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
PL 115-55 (H.R.2288), enacted 08/23/2017

131 STAT. 1105 
PUBLIC LAW 115–55—AUG. 23, 2017 
Public Law 115–55 
115th Congress 
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 Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Appeals Improvement 
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 following new paragraphs: 
‘‘(34) The term ‘agency of original jurisdiction’ means the 
activity which entered the original determination with regard 
to a claim for benefits under laws administered by the Sec-
retary. 
‘‘(35) The term ‘relevant evidence’ means evidence that 
tends to prove or disprove a matter in issue. 
‘‘(36) The term ‘supplemental claim’ means a claim for 
benefits under laws administered by the Secretary 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 paragraph (1) 
shall not apply with respect to a supplemental claim that is filed 
within the timeframe set forth in subparagraphs (B) and (D) of 
section 5110(a)(2) of this title.’’. 
(c) MODIFICATION OF RULE REGARDING DISALLOWED CLAIMS.— 
Section 5103A(f) of such title is amended— 
(1) by striking ‘‘reopen’’ and inserting ‘‘readjudicate’’; and 
(2) by striking ‘‘material’’ and inserting ‘‘relevant’’. 
(d) MODIFICATION
OF DUTY
TO ASSIST CLAIMANTS.—Section 
5103A of such title is amended— 
Veterans Appeals 
Improvement 
and 
Modernization 
Act of 2017. 
38 USC 101 note. 
Aug. 23, 2017 
[H.R. 2288] 
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131 STAT. 1106 
PUBLIC LAW 115–55—AUG. 23, 2017 
(1) by redesignating subsections (e) through (g) as sub-
sections (g) through (i), respectively; and 
(2) by inserting after subsection (d) the following new sub-
sections: 
‘‘(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 jurisdiction’s decision with respect to 
such claim, or supplemental 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 jurisdic-
tion, 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, unless 
the Secretary may award the maximum benefit in accordance with 
this title based on the evidence of record, the higher-level adjudi-
cator shall return the claim for correction of such error and readjudi-
cation. 
‘‘(2)(A) If the Board of Veterans’ Appeals, during review on 
appeal of an agency of original jurisdiction decision, 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 Secretary may award the maximum benefit in accordance with 
this title based on the evidence of record, 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 include 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.—Subsection (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 regulations. 
‘‘(4) Identification of findings favorable to the claimant. 
‘‘(5) In the case of a denial, identification of elements not 
satisfied leading to the denial. 
‘‘(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.— 
Criteria. 
Summary. 
Summary. 
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131 STAT. 1107 
PUBLIC LAW 115–55—AUG. 23, 2017 
(1) IN GENERAL.—Chapter 51 of such title is amended by 
inserting after section 5104 the following 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 adjudica-
tors within the Department, unless clear and convincing evidence 
is shown to the contrary to rebut such favorable finding.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 51 of such title is amended by inserting 
after the item relating to section 5104 the following new item: 
‘‘5104A. Binding nature of favorable findings.’’. 
(g) HIGHER-LEVEL REVIEW BY AGENCY OF ORIGINAL JURISDIC-
TION.— 
(1) IN GENERAL.—Chapter 51 of such title, as amended 
by subsection (f), is further amended by inserting after section 
5104A, as added by such subsection, the following new section: 
‘‘§ 5104B. Higher-level review by the agency of original juris-
diction 
‘‘(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 review under 
paragraph (1). 
‘‘(b) TIME AND MANNER OF REQUEST.—(1) A request for higher- 
level review by the agency of original jurisdiction 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 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 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 decision under 
this section shall be provided in writing and shall include a general 
statement— 
‘‘(1) reflecting whether evidence was not considered pursu-
ant to subsection (d); and 
‘‘(2) noting the options available to the claimant to have 
the evidence described in paragraph (1), if any, considered 
by the Department. 
‘‘(d) EVIDENTIARY RECORD FOR REVIEW.—The evidentiary 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 adjudicator within the 
agency of original jurisdiction shall be de novo.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 51 of such title, as amended by subsection 
(f), is further amended by inserting after the item relating 
38 USC 
prec. 5100. 
Notice. 
Deadline. 
Approval. 
38 USC 5104B. 
38 USC 
prec. 5100. 
38 USC 5104A. 
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131 STAT. 1108 
PUBLIC LAW 115–55—AUG. 23, 2017 
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 subsection, 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 renders 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 section 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 the same claim or same issue contained 
within the claim until— 
‘‘(i) the higher-level review, supplemental claim, or notice 
of disagreement is adjudicated; or 
‘‘(ii) the request for higher-level review, supplemental 
claim, or notice of disagreement is withdrawn. 
‘‘(B) Nothing in this subsection shall prohibit a claimant from 
taking any of the actions set forth in paragraph (1) in succession 
with respect to a claim or an issue contained within the claim. 
‘‘(C) Nothing in this subsection shall prohibit a claimant from 
taking different actions set forth in paragraph (1) with respect 
to different claims or different issues contained within a claim. 
‘‘(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 adju-
dicated; and 
‘‘(iii) in lieu of such action take a different action 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 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.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 51 of such title, as amended by subsection 
(g), is further amended by inserting after the item relating 
38 USC 
prec. 5100. 
Time periods. 
38 USC 5104C. 
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131 STAT. 1109 
PUBLIC LAW 115–55—AUG. 23, 2017 
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 
‘‘(a) IN GENERAL.—If new and relevant evidence is presented 
or secured with respect to a supplemental claim, the Secretary 
shall readjudicate the claim taking into consideration all of the 
evidence of record. 
‘‘(b) DUTY TO ASSIST.—(1) If a claimant, in connection with 
a supplemental claim, reasonably identifies existing records, 
whether or not in the custody of a Federal department or agency, 
the Secretary shall assist the claimant in obtaining the records 
in accordance with section 5103A of this title. 
‘‘(2) Assistance under paragraph (1) shall not be predicated 
upon a finding that new and relevant evidence has been presented 
or secured.’’. 
(2) RULE OF CONSTRUCTION.—Section 5108 of such title, 
as amended by paragraph (1), shall not be construed to impose 
a higher evidentiary threshold than the new and material evi-
dence standard that was in effect pursuant to such section 
on the day before the date of the enactment of this Act. 
(3) CLERICAL AMENDMENT.—The table of sections 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 OPINION.—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 obtain an advisory 
medical opinion from an independent medical expert under this 
section if the Board finds that the Veterans Benefits Administration 
should have exercised its discretion to obtain such an opinion. 
‘‘(2) The Board’s remand instructions shall include the questions 
to be posed to the independent medical expert providing the 
advisory medical opinion.’’. 
(k) RESTATEMENT OF REQUIREMENT FOR EXPEDITED TREATMENT 
OF RETURNED AND REMANDED CLAIMS.— 
(1) IN GENERAL.—Section 5109B of such title is amended 
to read as follows: 
‘‘§ 5109B. Expedited treatment of returned and 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 returned by a higher-level 
adjudicator under section 5104B of this title or remanded by the 
Board of Veterans’ Appeals.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 51 of such title is amended by striking 
38 USC 
prec. 5100. 
38 USC 
prec. 5100. 
38 USC 5108 
note. 
38 USC 5108. 
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131 STAT. 1110 
PUBLIC LAW 115–55—AUG. 23, 2017 
the item relating to section 5109B and inserting the following 
new item: 
‘‘5109B. Expedited treatment of returned and remanded claims.’’. 
(l) EFFECTIVE DATES OF AWARDS.—Section 5110 of title 38, 
United States Code, is amended— 
(1) by amending subsection (a) to read as follows: 
‘‘(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, dependency 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 application 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 deci-
sion. 
‘‘(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 jurisdiction 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. 
‘‘(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’ Appeals 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 supple-
mental 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 decision, 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 ‘‘readjudi-
cated’’; 
(B) by striking ‘‘material’’ and inserting ‘‘relevant’’; and 
(C) by striking ‘‘reopening’’ and inserting ‘‘readjudica-
tion’’. 
(m) DEFINITION OF AWARD OR INCREASED AWARD FOR PURPOSES 
OF PROVISIONS RELATING TO COMMENCEMENT OF PERIOD OF PAY-
MENT.—Section 5111(d)(1) of such title is amended by striking ‘‘or 
reopened award’’ and inserting ‘‘award or award based on a supple-
mental claim’’. 
(n) MODIFICATION
OF LIMITATION
ON FEES ALLOWABLE
FOR 
REPRESENTATION.—Section 5904(c) of such title is amended, in para-
graphs (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’’. 
Notice. 
Determination. 
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131 STAT. 1111 
PUBLIC LAW 115–55—AUG. 23, 2017 
(o) CLARIFICATION OF BOARD OF VETERANS’ APPEALS 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 READJUDICATION.— 
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 disagreement in the form prescribed 
by the Secretary.’’; 
(B) by amending subsection (b) to read as follows: 
‘‘(b)(1)(A) Except in the case of simultaneously contested claims, 
a notice of disagreement shall be filed within one year from the 
date of the mailing of notice of the decision of the agency of 
original jurisdiction pursuant to section 5104, 5104B, or 5108 of 
this title. 
‘‘(B) A notice of disagreement postmarked before the expiration 
of the one-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 representative, attorney, or authorized agent as 
may be selected by the claimant or legal guardian. 
‘‘(B) Not more than one recognized organization, attorney, 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 whether the 
claimant requests— 
‘‘(A) a hearing before the Board, which shall include an 
opportunity to submit evidence in accordance with section 
7113(b) of this title; 
‘‘(B) an opportunity to submit additional evidence 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 sub-
mittal of additional evidence. 
‘‘(4) The Secretary shall develop a policy to permit a claimant 
to modify the information identified in the notice of disagreement 
after the notice of disagreement has been filed under this section 
pursuant to such requirements as the Secretary may prescribe.’’; 
(C) by amending subsection (c) to read as follows: 
‘‘(c) If no notice of disagreement is filed in accordance 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— 
Policy. 
Review. 
Hearing. 
Time period. 
Notices. 
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131 STAT. 1112 
PUBLIC LAW 115–55—AUG. 23, 2017 
‘‘(1) in the case of a readjudication or allowance pursuant 
to a higher-level review that was requested in accordance with 
section 5104B of this title; 
‘‘(2) as may otherwise be provided by section 5108 of this 
title; or 
‘‘(3) as may otherwise be provided in such regulations as 
are consistent with this title.’’; 
(D) by striking subsection (d) and inserting the fol-
lowing new subsection (d): 
‘‘(d) The Board may dismiss any appeal which fails to identify 
the specific determination with which the claimant disagrees.’’; 
(E) by striking subsection (e); and 
(F) in the section heading, by striking ‘‘notice of dis-
agreement and’’. 
(2) CLERICAL AMENDMENT.—The table of sections 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 REQUIREMENTS
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 interest 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.— 
(1) IN GENERAL.—Chapter 71 of such title is amended by 
striking section 7106. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 71 of such title is amended by striking 
the item relating to section 7106. 
(t) 
MODIFICATIONS
RELATING
TO
APPEALS: 
DOCKETS; 
HEARINGS.—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 maintained under 
paragraph (1) such cases as the Board considers 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 paragraph are the following: 
‘‘(i) Cases in which no Board hearing is requested. 
‘‘(ii) Cases in which a Board hearing is requested in the 
notice of disagreement. 
Notification. 
38 USC 
prec. 7101. 
Time period. 
Notices. 
38 USC 
prec. 7101. 
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131 STAT. 1113 
PUBLIC LAW 115–55—AUG. 23, 2017 
‘‘(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 subsection (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 
A DOCKET THAT MAY INCLUDE A HEARING.—(1) For cases on a 
docket maintained by the Board under subsection (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 facility 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 request a hearing as described 
in subparagraph (B) of such paragraph. If so requested, the Board 
shall grant such request. 
‘‘(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 paragraph. 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 development, of a record 
found to be inadequate for decisional purposes. 
‘‘(e) POLICY
ON
CHANGING
DOCKETS.—The Secretary shall 
develop and implement a policy allowing an appellant to move 
the appellant’s case from one docket to another docket.’’. 
(u) REPEAL OF CERTAIN AUTHORITY FOR INDEPENDENT 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 sections 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’’. 
38 USC 
prec. 7101. 
38 USC 7109. 
Notification. 
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131 STAT. 1114 
PUBLIC LAW 115–55—AUG. 23, 2017 
(w) EVIDENTIARY
RECORD
BEFORE
BOARD
OF
VETERANS’ 
APPEALS.— 
(1) IN GENERAL.—Chapter 71 of such title is amended by 
adding at the end the following new section: 
‘‘§ 7113. Evidentiary record before the Board of Veterans’ 
Appeals 
‘‘(a) CASES WITH NO REQUEST FOR A HEARING OR ADDITIONAL 
EVIDENCE.—For cases in which a hearing before the Board of Vet-
erans’ 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 A 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 instance: 
‘‘(A) Evidence submitted by the appellant and his or her 
representative, if any, at the Board hearing. 
‘‘(B) Evidence submitted by the appellant and his or her 
representative, 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) Except 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 evidentiary 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 instance: 
‘‘(A) Evidence submitted by the appellant and his or her 
representative, if any, with the notice of disagreement. 
‘‘(B) Evidence submitted by the appellant and his or her 
representative, if any, within 90 days following receipt of the 
notice of disagreement.’’. 
(2) NOTIFICATION WHEN EVIDENCE NOT CONSIDERED.—Sec-
tion 7104(d) of such title is amended— 
(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 permitted under section 7113 of this 
title; and 
‘‘(B) noting such options as may be available for having 
the evidence considered by the Department; and’’. 
Deadline. 
Deadline. 
38 USC 7113. 
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131 STAT. 1115 
PUBLIC LAW 115–55—AUG. 23, 2017 
(3) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 71 of such title is amended by inserting 
after the item relating to section 7112 the following new item: 
‘‘7113. Evidentiary record before the Board of Veterans’ Appeals.’’. 
(x) APPLICABILITY.— 
(1) IN GENERAL.—Except as otherwise provided in this sub-
section, 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 Veterans 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 submits to the appro-
priate committees of Congress— 
(i) a certification that the Secretary confirms, with-
out delegation, that the Department of Veterans Affairs 
has the resources, personnel, office space, procedures, 
and information technology required— 
(I) to carry out the new appeals system; 
(II) to timely address appeals under the new 
appeals system; and 
(III) to timely address appeals of decisions 
on legacy claims; and 
(ii) a summary of the expectations for performance 
outcomes that the Secretary used in making the certifi-
cation under clause (i)(III) and a comparison of such 
expected performance outcomes with actual perform-
ance outcomes with respect to appeals of legacy claims 
before the effective date of the new appeals system. 
(2) COLLABORATION.—In determining whether and when 
to make a certification under paragraph (1)(B), the Secretary 
shall collaborate with, partner with, and give weight to the 
advice of veterans service organizations and such other stake-
holders as the Secretary considers appropriate. 
(3) EARLY APPLICABILITY.—The Secretary may apply the 
new appeals system to a claim with respect to which the claim-
ant— 
(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 applicability date set forth in paragraph 
(1); and 
(B) elects to subject the claim to the new appeals 
system. 
(4) 
PHASED
ROLLOUT.—The 
Secretary 
may 
begin 
implementation of the new appeals system in phases, with 
the first phase of such phased implementation beginning on 
the applicability date set forth in paragraph (1). 
(5) TREATMENT OF LEGACY CLAIMS.—With respect to legacy 
claims, upon the issuance to a claimant of a statement of 
the case or supplemental statement of the case occurring on 
or after the applicability date specified in paragraph (1), a 
claimant may elect to participate in the new appeals system. 
(6) PUBLICATION OF APPLICABILITY DATE.—Not later than 
the date on which the new appeals system goes into effect 
(or the first phase of the new appeals system goes into effect 
Deadline. 
Federal Register, 
publication. 
Effective date. 
Notice. 
Summary. 
Certification. 
Effective dates. 
Time period. 
38 USC 101 note. 
38 USC 
prec. 7101. 
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131 STAT. 1116 
PUBLIC LAW 115–55—AUG. 23, 2017 
under paragraph (4), as the case may be), the Secretary shall 
publish in the Federal Register such date. 
(7) DEFINITIONS.—In this subsection: 
(A) APPROPRIATE COMMITTEES OF CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(i) the Committee on Veterans’ Affairs and the 
Committee on Appropriations of the Senate; and 
(ii) the Committee on Veterans’ Affairs and the 
Committee on Appropriations of the House of Rep-
resentatives. 
(B) VETERANS SERVICE ORGANIZATION.—The term ‘‘vet-
erans service organization’’ means any organization recog-
nized by the Secretary for the representation of veterans 
under section 5902 of title 38, United States Code. 
(y) RULE OF CONSTRUCTION.—Nothing in this section or any 
of the amendments made by this section shall be construed to 
limit the ability of a claimant to request a revision of a decision 
under section 5109A or 7111 of title 38, United States Code. 
SEC. 3. COMPREHENSIVE PLAN FOR PROCESSING OF LEGACY APPEALS 
AND IMPLEMENTING NEW 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 appropriate committees of Congress and the 
Comptroller General of the United States a comprehensive plan 
for— 
(1) the processing of appeals of decisions on legacy claims 
that the Secretary considers pending; 
(2) implementing the new appeals system; 
(3) timely processing, under the new appeals system, of— 
(A) supplemental claims under section 5108 of title 
38, United States Code, as amended 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); and 
(4) monitoring the implementation of the new appeals 
system, including metrics and goals— 
(A) to track the progress of the implementation; 
(B) to evaluate the efficiency and effectiveness of the 
implementation; and 
(C) to identify potential issues relating to the 
implementation. 
(b) ELEMENTS.—The plan required by subsection (a) shall 
include, at a minimum, the following: 
(1) Delineation of the total resource requirements of the 
Veterans Benefits Administration and the Board of Veterans’ 
Appeals, disaggregated by resources required to implement and 
administer the new appeals system and resources required 
to address the appeals of decisions on legacy claims. 
(2) 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 
Deadline. 
38 USC 101 note. 
38 USC 101 note. 
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131 STAT. 1117 
PUBLIC LAW 115–55—AUG. 23, 2017 
(ii) appeals of decisions on non-legacy claims under 
the new appeals system; and 
(B) the period during which the Administration and 
the Board are no longer processing any appeals of decisions 
on legacy claims. 
(3) Identification of the legal authorities under which the 
Administration or the Board may— 
(A) hire additional employees to conduct the concurrent 
processing described in paragraph (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. 
(4) An estimate of the amount of time the Administration 
and the Board will require to hire additional employees as 
described in paragraph (3)(A) once funding has been made 
available for such purpose, including a comparison of such 
estimate and the historical average time required by the 
Administration and the Board to hire additional employees. 
(5) A description of the amount of training and experience 
that will be required of individuals conducting higher-level 
reviews under section 5104B of title 38, United States Code, 
as added by section 2(g). 
(6) An estimate of the percentage of higher-level adjudica-
tors who will be employees of the Department of Veterans 
Affairs who were Decision Review Officers on the day before 
the new appeals system takes effect or had experience, as 
of such date, comparable to that of one who was a Decision 
Review Officer. 
(7) A description of the functions that will be performed 
after the date on which the new appeals system takes effect 
by Decision Review Officers who were Decision Review Officers 
on the day before the date the new appeals system takes 
effect. 
(8) Identification of and a timeline for— 
(A) any training that may be required as a result 
of hiring new employees to carry out the new 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. 
(9) Identification of the costs to the Department of Veterans 
Affairs of the training identified under paragraph (8) and any 
additional training staff and any additional training facilities 
that will be required to provide such training. 
(10) A description of the modifications to the information 
technology systems of the Administration and the Board that 
the Administration and the Board require to carry out the 
new appeals system, including cost estimates and a timeline 
for making the modifications. 
(11) An estimate of the office space the Administration 
and the Board will require during each of the periods described 
in paragraph (2), including— 
(A) an estimate of the amount of time the Administra-
tion and the Board will require to acquire any additional 
office space to carry out processing of appeals of decisions 
Estimates. 
Estimate. 
Estimate. 
Hiring. 
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131 STAT. 1118 
PUBLIC LAW 115–55—AUG. 23, 2017 
on legacy claims and processing of appeals under the new 
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 accommodate staff 
exceeding available office space, including how the 
Administration and the Board will provide training and 
oversight with respect to such teleworking. 
(12) Projections for the productivity of individual employees 
at the Administration and the Board in carrying out tasks 
relating to the processing of appeals of decisions on legacy 
claims and appeals under the new 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). 
(13) An outline of the outreach the Secretary expects to 
conduct to inform veterans, families of veterans, survivors of 
veterans, veterans service organizations, military service 
organizations, congressional caseworkers, advocates for vet-
erans, and such other stakeholders as the Secretary considers 
appropriate about the new appeals system, including— 
(A) a description of the resources required to conduct 
such outreach; and 
(B) timelines for conducting such outreach. 
(14) Timelines for updating any policy guidance, Internet 
websites, and official forms that may be necessary to carry 
out the new appeals system, including— 
(A) identification of which offices and entities will be 
involved in efforts relating to such updating; and 
(B) historical information about how long similar 
update efforts have taken. 
(15) A timeline, including interim milestones, for promul-
gating such regulations as may be necessary to carry out the 
new appeals system and a comparison with historical averages 
for time required to promulgate regulations of similar com-
plexity and scope. 
(16) 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 new 
appeals system. 
(17) A delineation of the key goals and milestones for 
reducing the number of pending appeals that are not processed 
under the new appeals system, including the expected number 
of appeals, remands, and hearing requests at the Administra-
tion and the Board each year, beginning with the one 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. 
(18) 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.— 
Contingency 
plan. 
Telework plan. 
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131 STAT. 1119 
PUBLIC LAW 115–55—AUG. 23, 2017 
(1) IN GENERAL.—Not later than 90 days after the Comp-
troller General of the United States receives the plan required 
by subsection (a), the Comptroller General shall— 
(A) assess such plan; and 
(B) notify the appropriate committees of Congress of 
the findings of the Comptroller General with respect to 
the assessment conducted under subparagraph (A). 
(2) ELEMENTS.—The assessment conducted under para-
graph (1)(A) shall include the following: 
(A) An assessment of whether the plan comports with 
sound planning practices. 
(B) Identification of any gaps in the plan. 
(C) Formulation of such recommendations as the Comp-
troller General considers appropriate. 
(d) PERIODIC PROGRESS REPORTS.—Not later than 90 days after 
the date on which the Secretary submits the plan under subsection 
(a), not less frequently than once every 90 days thereafter until 
the applicability date set forth in section 2(x)(1), and not less 
frequently than once every 180 days thereafter for the seven-year 
period following such applicability date, the Secretary shall submit 
to the appropriate committees of Congress and the Comptroller 
General a report on the progress of the Secretary in carrying 
out the plan and what steps, if any, the Secretary has taken 
to address any recommendations formulated by the Comptroller 
General pursuant to subsection (c)(2)(C). 
(e) PUBLICATION.—The Secretary shall make available to the 
public on an Internet website of the Department of Veterans 
Affairs— 
(1) the plan required by subsection (a); and 
(2) the periodic progress reports required by subsection 
(d). 
(f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Veterans’ Affairs and the Committee 
on Appropriations of the Senate; and 
(2) the Committee on Veterans’ Affairs and the Committee 
on Appropriations of the House of Representatives. 
SEC. 4. PROGRAMS TO TEST ASSUMPTIONS RELIED ON IN DEVELOP-
MENT OF COMPREHENSIVE PLAN FOR PROCESSING OF 
LEGACY APPEALS AND SUPPORTING NEW APPEALS SYSTEM. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—The Secretary of Veterans Affairs may 
carry out such programs as the Secretary considers appropriate 
to test any assumptions relied upon in developing the com-
prehensive plan required by section 3(a) and to test the feasi-
bility and advisability of any facet of the new appeals system. 
(2) REPORTING REQUIRED.—Whenever the Secretary deter-
mines, based on the conduct of a program under paragraph 
(1), that legislative changes to the new appeals system are 
necessary, the Secretary shall submit to the Committee on 
Veterans’ Affairs of the Senate and the Committee on Veterans’ 
Affairs of the House of Representatives notice of such deter-
mination. 
(b) DEPARTMENT OF VETERANS AFFAIRS PROGRAM ON FULLY 
DEVELOPED APPEALS.— 
Determination. 
Notice. 
Public 
information. 
Web posting. 
Assessment. 
Notification. 
Assessment. 
Deadline. 
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131 STAT. 1120 
PUBLIC LAW 115–55—AUG. 23, 2017 
(1) IN GENERAL.—The Secretary of Veterans Affairs may, 
under subsection (a)(1), carry out a program to provide the 
option of an alternative appeals process that shall more quickly 
determine such appeals in accordance with this subsection. 
(2) ELECTION.— 
(A) FILING.—In accordance with subparagraph (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 believes 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 undertaken of whether an appeal filed 
under subparagraph (A) of this paragraph satisfies the 
requirements 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 revert to the standard appeals process. Such 
a reversion shall be final. 
(ii) AUTOMATIC REVERSION.—A claimant described 
in clause (i), or a claimant who makes an election 
under subparagraph (A) but is later determined to 
be ineligible for the program under paragraph (1), shall 
revert to the standard appeals process without any 
penalty to the claimant other than the loss of the 
docket number associated with the fully developed 
appeal. 
(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 Sec-
retary 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; 
(II) how to make an election under subpara-
graph (A); 
(III) the limitation on the use of new evidence 
described in subparagraph (C) of paragraph (3) 
and 
the 
development 
of 
information 
under 
subparagraph (D) of such paragraph; 
Assessment. 
Notification. 
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131 STAT. 1121 
PUBLIC LAW 115–55—AUG. 23, 2017 
(IV) the ability of the claimant to seek advice 
and education regarding such process from vet-
erans service organizations, attorneys, and claims 
agents recognized under chapter 59 of title 38, 
United States Code; and 
(V) the circumstances under which the appeal 
will automatically revert 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 of the three veterans 
service organizations with the most members and such 
other stakeholders as the Secretary considers appro-
priate to publish on the Internet website of the Depart-
ment of Veterans Affairs an online tutorial explaining 
the advantages and disadvantages of the program. 
(3) TREATMENT BY DEPARTMENT AND BOARD.— 
(A) PROCESS.—Upon the election of a claimant to file 
a fully developed appeal pursuant 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 Veterans’ Appeals 
shall— 
(I) maintain fully developed appeals on a sepa-
rate docket than standard appeals; 
(II) decide fully developed appeals in the order 
that the fully developed 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 standard appeals decided; and 
(IV) to the extent practicable, decide 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 appeals and fully developed appeals. 
(C) LIMITATION ON USE OF NEW EVIDENCE.— 
(i) IN GENERAL.—Except as provided by clauses 
(ii) and (iii)— 
(I) a claimant may not submit or identify to 
the Board of Veterans’ Appeals 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 
Effective date. 
Determination. 
Web posting. 
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131 STAT. 1122 
PUBLIC LAW 115–55—AUG. 23, 2017 
(II) if a claimant submits or identifies any 
such new evidence, such submission or identifica-
tion 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 evidence developed pursuant to sub-
paragraphs (D) and (E). The Board shall consider such 
evidence in the first instance without consideration 
by the Veterans Benefits Administration. 
(iii) REPRESENTATIVE OF RECORD.—The representa-
tive of record of a claimant for appeals purposes, if 
any, shall be provided an opportunity to review the 
fully developed appeal of the claimant and submit any 
additional arguments or evidence that the representa-
tive determines necessary during a period specified 
by the Board for purposes of this subparagraph. 
(D) PROHIBITION ON REMAND FOR ADDITIONAL DEVELOP-
MENT.—If the Board of Veterans’ Appeals determines that 
a fully developed appeal requires Federal records, inde-
pendent medical opinions, or new medical examinations, 
the Board shall— 
(i) in accordance with subparagraph (E), take such 
actions as may be necessary to develop such records, 
opinions, or examinations in accordance with section 
5103A of title 38, United States Code; 
(ii) retain jurisdiction of the fully developed appeal 
without requiring a determination by the Veterans 
Benefits Administration based on such records, opin-
ions, or examinations; 
(iii) ensure the claimant, and the representative 
of record of a claimant, if any, receives a copy of 
such records, opinions, or examinations; and 
(iv) provide the claimant a period of 90 days after 
the date of mailing such records, opinions, or examina-
tions 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 med-
ical examinations pursuant to subparagraph (D)(i) that 
the Board determines necessary to decide a fully devel-
oped appeal. 
(ii) REQUIREMENTS.—The Secretary shall— 
(I) ensure that the Veterans Benefits Adminis-
tration cooperates with the Board of Veterans’ 
Appeals in carrying out clause (i); and 
(II) transfer employees of the Veterans Bene-
fits Administration who, prior to the enactment 
of this Act, were responsible for processing claims 
remanded by the Board of Veterans’ Appeals to 
positions within the office of the Board established 
under clause (i) in a number the Secretary deter-
mines sufficient to carry out such subparagraph. 
(F) HEARINGS.—Notwithstanding section 7107 of title 
38, United States Code, the Secretary may not provide 
Determination. 
Determination. 
Time period. 
Determination. 
Records. 
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131 STAT. 1123 
PUBLIC LAW 115–55—AUG. 23, 2017 
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 appeals 
process pursuant to paragraph (2)(D). 
(4) DURATION; APPLICABILITY.— 
(A) DURATION.—Subject to subsection (c), the Secretary 
may carry out the program during such period as the 
Secretary considers appropriate. 
(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 subpara-
graph (A). 
(5) DEFINITIONS.—In this subsection: 
(A) COMPENSATION.—The term ‘‘compensation’’ has the 
meaning given that term in section 101 of title 38, United 
States Code. 
(B) FULLY DEVELOPED APPEAL.—The term ‘‘fully devel-
oped appeal’’ means an appeal of a claim for disability 
compensation that is— 
(i) filed by a claimant in accordance with para-
graph (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 OF AUTHORITY.—The Secretary of Veterans 
Affairs may not carry out a program under this section after the 
applicability date set forth in section 2(x)(1). 
SEC. 5. PERIODIC PUBLICATION OF METRICS RELATING TO PROC-
ESSING OF APPEALS BY DEPARTMENT OF VETERANS 
AFFAIRS. 
The Secretary of Veterans Affairs shall periodically publish 
on an Internet website of the Department of Veterans Affairs the 
following: 
(1) With respect to the processing by the Secretary of 
appeals under the new appeals system of decisions regarding 
claims for benefits under laws administered by the Secretary, 
the following: 
(A) For the Veterans Benefits Administration and, to 
the extent practicable, each regional office of the Depart-
ment of Veterans Affairs, 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. 
Web posting. 
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(E) The average number of days that appeals are 
pending on a docket of the Board of Veterans’ Appeals 
maintained pursuant to section 7107 of such title, as 
amended by section 2(t), disaggregated by— 
(i) appeals that include a request for a hearing; 
(ii) appeals that do not include a request for a 
hearing and do include submittal of evidence; and 
(iii) appeals that do not include a request for a 
hearing and do not include submittal of evidence. 
(F) With respect to the policy developed and imple-
mented 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 pending prior to 
moving from one docket to another; and 
(iii) the average time to adjudicate the cases after 
so moving. 
(G) The total number of remands to obtain advisory 
medical opinions under section 5109(d) of title 38, United 
States Code, as added by section 2(j). 
(H) 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. 
(I) 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 
jurisdiction issues a decision taking that advisory opinion 
into account. 
(J) The number of appeals that are granted, the 
number of appeals that are remanded, and the number 
of appeals that are denied by the Board disaggregated 
by docket. 
(K) 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 as whether 
the claimant is represented by a veterans service organiza-
tion, the claimant is represented by an attorney, or the 
claimant is taking such action pro se. 
(L) 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. 
(M) The average duration, from the filing of an initial 
claim until the claim is resolved and claimants no longer 
take any action to protect their effective date under section 
5110(a)(2) of such title, as so added— 
(i) of claims under the new appeals system, 
excluding legacy claims that opt in to the new appeals 
system; and 
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131 STAT. 1125 
PUBLIC LAW 115–55—AUG. 23, 2017 
(ii) of legacy claims that opt in to the new appeals 
system. 
(N) How frequently an action taken within one year 
to protect an effective date under section 5110(a)(2) of 
such title, as so added, leads to additional grant of benefits, 
disaggregated by action taken. 
(O) The average of how long it takes to complete each 
segment of the claims process while claimants are pro-
tecting 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. 
(P) The number and the average amount of retroactive 
awards of benefits from the Secretary as a result of pro-
tected effective dates under such section, disaggregated 
by action taken. 
(Q) The average number of times claimants submit 
to the Secretary different claims with respect to the same 
condition, such as an initial claim and a supplemental 
claim. 
(R) The number of cases each year in which a claimant 
inappropriately tried to take simultaneous actions, such 
as filing a supplemental claim while a higher-level review 
is pending, what actions the Secretary took in response, 
and how long it took on average to take those actions. 
(S) In the case that the Secretary develops and imple-
ments 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. 
(T) The number of times the Secretary received evi-
dence relating to an appeal or higher-level review at a 
time not authorized under the new 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. 
(U) 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 examinations, and a comparison with 
errors committed by the Secretary in carrying out such 
duty with respect to appeals of decisions on legacy claims. 
(V) An assessment of the productivity of employees 
at the regional offices and at the Board, disaggregated 
by level of experience of the employees. 
(W) The percentage of cases that are decided within 
the goals established by the Secretary for deciding cases, 
disaggregated by cases that involve a supplemental claim, 
cases that involve higher-level review, and by docket main-
tained under section 7107(a) of such title, as amended 
by section 2(t), or in the case that the Secretary has not 
established goals for deciding cases, the percentage of cases 
which are decided within one year, two years, three years, 
and more than three years, disaggregated by docket. 
(X) Of the cases that involve higher-level review, the 
percentage of decisions that are overturned in whole or 
in part by the higher-level adjudicator, that are upheld 
Assessment. 
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131 STAT. 1126 
PUBLIC LAW 115–55—AUG. 23, 2017 
by the higher-level adjudicator, and that are returned for 
correction of an error. 
(Y) The frequency by which the Secretary readjudicates 
a claim pursuant to section 5108 of such title, as amended 
by section 2(i), and the frequency by which readjudication 
pursuant to section 5108 of such title, as so amended, 
results in an award of benefits. 
(Z) In any case in which the Board decides to screen 
cases for a purpose described in section 7107(d) of such 
title, as amended by section 2(t)(1)— 
(i) a description of the way in which the cases 
are screened and the purposes for which they are 
screened; 
(ii) a description of the effect such screening has 
had on— 
(I) the timeliness of the issuance of decisions 
of the Board; and 
(II) the inventory of cases before the Board; 
and 
(iii) the type and frequency of development errors 
detected through such screening. 
(2) With respect to the processing by the Secretary 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 benefits 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 a legacy claim 
with the Secretary until all appeals and remands relating 
to such legacy claim are completed. 
(E) The average number of times claimants submit 
to the Secretary different claims with respect to the same 
condition, such as an initial claim, new and material evi-
dence, or a claim for an increase in benefits. 
(F) An assessment of the productivity of employees 
at the regional offices and at the Board, disaggregated 
by level of experience of the employees. 
(G) The average number of days the duration of an 
appeal is extended because the Secretary secured or 
attempted to secure an advisory medical opinion under 
section 5109 of title 38, United States Code, or section 
7109 of such title (as in effect on the day before the date 
of the enactment of this Act). 
(H) The frequency by which claims are reopened pursu-
ant to section 5108 of such title and the frequency by 
which such reopening results in an award of benefits. 
(3) With respect to the processing by the Secretary of 
appeals of decisions on legacy claims that opt in to the new 
appeals system, the following: 
(A) The cumulative number of such legacy claims. 
Assessment. 
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131 STAT. 1127 
PUBLIC LAW 115–55—AUG. 23, 2017 
(B) The portion of work in the new appeals system 
attributable to appeals of decisions on such legacy claims. 
(C) The average period such legacy claims were 
pending before opting in to the new appeals system and 
the average period required to adjudicate such legacy 
claims on average after opting in— 
(i) with respect to claims at a regional office of 
the Department of Veterans Affairs, disaggregated 
by— 
(I) supplemental claims under section 5108 
of title 38, United States Code, as amended by 
section 2(i); and 
(II) requests for higher-level review under sec-
tion 5104B of such title, as added by section 2(g); 
and 
(ii) with respect to appeals, disaggregated by 
docket of the Board maintained under section 7107 
of such title, as amended by section 2(t). 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) CLAIMANT.—The term ‘‘claimant’’ has the meaning given 
such term in section 5100 of title 38, United States Code. 
(2) LEGACY
CLAIMS.—The term ‘‘legacy claim’’ means a 
claim— 
(A) that was submitted to the Secretary of Veterans 
Affairs for a benefit under a law administered by the 
Secretary; and 
(B) for which notice of a decision under section 5104 
of title 38, United States Code, was provided by the Sec-
retary before the date set forth in section 2(x). 
(3) OPT
IN.—The term ‘‘opt in’’ means, with respect to 
a legacy claim of a claimant, that the claimant elects to subject 
the claim to the new appeals system pursuant to— 
(A) section 2(x)(3); or 
(B) such other mechanism as the Secretary may pre-
scribe for purposes of carrying out this Act and the amend-
ments made by this Act. 
(4) NEW APPEALS SYSTEM.—The term ‘‘new appeals system’’ 
means the set of processes and mechanisms by which the 
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131 STAT. 1128 
PUBLIC LAW 115–55—AUG. 23, 2017 
LEGISLATIVE HISTORY—H.R. 2288 (S. 1024): 
HOUSE REPORTS: No. 115–135 (Comm. on Veterans’ Affairs). 
SENATE REPORTS: No. 115–126 (Comm. on Veterans’ Affairs) accompanying 
S. 1024. 
CONGRESSIONAL RECORD, Vol. 163 (2017): 
May 23, considered and passed House. 
Aug. 1, considered and passed Senate, amended. 
Aug. 11, House concurred in Senate amendment. 
Secretary processes, pursuant to the authorities and require-
ments modified by section 2, claims for benefits under laws 
administered by the Secretary. 
Approved August 23, 2017. 
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