115TH CONGRESS 
1ST SESSION H. R. 2288 
AN ACT 
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,
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’’;
(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:
‘‘(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
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.
‘‘(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
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 1 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
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 1 YEAR OF DECISION.—(1) Subject to 
paragraph (2), in any case in which the Secretary renders 
a decision on a claim, the claimant may take any of the 
following actions on or before the date that is 1 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
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 different issues 
contained within 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 1 YEAR AFTER DECISION.—In any 
case in which the Secretary renders a decision on a claim
and more than 1 year has passed since the date on which 
the agency of original jurisdiction issues a decision with 
respect to that claim, the claimant may file a supplemental 
claim under section 5108 of this title. 
‘‘(c) BOARD OF VETERANS’ APPEALS AND COURT OF 
APPEALS FOR VETERANS CLAIMS.—Nothing in subsection 
(a) or (b) may be construed to limit the options available 
to a claimant pursuant to chapter 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 after 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.’’. 
(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— 
(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 1 year after the date on which the agency of origi-
nal jurisdiction issues a decision. 
‘‘(B) A supplemental claim under section 5108 
of this title on or before the date that is 1 year after 
the date on which the agency of original jurisdiction 
issues a decision.
‘‘(C) A notice of disagreement on or before the 
date that is 1 year after the date on which the agen-
cy of original jurisdiction issues a decision. 
‘‘(D) A supplemental claim under section 5108 
of this title on or before the date that is 1 year after 
the date on which the Board of Veterans’ Appeals 
issues a decision. 
‘‘(E) A supplemental claim under section 5108 
of this title on or before the date that is 1 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 1 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 
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-
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 
1 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. 
‘‘(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.’’; 
(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 30 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.— 
(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. 
‘‘(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) 
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— 
‘‘(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.— 
(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 
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-
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— 
‘‘(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— 
(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. 
(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-
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 
(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. 
(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 nonlegacy 
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-
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 
(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— 
(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 retraining 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 
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 1-year period beginning on the date of 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. 
(18) A detailed description of which employees 
of the Department will conduct higher level reviews 
under section 5104B of title 38, United States Code, 
as added by section 2(g). 
(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-
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 General 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 7-year period following such date of implemen-
tation, 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, the following: 
(1) Any updates to the plan under subsection 
(a). 
(2) As applicable, the number of appeals con-
sidered under the modernized appeals system, in-
cluding— 
(A) the number of such appeals, both with 
respect to pending appeals and completed ap-
peals, under each docket described in section 
7107 of title 38, United States Code, as amend-
ed by section 2; 
(B) the average wait time for each such 
docket and the extent to which such wait times 
compare with the established goals of the Sec-
retary for such wait times; and 
(C) the average age of such appeals. 
(3) The number of appeals considered with re-
spect to legacy claims, including—
(A) the number of pending appeals and the 
number of completed appeals; 
(B) the average wait time and the extent 
to which such wait times compare with the es-
tablished goals of the Secretary for such wait 
times; and 
(C) the average age of such appeals. 
(4) The efficacy of the information systems of 
the Department of Veterans Affairs to implement 
the modernized appeals system. 
(5) With respect to the Veterans Benefits Ad-
ministration and the Board of Veterans’ Appeals— 
(A) the number of supplemental claims 
under section 5108 of such title, as added by 
section 2(i), that were denied because the sup-
plemental claims did not include new and rel-
evant evidence; 
(B) the number of higher level reviews 
filed under section 5104B of such title, as 
added by section 2(g), that did not include new 
and relevant evidence, listed by the disposition 
of the higher level review; and 
(C) the number of appeals filed that did 
not include new and relevant evidence, listed by 
each docket described in section 7107 of such
title, as amended by section 2, and the deter-
mination of the Board. 
(6) With respect to any average wait time relat-
ing to appeals not otherwise specified in this sub-
section— 
(A) whether the Secretary is meeting any 
established wait-time goals of the Secretary; 
and 
(B) if so, the percentage of appeals meet-
ing such goals. 
(7) An identification of any changes that are 
necessary to improve the modernized appeals system. 
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-
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. 
(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 
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 
record of the claimant, if any) information 
regarding— 
(I) the program, including the 
advantages and disadvantages of the 
program;