In the Senate of the United States, 
August 1, 2017. 
Resolved, That the bill from the House of Representa-
tives (H.R. 2288) entitled ‘‘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.’’, do pass with the following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Appeals Im-
provement and Modernization Act of 2017’’.
† HR 2288 EAS 
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 following 
new paragraphs: 
‘‘(34) The term ‘agency of original jurisdiction’ 
means the activity which entered the original deter-
mination with regard to a claim for benefits under 
laws administered by the Secretary. 
‘‘(35) The term ‘relevant evidence’ means evi-
dence that tends to prove or disprove a matter in 
issue. 
‘‘(36) The term ‘supplemental claim’ means a 
claim for benefits under laws administered by the 
Secretary 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’’; 
(2) in paragraph (2)(B)(i) by striking ‘‘, a 
claim for reopening a prior decision on a claim, or
† HR 2288 EAS 
a claim for an increase in benefits;’’ and inserting 
‘‘or a supplemental claim;’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(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 DISALLOWED 
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 CLAIMANTS.— 
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 following 
new subsections: 
‘‘(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 juris-
† HR 2288 EAS 
diction’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 origi-
nal 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 deci-
sion under section 5104B of this title, the higher-level adju-
dicator 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, unless the 
Secretary may award the maximum benefit in accordance 
with this title based on the evidence of record, the higher- 
level adjudicator 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 agen-
cy of original jurisdiction to satisfy its duties under this 
section, and that error occurred prior to the agency of origi-
nal jurisdiction decision on appeal, unless the Secretary 
may award the maximum benefit in accordance with this 
title based on the evidence of record, the Board shall remand
† HR 2288 EAS 
the claim to the agency of original jurisdiction for correc-
tion of such error and readjudication. 
‘‘(B) Remand for correction of such error may include 
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. 
‘‘(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, identification of ele-
ments not satisfied leading to the denial.
† HR 2288 EAS 
‘‘(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 following 
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 
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 ORIGINAL 
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:
† HR 2288 EAS 
‘‘§ 5104B. Higher-level review by the agency of original 
jurisdiction 
‘‘(a) IN GENERAL.—(1) A 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. 
‘‘(2) The Secretary shall approve each request for re-
view under paragraph (1). 
‘‘(b) TIME AND MANNER OF REQUEST.—(1) A request 
for higher-level review by the agency of original jurisdiction 
shall be— 
‘‘(A) in writing in such form as the Secretary 
may prescribe; and 
‘‘(B) made within one 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 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 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—