Sec. 5. PERIODIC PUBLICATION OF METRICS RELATING TO PROCESSING OF APPEALS BY DEPARTMENT OF VETERANS AFFAIRS
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## SEC. 5 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 following: ####
(1)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 Secretary, the following: #####
(A)For the Veterans Benefits Administration and, to the extent practicable, each regional office of the Department of Veterans Affairs, the number of— ######
(i)supplemental claims under section 5108 of title 38, United States Code, as amended by section 2(i), that are pending; and ######
(ii)requests for higher-level review under section 5104B of such title, as added by section 2(g), that are pending. #####
(B)The number of appeals on any docket maintained under section 7107 of such title, as amended by section 2(t), that are pending. #####
(C)The average duration for processing claims and supplemental claims, disaggregated by regional office. #####
(D)The average duration for processing requests for higher-level review under section 5104B of such title, as added by section 2(g), disaggregated by regional office. #####
(E)The average number of days that appeals are pending on a docket of the Board of Veterans’ Appeals maintained pursuant to section 7107 of such title, as amended by section 2(t), disaggregated by— ######
(i)appeals that include a request for a hearing; ######
(ii)appeals that do not include a request for a hearing and do include submittal of evidence; and ######
(iii)appeals that do not include a request for a hearing and do not include submittal of evidence. #####
(F)With respect to the policy developed and implemented under section 7107(e) of such title, as amended by section 2(t)— ######
(i)the number of cases moved from one docket to another pursuant to such policy; ######
(ii)the average time cases were pending prior to moving from one docket to another; and ######
(iii)the average time to adjudicate the cases after so moving. #####
(G)The total number of remands to obtain advisory medical opinions under section 5109(d) of title 38, United States Code, as added by section 2(j). #####
(H)The average number of days between the date on which the Board remands a claim to obtain an advisory medical opinion under section 5109(d) of such title, as so added, and the date on which the advisory medical opinion is obtained. #####
(I)The average number of days between the date on which the Board remands a claim to obtain an advisory medical opinion under section 5109(d) of such title, as so added, and the date on which the agency of original jurisdiction issues a decision taking that advisory opinion into account. #####
(J)The number of appeals that are granted, the number of appeals that are remanded, and the number of appeals that are denied by the Board disaggregated by docket. #####
(K)The number of claimants each year that take action within the period set forth in section 5110(a)(2) of such title, as added by section 2(l), to protect their effective date under such section 5110(a)(2), disaggregated by the status of the claimants taking the actions, such as whether the claimant is represented by a veterans service organization, the claimant is represented by an attorney, or the claimant is taking such action pro se. #####
(L)The total number of times on average each claimant files under section 5110(a)(2) of such title, as so added, to protect their effective date under such section, disaggregated by the subparagraph of such section under which they file. #####
(M)The average duration, from the filing of an initial claim until the claim is resolved and claimants no longer take any action to protect their effective date under section 5110(a)(2) of such title, as so added— ######
(i)of claims under the new appeals system, excluding legacy claims that opt in to the new appeals system; and ######
(ii)of legacy claims that opt in to the new appeals system. #####
(N)How frequently an action taken within one year to protect an effective date under section 5110(a)(2) of such title, as so added, leads to additional grant of benefits, disaggregated by action taken. #####
(O)The average of how long it takes to complete each segment of the claims process while claimants are protecting the effective date under such section, disaggregated by the time waiting for the claimant to take an action and the time waiting for the Secretary to take an action. #####
(P)The number and the average amount of retroactive awards of benefits from the Secretary as a result of protected effective dates under such section, disaggregated by action taken. #####
(Q)The average number of times claimants submit to the Secretary different claims with respect to the same condition, such as an initial claim and a supplemental claim. #####
(R)The number of cases each year in which a claimant inappropriately tried to take simultaneous actions, such as filing a supplemental claim while a higher-level review is pending, what actions the Secretary took in response, and how long it took on average to take those actions. #####
(S)In the case that the Secretary develops and implements a policy under section 5104C(a)(2)(D) of such title, as amended by section 2(h)(1), the number of actions withdrawn and new actions taken pursuant to such policy. #####
(T)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 system, disaggregated by actions taken by the Secretary to deal with the evidence and how long on average it took to take those actions. #####
(U)The number of errors committed by the Secretary in carrying out the Secretary’s duty to assist under section 5103A of title 38, United States Code, that were identified by higher-level review and by the Board, disaggregated by type of error, such as errors relating to private records and inadequate examinations, and a comparison with errors committed by the Secretary in carrying out such duty with respect to appeals of decisions on legacy claims. #####
(V)An assessment of the productivity of employees at the regional offices and at the Board, disaggregated by level of experience of the employees. #####
(W)The percentage of cases that are decided within the goals established by the Secretary for deciding cases, disaggregated by cases that involve a supplemental claim, cases that involve higher-level review, and by docket maintained under section 7107(a) of such title, as amended by section 2(t), or in the case that the Secretary has not established goals for deciding cases, the percentage of cases which are decided within one year, two years, three years, and more than three years, disaggregated by docket. #####
(X)Of the cases that involve higher-level review, the percentage of decisions that are overturned in whole or in part by the higher-level adjudicator, that are upheld by the higher-level adjudicator, and that are returned for correction of an error. #####
(Y)The frequency by which the Secretary readjudicates a claim pursuant to section 5108 of such title, as amended by section 2(i), and the frequency by which readjudication pursuant to section 5108 of such title, as so amended, results in an award of benefits. #####
(Z)In any case in which the Board decides to screen cases for a purpose described in section 7107(d) of such title, as amended by section 2(t)(1)— ######
(i)a description of the way in which the cases are screened and the purposes for which they are screened; ######
(ii)a description of the effect such screening has had on— ######
(I)the timeliness of the issuance of decisions of the Board; and ######
(II)the inventory of cases before the Board; and ######
(iii)the type and frequency of development errors detected through such screening. ####
(2)With respect to the processing by the Secretary of appeals of decisions on legacy claims, the following: #####
(A)The average duration of each segment of the appeals process, disaggregated by periods in which the Secretary is waiting for a claimant to take an action and periods in which the claimant is waiting for the Secretary to take an action. #####
(B)The frequency by which appeals lead to additional grant of benefits by the Secretary, disaggregated by whether the additional benefits are a result of additional evidence added after the initial decision. #####
(C)The number and average amount of retroactive awards of benefits resulting from an appeal. #####
(D)The average duration from filing a legacy claim with the Secretary until all appeals and remands relating to such legacy claim are completed. #####
(E)The average number of times claimants submit to the Secretary different claims with respect to the same condition, such as an initial claim, new and material evidence, or a claim for an increase in benefits. #####
(F)An assessment of the productivity of employees at the regional offices and at the Board, disaggregated by level of experience of the employees. #####
(G)The average number of days the duration of an appeal is extended because the Secretary secured or attempted to secure an advisory medical opinion under section 5109 of title 38, United States Code, or section 7109 of such title (as in effect on the day before the date of the enactment of this Act). #####
(H)The frequency by which claims are reopened pursuant to section 5108 of such title and the frequency by which such reopening results in an award of benefits. ####
(3)With respect to the processing by the Secretary of appeals of decisions on legacy claims that opt in to the new appeals system, the following: #####
(A)The cumulative number of such legacy claims. #####
(B)The portion of work in the new appeals system attributable to appeals of decisions on such legacy claims. #####
(C)The average period such legacy claims were pending before opting in to the new appeals system and the average period required to adjudicate such legacy claims on average after opting in— ######
(i)with respect to claims at a regional office of the Department of Veterans Affairs, disaggregated by— ######
(I)supplemental claims under section 5108 of title 38, United States Code, as amended by section 2(i); and ######
(II)requests for higher-level review under section 5104B of such title, as added by section 2(g); and ######
(ii)with respect to appeals, disaggregated by docket of the Board maintained under section 7107 of such title, as amended by section 2(t).