,,ii  #aaith ,,congress  #ast ,session  
,s4 #cbhf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #a1  
#bjbe,mr4 ,cassidy 7for himself and ,mr4
 ,blumenthal7 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 improve       
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 #b4j4  #b4          
,improvements to processes relating to  
appeals of decisions regarding claims   
for benefits under the laws administered
 by the ,secretary of ,veterans ,affairs
  7a7 ,evidentiary docket ,subsection   
7c7 of section #gaac is amended to read 
as follows3  7c7 ,cases with no request 
for a hearing and with a request for    

additional evidence ,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 evidence submitted  
by the appellant and his or her         
representative1 if any1 at any time     
before the date that is #ij days        
following receipt of the notice of      
disagreement4  4  7b7 ,hearing docket   
,subsection 7b7 of such section is      
amended to read as follows3  7b7 ,cases 
with a request for a hearing ,for cases 
in which a hearing is requested in the  
notice of disagreement1 the evidentiary 
record before the ,board shall be       
limited to evidence submitted by the    
appellant and his or her representative1
 if any1 at any time before the date    
that is #ij days following the ,board   
hearing4  4  7c7 ,docket flexibility    
,section #gajg7;e7 of such title is     
amended-- 7#a7 by inserting 7#a7 before 
,the ,secretary2 and  7#b7 by adding at 

the end the following new paragraphs3   
7#b7 ,the ,secretary shall develop and  
implement a policy allowing an appellant
 to withdraw an appeal in the           
appellant's case by filing a            
supplemental claim to the agency of     
original jurisdiction at any time       
without losing continuous pursuit in    
cases in which-- 7,a7 the appellant has 
not submitted new evidence for the case 
or the case has not had a ,board        
hearing2 and  7,b7 the case has not been
 decided by the ,board4  7#c7 ,the      
,secretary's policy developed and       
implemented under paragraph 7#a7 shall  
allow the appellant to move the         
appellant's case from one docket to     
another docket at any time without      
losing continuous pursuit in cases in   
which-- 7,a7 the appellant has not      
submitted new evidence for the case or  
the case has not had a ,board hearing2  
and  7,b7 the case has not been decided 
by the ,board4  4  #c4 ,electronic      
notices by ,board of ,veterans' ,appeals

 of decisions on appeal ,section        
#gajd7;f7 of title #ch1 ,united ,states 
,code1 is amended-- 7#a7 in paragraph   
7#a7-- 7,a7 by striking if and inserting
 unless2 and  7,b7 by inserting in a    
manner other than after such notice2 and
  7#b7 in paragraph 7#b71 by inserting  
make or before revoke4  #d4             
,requirements for notices by ,board of  
,veterans' ,appeals regarding decisions 
of the ,board ,section #gajd7;d77#a7 of 
title #ch1 ,united ,states ,code1 is    
amended by striking record2 and         
inserting the following3 8record1       
including--  7,a7 identification of the 
issues adjudicated2  7,b7 a summary of  
the evidence considered by the ,board2  
7,c7 a summary of the applicable laws   
and regulations2  7,d7 identification of
 findings favorable to the claimant2    
7,e7 in the case of a denial1           
identification of elements not satisfied
 leading to the denial2  7,f7 an        
explanation of how to obtain or access  
evidence used in making the decision2   

and  7,g7 if applicable1 identification 
of the criteria that must be satisfied  
to grant service connection or the next 
higher level of compensation2  4  #e4   
,plan for veterans benefits management  
system and caseflow integration  7a7    
,review ,not later than one year after  
the date of the enactment of this ,act1 
the ,secretary of ,veterans ,affairs    
shall complete a review of the          
electronic systems used to process      
appeals under chapter #ga of title #ch1 
,united ,states ,code4  7b7 ,plan ,not  
later than one year after the date of   
the enactment of this ,act1 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 plan to ensure the   
following3 7#a7 ,seamless integration   
between systems used to process decision
 at agencies of jurisdiction and the    
systems used by the ,board of ,veterans'
 ,appeals to process appeals for        

benefits under title #ch1 ,united       
,states ,code4  7#b7 ,life-cycle        
tracking of appeals of decisions        
regarding assistance or support services
 under section #agbj;,g of title #ch1   
,united ,states ,code4  #f4             
,reconsideration of decisions of ,board 
of ,veterans' ,appeals ,section #gajc of
 title #ch1 ,united ,states ,code1 is   
amended to read as follows3  #gajc4     
,reconsideration2 correction of obvious 
errors  7a7 ,orders of the ,chairman    
7#a7 ,the decision of the ,board        
determining a matter under section #gajb
 of this title is final unless the      
,chairman orders reconsideration of the 
decision in accordance with paragraph   
7#b74 ,such an order may be made on the 
,chairman's initiative or upon motion of
 the claimant4  7#b7 7,a7 ,upon the     
order of the ,chairman for              
reconsideration of the decision in a    
case1 the case shall be referred-- 7i7  
in the case of a matter originally      
decided by a single member of the       

,board1 to a panel of not less than     
three members of the ,board2 or  7ii7 in
 the case of a matter originally decided
 by a panel of members of the ,board1 to
 an enlarged panel of the ,board4  7,b7 
,a panel referred to in subparagraph    
7,a7 may not include the member1 or any 
member of the panel1 that made the      
decision subject to reconsideration4    
7,c7 ,a panel reconsidering a case under
 this subsection shall render its       
decision after reviewing the entire     
record before the ,board4 ,the decision 
of the panel shall be made by a majority
 vote of the members of the panel4 ,the 
decision of the panel shall constitute  
the final decision of the ,board4  7b7  
,correction of obvious errors ,the      
,board on its own motion may correct an 
obvious error in the record1 without    
regard to whether there has been a      
motion or order for reconsideration4    
7c7 ,motion of claimant  7#a7 7,a7 ,a   
claimant may submit to the ,board a     
motion requesting a review of the       

decision of a member of the ,board by a 
different member or panel of members of 
the ,board4  7,b7 ,the ,chairman shall  
approve each request for review under   
subparagraph 7,a74  7#b7 ,a request for 
higher-level review by the ,board shall 
be-- 7,a7 in writing in such form as the
 ,secretary may prescribe2 and  7,b7    
made within the timeframe given to      
appeal a decision of the ,board4  7#c7  
,notice of a decision under this        
subsection shall be provided to the     
claimant 7and any representative of such
 claimant7 and shall include a general  
statement-- 7,a7 reflecting whether     
evidence was not considered pursuant to 
paragraph 7#d72 and  7,b7 noting the    
options available to the claimant to    
have the evidence described in          
subparagraph 7,a71 if any1 considered by
 the ,department4  7#d7 ,the evidentiary
 record before a member of the ,board   
shall be limited to the evidence of     
record in the ,board decision being     
reviewed4  7#e7 ,a reconsideration of a 

decision under this subsection shall be 
de novo4  4  #g4 ,order of decision of  
,board of ,veterans' ,appeals ,section  
#gajg of title #ch1 ,united ,states     
,code1 is amended-- 7#a7 in subsection  
7a77#d71 by striking in subsection 7b7  
and inserting in subsection 7b7 or      
7c77#c72 and  7#b7 in subsection 7c71 by
 adding at the end the following new    
paragraph3  7#c7 ,at the discretion of  
the member of the ,board conducting a   
hearing1 the ,board may issue a         
decision1 in whole or in part1 during   
the hearing4  4  #h4 ,annual report on  
outcomes of appeals  7a7 ,in general    
,subchapter ,i of chapter #ea of title  
#ch1 ,united ,states ,code1 is amended  
by adding at the end the following new  
section3  #eaji;,c4 ,annual report on   
outcomes of appeals  7a7 ,in general    
,not less frequently than once each     
year1 the ,secretary shall submit to    
,congress and publish on an internet    
website of the ,department a report on  
the outcome of appeals1 including with  

respect to supplemental review1         
higher-level review1 and options for    
appeals to the ,board of ,veterans'     
,appeals4  7b7 ,disaggregation of data  
,the information reported and published 
pursuant to subsection 7a7 shall be     
disaggregated by the following3 7#a7    
,type of review4  7#b7 ,agency of       
original jurisdiction4  7#c7 ,nature of 
issue1 such as service connection1      
disability rating1 or effective date4   
7#d7 ,body system or diagnostic code4   
7#e7 ,outcome1 such as affirmed or      
reversed1 benefit awarded1 remand for   
medical opinion1 remand to obtain       
records1 or remand for other reason4    
7c7 ,deidentified ,the ,secretary shall 
insure that all information published   
under this section is deidentified4  4  
7b7 ,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      
#eaji;,b the following new item3        
#eaji;,c4 ,annual report on outcomes of 

appeals4  4  #i4 ,third-party review of 
,department of ,veterans ,affairs       
appeals process  7a7 ,in general ,the   
,secretary of ,veterans ,affairs shall  
seek to enter into an agreement with a  
non-,department of ,veterans ,affairs   
entity that the ,secretary determines   
has knowledge of the appeals process of 
the ,department of ,veterans ,affairs   
and the ,federal rules of appellate     
procedures to carry out a review of such
 process4  7b7 ,period for entering into
 agreement ,the ,secretary shall seek to
 enter into the agreement described in  
subsection 7a7 before the date that is  
#ahj days after the date of the         
enactment of this ,act4  7c7 ,elements  
,pursuant to an agreement entered into  
by the ,secretary and an entity under   
subsection 7a71 the entity shall conduct
 the review covered by the agreement1   
including the following3 7#a7 ,a review 
of joint motions for remand appeals     
decisions made by the ,board of         
,veterans' ,appeals4  7#b7 ,a review of 

remands by the ,board of decisions made 
by agencies of original jurisdiction4   
7#c7 ,development of recommendations for
 legislative or administrative action to
 increase the quality of decisions made 
by agencies of original jurisdiction and
 the ,board of ,veterans' ,appeals1 and 
reduce the prevalence of remands4  #aj4 
,comptroller ,general of the ,united    
,states review of precedent setting     
decisions of ,united ,states ,court of  
,appeals for ,veterans ,claims and      
,office of the ,general ,counsel  7a7   
,review ,the ,comptroller ,general of   
the ,united ,states shall conduct a     
review of the implementation by the     
,department of ,veterans ,affairs of    
precedential decisions issues by the    
,united ,states ,court of ,appeals for  
,veterans ,claims or the ,office of the 
,general ,counsel of the ,department of 
,veterans ,affairs4  7b7 ,elements ,the 
review conducted under subsection 7a7   
shall cover the following3 7#a7 ,the    
circumstances in which the ,court or    

,office issued precedential decisions   
and factors which may limit the ability 
of the ,court or ,office to issue such  
decisions4  7#b7 ,the process of the    
,department for providing training and  
guidance for claims processors and how  
that process affects compliance with    
precendential decisions described in    
subsection 7a74  7#c7 ,accuracy of      
claims decisions when applying new      
precedent4  7#d7 ,whether the structure 
or type of precedential decision affects
 the implementation by the ,department4 
7#e7 ,perspectives of stakeholders with 
respect to training1 guidance1 and      
quality assurance at the ,department4   
7#f7 ,such other matters relating to    
challenges and opportunities for        
improvement relating to precedential    
decisions as the ,comptroller ,general  
considers appropriate4  7c7 ,report ,not
 later than two years after the date of 
the enactment of this ,act1 the         
,comptroller ,general shall submit to   
the ,committee on ,veterans' ,affairs of

 the ,senate and the ,committee on      
,veterans' ,affairs of the ,house of    
,representatives a report on the        
findings of the ,comptroller ,general   
with respect to the review conducted    
under subsection 7a74