[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2288 Enrolled Bill (ENR)]
H.R.2288
One Hundred Fifteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen
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 Secretary.
``(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--
(1) by redesignating subsections (e) through (g) as subsections
(g) through (i), respectively; and
(2) by inserting after subsection (d) the following new
subsections:
``(e) Applicability of Duty to Assist.--(1) The Secretary's duty to
assist under this section shall apply only to a claim, or supplemental
claim, for a benefit under a law administered by the Secretary until
the time that a claimant is provided notice of the agency of original
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 jurisdiction,
pursuant to section 5104B of this title, or to review on appeal by the
Board of Veterans' Appeals.
``(f) Correction of Duty to Assist Errors.--(1) If, during review
of the agency of original jurisdiction decision under section 5104B of
this title, the higher-level adjudicator identifies or learns of an
error on the part of the agency of original jurisdiction to satisfy its
duties under this section, and that error occurred prior to the agency
of original jurisdiction decision being reviewed, unless the Secretary
may award the maximum benefit in accordance with this title based on
the evidence of record, the higher-level adjudicator shall return the
claim for correction of such error and readjudication.
``(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.--
(1) In general.--Chapter 51 of such title is amended by
inserting after section 5104 the following new section:
``Sec. 5104A. Binding nature of favorable findings
``Any finding favorable to the claimant as described in section
5104(b)(4) of this title shall be binding on all subsequent
adjudicators within the Department, unless clear and convincing
evidence is shown to the contrary to rebut such favorable finding.''.
(2) Clerical amendment.--The table of 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 Jurisdiction.--
(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:
``Sec. 5104B. Higher-level review by the agency of original
jurisdiction
``(a) In General.--(1) A claimant may request a review of the
decision of the agency of original jurisdiction by a higher-level
adjudicator within the agency of original jurisdiction.
``(2) The Secretary shall approve each request for 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 pursuant
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 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:
``Sec. 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
adjudicated; 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 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:
``Sec. 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 evidence 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:
``Sec. 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 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 decision.
``(B) A supplemental claim under section 5108 of this title on
or before the date that is one year after the date on which the
agency of original 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
supplemental claims received more than one year after the date on which
the agency of original jurisdiction issued a decision or the Board of
Veterans' Appeals issued a 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
``readjudicated'';
(B) by striking ``material'' and inserting ``relevant'';
and
(C) by striking ``reopening'' and inserting
``readjudication''.
(m) Definition of Award or Increased Award for Purposes of
Provisions Relating to Commencement of Period of Payment.--Section
5111(d)(1) of such title is amended by striking ``or reopened award''
and inserting ``award or award based on a supplemental claim''.
(n) Modification of Limitation on Fees Allowable for
Representation.--Section 5904(c) of such title is amended, in
paragraphs (1) and (2), by striking ``notice of disagreement is filed''
both places it appears and inserting ``claimant is provided notice of
the agency of original jurisdiction's initial decision under section
5104 of this title''.
(o) Clarification of Board of Veterans' 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 submittal
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--
``(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 following
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
disagreement 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:
``Sec. 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.
``(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''.
(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:
``Sec. 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 Veterans' Appeals is
not requested in the notice of disagreement and no request was made to
submit evidence, the evidentiary record before the Board shall be
limited to the evidence of record at the time of the decision of the
agency of original jurisdiction on appeal.
``(b) Cases With a Request for 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.--Section 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''.
(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
subsection, the amendments made by this section shall apply to all
claims for which notice of a decision under section 5104 of title
38, United States Code, is provided by the Secretary of 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 appropriate
committees of Congress--
(i) a certification that the Secretary confirms,
without 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
certification under clause (i)(III) and a comparison of
such expected performance outcomes with actual performance
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 stakeholders as the
Secretary considers appropriate.
(3) Early applicability.--The Secretary may apply the new
appeals system to a claim with respect to which the claimant--
(A) receives a notice of a decision under section 5104 of
such title after the date of the enactment of this Act and
before the 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 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
Representatives.
(B) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized 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
(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 adjudicators
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 Administration
and the Board will require to acquire any additional office
space to carry out processing of appeals of decisions on legacy
claims and processing of appeals under the 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 veterans,
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 promulgating
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 complexity 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 Administration 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.--
(1) In general.--Not later than 90 days after the Comptroller
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 paragraph (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 Comptroller
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 DEVELOPMENT 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 comprehensive plan
required by section 3(a) and to test the feasibility and
advisability of any facet of the new appeals system.
(2) Reporting required.--Whenever the Secretary determines,
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 determination.
(b) Department of Veterans Affairs Program on Fully Developed
Appeals.--
(1) In general.--The Secretary of Veterans Affairs may, under
subsection (a)(1), carry out a program to provide the option of an
alternative 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 Secretary shall conduct
outreach as follows:
(i) The Secretary shall provide to the claimant (and to
the representative of record of the claimant, if any)
information regarding--
(I) the program, including the advantages and
disadvantages of the program;
(II) how to make an election under subparagraph
(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;
(IV) the ability of the claimant to seek advice and
education regarding such process from veterans 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 appropriate to
publish on the Internet website of the Department 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 separate
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
(II) if a claimant submits or identifies any such
new evidence, such submission or identification shall
be deemed to be an election to make such a reversion
pursuant to paragraph (2)(D).
(ii) Evidence gathered by board.--Clause (i) shall not
apply to evidence developed pursuant to subparagraphs (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 representative 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 representative determines necessary
during a period specified by the Board for purposes of this
subparagraph.
(D) Prohibition on remand for additional development.--If
the Board of Veterans' Appeals determines that a fully
developed appeal requires Federal records, independent 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, opinions, 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 examinations
during which the claimant may provide the Board any
additional evidence without requiring the claimant to make
a reversion pursuant to paragraph (2)(D).
(E) Development unit.--
(i) Establishment.--The Board of Veterans' Appeals
shall establish an office to develop Federal records,
independent medical opinions, and new medical examinations
pursuant to subparagraph (D)(i) that the Board determines
necessary to decide a fully developed appeal.
(ii) Requirements.--The Secretary shall--
(I) ensure that the Veterans Benefits
Administration cooperates with the Board of Veterans'
Appeals in carrying out clause (i); and
(II) transfer employees of the Veterans Benefits
Administration who, prior to the enactment of this Act,
were responsible for processing 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 determines sufficient to carry out
such subparagraph.
(F) Hearings.--Notwithstanding section 7107 of title 38,
United States Code, the Secretary may not provide hearings with
respect to fully developed appeals under the program. If a
claimant requests to hold a hearing pursuant to such section
7107, such request shall be deemed to be an election to revert
to the standard 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 subparagraph (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 developed
appeal'' means an appeal of a claim for disability compensation
that is--
(i) filed by a claimant in accordance with paragraph
(2)(A); and
(ii) considered in accordance with this subsection.
(C) Standard appeal.--The term ``standard appeal'' means an
appeal of a claim for disability compensation that is not a
fully developed appeal.
(c) Termination 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 PROCESSING 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 Department 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.
(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 implemented
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 organization, 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
(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 protecting
the effective date under such section, disaggregated by the
time waiting for the claimant to take an action and the time
waiting for the Secretary to take an action.
(P) The number and the average amount of retroactive awards
of benefits from the Secretary as a result of protected
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 implements
a policy under section 5104C(a)(2)(D) of such title, as amended
by section 2(h)(1), the number of actions withdrawn and new
actions taken pursuant to such policy.
(T) The number of times the Secretary received evidence
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 maintained
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 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 evidence, or a claim
for an increase in benefits.
(F) An assessment of the productivity of employees at the
regional offices and at the Board, disaggregated by level of
experience of the employees.
(G) The average number of days the 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 pursuant 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.
(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 section
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 Secretary
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 prescribe for
purposes of carrying out this Act and the amendments made by
this Act.
(4) New appeals system.--The term ``new appeals system'' means
the set of processes and mechanisms by which the Secretary
processes, pursuant to the authorities and requirements modified by
section 2, claims for benefits under laws administered by the
Secretary.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.