‘‘(c) If no notice of disagreement is filed in accord-
ance with this chapter within the prescribed period, the 
Agency of Original Jurisdiction’s action or decision shall 
become final and the claim will not thereafter be readjudi-
cated or allowed, except as may otherwise be provided by 
section 5104B or 5108 of this title or regulations not in-
consistent 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) Section 7105A(b) of title 38, United States Code, 
is amended to read as follows: 
‘‘(b) The substance of the notice of disagreement will 
be communicated to the other party or parties in interest 
and a period of thirty days will be allowed for filing a brief 
or argument in response thereto. Such notice shall be for-
warded to the last known address of record of the parties 
concerned, and such action shall constitute sufficient evi-
dence of notice.’’. 
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(o) Strike section 7106 of title 38, United States 
Code. 
(p) 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) ADVANCEMENT ON THE DOCKET.—A case on ei-
ther the Board’s non-hearing option docket or hearing op-
tion docket, may, for cause shown, be advanced on motion 
for earlier consideration and determination. Any such mo-
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tion shall set forth succinctly the 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) MANNER AND SCHEDULING OF HEARINGS FOR 
CASES ON BOARD HEARING OPTION DOCKET.—(1) For 
cases on the Board hearing option docket in which a hear-
ing 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 subsection 
(c)(1)(A) of this section, the appellant may alternatively 
request a hearing as described in subsection (c)(1)(B) of 
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this section. If so requested, the Board shall grant such 
request. 
‘‘(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) Strike section 7109 of title 38, United States 
Code. 
(r) Section 7111(e) of title 38, United States Code, 
is amended by striking ‘‘merits, without referral to any 
adjudicative or hearing official acting on behalf of the Sec-
retary.’’ and replacing it with ‘‘merits.’’. 
(s) 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) HEARING RE-
QUESTED.—Except as provided in paragraph (2) of this 
subsection, 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) EXCEPTIONS.—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) HEARING NOT REQUESTED.—(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 disagreement, the evidentiary 
record before the Board shall be limited to the evidence 
considered by the Agency of Original Jurisdiction in the 
decision on appeal. 
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‘‘(B) The evidentiary record before the Board for 
cases on the hearing option docket in which a hearing is 
not requested, shall include each of the following, which 
the Board shall consider in the first instance— 
‘‘(i) evidence submitted by the appellant and his 
or her representative, if any, with the notice of dis-
agreement; and 
‘‘(ii) evidence submitted by the appellant and 
his or her representative, if any, within 90 days fol-
lowing receipt of the notice of disagreement.’’. 
(t) CONFORMING AMENDMENT.—The heading of sec-
tion 7105 is amended by striking ‘‘notice of disagreement 
and’’. 
(u) CLERICAL AMENDMENTS.— 
(1) The table of sections at the beginning of 
chapter 51 of title 38, United States Code, is 
amended— 
(A) by inserting after the item relating to 
section 5103A the following new item: 
‘‘5103B. Applicability of duty to assist.’’; 
and 
(B) by inserting after the item relating to 
section 5104 the following new items: 
‘‘5104A. Binding nature of favorable findings. 
‘‘5104B. Higher-level review by the Agency of Original Jurisdiction.’’. 
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