[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3517 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3517

  To amend title 38, United States Code, to improve the processing of 
    claims for disability compensation filed with the Department of 
               Veterans Affairs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2010

   Mr. Akaka introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to improve the processing of 
    claims for disability compensation filed with the Department 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Claims Processing 
Improvement Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
       TITLE I--RATING OF SERVICE-CONNECTED DISABILITIES MATTERS

Sec. 101. Pilot program on evaluation and rating of service-connected 
                            disabilities of the musculoskeletal system.
               TITLE II--ADJUDICATION AND APPEAL MATTERS

Sec. 201. Partial adjudication of claims for disability compensation 
                            consisting of multiple issues one or more 
                            of which can be quickly adjudicated.
Sec. 202. Clarification that requirement of Secretary of Veterans 
                            Affairs to provide notice to claimants of 
                            additional information and evidence 
                            required only applies when additional 
                            information or evidence is actually 
                            required.
Sec. 203. Equal deference to private medical opinions in assessing 
                            claims for disability compensation.
Sec. 204. Improvements to disability compensation claim review process.
Sec. 205. Provision by Secretary of Veterans Affairs of notice of 
                            disagreement forms to initiate appellate 
                            review with notices of decisions of 
                            Department of Veterans Affairs.
Sec. 206. Modification of filing period for notice of disagreement to 
                            initiate appellate review of decisions of 
                            Department of Veterans Affairs.
Sec. 207. Modification of substantive appeal process.
Sec. 208. Provision of post-notice of disagreement decisions to 
                            claimants who file notice of disagreements.
Sec. 209. Automatic waiver of agency of original jurisdiction review of 
                            new evidence.
Sec. 210. Authority for Board of Veterans' Appeals to determine 
                            location and manner of appearance for 
                            hearings.
Sec. 211. Decision by Court of Appeals for Veterans Claims on all 
                            issues raised by appellants.
Sec. 212. Good cause extension of period for filing notice of appeal 
                            with United States Court of Appeals for 
                            Veterans Claims.
Sec. 213. Pilot program on participation of local and tribal 
                            governments in improving quality of claims 
                            for disability compensation submitted to 
                            Department of Veterans Affairs.

       TITLE I--RATING OF SERVICE-CONNECTED DISABILITIES MATTERS

SEC. 101. PILOT PROGRAM ON EVALUATION AND RATING OF SERVICE-CONNECTED 
              DISABILITIES OF THE MUSCULOSKELETAL SYSTEM.

    (a) Pilot Program Required.--The Secretary of Veterans Affairs 
shall carry out a pilot program to assess the feasibility and 
advisability of applying an alternative schedule for rating service-
connected disabilities of the musculoskeletal system.
    (b) Schedule for Rating Service-Connected Disabilities.--
            (1) In general.--Not later than 240 days after the date of 
        the enactment of this Act, the Secretary shall establish an 
        alternative schedule for rating service-connected disabilities 
        of the musculoskeletal system.
            (2) Publication in federal register.--Not later than 270 
        days after the date of the enactment of this Act, the Secretary 
        shall publish the alternative schedule established under 
        paragraph (1) in the Federal Register.
            (3) Collaboration.--The Secretary shall establish the 
        alternative schedule required by paragraph (1) collaboratively 
        through the Under Secretary for Benefits, the Under Secretary 
        for Health, and the General Counsel.
            (4) Elements.--The alternative schedule for rating 
        disabilities under paragraph (1) shall include the following:
                    (A) The use of the International Classification of 
                Diseases, as adopted by the Secretary of Health and 
                Human Services under section 1173(c) of the Social 
                Security Act (42 U.S.C. 1320d-2(c)) and any successor 
                revisions to such classification so adopted, for 
                purposes of identifying disabilities of the 
                musculoskeletal system.
                    (B) A residual functional capacity assessment 
                instrument to describe the functional musculoskeletal 
                loss resulting from any disability of the 
                musculoskeletal system.
                    (C) Mechanisms for the assignment of one residual 
                functional capacity rating for all musculoskeletal 
                disabilities determined to be service-connected, which 
                mechanisms shall take into account the following:
                            (i) Frequency of symptoms affecting 
                        residual functional capacity of the 
                        musculoskeletal system, set forth as a range 
                        of--
                                    (I) infrequent (once a year or 
                                less);
                                    (II) several (two to six) times a 
                                year;
                                    (III) occasional (seven to twelve 
                                times a year);
                                    (IV) weekly; and
                                    (V) daily or continuous.
                            (ii) Severity of symptoms affecting 
                        residual functional capacity of the 
                        musculoskeletal system resulting in loss of 
                        functional capacity of the musculoskeletal 
                        system, set forth as a range of--
                                    (I) minimal (symptoms present but 
                                requiring no treatment);
                                    (II) slight (such as requiring 
                                minor alteration of activity or 
                                treatment with over-the-counter 
                                medication);
                                    (III) mild (such as requiring rest 
                                of relevant body part and use of over-
                                the-counter medication, prescription 
                                medication, or therapy, such as ice or 
                                heat to an affected part);
                                    (IV) moderate (such as requiring 
                                medical evaluation and treatment or 
                                prescription medication for pain or 
                                symptom control with side effects which 
                                can be expected to interfere with full 
                                performance of work-related 
                                activities); and
                                    (V) moderately severe to severe 
                                (such as requiring the need to use 
                                assistive devices for ambulation, use 
                                of opiod or similar prescription 
                                medication to control pain which 
                                precludes driving or being around 
                                machinery, in-patient hospitalization 
                                or rehabilitation or frequent out-
                                patient treatment physical therapy, or 
                                loss or loss of use of functional 
                                capacity in both arms or feet, or one 
                                arm and one foot, or requiring a 
                                wheelchair for mobility).
                            (iii) Duration of symptoms affecting 
                        residual functional capacity of the 
                        musculoskeletal system resulting in reduced 
                        functional capacity of the musculoskeletal 
                        system, set forth as a range of--
                                    (I) one day or less to one week;
                                    (II) more than one week but less 
                                than four weeks;
                                    (III) four weeks or more but less 
                                than six months;
                                    (IV) six months or more but less 
                                than one year; and
                                    (V) one year or more.
                    (D) Mechanisms for the assignment of ratings of 
                disability in certain cases as follows:
                            (i) If the veteran has an active 
                        musculoskeletal cancer or other active 
                        musculoskeletal disability likely to result in 
                        death, a rating of 100 percent.
                            (ii) If the veteran would qualify for a 
                        temporary disability rating under section 1156 
                        of title 38, United States Code, the rating 
                        provided under that section.
                            (iii) If the veteran would qualify for a 
                        temporary disability rating under any 
                        regulations prescribed by the Secretary not 
                        provided for under this section, the rating 
                        assigned under such regulations.
                    (E) Such other mechanisms as the Secretary 
                considers appropriate for the pilot program.
            (5) Forms for recording residual functional capacity 
        assessments.--
                    (A) In general.--The Secretary shall establish one 
                or more functional capacity assessment forms to be used 
                in performing assessments with the instrument required 
                by paragraph (4)(B).
                    (B) Availability.--The Secretary shall make the 
                forms established under subparagraph (A) available to 
                the public in an electronic format for use by any 
                physician or other medical provider in assessing the 
                residual functional capacity related to disabilities of 
                the musculoskeletal system.
            (6) Exemption from apa.--The establishment of the 
        alternative schedule required by paragraph (1) shall not be 
        subject to the requirements of subchapter II of chapter 5, and 
        chapter 7, of title 5, United States Code (commonly known as 
        the ``Administrative Procedure Act'').
    (c) Application of Alternative Schedule.--
            (1) In general.--In carrying out the pilot program, the 
        Secretary shall apply the alternative schedule for rating 
        disabilities established under subsection (b) to veterans 
        described in paragraph (3) who have a condition of the 
        musculoskeletal system that has been determined to be a 
        disability incurred or aggravated during military service to 
        determine the rating to be assigned for such disability.
            (2) Application through regional offices.--
                    (A) In general.--The Secretary shall apply the 
                alternative schedule for rating service-connected 
                disabilities under this subsection through not fewer 
                than six and not more than ten regional offices of the 
                Department of Veterans Affairs selected by the 
                Secretary for purposes of the pilot program.
                    (B) Diversity of selection.--In selecting regional 
                offices under subparagraph (A), the Secretary shall 
                select--
                            (i) at least one regional office considered 
                        by the Secretary to be a small office;
                            (ii) at least one regional office 
                        considered by the Secretary to be a large 
                        office; and
                            (iii) regional offices representing a 
                        variety of geographic settings.
            (3) Covered veterans.--Veterans described in this paragraph 
        are veterans who--
                    (A) submit to the Secretary more than one year 
                after their date of discharge or release from the 
                active military, naval, or air service an original 
                claim for benefits under the laws administered by the 
                Secretary;
                    (B) allege in the claim described in subparagraph 
                (A) the existence of a condition of the musculoskeletal 
                system that was incurred or aggravated in such 
                military, naval, or air service;
                    (C) file such claim with a regional office of the 
                Department with original jurisdiction of the claim that 
                is participating in the pilot program; and
                    (D) have not expressly declined participation in 
                the pilot program.
            (4) Relation to combined ratings table.--A rating assigned 
        for a musculoskeletal service-connected disability under the 
        pilot program shall be determined without regard to the 
        Combined Ratings Table in title 38, Code of Federal 
        Regulations, except that in determining the final rating of all 
        service-connected disabilities, the rating for musculoskeletal 
        disabilities as determined under the pilot program shall be 
        combined with any other disabilities using such table.
            (5) Treatment of disability ratings for loss of bodily 
        integrity.--Compensation under laws administered by the 
        Secretary for a disability receiving a disability rating under 
        the schedule established under subsection (b)(1) shall be, as 
        applicable, in addition to or consistent with any compensation 
        otherwise provided under subsections (k) through (s) of section 
        1114 of title 38, United States Code.
    (d) Limitations on Denial of Service Connection.--During the pilot 
program, the Secretary may not determine a musculoskeletal condition of 
a veteran to be not service-connected for purposes of the veteran's 
participation in the pilot program unless the Secretary--
            (1) obtains, or receives a report of, a medical examination 
        of the veteran which--
                    (A) includes a brief history of the veteran's 
                military service relevant to the condition;
                    (B) identifies the diagnosed musculoskeletal 
                disabilities in accordance with the classification 
                required by subsection (b)(4)(A); and
                    (C) describes the functional limitations of such 
                conditions, and if applicable, any secondary conditions 
                related to such alleged conditions or any non-service 
                connected disability aggravated by the alleged 
                conditions; and
            (2) obtains or receives a medical opinion on--
                    (A) the nexus between any diagnosed musculoskeletal 
                condition alleged to be service-connected and the 
                active military, naval, or air service of the veteran; 
                and
                    (B) if applicable, the relationship between any 
                service-connected disabilities of the veteran and any 
                secondary disabilities related to such disabilities or 
                any non-service connected disability aggravated by the 
                alleged conditions.
    (e) Records.--
            (1) In general.--The Secretary shall maintain for purposes 
        of the pilot program a separate searchable electronic file on 
        each veteran covered by the pilot program.
            (2) Elements.--The electronic file maintained with respect 
        to a veteran under paragraph (1) shall include for the 
        following:
                    (A) An index of the documents contained in the 
                electronic file.
                    (B) The claim of the veteran for benefits under the 
                laws administered by the Secretary, including any 
                reapplication with respect to such claim.
                    (C) The service treatment records of the veteran 
                from medical care received while serving in the active 
                military, naval, or air service and any other medical 
                treatment records of the veteran from service during 
                periods of active or inactive duty for training.
                    (D) The personnel records of service of the 
                veteran--
                            (i) in the active military, naval, or air 
                        service; and
                            (ii) in the reserve components of the Armed 
                        Forces.
                    (E) Such other private or public medical records of 
                the veteran as the Secretary considers appropriate.
                    (F) Records of any medical examinations and medical 
                opinions on the residual functional capacity of the 
                musculoskeletal system of the veteran, including any 
                examinations and opinions obtained under subsection 
                (d).
                    (G) Records of any medical examinations and medical 
                opinions concerning any non-musculoskeletal 
                disabilities claimed by the veteran as service-
                connected.
                    (H) Any non-medical evidence applicable to the 
                claim.
                    (I) Current information and evidence on any 
                dependents of the veteran for purposes of the laws 
                administered by the Secretary.
                    (J) Ratings and decisions of the Secretary with 
                respect to the claims of the veteran.
                    (K) Information concerning the amount of 
                compensation paid to the veteran under laws 
                administered by the Secretary.
                    (L) Any notices or correspondence sent by the 
                Secretary to the veteran or any correspondence 
                submitted by the veteran to the Secretary in connection 
                with the claim that does not contain evidence or 
                information applicable to the claims of the veteran.
            (3) Organization.--Each file required by paragraph (1) 
        shall be stored or displayed with separate sections for each 
        element required under paragraph (2).
    (f) Termination of Application.--The Secretary shall cease the 
application to veterans under subsection (c) of the alternative 
schedule for rating service-connected disabilities under subsection (b) 
for purposes of the pilot program on the date that is 4 years after the 
date of the enactment of this Act.
    (g) Preservation of Ratings.--
            (1) In general.--Except as provided in paragraph (2), a 
        disability rating assigned under the alternative schedule 
        established under subsection (b) shall not be reduced during or 
        after termination of the pilot program absent evidence of clear 
        and unmistakable error in the original assignment of the rating 
        or evidence of an improvement in the musculoskeletal disability 
        manifested by less frequent, less severe, or shorter duration 
        of symptoms measured over a period of at least six months in 
        the year prior to any re-evaluation.
            (2) Exception.--Paragraph (1) shall not apply to ratings 
        assigned for temporary periods as provided in subsection 
        (b)(4)(D).
    (h) Relationship to Other Provisions of Law Administered by the 
Secretary of Veterans Affairs.--Except as otherwise specifically 
provided in this section, all applicable provisions of law administered 
by the Secretary shall apply to decisions of the Secretary made under 
the pilot program.
    (i) Interim Report.--
            (1) In general.--Not later than 300 days after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Committee on Veterans' Affairs of the Senate and the Committee 
        on Veterans' Affairs of the House of Representatives an interim 
        report on the pilot program.
            (2) Elements.--The interim report required by paragraph (1) 
        shall include the following:
                    (A) A description of the alternative schedule for 
                rating service-connected disabilities established under 
                subsection (b).
                    (B) The rationale for the alternative schedule as 
                described under subparagraph (A).
                    (C) A description of the policies and procedures 
                established under the pilot program.
    (j) Report.--
            (1) In general.--Not later than 3 years and 180 days after 
        the date of the enactment of this Act, the Secretary shall 
        submit to the Committee on Veterans' Affairs of the Senate and 
        the Committee on Veterans' Affairs of the House of 
        Representatives a report on the pilot program.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A copy of the alternative schedule for rating 
                service-connected disabilities established under 
                subsection (b) and any changes made to such schedule 
                during the pilot program.
                    (B) A description and assessment of the application 
                of the alternative schedule for rating service-
                connected disabilities of veterans, including--
                            (i) the total number of veterans to which 
                        the alternative schedule was applied;
                            (ii) the total number of veterans 
                        determined to have a service-connected 
                        disability consisting of a condition of the 
                        musculoskeletal system; and
                            (iii) the ratings of disability assigned to 
                        veterans described in clause (ii), set forth by 
                        percentage of disability assigned.
                    (C) An assessment of the feasibility and 
                advisability of applying the alternative schedule for 
                rating service-connected disabilities to additional 
                claimants.
                    (D) A comparison of a representative sample of 
                decisions rendered by different regional offices for 
                similar disabilities participating in the pilot 
                program.
                    (E) The number of appeals filed for claims 
                adjudicated under the pilot program.
                    (F) An assessment of the effectiveness of the 
                electronic file maintained under subsection (e) in--
                            (i) the adjudication of claims under the 
                        pilot program; and
                            (ii) improving the efficiency of decision 
                        making by the Department.
                    (G) Such recommendations for legislative or 
                administrative action as the Secretary considers 
                appropriate in light of the pilot program.
    (k) Definitions.--In this section:
            (1) The term ``active military, naval, or air service'' has 
        the meaning given that term in section 101(24) of title 38, 
        United States Code.
            (2) The term ``non-service-connected'', with respect to a 
        disability, has the meaning given that term in section 101(17) 
        of title 38, United States Code.
            (3) The term ``service-connected'', with respect to a 
        disability, has the meaning given that term in section 101(16) 
        of title 38, United States Code.

               TITLE II--ADJUDICATION AND APPEAL MATTERS

SEC. 201. PARTIAL ADJUDICATION OF CLAIMS FOR DISABILITY COMPENSATION 
              CONSISTING OF MULTIPLE ISSUES ONE OR MORE OF WHICH CAN BE 
              QUICKLY ADJUDICATED.

    (a) In General.--Section 1157 of title 38, United States Code, is 
amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
    ``(a) In General.--The Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(b) Assignment of Partial Ratings.--(1) In the case of a veteran 
who submits to the Secretary a claim for compensation under this 
chapter for more than one condition and the Secretary determines that a 
disability rating can be assigned without further development for one 
or more conditions but not all conditions in the claim, the Secretary 
shall--
            ``(A) expeditiously assign a disability rating for the 
        condition or conditions that the Secretary determined could be 
        assigned without further development; and
            ``(B) continue development of the remaining conditions.
    ``(2) If the Secretary is able to assign a disability rating for a 
condition described in paragraph (1)(B) with respect to a claim, the 
Secretary shall assign such rating and combine such rating with the 
rating or ratings previously assigned under paragraph (1)(A) with 
respect to that claim.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to claims filed on or after the date that is 60 days after 
the date of the enactment of this Act.

SEC. 202. CLARIFICATION THAT REQUIREMENT OF SECRETARY OF VETERANS 
              AFFAIRS TO PROVIDE NOTICE TO CLAIMANTS OF ADDITIONAL 
              INFORMATION AND EVIDENCE REQUIRED ONLY APPLIES WHEN 
              ADDITIONAL INFORMATION OR EVIDENCE IS ACTUALLY REQUIRED.

    (a) In General.--Section 5103(a)(1) of title 38, United States 
Code, is amended by striking the first sentence and inserting the 
following: ``If the Secretary receives a complete or substantially 
complete application that does not include information or medical or 
lay evidence not previously provided to the Secretary that is necessary 
to substantiate the claim, the Secretary shall, upon receipt of such 
application, notify the claimant and the claimant's representative, if 
any, that such information or evidence is necessary to substantiate the 
claim.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to claims filed on or after the date that is 60 days after 
the date of the enactment of this Act.

SEC. 203. EQUAL DEFERENCE TO PRIVATE MEDICAL OPINIONS IN ASSESSING 
              CLAIMS FOR DISABILITY COMPENSATION.

    (a) Provision of Deference.--
            (1) In general.--Subchapter I of chapter 51 of title 38, 
        United States Code, is amended by inserting after section 5103A 
        the following new section:
``Sec. 5103B. Treatment of private medical opinions
    ``(a) In General.--If a claimant submits a private medical opinion 
in support of a claim for disability compensation in accordance with 
standards established by the Secretary, such opinion shall be treated 
by the Secretary with the same deference as a medical opinion provided 
by a Department health care provider.
    ``(b) Supplemental Information.--(1) If a private medical opinion 
submitted as described in subsection (a) is found by the Secretary to 
be competent, credible, and probative, but otherwise not entirely 
adequate for purposes of assigning a disability rating and the 
Secretary determines a medical opinion from a Department health care 
provider is necessary for such purpose, the Secretary shall obtain from 
an appropriate Department health care provider (as determined pursuant 
to the standards described in subsection (a)) a medical opinion that is 
adequate for such purposes.
    ``(2) If the Secretary obtains a medical opinion from a Department 
health care provider under paragraph (1), the Secretary shall ensure 
that the medical opinion is obtained from a health care provider of the 
Department that has professional qualifications that are at least equal 
to the qualifications of the provider of the private medical opinion 
described in such paragraph.
    ``(c) Department Health Care Provider Defined.--In this section, 
the term `Department health care provider' includes a provider of 
health care who provides health care under contract with the 
Department.''.
            (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 5103A the following new 
        item:

``5103B. Treatment of private medical opinions.''.
            (3) Effective date.--Section 5103B of such title, as added 
        by paragraph (1), shall take effect on the date of the 
        enactment of this Act, and shall apply with respect to claims 
        pending or filed on or after the date that is 270 days after 
        the date of the enactment of this Act.
    (b) Notice.--
            (1) In general.--Section 5103(a) of such title is amended 
        by adding at the end the following new paragraph:
    ``(3) A notice provided under this subsection shall inform a 
claimant, as the Secretary considers appropriate with respect to the 
claimant's claim--
            ``(A) of the rights of the claimant to assistance under 
        section 5103A of this title; and
            ``(B) if the claimant submits a private medical opinion in 
        support of a claim for disability compensation, how such 
        medical opinion will be treated under section 5103B of this 
        title.''.
            (2) Effective date.--Paragraph (3) of such section 5103(a), 
        as added by paragraph (1), shall take effect on the date that 
        is 270 days after the date of the enactment of this Act.

SEC. 204. IMPROVEMENTS TO DISABILITY COMPENSATION CLAIM REVIEW PROCESS.

    (a) Establishment of Fast Track Claim Review Process.--
            (1) In general.--Subchapter I of chapter 51 of title 38, 
        United States Code, is amended by inserting after section 
        5103B, as added by section 203 of this Act, the following new 
        section:
``Sec. 5103C. Expedited review of initial claims for disability 
              compensation
    ``(a) Process Required.--The Secretary shall establish a process 
for the rapid identification of initial claims for disability 
compensation that should, in the adjudication of such claims, receive 
priority in the order of review.
    ``(b) Review of Initial Claims.--As part of the process required by 
subsection (a), the Secretary shall assign employees of the Department 
who are experienced in the processing of claims for disability 
compensation to carry out a preliminary review of all initial claims 
for disability compensation submitted to the Secretary in order to 
identify whether--
            ``(1) the claims have the potential of being adjudicated 
        quickly;
            ``(2) the claims qualify for priority treatment under 
        paragraph (2) of subsection (c); and
            ``(3) a temporary disability rating could be assigned with 
        respect to the claims under section 1156 of this title.
    ``(c) Priority in Adjudication of Initial Claims.--(1) As part of 
the process required by subsection (a) and except as provided in 
paragraph (2), the Secretary shall, in the adjudication of initial 
claims for disability compensation submitted to the Secretary, give 
priority in the order of review of such claims to claims identified 
under subsection (b)(1) as having the potential of being adjudicated 
quickly.
    ``(2) The Secretary may, under regulations the Secretary shall 
prescribe, provide priority in the order of review of initial claims 
for disability compensation for the adjudication of the following:
            ``(A) Initial claims for disability compensation submitted 
        by homeless claimants.
            ``(B) Initial claims for disability compensation submitted 
        by veterans who are terminally ill.
            ``(C) Initial claims for disability compensation submitted 
        by claimants suffering severe financial hardship.
            ``(D) Partially adjudicated claims for disability 
        compensation under section 1157(b) of this title.''.
            (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 5103B, as so added, the 
        following new item:

``5103C. Expedited review of initial claims for disability 
                            compensation.''.
            (3) Effective date.--Section 5103C of such title, as added 
        by paragraph (1), shall take effect on the date that is 90 days 
        after the date of the enactment of this Act.
    (b) Authority for Claimants To End Development of Claims.--
            (1) In general.--Such subchapter is further amended by 
        inserting after section 5103C, as added by subsection (a), the 
        following new section:
``Sec. 5103D. Procedures for fully developed claims
    ``Upon notification received from a claimant that the claimant has 
no additional information or evidence to submit, the Secretary may 
determine that the claim is a fully developed claim. The Secretary 
shall then undertake any development necessary for any Federal records, 
medical examinations, or opinions relevant to the claim and may decide 
the claim based on all the evidence of record.''.
            (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 5103C, as added by 
        subsection (a), the following new item:

``5103D. Procedures for fully developed claims.''.
            (3) Effective date.--Section 5103D of such title, as added 
        by paragraph (1), shall take effect on the date of the 
        enactment of this Act.

SEC. 205. PROVISION BY SECRETARY OF VETERANS AFFAIRS OF NOTICE OF 
              DISAGREEMENT FORMS TO INITIATE APPELLATE REVIEW WITH 
              NOTICES OF DECISIONS OF DEPARTMENT OF VETERANS AFFAIRS.

    (a) In General.--Section 5104 of title 38, United States Code, is 
amended--
            (1) in subsection (a), by striking the second sentence; and
            (2) in subsection (b), by striking ``also include (1) a'' 
        and all that follows and inserting the following: ``include the 
        following:
            ``(1) A statement of the reasons for the decision.
            ``(2) A summary of the evidence relied upon by the 
        Secretary in making the decision.
            ``(3) An explanation of the procedure for obtaining review 
        of the decision.
            ``(4) A form that, once completed, can serve as a notice of 
        disagreement under section 7105(a) of this title.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act.

SEC. 206. MODIFICATION OF FILING PERIOD FOR NOTICE OF DISAGREEMENT TO 
              INITIATE APPELLATE REVIEW OF DECISIONS OF DEPARTMENT OF 
              VETERANS AFFAIRS.

    (a) Filing of Notice of Disagreement by Claimants.--
            (1) In general.--Paragraph (1) of section 7105(b) of title 
        38, United States Code, is amended--
                    (A) by striking ``one year'' and inserting ``180 
                days'' in the first sentence; and
                    (B) by striking ``one-year'' and inserting ``180-
                day'' in the third sentence.
            (2) Electronic filing.--Such paragraph is further amended 
        by inserting ``or transmitted by electronic means'' after 
        ``postmarked''.
            (3) Good cause exception for untimely filing of notices of 
        disagreement.--Such section 7105(b) is amended by adding at the 
        end the following new paragraph:
    ``(3)(A) A notice of disagreement not filed within the time 
prescribed by paragraph (1) shall be treated by the Secretary as timely 
filed if--
            ``(i) the Secretary determines that the claimant, legal 
        guardian, or other accredited representative, attorney, or 
        authorized agent filing the notice had good cause for the lack 
        of filing within such time; and
            ``(ii) the notice of disagreement is filed not later than 
        186 days after the period prescribed by paragraph (1).
    ``(B) For purposes of this paragraph, good cause shall include the 
following:
            ``(i) Circumstances relating to any physical, mental, 
        educational, or linguistic limitation of the claimant, legal 
        guardian, representative, attorney, or authorized agent 
        concerned (including lack of facility with the English 
        language).
            ``(ii) Circumstances relating to significant delay in the 
        delivery of the initial decision or of the notice of 
        disagreement caused by natural disaster or factors relating to 
        geographic location.
            ``(iii) A change in financial circumstances, including the 
        payment of medical expenses or other changes in income or net 
        worth that are considered in determining eligibility for 
        benefits and services on an annualized basis for purposes of 
        needs-based benefits under chapters 15 and 17 of this title.''.
    (b) Application by Department for Review on Appeal.--Section 7106 
of such title is amended in the first sentence by striking ``one-year 
period described in section 7105'' and inserting ``period described in 
section 7105(b)(1)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act, and shall apply with respect to claims filed on or after the 
date of the enactment of this Act.

SEC. 207. MODIFICATION OF SUBSTANTIVE APPEAL PROCESS.

    (a) In General.--Section 7105 of title 38, United States Code, is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (3), by striking ``The claimant 
                will be afforded'' and all that follows through the end 
                of the paragraph; and
                    (B) by striking paragraphs (4) and (5); and
            (2) by adding at the end the following new subsection:
    ``(e)(1) A claimant shall be afforded a period of 60 days from the 
date the post-notice of disagreement decision is mailed under 
subsection (d) to file a substantive appeal.
    ``(2)(A) The period under paragraph (1) may be extended for an 
additional 60 days for good cause shown on a request for such extension 
submitted in writing within such period.
    ``(B) For purposes of this paragraph, good cause shall include the 
following:
            ``(i) Circumstances relating to any physical, mental, 
        educational, or linguistic limitation of the claimant, legal 
        guardian, or other accredited representative, attorney, or 
        authorized agent filing the request (including lack of facility 
        with the English language).
            ``(ii) Circumstances relating to significant delay in the 
        delivery of the initial decision or of the notice of 
        disagreement caused by natural disaster or factors relating to 
        geographic location.
            ``(iii) A change in financial circumstances, including the 
        payment of medical expenses or other changes in income or net 
        worth that are considered in determining eligibility for 
        benefits and services on an annualized basis for purposes of 
        needs-based benefits under chapters 15 and 17 of this title.
    ``(3) A substantive appeal under this subsection shall identify the 
particular determination or determinations being appealed and allege 
specific errors of fact or law made by the agency of original 
jurisdiction in each determination being appealed.
    ``(4) A claimant in any case under this subsection may not be 
presumed to agree with any statement of fact contained in the post-
notice of disagreement decision to which the claimant does not 
specifically express disagreement.
    ``(5) If the claimant does not file a substantive appeal in 
accordance with the provisions of this chapter within the period 
afforded under paragraphs (1) and (2), as the case may be, the agency 
of original jurisdiction shall dismiss the appeal and notify the 
claimant of the dismissal. The notice shall include an explanation of 
the procedure for obtaining review of the dismissal by the Board of 
Veterans' Appeals.
    ``(6) In order to obtain review by the Board of a dismissal of an 
appeal by the agency of original jurisdiction, a claimant shall file a 
request for such review with the Board within the 60-day period 
beginning on the date on which notice of the dismissal is mailed 
pursuant to paragraph (5).
    ``(7) If a claimant does not file a request for review by the Board 
in accordance with paragraph (6) within the prescribed period or if 
such a request is timely filed and the Board affirms the dismissal of 
the appeal, the determination of the agency of original jurisdiction 
regarding the claim for benefits under this title shall become final 
and the claim may not thereafter be reopened or allowed, except as may 
otherwise be provided by regulations not inconsistent with this title.
    ``(8) If an appeal is not dismissed by the agency of original 
jurisdiction, the Board may nonetheless dismiss any appeal which is--
            ``(A) untimely; or
            ``(B) fails to allege specific error of fact or law in the 
        determination being appealed.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act, and shall apply 
with respect to claims filed on or after the date that is 180 days 
after the date of the enactment of this Act.

SEC. 208. PROVISION OF POST-NOTICE OF DISAGREEMENT DECISIONS TO 
              CLAIMANTS WHO FILE NOTICE OF DISAGREEMENTS.

    (a) In General.--Section 7105 of title 38, United States Code, is 
amended--
            (1) by striking ``statement of the case'' each place it 
        appears and inserting ``post-notice of disagreement decision''; 
        and
            (2) in subsection (d), as amended by section 207 of this 
        Act--
                    (A) in paragraph (1), by striking subparagraphs (A) 
                through (C) and inserting the following new 
                subparagraphs:
            ``(A) A description of the specific facts in the case that 
        support the agency's decision, including, if applicable, an 
        assessment as to the credibility of any lay evidence pertinent 
        to the issue or issues with which disagreement has been 
        expressed.
            ``(B) A citation to pertinent laws and regulations that 
        support the agency's decision.
            ``(C) A statement that addresses each issue and provides 
        the reasons why the evidence relied upon supports the 
        conclusions of the agency under the specific laws and 
        regulations applied.
            ``(D) The date by which a substantive appeal must be filed 
        in order to obtain further review of the decision.''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(4) The post-notice of disagreement decision shall be written in 
plain language.''.
    (b) Conforming Amendment.--Section 7105A of such title is amended 
by striking ``statement of the case'' each place it appears and 
inserting ``post-notice of disagreement decision''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act, and shall apply with respect to notices of disagreements 
filed on or after the date that is 180 days after the date of the 
enactment of this Act.

SEC. 209. AUTOMATIC WAIVER OF AGENCY OF ORIGINAL JURISDICTION REVIEW OF 
              NEW EVIDENCE.

    (a) In General.--Section 7105 of title 38, United States Code, as 
amended by section 207 of this Act, is further amended by adding at the 
end the following new subsection:
    ``(f) If, either at the time or after the agency of original 
jurisdiction receives a substantive appeal, the claimant or the 
claimant's representative, if any, submits evidence to either the 
agency of original jurisdiction or the Board of Veterans' Appeals for 
consideration in connection with the issue or issues with which 
disagreement has been expressed, such evidence shall be subject to 
initial review by the Board unless the claimant or the claimant's 
representative, as the case may be, requests in writing that the agency 
of original jurisdiction initially review such evidence. Such request 
for review shall accompany the submittal of the evidence or be made 
within 30 days of the submittal.''.
    (b) Effective Date.--Subsection (f) of such section, as added by 
subsection (a), shall take effect on the date that is 180 days after 
the date of the enactment of this Act, and shall apply with respect to 
claims for which a substantive appeal is filed on or after the date 
that is 180 days after the date of the enactment of this Act.

SEC. 210. AUTHORITY FOR BOARD OF VETERANS' APPEALS TO DETERMINE 
              LOCATION AND MANNER OF APPEARANCE FOR HEARINGS.

    (a) Location.--Subsection (d) of section 7107 of title 38, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``An appellant'' and all 
        that follows through the end and inserting the following: 
        ``Upon request by an appellant for a hearing before the Board, 
        the Board shall determine whether the hearing will be held at 
        its principal location or at a facility of the Department, or 
        other appropriate Federal facility, located within the area 
        served by a regional office of the Department as the Secretary 
        considers most appropriate to schedule the earliest possible 
        date for the hearing.''; and
            (2) by adding at the end the following new paragraph:
    ``(4) A determination by the Board under paragraph (1) with respect 
to the location of a hearing shall be final unless the appellant 
demonstrates, on motion, good cause or special circumstances warranting 
a different location.''.
    (b) Manner of Appearance.--Subsection (e) of such section is 
amended--
            (1) in paragraph (2)--
                    (A) by striking ``afford the appellant an 
                opportunity'' and inserting ``, as the Chairman 
                determines appropriate, require the appellant''; and
                    (B) by striking the last sentence; and
            (2) by adding at the end the following new paragraph:
    ``(3) A determination by the Chairman under paragraph (2) with 
respect to the participation of an appellant in a hearing shall be 
final unless the appellant demonstrates, on motion, good cause or 
special circumstances warranting a different determination.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act, and shall apply with respect to requests for hearings filed 
on or after the date that is 180 days after the date of the enactment 
of this Act.

SEC. 211. DECISION BY COURT OF APPEALS FOR VETERANS CLAIMS ON ALL 
              ISSUES RAISED BY APPELLANTS.

    Section 7261 of title 38, United States Code, is amended--
            (1) in subsection (a), in the matter before paragraph (1), 
        by striking ``, to the extent necessary to its decision and 
        when presented, shall'' and inserting ``shall, when 
        presented'';
            (2) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (3) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) In carrying out a review of a decision of the Board of 
Veterans' Appeals, the Court shall render a decision on every issue 
raised by an appellant within the extent set forth in this section.''.

SEC. 212. GOOD CAUSE EXTENSION OF PERIOD FOR FILING NOTICE OF APPEAL 
              WITH UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS.

    (a) In General.--Section 7266 of title 38, United States Code, is 
amended--
            (1) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively;
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b)(1) The Court may extend the initial period for the filing of 
a notice of appeal set forth in subsection (a) for an additional period 
not to exceed 120 days from the expiration of such initial period upon 
a motion--
            ``(A) filed with the Court not later than 120 days after 
        the expiration of such initial period; and
            ``(B) showing good cause for such extension.
    ``(2) If a motion for extension under paragraph (1) is filed after 
expiration of the initial period for the filing of a notice of appeal 
set forth in subsection (a), the notice of appeal shall be filed 
concurrently with, or prior to, the filing of the motion.''; and
            (3) in subsection (e), as redesignated by paragraph (1), by 
        striking ``subsection (c)(2)'' and inserting ``subsection 
        (d)(2)''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply 
with respect to notices of appeal filed on or after the date of the 
enactment of this Act.

SEC. 213. PILOT PROGRAM ON PARTICIPATION OF LOCAL AND TRIBAL 
              GOVERNMENTS IN IMPROVING QUALITY OF CLAIMS FOR DISABILITY 
              COMPENSATION SUBMITTED TO DEPARTMENT OF VETERANS AFFAIRS.

    (a) Pilot Program Required.--The Secretary of Veterans Affairs 
shall carry out a pilot program to assess the feasibility and 
advisability of entering into memorandums of understanding with local 
governments and tribal organizations--
            (1) to improve the quality of claims submitted to the 
        Secretary for compensation under chapter 11 of title 38, United 
        States Code; and
            (2) to provide assistance to veterans who may be eligible 
        for such compensation in submitting such claims.
    (b) Minimum Number of Participating Tribal Organizations.--In 
carrying out the pilot program required by subsection (a), the 
Secretary shall enter into memorandums of understanding with at least 
two tribal organizations.
    (c) Tribal Organization Defined.--In this section, the term 
``tribal organization'' has the meaning given that term in section 3765 
of title 38, United States Code.
                                 <all>