,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #deg  ,,in ,,the ,,house ,,of   
,,representatives  ,january #aa1        
#bjag,ms4 ,titus introduced the         
following bill2 which was referred to   
the ,committee on ,veterans' ,affairs   
,a ,,bill  ,to amend title #ch1 ,united 
,states ,code1 to improve the appeals   
process of the ,department of ,veterans 
,affairs4  #a4 ,short title ,this ,act  
may be cited as the ,,va ,appeals       
,modernization ,act of #bjag4  #b4      
,appeals reform  7a7 ,section #aja of   
title #ch1 ,united ,states ,code1 is    
amended by adding at the end the        
following new paragraphs3  7#cd7 ,the   
term ,agency of ,original ,jurisdiction 
means the activity which entered the    
original determination with regard to a 
claim for benefits under this title4    
7#ce7 ,the term relevant evidence means 
evidence that tends to prove or disprove
 a matter in issue4  4  7b7 ,section    
#eajc of title #ch1 ,united ,states     
,code1 is amended-- 7#a7 in subsection  

7a77#b77;,b77i7 by striking 1 a claim   
for reopening a prior decision on a     
claim1 or a claim for an increase in    
benefits2 and inserting or a            
supplemental claim22 and  7#b7 in       
subsection 7b7 by adding at the end the 
following new paragraph3  7#f7 ,nothing 
in this section shall require notice to 
be sent for a supplemental claim that is
 filed within the timeframe set forth in
 subsections 7a77#b77;,b7 and           
7a77#b77;,d7 of section #eaaj of this   
title4  4  7c7 ,section #eajc;,a7f7 of  
title #ch1 ,united ,states ,code1 is    
amended to read as follows3  7a7 ,rule  
with respect to disallowed claims       
,nothing in this section shall be       
construed to require the ,secretary to  
readjudicate a claim that has been      
disallowed except when new and relevant 
evidence is presented or secured1 as    
described in section #eajh of this      
title4  4  7d7 ,chapter #ea of title    
#ch1 ,united ,states ,code1 is amended  
by adding the following new sections3   

#eajc;,b4 ,applicability of duty to     
assist  7a7 ,the ,secretary's duty to   
assist under section #eajc;,a of this   
title shall apply only to a claim1 or   
supplemental claim1 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 claim1 or supplemental  
claim1 under section #eajd of this      
title4  7b7 ,the ,secretary's duty to   
assist under section #eajc;,a of this   
title shall not apply to higher-level   
review by the ,agency of ,original      
,jurisdiction1 pursuant to section      
#eajd;,b of this title1 or to review on 
appeal by the ,board of ,veterans'      
,appeals4  7c7 ,correction of duty ,to  
assist errors  7#a7 ,higher-level review
 ,if1 during review of the ,agency of   
,original ,jurisdiction's decision under
 section #eajd;,b of this title1 the    
higher-level reviewer identifies an     
error on the part of the ,agency of     

,original ,jurisdiction to satisfy its  
duties under section #eajc;,a of this   
title1 and that error occurred prior to 
the ,agency of ,original ,jurisdiction's
 decision being reviewed1 unless the    
claim can be granted in full1 the       
higher-level reviewer shall return the  
claim for correction of such error and  
readjudication4  7#b7 ,board of         
,veterans' ,appeals ,if the ,board1     
during review on appeal of an ,agency of
 ,original ,jurisdiction decision1      
identifies an error on the part of the  
,agency of ,original ,jurisdiction to   
satisfy its duties under section        
#eajc;,a of this title1 and that error  
occurred prior to the ,agency of        
,original ,jurisdiction decision on     
appeal1 unless the claim can be granted 
in full1 the ,board shall remand the    
claim to the ,agency of ,original       
,jurisdiction for correction of such    
error and readjudication4 ,remand for   
correction of such error may include    
directing the ,agency of ,original      

,jurisdiction to obtain an advisory     
medical opinion under section #eaji of  
this title4  #eajd;,a4 ,binding nature  
of favorable findings ,any finding      
favorable to the claimant as described  
in section #eajd7;b77#d7 of this title  
shall be binding on all subsequent      
adjudicators within the department1     
unless clear and convincing evidence is 
shown to the contrary to rebut such     
favorable finding4  #eajd;,b4           
,higher-level review by the ,agency of  
,original ,jurisdiction  7a7 ,in general
 ,the claimant may request a review of  
the decision of the ,agency of ,original
 ,jurisdiction by a higher-level        
adjudicator within the ,agency of       
,original ,jurisdiction4  7b7 ,time and 
manner of request ,a request for        
higher-level review by the ,agency of   
,original ,jurisdiction must be in      
writing in the form prescribed by the   
,secretary and made within one year of  
the notice of the ,agency of ,original  
,jurisdiction's decision4 ,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      
,jurisdiction4  7c7 ,decision ,notice of
 a higher-level review decision under   
this section shall be provided in       
writing4  7d7 ,evidentiary record for   
review ,the evidentiary record before   
the higher-level reviewer shall be      
limited to the evidence of record in the
 ,agency of ,original ,jurisdiction's   
decision being reviewed4  7e7 ,de novo  
review ,higher-level review under this  
section shall be de novo4  4  7e7       
,section #eajd7;b7 of title #ch1 ,united
 ,states ,code1 is amended to read as   
follows3  7b7 ,in any case where the    
,secretary denies a benefit sought1 the 
notice required by subsection 7a7 shall 
also include-- 7#a7 identification of   
the issues adjudicated2  7#b7 a summary 
of the evidence considered by the       

,secretary2  7#c7 a summary of the      
applicable laws and regulations2  7#d7  
identification of findings favorable to 
the claimant2  7#e7 identification of   
elements not satisfied leading to the   
denial2  7#f7 an explanation of how to  
obtain or access evidence used in making
 the decision2 and  7#g7 if applicable1 
identification of the criteria that must
 be satisfied to grant service          
connection or the next higher level of  
compensation4  4  7f7 ,section #eajh of 
title #ch1 ,united ,states ,code1 is    
amended to read as follows3  #eajh4     
,supplemental claims ,if new and        
relevant evidence is presented or       
secured with respect to a supplemental  
claim1 the ,secretary shall readjudicate
 the claim taking into consideration any
 evidence added to the record prior to  
the former disposition of the claim4  4 
7g7 ,section #eaji of title #ch1 ,united
 ,states ,code1 is amended by adding at 
the end the following new subsection3   
7d7 ,the ,board of ,veterans' ,appeals  

may remand a claim to direct the ,agency
 of ,original ,jurisdiction to obtain an
 advisory medical opinion under this    
section to correct an error on the part 
of the ,agency of ,original             
,jurisdiction to satisfy its duties     
under section #eajc;,a of this title    
when such error occurred prior to the   
,agency of ,original ,jurisdiction's    
decision on appeal4 ,the ,board's remand
 instructions shall include the         
questions to be posed to the independent
 medical expert providing the advisory  
medical opinion4  4  7h7 ,section #eaaj 
of title #ch1 ,united ,states ,code1 is 
amended-- 7#a7 by amending subsection   
7a7 to read as follows3  7a7  7#a7 ,in  
general ,unless specifically provided   
otherwise in this chapter1 the effective
 date of an award based on an initial   
claim1 or a supplemental claim1 of      
compensation1 dependency and indemnity  
compensation1 or pension1 shall be fixed
 in accordance with the facts found1 but
 shall not be earlier than the date of  

receipt of application therefor4  7#b7  
,effect of continuous pursuit of a claim
 on effective date of award ,for        
purposes of applying the effective date 
rules in this section1 the date of      
application shall be considered the date
 of the filing of the initial           
application for a benefit provided that 
the claim is continuously pursued by    
filing any of the following either alone
 or in succession--  7,a7 a request for 
higher-level review under section       
#eajd;,b of this title within one year  
of an ,agency of ,original ,jurisdiction
 decision2  7,b7 a supplemental claim   
under section #eajh of this title within
 one year of an ,agency of ,original    
,jurisdiction decision2  7,c7 a notice  
of disagreement within one year of an   
,agency of ,original ,jurisdiction      
decision2 or  7,d7 a supplemental claim 
under section #eajh of this title within
 one year of a decision of the ,board of
 ,veterans' ,appeals4  7#c7             
,supplemental claims received more than 

one year after an agency of original    
jurisdiction decision or decision by the
 ,board of ,veterans' ,appeals ,except  
as otherwise provided in this section1  
for supplemental claims received more   
than one year after an ,agency of       
,original ,jurisdiction decision or a   
decision by the ,board of ,veterans'    
,appeals1 the effective date shall be   
fixed in accordance with the facts      
found1 but shall not be earlier than the
 date of receipt of the supplemental    
claim4  2 and  7#b7 in subsection 7i7   
by--  7,a7 striking reopened and        
replacing it with readjudicated2  7,b7  
striking material and replacing it with 
relevant2 and  7,c7 striking reopening  
and replacing it with readjudication4   
7i7 ,section #eaaa7;d77#a7 of title #ch1
 ,united ,states ,code1 is amended by   
striking or reopened award2 and         
replacing it with award or award based  
on a supplemental claim24  7j7 ,section 
#eijd of title #ch1 ,united ,states     
,code1 is amended-- 7#a7 in subsection  

7c77#a7 by striking notice of           
disagreement is filed and replacing it  
with claimant is provided notice of the 
,agency of ,original ,jurisdiction's    
initial decision under section #eajd of 
this title2 and  7#b7 in subsection     
7c77#b7 by striking notice of           
disagreement is filed and replacing it  
with claimant is provided notice of the 
,agency of ,original ,jurisdiction's    
initial decision under section #eajd of 
this title4  7k7 ,section #gajc of title
 #ch1 ,united ,states ,code1 is         
amended--  7#a7 in subsection           
7b77#a77;,a7 by striking heard and      
replacing it with decided2 and  7#b7 in 
subsection 7b77#a77;,b7 by striking     
heard and replacing it with decided4    
7l7 ,section #gajd7;b7 of title #ch1    
,united ,states ,code1 is amended by    
striking reopened and replacing it with 
readjudicated4  7m7 ,section #gaje of   
title #ch1 ,united ,states ,code1 is    
amended--  7#a7 in subsection 7a7-- 7,a7
 by striking the first sentence and     

replacing it with ,appellate review will
 be initiated by the filing of a notice 
of disagreement in the form prescribed  
by the ,secretary42 and  7,b7 by        
striking hearing and2  7#b7 by amending 
subsection 7b7 to read as follows3  7b7 
7#a7 ,except in the case of             
simultaneously contested claims1 notice 
of disagreement shall be filed within   
one year from the date of the mailing of
 notice of the ,agency of ,original     
,jurisdiction's decision under section  
#eajd1 #eajd;,b1 or #eajh4 ,a notice of 
disagreement postmarked before the      
expiration of the one-year period will  
be accepted as timely filed4 ,a question
 as to timeliness or adequacy of the    
notice of disagreement shall be decided 
by the ,board4  7#b7 ,notices of        
disagreement must be in writing1 must   
set out specific allegations of error of
 fact or law1 and may be filed by the   
claimant1 the claimant's legal guardian1
 or such accredited representative1     
attorney1 or authorized agent as may be 

selected by the claimant or legal       
guardian4 ,not more than one recognized 
organization1 attorney1 or agent will be
 recognized at any one time in the      
prosecution of a claim4 ,notices of     
disagreement must be filed with the     
,board4  7#c7 ,the notice of            
disagreement shall indicate whether the 
claimant requests a hearing before the  
,board1 requests an opportunity to      
submit additional evidence without a    
,board hearing1 or requests review by   
the ,board without a hearing or         
submission of additional evidence4 ,if  
the claimant does not expressly request 
a ,board hearing in the notice of       
disagreement1 no ,board hearing will be 
held4  2  7#c7 by amending subsection   
7c7 to read as follows3  7c7 ,if no     
notice of disagreement is filed in      
accordance with this chapter within the 
prescribed period1 the ,agency of       
,original ,jurisdiction's action or     
decision shall become final and the     
claim will not thereafter be            

readjudicated or allowed1 except as may 
otherwise be provided by section        
#eajd;,b or #eajh of this title or      
regulations not inconsistent with this  
title4  2  7#d7 by striking subsections 
7d77#a7 through 7d77#e72  7#e7 by adding
 a new subsection 7d7 to read as        
follows3  7d7 ,the ,board of ,veterans' 
,appeals may dismiss any appeal which   
fails to allege specific error of fact  
or law in the decision being appealed4  
2 and  7#f7 by striking subsection 7e74 
7n7 ,section #gaje;,a7b7 of title #ch1  
,united ,states ,code1 is amended to    
read as follows3  7b7 ,the substance of 
the notice of disagreement will be      
communicated to the other party or      
parties in interest and a period of     
thirty days will be allowed for filing a
 brief or argument in response thereto4 
,such notice shall be forwarded to the  
last known address of record of the     
parties concerned1 and such action shall
 constitute sufficient evidence of      
notice4  4  7o7 ,strike section #gajf of

 title #ch1 ,united ,states ,code4  7p7 
,section #gajg of title #ch1 ,united    
,states ,code1 is amended-- 7#a7 by     
amending subsection 7a7 to read as      
follows3  7a7 ,the ,board shall maintain
 two separate dockets4 ,a non-hearing   
option docket shall be maintained for   
cases in which no ,board hearing is     
requested and no additional evidence    
will be submitted4 ,a separate and      
distinct hearing option docket shall be 
maintained for cases in which a ,board  
hearing is requested in the notice of   
disagreement or in which no ,board      
hearing is requested1 but the appellant 
requests1 in the notice of disagreement1
 an opportunity to submit additional    
evidence4 ,except as provided in        
subsection 7b71 each case before the    
,board will be decided in regular order 
according to its respective place on the
 ,board's non-hearing option docket or  
the hearing option docket4  2  7#b7 by  
amending subsection 7b7 to read as      
follows3  7b7 ,advancement on the docket

 ,a case on either the ,board's         
non-hearing option docket or hearing    
option docket1 may1 for cause shown1 be 
advanced on motion for earlier          
consideration and determination4 ,any   
such motion shall set forth succinctly  
the grounds upon which the motion is    
based4 ,such a motion may be granted    
only-- 7#a7 if the case involves        
interpretation of law of general        
application affecting other claims2     
7#b7 if the appellant is seriously ill  
or is under severe financial hardship2  
or  7#c7 for other sufficient cause     
shown4  2  7#c7 by amending subsection  
7c7 to read as follows3  7c7 ,manner and
 scheduling of hearings for cases on    
board hearing option docket  7#a7 ,for  
cases on the ,board hearing option      
docket in which a hearing is requested  
in the notice of disagreement1 the      
,board shall notify the appellant       
whether a ,board hearing will be held-- 
7,a7 at its principal location1 or  7,b7
 by picture and voice transmission at a 

facility of the ,department where the   
,secretary has provided suitable        
facilities and equipment to conduct such
 hearings4  7#b7  7,a7 ,upon            
notification of a ,board hearing at the 
,board's principal location as described
 in subsection 7c77#a77;,a7 of this     
section1 the appellant may alternatively
 request a hearing as described in      
subsection 7c77#a77;,b7 of this section4
 ,if so requested1 the ,board shall     
grant such request4  7,b7 ,upon         
notification of a ,board hearing by     
picture and voice transmission as       
described in subsection 7c77#a77;,b7 of 
this section1 the appellant may         
alternatively request a hearing as      
described in subsection 7c77#a77;,a7 of 
this section4 ,if so requested1 the     
,board shall grant such request4  2 and 
7#d7 by striking subsections 7d7 and 7e7
 and redesignating subsection 7f7 as    
subsection 7d74  7q7 ,strike section    
#gaji of title #ch1 ,united ,states     
,code4  7r7 ,section #gaaa7;e7 of title 

#ch1 ,united ,states ,code1 is amended  
by striking merits1 without referral to 
any adjudicative or hearing official    
acting on behalf of the ,secretary4 and 
replacing it with merits44  7s7 ,chapter
 #ga of title #ch1 ,united ,states      
,code1 is amended by adding the         
following new section3  #gaac4          
,evidentiary record before the board    
7a7 ,non-,hearing option docket ,for    
cases in which a ,board hearing is not  
requested in the notice of disagreement1
 the evidentiary record before the      
,board shall be limited to the evidence 
of record at the time of the ,agency of 
,original ,jurisdiction decision on     
appeal4  7b7 ,hearing option docket     
7#a7 ,hearing requested ,except as      
provided in paragraph 7#b7 of this      
subsection1 for cases on the hearing    
option docket in which a hearing is     
requested in the notice of disagreement1
 the evidentiary record before the      
,board shall be limited to the evidence 
of record at the time of the ,agency of 

,original ,jurisdiction decision on     
appeal4  7#b7 ,exceptions ,the          
evidentiary record before the ,board for
 cases on the hearing option docket in  
which a hearing is requested1 shall     
include each of the following1 which the
 ,board shall consider in the first     
instance-- 7,a7 evidence submitted by   
the appellant and his or her            
representative1 if any1 at the ,board   
hearing2 and  7,b7 evidence submitted by
 the appellant and his or her           
representative1 if any1 within #ij days 
following the ,board hearing4  7#c7     
,hearing not requested  7,a7 ,except as 
provided in subparagraph 7,b7 of this   
paragraph1 for cases on the hearing     
option docket in which a hearing is not 
requested in the notice of disagreement1
 the evidentiary record before the      
,board shall be limited to the evidence 
considered by the ,agency of ,original  
,jurisdiction in the decision on appeal4
  7,b7 ,the evidentiary record before   
the ,board for cases on the hearing     

option docket in which a hearing is not 
requested1 shall include each of the    
following1 which the ,board shall       
consider in the first instance-- 7i7    
evidence submitted by the appellant and 
his or her representative1 if any1 with 
the notice of disagreement2 and  7ii7   
evidence submitted by the appellant and 
his or her representative1 if any1      
within #ij days following receipt of the
 notice of disagreement4  4  7t7        
,conforming amendment ,the heading of   
section #gaje is amended by striking    
notice of disagreement and4  7u7        
,clerical amendments  7#a7 ,the table of
 sections at the beginning of chapter   
#ea of title #ch1 ,united ,states ,code1
 is amended-- 7,a7 by inserting after   
the item relating to section #eajc;,a   
the following new item3  #eajc;,b4      
,applicability of duty to assist4  2    
and  7,b7 by inserting after the item   
relating to section #eajd the following 
new items3  #eajd;,a4 ,binding nature of
 favorable findings4 #eajd;,b4          

,higher-level review by the ,agency of  
,original ,jurisdiction4  4  7#b7 ,the  
item relating to section #eajh in the   
table of sections at the beginning of   
chapter #ea of title #ch1 ,united       
,states ,code1 is amended by striking   
,reopening disallowed claims4 and       
replacing it with ,supplemental claims44
  7#c7 ,the table of sections at the    
beginning of chapter #ga of title #ch1  
,united ,states ,code1 is amended by--  
7,a7 striking the item relating to      
section #gajf2  7,b7 striking the item  
relating to section #gaji2 and  7,c7    
adding at the end the following new     
item3  #gaac4 ,the evidentiary record   
before the ,board4  4  7#d7 ,the item   
relating to section #gaje in the table  
of sections at the beginning of chapter 
#ga of title #ch1 ,united ,states ,code1
 is amended by striking notice of       
disagreement and4