‘‘(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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(2) The item relating to section 5108 in the 
table of sections at the beginning of chapter 51 of 
title 38, United States Code, is amended by striking 
‘‘Reopening disallowed claims.’’ and replacing it with 
‘‘Supplemental claims.’’. 
(3) The table of sections at the beginning of 
chapter 71 of title 38, United States Code, is 
amended by— 
(A) striking the item relating to section 
7106; 
(B) striking the item relating to section 
7109; and 
(C) adding at the end the following new 
item: 
‘‘7113. The evidentiary record before the Board.’’. 
(4) The item relating to section 7105 in the 
table of sections at the beginning of chapter 71 of 
title 38, United States Code, is amended by striking 
‘‘notice of disagreement and’’. 
Æ 
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