retary considers appropriate to test any assumptions 
relied upon in developing the comprehensive plan re-
quired by section 3(a) and to test the feasibility and 
advisability of any facet of the modernized appeals 
system. The Secretary may not carry out such a pro-
gram until the Secretary notifies the Committee on 
Veterans’ Affairs of the Senate and the Committee 
on Veterans’ Affairs of the House of Representatives 
of the program, including the reasons for carrying 
out the program. 
(2) REPORTING REQUIRED.—Whenever the Sec-
retary determines, based on the conduct of a pro-
gram under paragraph (1), that legislative changes 
to the modernized appeals system are necessary, 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 
notice of such determination. 
(b) DEPARTMENT OF VETERANS AFFAIRS PROGRAM 
ON FULLY DEVELOPED APPEALS.— 
(1) IN GENERAL.—The Secretary of Veterans 
Affairs may, under subsection (a)(1), carry out a 
program to provide the option of an alternative ap-
peals process that shall more quickly determine such 
appeals in accordance with this subsection. 
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(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 
claimant 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 
notice of disagreement filed by the claimant in 
accordance with subparagraph (A)(i). 
(C) TRIAGE.—The Secretary shall, upon 
expiration of the period specified in paragraph 
(3)(C)(iii), ensure that an assessment is under-
taken of whether an appeal filed under subpara-
graph (A) of this paragraph satisfies the re-
quirements for appeal under the program and 
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provide appropriate notification to the claimant 
of the results of that assessment. 
(D) REVERSION.— 
(i) ELECTED
REVERSION.—At any 
time, a claimant who makes an election 
under subparagraph (A) may elect to re-
vert to the standard appeals process. Such 
a reversion shall be final. 
(ii) 
AUTOMATIC
REVERSION.—A 
claimant described in clause (i), or a claim-
ant who makes an election under subpara-
graph (A) but is later determined to be in-
eligible for the program under paragraph 
(1), shall revert to the standard appeals 
process without any penalty to the claim-
ant other than the loss of the docket num-
ber associated with the fully developed ap-
peal. 
(E) OUTREACH.—In providing claimants 
with notices of the determination of a claim 
during the period in which the program under 
paragraph (1) is carried out, the Secretary shall 
conduct outreach as follows: 
(i) The Secretary shall provide to the 
claimant (and to the representative of 
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record of the claimant, if any) information 
regarding— 
(I) the program, including the 
advantages and disadvantages of the 
program; 
(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 
development of information under 
subparagraph (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 
(V) 
the 
circumstances 
under 
which the appeal will automatically re-
vert 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 
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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 Af-
fairs an online tutorial explaining the ad-
vantages and disadvantages of the pro-
gram. 
(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 
claimant to file a substantive appeal; and 
(ii) transfer jurisdiction over the fully 
developed appeal directly to the Board of 
Veterans’ Appeals. 
(B) DOCKET.— 
(i) IN GENERAL.—The Board of Vet-
erans’ Appeals shall— 
(I) maintain fully developed ap-
peals on a separate docket than 
standard appeals; 
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(II) decide fully developed ap-
peals in the order that the fully devel-
oped appeals are received on the fully 
developed appeal docket; 
(III) except as provided by clause 
(ii), decide not more than one fully 
developed appeal for each four stand-
ard 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 
number of standard appeals decided for 
each fully developed appeal under clause 
(i)(III) if the Board determines that such 
adjustment is fair for both standard ap-
peals and fully developed appeals. 
(C) LIMITATION
ON
USE
OF
NEW
EVI-
DENCE.— 
(i) IN GENERAL.—Except as provided 
by clauses (ii) and (iii)— 
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(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 subpara-
graphs (D) and (E). The Board shall con-
sider such evidence in the first instance 
without consideration by the Veterans Ben-
efits Administration. 
(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 
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any additional arguments or evidence that 
the representative determines necessary 
during a period specified by the Board for 
purposes of this subparagraph. 
(D) PROHIBITION ON REMAND FOR ADDI-
TIONAL DEVELOPMENT.—If the Board of Vet-
erans’ Appeals determines that a fully devel-
oped appeal requires Federal records, inde-
pendent medical opinions, or new medical ex-
aminations, the Board shall— 
(i) in accordance with subparagraph 
(E), take such actions as may be necessary 
to develop such records, opinions, or ex-
aminations 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 Admin-
istration 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 
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(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 
medical opinions, and new medical exami-
nations pursuant to subparagraph (D)(i) 
that the Board determines necessary to de-
cide a fully developed appeal. 
(ii) REQUIREMENTS.—The Secretary 
shall— 
(I) ensure that the Veterans Ben-
efits Administration cooperates with 
the Board of Veterans’ Appeals in 
carrying out clause (i); and 
(II) transfer employees of the 
Veterans 
Benefits 
Administration 
who, prior to the enactment of this 
Act, were responsible for processing 
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claims remanded by the Board of Vet-
erans’ Appeals to positions within the 
office of the Board established under 
clause (i) in a number the Secretary 
determines sufficient to carry out 
such subparagraph. 
(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)(E). 
(4) DURATION; APPLICABILITY.— 
(A) DURATION.—Subject to subsection (c), 
the Secretary may carry out the program dur-
ing such period as the Secretary considers ap-
propriate. 
(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: 
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(A) COMPENSATION.—The term ‘‘com-
pensation’’ 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 
‘‘standard appeal’’ means an appeal of a claim 
for disability compensation that is not a fully 
developed appeal. 
(c) TERMINATION.—The Secretary may not carry out 
any program under this section after the date on the which 
the Secretary implements the modernized appeals system. 
SEC. 5. PERIODIC PUBLICATION OF METRICS RELATING TO 
PROCESSING OF APPEALS BY DEPARTMENT 
OF VETERANS AFFAIRS. 
On the first business day of each month the Secretary 
of Veterans Affairs shall publish on an internet website 
of the Department of Veterans Affairs the following: 
(1) As applicable, with respect to the processing 
by the Secretary of appeals under the modernized 
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appeals system of decisions regarding claims for ben-
efits under laws administered by the Secretary: 
(A) For the Veterans Benefits Administra-
tion, 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. 
(C) The average duration for processing 
claims and supplemental claims, disaggregated 
by regional office. 
(D) The average duration for processing 
requests 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 the non-hearing, no-addi-
tional evidence option docket of the Board of 
Veterans’ Appeals maintained pursuant to sec-
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as whether the claimant is represented by a vet-
erans service organization, the claimant is rep-
resented by an attorney or accredited agent, or 
the claimant is taking such action pro se. 
(N) The total number of times on average 
each claimant files under section 5110(a)(2) of 
such title, as so added, to protect their effective 
date under such section, disaggregated by the 
subparagraph of such section under which they 
file. 
(O) The average duration, from the filing 
of an initial claim until the claim is resolved 
and claimants no longer take any action to pro-
tect 
their 
effective 
date 
under 
section 
5110(a)(2) of such title, as so added— 
(i) of claims under the modernized ap-
peals system, excluding legacy claims that 
opt in to the modernized appeals system; 
and 
(ii) of legacy claims that opt in to the 
modernized appeals system. 
(P) How frequently an action taken within 
one year to protect an effective date under sec-
tion 5110(a)(2) of such title, as so added, leads 
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to additional grant of benefits, disaggregated by 
action taken. 
(Q) The average of how long it takes to 
complete each segment of the claims process 
while claimants are protecting the effective date 
under such section, disaggregated by the time 
waiting for the claimant to take an action and 
the time waiting for the Secretary to take an 
action. 
(R) The number and the average amount 
of retroactive awards of benefits from the Sec-
retary as a result of protected effective dates 
under such section, disaggregated by action 
taken. 
(S) The average number of times claim-
ants submit to the Secretary different claims 
with respect to same condition, such as an ini-
tial claim and a supplemental claim. 
(T) The number of cases each year in 
which a claimant inappropriately tried to take 
simultaneous actions, such as filing a supple-
mental claim while a higher level review is 
pending, what actions the Secretary took in re-
sponse, and how long it took on average to take 
those actions. 
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(U) In the case that the Secretary develops 
and 
implements 
a 
policy 
under 
section 
5104C(a)(2)(D) of such title, as amended by 
section 2(h)(1), the number of actions with-
drawn and new actions taken pursuant to such 
policy. 
(V) The number of times the Secretary re-
ceived evidence relating to an appeal or higher 
level review at a time not authorized under the 
modernized appeals system, disaggregated by 
actions taken by the Secretary to deal with the 
evidence and how long on average it took to 
take those actions. 
(W) The number of errors committed by 
the Secretary in carrying out the Secretary’s 
duty to assist under section 5103A of title 38, 
United States Code, that were identified by 
higher 
level 
review 
and 
by 
the 
Board, 
disaggregated by type of error, such as errors 
relating to private records and inadequate ex-
aminations, and a comparison with errors com-
mitted by the Secretary in carrying out such 
duty with respect to appeals of decisions on leg-
acy claims. 
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(X) An assessment of the productivity of 
employees at the regional offices and at the 
Board, disaggregated by level of experience of 
the employees. 
(2) With respect to the processing by the Sec-
retary of appeals of decisions on legacy claims, the 
following: 
(A) The average duration of each segment 
of the appeals process, disaggregated by periods 
in which the Secretary is waiting for a claimant 
to take an action and periods in which the 
claimant is waiting for the Secretary to take an 
action. 
(B) The frequency by which appeals lead 
to additional grant of benefits by the Secretary, 
disaggregated by whether the additional bene-
fits are a result of additional evidence added 
after the initial decision. 
(C) The number and average amount of 
retroactive awards of benefits resulting from an 
appeal. 
(D) The average duration from filing the 
appeal with the Secretary until all appeals and 
remands relating to such are completed. 
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(E) The average number of times claim-
ants submit to the Secretary different claims 
with respect to same condition, such as an ini-
tial claim, new and material evidence, or a 
claim for an increase in benefits. 
(F) An assessment of the productivity of 
employees at the regional offices and at the 
Board, disaggregated by level of experience of 
the employees. 
(G) The average number of days the dura-
tion of an appeal is extended because the Sec-
retary secured or attempted to secure an advi-
sory medical opinion under section 5109 of title 
38, United States Code, or section 7109 of such 
title (as in effect on the day before the date of 
the enactment of this Act). 
(3) With respect to the processing by the Sec-
retary of appeals of decisions on legacy claims that 
opt in to the modernized appeals system, the fol-
lowing: 
(A) The cumulative number of such legacy 
claims. 
(B) The portion of work in the modernized 
appeals system attributable to appeals of deci-
sions on such legacy claims. 
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(C) The average period such legacy claims 
were pending before opting in to the modern-
ized appeals system and the average period re-
quired to adjudicate such legacy claims on aver-
age after opting in— 
(i) with respect to claims at a regional 
office of the Department of Veterans Af-
fairs, disaggregated by— 
(I) supplemental claims under 
section 5108 of title 38, United States 
Code, as amended by section 2(i); and 
(II) requests for higher-level re-
view under section 5104B of such 
title, as added by section 2(g); and 
(ii) with respect to appeals, disaggre-
gated by docket of the Board maintained 
under section 7107 of such title, as amend-
ed by section 2(t). 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) The term ‘‘claimant’’ has the meaning given 
such term in section 5100 of title 38, United States 
Code. 
(2) The term ‘‘legacy claim’’ means a claim— 
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(A) that was submitted to the Secretary of 
Veterans Affairs for a benefit under a law ad-
ministered by the Secretary; and 
(B) for which notice of a decision under 
section 5104 of title 38, United States Code, 
was provided by the Secretary before the date 
set forth in section 2(x)(1). 
(3) The term ‘‘opt in’’ means, with respect to 
a legacy claim of a claimant, that the claimant elects 
to subject the claim to the modernized appeals sys-
tem pursuant to— 
(A) section 2(x)(3); or 
(B) such other mechanism as the Secretary 
may prescribe for purposes of carrying out this 
Act and the amendments made by this Act. 
(4) The term ‘‘modernized appeals system’’ 
means the set of processes and mechanisms by 
which the Secretary processes, pursuant to the au-
thorities and requirements modified by section 2, 
claims for benefits under laws administered by the 
Secretary. 
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Union Calendar No. 84 
115TH CONGRESS 
1ST SESSION 
H. R. 2288 
[Report No. 115–135] 
A BILL 
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. 
MAY 19, 2017 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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