudi-
cated or allowed, except— 
‘‘(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 regu-
lations 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 claim-
ant disagrees.’’; 
(E) by striking subsection (e); and 
(F) in the section heading, by striking ‘‘no-
tice of disagreement and’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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 REQUIRE-
MENTS FOR SIMULTANEOUSLY CONTESTED CLAIMS.—Sub-
† HR 2288 EAS 
section (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 in-
terest 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 sec-
tions 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 sep-
arate dockets unless the Board notifies the Committee on 
Veterans’ Affairs of the Senate and the Committee on Vet-
† HR 2288 EAS 
erans’ Affairs of the House of Representatives of any addi-
tional docket, including a justification for maintaining 
such additional docket. 
‘‘(3)(A) The Board may assign to each docket main-
tained under paragraph (1) such cases as the Board con-
siders 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 fol-
lowing: 
‘‘(i) Cases in which no Board hearing is re-
quested. 
‘‘(ii) Cases in which a Board hearing is re-
quested in the notice of disagreement. 
‘‘(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.
† HR 2288 EAS 
‘‘(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 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 pro-
vided 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 re-
quest a hearing as described in subparagraph (B) of such 
paragraph. If so requested, the Board shall grant such re-
quest.
† HR 2288 EAS 
‘‘(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 para-
graph. 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 pur-
poses 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 pur-
poses. 
‘‘(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 INDE-
PENDENT 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’’.
† HR 2288 EAS 
(3) CLERICAL AMENDMENT.—The table of sec-
tions 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 strik-
ing ‘‘, without referral to any adjudicative or hearing offi-
cial acting on behalf of the Secretary’’. 
(w) EVIDENTIARY RECORD BEFORE BOARD OF VET-
ERANS’ APPEALS.— 
(1) IN GENERAL.—Chapter 71 of such title is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 7113. Evidentiary record before the Board of Vet-
erans’ Appeals 
‘‘(a) CASES WITH NO REQUEST FOR A HEARING OR 
ADDITIONAL EVIDENCE.—For cases in which a hearing be-
fore 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
† HR 2288 EAS 
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 fol-
lowing, 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 hear-
ing. 
‘‘(B) Evidence submitted by the appellant and 
his or her representative, if any, within 90 days fol-
lowing the Board hearing. 
‘‘(c) CASES WITH NO REQUEST FOR A HEARING AND 
WITH A REQUEST FOR ADDITIONAL EVIDENCE.—(1) Ex-
cept 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 evi-
dentiary record before the Board shall be limited to the evi-
dence 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 fol-
lowing, which the Board shall consider in the first instance:
† HR 2288 EAS 
‘‘(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 fol-
lowing receipt of the notice of disagreement.’’. 
(2) NOTIFICATION WHEN EVIDENCE NOT CONSID-
ERED.—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 fol-
lowing 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 per-
mitted under section 7113 of this title; and 
‘‘(B) noting such options as may be avail-
able for having the evidence considered by the 
Department; and’’. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 71 of such title is
† HR 2288 EAS 
amended by inserting after the item relating to sec-
tion 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 sec-
tion 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 sub-
mits to the appropriate committees of Con-
gress— 
(i) a certification that the Secretary 
confirms, without delegation, that the De-
partment of Veterans Affairs has the re-
sources, 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
† HR 2288 EAS 
(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 ex-
pected performance outcomes with actual 
performance outcomes with respect to ap-
peals 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 Sec-
retary 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 sec-
tion 5104 of such title after the date of the enact-
ment of this Act and before the applicability date 
set forth in paragraph (1); and 
(B) elects to subject the claim to the new ap-
peals system.
† HR 2288 EAS 
(4) PHASED
ROLLOUT.—The Secretary may 
begin implementation of the new appeals system in 
phases, with the first phase of such phased implemen-
tation beginning on the applicability date set forth in 
paragraph (1). 
(5) TREATMENT OF LEGACY CLAIMS.—With re-
spect to legacy claims, upon the issuance to a claim-
ant of a statement of the case or supplemental state-
ment of the case occurring on or after the applica-
bility 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 under paragraph (4), as the 
case may be), the Secretary shall publish in the Fed-
eral Register such date. 
(7) DEFINITIONS.—In this subsection: 
(A) APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of 
Congress’’ means— 
(i) the Committee on Veterans’ Affairs 
and the Committee on Appropriations of the 
Senate; and
† HR 2288 EAS 
(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 LEG-
ACY APPEALS AND IMPLEMENTING NEW AP-
PEALS SYSTEM. 
(a) PLAN REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Vet-
erans 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 leg-
acy claims that the Secretary considers pending; 
(2) implementing the new appeals system;
† HR 2288 EAS 
(3) timely processing, under the new appeals sys-
tem, 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 implementa-
tion; 
(B) to evaluate the efficiency and effective-
ness 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 re-
sources required to implement and administer the
† HR 2288 EAS 
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 
(ii) appeals of decisions on non-legacy 
claims under the new appeals system; and 
(B) the period during which the Adminis-
tration 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 re-
quired by the Administration or the Board once 
the Administration and the Board are no longer 
processing any appeals of decisions on legacy 
claims.
† HR 2288 EAS 
(4) An estimate of the amount of time the Ad-
ministration and the Board will require to hire addi-
tional employees as described in paragraph (3)(A) 
once funding has been made available for such pur-
pose, including a comparison of such estimate and the 
historical average time required by the Administra-
tion and the Board to hire additional employees. 
(5) A description of the amount of training and 
experience that will be required of individuals con-
ducting 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
† HR 2288 EAS 
new appeals system or to process appeals of deci-
sions 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 re-
quired to provide such training. 
(10) A description of the modifications to the in-
formation technology systems of the Administration 
and the Board that the Administration and the Board 
require to carry out the new appeals system, includ-
ing cost estimates and a timeline for making the 
modifications. 
(11) An estimate of the office space the Adminis-
tration 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 on legacy 
claims and processing of appeals under the new 
appeals system;
† HR 2288 EAS 
(B) a comparison of the estimate under sub-
paragraph (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 accommo-
date staff exceeding available office space, includ-
ing how the Administration and the Board will 
provide training and oversight with respect to 
such teleworking. 
(12) Projections for the productivity of indi-
vidual 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 en-
hanced 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 ex-
pects to conduct to inform veterans, families of vet-
erans, survivors of veterans, veterans service organiza-
tions, military service organizations, congressional 
caseworkers, advocates for veterans, and such other 
stakeholders as the Secretary considers appropriate 
about the new appeals system, including—
† HR 2288 EAS 
(A) a description of the resources required 
to conduct such outreach; and 
(B) timelines for conducting such outreach. 
(14) Timelines for updating any policy guid-
ance, Internet websites, and official forms that may 
be necessary to carry out the new appeals system, in-
cluding— 
(A) identification of which offices and enti-
ties 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 nec-
essary 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 re-
viewed under the new appeals system. 
(17) A delineation of the key goals and mile-
stones for reducing the number of pending appeals 
that are not processed under the new appeals system,
† HR 2288 EAS 
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.— 
(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 Gen-
eral 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 com-
ports with sound planning practices.
† HR 2288 EAS 
(B) Identification of any gaps in the plan. 
(C) Formulation of such recommendations 
as the Comptroller General considers appro-
priate. 
(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 car-
rying 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 sub-
section (d). 
(f) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees 
of Congress’’ means—
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(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 Rep-
resentatives. 
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 Af-
fairs 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 advis-
ability of any facet of the new appeals system. 
(2) REPORTING REQUIRED.—Whenever the Sec-
retary 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 determina-
tion.
† HR 2288 EAS 
(b) DEPARTMENT OF VETERANS AFFAIRS PROGRAM ON 
FULLY DEVELOPED APPEALS.— 
(1) IN GENERAL.—The Secretary of Veterans Af-
fairs may, under subsection (a)(1), carry out a pro-
gram to provide the option of an alternative appeals 
process that shall more quickly determine such ap-
peals in accordance with this subsection. 
(2) ELECTION.— 
(A) FILING.—In accordance with subpara-
graph (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 claim-
ant to have the appeal determined under the 
program. 
(ii) All evidence that the claimant be-
lieves 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
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(E) OUTREACH.—In providing claimants 
with notices of the determination of a claim dur-
ing the period in which the program under para-
graph (1) is carried out, the Secretary shall con-
duct 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 ad-
vantages and disadvantages of the pro-
gram; 
(II) how to make an election 
under subparagraph (A); 
(III) the limitation on the use of 
new evidence described in subpara-
graph (C) of paragraph (3) and the de-
velopment of information under sub-
paragraph (D) of such paragraph; 
(IV) the ability of the claimant to 
seek advice and education regarding 
such process from veterans service or-
ganizations, attorneys, and claims 
agents recognized under chapter 59 of 
title 38, United States Code; and
† HR 2288 EAS 
(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 ap-
propriate 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 pursu-
ant to paragraph (2)(A), the Secretary shall— 
(i) not provide the claimant with a 
statement of the case nor require the claim-
ant to file a substantive appeal; and 
(ii) transfer jurisdiction over the fully 
developed appeal directly to the Board of 
Veterans’ Appeals. 
(B) DOCKET.—
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(i) IN GENERAL.—The Board of Vet-
erans’ Appeals shall— 
(I) maintain fully developed ap-
peals on a separate docket than stand-
ard appeals; 
(II) decide fully developed appeals 
in the order that the fully developed 
appeals are received on the fully devel-
oped appeal docket; 
(III) except as provided by clause 
(ii), decide not more than one fully de-
veloped appeal for each four standard 
appeals decided; and 
(IV) to the extent practicable, de-
cide 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 num-
ber of standard appeals decided for each 
fully developed appeal under clause (i)(III) 
if the Board determines that such adjust-
† HR 2288 EAS 
ment is fair for both standard appeals and 
fully developed appeals. 
(C) LIMITATION
ON
USE
OF
NEW
EVI-
DENCE.— 
(i) IN GENERAL.—Except as provided 
by clauses (ii) and (iii)— 
(I) a claimant may not submit or 
identify to the Board of Veterans’ Ap-
peals 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 
(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 evi-
dence developed pursuant to subparagraphs 
(D) and (E). The Board shall consider such 
evidence in the first instance without con-
† HR 2288 EAS 
sideration by the Veterans Benefits Admin-
istration. 
(iii) REPRESENTATIVE OF RECORD.— 
The representative of record of a claimant 
for appeals purposes, if any, shall be pro-
vided an opportunity to review the fully de-
veloped appeal of the claimant and submit 
any additional arguments or evidence that 
the representative determines necessary dur-
ing a period specified by the Board for pur-
poses of this subparagraph. 
(D) PROHIBITION ON REMAND FOR ADDI-
TIONAL
DEVELOPMENT.—If the Board of Vet-
erans’ 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 exami-
nations in accordance with section 5103A of 
title 38, United States Code; 
(ii) retain jurisdiction of the fully de-
veloped appeal without requiring a deter-
mination by the Veterans Benefits Adminis-
† HR 2288 EAS 
tration based on such records, opinions, or 
examinations; 
(iii) ensure the claimant, and the rep-
resentative 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 med-
ical opinions, and new medical examina-
tions 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 Bene-
fits Administration cooperates with the
† HR 2288 EAS 
Board of Veterans’ Appeals in carrying 
out clause (i); and 
(II) transfer employees of the Vet-
erans Benefits Administration who, 
prior to the enactment of this Act, were 
responsible for processing claims re-
manded by the Board of Veterans’ Ap-
peals to positions within the office of 
the Board established under clause (i) 
in a number the Secretary determines 
sufficient to carry out such subpara-
graph. 
(F) HEARINGS.—Notwithstanding section 
7107 of title 38, United States Code, the Sec-
retary may not provide 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 ap-
peals 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 appro-
priate.
† HR 2288 EAS 
(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 ‘‘compensa-
tion’’ 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 ‘‘stand-
ard appeal’’ means an appeal of a claim for dis-
ability compensation that is not a fully devel-
oped 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).
† HR 2288 EAS 
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 Vet-
erans Affairs the following: 
(1) With respect to the processing by the Sec-
retary of appeals under the new appeals system of de-
cisions regarding claims for benefits under laws ad-
ministered by the Secretary, the following: 
(A) For the Veterans Benefits Administra-
tion 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.
† HR 2288 EAS 
(C) The average duration for processing 
claims and supplemental claims, disaggregated 
by regional office. 
(D) The average duration for processing re-
quests for higher-level review under section 
5104B of such title, as added by section 2(g), 
disaggregated by regional office. 
(E) The average number of days that ap-
peals are pending on a docket of the Board of 
Veterans’ Appeals maintained pursuant to sec-
tion 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 re-
quest for a hearing and do include sub-
mittal of evidence; and 
(iii) appeals that do not include a re-
quest for a hearing and do not include sub-
mittal 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;
† HR 2288 EAS 
(ii) the average time cases were pend-
ing prior to moving from one docket to an-
other; 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 sec-
tion 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 sec-
tion 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 ob-
tain 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