,,ii ,calendar ,no4 #aff #aaeth ,,congress #ast ,session ,s4 #ajbd ,report ,no4 #aae-abf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #c1 #bjag,mr4 ,isakson 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,tester1 ,mr4 ,daines1 ,ms4 ,hassan1 ,mr4 ,udall1 ,mr4 ,king1 ,ms4 ,baldwin1 ,mr4 ,kaine1 ,mr4 ,hatch1 ,mrs4 ,capito1 ,ms4 ,collins1 ,mr4 ,durbin1 ,mr4 ,thune1 ,mr4 ,heller1 ,mr4 ,crapo1 ,mr4 ,cochran1 ,mr4 ,warner1 ,mr4 ,manchin1 ,ms4 ,hirono1 ,mr4 ,brown1 ,mr4 ,enzi1 ,mr4 ,rounds1 ,mr4 ,nelson1 ,mrs4 ,mc,caskill1 and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,july #aj1 #bjag,reported by ,mr4 ,isakson1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to reform the rights and processes relating to appeals of decisions regarding claims for benefits under the laws administered by the ,secretary of ,veterans ,affairs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,veterans ,appeals ,improvement and ,modernization ,act of #bjag4 #b4 ,reform of rights and processes relating to appeals of decisions regarding claims for benefits under laws administered by ,secretary of ,veterans ,affairs 7a7 ,definitions ,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 laws administered by the ,secretary4 7#ce7 ,the term relevant evidence means evidence that tends to prove or disprove a matter in issue4 7#cf7 ,the term supplemental claim means a claim for benefits under laws administered by the ,secretary filed by a claimant who had previously filed a claim for the same or similar benefits on the same or similar basis4 4 7b7 ,notice regarding claims ,section #eajc7;a7 of such title is amended-- 7#a7 in paragraph 7#a71 in the first sentence1 by striking ,the and inserting ,except as provided in paragraph 7#c71 the2 7#b7 in paragraph 7#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#c7 by adding at the end the following new paragraph3 7#c7 ,the requirement to provide notice under paragraph 7#a7 shall not apply with respect to a supplemental claim that is filed within the timeframe set forth in subparagraphs 7,b7 and 7,d7 of section #eaaj7;a77#b7 of this title4 4 7c7 ,modification of rule regarding disallowed claims ,section #eajc;,a7f7 of such title is amended-- 7#a7 by striking reopen and inserting readjudicate2 and 7#b7 by striking material and inserting relevant4 7d7 ,modification of duty ,to assist claimants ,section #eajc;,a of such title is amended-- 7#a7 by redesignating subsections 7e7 through 7g7 as subsections 7g7 through 7i71 respectively2 and 7#b7 by inserting after subsection 7d7 the following new subsections3 7e7 ,applicability of duty ,to assist 7#a7 ,the ,secretary's duty to assist under this section 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 7#b7 ,the ,secretary's duty to assist under this section 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 7f7 ,correction of duty ,to assist errors 7#a7 ,if1 during review of the agency of original jurisdiction decision under section #eajd;,b of this title1 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 section1 and that error occurred prior to the agency of original jurisdiction decision being reviewed1 unless the claim can be granted in full1 the higher-level adjudicator shall return the claim for correction of such error and readjudication4 7#b7 7,a7 ,if the ,board of ,veterans' ,appeals1 during review on appeal of an agency of original jurisdiction decision1 identifies or learns of an error on the part of the agency of original jurisdiction to satisfy its duties under this section1 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 7,b7 ,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 7#c7 ,nothing in this subsection shall be construed to imply that the ,secretary1 during the consideration of a claim1 does not have a duty to correct an error described in paragraph 7#a7 or 7#b7 that was erroneously not identified during higher-level review or during review on appeal with respect to the claim4 4 7e7 ,decisions and notices of decisions ,subsection 7b7 of section #eajd of such title is amended to read as follows3 7b7 ,each notice provided under subsection 7a7 shall also include all of the following3 7#a7 ,identification of the issues adjudicated4 7#b7 ,a summary of the evidence considered by the ,secretary4 7#c7 ,a summary of the applicable laws and regulations4 7#d7 ,identification of findings favorable to the claimant4 7#e7 ,in the case of a denial1 identification of elements not satisfied leading to the denial4 7#f7 ,an explanation of how to obtain or access evidence used in making the decision4 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 ,binding nature of favorable findings 7#a7 ,in general ,chapter #ea of such title is amended by inserting after section #eajd the following new section3 #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 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea of such title is amended by inserting after the item relating to section #eajd the following new item3 #eajd;,a4 ,binding nature of favorable findings4 4 7g7 ,higher-,level review by agency of original jurisdiction 7#a7 ,in general ,chapter #ea of such title1 as amended by subsection 7f71 is further amended by inserting after section #eajd;,a1 as added by such subsection1 the following new section3 #eajd;,b4 ,higher-level review by the agency of original jurisdiction 7a7 ,in general 7#a7 ,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 jurisdiction4 7#b7 ,the ,secretary shall approve each request for review under paragraph 7#a74 7b7 ,time and manner of request 7#a7 ,a request for higher-level review by the agency of original jurisdiction shall be-- 7,a7 in writing in such form as the ,secretary may prescribe2 and 7,b7 made within one year of the notice of the agency of original jurisdiction's decision4 7#b7 ,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 ,the ,secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause4 7c7 ,decision ,notice of a higher-level review decision under this section shall be provided in writing and shall include a general statement-- 7#a7 reflecting whether evidence was not considered pursuant to subsection 7d72 and 7#b7 noting the options available to the claimant to have the evidence described in paragraph 7#a71 if any1 considered by the ,department4 7d7 ,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 reviewed4 7e7 ,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 novo4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea of such title1 as amended by subsection 7f71 is further amended by inserting after the item relating to section #eajd;,a1 as added by such subsection1 the following new item3 #eajd;,b4 ,higher-level review by the agency of original jurisdiction4 4 7h7 ,options following decision by agency of original jurisdiction 7#a7 ,in general ,chapter #ea of such title1 as amended by subsection 7g71 is further amended by inserting after section #eajd;,b1 as added by such subsection1 the following new section3 #eajd;,c4 ,options following decision by agency of original jurisdiction 7a7 ,within one year of decision 7#a7 ,subject to paragraph 7#b71 in any case in which the ,secretary renders a decision on a claim1 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 claim3 7,a7 ,file a request for higher-level review under section #eajd;,b of this title4 7,b7 ,file a supplemental claim under section #eajh of this title4 7,c7 ,file a notice of disagreement under section #gaje of this title4 7#b7 7,a7 ,once a claimant takes an action set forth in paragraph 7#a71 the claimant may not take another action set forth in that paragraph with respect to such claim until-- 7i7 the higher-level review1 supplemental claim1 or notice of disagreement is adjudicated2 or 7ii7 the request for higher-level review1 supplemental claim1 or notice of disagreement is withdrawn4 7,b7 ,nothing in this subsection shall prohibit a claimant from taking any of the actions set forth in paragraph 7#a7 in succession with respect to a claim4 7,c7 ,nothing in this subsection shall prohibit a claimant from taking different actions set forth in paragraph 7#a7 with respect to different claims4 7,d7 ,the ,secretary may1 as the ,secretary considers appropriate1 develop and implement a policy for claimants who-- 7i7 take an action under paragraph 7#a72 7ii7 wish to withdraw the action before the higher-level review1 supplemental claim1 or notice of disagreement is adjudicated2 and 7iii7 in lieu of such action take a different action under paragraph 7#a74 7b7 ,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 claim1 the claimant may file a supplemental claim under section #eajh of this title4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea of such title1 as amended by subsection 7g71 is further amended by inserting after the item relating to section #eajd;,b1 as added by such subsection1 the following new item3 #eajd;,c4 ,options following decision by agency of original jurisdiction4 4 7i7 ,supplemental claims 7#a7 ,in general ,section #eajh of such title 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 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea of such title is amended by striking the item relating to section #eajh and inserting the following new item3 #eajh4 ,supplemental claims4 4 7j7 ,remand ,to obtain advisory medical opinion ,section #eaji of such title is amended by adding at the end the following new subsection3 7d7 7#a7 ,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 opinion4 7#b7 ,the ,board's remand instructions shall include the questions to be posed to the independent medical expert providing the advisory medical opinion4 4 7k7 ,restatement of requirement for expedited treatment of returned and remanded claims 7#a7 ,in general ,section #eaji;,b of such title is amended to read as follows3 #eaji;,b4 ,expedited treatment of returned and remanded claims ,the ,secretary shall take such actions as may be necessary to provide for the expeditious treatment by the ,veterans ,benefits ,administration of any claim that is returned by a higher-level adjudicator under section #eajd;,b of this title or remanded by the ,board of ,veterans' ,appeals4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea of such title is amended by striking the item relating to section #eaji;,b and inserting the following new item3 #eaji;,b4 ,expedited treatment of returned and remanded claims4 4 7l7 ,effective dates of awards ,section #eaaj of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 7#a7 ,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 ,for purposes of determining the effective date of an award under this section1 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 following1 either alone or in succession3 7,a7 ,a request for higher-level review under section #eajd;,b of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision4 7,b7 ,a supplemental claim under section #eajh of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision4 7,c7 ,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 decision4 7,d7 ,a supplemental claim under section #eajh of this title on or before the date that is one year after the date on which the ,board of ,veterans' ,appeals issues a decision4 7,e7 ,a supplemental claim under section #eajh 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 decision4 7#c7 ,except as otherwise provided in this section1 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 decision1 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 7i71 in the first sentence-- 7,a7 by striking reopened and inserting readjudicated2 7,b7 by striking material and inserting relevant2 and 7,c7 by striking reopening and inserting readjudication4 7m7 ,definition of award or increased award for purposes of provisions relating to commencement of period of payment ,section #eaaa7;d77#a7 of such title is amended by striking or reopened award and inserting award or award based on a supplemental claim4 7n7 ,modification on limitation on fees allowable for representation ,section #eijd7;c7 of such title is amended1 in paragraphs 7#a7 and 7#b71 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 #eajd of this title4 7o7 ,clarification of ,board of ,veterans' ,appeals referral requirements after order for reconsideration of decisions ,section #gajc7;b77#a7 of title #ch1 ,united ,states ,code1 is amended by striking heard both places it appears and inserting decided4 7p7 ,conforming amendment relating to readjudication ,section #gajd7;b7 of such title is amended by striking reopened and inserting readjudicated4 7q7 ,modification of procedures for appeals to ,board of ,veterans' ,appeals 7#a7 ,in general ,section #gaje of title #ch1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a71 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 ,secretary42 7,b7 by amending subsection 7b7 to read as follows3 7b7 7#a7 7,a7 ,except in the case of simultaneously contested claims1 a notice of disagreement shall be filed within one year from the date of the mailing of notice of the decision of the agency of original jurisdiction pursuant to section #eajd1 #eajd;,b1 or #eajh of this title4 7,b7 ,a notice of disagreement postmarked before the expiration of the one-year period shall be accepted as timely filed4 7,c7 ,a question as to timeliness or adequacy of the notice of disagreement shall be decided by the ,board4 7#b7 7,a7 ,notices of disagreement shall be in writing1 shall identify the specific determination with which the claimant disagrees1 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 7,b7 ,not more than one recognized organization1 attorney1 or agent may be recognized at any one time in the prosecution of a claim4 7,c7 ,notices of disagreement shall be filed with the ,board4 7#c7 ,the notice of disagreement shall indicate whether the claimant requests-- 7,a7 a hearing before the ,board1 which shall include an opportunity to submit evidence in accordance with section #gaac7;b7 of this title2 7,b7 an opportunity to submit additional evidence without a hearing before the ,board1 which shall include an opportunity to submit evidence in accordance with section #gaac7;c7 of this title2 or 7,c7 a review by the ,board without a hearing or the submittal of additional evidence4 7#d7 ,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 prescribe4 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 action or decision of the agency of original jurisdiction shall become final and the claim shall not thereafter be readjudicated or allowed1 except as may otherwise be provided by section #eajd;,b or #eajh of this title or such regulations as are consistent with this title4 2 7,d7 by striking subsection 7d7 and inserting the following new subsection 7d73 7d7 ,the ,board of ,veterans' ,appeals may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees4 2 7,e7 by striking subsection 7e72 and 7,f7 in the section heading1 by striking notice of disagreement and4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ga of such title is amended by striking the item relating to section #gaje and inserting the following new item3 #gaje4 ,filing of appeal4 4 7r7 ,modification of procedures and requirements for simultaneously contested claims ,subsection 7b7 of section #gaje;,a of such title is amended to read as follows3 7b7 7#a7 ,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 thereto4 7#b7 ,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 7s7 ,repeal of procedures for administrative appeals 7#a7 ,in general ,chapter #ga of such title is amended by striking section #gajf4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ga of such title is amended by striking the item relating to section #gajf4 7t7 ,modifications relating to appeals3 dockets2 hearings 7#a7 ,in general ,section #gajg of such title is amended to read as follows3 #gajg4 ,appeals3 dockets2 hearings 7a7 ,dockets 7#a7 ,subject to paragraph 7#b71 the ,board shall maintain at least two separate dockets4 7#b7 ,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 docket1 including a justification for maintaining such additional docket4 7#c7 7,a7 ,the ,board may assign to each docket maintained under paragraph 7#a7 such cases as the ,board considers appropriate1 except that cases described in clause 7i7 of subparagraph 7,b7 may not be assigned to any docket to which cases described in clause 7ii7 of such paragraph are assigned4 7,b7 ,cases described in this paragraph are the following3 7i7 ,cases in which no ,board hearing is requested and no additional evidence will be submitted4 7ii7 ,cases in which a ,board hearing is requested in the notice of disagreement4 7#d7 ,except as provided in subsection 7b71 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 ,board4 7b7 ,advancement on the docket 7#a7 ,a case on one of the dockets of the ,board maintained under subsection 7a7 may1 for cause shown1 be advanced on motion for earlier consideration and determination4 7#b7 ,any such motion shall set forth succinctly the grounds upon which the motion is based4 7#c7 ,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 7c7 ,manner and scheduling of hearings for cases on a docket that may include a hearing 7#a7 ,for cases on a docket maintained by the ,board under subsection 7a7 that may include a hearing1 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 location2 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 subparagraph 7,a7 of paragraph 7#a71 the appellant may alternatively request a hearing as described in subparagraph 7,b7 of such paragraph4 ,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 subparagraph 7,b7 of paragraph 7#a71 the appellant may alternatively request a hearing as described in subparagraph 7,a7 of such paragraph4 ,if so requested1 the ,board shall grant such request4 7d7 ,screening of cases ,nothing in this section shall be construed to preclude the screening of cases for purposes of-- 7#a7 determining the adequacy of the record for decisional purposes2 or 7#b7 the development1 or attempted development1 of a record found to be inadequate for decisional purposes4 7e7 ,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 docket4 4 7#b7 ,report ,not later than the date that is #ij days before the date set forth in subsection 7x71 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 #gajg of title #ch1 ,united ,states ,code1 as amended by paragraph 7#a71 for cases in which no hearing before the ,board of ,veterans' ,appeals is requested in the notice of disagreement but the appellant requests1 in the notice of disagreement1 an opportunity to submit additional evidence4 7u7 ,repeal of certain authority for independent medical opinions 7#a7 ,in general ,section #gaji of such title is repealed4 7#b7 ,conforming amendment ,section #egja7;b77#a7 of such title is amended by striking or #gaji4 7#c7 ,clerical amendment ,the table of sections at the beginning of chapter #ga of such title is amended by striking the item relating to section #gaji4 7v7 ,clarification of procedures for review of decisions on grounds of clear and unmistakable error ,section #gaaa7;e7 of such title is amended by striking 1 without referral to any adjudicative or hearing official acting on behalf of the ,secretary4 7w7 ,evidentiary record before ,board of ,veterans' ,appeals 7#a7 ,in general ,chapter #ga of such title is amended by adding at the end the following new section3 #gaac4 ,evidentiary record before the ,board of ,veterans' ,appeals 7a7 ,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 evidence1 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 appeal4 7b7 ,cases with a request for a hearing 7#a7 ,except as provided in paragraph 7#b71 for cases 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 decision of the agency of original jurisdiction on appeal4 7#b7 ,the evidentiary record before the ,board for cases described in paragraph 7#a7 shall include each of the following1 which the ,board shall consider in the first instance3 7,a7 ,evidence submitted by the appellant and his or her representative1 if any1 at the ,board hearing4 7,b7 ,evidence submitted by the appellant and his or her representative1 if any1 within #ij days following the ,board hearing4 7c7 ,cases with no request for a hearing and with a request for additional evidence 7#a7 ,except as provided in paragraph 7#b71 for cases in which a hearing is not requested in the notice of disagreement but an opportunity to submit evidence is requested1 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 described in paragraph 7#a7 shall include each of the following1 which the ,board shall consider in the first instance3 7,a7 ,evidence submitted by the appellant and his or her representative1 if any1 with the notice of disagreement4 7,b7 ,evidence submitted by the appellant and his or her representative1 if any1 within #ij days following receipt of the notice of disagreement4 4 7#b7 ,notification when evidence not considered ,section #gajd7;d7 of such title is amended-- 7,a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 a general statement-- 7,a7 reflecting whether evidence was not considered in making the decision because the evidence was received at a time when not permitted under section #gaac of this title2 and 7,b7 noting such options as may be available for having the evidence considered by the ,department2 and 4 7#c7 ,clerical amendment ,the table of sections at the beginning of chapter #ga of such title is amended by inserting after the item relating to section #gaab the following new item3 #gaac4 ,evidentiary record before the ,board of ,veterans' ,appeals4 4 7x7 ,applicability 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to all claims for which notice of a decision under section #eajd of title #ch1 ,united ,states ,code1 is provided by the ,secretary of ,veterans ,affairs on or after the later of-- 7,a7 the date that is #edj days after the date of the enactment of this ,act2 and 7,b7 the date that is #cj days after the date on which the ,secretary of ,veterans ,affairs submits to the appropriate committees of ,congress a certification that the ,secretary confirms1 without delegation1 that the ,department of ,veterans ,affairs has the resources1 personnel1 office space1 procedures1 and information technology required-- 7i7 to carry out the new appeals system2 and 7ii7 to timely address both appeals of decisions on legacy claims and appeals under the new appeals system4 7#b7 ,collaboration ,in determining whether and when to make a certification under paragraph 7#a77;,b71 the ,secretary shall collaborate with1 partner with1 and give weight to the advice of veterans service organizations and such other stakeholders as the ,secretary considers appropriate4 7#c7 ,early applicability ,the ,secretary may apply the new appeals system to a claim with respect to which the claimant-- 7,a7 receives a notice of a decision under section #eajd of such title after the date of the enactment of this ,act and before the applicability date set forth in paragraph 7#a72 and 7,b7 elects to subject the claim to the new appeals system4 7#d7 ,phased rollout ,the ,secretary may begin implementation of the new appeals system in phases1 with the first phase of such phased implementation beginning on the applicability date set forth in paragraph 7#a74 7#e7 ,treatment of legacy claims ,with respect to legacy claims1 upon the issuance to a claimant of a statement of the case or supplemental statement of the case occurring on or after the applicability date specified in paragraph 7#a71 a claimant may elect to participate in the new appeals system4 7#f7 ,publication of applicability date ,not later than the date on which the new appeals system goes into effect 7or the first phase of the new appeals system goes into effect under paragraph 7#d71 as the case may be71 the ,secretary shall publish in the ,federal ,register such date4 7#g7 ,definitions ,in this subsection3 7,a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7i7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,senate2 and 7ii7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7,b7 ,veterans service organization ,the term veterans service organization means any organization recognized by the ,secretary for the representation of veterans under section #eijb of title #ch1 ,united ,states ,code4 7y7 ,rule of construction ,nothing in this section or any of the amendments made by this section shall be construed to limit the ability of a claimant to request a revision of a decision under section #eaji;,a or #gaaa of title #ch1 ,united ,states ,code4 #c4 ,comprehensive plan for processing of legacy appeals and implementing new appeals system 7a7 ,plan required ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the appropriate committees of ,congress and the ,comptroller ,general of the ,united ,states a comprehensive plan for-- 7#a7 the processing of appeals of decisions on legacy claims that the ,secretary considers pending2 7#b7 implementing the new appeals system2 7#c7 timely processing1 under the new appeals system1 of-- 7,a7 supplemental claims under section #eajh of title #ch1 ,united ,states ,code1 as amended by section #b7;i72 7,b7 requests for higher-level review under section #eajd;,b of such title1 as added by section #b7;g72 and 7,c7 appeals on any docket maintained under section #gajg of such title1 as amended by section #b7t72 and 7#d7 monitoring the implementation of the new appeals system1 including metrics and goals-- 7,a7 to track the progress of the implementation2 7,b7 to evaluate the efficiency and effectiveness of the implementation2 and 7,c7 to identify potential issues relating to the implementation4 7b7 ,elements ,the plan required by subsection 7a7 shall include1 at a minimum1 the following3 7#a7 ,delineation of the total resource requirements of the ,veterans ,benefits ,administration and the ,board of ,veterans' ,appeals1 disaggregated by resources required to implement and administer the new appeals system and resources required to address the appeals of decisions on legacy claims4 7#b7 ,delineation of the personnel requirements of the ,administration and the ,board1 including staffing levels during the-- 7,a7 period in which the ,administration and the ,board are concurrently processing-- 7i7 appeals of decisions on legacy claims2 and 7ii7 appeals of decisions on non-legacy claims under the new appeals system2 and 7,b7 the period during which the ,administration and the ,board are no longer processing any appeals of decisions on legacy claims4 7#c7 ,identification of the legal authorities under which the ,administration or the ,board may-- 7,a7 hire additional employees to conduct the concurrent processing described in paragraph 7#b77;,a72 and 7,b7 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 claims4 7#d7 ,an estimate of the amount of time the ,administration and the ,board will require to hire additional employees as described in paragraph 7#c77;,a7 once funding has been made available for such purpose1 including a comparison of such estimate and the historical average time required by the ,administration and the ,board to hire additional employees4 7#e7 ,a description of the modifications to the information technology systems of the ,administration and the ,board that the ,administration and the ,board require to carry out the new appeals system1 including cost estimates and a timeline for making the modifications4 7#f7 ,an estimate of the office space the ,administration and the ,board will require during each of the periods described in paragraph 7#b71 including-- 7,a7 an estimate of the amount of time the ,administration and the ,board will require to acquire any additional office space to carry out processing of appeals of decisions on legacy claims and processing of appeals under the new appeals system2 7,b7 a comparison of the estimate under subparagraph 7,a7 and the historical average time required by the ,administration and the ,board to acquire new office space2 and 7,c7 a plan for using telework to accommodate staff exceeding available office space1 including how the ,administration and the ,board will provide training and oversight with respect to such teleworking4 7#g7 ,projections for the productivity of individual employees at the ,administration and the ,board in carrying out tasks relating to the processing of appeals of decisions on legacy claims and appeals under the new appeals system1 taking into account the experience level of new employees and the enhanced notice requirements under section #eajd7;b7 of title #ch1 ,united ,states ,code1 as amended by section #b7;e74 7#h7 ,an outline of the outreach the ,secretary expects to conduct to inform veterans1 families of veterans1 survivors of veterans1 veterans service organizations1 military service organizations1 congressional caseworkers1 advocates for veterans1 and such other stakeholders as the ,secretary considers appropriate about the new appeals system1 including-- 7,a7 a description of the resources required to conduct such outreach2 and 7,b7 timelines for completing such outreach4 7#i7 ,identification of and a timeline for-- 7,a7 any training that may be required as a result of hiring new employees to carry out the new appeals system or to process appeals of decisions on legacy claims2 and 7,b7 any retraining of existing employees that may be required to carry out such system or to process such claims4 7#aj7 ,identification of the costs to the ,department of the training identified under paragraph 7#i7 and any additional training staff and any additional training facilities that will be required to provide such training4 7#aa7 ,timelines for updating any policy guidance1 ,internet websites1 and official forms that may be necessary to carry out the new appeals system1 including-- 7,a7 identification of which offices and entities will be involved in efforts relating to such updating2 and 7,b7 historical information about how long similar update efforts have taken4 7#ab7 ,a timeline1 including interim milestones1 for promulgating such regulations as may be necessary to carry out the new appeals system and a comparison with historical averages for time required to promulgate regulations of similar complexity and scope4 7#ac7 ,an outline of the circumstances under which claimants with pending appeals of decisions on legacy claims would be authorized to have their appeals reviewed under the new appeals system4 7#ad7 ,a delineation of the key goals and milestones for reducing the number of pending appeals that are not processed under the new appeals system1 including the expected number of appeals1 remands1 and hearing requests at the ,administration and the ,board each year1 beginning with the one year period beginning on the date of the enactment of this ,act1 until there are no longer any appeals pending before the ,administration or the ,board for a decision on a legacy claim4 7#ae7 ,a description of each risk factor associated with each element of the plan and a contingency plan to minimize each such risk4 7c7 ,review by ,comptroller ,general of the ,united ,states 7#a7 ,in general ,not later than #ij days after the ,comptroller ,general of the ,united ,states receives the plan required by subsection 7a71 the ,comptroller ,general shall-- 7,a7 assess such plan2 and 7,b7 notify the appropriate committees of ,congress of the findings of the ,comptroller ,general with respect to the assessment conducted under subparagraph 7,a74 7#b7 ,elements ,the assessment conducted under paragraph 7#a77;,a7 shall include the following3 7,a7 ,an assessment of whether the plan comports with sound planning practices4 7,b7 ,identification of any gaps in the plan4 7,c7 ,formulation of such recommendations as the ,comptroller ,general considers appropriate4 7d7 ,periodic progress reports ,not later than #ij days after the date on which the ,secretary submits the plan under subsection 7a71 not less frequently than once every #ij days thereafter until the applicability date set forth in section #b7x77#a71 and not less frequently than once every #ahj days thereafter for the #aj-year period following such applicability date1 the ,secretary shall submit to the appropriate committees of ,congress and the ,comptroller ,general a report on the progress of the ,secretary in carrying out the plan4 7e7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 #d4 ,programs to test assumptions relied on in development of comprehensive plan for processing of legacy appeals and supporting new appeals system 7a7 ,authorization 7#a7 ,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 #c7;a7 and to test the feasibility and advisability of any facet of the new appeals system4 7#b7 ,reporting required ,whenever the ,secretary determines1 based on the conduct of a program under paragraph 7#a71 that legislative changes to the new appeals system are necessary1 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 determination4 7b7 ,department of ,veterans ,affairs program on fully developed appeals 7#a7 ,in general ,the ,secretary of ,veterans ,affairs may1 under subsection 7a77#a71 carry out a program to provide the option of an alternative appeals process that shall more quickly determine such appeals in accordance with this subsection4 7#b7 ,election 7,a7 ,filing ,in accordance with subparagraph 7,b71 a claimant may elect to file a fully developed appeal under the program by filing with the ,secretary all of the following3 7i7 ,the notice of disagreement under chapter #ga of title #ch1 ,united ,states ,code1 along with the written election of the claimant to have the appeal determined under the program4 7ii7 ,all evidence that the claimant believes is needed for the appeal as of the date of the filing4 7iii7 ,a statement of the argument in support of the claim1 if any4 7,b7 ,timing ,a claimant shall make an election under subparagraph 7,a7 as part of the notice of disagreement filed by the claimant in accordance with subparagraph 7,a77i74 7,c7 ,triage ,the ,secretary shall1 upon expiration of the period specified in paragraph 7#c77;,c77iii71 ensure that an assessment is undertaken of whether an appeal filed under subparagraph 7,a7 of this paragraph satisfies the requirements for appeal under the program and provide appropriate notification to the claimant of the results of that assessment4 7,d7 ,reversion 7i7 ,elected reversion ,at any time1 a claimant who makes an election under subparagraph 7,a7 may elect to revert to the standard appeals process4 ,such a reversion shall be final4 7ii7 ,automatic reversion ,a claimant described in clause 7i71 or a claimant who makes an election under subparagraph 7,a7 but is later determined to be ineligible for the program under paragraph 7#a71 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 appeal4 7,e7 ,outreach ,in providing claimants with notices of the determination of a claim during the period in which the program under paragraph 7#a7 is carried out1 the ,secretary shall conduct outreach as follows3 7i7 ,the ,secretary shall provide to the claimant 7and to the representative of record of the claimant1 if any7 information regarding-- 7,i7 the program1 including the advantages and disadvantages of the program2 7,,ii7 how to make an election under subparagraph 7,a72 7,,iii7 the limitation on the use of new evidence described in subparagraph 7,c7 of paragraph 7#c7 and the development of information under subparagraph 7,d7 of such paragraph2 7,,iv7 the ability of the claimant to seek advice and education regarding such process from veterans service organizations1 attorneys1 and claims agents recognized under chapter #ei of title #ch1 ,united ,states ,code2 and 7,v7 the circumstances under which the appeal will automatically revert to the standard appeals process1 including by making a request for a hearing4 7ii7 ,the ,secretary shall collaborate1 partner with1 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 program4 7#c7 ,treatment by ,department and ,board 7,a7 ,process ,upon the election of a claimant to file a fully developed appeal pursuant to paragraph 7#b77;,a71 the ,secretary shall-- 7i7 not provide the claimant with a statement of the case nor require the claimant to file a substantive appeal2 and 7ii7 transfer jurisdiction over the fully developed appeal directly to the ,board of ,veterans' ,appeals4 7,b7 ,docket 7i7 ,in general ,the ,board of ,veterans' ,appeals shall-- 7,i7 maintain fully developed appeals on a separate docket than standard appeals2 7,,ii7 decide fully developed appeals in the order that the fully developed appeals are received on the fully developed appeal docket2 7,,iii7 except as provided by clause 7ii71 decide not more than one fully developed appeal for each four standard appeals decided2 and 7,,iv7 to the extent practicable1 decide each fully developed appeal by the date that is one year following the date on which the claimant files the notice of disagreement4 7ii7 ,adjustment ,beginning one year after the date on which the program commences1 the ,board may adjust the number of standard appeals decided for each fully developed appeal under clause 7i77,,iii7 if the ,board determines that such adjustment is fair for both standard appeals and fully developed appeals4 7,c7 ,limitation on use of new evidence 7i7 ,in general ,except as provided by clauses 7ii7 and 7iii7-- 7,i7 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 7#b77;,d72 and 7,,ii7 if a claimant submits or identifies any such new evidence1 such submission or identification shall be deemed to be an election to make such a reversion pursuant to paragraph 7#b77;,d74 7ii7 ,evidence gathered by ,board ,clause 7i7 shall not apply to evidence developed pursuant to subparagraphs 7,d7 and 7,e74 ,the ,board shall consider such evidence in the first instance without consideration by the ,veterans ,benefits ,administration4 7iii7 ,representative of record ,the representative of record of a claimant for appeals purposes1 if any1 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 subparagraph4 7,d7 ,prohibition on remand for additional development ,if the ,board of ,veterans' ,appeals determines that a fully developed appeal requires ,federal records1 independent medical opinions1 or new medical examinations1 the ,board shall-- 7i7 in accordance with subparagraph 7,e71 take such actions as may be necessary to develop such records1 opinions1 or examinations in accordance with section #eajc;,a of title #ch1 ,united ,states ,code2 7ii7 retain jurisdiction of the fully developed appeal without requiring a determination by the ,veterans ,benefits ,administration based on such records1 opinions1 or examinations2 7iii7 ensure the claimant1 and the representative of record of a claimant1 if any1 receives a copy of such records1 opinions1 or examinations2 and 7iv7 provide the claimant a period of #ij days after the date of mailing such records1 opinions1 or examinations during which the claimant may provide the ,board any additional evidence without requiring the claimant to make a reversion pursuant to paragraph 7#b77;,d74 7,e7 ,development unit 7i7 ,establishment ,the ,board of ,veterans' ,appeals shall establish an office to develop ,federal records1 independent medical opinions1 and new medical examinations pursuant to subparagraph 7,d77i7 that the ,board determines necessary to decide a fully developed appeal4 7ii7 ,requirements ,the ,secretary shall-- 7,i7 ensure that the ,veterans ,benefits ,administration cooperates with the ,board of ,veterans' ,appeals in carrying out clause 7i72 and 7,,ii7 transfer employees of the ,veterans ,benefits ,administration who1 prior to the enactment of this ,act1 were responsible for processing claims remanded by the ,board of ,veterans' ,appeals to positions within the office of the ,board established under clause 7i7 in a number the ,secretary determines sufficient to carry out such subparagraph4 7,f7 ,hearings ,notwithstanding section #gajg of title #ch1 ,united ,states ,code1 the ,secretary may not provide hearings with respect to fully developed appeals under the program4 ,if a claimant requests to hold a hearing pursuant to such section #gajg1 such request shall be deemed to be an election to revert to the standard appeals process pursuant to paragraph 7#b77;,d74 7#d7 ,duration2 applicability 7,a7 ,duration ,subject to subsection 7c71 the ,secretary may carry out the program during such period as the ,secretary considers appropriate4 7,b7 ,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 7,a74 7#e7 ,definitions ,in this subsection3 7,a7 ,compensation ,the term compensation has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 7,b7 ,fully developed appeal ,the term fully developed appeal means an appeal of a claim for disability compensation that is-- 7i7 filed by a claimant in accordance with paragraph 7#b77;,a72 and 7ii7 considered in accordance with this subsection4 7,c7 ,standard appeal ,the term standard appeal means an appeal of a claim for disability compensation that is not a fully developed appeal4 7c7 ,termination of authority ,the ,secretary of ,veterans ,affairs may not carry out a program under this section after the applicability date set forth in section #b7x77#a74 #e4 ,periodic publication of metrics relating to processing of appeals by ,department of ,veterans ,affairs ,the ,secretary of ,veterans ,affairs shall periodically publish on an ,internet website of the ,department of ,veterans ,affairs the following3 7#a7 ,with respect to the processing by the ,secretary of appeals under the new appeals system of decisions regarding claims for benefits under laws administered by the ,secretary1 the following3 7,a7 ,for the ,veterans ,benefits ,administration and1 to the extent practicable1 each regional office of the ,department of ,veterans ,affairs1 the number of-- 7i7 supplemental claims under section #eajh of title #ch1 ,united ,states ,code1 as amended by section #b7;i71 that are pending2 and 7ii7 requests for higher-level review under section #eajd;,b of such title1 as added by section #b7;g71 that are pending4 7,b7 ,the number of appeals on any docket maintained under section #gajg of such title1 as amended by section #b7t71 that are pending4 7,c7 ,the average duration for processing claims and supplemental claims1 disaggregated by regional office4 7,d7 ,the average duration for processing requests for higher-level review under section #eajd;,b of such title1 as added by section #b7;g71 disaggregated by regional office4 7,e7 ,the average number of days that appeals are pending on a non-hearing option docket of the ,board of ,veterans' ,appeals maintained pursuant to section #gajg of such title1 as amended by section #b7t71 and any other docket maintained by the ,board under such section that prohibits the submittal of additional evidence4 7,f7 ,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 allowed4 7,g7 ,the average number of days that an appeal is pending on any other docket maintained by the ,board under such section4 7,h7 ,in the case that the ,secretary develops and implements a policy under section #gajg7;e7 of such title1 as amended by section #b7t7-- 7i7 the number of cases moved from one docket to another pursuant to such policy2 7ii7 the average time cases were pending prior to moving from one docket to another2 and 7iii7 the average time to adjudicate the cases after so moving4 7,i7 ,the total number of remands to obtain advisory medical opinions under section #eaji7;d7 of title #ch1 ,united ,states ,code1 as added by section #b7;j74 7,j7 ,the average number of days between the date on which the ,board remands a claim to obtain an advisory medical opinion under section #eaji7;d7 of such title1 as so added1 and the date on which the advisory medical opinion is obtained4 7,k7 ,the average number of days between the date on which the ,board remands a claim to obtain an advisory medical opinion under section #eaji7;d7 of such title1 as so added1 and the date on which the agency of original jurisdiction issues a decision taking that advisory opinion into account4 7,l7 ,the number of appeals that are granted1 the number of appeals that are remanded1 and the number of appeals that are denied by the ,board disaggregated by docket4 7,m7 ,the number of claimants each year that take action within the period set forth in section #eaaj7;a77#b7 of such title1 as added by section #b7l71 to protect their effective date under such section #eaaj7;a77#b71 disaggregated by the status of the claimants taking the actions1 such as whether the claimant is represented by a veterans service organization1 the claimant is represented by an attorney1 or the claimant is taking such action pro se4 7,n7 ,the total number of times on average each claimant files under section #eaaj7;a77#b7 of such title1 as so added1 to protect their effective date under such section1 disaggregated by the subparagraph of such section under which they file4 7,o7 ,the average duration1 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 #eaaj7;a77#b7 of such title1 as so added-- 7i7 of claims under the new appeals system1 excluding legacy claims that opt in to the new appeals system2 and 7ii7 of legacy claims that opt in to the new appeals system4 7,p7 ,how frequently an action taken within one year to protect an effective date under section #eaaj7;a77#b7 of such title1 as so added1 leads to additional grant of benefits1 disaggregated by action taken4 7,q7 ,the average of how long it takes to complete each segment of the claims process while claimants are protecting the effective date under such section1 disaggregated by the time waiting for the claimant to take an action and the time waiting for the ,secretary to take an action4 7,r7 ,the number and the average amount of retroactive awards of benefits from the ,secretary as a result of protected effective dates under such section1 disaggregated by action taken4 7,s7 ,the average number of times claimants submit to the ,secretary different claims with respect to same condition1 such as an initial claim and a supplemental claim4 7,t7 ,the number of cases each year in which a claimant inappropriately tried to take simultaneous actions1 such as filing a supplemental claim while a higher-level review is pending1 what actions the ,secretary took in response1 and how long it took on average to take those actions4 7,u7 ,in the case that the ,secretary develops and implements a policy under section #eajd;,c7a77#b77;,d7 of such title1 as amended by section #b7;h77#a71 the number of actions withdrawn and new actions taken pursuant to such policy4 7,v7 ,the number of times the ,secretary received evidence relating to an appeal or higher-level review at a time not authorized under the new appeals system1 disaggregated by actions taken by the ,secretary to deal with the evidence and how long on average it took to take those actions4 7,w7 ,the number of errors committed by the ,secretary in carrying out the ,secretary's duty to assist under section #eajc;,a of title #ch1 ,united ,states ,code1 that were identified by higher-level review and by the ,board1 disaggregated by type of error1 such as errors relating to private records and inadequate examinations1 and a comparison with errors committed by the ,secretary in carrying out such duty with respect to appeals of decisions on legacy claims4 7,x7 ,an assessment of the productivity of employees at the regional offices and at the ,board1 disaggregated by level of experience of the employees4 7#b7 ,with respect to the processing by the ,secretary of appeals of decisions on legacy claims1 the following3 7,a7 ,the average duration of each segment of the appeals process1 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 action4 7,b7 ,the frequency by which appeals lead to additional grant of benefits by the ,secretary1 disaggregated by whether the additional benefits are a result of additional evidence added after the initial decision4 7,c7 ,the number and average amount of retroactive awards of benefits resulting from an appeal4 7,d7 ,the average duration from filing a legacy claim with the ,secretary until all appeals and remands relating to such legacy claim are completed4 7,e7 ,the average number of times claimants submit to the ,secretary different claims with respect to same condition1 such as an initial claim1 new and material evidence1 or a claim for an increase in benefits4 7,f7 ,an assessment of the productivity of employees at the regional offices and at the ,board1 disaggregated by level of experience of the employees4 7,g7 ,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 #eaji of title #ch1 ,united ,states ,code1 or section #gaji of such title 7as in effect on the day before the date of the enactment of this ,act74 7#c7 ,with respect to the processing by the ,secretary of appeals of decisions on legacy claims that opt in to the new appeals system1 the following3 7,a7 ,the cumulative number of such legacy claims4 7,b7 ,the portion of work in the new appeals system attributable to appeals of decisions on such legacy claims4 7,c7 ,the average period such legacy claims were pending before opting in to the new appeals system and the average period required to adjudicate such legacy claims on average after opting in-- 7i7 with respect to claims at a regional office of the ,department of ,veterans ,affairs1 disaggregated by-- 7,i7 supplemental claims under section #eajh of title #ch1 ,united ,states ,code1 as amended by section #b7;i72 and 7,,ii7 requests for higher-level review under section #eajd;,b of such title1 as added by section #b7;g72 and 7ii7 with respect to appeals1 disaggregated by docket of the ,board maintained under section #gajg of such title1 as amended by section #b7t74 #f4 ,definitions ,in this ,act3 7#a7 ,claimant ,the term claimant has the meaning given such term in section #eajj of title #ch1 ,united ,states ,code4 7#b7 ,legacy claims ,the term legacy claim means a claim-- 7,a7 that was submitted to the ,secretary of ,veterans ,affairs for a benefit under a law administered by the ,secretary2 and 7,b7 for which notice of a decision under section #eajd of title #ch1 ,united ,states ,code1 was provided by the ,secretary before the date set forth in section #b7x74 7#c7 ,opt in ,the term opt in means1 with respect to a legacy claim of a claimant1 that the claimant elects to subject the claim to the new appeals system pursuant to-- 7,a7 section #b7x77#c72 or 7,b7 such other mechanism as the ,secretary may prescribe for purposes of carrying out this ,act and the amendments made by this ,act4 7#d7 ,new appeals system ,the term new appeals system means the set of processes and mechanisms by which the ,secretary processes1 pursuant to the authorities and requirements modified by section #b1 claims for benefits under laws administered by the ,secretary4 #a4 ,short title ,this ,act may be cited as the ,veterans ,appeals ,improvement and ,modernization ,act of #bjag4 #b4 ,reform of rights and processes relating to appeals of decisions regarding claims for benefits under laws administered by ,secretary of ,veterans ,affairs 7a7 ,definitions ,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 laws administered by the ,secretary4 7#ce7 ,the term relevant evidence means evidence that tends to prove or disprove a matter in issue4 7#cf7 ,the term supplemental claim means a claim for benefits under laws administered by the ,secretary filed by a claimant who had previously filed a claim for the same or similar benefits on the same or similar basis4 4 7b7 ,notice regarding claims ,section #eajc7;a7 of such title is amended-- 7#a7 in paragraph 7#a71 in the first sentence1 by striking ,the and inserting ,except as provided in paragraph 7#c71 the2 7#b7 in paragraph 7#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#c7 by adding at the end the following new paragraph3 7#c7 ,the requirement to provide notice under paragraph 7#a7 shall not apply with respect to a supplemental claim that is filed within the timeframe set forth in subparagraphs 7,b7 and 7,d7 of section #eaaj7;a77#b7 of this title4 4 7c7 ,modification of rule regarding disallowed claims ,section #eajc;,a7f7 of such title is amended-- 7#a7 by striking reopen and inserting readjudicate2 and 7#b7 by striking material and inserting relevant4 7d7 ,modification of duty to assist claimants ,section #eajc;,a of such title is amended-- 7#a7 by redesignating subsections 7e7 through 7g7 as subsections 7g7 through 7i71 respectively2 and 7#b7 by inserting after subsection 7d7 the following new subsections3 7e7 ,applicability of duty to assist 7#a7 ,the ,secretary's duty to assist under this section 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 7#b7 ,the ,secretary's duty to assist under this section 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 7f7 ,correction of duty to assist errors 7#a7 ,if1 during review of the agency of original jurisdiction decision under section #eajd;,b of this title1 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 section1 and that error occurred prior to the agency of original jurisdiction decision being reviewed1 unless the ,secretary may award the maximum benefit in accordance with this title based on the evidence of record1 the higher-level adjudicator shall return the claim for correction of such error and readjudication4 7#b7 7,a7 ,if the ,board of ,veterans' ,appeals1 during review on appeal of an agency of original jurisdiction decision1 identifies or learns of an error on the part of the agency of original jurisdiction to satisfy its duties under this section1 and that error occurred prior to the agency of original jurisdiction decision on appeal1 unless the ,secretary may award the maximum benefit in accordance with this title based on the evidence of record1 the ,board shall remand the claim to the agency of original jurisdiction for correction of such error and readjudication4 7,b7 ,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 7#c7 ,nothing in this subsection shall be construed to imply that the ,secretary1 during the consideration of a claim1 does not have a duty to correct an error described in paragraph 7#a7 or 7#b7 that was erroneously not identified during higher-level review or during review on appeal with respect to the claim4 4 7e7 ,decisions and notices of decisions ,subsection 7b7 of section #eajd of such title is amended to read as follows3 7b7 ,each notice provided under subsection 7a7 shall also include all of the following3 7#a7 ,identification of the issues adjudicated4 7#b7 ,a summary of the evidence considered by the ,secretary4 7#c7 ,a summary of the applicable laws and regulations4 7#d7 ,identification of findings favorable to the claimant4 7#e7 ,in the case of a denial1 identification of elements not satisfied leading to the denial4 7#f7 ,an explanation of how to obtain or access evidence used in making the decision4 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 ,binding nature of favorable findings 7#a7 ,in general ,chapter #ea of such title is amended by inserting after section #eajd the following new section3 #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 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea of such title is amended by inserting after the item relating to section #eajd the following new item3 #eajd;,a4 ,binding nature of favorable findings4 4 7g7 ,higher-level review by agency of original jurisdiction 7#a7 ,in general ,chapter #ea of such title1 as amended by subsection 7f71 is further amended by inserting after section #eajd;,a1 as added by such subsection1 the following new section3 #eajd;,b4 ,higher-level review by the agency of original jurisdiction 7a7 ,in general 7#a7 ,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 jurisdiction4 7#b7 ,the ,secretary shall approve each request for review under paragraph 7#a74 7b7 ,time and manner of request 7#a7 ,a request for higher-level review by the agency of original jurisdiction shall be-- 7,a7 in writing in such form as the ,secretary may prescribe2 and 7,b7 made within one year of the notice of the agency of original jurisdiction's decision4 7#b7 ,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 ,the ,secretary shall not deny such request for review by an adjudicator at a different office of the agency of original jurisdiction without good cause4 7c7 ,decision ,notice of a higher-level review decision under this section shall be provided in writing and shall include a general statement-- 7#a7 reflecting whether evidence was not considered pursuant to subsection 7d72 and 7#b7 noting the options available to the claimant to have the evidence described in paragraph 7#a71 if any1 considered by the ,department4 7d7 ,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 reviewed4 7e7 ,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 novo4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea of such title1 as amended by subsection 7f71 is further amended by inserting after the item relating to section #eajd;,a1 as added by such subsection1 the following new item3 #eajd;,b4 ,higher-level review by the agency of original jurisdiction4 4 7h7 ,options following decision by agency of original jurisdiction 7#a7 ,in general ,chapter #ea of such title1 as amended by subsection 7g71 is further amended by inserting after section #eajd;,b1 as added by such subsection1 the following new section3 #eajd;,c4 ,options following decision by agency of original jurisdiction 7a7 ,within one year of decision 7#a7 ,subject to paragraph 7#b71 in any case in which the ,secretary renders a decision on a claim1 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 claim3 7,a7 ,file a request for higher-level review under section #eajd;,b of this title4 7,b7 ,file a supplemental claim under section #eajh of this title4 7,c7 ,file a notice of disagreement under section #gaje of this title4 7#b7 7,a7 ,once a claimant takes an action set forth in paragraph 7#a71 the claimant may not take another action set forth in that paragraph with respect to the same claim or same issue contained within the claim until-- 7i7 the higher-level review1 supplemental claim1 or notice of disagreement is adjudicated2 or 7ii7 the request for higher-level review1 supplemental claim1 or notice of disagreement is withdrawn4 7,b7 ,nothing in this subsection shall prohibit a claimant from taking any of the actions set forth in paragraph 7#a7 in succession with respect to a claim or an issue contained within the claim4 7,c7 ,nothing in this subsection shall prohibit a claimant from taking different actions set forth in paragraph 7#a7 with respect to different claims or different issues contained within a claim4 7,d7 ,the ,secretary may1 as the ,secretary considers appropriate1 develop and implement a policy for claimants who-- 7i7 take an action under paragraph 7#a72 7ii7 wish to withdraw the action before the higher-level review1 supplemental claim1 or notice of disagreement is adjudicated2 and 7iii7 in lieu of such action take a different action under paragraph 7#a74 7b7 ,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 claim1 the claimant may file a supplemental claim under section #eajh of this title4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea of such title1 as amended by subsection 7g71 is further amended by inserting after the item relating to section #eajd;,b1 as added by such subsection1 the following new item3 #eajd;,c4 ,options following decision by agency of original jurisdiction4 4 7i7 ,supplemental claims 7#a7 ,in general ,section #eajh of such title is amended to read as follows3 #eajh4 ,supplemental claims 7a7 ,in general ,if new and relevant evidence is presented or secured with respect to a supplemental claim1 the ,secretary shall readjudicate the claim taking into consideration all of the evidence of record4 7b7 ,duty to assist 7#a7 ,if a claimant1 in connection with a supplemental claim1 reasonably identifies existing records1 whether or not in the custody of a ,federal department or agency1 the ,secretary shall assist the claimant in obtaining the records in accordance with section #eajc;,a of this title4 7#b7 ,assistance under paragraph 7#a7 shall not be predicated upon a finding that new and relevant evidence has been presented or secured4 4 7#b7 ,rule of construction ,section #eajh of such title1 as amended by paragraph 7#a71 shall not be construed to impose a higher evidentiary threshold than the new and material evidence standard that was in effect pursuant to such section on the day before the date of the enactment of this ,act4 7#c7 ,clerical amendment ,the table of sections at the beginning of chapter #ea of such title is amended by striking the item relating to section #eajh and inserting the following new item3 #eajh4 ,supplemental claims4 4 7j7 ,remand to obtain advisory medical opinion ,section #eaji of such title is amended by adding at the end the following new subsection3 7d7 7#a7 ,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 opinion4 7#b7 ,the ,board's remand instructions shall include the questions to be posed to the independent medical expert providing the advisory medical opinion4 4 7k7 ,restatement of requirement for expedited treatment of returned and remanded claims 7#a7 ,in general ,section #eaji;,b of such title is amended to read as follows3 #eaji;,b4 ,expedited treatment of returned and remanded claims ,the ,secretary shall take such actions as may be necessary to provide for the expeditious treatment by the ,veterans ,benefits ,administration of any claim that is returned by a higher-level adjudicator under section #eajd;,b of this title or remanded by the ,board of ,veterans' ,appeals4 4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ea of such title is amended by striking the item relating to section #eaji;,b and inserting the following new item3 #eaji;,b4 ,expedited treatment of returned and remanded claims4 4 7l7 ,effective dates of awards ,section #eaaj of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 7#a7 ,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 ,for purposes of determining the effective date of an award under this section1 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 following1 either alone or in succession3 7,a7 ,a request for higher-level review under section #eajd;,b of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision4 7,b7 ,a supplemental claim under section #eajh of this title on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision4 7,c7 ,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 decision4 7,d7 ,a supplemental claim under section #eajh of this title on or before the date that is one year after the date on which the ,board of ,veterans' ,appeals issues a decision4 7,e7 ,a supplemental claim under section #eajh 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 decision4 7#c7 ,except as otherwise provided in this section1 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 decision1 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 7i71 in the first sentence-- 7,a7 by striking reopened and inserting readjudicated2 7,b7 by striking material and inserting relevant2 and 7,c7 by striking reopening and inserting readjudication4 7m7 ,definition of award or increased award for purposes of provisions relating to commencement of period of payment ,section #eaaa7;d77#a7 of such title is amended by striking or reopened award and inserting award or award based on a supplemental claim4 7n7 ,modification of limitation on fees allowable for representation ,section #eijd7;c7 of such title is amended1 in paragraphs 7#a7 and 7#b71 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 #eajd of this title4 7o7 ,clarification of ,board of ,veterans' ,appeals referral requirements after order for reconsideration of decisions ,section #gajc7;b77#a7 of title #ch1 ,united ,states ,code1 is amended by striking heard both places it appears and inserting decided4 7p7 ,conforming amendment relating to readjudication ,section #gajd7;b7 of such title is amended by striking reopened and inserting readjudicated4 7q7 ,modification of procedures for appeals to ,board of ,veterans' ,appeals 7#a7 ,in general ,section #gaje of title #ch1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a71 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 ,secretary42 7,b7 by amending subsection 7b7 to read as follows3 7b7 7#a7 7,a7 ,except in the case of simultaneously contested claims1 a notice of disagreement shall be filed within one year from the date of the mailing of notice of the decision of the agency of original jurisdiction pursuant to section #eajd1 #eajd;,b1 or #eajh of this title4 7,b7 ,a notice of disagreement postmarked before the expiration of the one-year period shall be accepted as timely filed4 7,c7 ,a question as to timeliness or adequacy of the notice of disagreement shall be decided by the ,board4 7#b7 7,a7 ,notices of disagreement shall be in writing1 shall identify the specific determination with which the claimant disagrees1 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 7,b7 ,not more than one recognized organization1 attorney1 or agent may be recognized at any one time in the prosecution of a claim4 7,c7 ,notices of disagreement shall be filed with the ,board4 7#c7 ,the notice of disagreement shall indicate whether the claimant requests-- 7,a7 a hearing before the ,board1 which shall include an opportunity to submit evidence in accordance with section #gaac7;b7 of this title2 7,b7 an opportunity to submit additional evidence without a hearing before the ,board1 which shall include an opportunity to submit evidence in accordance with section #gaac7;c7 of this title2 or 7,c7 a review by the ,board without a hearing or the submittal of additional evidence4 7#d7 ,the ,secretary shall develop a policy to permit a claimant to modify the information identified in the notice of disagreement after the notice of disagreement has been filed under this section pursuant to such requirements as the ,secretary may prescribe4 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 action or decision of the agency of original jurisdiction shall become final and the claim shall not thereafter be readjudicated or allowed1 except-- 7#a7 in the case of a readjudication or allowance pursuant to a higher-level review that was requested in accordance with section #eajd;,b of this title2 7#b7 as may otherwise be provided by section #eajh of this title2 or 7#c7 as may otherwise be provided in such regulations as are consistent with this title4 2 7,d7 by striking subsection 7d7 and inserting the following new subsection 7d73 7d7 ,the ,board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees4 2 7,e7 by striking subsection 7e72 and 7,f7 in the section heading1 by striking notice of disagreement and4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ga of such title is amended by striking the item relating to section #gaje and inserting the following new item3 #gaje4 ,filing of appeal4 4 7r7 ,modification of procedures and requirements for simultaneously contested claims ,subsection 7b7 of section #gaje;,a of such title is amended to read as follows3 7b7 7#a7 ,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 thereto4 7#b7 ,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 7s7 ,repeal of procedures for administrative appeals 7#a7 ,in general ,chapter #ga of such title is amended by striking section #gajf4 7#b7 ,clerical amendment ,the table of sections at the beginning of chapter #ga of such title is amended by striking the item relating to section #gajf4 7t7 ,modifications relating to appeals3 dockets2 hearings ,section #gajg of such title is amended to read as follows3 #gajg4 ,appeals3 dockets2 hearings 7a7 ,dockets 7#a7 ,subject to paragraph 7#b71 the ,board shall maintain at least two separate dockets4 7#b7 ,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 docket1 including a justification for maintaining such additional docket4 7#c7 7,a7 ,the ,board may assign to each docket maintained under paragraph 7#a7 such cases as the ,board considers appropriate1 except that cases described in clause 7i7 of subparagraph 7,b7 may not be assigned to any docket to which cases described in clause 7ii7 of such paragraph are assigned4 7,b7 ,cases described in this paragraph are the following3 7i7 ,cases in which no ,board hearing is requested4 7ii7 ,cases in which a ,board hearing is requested in the notice of disagreement4 7#d7 ,except as provided in subsection 7b71 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 ,board4 7b7 ,advancement on the docket 7#a7 ,a case on one of the dockets of the ,board maintained under subsection 7a7 may1 for cause shown1 be advanced on motion for earlier consideration and determination4 7#b7 ,any such motion shall set forth succinctly the grounds upon which the motion is based4 7#c7 ,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 7c7 ,manner and scheduling of hearings for cases on a docket that may include a hearing 7#a7 ,for cases on a docket maintained by the ,board under subsection 7a7 that may include a hearing1 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 location2 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 subparagraph 7,a7 of paragraph 7#a71 the appellant may alternatively request a hearing as described in subparagraph 7,b7 of such paragraph4 ,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 subparagraph 7,b7 of paragraph 7#a71 the appellant may alternatively request a hearing as described in subparagraph 7,a7 of such paragraph4 ,if so requested1 the ,board shall grant such request4 7d7 ,screening of cases ,nothing in this section shall be construed to preclude the screening of cases for purposes of-- 7#a7 determining the adequacy of the record for decisional purposes2 or 7#b7 the development1 or attempted development1 of a record found to be inadequate for decisional purposes4 7e7 ,policy on changing dockets ,the ,secretary shall develop and implement a policy allowing an appellant to move the appellant's case from one docket to another docket4 4 7u7 ,repeal of certain authority for independent medical opinions 7#a7 ,in general ,section #gaji of such title is repealed4 7#b7 ,conforming amendment ,section #egja7;b77#a7 of such title is amended by striking or #gaji4 7#c7 ,clerical amendment ,the table of sections at the beginning of chapter #ga of such title is amended by striking the item relating to section #gaji4 7v7 ,clarification of procedures for review of decisions on grounds of clear and unmistakable error ,section #gaaa7;e7 of such title is amended by striking 1 without referral to any adjudicative or hearing official acting on behalf of the ,secretary4 7w7 ,evidentiary record before ,board of ,veterans' ,appeals 7#a7 ,in general ,chapter #ga of such title is amended by adding at the end the following new section3 #gaac4 ,evidentiary record before the ,board of ,veterans' ,appeals 7a7 ,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 evidence1 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 appeal4 7b7 ,cases with a request for a hearing 7#a7 ,except as provided in paragraph 7#b71 for cases 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 decision of the agency of original jurisdiction on appeal4 7#b7 ,the evidentiary record before the ,board for cases described in paragraph 7#a7 shall include each of the following1 which the ,board shall consider in the first instance3 7,a7 ,evidence submitted by the appellant and his or her representative1 if any1 at the ,board hearing4 7,b7 ,evidence submitted by the appellant and his or her representative1 if any1 within #ij days following the ,board hearing4 7c7 ,cases with no request for a hearing and with a request for additional evidence 7#a7 ,except as provided in paragraph 7#b71 for cases in which a hearing is not requested in the notice of disagreement but an opportunity to submit evidence is requested1 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 described in paragraph 7#a7 shall include each of the following1 which the ,board shall consider in the first instance3 7,a7 ,evidence submitted by the appellant and his or her representative1 if any1 with the notice of disagreement4 7,b7 ,evidence submitted by the appellant and his or her representative1 if any1 within #ij days following receipt of the notice of disagreement4 4 7#b7 ,notification when evidence not considered ,section #gajd7;d7 of such title is amended-- 7,a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7,b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,c7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 a general statement-- 7,a7 reflecting whether evidence was not considered in making the decision because the evidence was received at a time when not permitted under section #gaac of this title2 and 7,b7 noting such options as may be available for having the evidence considered by the ,department2 and 4 7#c7 ,clerical amendment ,the table of sections at the beginning of chapter #ga of such title is amended by inserting after the item relating to section #gaab the following new item3 #gaac4 ,evidentiary record before the ,board of ,veterans' ,appeals4 4 7x7 ,applicability 7#a7 ,in general ,except as otherwise provided in this subsection1 the amendments made by this section shall apply to all claims for which notice of a decision under section #eajd of title #ch1 ,united ,states ,code1 is provided by the ,secretary of ,veterans ,affairs on or after the later of-- 7,a7 the date that is #edj days after the date of the enactment of this ,act2 and 7,b7 the date that is #cj days after the date on which the ,secretary of ,veterans ,affairs submits to the appropriate committees of ,congress-- 7i7 a certification that the ,secretary confirms1 without delegation1 that the ,department of ,veterans ,affairs has the resources1 personnel1 office space1 procedures1 and information technology required-- 7,i7 to carry out the new appeals system2 7,,ii7 to timely address appeals under the new appeals system2 and 7,,iii7 to timely address appeals of decisions on legacy claims2 and 7ii7 a summary of the expectations for performance outcomes that the ,secretary used in making the certification under clause 7i77,,iii7 and a comparison of such expected performance outcomes with actual performance outcomes with respect to appeals of legacy claims before the effective date of the new appeals system4 7#b7 ,collaboration ,in determining whether and when to make a certification under paragraph 7#a77;,b71 the ,secretary shall collaborate with1 partner with1 and give weight to the advice of veterans service organizations and such other stakeholders as the ,secretary considers appropriate4 7#c7 ,early applicability ,the ,secretary may apply the new appeals system to a claim with respect to which the claimant-- 7,a7 receives a notice of a decision under section #eajd of such title after the date of the enactment of this ,act and before the applicability date set forth in paragraph 7#a72 and 7,b7 elects to subject the claim to the new appeals system4 7#d7 ,phased rollout ,the ,secretary may begin implementation of the new appeals system in phases1 with the first phase of such phased implementation beginning on the applicability date set forth in paragraph 7#a74 7#e7 ,treatment of legacy claims ,with respect to legacy claims1 upon the issuance to a claimant of a statement of the case or supplemental statement of the case occurring on or after the applicability date specified in paragraph 7#a71 a claimant may elect to participate in the new appeals system4 7#f7 ,publication of applicability date ,not later than the date on which the new appeals system goes into effect 7or the first phase of the new appeals system goes into effect under paragraph 7#d71 as the case may be71 the ,secretary shall publish in the ,federal ,register such date4 7#g7 ,definitions ,in this subsection3 7,a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7i7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,senate2 and 7ii7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7,b7 ,veterans service organization ,the term veterans service organization means any organization recognized by the ,secretary for the representation of veterans under section #eijb of title #ch1 ,united ,states ,code4 7y7 ,rule of construction ,nothing in this section or any of the amendments made by this section shall be construed to limit the ability of a claimant to request a revision of a decision under section #eaji;,a or #gaaa of title #ch1 ,united ,states ,code4 #c4 ,comprehensive plan for processing of legacy appeals and implementing new appeals system 7a7 ,plan required ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the appropriate committees of ,congress and the ,comptroller ,general of the ,united ,states a comprehensive plan for-- 7#a7 the processing of appeals of decisions on legacy claims that the ,secretary considers pending2 7#b7 implementing the new appeals system2 7#c7 timely processing1 under the new appeals system1 of-- 7,a7 supplemental claims under section #eajh of title #ch1 ,united ,states ,code1 as amended by section #b7;i72 7,b7 requests for higher-level review under section #eajd;,b of such title1 as added by section #b7;g72 and 7,c7 appeals on any docket maintained under section #gajg of such title1 as amended by section #b7t72 and 7#d7 monitoring the implementation of the new appeals system1 including metrics and goals-- 7,a7 to track the progress of the implementation2 7,b7 to evaluate the efficiency and effectiveness of the implementation2 and 7,c7 to identify potential issues relating to the implementation4 7b7 ,elements ,the plan required by subsection 7a7 shall include1 at a minimum1 the following3 7#a7 ,delineation of the total resource requirements of the ,veterans ,benefits ,administration and the ,board of ,veterans' ,appeals1 disaggregated by resources required to implement and administer the new appeals system and resources required to address the appeals of decisions on legacy claims4 7#b7 ,delineation of the personnel requirements of the ,administration and the ,board1 including staffing levels during the-- 7,a7 period in which the ,administration and the ,board are concurrently processing-- 7i7 appeals of decisions on legacy claims2 and 7ii7 appeals of decisions on non-legacy claims under the new appeals system2 and 7,b7 the period during which the ,administration and the ,board are no longer processing any appeals of decisions on legacy claims4 7#c7 ,identification of the legal authorities under which the ,administration or the ,board may-- 7,a7 hire additional employees to conduct the concurrent processing described in paragraph 7#b77;,a72 and 7,b7 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 claims4 7#d7 ,an estimate of the amount of time the ,administration and the ,board will require to hire additional employees as described in paragraph 7#c77;,a7 once funding has been made available for such purpose1 including a comparison of such estimate and the historical average time required by the ,administration and the ,board to hire additional employees4 7#e7 ,a description of the amount of training and experience that will be required of individuals conducting higher-level reviews under section #eajd;,b of title #ch1 ,united ,states ,code1 as added by section #b7;g74 7#f7 ,an estimate of the percentage of higher-level adjudicators who will be employees of the ,department of ,veterans ,affairs who were ,decision ,review ,officers on the day before the new appeals system takes effect or had experience1 as of such date1 comparable to that of one who was a ,decision ,review ,officer4 7#g7 ,a description of the functions that will be performed after the date on which the new appeals system takes effect by ,decision ,review ,officers who were ,decision ,review ,officers on the day before the date the new appeals system takes effect4 7#h7 ,identification of and a timeline for-- 7,a7 any training that may be required as a result of hiring new employees to carry out the new appeals system or to process appeals of decisions on legacy claims2 and 7,b7 any retraining of existing employees that may be required to carry out such system or to process such claims4 7#i7 ,identification of the costs to the ,department of ,veterans ,affairs of the training identified under paragraph 7#h7 and any additional training staff and any additional training facilities that will be required to provide such training4 7#aj7 ,a description of the modifications to the information technology systems of the ,administration and the ,board that the ,administration and the ,board require to carry out the new appeals system1 including cost estimates and a timeline for making the modifications4 7#aa7 ,an estimate of the office space the ,administration and the ,board will require during each of the periods described in paragraph 7#b71 including-- 7,a7 an estimate of the amount of time the ,administration and the ,board will require to acquire any additional office space to carry out processing of appeals of decisions on legacy claims and processing of appeals under the new appeals system2 7,b7 a comparison of the estimate under subparagraph 7,a7 and the historical average time required by the ,administration and the ,board to acquire new office space2 and 7,c7 a plan for using telework to accommodate staff exceeding available office space1 including how the ,administration and the ,board will provide training and oversight with respect to such teleworking4 7#ab7 ,projections for the productivity of individual employees at the ,administration and the ,board in carrying out tasks relating to the processing of appeals of decisions on legacy claims and appeals under the new appeals system1 taking into account the experience level of new employees and the enhanced notice requirements under section #eajd7;b7 of title #ch1 ,united ,states ,code1 as amended by section #b7;e74 7#ac7 ,an outline of the outreach the ,secretary expects to conduct to inform veterans1 families of veterans1 survivors of veterans1 veterans service organizations1 military service organizations1 congressional caseworkers1 advocates for veterans1 and such other stakeholders as the ,secretary considers appropriate about the new appeals system1 including-- 7,a7 a description of the resources required to conduct such outreach2 and 7,b7 timelines for conducting such outreach4 7#ad7 ,timelines for updating any policy guidance1 ,internet websites1 and official forms that may be necessary to carry out the new appeals system1 including-- 7,a7 identification of which offices and entities will be involved in efforts relating to such updating2 and 7,b7 historical information about how long similar update efforts have taken4 7#ae7 ,a timeline1 including interim milestones1 for promulgating such regulations as may be necessary to carry out the new appeals system and a comparison with historical averages for time required to promulgate regulations of similar complexity and scope4 7#af7 ,an outline of the circumstances under which claimants with pending appeals of decisions on legacy claims would be authorized to have their appeals reviewed under the new appeals system4 7#ag7 ,a delineation of the key goals and milestones for reducing the number of pending appeals that are not processed under the new appeals system1 including the expected number of appeals1 remands1 and hearing requests at the ,administration and the ,board each year1 beginning with the one year period beginning on the date of the enactment of this ,act1 until there are no longer any appeals pending before the ,administration or the ,board for a decision on a legacy claim4 7#ah7 ,a description of each risk factor associated with each element of the plan and a contingency plan to minimize each such risk4 7c7 ,review by ,comptroller ,general of the ,united ,states 7#a7 ,in general ,not later than #ij days after the ,comptroller ,general of the ,united ,states receives the plan required by subsection 7a71 the ,comptroller ,general shall-- 7,a7 assess such plan2 and 7,b7 notify the appropriate committees of ,congress of the findings of the ,comptroller ,general with respect to the assessment conducted under subparagraph 7,a74 7#b7 ,elements ,the assessment conducted under paragraph 7#a77;,a7 shall include the following3 7,a7 ,an assessment of whether the plan comports with sound planning practices4 7,b7 ,identification of any gaps in the plan4 7,c7 ,formulation of such recommendations as the ,comptroller ,general considers appropriate4 7d7 ,periodic progress reports ,not later than #ij days after the date on which the ,secretary submits the plan under subsection 7a71 not less frequently than once every #ij days thereafter until the applicability date set forth in section #b7x77#a71 and not less frequently than once every #ahj days thereafter for the seven-year period following such applicability date1 the ,secretary shall submit to the appropriate committees of ,congress and the ,comptroller ,general a report on the progress of the ,secretary in carrying out the plan and what steps1 if any1 the ,secretary has taken to address any recommendations formulated by the ,comptroller ,general pursuant to subsection 7c77#b77;,c74 7e7 ,publication ,the ,secretary shall make available to the public on an ,internet website of the ,department of ,veterans ,affairs-- 7#a7 the plan required by subsection 7a72 and 7#b7 the periodic progress reports required by subsection 7d74 7f7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,veterans' ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 #d4 ,programs to test assumptions relied on in development of comprehensive plan for processing of legacy appeals and supporting new appeals system 7a7 ,authorization 7#a7 ,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 #c7;a7 and to test the feasibility and advisability of any facet of the new appeals system4 7#b7 ,reporting required ,whenever the ,secretary determines1 based on the conduct of a program under paragraph 7#a71 that legislative changes to the new appeals system are necessary1 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 determination4 7b7 ,department of ,veterans ,affairs program on fully developed appeals 7#a7 ,in general ,the ,secretary of ,veterans ,affairs may1 under subsection 7a77#a71 carry out a program to provide the option of an alternative appeals process that shall more quickly determine such appeals in accordance with this subsection4 7#b7 ,election 7,a7 ,filing ,in accordance with subparagraph 7,b71 a claimant may elect to file a fully developed appeal under the program by filing with the ,secretary all of the following3 7i7 ,the notice of disagreement under chapter #ga of title #ch1 ,united ,states ,code1 along with the written election of the claimant to have the appeal determined under the program4 7ii7 ,all evidence that the claimant believes is needed for the appeal as of the date of the filing4 7iii7 ,a statement of the argument in support of the claim1 if any4 7,b7 ,timing ,a claimant shall make an election under subparagraph 7,a7 as part of the notice of disagreement filed by the claimant in accordance with subparagraph 7,a77i74 7,c7 ,triage ,the ,secretary shall1 upon expiration of the period specified in paragraph 7#c77;,c77iii71 ensure that an assessment is undertaken of whether an appeal filed under subparagraph 7,a7 of this paragraph satisfies the requirements for appeal under the program and provide appropriate notification to the claimant of the results of that assessment4 7,d7 ,reversion 7i7 ,elected reversion ,at any time1 a claimant who makes an election under subparagraph 7,a7 may elect to revert to the standard appeals process4 ,such a reversion shall be final4 7ii7 ,automatic reversion ,a claimant described in clause 7i71 or a claimant who makes an election under subparagraph 7,a7 but is later determined to be ineligible for the program under paragraph 7#a71 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 appeal4 7,e7 ,outreach ,in providing claimants with notices of the determination of a claim during the period in which the program under paragraph 7#a7 is carried out1 the ,secretary shall conduct outreach as follows3 7i7 ,the ,secretary shall provide to the claimant 7and to the representative of record of the claimant1 if any7 information regarding-- 7,i7 the program1 including the advantages and disadvantages of the program2 7,,ii7 how to make an election under subparagraph 7,a72 7,,iii7 the limitation on the use of new evidence described in subparagraph 7,c7 of paragraph 7#c7 and the development of information under subparagraph 7,d7 of such paragraph2 7,,iv7 the ability of the claimant to seek advice and education regarding such process from veterans service organizations1 attorneys1 and claims agents recognized under chapter #ei of title #ch1 ,united ,states ,code2 and 7,v7 the circumstances under which the appeal will automatically revert to the standard appeals process1 including by making a request for a hearing4 7ii7 ,the ,secretary shall collaborate1 partner with1 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 program4 7#c7 ,treatment by ,department and ,board 7,a7 ,process ,upon the election of a claimant to file a fully developed appeal pursuant to paragraph 7#b77;,a71 the ,secretary shall-- 7i7 not provide the claimant with a statement of the case nor require the claimant to file a substantive appeal2 and 7ii7 transfer jurisdiction over the fully developed appeal directly to the ,board of ,veterans' ,appeals4 7,b7 ,docket 7i7 ,in general ,the ,board of ,veterans' ,appeals shall-- 7,i7 maintain fully developed appeals on a separate docket than standard appeals2 7,,ii7 decide fully developed appeals in the order that the fully developed appeals are received on the fully developed appeal docket2 7,,iii7 except as provided by clause 7ii71 decide not more than one fully developed appeal for each four standard appeals decided2 and 7,,iv7 to the extent practicable1 decide each fully developed appeal by the date that is one year following the date on which the claimant files the notice of disagreement4 7ii7 ,adjustment ,beginning one year after the date on which the program commences1 the ,board may adjust the number of standard appeals decided for each fully developed appeal under clause 7i77,,iii7 if the ,board determines that such adjustment is fair for both standard appeals and fully developed appeals4 7,c7 ,limitation on use of new evidence 7i7 ,in general ,except as provided by clauses 7ii7 and 7iii7-- 7,i7 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 7#b77;,d72 and 7,,ii7 if a claimant submits or identifies any such new evidence1 such submission or identification shall be deemed to be an election to make such a reversion pursuant to paragraph 7#b77;,d74 7ii7 ,evidence gathered by ,board ,clause 7i7 shall not apply to evidence developed pursuant to subparagraphs 7,d7 and 7,e74 ,the ,board shall consider such evidence in the first instance without consideration by the ,veterans ,benefits ,administration4 7iii7 ,representative of record ,the representative of record of a claimant for appeals purposes1 if any1 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 subparagraph4 7,d7 ,prohibition on remand for additional development ,if the ,board of ,veterans' ,appeals determines that a fully developed appeal requires ,federal records1 independent medical opinions1 or new medical examinations1 the ,board shall-- 7i7 in accordance with subparagraph 7,e71 take such actions as may be necessary to develop such records1 opinions1 or examinations in accordance with section #eajc;,a of title #ch1 ,united ,states ,code2 7ii7 retain jurisdiction of the fully developed appeal without requiring a determination by the ,veterans ,benefits ,administration based on such records1 opinions1 or examinations2 7iii7 ensure the claimant1 and the representative of record of a claimant1 if any1 receives a copy of such records1 opinions1 or examinations2 and 7iv7 provide the claimant a period of #ij days after the date of mailing such records1 opinions1 or examinations during which the claimant may provide the ,board any additional evidence without requiring the claimant to make a reversion pursuant to paragraph 7#b77;,d74 7,e7 ,development unit 7i7 ,establishment ,the ,board of ,veterans' ,appeals shall establish an office to develop ,federal records1 independent medical opinions1 and new medical examinations pursuant to subparagraph 7,d77i7 that the ,board determines necessary to decide a fully developed appeal4 7ii7 ,requirements ,the ,secretary shall-- 7,i7 ensure that the ,veterans ,benefits ,administration cooperates with the ,board of ,veterans' ,appeals in carrying out clause 7i72 and 7,,ii7 transfer employees of the ,veterans ,benefits ,administration who1 prior to the enactment of this ,act1 were responsible for processing claims remanded by the ,board of ,veterans' ,appeals to positions within the office of the ,board established under clause 7i7 in a number the ,secretary determines sufficient to carry out such subparagraph4 7,f7 ,hearings ,notwithstanding section #gajg of title #ch1 ,united ,states ,code1 the ,secretary may not provide hearings with respect to fully developed appeals under the program4 ,if a claimant requests to hold a hearing pursuant to such section #gajg1 such request shall be deemed to be an election to revert to the standard appeals process pursuant to paragraph 7#b77;,d74 7#d7 ,duration2 applicability 7,a7 ,duration ,subject to subsection 7c71 the ,secretary may carry out the program during such period as the ,secretary considers appropriate4 7,b7 ,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 7,a74 7#e7 ,definitions ,in this subsection3 7,a7 ,compensation ,the term compensation has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 7,b7 ,fully developed appeal ,the term fully developed appeal means an appeal of a claim for disability compensation that is-- 7i7 filed by a claimant in accordance with paragraph 7#b77;,a72 and 7ii7 considered in accordance with this subsection4 7,c7 ,standard appeal ,the term standard appeal means an appeal of a claim for disability compensation that is not a fully developed appeal4 7c7 ,termination of authority ,the ,secretary of ,veterans ,affairs may not carry out a program under this section after the applicability date set forth in section #b7x77#a74 #e4 ,periodic publication of metrics relating to processing of appeals by ,department of ,veterans ,affairs ,the ,secretary of ,veterans ,affairs shall periodically publish on an ,internet website of the ,department of ,veterans ,affairs the following3 7#a7 ,with respect to the processing by the ,secretary of appeals under the new appeals system of decisions regarding claims for benefits under laws administered by the ,secretary1 the following3 7,a7 ,for the ,veterans ,benefits ,administration and1 to the extent practicable1 each regional office of the ,department of ,veterans ,affairs1 the number of-- 7i7 supplemental claims under section #eajh of title #ch1 ,united ,states ,code1 as amended by section #b7;i71 that are pending2 and 7ii7 requests for higher-level review under section #eajd;,b of such title1 as added by section #b7;g71 that are pending4 7,b7 ,the number of appeals on any docket maintained under section #gajg of such title1 as amended by section #b7t71 that are pending4 7,c7 ,the average duration for processing claims and supplemental claims1 disaggregated by regional office4 7,d7 ,the average duration for processing requests for higher-level review under section #eajd;,b of such title1 as added by section #b7;g71 disaggregated by regional office4 7,e7 ,the average number of days that appeals are pending on a docket of the ,board of ,veterans' ,appeals maintained pursuant to section #gajg of such title1 as amended by section #b7t71 disaggregated by-- 7i7 appeals that include a request for a hearing2 7ii7 appeals that do not include a request for a hearing and do include submittal of evidence2 and 7iii7 appeals that do not include a request for a hearing and do not include submittal of evidence4 7,f7 ,with respect to the policy developed and implemented under section #gajg7;e7 of such title1 as amended by section #b7t7-- 7i7 the number of cases moved from one docket to another pursuant to such policy2 7ii7 the average time cases were pending prior to moving from one docket to another2 and 7iii7 the average time to adjudicate the cases after so moving4 7,g7 ,the total number of remands to obtain advisory medical opinions under section #eaji7;d7 of title #ch1 ,united ,states ,code1 as added by section #b7;j74 7,h7 ,the average number of days between the date on which the ,board remands a claim to obtain an advisory medical opinion under section #eaji7;d7 of such title1 as so added1 and the date on which the advisory medical opinion is obtained4 7,i7 ,the average number of days between the date on which the ,board remands a claim to obtain an advisory medical opinion under section #eaji7;d7 of such title1 as so added1 and the date on which the agency of original jurisdiction issues a decision taking that advisory opinion into account4 7,j7 ,the number of appeals that are granted1 the number of appeals that are remanded1 and the number of appeals that are denied by the ,board disaggregated by docket4 7,k7 ,the number of claimants each year that take action within the period set forth in section #eaaj7;a77#b7 of such title1 as added by section #b7l71 to protect their effective date under such section #eaaj7;a77#b71 disaggregated by the status of the claimants taking the actions1 such as whether the claimant is represented by a veterans service organization1 the claimant is represented by an attorney1 or the claimant is taking such action pro se4 7,l7 ,the total number of times on average each claimant files under section #eaaj7;a77#b7 of such title1 as so added1 to protect their effective date under such section1 disaggregated by the subparagraph of such section under which they file4 7,m7 ,the average duration1 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 #eaaj7;a77#b7 of such title1 as so added-- 7i7 of claims under the new appeals system1 excluding legacy claims that opt in to the new appeals system2 and 7ii7 of legacy claims that opt in to the new appeals system4 7,n7 ,how frequently an action taken within one year to protect an effective date under section #eaaj7;a77#b7 of such title1 as so added1 leads to additional grant of benefits1 disaggregated by action taken4 7,o7 ,the average of how long it takes to complete each segment of the claims process while claimants are protecting the effective date under such section1 disaggregated by the time waiting for the claimant to take an action and the time waiting for the ,secretary to take an action4 7,p7 ,the number and the average amount of retroactive awards of benefits from the ,secretary as a result of protected effective dates under such section1 disaggregated by action taken4 7,q7 ,the average number of times claimants submit to the ,secretary different claims with respect to the same condition1 such as an initial claim and a supplemental claim4 7,r7 ,the number of cases each year in which a claimant inappropriately tried to take simultaneous actions1 such as filing a supplemental claim while a higher-level review is pending1 what actions the ,secretary took in response1 and how long it took on average to take those actions4 7,s7 ,in the case that the ,secretary develops and implements a policy under section #eajd;,c7a77#b77;,d7 of such title1 as amended by section #b7;h77#a71 the number of actions withdrawn and new actions taken pursuant to such policy4 7,t7 ,the number of times the ,secretary received evidence relating to an appeal or higher-level review at a time not authorized under the new appeals system1 disaggregated by actions taken by the ,secretary to deal with the evidence and how long on average it took to take those actions4 7,u7 ,the number of errors committed by the ,secretary in carrying out the ,secretary's duty to assist under section #eajc;,a of title #ch1 ,united ,states ,code1 that were identified by higher-level review and by the ,board1 disaggregated by type of error1 such as errors relating to private records and inadequate examinations1 and a comparison with errors committed by the ,secretary in carrying out such duty with respect to appeals of decisions on legacy claims4 7,v7 ,an assessment of the productivity of employees at the regional offices and at the ,board1 disaggregated by level of experience of the employees4 7,w7 ,the percentage of cases that are decided within the goals established by the ,secretary for deciding cases1 disaggregated by cases that involve a supplemental claim1 cases that involve higher-level review1 and by docket maintained under section #gajg7;a7 of such title1 as amended by section #b7t71 or in the case that the ,secretary has not established goals for deciding cases1 the percentage of cases which are decided within one year1 two years1 three years1 and more than three years1 disaggregated by docket4 7,x7 ,of the cases that involve higher-level review1 the percentage of decisions that are overturned in whole or in part by the higher-level adjudicator1 that are upheld by the higher-level adjudicator1 and that are returned for correction of an error4 7,y7 ,the frequency by which the ,secretary readjudicates a claim pursuant to section #eajh of such title1 as amended by section #b7;i71 and the frequency by which readjudication pursuant to section #eajh of such title1 as so amended1 results in an award of benefits4 7,z7 ,in any case in which the ,board decides to screen cases for a purpose described in section #gajg7;d7 of such title1 as amended by section #b7t77#a7-- 7i7 a description of the way in which the cases are screened and the purposes for which they are screened2 7ii7 a description of the effect such screening has had on-- 7,i7 the timeliness of the issuance of decisions of the ,board2 and 7,,ii7 the inventory of cases before the ,board2 and 7iii7 the type and frequency of development errors detected through such screening4 7#b7 ,with respect to the processing by the ,secretary of appeals of decisions on legacy claims1 the following3 7,a7 ,the average duration of each segment of the appeals process1 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 action4 7,b7 ,the frequency by which appeals lead to additional grant of benefits by the ,secretary1 disaggregated by whether the additional benefits are a result of additional evidence added after the initial decision4 7,c7 ,the number and average amount of retroactive awards of benefits resulting from an appeal4 7,d7 ,the average duration from filing a legacy claim with the ,secretary until all appeals and remands relating to such legacy claim are completed4 7,e7 ,the average number of times claimants submit to the ,secretary different claims with respect to the same condition1 such as an initial claim1 new and material evidence1 or a claim for an increase in benefits4 7,f7 ,an assessment of the productivity of employees at the regional offices and at the ,board1 disaggregated by level of experience of the employees4 7,g7 ,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 #eaji of title #ch1 ,united ,states ,code1 or section #gaji of such title 7as in effect on the day before the date of the enactment of this ,act74 7,h7 ,the frequency by which claims are reopened pursuant to section #eajh of such title and the frequency by which such reopening results in an award of benefits4 7#c7 ,with respect to the processing by the ,secretary of appeals of decisions on legacy claims that opt in to the new appeals system1 the following3 7,a7 ,the cumulative number of such legacy claims4 7,b7 ,the portion of work in the new appeals system attributable to appeals of decisions on such legacy claims4 7,c7 ,the average period such legacy claims were pending before opting in to the new appeals system and the average period required to adjudicate such legacy claims on average after opting in-- 7i7 with respect to claims at a regional office of the ,department of ,veterans ,affairs1 disaggregated by-- 7,i7 supplemental claims under section #eajh of title #ch1 ,united ,states ,code1 as amended by section #b7;i72 and 7,,ii7 requests for higher-level review under section #eajd;,b of such title1 as added by section #b7;g72 and 7ii7 with respect to appeals1 disaggregated by docket of the ,board maintained under section #gajg of such title1 as amended by section #b7t74 #f4 ,definitions ,in this ,act3 7#a7 ,claimant ,the term claimant has the meaning given such term in section #eajj of title #ch1 ,united ,states ,code4 7#b7 ,legacy claims ,the term legacy claim means a claim-- 7,a7 that was submitted to the ,secretary of ,veterans ,affairs for a benefit under a law administered by the ,secretary2 and 7,b7 for which notice of a decision under section #eajd of title #ch1 ,united ,states ,code1 was provided by the ,secretary before the date set forth in section #b7x74 7#c7 ,opt in ,the term opt in means1 with respect to a legacy claim of a claimant1 that the claimant elects to subject the claim to the new appeals system pursuant to-- 7,a7 section #b7x77#c72 or 7,b7 such other mechanism as the ,secretary may prescribe for purposes of carrying out this ,act and the amendments made by this ,act4 7#d7 ,new appeals system ,the term new appeals system means the set of processes and mechanisms by which the ,secretary processes1 pursuant to the authorities and requirements modified by section #b1 claims for benefits under laws administered by the ,secretary4 ,july #aj1 #bjag,reported with an amendment