IIB 
115TH CONGRESS 
1ST SESSION H. R. 2288 
IN THE SENATE OF THE UNITED STATES 
MAY 24, 2017 
Received; read twice and referred to the Committee on Veterans’ Affairs 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Appeals Im-
provement and Modernization Act of 2017’’. 
SEC. 2. REFORM OF RIGHTS AND PROCESSES RELATING TO 
APPEALS OF DECISIONS REGARDING CLAIMS 
FOR BENEFITS UNDER LAWS ADMINISTERED 
BY SECRETARY OF VETERANS AFFAIRS. 
(a) DEFINITIONS.—Section 101 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new paragraphs: 
‘‘(34) The term ‘agency of original jurisdiction’ 
means the activity which entered the original determina-
tion with regard to a claim for benefits under laws admin-
istered by the Secretary. 
‘‘(35) The term ‘relevant evidence’ means evidence 
that tends to prove or disprove a matter in issue. 
‘‘(36) The term ‘supplemental claim’ means any 
claim for benefits under laws administered by the Sec-
retary filed by a claimant who had previously filed a claim 
for the same or similar benefits on the same or similar 
basis.’’. 
(b) NOTICE REGARDING CLAIMS.—Section 5103(a) 
of such title is amended— 
(1) in paragraph (1), in the first sentence, by 
striking ‘‘The’’ and inserting ‘‘Except as provided in 
paragraph (3), the’’; 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
(2) in paragraph (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 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) The requirement to provide notice under para-
graph (1) shall not apply with respect to a supplemental 
claim that is filed within the timeframe set forth in sub-
paragraphs (B) and (D) of section 5110(a)(2) of this 
title.’’. 
(c) MODIFICATION
OF
RULE
REGARDING
DIS-
ALLOWED CLAIMS.—Section 5103A(f) of such title is 
amended— 
(1) by striking ‘‘reopen’’ and inserting ‘‘readju-
dicate’’; and 
(2) by striking ‘‘material’’ and inserting ‘‘rel-
evant’’. 
(d) MODIFICATION
OF DUTY TO ASSIST CLAIM-
ANTS.—Section 5103A of such title is amended— 
(1) by redesignating subsections (e) through (g) 
as subsections (g) through (i), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing new subsections: 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
‘‘(e) APPLICABILITY OF DUTY TO ASSIST.—(1) The 
Secretary’s duty to assist under this section shall apply 
only to a claim, or supplemental 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 ju-
risdiction’s decision with respect to such claim, or supple-
mental claim, under section 5104 of this title. 
‘‘(2) The Secretary’s duty to assist under this section 
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. 
‘‘(f) CORRECTION OF DUTY TO ASSIST ERRORS.— 
(1) If, during review of the agency of original jurisdiction 
decision under section 5104B of this title, the higher level 
adjudicator identifies or learns of an error on the part of 
the agency of original jurisdiction to satisfy its duties 
under this section, and that error occurred prior to the 
agency of original jurisdiction decision being reviewed, un-
less the claim can be granted in full, the higher level adju-
dicator shall return the claim for correction of such error 
and readjudication. 
‘‘(2)(A) If the Board of Veterans’ Appeals, during re-
view on appeal of an agency of original jurisdiction deci-
sion, identifies or learns of an error on the part of the 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
agency of original jurisdiction to satisfy its duties under 
this section, and that error occurred prior to the agency 
of original 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 correction of such 
error and readjudication. 
‘‘(B) Remand for correction of such error may in-
clude directing the agency of original jurisdiction to obtain 
an advisory medical opinion under section 5109 of this 
title. 
‘‘(3) Nothing in this subsection shall be construed to 
imply that the Secretary, during the consideration of a 
claim, does not have a duty to correct an error described 
in paragraph (1) or (2) that was erroneously not identified 
during higher level review or during review on appeal with 
respect to the claim.’’. 
(e) DECISIONS AND NOTICES OF DECISIONS.—Sub-
section (b) of section 5104 of such title is amended to read 
as follows: 
‘‘(b) Each notice provided under subsection (a) shall 
also include all of the following: 
‘‘(1) Identification of the issues adjudicated. 
‘‘(2) A summary of the evidence considered by 
the Secretary. 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
‘‘(3) A summary of the applicable laws and reg-
ulations. 
‘‘(4) Identification of findings favorable to the 
claimant. 
‘‘(5) In the case of a denial of a claim, identi-
fication of elements not satisfied leading to the de-
nial. 
‘‘(6) An explanation of how to obtain or access 
evidence used in making the decision. 
‘‘(7) If applicable, identification of the criteria 
that must be satisfied to grant service connection or 
the next higher level of compensation.’’. 
(f) BINDING NATURE OF FAVORABLE FINDINGS.— 
(1) IN GENERAL.—Chapter 51 of such title is 
amended by inserting after section 5104 the fol-
lowing new section: 
‘‘§ 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.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of such title is 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
amended by inserting after the item relating to sec-
tion 5104 the following new item: 
‘‘5104A. Binding nature of favorable findings.’’. 
(g) HIGHER LEVEL REVIEW BY AGENCY OF ORIGI-
NAL JURISDICTION.— 
(1) IN GENERAL.—Chapter 51 of such title, as 
amended by subsection (f), is further amended by in-
serting after section 5104A, as added by such sub-
section, the following new section: 
‘‘§ 5104B. Higher level review by the agency of origi-
nal jurisdiction 
‘‘(a) IN GENERAL.—(1) A claimant may request a 
review of the decision of the agency of original jurisdiction 
by a higher level adjudicator within the agency of original 
jurisdiction. 
‘‘(2) The Secretary shall approve each request for re-
view under paragraph (1). 
‘‘(b) TIME AND MANNER OF REQUEST.—(1) A re-
quest for higher level review by the agency of original ju-
risdiction shall be— 
‘‘(A) in writing in such form as the Secretary 
may prescribe; and 
‘‘(B) made within 1 year of the notice of the 
agency of original jurisdiction’s decision. 
‘‘(2) Such request may specifically indicate whether 
such review is requested by a higher level adjudicator at 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
the same office within the agency of original jurisdiction 
or by an adjudicator at a different office of the agency 
of original jurisdiction. The Secretary shall not deny such 
a request for review by an adjudicator at a different office 
of the agency of original jurisdiction without good cause. 
‘‘(c) DECISION.—Notice of a higher level review deci-
sion under this section shall be provided in writing and 
shall include a general statement— 
‘‘(1) reflecting whether evidence was not consid-
ered pursuant to subsection (d); and 
‘‘(2) noting the options available to the claim-
ant to have the evidence described in paragraph (1), 
if any, considered by the Department. 
‘‘(d) EVIDENTIARY RECORD FOR REVIEW.—The evi-
dentiary record before the higher level adjudicator shall 
be limited to the evidence of record in the agency of origi-
nal jurisdiction decision being reviewed. 
‘‘(e) DE NOVO REVIEW.—A review of the decision of 
the agency of original jurisdiction by a higher level adjudi-
cator within the agency of original jurisdiction shall be de 
novo.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of such title, as 
amended by subsection (f), is further amended by in-
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
serting after the item relating to section 5104A, as 
added by such subsection, the following new item: 
‘‘5104B. Higher level review by the agency of original jurisdiction.’’. 
(h) OPTIONS FOLLOWING DECISION BY AGENCY OF 
ORIGINAL JURISDICTION.— 
(1) IN GENERAL.—Chapter 51 of such title, as 
amended by subsection (g), is further amended by 
inserting after section 5104B, as added by such sub-
section, the following new section: 
‘‘§ 5104C. Options following decision by agency of 
original jurisdiction 
‘‘(a) WITHIN 1 YEAR OF DECISION.—(1) Subject to 
paragraph (2), in any case in which the Secretary renders 
a decision on a claim, the claimant may take any of the 
following actions on or before the date that is 1 year after 
the date on which the agency of original jurisdiction issues 
a decision with respect to that claim: 
‘‘(A) File a request for higher level review 
under section 5104B of this title. 
‘‘(B) File a supplemental claim under section 
5108 of this title. 
‘‘(C) File a notice of disagreement under sec-
tion 7105 of this title. 
‘‘(2)(A) Once a claimant takes an action set forth in 
paragraph (1), the claimant may not take another action 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
set forth in that paragraph with respect to such claim 
until— 
‘‘(i) the higher level review, supplemental claim, 
or notice of disagreement is adjudicated; or 
‘‘(ii) the request for higher level review, supple-
mental claim, or notice of disagreement is with-
drawn. 
‘‘(B) Nothing in this subsection shall prohibit a 
claimant from taking any of the actions set forth in para-
graph (1) in succession with respect to different issues 
contained within a claim. 
‘‘(C) Nothing in this subsection shall prohibit a 
claimant from taking different actions set forth in para-
graph (1) with respect to different claims. 
‘‘(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 
higher level review, supplemental claim, or notice of 
disagreement is adjudicated; and 
‘‘(iii) in lieu of such action take a different ac-
tion under paragraph (1). 
‘‘(b) MORE THAN 1 YEAR AFTER DECISION.—In any 
case in which the Secretary renders a decision on a claim 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
and more than 1 year has passed since the date on which 
the agency of original jurisdiction issues a decision with 
respect to that claim, the claimant may file a supplemental 
claim under section 5108 of this title. 
‘‘(c) BOARD OF VETERANS’ APPEALS AND COURT OF 
APPEALS FOR VETERANS CLAIMS.—Nothing in subsection 
(a) or (b) may be construed to limit the options available 
to a claimant pursuant to chapter 71 or 72 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 
inserting 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.— 
(1) IN GENERAL.—Section 5108 of such title 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 after the former disposition of 
the claim.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of such title is 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
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 exer-
cised its discretion to obtain such an opinion. 
‘‘(2) The Board’s remand instructions shall include 
the questions to be posed to the independent medical ex-
pert providing the advisory medical opinion.’’. 
(k) RESTATEMENT OF REQUIREMENT FOR EXPE-
DITED TREATMENT
OF REMANDED CLAIMS.—Section 
5109B of such title is amended to read as follows: 
‘‘§ 5109B. Expedited treatment of remanded claims 
‘‘The Secretary shall take such actions as may be 
necessary to provide for the expeditious treatment by the 
Veterans Benefits Administration of any claim that is re-
turned by a higher level adjudicator under section 5104B 
of this title or remanded by the Board of Veterans’ Ap-
peals.’’. 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
(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 ap-
plication 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 
section 5104B of this title on or before the date that 
is 1 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 1 year after 
the date on which the agency of original jurisdiction 
issues a decision. 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
‘‘(C) A notice of disagreement on or before the 
date that is 1 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 1 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 1 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 1 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 
(C) by striking ‘‘reopening’’ and inserting 
‘‘readjudication’’. 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
(m) DEFINITION OF AWARD OR INCREASED AWARD 
FOR PURPOSES
OF PROVISIONS RELATING
TO COM-
MENCEMENT
OF
PERIOD
OF
PAYMENT.—Section 
5111(d)(1) of such title is amended by striking ‘‘or re-
opened award’’ and inserting ‘‘award or award based on 
a supplemental claim’’. 
(n) MODIFICATION ON 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 inserting ‘‘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’ AP-
PEALS REFERRAL REQUIREMENTS AFTER ORDER FOR 
RECONSIDERATION 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 RE-
ADJUDICATION.—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.— 
(1) IN
GENERAL.—Section 7105 of title 38, 
United States Code, is amended— 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
(A) in subsection (a), by striking the first 
sentence and inserting ‘‘Appellate review shall 
be initiated by the filing of a notice of disagree-
ment in the form prescribed by the Secretary.’’; 
and 
(B) by amending subsection (b) to read as 
follows: 
‘‘(b)(1)(A) Except in the case of simultaneously con-
tested claims, notice of disagreement shall be filed within 
1 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 1-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. 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
‘‘(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 wheth-
er the claimant requests— 
‘‘(A) a hearing before the Board, which shall 
include 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 
accordance 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 may 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 require-
ments as the Secretary may prescribe.’’; 
(C) by amending subsection (c) to read as 
follows: 
‘‘(c) If no notice of disagreement is filed in accord-
ance with this chapter within the prescribed period, the 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
action or decision of the agency of original jurisdiction 
shall become final and the claim shall not thereafter be 
readjudicated or allowed, except as may otherwise be pro-
vided by section 5104B or 5108 of this title or such regu-
lations as are consistent with this title.’’; 
(D) by striking subsection (d) and insert-
ing the following new subsection (d): 
‘‘(d) The Board of Veterans’ Appeals may dismiss 
any appeal which fails to identify the specific determina-
tion with which the claimant disagrees.’’; 
(E) by striking subsection (e); and 
(F) in the section heading, by striking 
‘‘notice 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.— 
Subsection (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 30 days shall be allowed for filing 
a brief or argument in response thereto. 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
‘‘(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: DOCK-
ETS; HEARINGS.— 
(1) IN GENERAL.—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 
separate dockets unless the Board notifies the Committee 
on Veterans’ Affairs of the Senate and the Committee on 
Veterans’ Affairs of the House of Representatives of any 
additional docket, including a justification for maintaining 
such additional docket. 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
‘‘(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 subparagraph are the 
following: 
‘‘(i) Cases in which no Board hearing is re-
quested and no additional evidence will be sub-
mitted. 
‘‘(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 sub-
section (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. 
‘‘(3) Such a motion may be granted only— 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
‘‘(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 DOCKET THAT MAY INCLUDE HEARING.—(1) 
For cases on a docket maintained by the Board under sub-
section (a) that may include a hearing, in which a hearing 
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 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. 
‘‘(B) Upon notification of a Board hearing by picture 
and voice transmission as described in subparagraph (B) 
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS
HR 2288 RFS
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 
purposes of— 
‘‘(1) determining the adequacy of the record for 
decisional purposes; or 
‘‘(2) the development, or attempted develop-
ment, of a record found to be inadequate for 
decisional purposes. 
‘‘(e) POLICY
ON CHANGING DOCKETS.—The Sec-
retary may develop and implement a policy allowing a 
claimant to move the claimant’s case from one docket to 
another docket.’’. 
(2) REPORT.—Not later than the date that is 
90 days before the date set forth in subsection (x), 
the Secretary shall submit to the Committee on Vet-
erans’ Affairs of the Senate and the Committee on 
Veterans’ Affairs of the House of Representatives a 
report setting forth a description of the docket that 
will be maintained under section 7107 of title 38, 
United States Code, as amended by paragraph (1), 
for cases in which no hearing before the Board of 
Veterans’ Appeals is requested in the notice of dis-
VerDate Sep 11 2014 
22:47 May 24, 2017
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2288.RFS
H2288
sradovich on DSK3GMQ082PROD with BILLS