Congressional Record, Volume 163 Issue 89 (Tuesday, May 23, 2017)

[Congressional Record Volume 163, Number 89 (Tuesday, May 23, 2017)]
[House]
[Pages H4457-H4467]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

VETERANS APPEALS IMPROVEMENT AND MODERNIZATION ACT OF 2017

Mr. ROE of Tennessee. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 2288) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 2288

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

[[Page H4458]]

(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 different issues contained within
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) Board of Veterans' Appeals and Court of Appeals for
Veterans Claims.--Nothing in subsection (a) or (b) may be
construed to limit the options available to a claimant
pursuant to chapter 71 or 72 of this title.''.
(2) Clerical amendment.--The table of 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 after 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.''.

[[Page H4459]]

(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.

[[Page H4460]]

``(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--

[[Page H4461]]

(A) period in which the Administration and the Board are
concurrently processing--
(i) appeals of decisions on legacy claims; and
(ii) appeals of decisions on nonlegacy claims under the
modernized appeals 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 retraining of existing employees that may be
required to carry out such system or to process such claims.
(11) Identification of--
(A) the costs to the Department of the training identified
under paragraph (10) and any additional training staff and
any additional training facilities that will be required to
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.
(18) A detailed description of which employees of the
Department will conduct higher level reviews under section
5104B of title 38, United States Code, as added by section
2(g).
(c) Review by Comptroller General of the United States.--
(1) In general.--Not later than 90 days after the
Comptroller General of the United States 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
General 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 seven-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, the
following:
(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) With respect to the Veterans Benefits Administration
and the Board of Veterans' Appeals--
(A) the number of supplemental claims under section 5108 of
such title, as added by section 2(i), that were denied
because the supplemental claims did not include new and
relevant evidence;
(B) the number of higher level reviews filed under section
5104B of such title, as added by section 2(g), that did not
include new and relevant evidence, listed by the disposition
of the higher level review; and
(C) the number of appeals filed that did not include new
and relevant evidence, listed by each docket described in
section 7107 of such title, as amended by section 2, and the
determination of the Board.
(6) With respect to any average wait time relating to
appeals not otherwise specified in this subsection--
(A) whether the Secretary is meeting any established wait-
time goals of the Secretary; and
(B) if so, the percentage of appeals meeting such goals.
(7) An identification of any changes that are necessary to
improve the modernized appeals system.

SEC. 4. PROGRAMS TO TEST ASSUMPTIONS RELIED ON IN DEVELOPMENT
OF COMPREHENSIVE PLAN FOR PROCESSING OF LEGACY
APPEALS AND SUPPORTING MODERNIZED APPEALS
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

[[Page H4462]]

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)(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.--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:

[[Page H4463]]

(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 nonhearing, 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
appeals 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.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Roe) and the gentleman from Minnesota (Mr. Walz) each
will control 20 minutes.
The Chair recognizes the gentleman from Tennessee.

General Leave

Mr. ROE of Tennessee. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days within

[[Page H4464]]

which to revise and extend their remarks and to insert extraneous
material in the Record on H.R. 2288, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today to ask my colleagues to support H.R. 2288,
as amended.
First, I want to thank the Disabilities Assistance and Memorial
Affairs Subcommittee Chairman Bost and Ranking Member Esty for their
hard work in bringing H.R. 2288 to the floor. I also want to thank
every member of the Veterans' Affairs Committee, both Republican and
Democrat, who all are original cosponsors of this bill.
The committee has been working on overhauling the VA's appeals
process, which was established back in 1933. The problem is that the
current system is slow, cumbersome, frustrating, and full of
bureaucratic red tape. As a result, there are currently 470,000
veterans, many of whom may have been injured in the line of duty, who
are waiting for a decision on their appeal. Many of these folks have
been waiting for more than 5 years, and veterans are filing more
appeals every day.
Last year, VA Deputy Secretary Sloan Gibson testified that if
Congress doesn't pass reform soon, by 2027, veterans may have to wait
as long as 10 years to get a decision on their appeal. Think about
that. In 2027, men and women who served our Nation may have to wait a
decade to get a decision on their appeal.
These veterans have bills to pay and families to support. Even worse,
they may need medical treatments that they can't get from the VA
because their appeal hasn't been decided.
Mr. Speaker, one of the dearest friends I have had in my life died a
little over 2 years ago, waiting on a decision on an appeal.
H.R. 2288 would help streamline the VA's appeals process, while
giving veterans more options and protecting their due process rights.
This legislation includes a compromise agreement that was reached
between VA and the veterans service organizations which passed the
House last Congress as part of H.R. 5620.
We have added a few improvements since last year. For example, we
have expanded the bill to allow some veterans who are currently having
pending appeals to opt in to the new system. I really believe that the
changes in this bill will make a difference and help expedite the
process so that veterans can get a decision on their appeal and then
get on with their lives.
I am going to pull out all the stops to get this bill on the
President's desk as soon as possible. We are talking with our
colleagues in the Senate, including Chairman Isakson, Ranking Member
Tester, and Senator Blumenthal, to resolve a few minor differences
between the House version and the Senate version.
The sooner we get this bill passed, the sooner our Nation's veterans
will be able to get their decisions on appeal in a timely manner.
Veterans deserve no less.
Mr. Speaker, I ask my colleagues to support H.R. 2288, as amended,
and I reserve the balance of my time.
Mr. WALZ. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of the manager's amendment to
H.R. 2288, the Veterans Appeals Improvement and Modernization Act of
2017. This has truly proven to be a once-in-a-generation opportunity to
reform the disability claims process for the benefit of our Nation's
veterans.
I want to specifically thank Chairman Roe for bringing this bill to
the floor today and for ensuring that the entire process that got us
here was open, fair, bipartisan, and followed regular order. It is
gratefully appreciated, and I think we end up with a good piece of
legislation because of his leadership.
I also want to recognize the efforts of our colleagues, the chairman
of the Disability Assistance and Memorial Affairs Subcommittee, Mr.
Bost. He has been an incredible addition to the VA committee and dug
his heels in on this one and got us this far, so I thank him; and to
his counterpart on our side of the aisle, Ranking Member Esty, for
exceptional work that they have done together to get this bill to the
floor.
I would also like to thank our veterans service organizations. This
is how I think the American people think legislation should be brought;
on issues at hand, experts are brought in, Representatives talk. The
expertise that was brought by the VSOs helped us work out some of the
kinks. It is not perfect, but the coalition got us to a point where I
think many of us are comfortable moving forward.
The bill is complicated. To those who still have concerns in the
process, let us know. There is still work to be done. It is still
working in the Senate, but there is an openness that has been expressed
through the entire process.
Secretary Shulkin and the VA leadership have been vital in this
effort. They helped pull the stakeholders together, providing the
technical expertise to help us understand what it takes over the past
several years.
I want to recognize our former colleague on the committee, Dina
Titus. She is going to be speaking a little bit later, but I think what
is so important on veterans issues, members come and go from the
committee, but their commitment to getting this right stays. And her
tenaciousness in the 114th Congress laid the groundwork for this.
So in short, Mr. Speaker, as you heard the chairman say, there are
470,000 veterans. Each one of them is an individual. Each one of them
is someone's friend, father, mother, sister, brother. It is time we
peel back the layers of the complicated rules governing the process,
modernize it with new technology, and get the benefits delivered in a
timely manner to those who have earned them. I support the manager's
amendment to H.R. 2288 and encourage all my colleagues to do the same.
Mr. Speaker, I reserve the balance of my time.

{time} 1445

Mr. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the gentleman
from Illinois (Mr. Bost), chairman of the DAMA Subcommittee.
Mr. BOST. Mr. Speaker, I thank the chairman for yielding.
Mr. Speaker, I rise today in support of my bipartisan legislation,
H.R. 2288, the Veterans Appeals Improvement and Modernization Act of
2017, as amended. The legislation is a product of hard work between the
Department of Veterans Affairs, veterans service organizations,
committee staff, and committee members.
This bill gives veterans more options when pursuing the appeals claim
by creating three pathways or lanes: Lane one allows for the veteran to
request that a new individual review their case without a hearing,
which will allow a faster response time from the VA on their appeal;
lane two allows a veteran to request a hearing; and lane three sends
the appeal directly to the Board of Veterans Appeals. These three
lanes, working together, will speed up the process for our Nation's
veterans and ensure that the appeals system works for them.
An important compromise in this legislation also allows for veterans
to keep the original effective date of their claim as long as they
filed the necessary paperwork within 1 year of a VA's decision. This is
another way to ensure that the appeals system is working for the
veterans. It is important that we do not leave any veteran behind.
My colleagues and I have worked to ensure that some of the more than
470,000 veterans with a current appeal in the system will have the
opportunity at certain points to opt into the new system. This will
help the veterans who have been waiting for years to hear from the VA.
This bill also ensures transparency in the VA implementation. This
new system, by requiring rigorous reports from the Department, ensures
that all veterans are treated fairly.
In closing, I especially want to recognize and thank the Disability
Assistance and Memorial Affairs ranking member, Ms. Esty, for her hard
work and help in crafting this legislation.
I encourage all of my colleagues to support H.R. 2288, as amended.
Mr. WALZ. Mr. Speaker, I yield 6 minutes to the gentlewoman from
Connecticut (Ms. Esty), my good friend, ranking member of the
Disability Assistance and Memorial Affairs Subcommittee.

[[Page H4465]]

Ms. ESTY of Connecticut. Mr. Speaker, I rise in support of H.R. 2288,
the Veterans Appeals Improvement and Modernization Act of 2017, as
amended.
First, I want to thank our excellent chairman, Dr. Roe, and ranking
member, Mr. Walz, for their dedication and hard work. It has been a
pleasure to work on this important legislation during my first term as
ranking member of the Veterans Affairs' Committee Disability Assistance
and Memorial Affairs Subcommittee.
I want to give special thanks to my new friend, our subcommittee
chairman, Mr. Bost, for his leadership on this issue and for ensuring
that the legislative process was bipartisan at every turn.
I want to acknowledge and thank Congresswoman Dina Titus for her
leadership on this issue, as she helped pass similar legislation that
formed the basis for our work here in this Congress.
Mr. Speaker, claims appeals are backing up. Veterans in Connecticut
and across the country are waiting for far too long for the benefits
they have earned through their hard service to this country.
When a veteran asks my office for help appealing their claim, it is
frustrating and embarrassing to have to explain that the process could
take more than 5 years. The backlog will only get worse if we do not
reform the process. Some veterans could be waiting as long as 10 years,
as we have heard from Chairman Roe and from Ranking Member Walz, if we
don't reform things now.
With the new process created under this bill, if it is properly
implemented, many veterans would see a clearer, definitive appeals
decision in as little as a year. I have seen in Connecticut that, when
an appeal is granted, it can change the way a veteran lives. But it is
also proof to that veteran that their service is being honored.
That is why it is so unacceptable that the current process is failing
so many veterans. It forces them to navigate layers of red tape and
duplicative review. The slow grinding of the appeals process chips away
at our veterans' faith that they will ever be fairly compensated for
injuries that they sustained in service to our country.
Our goal with this bill is to establish a new process that is simple,
fair, transparent, and, wherever possible, speedy.
As we have heard, there are 470,000--yes, 470,000--veterans with
disability appeals pending right now, and that is something we should
be able to address, Democrats and Republicans, without regard to party.
We owe a faster, better appeals process not only to our veterans who
have served, but to those who wear the uniform right now.
Our men and women in uniform deserve to know that the benefits that
they have been promised when they signed up will be there for them if,
God forbid, something happens to them and they are injured in serving
our country.
I would like to thank all of the veterans and veterans service
organizations who shared their ideas and their concerns with us as we
worked hard to craft this legislation. Voices from the veterans
community were invaluable as we developed this bill and will be
essential as we move forward to ensure that the new process works well.
I also want to thank the VA itself for having been such a good
partner in this effort. It is important to remember that this is just
the first step towards reforming the appeals process. If this bill is
going to be successful, it will require a lot of work from our
committee, from the VA, oversight by Congress, and we must take care to
ensure that legacy appeals do not get lost in the process. Congress
must also provide the resources necessary for the new appeals system to
work well for our veterans.

I want to thank, again, Chairman Roe and Ranking Member Walz for
making reforming the appeals system a top priority of the committee for
this year and for their dedication working together in a bipartisan
way.
I urge all of my colleagues to support this important legislation and
to commit to keep working together to get the job done.
Mr. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the gentleman
from Florida (Mr. Dunn), an active member on the committee and a
veteran.
Mr. DUNN. Mr. Speaker, I rise in support of H.R. 2288, the Veterans
Appeals Improvement and Modernization Act of 2017.
This important legislation will update and streamline the
bureaucratic nightmare that is the disability appeals process. This
bill breaks appeals down into three lanes to expedite decisionmaking
and improves the ability of veterans to offer new information about
their condition. The bill requires Secretary Shulkin to provide a
comprehensive plan of how he plans to implement the crucial changes
which are supported by both the VFW and the American Legion.
Our men and women in uniform served with the assurance that they
would be well treated when they came home. They earned and they deserve
timely service from their government. Instead, veterans wait years to
hear from an out-of-date, backlogged appeals system. Sometimes that
process takes 5 years--5 years. That is an insult to their service, and
it is an insult that we cannot tolerate.
Our veterans fought for their country abroad. Now it is our job to
ensure that they don't have another fight when they come home. Mr.
Speaker, I urge all of my colleagues to support this important
legislation.
Mr. WALZ. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Takano), my friend and the vice ranking member of the
full Committee on Veterans' Affairs.
Mr. TAKANO. Mr. Speaker, I thank my ranking member, Mr. Walz, for
yielding time.
Mr. Speaker, I rise today in support of H.R. 2288 the Veterans
Appeals Improvement and Modernization Act of 2017.
Over the past 5 years, the number of pending appeals at the VA has
skyrocketed by 40 percent and now sits at nearly half a million cases.
The average processing time for an appeal is 3 years. Republicans and
Democrats agree, the VA agrees, veterans service organizations agree,
and, most importantly, veterans agree that we need to fix this broken
process.
I am pleased that my colleagues on the committee have come together
to develop a bipartisan solution that reduces the overly complicated
appeals process, shortens the time a veteran will wait for a decision,
and preserves a veteran's full length of benefits if their appeal is
decided favorably.
This legislation has taken a lot of time and effort. I applaud my
colleagues Ms. Titus and Mr. Miller for laying the groundwork in the
last Congress, and Ms. Esty and Mr. Bost for carrying this legislation
into the 115th Congress.
I am very, very proud of all the work done by the committee staff to
bring this together, and I am grateful to the dedicated VSOs and the VA
for their input. This is a great example of how we can put aside our
partisan differences and make our veterans' lives better.
Mr. Speaker, I support this bill and urge all of my colleagues to
vote for it.
Mr. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Puerto Rico (Miss Gonzalez-Colon), a new member of our
committee and the only representative from Puerto Rico.
Miss GONZALEZ-COLON of Puerto Rico. Mr. Speaker, today I must first
thank Chairman Roe for all of his leadership and work on behalf of our
veterans. I also thank Representative Bost and all of our committee
members for allowing me to contribute to this effort.
Today I rise to support H.R. 2288, the Veterans Appeals Improvement
and Modernization Act. This bill will provide timely justice to the
brave Americans who gave their best in the name of democracy, freedom,
and the continuing greatness of our Nation.
As the sole representative of more than 93,000 registered veterans in
Puerto Rico, I established a Veterans Affairs Task Force, and one of
the main complaints they have is about the Veterans Administration's
and Board of Veterans Appeals' slow processing of their claims.
I believe every veterans service organization hears similar
complaints. The most recent statistics reveal a 5,000-case backlog for
claims originally filed by Puerto Rican veterans. One such Puerto Rican
claim has gone on for over 12 years, other claims for over 5

[[Page H4466]]

years. As of this date, the veterans are still waiting for the Board of
Veterans Appeals' decisions. This is not the justice system our
veterans deserve.

I am a proud sponsor of this bill, and this bill will provide heroic
veterans a system that is adjusted to their needs.
Mr. WALZ. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Correa), my good friend and, more importantly, a friend
to all veterans, a new member of the Veterans' Affairs Committee.
Mr. CORREA. Mr. Speaker, I thank Ranking Member Walz.
Mr. Speaker, first, I want to thank Chairman Roe and Ranking Member
Walz for giving me the opportunity to share my enthusiastic support for
this bill, H.R. 2288. I also want to thank Mr. Bost and Ms. Esty for
their remarkable leadership in guiding this legislation to the floor
and for taking the steps to finally fix the appeals process.
I stand here today to support the Veterans Appeals Improvement and
Modernization Act. This legislation reforms the VA appeals process so
that our veterans can begin to receive the benefits they have earned
through their dedication to our country.
Veterans in California and all across America, including those in my
district, currently face a backlog of sometimes more than 5 years to
get their benefits. This is not acceptable, and that is why I am
pleased to support this bipartisan legislation.
A veteran who files a disability claim for an injury that they
sustained during their military service is issued a VA rating decision,
which either grants or denies a claim. If a veteran disagrees with the
outcome, they may appeal the VA's decision and then wait and wait and
wait. This bill will improve the process by creating a multiple appeal
streams, which will accelerate the process.
Our veterans who suffered injury during their time in service can now
be assured that they will be one step closer to having their appeals
cases reviewed and decided in a timely manner.
Mr. ROE of Tennessee. Mr. Speaker, I yield 2 minutes to the gentleman
from Pennsylvania (Mr. Costello), a former member of our committee.

{time} 1500

Mr. COSTELLO of Pennsylvania. Mr. Speaker, this bill will improve the
appeals process at the Department of Veterans Affairs, which is
currently operating under a significant backlog.
Last session, when I served on the VA Committee, a major focus was
reforming the repeals process to better serve veterans' appeals rights.
My office has assisted hundreds of veterans, many of whom have
struggled with the appeals process and several of whom have struggled
with getting the care they need in a timely manner.
One individual my office worked with estimated the entire process,
from when he first began seeking benefits until the recent favorable
decision from the Board of Veterans Appeals, lasted 20 years.
Mr. Speaker, it is clear a solution is needed.
This legislation would set out to improve the claims process by
providing veterans with three lanes--or three choices--as to how they
would like to proceed with an appeal.
These choices include: one, having the original evidence reviewed
again; or, two, introducing new evidence and having another hearing;
or, three, sending the decision directly to the Board of Veterans
Appeals.
The VA's current 5-year appeal wait time is simply not acceptable for
our veterans.
I am proud to be a cosponsor of this legislation, which is an
appropriate solution to this problem. It will streamline many claims
and also enable a more efficient administrative handling of those
claims.
I thank the leadership of Chairman Roe and those on the Veterans'
Affairs Committee. I urge my colleagues to support H.R. 2288.
Mr. WALZ. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Nevada (Ms. Titus), a good friend and former ranking
member of the Disability Assistance and Memorial Affairs Subcommittee,
and someone who has worked on this almost longer than anyone in the
House.
Ms. TITUS. Mr. Speaker, I thank Ranking Member Walz for his
leadership, for bringing this bill, and for allowing me to stay
involved even though I am no longer on the committee. Likewise, I thank
Dr. Roe for all that he has done for veterans.
Mr. Speaker, I rise in very strong support of H.R. 2288, the Veterans
Appeals Improvement and Modernization Act.
Fixing this outdated system was one of my top priorities while I
served as ranking member of the VA Disability Assistance and Memorial
Affairs Subcommittee. When I assumed that position, much of the focus
was on the VA disability claims backlog, which had ballooned, causing
many veterans to wait almost 2 years just for their initial claim
decision. After that backlog was addressed and reduced, the problem
shifted to the appeals process, where today, as you have heard, almost
470,000 veterans are currently waiting in an overburdened and
overcomplicated system that was first developed in the 1930s and last
updated in the 1980s.
I regularly hear from my veteran constituents who are stuck in this
appeals process about the need for reform. One veteran we are helping
in Las Vegas has been working since August of 2013 to have his appeal
adjudicated; and another Nevada veteran who, out of desperation, came
to my office, took 4 years to complete his process.
So, obviously, the current system is just unacceptable. If we don't
act, it is only going to get worse. We have heard statistics that soon
veterans may be waiting for more than a decade just to have their
appeals adjudicated.
Last year, working closely with the VA, with the committee, and with
many of our partners in the VSO community, I introduced legislation to
address this outdated process. I am very proud that my proposal is the
basis for the legislation we are considering today.
The changes that were made to that legislation are positive
additions, and I appreciate the work that Chairman Bost and Ranking
Member Esty have done to improve the bill and bring it to the floor.
I encourage all of my colleagues on both sides of the aisle to come
together to recognize, to help, to assist our veterans, and support
this bill. I want us to tell our friends in the Senate: You have got to
act quickly, too. We have got to get this done.
Mr. WALZ. Mr. Speaker, I yield myself the balance of my time.
Again, I applaud all the work that was done on behalf of our veterans
and those that are waiting. I thank the professional staff on both
sides of the aisle for doing that.
Mr. Speaker, I thank this House for proving to the American people
that we can work together for a common good. We can make improvements
and we can move things along as they are meant to be.
Mr. Speaker, I yield back the balance of my time.
Mr. ROE of Tennessee. Mr. Speaker, I yield myself the balance of my
time.
I, too, want to echo what Mr. Walz has said. It has been a pleasure
to work on this and what has been done in the previous Congress. I
think this is one of the most important bills that we voted on in the
Veterans' Affairs Committee since I have been in Congress. It is the
thing we hear about back home, Mr. Speaker, which is disability claims.
I think this actually will speed up that process and adjudicate those
claims.
I, too, thank all the staff and both subcommittee chairs and ranking
members for their hard work.
Mr. Speaker, once again, I urge all Members to support H.R. 2288, as
amended, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Duncan of Tennessee). The question is on
the motion offered by the gentleman from Tennessee (Mr. Roe) that the
House suspend the rules and pass the bill, H.R. 2288, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROE of Tennessee. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.

[[Page H4467]]

____________________