; and (B) evidence submitted by the appellant and his or her representative, if any, within 90 days following the Board hearing. (3) Hearing not requested (A) Except as provided in subparagraph (B) of this paragraph, for cases on the hearing option docket in which a hearing is not requested in the notice of disagreement, the evidentiary record before the Board shall be limited to the evidence considered by the Agency of Original Jurisdiction in the decision on appeal. (B) The evidentiary record before the Board for cases on the hearing option docket in which a hearing is not requested, shall include each of the following, which the Board shall consider in the first instance— (i) evidence submitted by the appellant and his or her representative, if any, with the notice of disagreement; and (ii) evidence submitted by the appellant and his or her representative, if any, within 90 days following receipt of the notice of disagreement. . (t) Conforming amendment The heading of section 7105 is amended by striking notice of disagreement and . (u) Clerical amendments (1) The table of sections at the beginning of chapter 51 of title 38, United States Code, is amended— (A) by inserting after the item relating to section 5103A the following new item: 5103B. Applicability of duty to assist. ; and (B) by inserting after the item relating to section 5104 the following new items: 5104A. Binding nature of favorable findings. 5104B. Higher-level review by the Agency of Original Jurisdiction. . (2) The item relating to section 5108 in the table of sections at the beginning of chapter 51 of title 38, United States Code, is amended by striking Reopening disallowed claims. and replacing it with Supplemental claims. . (3) The table of sections at the beginning of chapter 71 of title 38, United States Code, is amended by— (A) striking the item relating to section 7106; (B) striking the item relating to section 7109