I 
114TH CONGRESS 
2D SESSION 
H. R. 5083 
To amend title 38, United States Code, to improve the appeals process 
of the Department of Veterans Affairs. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 27, 2016 
Ms. TITUS introduced the following bill; which was referred to the Committee 
on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to improve the 
appeals process of the Department of Veterans Affairs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘VA Appeals Mod-
ernization Act of 2016’’. 
SEC. 2. APPEALS REFORM. 
(a) Section 101 of title 38, United States Code, is 
amended by adding at the end the following new para-
graphs: 
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‘‘(34) The term ‘Agency of Original Jurisdic-
tion’ means the activity which entered the original 
determination with regard to a claim for benefits 
under this title. 
‘‘(35) The term ‘relevant evidence’ means evi-
dence that tends to prove or disprove a matter in 
issue.’’. 
(b) Section 5103 of title 38, United States Code, is 
amended— 
(1) in subsection (a)(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 
(2) in subsection (b) by adding at the end the 
following new paragraph: 
‘‘(6) Nothing in this section shall require notice 
to be sent for a supplemental claim that is filed 
within the timeframe set forth in subsections 
(a)(2)(B) and (a)(2)(D) of section 5110 of this 
title.’’. 
(c) Section 5103A(f) of title 38, United States Code, 
is amended to read as follows: 
‘‘(a) RULE
WITH
RESPECT
TO
DISALLOWED 
CLAIMS.—Nothing in this section shall be construed to re-
quire the Secretary to readjudicate a claim that has been 
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‘‘(b) In any case where the Secretary denies a benefit 
sought, the notice required by subsection (a) shall also in-
clude— 
‘‘(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) identification of elements not satisfied 
leading to the denial; 
‘‘(6) an explanation of how to obtain or access 
evidence used in making the decision; and 
‘‘(7) if applicable, identification of the criteria 
that must be satisfied to grant service connection or 
the next higher level of compensation.’’. 
(f) Section 5108 of title 38, United States Code, 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 prior to the former disposition 
of the claim.’’. 
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(g) Section 5109 of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d) The Board of Veterans’ Appeals may remand 
a claim to direct the Agency of Original Jurisdiction to 
obtain an advisory medical opinion under this section to 
correct an error on the part of the Agency of Original Ju-
risdiction to satisfy its duties under section 5103A of this 
title when such error occurred prior to the Agency of 
Original Jurisdiction’s decision on appeal. The Board’s re-
mand instructions shall include the questions to be posed 
to the independent medical expert providing the advisory 
medical opinion.’’. 
(h) Section 5110 of title 38, United States Code, is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a)(1) IN GENERAL.—Unless specifically provided 
otherwise in this chapter, the effective date of an award 
based on an initial claim, or a supplemental claim, of com-
pensation, dependency 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 applica-
tion therefor. 
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‘‘(2) EFFECT OF CONTINUOUS PURSUIT OF A CLAIM 
ON EFFECTIVE DATE OF AWARD.—For purposes of ap-
plying the effective date rules in this section, the date of 
application shall be considered the date of the filing of 
the initial application for a benefit provided that the claim 
is continuously pursued by filing any of the following ei-
ther alone or in succession— 
‘‘(A) a request for higher-level review under sec-
tion 5104B of this title within one year of an Agen-
cy of Original Jurisdiction decision; 
‘‘(B) a supplemental claim under section 5108 
of this title within one year of an Agency of Original 
Jurisdiction decision; 
‘‘(C) a notice of disagreement within one year 
of an Agency of Original Jurisdiction decision; or 
‘‘(D) a supplemental claim under section 5108 
of this title within one year of a decision of the 
Board of Veterans’ Appeals. 
‘‘(3) SUPPLEMENTAL
CLAIMS
RECEIVED
MORE 
THAN ONE YEAR AFTER AN AGENCY OF ORIGINAL JU-
RISDICTION DECISION OR DECISION BY THE BOARD OF 
VETERANS’ APPEALS.—Except as otherwise provided in 
this section, for supplemental claims received more than 
one year after an Agency of Original Jurisdiction decision 
or a decision by the Board of Veterans’ Appeals, the effec-
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tive 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) by— 
(A) striking ‘‘reopened’’ and replacing it 
with ‘‘readjudicated’’; 
(B) striking ‘‘material’’ and replacing it 
with ‘‘relevant’’; and 
(C) striking ‘‘reopening’’ and replacing it 
with ‘‘readjudication’’. 
(i) Section 5111(d)(1) of title 38, United States 
Code, is amended by striking ‘‘or reopened award;’’ and 
replacing it with ‘‘award or award based on a supple-
mental claim;’’. 
(j) Section 5904 of title 38, United States Code, is 
amended— 
(1) in subsection (c)(1) by striking ‘‘notice of 
disagreement is filed’’ and replacing it with ‘‘claim-
ant is provided notice of the Agency of Original Ju-
risdiction’s initial decision under section 5104 of this 
title’’; and 
(2) in subsection (c)(2) by striking ‘‘notice of 
disagreement is filed’’ and replacing it with ‘‘claim-
ant is provided notice of the Agency of Original Ju-
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risdiction’s initial decision under section 5104 of this 
title’’. 
(k) Section 7103 of title 38, United States Code, is 
amended— 
(1) in subsection (b)(1)(A) by striking ‘‘heard’’ 
and replacing it with ‘‘decided’’; and 
(2) in subsection (b)(1)(B) by striking ‘‘heard’’ 
and replacing it with ‘‘decided’’. 
(l) Section 7104(b) of title 38, United States Code, 
is amended by striking ‘‘reopened’’ and replacing it with 
‘‘readjudicated’’. 
(m) Section 7105 of title 38, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking the first sentence and re-
placing it with ‘‘Appellate review will be initi-
ated by the filing of a notice of disagreement in 
the form prescribed by the Secretary.’’; and 
(B) by striking ‘‘hearing and’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b)(1) Except in the case of simultaneously con-
tested claims, notice of disagreement shall be filed within 
one year from the date of the mailing of notice of the 
Agency of Original Jurisdiction’s decision under section 
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5104, 5104B, or 5108. A notice of disagreement post-
marked before the expiration of the one-year period will 
be accepted as timely filed. A question as to timeliness 
or adequacy of the notice of disagreement shall be decided 
by the Board. 
‘‘(2) Notices of disagreement must be in writing, 
must set out specific allegations of error of fact or law, 
and may be filed by the claimant, the claimant’s legal 
guardian, or such accredited representative, attorney, or 
authorized agent as may be selected by the claimant or 
legal guardian. Not more than one recognized organiza-
tion, attorney, or agent will be recognized at any one time 
in the prosecution of a claim. Notices of disagreement 
must be filed with the Board. 
‘‘(3) The notice of disagreement shall indicate wheth-
er the claimant requests a hearing before the Board, re-
quests an opportunity to submit additional evidence with-
out a Board hearing, or requests review by the Board 
without a hearing or submission of additional evidence. If 
the claimant does not expressly request a Board hearing 
in the notice of disagreement, no Board hearing will be 
held.’’; 
(3) by amending subsection (c) to read as fol-
lows: 
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