[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]]

  

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