(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. 
Æ 
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