I 
115TH CONGRESS 
1ST SESSION H. R. 2288 
To amend title 38, United States Code, to reform the rights and processes 
relating to appeals of decisions regarding claims for benefits under the 
laws administered by the Secretary of Veterans Affairs, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 2, 2017 
Mr. BOST (for himself, Ms. ESTY of Connecticut, Mr. ROE of Tennessee, Mr. 
WALZ, Mr. BILIRAKIS, Mr. TAKANO, Mr. COFFMAN, Ms. BROWNLEY of 
California, Mr. WENSTRUP, Ms. KUSTER of New Hampshire, Mrs. 
RADEWAGEN, Mr. O’ROURKE, Mr. POLIQUIN, Miss RICE of New York, 
Mr. DUNN, Mr. CORREA, Mr. ARRINGTON, Mr. SABLAN, Mr. RUTHER-
FORD, Mr. PETERS, Mr. HIGGINS of Louisiana, Mr. BERGMAN, Mr. 
BANKS of Indiana, Miss GONZA´LEZ-COLO´N of Puerto Rico, and 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 reform the rights 
and processes relating to appeals of decisions regarding 
claims for benefits under the laws administered by the 
Secretary of Veterans Affairs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Appeals Im-
provement and Modernization Act of 2017’’. 
SEC. 2. REFORM OF RIGHTS AND PROCESSES RELATING TO 
APPEALS OF DECISIONS REGARDING CLAIMS 
FOR BENEFITS UNDER LAWS ADMINISTERED 
BY SECRETARY OF VETERANS AFFAIRS. 
(a) DEFINITIONS.—Section 101 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new paragraphs: 
‘‘(34) The term ‘agency of original jurisdiction’ 
means the activity which entered the original determina-
tion with regard to a claim for benefits under laws admin-
istered by the Secretary. 
‘‘(35) The term ‘relevant evidence’ means evidence 
that tends to prove or disprove a matter in issue. 
‘‘(36) The term ‘supplemental claim’ means any 
claim for benefits under laws administered by the Sec-
retary filed by a claimant who had previously filed a claim 
for the same or similar benefits on the same or similar 
basis.’’. 
(b) NOTICE REGARDING CLAIMS.—Section 5103(a) 
of such title is amended— 
(1) in paragraph (1), in the first sentence, by 
striking ‘‘The’’ and inserting ‘‘Except as provided in 
paragraph (3), the’’; 
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(2) in paragraph (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 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) The requirement to provide notice under para-
graph (1) shall not apply with respect to a supplemental 
claim that is filed within the timeframe set forth in sub-
paragraphs (B) and (D) of section 5110(a)(2) of this 
title.’’. 
(c) MODIFICATION
OF
RULE
REGARDING
DIS-
ALLOWED CLAIMS.—Section 5103A(f) of such title is 
amended— 
(1) by striking ‘‘reopen’’ and inserting ‘‘readju-
dicate’’; and 
(2) by striking ‘‘material’’ and inserting ‘‘rel-
evant’’. 
(d) MODIFICATION
OF DUTY TO ASSIST CLAIM-
ANTS.—Section 5103A of such title is amended— 
(1) by redesignating subsections (e) through (g) 
as subsections (g) through (i), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing new subsections: 
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‘‘(e) APPLICABILITY OF DUTY TO ASSIST.—(1) The 
Secretary’s duty to assist under this section shall apply 
only to a claim, or supplemental claim, for a benefit under 
a law administered by the Secretary until the time that 
a claimant is provided notice of the agency of original ju-
risdiction’s decision with respect to such claim, or supple-
mental claim, under section 5104 of this title. 
‘‘(2) The Secretary’s duty to assist under this section 
shall not apply to higher-level review by the agency of 
original jurisdiction, pursuant to section 5104B of this 
title, or to review on appeal by the Board of Veterans’ 
Appeals. 
‘‘(f) CORRECTION OF DUTY TO ASSIST ERRORS.— 
(1) If, during review of the agency of original jurisdiction 
decision under section 5104B of this title, the higher-level 
adjudicator identifies or learns of an error on the part of 
the agency of original jurisdiction to satisfy its duties 
under this section, and that error occurred prior to the 
agency of original jurisdiction decision being reviewed, un-
less the claim can be granted in full, the higher-level adju-
dicator shall return the claim for correction of such error 
and readjudication. 
‘‘(2)(A) If the Board of Veterans’ Appeals, during re-
view on appeal of an agency of original jurisdiction deci-
sion, identifies or learns of an error on the part of the 
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agency of original jurisdiction to satisfy its duties under 
this section, and that error occurred prior to the agency 
of original jurisdiction decision on appeal, unless the claim 
can be granted in full, the Board shall remand the claim 
to the agency of original jurisdiction for correction of such 
error and readjudication. 
‘‘(B) Remand for correction of such error may in-
clude directing the agency of original jurisdiction to obtain 
an advisory medical opinion under section 5109 of this 
title. 
‘‘(3) Nothing in this subsection shall be construed to 
imply that the Secretary, during the consideration of a 
claim, does not have a duty to correct an error described 
in paragraph (1) or (2) that was erroneously not identified 
during higher-level review or during review on appeal with 
respect to the claim.’’. 
(e) DECISIONS AND NOTICES OF DECISIONS.—Sub-
section (b) of section 5104 of such title is amended to read 
as follows: 
‘‘(b) Each notice provided under subsection (a) shall 
also include all of the following: 
‘‘(1) Identification of the issues adjudicated. 
‘‘(2) A summary of the evidence considered by 
the Secretary. 
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‘‘(3) A summary of the applicable laws and reg-
ulations. 
‘‘(4) Identification of findings favorable to the 
claimant. 
‘‘(5) In the case of a denial of a claim, identi-
fication of elements not satisfied leading to the de-
nial. 
‘‘(6) An explanation of how to obtain or access 
evidence used in making the decision. 
‘‘(7) If applicable, identification of the criteria 
that must be satisfied to grant service connection or 
the next higher level of compensation.’’. 
(f) BINDING NATURE OF FAVORABLE FINDINGS.— 
(1) IN GENERAL.—Chapter 51 of such title is 
amended by inserting after section 5104 the fol-
lowing new section: 
‘‘§ 5104A. Binding nature of favorable findings 
‘‘Any finding favorable to the claimant as described 
in section 5104(b)(4) of this title shall be binding on all 
subsequent adjudicators within the Department, unless 
clear and convincing evidence is shown to the contrary to 
rebut such favorable finding.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of such title is 
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amended by inserting after the item relating to sec-
tion 5104 the following new item: 
‘‘5104A. Binding nature of favorable findings.’’. 
(g) HIGHER-LEVEL REVIEW BY AGENCY OF ORIGI-
NAL JURISDICTION.— 
(1) IN GENERAL.—Chapter 51 of such title, as 
amended by subsection (f), is further amended by in-
serting after section 5104A, as added by such sub-
section, the following new section: 
‘‘§ 5104B. Higher-level review by the agency of origi-
nal jurisdiction 
‘‘(a) IN GENERAL.—(1) A claimant may request a 
review of the decision of the agency of original jurisdiction 
by a higher-level adjudicator within the agency of original 
jurisdiction. 
‘‘(2) The Secretary shall approve each request for re-
view under paragraph (1). 
‘‘(b) TIME AND MANNER OF REQUEST.—(1) A re-
quest for higher-level review by the agency of original ju-
risdiction shall be— 
‘‘(A) in writing in such form as the Secretary 
may prescribe; and 
‘‘(B) made within one year of the notice of the 
agency of original jurisdiction’s decision. 
‘‘(2) Such request may specifically indicate whether 
such review is requested by a higher-level adjudicator at 
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the same office within the agency of original jurisdiction 
or by an adjudicator at a different office of the agency 
of original jurisdiction. The Secretary shall not deny such 
a request for review by an adjudicator at a different office 
of the agency of original jurisdiction without good cause. 
‘‘(c) DECISION.—Notice of a higher-level review deci-
sion under this section shall be provided in writing and 
shall include a general statement— 
‘‘(1) reflecting whether evidence was not consid-
ered pursuant to subsection (d); and 
‘‘(2) noting the options available to the claim-
ant to have the evidence described in paragraph (1), 
if any, considered by the Department. 
‘‘(d) EVIDENTIARY RECORD FOR REVIEW.—The evi-
dentiary record before the higher-level adjudicator shall be 
limited to the evidence of record in the agency of original 
jurisdiction decision being reviewed. 
‘‘(e) DE NOVO REVIEW.—A review of the decision of 
the agency of original jurisdiction by a higher-level adjudi-
cator within the agency of original jurisdiction shall be de 
novo.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of such title, as 
amended by subsection (f), is further amended by in-
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serting after the item relating to section 5104A, as 
added by such subsection, the following new item: 
‘‘5104B. Higher-level review by the agency of original jurisdiction.’’. 
(h) OPTIONS FOLLOWING DECISION BY AGENCY OF 
ORIGINAL JURISDICTION.— 
(1) IN GENERAL.—Chapter 51 of such title, as 
amended by subsection (g), is further amended by 
inserting after section 5104B, as added by such sub-
section, the following new section: 
‘‘§ 5104C. Options following decision by agency of 
original jurisdiction 
‘‘(a) WITHIN ONE YEAR OF DECISION.—(1) Subject 
to paragraph (2), in any case in which the Secretary ren-
ders a decision on a claim, the claimant may take any of 
the following actions on or before the date that is one year 
after the date on which the agency of original jurisdiction 
issues a decision with respect to that claim: 
‘‘(A) File a request for higher-level review 
under section 5104B of this title. 
‘‘(B) File a supplemental claim under section 
5108 of this title. 
‘‘(C) File a notice of disagreement under sec-
tion 7105 of this title. 
‘‘(2)(A) Once a claimant takes an action set forth in 
paragraph (1), the claimant may not take another action 
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set forth in that paragraph with respect to such claim 
until— 
‘‘(i) the higher-level review, supplemental claim, 
or notice of disagreement is adjudicated; or 
‘‘(ii) the request for higher-level review, supple-
mental claim, or notice of disagreement is with-
drawn. 
‘‘(B) Nothing in this subsection shall prohibit a 
claimant from taking any of the actions set forth in para-
graph (1) in succession with respect to a claim. 
‘‘(C) Nothing in this subsection shall prohibit a 
claimant from taking different actions set forth in para-
graph (1) with respect to different claims. 
‘‘(D) The Secretary may, as the Secretary considers 
appropriate, develop and implement a policy for claimants 
who— 
‘‘(i) take an action under paragraph (1); 
‘‘(ii) wish to withdraw the action before the 
higher-level review, supplemental claim, or notice of 
disagreement is adjudicated; and 
‘‘(iii) in lieu of such action take a different ac-
tion under paragraph (1). 
‘‘(b) MORE THAN ONE YEAR AFTER DECISION.—In 
any case in which the Secretary renders a decision on a 
claim and more than one year has passed since the date 
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on which the agency of original jurisdiction issues a deci-
sion with respect to that claim, the claimant may file a 
supplemental claim under section 5108 of this title. 
‘‘(c) BVA AND CAVC.—Nothing in subsection (a) or 
(b) may be construed to limit the options available to a 
claimant pursuant to chapters 71 or 72 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of such title, as 
amended by subsection (g), is further amended by 
inserting after the item relating to section 5104B, as 
added by such subsection, the following new item: 
‘‘5104C. Options following decision by agency of original jurisdiction.’’. 
(i) SUPPLEMENTAL CLAIMS.— 
(1) IN GENERAL.—Section 5108 of such title 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.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 51 of such title is 
amended by striking the item relating to section 
5108 and inserting the following new item: 
‘‘5108. Supplemental claims.’’. 
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(j) REMAND TO OBTAIN ADVISORY MEDICAL OPIN-
ION.—Section 5109 of such title is amended by adding 
at the end the following new subsection: 
‘‘(d)(1) The Board of Veterans’ Appeals shall remand 
a claim to direct the agency of original jurisdiction to ob-
tain an advisory medical opinion from an independent 
medical expert under this section if the Board finds that 
the Veterans Benefits Administration should have exer-
cised its discretion to obtain such an opinion. 
‘‘(2) The Board’s remand instructions shall include 
the questions to be posed to the independent medical ex-
pert providing the advisory medical opinion.’’. 
(k) RESTATEMENT OF REQUIREMENT FOR EXPE-
DITED TREATMENT
OF REMANDED CLAIMS.—Section 
5109B of such title is amended to read as follows: 
‘‘§ 5109B. Expedited treatment of remanded claims 
‘‘The Secretary shall take such actions as may be 
necessary to provide for the expeditious treatment by the 
Veterans Benefits Administration of any claim that is re-
turned by a higher level adjudicator under section 5104B 
of this title or remanded by the Board of Veterans’ Ap-
peals.’’. 
(l) EFFECTIVE DATES OF AWARDS.—Section 5110 of 
title 38, United States Code, is amended— 
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(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a)(1) Unless specifically provided otherwise in this 
chapter, the effective date of an award based on an initial 
claim, or a supplemental claim, of compensation, depend-
ency 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 application therefor. 
‘‘(2) For purposes of determining the effective date 
of an award under this section, the date of application 
shall be considered the date of the filing of the initial ap-
plication for a benefit if the claim is continuously pursued 
by filing any of the following, either alone or in succession: 
‘‘(A) A request for higher-level review under 
section 5104B of this title on or before the date that 
is one year after the date on which the agency of 
original jurisdiction issues a decision. 
‘‘(B) A supplemental claim under section 5108 
of this title on or before the date that is one year 
after the date on which the agency of original juris-
diction issues a decision. 
‘‘(C) A notice of disagreement on or before the 
date that is one year after the date on which the 
agency of original jurisdiction issues a decision. 
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‘‘(D) A supplemental claim under section 5108 
of this title on or before the date that is one year 
after the date on which the Board of Veterans’ Ap-
peals issues a decision. 
‘‘(E) A supplemental claim under section 5108 
of this title on or before the date that is one year 
after the date on which the Court of Appeals for 
Veterans Claims issues a decision. 
‘‘(3) Except as otherwise provided in this section, for 
supplemental claims received more than one year after the 
date on which the agency of original jurisdiction issued 
a decision or the Board of Veterans’ Appeals issued a deci-
sion, the effective 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), in the first sentence— 
(A) by striking ‘‘reopened’’ and inserting 
‘‘readjudicated’’; 
(B) by striking ‘‘material’’ and inserting 
‘‘relevant’’; and 
(C) by striking ‘‘reopening’’ and inserting 
‘‘readjudication’’. 
(m) DEFINITION OF AWARD OR INCREASED AWARD 
FOR PURPOSES
OF PROVISIONS RELATING
TO COM-
MENCEMENT
OF
PERIOD
OF
PAYMENT.—Section 
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5111(d)(1) of such title is amended by striking ‘‘or re-
opened award’’ and inserting ‘‘award or award based on 
a supplemental claim’’. 
(n) MODIFICATION ON LIMITATION ON FEES ALLOW-
ABLE FOR REPRESENTATION.—Section 5904(c) of such 
title is amended, in paragraphs (1) and (2), by striking 
‘‘notice of disagreement is filed’’ both places it appears 
and inserting ‘‘claimant is provided notice of the agency 
of original jurisdiction’s initial decision under section 5104 
of this title’’. 
(o) CLARIFICATION OF BOARD OF VETERANS’ AP-
PEALS REFERRAL REQUIREMENTS AFTER ORDER FOR 
RECONSIDERATION OF DECISIONS.—Section 7103(b)(1) 
of title 38, United States Code, is amended by striking 
‘‘heard’’ both places it appears and inserting ‘‘decided’’. 
(p) CONFORMING AMENDMENT RELATING TO RE-
ADJUDICATION.—Section 7104(b) of such title is amended 
by striking ‘‘reopened’’ and inserting ‘‘readjudicated’’. 
(q) MODIFICATION OF PROCEDURES FOR APPEALS 
TO BOARD OF VETERANS’ APPEALS.— 
(1) IN
GENERAL.—Section 7105 of title 38, 
United States Code, is amended— 
(A) in subsection (a), by striking the first 
sentence and inserting ‘‘Appellate review shall 
be initiated by the filing of a notice of disagree-
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ment in the form prescribed by the Secretary.’’; 
and 
(B) by amending subsection (b) to read as 
follows: 
‘‘(b)(1)(A) 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 deci-
sion of the agency of original jurisdiction pursuant to sec-
tion 5104, 5104B, or 5108 of this title. 
‘‘(B) A notice of disagreement postmarked before the 
expiration of the 1-year period shall be accepted as timely 
filed. 
‘‘(C) A question as to timeliness or adequacy of the 
notice of disagreement shall be decided by the Board. 
‘‘(2)(A) Notices of disagreement shall be in writing, 
shall identify the specific determination with which the 
claimant disagrees, and may be filed by the claimant, the 
claimant’s legal guardian, or such accredited representa-
tive, attorney, or authorized agent as may be selected by 
the claimant or legal guardian. 
‘‘(B) Not more than one recognized organization, at-
torney, or agent may be recognized at any one time in 
the prosecution of a claim. 
‘‘(C) Notices of disagreement shall be filed with the 
Board. 
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‘‘(3) The notice of disagreement shall indicate wheth-
er the claimant requests— 
‘‘(A) a hearing before the Board, which shall 
include an opportunity to submit evidence in accord-
ance with section 7113(b) of this title; 
‘‘(B) an opportunity to submit additional evi-
dence without a hearing before the Board, which 
shall include an opportunity to submit evidence in 
accordance with section 7113(c) of this title; or 
‘‘(C) a review by the Board without a hearing 
or the submittal of additional evidence. 
‘‘(4) The Secretary may develop a policy to permit 
a claimant to modify the information identified in the no-
tice of disagreement after the notice of disagreement has 
been filed under this section pursuant to such require-
ments as the Secretary may prescribe.’’; 
(C) by amending subsection (c) to read as 
follows: 
‘‘(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 shall not thereafter be 
readjudicated or allowed, except as may otherwise be pro-
vided by section 5104B or 5108 of this title or such regu-
lations as are consistent with this title.’’; 
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(D) by striking subsection (d) and insert-
ing the following new subsection (d): 
‘‘(d) The Board of Veterans’ Appeals may dismiss 
any appeal which fails to identify the specific determina-
tion with which the claimant disagrees.’’; 
(E) by striking subsection (e); and 
(F) in the section heading, by striking 
‘‘notice of disagreement and’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 71 of such title is 
amended by striking the item relating to section 
7105 and inserting the following new item: 
‘‘7105. Filing of appeal.’’. 
(r) MODIFICATION OF PROCEDURES AND REQUIRE-
MENTS
FOR SIMULTANEOUSLY CONTESTED CLAIMS.— 
Subsection (b) of section 7105A of such title is amended 
to read as follows: 
‘‘(b)(1) The substance of the notice of disagreement 
shall be communicated to the other party or parties in in-
terest and a period of thirty days shall be allowed for filing 
a brief or argument in response thereto. 
‘‘(2) Such notice shall be forwarded to the last known 
address of record of the parties concerned, and such action 
shall constitute sufficient evidence of notice.’’. 
(s) REPEAL OF PROCEDURES FOR ADMINISTRATIVE 
APPEALS.— 
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(1) IN GENERAL.—Chapter 71 of such title is 
amended by striking section 7106. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 71 of such title is 
amended by striking the item relating to section 
7106. 
(t) MODIFICATIONS RELATING TO APPEALS: DOCK-
ETS; HEARINGS.— 
(1) IN GENERAL.—Section 7107 of such title is 
amended to read as follows: 
‘‘§ 7107. Appeals: dockets; hearings 
‘‘(a) DOCKETS.—(1) Subject to paragraph (2), the 
Board shall maintain at least two separate dockets. 
‘‘(2) The Board may not maintain more than two 
separate dockets unless the Board notifies the Committee 
on Veterans’ Affairs of the Senate and the Committee on 
Veterans’ Affairs of the House of Representatives of any 
additional docket, including a justification for maintaining 
such additional docket. 
‘‘(3)(A) The Board may assign to each docket main-
tained under paragraph (1) such cases as the Board con-
siders appropriate, except that cases described in clause 
(i) of subparagraph (B) may not be assigned to any docket 
to which cases described in clause (ii) of such paragraph 
are assigned. 
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‘‘(B) Cases described in this subparagraph are the 
following: 
‘‘(i) Cases in which no Board hearing is re-
quested and no additional evidence will be sub-
mitted. 
‘‘(ii) Cases in which a Board hearing is re-
quested in the notice of disagreement. 
‘‘(4) Except as provided in subsection (b), each case 
before the Board will be decided in regular order according 
to its respective place on the docket to which it is assigned 
by the Board. 
‘‘(b) ADVANCEMENT ON THE DOCKET.—(1) A case 
on one of the dockets of the Board maintained under sub-
section (a) may, for cause shown, be advanced on motion 
for earlier consideration and determination. 
‘‘(2) Any such motion shall set forth succinctly the 
grounds upon which the motion is based. 
‘‘(3) Such a motion may be granted only— 
‘‘(A) if the case involves interpretation of law of 
general application affecting other claims; 
‘‘(B) if the appellant is seriously ill or is under 
severe financial hardship; or 
‘‘(C) for other sufficient cause shown. 
‘‘(c) MANNER AND SCHEDULING OF HEARINGS FOR 
CASES ON DOCKET THAT MAY INCLUDE HEARING.—(1) 
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For cases on a docket maintained by the Board under sub-
section (a) that may include a hearing, in which a hearing 
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 subparagraph 
(A) of paragraph (1), the appellant may alternatively re-
quest a hearing as described in subparagraph (B) of such 
paragraph. If so requested, the Board shall grant such re-
quest. 
‘‘(B) Upon notification of a Board hearing by picture 
and voice transmission as described in subparagraph (B) 
of paragraph (1), the appellant may alternatively request 
a hearing as described in subparagraph (A) of such para-
graph. If so requested, the Board shall grant such request. 
‘‘(d) SCREENING OF CASES.—Nothing in this section 
shall be construed to preclude the screening of cases for 
purposes of— 
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‘‘(1) determining the adequacy of the record for 
decisional purposes; or 
‘‘(2) the development, or attempted develop-
ment, of a record found to be inadequate for 
decisional purposes. 
‘‘(e) POLICY
ON CHANGING DOCKETS.—The Sec-
retary may develop and implement a policy allowing a 
claimant to move the claimant’s case from one docket to 
another docket.’’. 
(2) REPORT.—Not later than the date that is 
90 days before the date set forth in subsection (x), 
the Secretary shall submit to the Committee on Vet-
erans’ Affairs of the Senate and the Committee on 
Veterans’ Affairs of the House of Representatives a 
report setting forth a description of the docket that 
will be maintained under section 7107 of title 38, 
United States Code, as amended by paragraph (1), 
for cases in which no hearing before the Board of 
Veterans’ Appeals is requested in the notice of dis-
agreement but the appellant requests, in the notice 
of disagreement, an opportunity to submit additional 
evidence. 
(u) REPEAL OF CERTAIN AUTHORITY FOR INDE-
PENDENT MEDICAL OPINIONS.— 
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(1) IN GENERAL.—Section 7109 of such title is 
repealed. 
(2) 
CONFORMING
AMENDMENT.—Section 
5701(b)(1) of such title is amended by striking ‘‘or 
7109’’. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 71 of such title is 
amended by striking the item relating to section 
7109. 
(v) CLARIFICATION OF PROCEDURES FOR REVIEW OF 
DECISIONS ON GROUNDS OF CLEAR AND UNMISTAKABLE 
ERROR.—Section 7111(e) of such title is amended by 
striking ‘‘, without referral to any adjudicative or hearing 
official acting on behalf of the Secretary’’. 
(w) EVIDENTIARY RECORD BEFORE BOARD OF VET-
ERANS’ APPEALS.— 
(1) IN GENERAL.—Chapter 71 of such title is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 7113. Evidentiary record before the Board of Vet-
erans’ Appeals 
‘‘(a) CASES WITH NO REQUEST FOR A HEARING OR 
ADDITIONAL EVIDENCE.—For cases in which a hearing 
before the Board of Veterans’ Appeals is not requested 
in the notice of disagreement and no request was made 
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to submit evidence, the evidentiary record before the 
Board shall be limited to the evidence of record at the 
time of the decision of the agency of original jurisdiction 
on appeal. 
‘‘(b) CASES WITH A REQUEST FOR HEARING.—(1) 
Except as provided in paragraph (2), for cases 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 decision of the agency 
of original jurisdiction on appeal. 
‘‘(2) The evidentiary record before the Board for 
cases described in paragraph (1) shall include each of the 
following, which the Board shall consider in the first in-
stance: 
‘‘(A) Evidence submitted by the appellant and 
the representative of the appellant, if any, at the 
Board hearing. 
‘‘(B) Evidence submitted by the appellant and 
the representative of the appellant, if any, within 90 
days following the Board hearing. 
‘‘(c) CASES WITH NO REQUEST FOR A HEARING AND 
WITH A REQUEST FOR ADDITIONAL EVIDENCE.—(1) Ex-
cept as provided in paragraph (2), for cases in which a 
hearing is not requested in the notice of disagreement but 
an opportunity to submit evidence is requested, the evi-
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dentiary record before the Board shall be limited to the 
evidence considered by the agency of original jurisdiction 
in the decision on appeal. 
‘‘(2) The evidentiary record before the Board for 
cases described in paragraph (1) shall include each of the 
following, which the Board shall consider in the first in-
stance: 
‘‘(A) Evidence submitted by the appellant and 
the representative of the appellant, if any, with the 
notice of disagreement. 
‘‘(B) Evidence submitted by the appellant and 
the representative of the appellant, if any, within 90 
days following receipt of the notice of disagree-
ment.’’. 
(2) NOTIFICATION WHEN EVIDENCE NOT CON-
SIDERED.—Section 7104(d) of such title is amend-
ed— 
(A) in paragraph (1), by striking ‘‘; and’’ 
and inserting a semicolon; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the 
following new paragraph (2): 
‘‘(2) a general statement— 
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‘‘(A) reflecting whether evidence was not 
considered in making the decision because the 
evidence was received at a time when not per-
mitted under section 7113 of this title; and 
‘‘(B) noting such options as may be avail-
able for having the evidence considered by the 
Department; and’’. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 71 of such title is 
amended by inserting after the item relating to sec-
tion 7112 the following new item: 
‘‘7113. Evidentiary record before the Board of Veterans’ Appeals.’’. 
(x) APPLICABILITY.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by 
this section shall apply to all claims for which notice 
of a decision under section 5104 of title 38, United 
States Code, is provided by the Secretary of Vet-
erans Affairs on or after the later of— 
(A) the date that is 540 days after the 
date of the enactment of this Act; and 
(B) the date that is 30 days after the date 
on which the Secretary of Veterans Affairs sub-
mits to the Committee on Veterans’ Affairs of 
the Senate and the Committee on Veterans’ Af-
fairs of the House of Representatives— 
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(i) a certification that the Secretary 
confirms, without delegation, that the De-
partment of Veterans Affairs has the re-
sources, personnel, office space, proce-
dures, and information technology re-
quired— 
(I) to carry out the modernized 
appeals system; and 
(II) to timely address both ap-
peals of decisions on legacy claims 
and appeals under the modernized ap-
peals system; and 
(ii) a description of the collaboration 
conducted under paragraph (2) in making 
such certification, including the views of 
the organizations and stakeholders speci-
fied in such paragraph. 
(2) COLLABORATION.—In determining whether 
and when to make a certification under paragraph 
(1)(B)(i), the Secretary shall collaborate with, part-
ner with, and give weight to the advice of the three 
veterans service organizations with the most mem-
bers and such other stakeholders as the Secretary 
considers appropriate. 
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(3) EARLY
APPLICABILITY.—The Secretary 
may apply the modernized appeals system to a claim 
with respect to which the claimant— 
(A) receives a notice of a decision under 
section 5104 of such title after the date of the 
enactment of this Act and before the applica-
bility date set forth in paragraph (1); and 
(B) elects to subject the claim to the mod-
ernized appeals system. 
(4) PHASED
ROLLOUT.—The Secretary may 
begin implementation of the modernized appeals sys-
tem in phases, with the first phase of such phased 
implementation beginning on the applicability date 
set forth in paragraph (1). 
(5) LEGACY CLAIMS.—With respect to legacy 
claims, upon the issuance to a claimant of a state-
ment of the case or a supplemental statement of the 
case occurring on or after the applicability date 
specified in paragraph (1), a claimant may elect to 
participate in the modernized appeals system. 
(6) PUBLICATION OF APPLICABILITY DATE.— 
Not later than the date on which the modernized ap-
peals system goes into effect (or the first phase of 
the modernized appeals system goes into effect 
under paragraph (4), as the case may be), the Sec-
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retary shall publish in the Federal Register such 
date. 
SEC. 3. COMPREHENSIVE PLAN AND REPORTS FOR PROC-
ESSING OF LEGACY APPEALS AND IMPLE-
MENTING MODERNIZED APPEALS SYSTEM. 
(a) PLAN REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall submit to the Committee on Vet-
erans’ Affairs of the Senate, the Committee on Veterans’ 
Affairs of the House of Representatives, and the Comp-
troller General of the United States a comprehensive plan 
for— 
(1) the number of resolutions for appeals of de-
cisions on legacy claims that the Secretary considers 
pending; 
(2) implementing the modernized appeals sys-
tem; and 
(3) timely processing, under the modernized ap-
peals system, of— 
(A) supplemental claims under section 
5108 of title 38, United States Code, as amend-
ed by section 2(i); 
(B) requests for higher level review under 
section 5104B of such title, as added by section 
2(g); and 
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(C) appeals on any docket maintained 
under section 7107 of such title, as amended by 
section 2(t). 
(b) ELEMENTS.—The plan required by subsection (a) 
shall include, at a minimum, the following: 
(1) An estimate (including a detailed descrip-
tion of the bases the Secretary uses to develop such 
estimate) of the— 
(A) numbers of appeals and the timeliness 
of deciding appeals under the modernized ap-
peals system, including such number under 
each docket described in section 7107 of title 
38, United States Code, as amended by section 
2; and 
(B) numbers of appeals of decisions on leg-
acy claims and the timeliness of deciding such 
appeals. 
(2) Delineation of the total resource require-
ments of the Veterans Benefits Administration and 
the Board of Veterans’ Appeals, disaggregated by 
resources required to implement and administer the 
modernized appeals system and resources required 
to address the appeals of decisions on legacy claims. 
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(3) Delineation of the personnel requirements 
of the Administration and the Board, including 
staffing levels during the— 
(A) period in which the Administration and 
the Board are concurrently processing— 
(i) appeals of decisions on legacy 
claims; and 
(ii) appeals of decisions on non-legacy 
claims under the modernized appeals sys-
tem; and 
(B) the period during which the Adminis-
tration and the Board are no longer processing 
any appeals of decisions on legacy claims. 
(4) Identification of the legal authorities under 
which the Administration or the Board may— 
(A) hire additional employees to conduct 
the concurrent processing described in para-
graph (2)(A); and 
(B) remove employees who are no longer 
required by the Administration or the Board 
once the Administration and the Board are no 
longer processing any appeals of decisions on 
legacy claims. 
(5) An estimate of the amount of time the Ad-
ministration and the Board will require to hire addi-
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tional employees as described in paragraph (3)(A) 
once funding has been made available for such pur-
pose, including a comparison of such estimate and 
the historical average time required by the Adminis-
tration and the Board to hire additional employees. 
(6) A description of the modifications to the in-
formation technology systems of the Administration 
and the Board that the Administration and the 
Board require to carry out the modernized appeals 
system, including cost estimates and a timeline for 
making the modifications. 
(7) An estimate of the office space the Adminis-
tration and the Board will require during each of the 
periods described in paragraph (2), including— 
(A) an estimate of the amount of time the 
Administration and the Board will require to 
acquire any additional office space to carry out 
processing of appeals of decisions on legacy 
claims and processing of appeals under the 
modernized appeals system; 
(B) a comparison of the estimate under 
subparagraph (A) and the historical average 
time required by the Administration and the 
Board to acquire new office space; and 
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(C) a plan for using telework to accommo-
date staff exceeding available office space, in-
cluding how the Administration and the Board 
will provide training and oversight with respect 
to such teleworking. 
(8) Projections for the productivity of individual 
employees at the Administration and the Board in 
carrying out tasks relating to the processing of ap-
peals of decisions on legacy claims and appeals 
under the modernized appeals system, taking into 
account the experience level of new employees and 
the enhanced notice requirements under section 
5104(b) of title 38, United States Code, as amended 
by section 2(e). 
(9) An outline of the outreach the Secretary ex-
pects to conduct to inform veterans, families of vet-
erans, survivors of veterans, veterans service organi-
zations, military service organizations, congressional 
caseworkers, advocates for veterans, and such other 
stakeholders as the Secretary considers appropriate 
about the modernized appeals system, including— 
(A) a description of the resources required 
to conduct such outreach; and 
(B) timelines for such outreach. 
(10) Identification of and a timeline for— 
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(A) any training that may be required as 
a result of hiring new employees to carry out 
the modernized appeals system or to process 
appeals of decisions on legacy claims; and 
(B) any re-training of existing employees 
that may be required to carry out such system 
or to process such claims. 
(11) Identification of— 
(A) the costs to the Department of the 
training identified under paragraph (10) and 
any additional training staff and any additional 
training facilities that will be required to pro-
vide such training; and 
(B) any issues relating to how the hiring 
and training procedures of the Department may 
change because of unplanned circumstances (in-
cluding with respect to delays in developing an 
information technology system to process ap-
peals under the modernized appeals system) re-
lating to carrying out the modernized appeals 
system or to process appeals of decisions on leg-
acy claims. 
(12) Estimated timelines for updating any pol-
icy guidance, internet websites, and official forms 
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that may be necessary to carry out the modernized 
appeals system, including— 
(A) identification of which offices and enti-
ties will be involved in efforts relating to such 
updating; and 
(B) historical information about how long 
similar update efforts have taken. 
(13) A timeline, including interim milestones, 
for promulgating such regulations as may be nec-
essary to carry out the modernized appeals system 
and a comparison with historical averages for time 
required to promulgate regulations of similar com-
plexity and scope. 
(14) An outline of the circumstances under 
which claimants with pending appeals of decisions 
on legacy claims would be authorized to have their 
appeals reviewed under the modernized appeals sys-
tem. 
(15) A delineation of the key goals and mile-
stones for reducing the number of pending appeals 
that are not processed under the modernized appeals 
system, including the expected number for each of 
appeals, remands, and hearing requests at the Ad-
ministration and the Board each year, beginning 
with the one year period beginning on the date of 
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the enactment of this Act, until there are no longer 
any appeals pending before the Administration or 
the Board for a decision on a legacy claim. 
(16) The metrics and goals used by the Sec-
retary to monitor the implementation of the modern-
ized appeals system, including with respect to— 
(A) tracking progress of such implementa-
tion; 
(B) evaluating the efficiency and effective-
ness of such implementation; and 
(C) identifying potential issues with re-
spect to such implementation. 
(17) A description of each risk factor associated 
with each element of the plan and a contingency 
plan to minimize each such risk. 
(c) REVIEW BY COMPTROLLER GENERAL OF THE 
UNITED STATES.— 
(1) IN GENERAL.—Not later than 90 days after 
the Comptroller General of the United States re-
ceives the plan required by subsection (a), the 
Comptroller General shall— 
(A) assess such plan in writing; and 
(B) submit to the Committee on Veterans’ 
Affairs of the Senate and the Committee on 
Veterans’ Affairs of the House of Representa-
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tives the findings of the Comptroller General 
with respect to the assessment conducted under 
subparagraph (A). 
(2) ELEMENTS.—The assessment conducted 
under paragraph (1)(A) shall include the following: 
(A) An assessment of whether the plan 
comports with sound planning practices. 
(B) Identification of any improvements the 
Comptroller considers appropriate for the plan. 
(C) Formulation of such recommendations 
as the Comptroller General considers appro-
priate. 
(d) PERIODIC REPORTS.—On a quarterly basis dur-
ing the period beginning 90 days after the date on which 
the Secretary submits the plan under subsection (a) and 
ending on the date that the Secretary implements the 
modernized appeals system, and on a semiannual basis 
during the 10-year period following such date of imple-
mentation, the Secretary shall submit to the Committee 
on Veterans’ Affairs of the Senate, the Committee on Vet-
erans’ Affairs of the House of Representatives, and the 
Comptroller General a report on the modernized appeals 
system. Each such report shall include, with respect to the 
period covered by the report— 
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(4) The efficacy of the information systems of 
the Department of Veterans Affairs to implement 
the modernized appeals system. 
(5) An identification of any changes are nec-
essary to improve the modernized appeals system. 
(e) REPORT ON CERTAIN DOCKET.—Not later than 
the date that is 90 days before the date set forth in section 
2(x)(1), the Secretary shall submit to the Committee on 
Veterans’ Affairs of the Senate and the Committee on Vet-
erans’ Affairs of the House of Representatives a report 
setting forth a description of the docket that will be main-
tained under section 7107 of title 38, United States Code, 
as amended by section 2, for cases in which no hearing 
before the Board of Veterans’ Appeals is requested in the 
notice of disagreement but the appellant requests, in the 
notice of disagreement, an opportunity to submit addi-
tional evidence. 
SEC. 4. PROGRAMS TO TEST ASSUMPTIONS RELIED ON IN 
DEVELOPMENT OF COMPREHENSIVE PLAN 
FOR PROCESSING OF LEGACY APPEALS AND 
SUPPORTING MODERNIZED APPEALS SYS-
TEM. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—The Secretary of Veterans 
Affairs may carry out such programs as the Sec-
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retary considers appropriate to test any assumptions 
relied upon in developing the comprehensive plan re-
quired by section 3(a) and to test the feasibility and 
advisability of any facet of the modernized appeals 
system. The Secretary may not carry out such a pro-
gram until the Secretary notifies the Committee on 
Veterans’ Affairs of the Senate and the Committee 
on Veterans’ Affairs of the House of Representatives 
of the program, including the reasons for carrying 
out the program. 
(2) REPORTING REQUIRED.—Whenever the Sec-
retary determines, based on the conduct of a pro-
gram under paragraph (1), that legislative changes 
to the modernized appeals system are necessary, the 
Secretary shall submit to the Committee on Vet-
erans’ Affairs of the Senate and the Committee on 
Veterans’ Affairs of the House of Representatives 
notice of such determination. 
(b) DEPARTMENT OF VETERANS AFFAIRS PROGRAM 
ON FULLY DEVELOPED APPEALS.— 
(1) IN GENERAL.—The Secretary of Veterans 
Affairs may, under subsection (a)(1), carry out a 
program to provide the option of an alternative ap-
peals process that shall more quickly determine such 
appeals in accordance with this subsection. 
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(2) ELECTION.— 
(A) FILING.—In accordance with subpara-
graph (B), a claimant may elect to file a fully 
developed appeal under the program by filing 
with the Secretary all of the following: 
(i) The notice of disagreement under 
chapter 71 of title 38, United States Code, 
along with the written election of the 
claimant to have the appeal determined 
under the program. 
(ii) All evidence that the claimant be-
lieves is needed for the appeal as of the 
date of the filing. 
(iii) A statement of the argument in 
support of the claim, if any. 
(B) TIMING.—A claimant shall make an 
election under subparagraph (A) as part of the 
notice of disagreement filed by the claimant in 
accordance with subparagraph (A)(i). 
(C) TRIAGE.—The Secretary shall, upon 
expiration of the period specified in paragraph 
(3)(C)(iii), ensure that an assessment is under-
taken of whether an appeal filed under subpara-
graph (A) of this paragraph satisfies the re-
quirements for appeal under the program and 
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provide appropriate notification to the claimant 
of the results of that assessment. 
(D) REVERSION.— 
(i) ELECTED
REVERSION.—At any 
time, a claimant who makes an election 
under subparagraph (A) may elect to re-
vert to the standard appeals process. Such 
a reversion shall be final. 
(ii) 
AUTOMATIC
REVERSION.—A 
claimant described in clause (i), or a claim-
ant who makes an election under subpara-
graph (A) but is later determined to be in-
eligible for the program under paragraph 
(1), shall revert to the standard appeals 
process without any penalty to the claim-
ant other than the loss of the docket num-
ber associated with the fully developed ap-
peal. 
(E) OUTREACH.—In providing claimants 
with notices of the determination of a claim 
during the period in which the program under 
paragraph (1) is carried out, the Secretary shall 
conduct outreach as follows: 
(i) The Secretary shall provide to the 
claimant (and to the representative of 
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record of the claimant, if any) information 
regarding— 
(I) the program, including the 
advantages and disadvantages of the 
program; 
(II) how to make an election 
under subparagraph (A); 
(III) the limitation on the use of 
new evidence described in subpara-
graph (C) of paragraph (3) and the 
development of information under 
subparagraph (D) of such paragraph; 
(IV) the ability of the claimant to 
seek advice and education regarding 
such process from veterans service or-
ganizations, attorneys, and claims 
agents recognized under chapter 59 of 
title 38, United States Code; and 
(V) 
the 
circumstances 
under 
which the appeal will automatically re-
vert to the standard appeals process, 
including by making a request for a 
hearing. 
(ii) The Secretary shall collaborate, 
partner with, and give weight to the advice 
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of the three veterans service organizations 
with the most members and such other 
stakeholders as the Secretary considers ap-
propriate to publish on the Internet 
website of the Department of Veterans Af-
fairs an online tutorial explaining the ad-
vantages and disadvantages of the pro-
gram. 
(3) 
TREATMENT
BY
DEPARTMENT
AND 
BOARD.— 
(A) PROCESS.—Upon the election of a 
claimant to file a fully developed appeal pursu-
ant to paragraph (2)(A), the Secretary shall— 
(i) not provide the claimant with a 
statement of the case nor require the 
claimant to file a substantive appeal; and 
(ii) transfer jurisdiction over the fully 
developed appeal directly to the Board of 
Veterans’ Appeals. 
(B) DOCKET.— 
(i) IN GENERAL.—The Board of Vet-
erans’ Appeals shall— 
(I) maintain fully developed ap-
peals on a separate docket than 
standard appeals; 
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(II) decide fully developed ap-
peals in the order that the fully devel-
oped appeals are received on the fully 
developed appeal docket; 
(III) except as provided by clause 
(ii), decide not more than one fully 
developed appeal for each four stand-
ard appeals decided; and 
(IV) to the extent practicable, de-
cide each fully developed appeal by 
the date that is one year following the 
date on which the claimant files the 
notice of disagreement. 
(ii) 
ADJUSTMENT.—Beginning 
one 
year after the date on which the program 
commences, the Board may adjust the 
number of standard appeals decided for 
each fully developed appeal under clause 
(i)(III) if the Board determines that such 
adjustment is fair for both standard ap-
peals and fully developed appeals. 
(C) LIMITATION
ON
USE
OF
NEW
EVI-
DENCE.— 
(i) IN GENERAL.—Except as provided 
by clauses (ii) and (iii)— 
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(I) a claimant may not submit or 
identify to the Board of Veterans’ Ap-
peals any new evidence relating to a 
fully developed appeal after filing such 
appeal unless the claimant reverts to 
the standard appeals process pursuant 
to paragraph (2)(D); and 
(II) if a claimant submits or 
identifies any such new evidence, such 
submission or identification shall be 
deemed to be an election to make such 
a reversion pursuant to paragraph 
(2)(D). 
(ii) 
EVIDENCE
GATHERED
BY 
BOARD.—Clause (i) shall not apply to evi-
dence developed pursuant to subpara-
graphs (D) and (E). The Board shall con-
sider such evidence in the first instance 
without consideration by the Veterans Ben-
efits Administration. 
(iii) REPRESENTATIVE OF RECORD.— 
The representative of record of a claimant 
for appeals purposes, if any, shall be pro-
vided an opportunity to review the fully de-
veloped appeal of the claimant and submit 
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any additional arguments or evidence that 
the representative determines necessary 
during a period specified by the Board for 
purposes of this subparagraph. 
(D) PROHIBITION ON REMAND FOR ADDI-
TIONAL DEVELOPMENT.—If the Board of Vet-
erans’ Appeals determines that a fully devel-
oped appeal requires Federal records, inde-
pendent medical opinions, or new medical ex-
aminations, the Board shall— 
(i) in accordance with subparagraph 
(E), take such actions as may be necessary 
to develop such records, opinions, or ex-
aminations in accordance with section 
5103A of title 38, United States Code; 
(ii) retain jurisdiction of the fully de-
veloped appeal without requiring a deter-
mination by the Veterans Benefits Admin-
istration based on such records, opinions, 
or examinations; 
(iii) ensure the claimant, and the rep-
resentative of record of a claimant, if any, 
receives a copy of such records, opinions, 
or examinations; and 
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(iv) provide the claimant a period of 
90 days after the date of mailing such 
records, opinions, or examinations during 
which the claimant may provide the Board 
any additional evidence without requiring 
the claimant to make a reversion pursuant 
to paragraph (2)(D). 
(E) DEVELOPMENT UNIT.— 
(i) ESTABLISHMENT.—The Board of 
Veterans’ Appeals shall establish an office 
to develop Federal records, independent 
medical opinions, and new medical exami-
nations pursuant to subparagraph (D)(i) 
that the Board determines necessary to de-
cide a fully developed appeal. 
(ii) REQUIREMENTS.—The Secretary 
shall— 
(I) ensure that the Veterans Ben-
efits Administration cooperates with 
the Board of Veterans’ Appeals in 
carrying out clause (i); and 
(II) transfer employees of the 
Veterans 
Benefits 
Administration 
who, prior to the enactment of this 
Act, were responsible for processing 
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claims remanded by the Board of Vet-
erans’ Appeals to positions within the 
office of the Board established under 
clause (i) in a number the Secretary 
determines sufficient to carry out 
such subparagraph. 
(F) HEARINGS.—Notwithstanding section 
7107 of title 38, United States Code, the Sec-
retary may not provide hearings with respect to 
fully developed appeals under the program. If a 
claimant requests to hold a hearing pursuant to 
such section 7107, such request shall be deemed 
to be an election to revert to the standard ap-
peals process pursuant to paragraph (2)(E). 
(4) DURATION; APPLICABILITY.— 
(A) DURATION.—Subject to subsection (c), 
the Secretary may carry out the program dur-
ing such period as the Secretary considers ap-
propriate. 
(B) APPLICABILITY.—This section shall 
apply only to fully developed appeals that are 
filed during the period in which the program is 
carried out pursuant to subparagraph (A). 
(5) DEFINITIONS.—In this subsection: 
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(A) COMPENSATION.—The term ‘‘com-
pensation’’ has the meaning given that term in 
section 101 of title 38, United States Code. 
(B) FULLY
DEVELOPED
APPEAL.—The 
term ‘‘fully developed appeal’’ means an appeal 
of a claim for disability compensation that is— 
(i) filed by a claimant in accordance 
with paragraph (2)(A); and 
(ii) considered in accordance with this 
subsection. 
(C) 
STANDARD
APPEAL.—The 
term 
‘‘standard appeal’’ means an appeal of a claim 
for disability compensation that is not a fully 
developed appeal. 
(c) TERMINATION.—The Secretary may not carry out 
any program under this section after the date on the which 
the Secretary implements the modernized appeals system. 
SEC. 5. PERIODIC PUBLICATION OF METRICS RELATING TO 
PROCESSING OF APPEALS BY DEPARTMENT 
OF VETERANS AFFAIRS. 
On the first business day of each month the Secretary 
of Veterans Affairs shall publish on an internet website 
of the Department of Veterans Affairs the following: 
(1) As applicable, with respect to the processing 
by the Secretary of appeals under the modernized 
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appeals system of decisions regarding claims for ben-
efits under laws administered by the Secretary: 
(A) For the Veterans Benefits Administra-
tion, the number of— 
(i) supplemental claims under section 
5108 of title 38, United States Code, as 
amended by section 2(i), that are pending; 
and 
(ii) requests for higher level review 
under section 5104B of such title, as 
added by section 2(g), that are pending. 
(B) The number of appeals on any docket 
maintained under section 7107 of such title, as 
amended by section 2(t), that are pending. 
(C) The average duration for processing 
claims and supplemental claims, disaggregated 
by regional office. 
(D) The average duration for processing 
requests for higher level review under section 
5104B of such title, as added by section 2(g), 
disaggregated by regional office. 
(E) The average number of days that ap-
peals are pending on the non-hearing, no-addi-
tional evidence option docket of the Board of 
Veterans’ Appeals maintained pursuant to sec-
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tion 7107 of such title, as amended by section 
2(t), and any other docket maintained by the 
Board under such section that prohibits the 
submittal of additional evidence. 
(F) The average number of days that ap-
peals are pending on dockets maintained under 
such section in which hearings are requested or 
submittal of additional evidence is allowed. 
(G) The average number of days that an 
appeal is pending on any other docket main-
tained by the Board under such section. 
(H) In the case that the Secretary develops 
and implements a policy under section 7107(e) 
of such title, as amended by section 2(t)— 
(i) the number of cases moved from 
one docket to another pursuant to such 
policy; 
(ii) the average time cases were pend-
ing prior to moving from one docket to an-
other; and 
(iii) the average time to adjudicate the 
cases after so moving. 
(I) The total number of remands to obtain 
advisory 
medical 
opinions 
under 
section 
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5109(d) of title 38, United States Code, as 
added by section 2(i)(1). 
(J) The average number of days between 
the date on which the Board remands a claim 
to obtain an advisory medical opinion under 
section 5109(d) of such title, as so added, and 
the date on which the advisory medical opinion 
is obtained. 
(K) The average number of days between 
the date on which the Board remands a claim 
to obtain an advisory medical opinion under 
section 5109(d) of such title, as so added, and 
the date on which the agency of original juris-
diction issues a decision taking that advisory 
opinion into account. 
(L) The number of appeals that are grant-
ed, the number of appeals that are remanded, 
and the number of appeals that are denied by 
the Board disaggregated by docket. 
(M) The number of claimants each year 
that take action within the period set forth in 
section 5110(a)(2) of such title, as added by 
section 2(l), to protect their effective date under 
such section 5110(a)(2), disaggregated by the 
status of the claimants taking the actions, such 
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as whether the claimant is represented by a vet-
erans service organization, the claimant is rep-
resented by an attorney or accredited agent, or 
the claimant is taking such action pro se. 
(N) The total number of times on average 
each claimant files under section 5110(a)(2) of 
such title, as so added, to protect their effective 
date under such section, disaggregated by the 
subparagraph of such section under which they 
file. 
(O) The average duration, from the filing 
of an initial claim until the claim is resolved 
and claimants no longer take any action to pro-
tect 
their 
effective 
date 
under 
section 
5110(a)(2) of such title, as so added— 
(i) of claims under the modernized ap-
peals system, excluding legacy claims that 
opt in to the modernized appeals system; 
and 
(ii) of legacy claims that opt in to the 
modernized appeals system. 
(P) How frequently an action taken within 
one year to protect an effective date under sec-
tion 5110(a)(2) of such title, as so added, leads 
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to additional grant of benefits, disaggregated by 
action taken. 
(Q) The average of how long it takes to 
complete each segment of the claims process 
while claimants are protecting the effective date 
under such section, disaggregated by the time 
waiting for the claimant to take an action and 
the time waiting for the Secretary to take an 
action. 
(R) The number and the average amount 
of retroactive awards of benefits from the Sec-
retary as a result of protected effective dates 
under such section, disaggregated by action 
taken. 
(S) The average number of times claim-
ants submit to the Secretary different claims 
with respect to same condition, such as an ini-
tial claim and a supplemental claim. 
(T) The number of cases each year in 
which a claimant inappropriately tried to take 
simultaneous actions, such as filing a supple-
mental claim while a higher level review is 
pending, what actions the Secretary took in re-
sponse, and how long it took on average to take 
those actions. 
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(U) In the case that the Secretary develops 
and 
implements 
a 
policy 
under 
section 
5104C(a)(2)(D) of such title, as amended by 
section 2(h)(1), the number of actions with-
drawn and new actions taken pursuant to such 
policy. 
(V) The number of times the Secretary re-
ceived evidence relating to an appeal or higher 
level review at a time not authorized under the 
modernized appeals system, disaggregated by 
actions taken by the Secretary to deal with the 
evidence and how long on average it took to 
take those actions. 
(W) The number of errors committed by 
the Secretary in carrying out the Secretary’s 
duty to assist under section 5103A of title 38, 
United States Code, that were identified by 
higher 
level 
review 
and 
by 
the 
Board, 
disaggregated by type of error, such as errors 
relating to private records and inadequate ex-
aminations, and a comparison with errors com-
mitted by the Secretary in carrying out such 
duty with respect to appeals of decisions on leg-
acy claims. 
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(X) An assessment of the productivity of 
employees at the regional offices and at the 
Board, disaggregated by level of experience of 
the employees. 
(2) With respect to the processing by the Sec-
retary of appeals of decisions on legacy claims, the 
following: 
(A) The average duration of each segment 
of the appeals process, disaggregated by periods 
in which the Secretary is waiting for a claimant 
to take an action and periods in which the 
claimant is waiting for the Secretary to take an 
action. 
(B) The frequency by which appeals lead 
to additional grant of benefits by the Secretary, 
disaggregated by whether the additional bene-
fits are a result of additional evidence added 
after the initial decision. 
(C) The number and average amount of 
retroactive awards of benefits resulting from an 
appeal. 
(D) The average duration from filing the 
appeal with the Secretary until all appeals and 
remands relating to such are completed. 
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