; and (4) by striking subsections (d) and (e) and redesignating subsection (f) as subsection (d). (q) Strike section 7109 of title 38, United States Code. (r) Section 7111(e) of title 38, United States Code, is amended by striking merits, without referral to any adjudicative or hearing official acting on behalf of the Secretary. and replacing it with merits. . (s) Chapter 71 of title 38, United States Code, is amended by adding the following new section: 7113. Evidentiary record before the board (a) Non-Hearing option docket For cases in which a Board hearing is not requested in the notice of disagreement, the evidentiary record before the Board shall be limited to the evidence of record at the time of the Agency of Original Jurisdiction decision on appeal. (b) Hearing option docket (1) Hearing requested Except as provided in paragraph (2) of this subsection, for cases on the hearing option docket in which a hearing is requested in the notice of disagreement, the evidentiary record before the Board shall be limited to the evidence of record at the time of the Agency of Original Jurisdiction decision on appeal. (2) Exceptions The evidentiary record before the Board for cases on the hearing option docket in which a hearing is requested, shall include each of the following, which the Board shall consider in the first instance— (A) evidence submitted by the appellant and his or her representative, if any, at the Board hearing