,,ii  #aaeth ,,congress  #ast ,session  
,s4 #gab  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #bc1         
#bjag,mr4 ,blumenthal 7for himself1 ,mr4
 ,tester1 ,mr4 ,king1 ,mr4 ,kaine1 ,ms4 
,hassan1 ,mr4 ,casey1 ,ms4 ,baldwin1    
,mr4 ,van ,hollen1 ,mrs4 ,murray1 ,mr4  
,durbin1 ,mrs4 ,feinstein1 ,mr4         
,sanders1 ,mr4 ,udall1 ,ms4 ,hirono1    
,mrs4 ,shaheen1 ,mr4 ,warner1 ,mr4      
,brown1 and ,mr4 ,manchin7 introduced   
the following bill2 which was read twice
 and referred to the ,committee on      
,veterans' ,affairs  ,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 ,department of      
,veterans ,affairs ,appeals             
,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  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 reviewer        
identifies 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      
reviewer 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 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  4  7e7 ,decisions and      
notices of decisions ,subsection 7b7 of 
section #eajd of such title is amended  
to read as follows3  7b7 ,in any case   
where the ,secretary denies a benefit   
sought1 the notice required by          

subsection 7a7 shall also include 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 ,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   
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  
,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  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  7c7 ,decision   
,notice of a higher-level review        
decision under this section shall be    
provided in writing4  7d7 ,evidentiary  
record for review ,the evidentiary      
record before the higher-level reviewer 
shall be limited to the evidence of     
record in the agency of original        
jurisdiction 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 denies 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 appeal in        
connection with the 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 
7b7 ,more than one year after decision  
,in any case in which the ,secretary    
denies 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 may      
remand a claim to direct the agency of  
original jurisdiction to obtain an      
advisory medical opinion under this     
section to correct an error on the part 
of the agency of original jurisdiction  
to satisfy its duties under section     
#eajc;,a of this title when such error  
occurred prior to the agency of original
 jurisdiction decision on appeal4  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 remanded claims  
,section #eaji;,b of such title is      
amended to read as follows3  #eaji;,b4  
,expedited treatment of remanded claims 
,the ,secretary shall take such actions 
as may be necessary to provide for the  
expeditious treatment by the agency of  
original jurisdiction of any claim that 
is remanded by the ,board of ,veterans' 
,appeals4  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#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 7a7--  7i7 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 and  7ii7 by striking  
hearing and2  7,b7 by amending          
subsection 7b7 to read as follows3  7b7 
7#a7 7,a7 ,except in the case of        
simultaneously contested claims1 notice 
of disagreement shall be filed within   
one year from the date of the mailing of
 notice of the 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 #a-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 set out specific         
allegations of error of fact or law1 and
 may be filed by the claimant1 the      

claimant's legal guardian1 or such      
accredited representative1 attorney1 or 
authorized agent as may be selected by  
the claimant or legal guardian4  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 7,a7 ,the notice of       
disagreement shall indicate whether the 
claimant requests-- 7i7 a hearing before
 the ,board2  7ii7 an opportunity to    
submit additional evidence without a    
hearing before the ,board2 or  7iii7 a  
review by the ,board without a hearing  
or submission of additional evidence4   
7,b7 ,if the claimant does not expressly
 request a hearing before the ,board in 
the notice of disagreement1 no hearing  
before the ,board shall be held4  2     
7,c7 by amending subsection 7c7 to read 
as follows3  7c7 ,if no notice of       
disagreement is filed in accordance with
 this chapter within the prescribed     

period1 the 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 allege
 specific error of fact or law in the   
decision being appealed4  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 ,the ,board shall        

maintain two separate dockets as        
follows3  7,a7 ,a non-hearing option    
docket shall be maintained for cases in 
which no ,board hearing is requested and
 no additional evidence will be         
submitted4  7,b7 ,a separate and        
distinct hearing option docket shall be 
maintained for cases in which a ,board  
hearing is requested in the notice of   
disagreement or in which no ,board      
hearing is requested1 but the appellant 
requests1 in the notice of disagreement1
 an opportunity to submit additional    
evidence4  7#b7 ,except as provided in  
subsection 7b71 each case before the    
,board will be decided in regular order 
according to its respective place on the
 ,board's non-hearing option docket or  
the hearing option docket4  7b7         
,advancement on the docket  7#a7 ,a case
 on either the ,board's non-hearing     
option docket or hearing option docket  
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    
board hearing option docket  7#a7 ,for  
cases on the ,board hearing option      
docket in which a hearing is requested  
in the notice of disagreement1 the      
,board shall notify the appellant       
whether a ,board hearing will be held-- 
7,a7 at its principal location1 or  7,b7
 by picture and voice transmission at a 
facility of the ,department where the   
,secretary has provided suitable        
facilities and equipment to conduct such
 hearings4  7#b7 7,a7 ,upon notification
 of a ,board hearing at the ,board's    
principal location as described in      
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  4  7u7 ,repeal of 
certain authority for independent       
medical opinions  7#a7 ,in general      
,section #gaji of such title is hereby  
repealed4  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   
#gaji4  7v7 ,clarification of procedures
 for review of decisions on grounds of  
clear and unmistakable error ,section   
#gaaa7;e7 of title #ch1 ,united ,states 
,code1 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 title  
#ch1 ,united ,states ,code1 is amended  
by adding at the end the following new  
section3  #gaac4 ,evidentiary record    
before the ,board of ,veterans' ,appeals
  7a7 ,non-,hearing option docket ,for  
cases in which a hearing before the     
,board of ,veterans' ,appeals is not    
requested in the notice of disagreement1
 the evidentiary record before the      
,board shall be limited to the evidence 
of record at the time of the decision of
 the agency of original jurisdiction on 

appeal4  7b7 ,hearing option docket     
7#a7 7,a7 ,except as provided in        
subparagraph 7,b7 of this paragraph1 for
 cases on the hearing option docket in  
which a hearing is requested in the     
notice of disagreement1 the evidentiary 
record before the ,board shall be       
limited to the evidence of record at the
 time of the decision of the agency of  
original jurisdiction on appeal4  7,b7  
,the evidentiary record before the      
,board for cases on the hearing option  
docket in which a hearing is requested1 
shall include each of the following1    
which the ,board shall consider in the  
first instance3  7i7 ,evidence submitted
 by the appellant and his or her        
representative1 if any1 at the ,board   
hearing4  7ii7 ,evidence submitted by   
the appellant and his or her            
representative1 if any1 within #ij days 
following the ,board hearing4  7#b7 7,a7
 ,except as provided in subparagraph    
7,b7 of this paragraph1 for cases on the
 hearing option docket in which a       

hearing is not requested in the notice  
of disagreement1 the evidentiary record 
before the ,board shall be limited to   
the evidence considered by the agency of
 original jurisdiction in the decision  
on appeal4  7,b7 ,the evidentiary record
 before the ,board for cases on the     
hearing option docket in which a hearing
 is not requested1 shall include each of
 the following1 which the ,board shall  
consider in the first instance3  7i7    
,evidence submitted by the appellant and
 his or her representative1 if any1 with
 the notice of disagreement4  7ii7      
,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       
,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 ,the amendments made by  
this ,act 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 on 
or after the date that is #edj days     
after the date of the enactment of this 
,act4