5104, 5104B, or 5108 of this title. A notice of disagree-
ment postmarked before the expiration of the one-year pe-
riod will be accepted as timely filed. A question as to time-
liness 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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‘‘(c) If no notice of disagreement is filed in accord-
ance with this chapter within the prescribed period, the 
action or decision of the agency of original jurisdiction 
shall become final and the claim will not thereafter be re-
adjudicated or allowed, except as may otherwise be pro-
vided by section 5104B or 5108 of this title or regulations 
not inconsistent with this title.’’; 
(4) by striking subsections (d)(1) through 
(d)(5); 
(5) by adding a new subsection (d) to read as 
follows: 
‘‘(d) The Board of Veterans’ Appeals may dismiss 
any appeal which fails to allege specific error of fact or 
law in the decision being appealed.’’; and 
(6) by striking subsection (e). 
(n) SIMULTANEOUSLY CONTESTED CLAIMS.—Sub-
section (b) of section 7105A of title 38, United States 
Code, is amended to read as follows: 
‘‘(b) 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. Such notice shall 
be forwarded to the last known address of record of the 
parties concerned, and such action shall constitute suffi-
cient evidence of notice.’’. 
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(o) ADMINISTRATIVE APPEALS.—Strike section 7106 
of title 38, United States Code. 
(p) DOCKETS AND HEARINGS.—Section 7107 of title 
38, United States Code, is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) The Board shall maintain two separate dockets. 
A non-hearing option docket shall be maintained for cases 
in which no Board hearing is requested and no additional 
evidence will be submitted. A separate and distinct hearing 
option docket shall be maintained for cases in which a 
Board hearing is requested in the notice of disagreement 
or in which no Board hearing is requested, but the appel-
lant requests, in the notice of disagreement, an oppor-
tunity to submit additional evidence. Except as provided 
in subsection (b), each case before the Board will be de-
cided in regular order according to its respective place on 
the Board’s non-hearing option docket or the hearing op-
tion docket.’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) A case on either the Board’s non-hearing option 
docket or hearing option docket, may, for cause shown, 
be advanced on motion for earlier consideration and deter-
mination. Any such motion shall set forth succinctly the 
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grounds upon which the motion is based. Such a motion 
may be granted only— 
‘‘(1) if the case involves interpretation of law of 
general application affecting other claims; 
‘‘(2) if the appellant is seriously ill or is under 
severe financial hardship; or 
‘‘(3) for other sufficient cause shown.’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c)(1) For cases on the Board hearing option docket 
in which a hearing is requested in the notice of disagree-
ment, 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 subsection 
(c)(1)(A) of this section, the appellant may alternatively 
request a hearing as described in subsection (c)(1)(B) of 
this section. If so requested, the Board shall grant such 
request. 
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‘‘(B) Upon notification of a Board hearing by picture 
and voice transmission as described in subsection 
(c)(1)(B) of this section, the appellant may alternatively 
request a hearing as described in subsection (c)(1)(A) of 
this section. If so requested, the Board shall grant such 
request.’’; and 
(4) by striking subsections (d) and (e) and re-
designating subsection (f) as subsection (d). 
(q) INDEPENDENT MEDICAL OPINIONS.—Strike sec-
tion 7109 of title 38, United States Code. 
(r) REVISION OF DECISIONS ON GROUNDS OF CLEAR 
AND UNMISTAKABLE ERROR.—Section 7111(e) of title 
38, United States Code, is amended by striking ‘‘merits, 
without referral to any adjudicative or hearing official act-
ing on behalf of the Secretary.’’ and inserting ‘‘merits.’’. 
(s) EVIDENTIARY RECORD.—Chapter 71 of title 38, 
United States Code, is amended by adding the following 
new section: 
‘‘§ 7113. Evidentiary record before the board 
‘‘(a) NON-HEARING OPTION DOCKET.—For cases in 
which a Board hearing is not requested in the notice of 
disagreement, the evidentiary record before the Board 
shall be limited to the evidence of record at the time of 
the agency of original jurisdiction decision on appeal. 
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‘‘(b) HEARING OPTION DOCKET.—(1) Except as pro-
vided in paragraph (2), for cases on the hearing option 
docket in which a hearing is requested in the notice of 
disagreement, the evidentiary record before the Board 
shall be limited to the evidence of record at the time of 
the agency of original jurisdiction decision on appeal. 
‘‘(2) The evidentiary record before the Board for 
cases on the hearing option docket in which a hearing is 
requested, shall include each of the following, 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; and 
‘‘(B) evidence submitted by the appellant and 
his or her representative, if any, within 90 days fol-
lowing the Board hearing. 
‘‘(3)(A) Except as provided in subparagraph (B) of 
this paragraph, for cases on the hearing option docket in 
which a hearing is not requested in the notice of disagree-
ment, the evidentiary record before the Board shall be lim-
ited to the evidence considered by the agency of original 
jurisdiction in the decision on appeal. 
‘‘(B) The evidentiary record before the Board for 
cases on the hearing option docket in which a hearing is 
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(C) by striking the item relating to section 
5108 and inserting the following new item: 
‘‘5108. Supplemental claims.’’. 
(2) CHAPTER 71.—The table of sections at the 
beginning of chapter 71 of title 38, United States 
Code, is amended— 
(A) by striking the item relating to section 
7105 and inserting the following new item: 
‘‘7105. Filing of appeal.’’; 
(B) by striking the item relating to section 
7106; 
(C) by striking the item relating to section 
7109; and 
(D) by adding at the end the following new 
item: 
‘‘7113. Evidentiary record before the Board.’’. 
SEC. 10. LIMITATION ON AWARDS AND BONUSES PAID TO 
SENIOR EXECUTIVE EMPLOYEES OF DEPART-
MENT OF VETERANS AFFAIRS. 
Section 705 of the Veterans Access, Choice, and Ac-
countability Act of 2014 (Public Law 113–146; 38 U.S.C. 
703 note) is amended by striking the period at the end 
and inserting the following: ‘‘, except that during each of 
fiscal years 2017 through 2021, no award or bonus may 
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be paid to any employee of the Department of Veterans 
Affairs who is a member of the Senior Executive Service.’’. 
Æ 
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