[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2288 Reported in House (RH)]

<DOC>





                                                  Union Calendar No. 84
115th CONGRESS
  1st Session
                                H. R. 2288

                          [Report No. 115-135]

    To amend title 38, United States Code, to reform the rights and 
    processes relating to appeals of decisions regarding claims for 
   benefits under the laws administered by the Secretary of Veterans 
                    Affairs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2017

 Mr. Bost (for himself, Ms. Esty of Connecticut, Mr. Roe of Tennessee, 
   Mr. Walz, Mr. Bilirakis, Mr. Takano, Mr. Coffman, Ms. Brownley of 
California, Mr. Wenstrup, Ms. Kuster of New Hampshire, Mrs. Radewagen, 
   Mr. O'Rourke, Mr. Poliquin, Miss Rice of New York, Mr. Dunn, Mr. 
  Correa, Mr. Arrington, Mr. Sablan, Mr. Rutherford, Mr. Peters, Mr. 
Higgins of Louisiana, Mr. Bergman, Mr. Banks of Indiana, Miss Gonzalez-
  Colon of Puerto Rico, and Ms. Titus) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

                              May 19, 2017

  Additional sponsors: Mr. Costello of Pennsylvania and Mr. Carter of 
                                Georgia

                              May 19, 2017

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed


_______________________________________________________________________

                                 A BILL


 
    To amend title 38, United States Code, to reform the rights and 
    processes relating to appeals of decisions regarding claims for 
   benefits under the laws administered by the Secretary of Veterans 
                    Affairs, and for other purposes.


 


    Be it enacted by the Senate and House of 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 any 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 claim can 
be granted in full, 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 claim 
can be granted in full, the Board shall remand the claim to the agency 
of original jurisdiction for correction of such error and 
readjudication.
    ``(B) Remand for correction of such error may 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 of a claim, 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 a request for review by an adjudicator at a different office 
of the agency of original jurisdiction without good cause.
    ``(c) Decision.--Notice of a higher-level review 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 such 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.
    ``(C) Nothing in this subsection shall prohibit a claimant from 
taking different actions set forth in paragraph (1) with respect to 
different claims.
    ``(D) The Secretary may, as the Secretary considers appropriate, 
develop and implement a policy for claimants who--
            ``(i) take an action under paragraph (1);
            ``(ii) wish to withdraw the action before the higher-level 
        review, supplemental claim, or notice of disagreement is 
        adjudicated; and
            ``(iii) in lieu of such action take a different 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.
    ``(c) BVA and CAVC.--Nothing in subsection (a) or (b) may be 
construed to limit the options available to a claimant pursuant to 
chapters 71 or 72 of this title.''.
            (2) Clerical amendment.--The table of 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
    ``If new and relevant evidence is presented or secured with respect 
to a supplemental claim, the Secretary shall readjudicate the claim 
taking into consideration any evidence added to the record prior to the 
former disposition of the claim.''.
            (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 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 Remanded 
Claims.--Section 5109B of such title is amended to read as follows:
``Sec. 5109B. Expedited treatment of remanded claims
    ``The Secretary shall take such actions as may be necessary to 
provide for the expeditious treatment by the Veterans Benefits 
Administration of any claim that is returned by a higher level 
adjudicator under section 5104B of this title or remanded by the Board 
of Veterans' Appeals.''.
    (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 on 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.''; and
                    (B) by amending subsection (b) to read as follows:
    ``(b)(1)(A) Except in the case of simultaneously contested claims, 
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 1-year period shall be accepted as timely filed.
    ``(C) A question as to timeliness or adequacy of the notice of 
disagreement shall be decided by the Board.
    ``(2)(A) Notices of disagreement shall be in writing, shall 
identify the specific determination with which the claimant disagrees, 
and may be filed by the claimant, the claimant's legal guardian, or 
such accredited 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 may 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 as may otherwise be 
provided by section 5104B or 5108 of this title or such regulations as 
are consistent with this title.'';
                    (D) by striking subsection (d) and inserting the 
                following new subsection (d):
    ``(d) The Board of Veterans' Appeals 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.--
            (1) In general.--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 subparagraph are the following:
            ``(i) Cases in which no Board hearing is requested and no 
        additional evidence will be submitted.
            ``(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 Docket That 
May Include 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 may develop and 
implement a policy allowing a claimant to move the claimant's case from 
one docket to another docket.''.
            (2) Report.--Not later than the date that is 90 days before 
        the date set forth in subsection (x), the Secretary shall 
        submit to the Committee on Veterans' Affairs of the Senate and 
        the Committee on Veterans' Affairs of the House of 
        Representatives a report setting forth a description of the 
        docket that will be maintained under section 7107 of title 38, 
        United States Code, as amended by paragraph (1), for cases in 
        which no hearing before the Board of Veterans' Appeals is 
        requested in the notice of disagreement but the appellant 
        requests, in the notice of disagreement, an opportunity to 
        submit additional evidence.
    (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 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 the 
        representative of the appellant, if any, at the Board hearing.
            ``(B) Evidence submitted by the appellant and the 
        representative of the appellant, if any, within 90 days 
        following the Board hearing.
    ``(c) Cases With No Request for a Hearing and With a Request for 
Additional Evidence.--(1) 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 the 
        representative of the appellant, if any, with the notice of 
        disagreement.
            ``(B) Evidence submitted by the appellant and the 
        representative of the appellant, if any, within 90 days 
        following receipt of the notice of 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 
                Committee on Veterans' Affairs of the Senate and the 
                Committee on Veterans' Affairs of the House of 
                Representatives--
                            (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 modernized 
                                appeals system; and
                                    (II) to timely address both appeals 
                                of decisions on legacy claims and 
                                appeals under the modernized appeals 
                                system; and
                            (ii) a description of the collaboration 
                        conducted under paragraph (2) in making such 
                        certification, including the views of the 
                        organizations and stakeholders specified in 
                        such paragraph.
            (2) Collaboration.--In determining whether and when to make 
        a certification under paragraph (1)(B)(i), the Secretary shall 
        collaborate with, 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.
            (3) Early applicability.--The Secretary may apply the 
        modernized appeals system to a claim with respect to which the 
        claimant--
                    (A) receives a notice of a decision under section 
                5104 of such title after the date of the enactment of 
                this Act and before the applicability date set forth in 
                paragraph (1); and
                    (B) elects to subject the claim to the modernized 
                appeals system.
            (4) Phased rollout.--The Secretary may begin implementation 
        of the modernized appeals system in phases, with the first 
        phase of such phased implementation beginning on the 
        applicability date set forth in paragraph (1).
            (5) Legacy claims.--With respect to legacy claims, upon the 
        issuance to a claimant of a statement of the case or a 
        supplemental statement of the case occurring on or after the 
        applicability date specified in paragraph (1), a claimant may 
        elect to participate in the modernized appeals system.
            (6) Publication of applicability date.--Not later than the 
        date on which the modernized appeals system goes into effect 
        (or the first phase of the modernized appeals system goes into 
        effect under paragraph (4), as the case may be), the Secretary 
        shall publish in the Federal Register such date.

SEC. 3. COMPREHENSIVE PLAN AND REPORTS FOR PROCESSING OF LEGACY APPEALS 
              AND IMPLEMENTING MODERNIZED APPEALS SYSTEM.

    (a) Plan Required.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committee on Veterans' Affairs of the Senate, the Committee on 
Veterans' Affairs of the House of Representatives, and the Comptroller 
General of the United States a comprehensive plan for--
            (1) the number of resolutions for appeals of decisions on 
        legacy claims that the Secretary considers pending;
            (2) implementing the modernized appeals system; and
            (3) timely processing, under the modernized 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).
    (b) Elements.--The plan required by subsection (a) shall include, 
at a minimum, the following:
            (1) An estimate (including a detailed description of the 
        bases the Secretary uses to develop such estimate) of the--
                    (A) numbers of appeals and the timeliness of 
                deciding appeals under the modernized appeals system, 
                including such number under each docket described in 
                section 7107 of title 38, United States Code, as 
                amended by section 2; and
                    (B) numbers of appeals of decisions on legacy 
                claims and the timeliness of deciding such appeals.
            (2) 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 modernized appeals system and resources required 
        to address the appeals of decisions on legacy claims.
            (3) Delineation of the personnel requirements of the 
        Administration and the Board, including staffing levels during 
        the--
                    (A) period in which the Administration and the 
                Board are concurrently processing--
                            (i) appeals of decisions on legacy claims; 
                        and
                            (ii) appeals of decisions on non-legacy 
                        claims under the modernized appeals system; and
                    (B) the period during which the Administration and 
                the Board are no longer processing any appeals of 
                decisions on legacy claims.
            (4) Identification of the legal authorities under which the 
        Administration or the Board may--
                    (A) hire additional employees to conduct the 
                concurrent processing described in 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.
            (5) 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.
            (6) 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 
        modernized appeals system, including cost estimates and a 
        timeline for making the modifications.
            (7) 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 modernized appeals system;
                    (B) a comparison of the estimate under subparagraph 
                (A) and the historical average time required by the 
                Administration and the Board to acquire new office 
                space; and
                    (C) a plan for using telework to accommodate staff 
                exceeding available office space, including how the 
                Administration and the Board will provide training and 
                oversight with respect to such teleworking.
            (8) Projections for the productivity of individual 
        employees at the Administration and the Board in carrying out 
        tasks relating to the processing of appeals of decisions on 
        legacy claims and appeals under the modernized appeals system, 
        taking into account the experience level of new employees and 
        the enhanced notice requirements under section 5104(b) of title 
        38, United States Code, as amended by section 2(e).
            (9) An outline of the outreach the Secretary 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 modernized appeals system, 
        including--
                    (A) a description of the resources required to 
                conduct such outreach; and
                    (B) timelines for such outreach.
            (10) Identification of and a timeline for--
                    (A) any training that may be required as a result 
                of hiring new employees to carry out the modernized 
                appeals system or to process appeals of decisions on 
                legacy claims; and
                    (B) any re-training of existing employees that may 
                be required to carry out such system or to process such 
                claims.
            (11) Identification of--
                    (A) the costs to the Department of the training 
                identified under paragraph (10) and any additional 
                training staff and any additional training facilities 
                that will be required to provide such training; and
                    (B) any issues relating to how the hiring and 
                training procedures of the Department may change 
                because of unplanned circumstances (including with 
                respect to delays in developing an information 
                technology system to process appeals under the 
                modernized appeals system) relating to carrying out the 
                modernized appeals system or to process appeals of 
                decisions on legacy claims.
            (12) Estimated timelines for updating any policy guidance, 
        internet websites, and official forms that may be necessary to 
        carry out the modernized 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.
            (13) A timeline, including interim milestones, for 
        promulgating such regulations as may be necessary to carry out 
        the modernized appeals system and a comparison with historical 
        averages for time required to promulgate regulations of similar 
        complexity and scope.
            (14) An outline of the circumstances under which claimants 
        with pending appeals of decisions on legacy claims would be 
        authorized to have their appeals reviewed under the modernized 
        appeals system.
            (15) A delineation of the key goals and milestones for 
        reducing the number of pending appeals that are not processed 
        under the modernized appeals system, including the expected 
        number for each of appeals, remands, and hearing requests at 
        the 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.
            (16) The metrics and goals used by the Secretary to monitor 
        the implementation of the modernized appeals system, including 
        with respect to--
                    (A) tracking progress of such implementation;
                    (B) evaluating the efficiency and effectiveness of 
                such implementation; and
                    (C) identifying potential issues with respect to 
                such implementation.
            (17) A description of each risk factor associated with each 
        element of the plan and a contingency plan to minimize each 
        such risk.
    (c) Review by Comptroller General of the United States.--
            (1) In general.--Not later than 90 days after the 
        Comptroller General of the United States receives the plan 
        required by subsection (a), the Comptroller General shall--
                    (A) assess such plan in writing; and
                    (B) submit to the Committee on Veterans' Affairs of 
                the Senate and the Committee on Veterans' Affairs of 
                the House of Representatives the findings of the 
                Comptroller General with respect to the assessment 
                conducted under subparagraph (A).
            (2) Elements.--The assessment conducted under paragraph 
        (1)(A) shall include the following:
                    (A) An assessment of whether the plan comports with 
                sound planning practices.
                    (B) Identification of any improvements the 
                Comptroller considers appropriate for the plan.
                    (C) Formulation of such recommendations as the 
                Comptroller General considers appropriate.
    (d) Periodic Reports.--On a quarterly basis during the period 
beginning 90 days after the date on which the Secretary submits the 
plan under subsection (a) and ending on the date that the Secretary 
implements the modernized appeals system, and on a semiannual basis 
during the 10-year period following such date of implementation, the 
Secretary shall submit to the Committee on Veterans' Affairs of the 
Senate, the Committee on Veterans' Affairs of the House of 
Representatives, and the Comptroller General a report on the modernized 
appeals system. Each such report shall include, with respect to the 
period covered by the report--
            (1) Any updates to the plan under subsection (a).
            (2) As applicable, the number of appeals considered under 
        the modernized appeals system, including--
                    (A) the number of such appeals, both with respect 
                to pending appeals and completed appeals, under each 
                docket described in section 7107 of title 38, United 
                States Code, as amended by section 2;
                    (B) the average wait time for each such docket and 
                the extent to which such wait times compare with the 
                established goals of the Secretary for such wait times; 
                and
                    (C) the average age of such appeals.
            (3) The number of appeals considered with respect to legacy 
        claims, including--
                    (A) the number of pending appeals and the number of 
                completed appeals;
                    (B) the average wait time and the extent to which 
                such wait times compare with the established goals of 
                the Secretary for such wait times; and
                    (C) the average age of such appeals.
            (4) The efficacy of the information systems of the 
        Department of Veterans Affairs to implement the modernized 
        appeals system.
            (5) An identification of any changes are necessary to 
        improve the modernized appeals system.
    (e) Report on Certain Docket.--Not later than the date that is 90 
days before the date set forth in section 2(x)(1), the Secretary shall 
submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
setting forth a description of the docket that will be maintained under 
section 7107 of title 38, United States Code, as amended by section 2, 
for cases in which no hearing before the Board of Veterans' Appeals is 
requested in the notice of disagreement but the appellant requests, in 
the notice of disagreement, an opportunity to submit additional 
evidence.

SEC. 4. PROGRAMS TO TEST ASSUMPTIONS RELIED ON IN DEVELOPMENT OF 
              COMPREHENSIVE PLAN FOR PROCESSING OF LEGACY APPEALS AND 
              SUPPORTING MODERNIZED 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 modernized 
        appeals system. The Secretary may not carry out such a program 
        until the Secretary notifies the Committee on Veterans' Affairs 
        of the Senate and the Committee on Veterans' Affairs of the 
        House of Representatives of the program, including the reasons 
        for carrying out the program.
            (2) Reporting required.--Whenever the Secretary determines, 
        based on the conduct of a program under paragraph (1), that 
        legislative changes to the modernized 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)(E).
            (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.--The Secretary may not carry out any program under 
this section after the date on the which the Secretary implements the 
modernized appeals system.

SEC. 5. PERIODIC PUBLICATION OF METRICS RELATING TO PROCESSING OF 
              APPEALS BY DEPARTMENT OF VETERANS AFFAIRS.

    On the first business day of each month the Secretary of Veterans 
Affairs shall publish on an internet website of the Department of 
Veterans Affairs the following:
            (1) As applicable, with respect to the processing by the 
        Secretary of appeals under the modernized appeals system of 
        decisions regarding claims for benefits under laws administered 
        by the Secretary:
                    (A) For the Veterans Benefits Administration, 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 the non-hearing, no-additional evidence 
                option docket of the Board of Veterans' Appeals 
                maintained pursuant to section 7107 of such title, as 
                amended by section 2(t), and any other docket 
                maintained by the Board under such section that 
                prohibits the submittal of additional evidence.
                    (F) The average number of days that appeals are 
                pending on dockets maintained under such section in 
                which hearings are requested or submittal of additional 
                evidence is allowed.
                    (G) The average number of days that an appeal is 
                pending on any other docket maintained by the Board 
                under such section.
                    (H) In the case that the Secretary develops and 
                implements a policy under section 7107(e) of such 
                title, as amended by section 2(t)--
                            (i) the number of cases moved from one 
                        docket to another pursuant to such policy;
                            (ii) the average time cases were pending 
                        prior to moving from one docket to another; and
                            (iii) the average time to adjudicate the 
                        cases after so moving.
                    (I) The total number of remands to obtain advisory 
                medical opinions under section 5109(d) of title 38, 
                United States Code, as added by section 2(i)(1).
                    (J) The average number of days between the date on 
                which the Board remands a claim to obtain an advisory 
                medical opinion under section 5109(d) of such title, as 
                so added, and the date on which the advisory medical 
                opinion is obtained.
                    (K) The average number of days between the date on 
                which the Board remands a claim to obtain an advisory 
                medical opinion under section 5109(d) of such title, as 
                so added, and the date on which the agency of original 
                jurisdiction issues a decision taking that advisory 
                opinion into account.
                    (L) 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.
                    (M) The number of claimants each year that take 
                action within the period set forth in section 
                5110(a)(2) of such title, as added by section 2(l), to 
                protect their effective date under such section 
                5110(a)(2), disaggregated by the status of the 
                claimants taking the actions, such as whether the 
                claimant is represented by a veterans service 
                organization, the claimant is represented by an 
                attorney or accredited agent, or the claimant is taking 
                such action pro se.
                    (N) The total number of times on average each 
                claimant files under section 5110(a)(2) of such title, 
                as so added, to protect their effective date under such 
                section, disaggregated by the subparagraph of such 
                section under which they file.
                    (O) The average duration, from the filing of an 
                initial claim until the claim is resolved and claimants 
                no longer take any action to protect their effective 
                date under section 5110(a)(2) of such title, as so 
                added--
                            (i) of claims under the modernized appeals 
                        system, excluding legacy claims that opt in to 
                        the modernized appeals system; and
                            (ii) of legacy claims that opt in to the 
                        modernized appeals system.
                    (P) How frequently an action taken within one year 
                to protect an effective date under section 5110(a)(2) 
                of such title, as so added, leads to additional grant 
                of benefits, disaggregated by action taken.
                    (Q) The average of how long it takes to complete 
                each segment of the claims process while claimants are 
                protecting the effective date under such section, 
                disaggregated by the time waiting for the claimant to 
                take an action and the time waiting for the Secretary 
                to take an action.
                    (R) The number and the average amount of 
                retroactive awards of benefits from the Secretary as a 
                result of protected effective dates under such section, 
                disaggregated by action taken.
                    (S) The average number of times claimants submit to 
                the Secretary different claims with respect to same 
                condition, such as an initial claim and a supplemental 
                claim.
                    (T) The number of cases each year in which a 
                claimant inappropriately tried to take simultaneous 
                actions, such as filing a 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.
                    (U) In the case that the Secretary develops and 
                implements a policy under section 5104C(a)(2)(D) of 
                such title, as amended by section 2(h)(1), the number 
                of actions withdrawn and new actions taken pursuant to 
                such policy.
                    (V) The number of times the Secretary received 
                evidence relating to an appeal or higher level review 
                at a time not authorized under the modernized appeals 
                system, disaggregated by actions taken by the Secretary 
                to deal with the evidence and how long on average it 
                took to take those actions.
                    (W) The number of errors committed by the Secretary 
                in carrying out the Secretary's duty to assist under 
                section 5103A of title 38, United States Code, that 
                were identified by higher level review and by the 
                Board, disaggregated by type of error, such as errors 
                relating to private records and inadequate 
                examinations, and a comparison with errors committed by 
                the Secretary in carrying out such duty with respect to 
                appeals of decisions on legacy claims.
                    (X) An assessment of the productivity of employees 
                at the regional offices and at the Board, disaggregated 
                by level of experience of the employees.
            (2) With respect to the processing by the 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 the appeal 
                with the Secretary until all appeals and remands 
                relating to such are completed.
                    (E) The average number of times claimants submit to 
                the Secretary different claims with respect to 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).
            (3) With respect to the processing by the Secretary of 
        appeals of decisions on legacy claims that opt in to the 
        modernized appeals system, the following:
                    (A) The cumulative number of such legacy claims.
                    (B) The portion of work in the modernized 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 modernized 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) The term ``claimant'' has the meaning given such term 
        in section 5100 of title 38, United States Code.
            (2) 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)(1).
            (3) The term ``opt in'' means, with respect to a legacy 
        claim of a claimant, that the claimant elects to subject the 
        claim to the modernized 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) The term ``modernized 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.
                                                  Union Calendar No. 84

115th CONGRESS

  1st Session

                               H. R. 2288

                          [Report No. 115-135]

_______________________________________________________________________

                                 A BILL

    To amend title 38, United States Code, to reform the rights and 
    processes relating to appeals of decisions regarding claims for 
   benefits under the laws administered by the Secretary of Veterans 
                    Affairs, and for other purposes.

_______________________________________________________________________

                              May 19, 2017

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed