II 

115TH CONGRESS 

1ST SESSION S. 933 

To direct the Secretary of Veterans Affairs to carry out a pilot program 

to provide veterans the option of using an alternative appeals process 

to more quickly determine claims for disability compensation, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2017 

Mr. SULLIVAN (for himself and Mr. CASEY) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To direct the Secretary of Veterans Affairs to carry out 

a pilot program to provide veterans the option of using 

an alternative appeals process to more quickly determine 

claims for disability compensation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Express Appeals Act 

5 of 2017’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 933 IS

1 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PRO2 GRAM ON FULLY DEVELOPED APPEALS. 

3 (a) IN GENERAL.—The Secretary of Veterans Affairs 

4 shall carry out a pilot program to provide the option of 

5 an alternative appeals process that shall more quickly de6 termine such appeals in accordance with this section. 

7 (b) ELECTION.— 

8 (1) FILING.—In accordance with paragraph 

9 (2), a claimant may elect to file a fully developed ap10 peal under the pilot program under subsection (a) by 

11 filing with the Secretary the following: 

12 (A) The notice of disagreement under 

13 chapter 71 of title 38, United States Code, 

14 along with the written election of the claimant 

15 to have the appeal determined under the pilot 

16 program. 

17 (B) All evidence that the claimant believes 

18 is needed for the appeal as of the date of the 

19 filing. 

20 (C) A statement of the argument in sup21 port of the claim, if any. 

22 (2) TIMING.—A claimant shall make an election 

23 under paragraph (1) as part of the notice of dis24 agreement filed by the claimant in accordance with 

25 paragraph (1)(A). 

26 (3) REVERSION.— 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 933 IS

1 (A) ELECTED REVERSION.—At any time, a 

2 claimant who makes an election under para3 graph (1) may elect to revert to the standard 

4 appeals process. Such a reversion shall be final. 

5 (B) AUTOMATIC REVERSION.—A claimant 

6 described in subparagraph (A), or a claimant 

7 who makes an election under paragraph (1) but 

8 is later determined to be ineligible for the pilot 

9 program under subsection (a), shall revert to 

10 the standard appeals process without any pen11 alty to the claimant other than the loss of the 

12 docket number associated with the fully devel13 oped appeal. 

14 (4) OUTREACH.—In providing claimants with 

15 notices of the determination of a claim during the 

16 period in which the pilot program under subsection 

17 (a) is carried out, the Secretary shall conduct out18 reach as follows: 

19 (A) The Secretary shall provide to the 

20 claimant (and to the representative of record of 

21 the claimant, if any) information regarding— 

22 (i) the pilot program, including the 

23 advantages and disadvantages of the pro24 gram; 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 933 IS

1 (ii) how to make an election under 

2 paragraph (1); 

3 (iii) the limitation on the use of new 

4 evidence described in paragraph (3) of sub5 section (c) and the development of infor6 mation under paragraph (4) of such sub7 section; and 

8 (iv) the ability of the claimant to seek 

9 advice and education regarding such proc10 ess from veterans service organizations, at11 torneys, and claims agents recognized 

12 under chapter 59 of title 38, United States 

13 Code. 

14 (B) The Secretary shall collaborate, part15 ner with, and give weight to the advice of the 

16 three veterans service organizations with the 

17 most members to publish on the Internet 

18 website of the Department of Veterans Affairs 

19 an online tutorial explaining the advantages and 

20 disadvantages of the pilot program. 

21 (c) TREATMENT BY DEPARTMENT AND BOARD.— 

22 (1) PROCESS.—Upon the election of a claimant 

23 to file a fully developed appeal pursuant to sub24 section (b)(1), the Secretary shall— 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 933 IS

1 (A) not provide the claimant with a state2 ment of the case nor require the claimant to file 

3 a substantive appeal; and 

4 (B) transfer jurisdiction over the fully de5 veloped appeal directly to the Board of Vet6 erans’ Appeals. 

7 (2) DOCKET.— 

8 (A) IN GENERAL.—The Board of Veterans’ 

9 Appeals shall— 

10 (i) maintain fully developed appeals 

11 on a separate docket than standard ap12 peals; 

13 (ii) decide fully developed appeals in 

14 the order that the fully developed appeals 

15 are received on the fully developed appeal 

16 docket; 

17 (iii) except as provided by subpara18 graph (B), decide not more than one fully 

19 developed appeal for each four standard 

20 appeals decided; and 

21 (iv) to the extent practicable, decide 

22 each fully developed appeal by the date 

23 that is one year following the date on 

24 which the claimant files the notice of dis25 agreement. 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•S 933 IS

1 (B) ADJUSTMENT.—Beginning one year 

2 after the date on which the pilot program under 

3 subsection (a) commences, the Board may ad4 just the number of standard appeals decided for 

5 each fully developed appeal under subparagraph 

6 (A)(iii) if the Board determines that such ad7 justment is fair for both standard appeals and 

8 fully developed appeals. 

9 (3) LIMITATION ON USE OF NEW EVIDENCE.— 

10 (A) IN GENERAL.—Except as provided by 

11 subparagraphs (B) and (C)— 

12 (i) a claimant may not submit or iden13 tify to the Board of Veterans’ Appeals any 

14 new evidence relating to a fully developed 

15 appeal after filing such appeal unless the 

16 claimant reverts to the standard appeals 

17 process pursuant to subsection (b)(3); and 

18 (ii) if a claimant submits or identifies 

19 any such new evidence, such submission or 

20 identification shall be deemed to be an 

21 election to make such a reversion pursuant 

22 to subsection (b)(3). 

23 (B) EVIDENCE GATHERED BY BOARD.— 

24 Subparagraph (A) shall not apply to evidence 

25 developed pursuant to paragraphs (4) and (5). 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•S 933 IS

1 The Board shall consider such evidence in the 

2 first instance without consideration by the Vet3 erans Benefits Administration. 

4 (C) REPRESENTATIVE OF RECORD.—The 

5 representative of record of a claimant for ap6 peals purposes, if any, shall be provided an op7 portunity to review the fully developed appeal of 

8 the claimant and submit any additional argu9 ments or evidence that the representative deter10 mines necessary during a period specified by 

11 the Board for purposes of this subparagraph. 

12 (4) PROHIBITION ON REMAND FOR ADDITIONAL

13 DEVELOPMENT.—If the Board of Veterans’ Appeals 

14 determines that a fully developed appeal requires 

15 Federal records, independent medical opinions, or 

16 new medical examinations, the Board shall— 

17 (A) in accordance with paragraph (5), take 

18 such actions as may be necessary to develop 

19 such records, opinions, or examinations in ac20 cordance with section 5103A of title 38, United 

21 States Code; 

22 (B) retain jurisdiction of the fully devel23 oped appeal without requiring a determination 

24 by the Veterans Benefits Administration based 

25 on such records, opinions, or examinations; 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•S 933 IS

1 (C) ensure the claimant, and the represent2 ative of record of a claimant, if any, receives a 

3 copy of such records, opinions, or examinations; 

4 and 

5 (D) provide the claimant a period of 90 

6 days after the date of mailing such records, 

7 opinions, or examinations during which the 

8 claimant may provide the Board any additional 

9 evidence without requiring the claimant to make 

10 a reversion pursuant to subsection (b)(3). 

11 (5) DEVELOPMENT UNIT.— 

12 (A) ESTABLISHMENT.—The Board of Vet13 erans’ Appeals shall establish an office to de14 velop Federal records, independent medical 

15 opinions, and new medical examinations pursu16 ant to paragraph (4)(A) that the Board deter17 mines necessary to decide a fully developed ap18 peal. 

19 (B) REQUIREMENTS.—The Secretary 

20 shall— 

21 (i) ensure that the Veterans Benefits 

22 Administration cooperates with the Board 

23 of Veterans’ Appeals in carrying out sub24 paragraph (A); and 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•S 933 IS

1 (ii) transfer employees of the Veterans 

2 Benefits Administration who, prior to the 

3 enactment of this Act, were responsible for 

4 processing claims remanded by the Board 

5 of Veterans’ Appeals to positions within 

6 the office of the Board established under 

7 subparagraph (A) in a number the Sec8 retary determines sufficient to carry out 

9 such subparagraph. 

10 (6) HEARINGS.—Notwithstanding section 7107 

11 of title 38, United States Code, the Secretary may 

12 not provide hearings with respect to fully developed 

13 appeals. If a claimant requests to hold a hearing 

14 pursuant to such section 7107, such request shall be 

15 deemed to be an election to revert to the standard 

16 appeals process pursuant to subsection (b)(3). 

17 (d) DURATION; APPLICATION.—The Secretary shall 

18 carry out the pilot program under subsection (a) for a five19 year period beginning one year after the date of the enact20 ment of this Act. This section shall apply only to fully 

21 developed appeals that are filed during such period. 

22 (e) REPORTS.—During each year in which the pilot 

23 program under subsection (a) is carried out, the Secretary 

24 shall submit to the Committees on Veterans’ Affairs of 

25 the House of Representatives and the Senate a report on 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

•S 933 IS

1 the pilot program. The first such report shall be submitted 

2 by not later than 180 days after the date on which the 

3 pilot program commences. Each report shall include the 

4 following: 

5 (1) For the period covered by the report— 

6 (A) the number of claimants who filed a 

7 fully developed appeal under the pilot program; 

8 (B) the average processing time for each 

9 such appeal, measured by each phase of the ap10 peal, and, if the processing time for appeals ex11 ceed one year, the reasons for such processing 

12 time; 

13 (C) a summary of reasons for which the 

14 development of evidence was required under 

15 subsection (c)(5); 

16 (D) the number of issues decided, listed by 

17 the disposition of the issue; 

18 (E) of the number identified in subpara19 graph (D), the number of issues for which evi20 dence was not so developed, listed by the dis21 position of the issue; 

22 (F) of the number of fully developed ap23 peals decided by the Board of Veterans’ Ap24 peals, the number of cases from each agency of 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

•S 933 IS

1 original jurisdiction, listed by the disposition of 

2 the issue; 

3 (G) the number of fully developed appeals 

4 appealed to the Court of Appeals for Veterans 

5 Claims, listed by the disposition of the case; 

6 (H) the number of reversions made under 

7 subsection (b)(3); and 

8 (I) any reasons for why a claimant was de9 termined to be ineligible to participate in the 

10 pilot program. 

11 (2) A review, made in conjunction with veterans 

12 service organizations, of the efforts of the Secretary 

13 to provide clear rating decisions and improve dis14 ability rating notification letters, including with re15 spect to— 

16 (A) the opinions of veterans service organi17 zations regarding such efforts; and 

18 (B) how the pilot program improves such 

19 efforts. 

20 (3) A recommendation for any changes to im21 prove the pilot program. 

22 (4) An assessment of the feasibility and advis23 ability of expanding the pilot program. 

24 (f) REGULATIONS.—Not later than one day after the 

25 date of the enactment of this Act, the Secretary shall pubVerDate Sep 11 2014 00:22 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S933.IS S933

SSpencer on DSK4SPTVN1PROD with BILLS
12 

•S 933 IS

1 lish interim guidance on the pilot program under sub2 section (a). Not later than 90 days after such date of en3 actment, the Secretary shall prescribe regulations to carry 

4 out such pilot program. 

5 (g) DEFINITIONS.—In this section: 

6 (1) CLAIMANT.—The term ‘‘claimant’’ has the 

7 meaning given that term in section 5100 of title 38, 

8 United States Code. 

9 (2) COMPENSATION.—The term ‘‘compensa10 tion’’ has the meaning given that term in section 

11 101 of title 38, United States Code. 

12 (3) FULLY DEVELOPED APPEAL.—The term 

13 ‘‘fully developed appeal’’ means an appeal of a claim 

14 for disability compensation that is— 

15 (A) filed by a claimant in accordance with 

16 subsection (b)(1); and 

17 (B) considered in accordance with this sec18 tion. 

19 (4) STANDARD APPEAL.—The term ‘‘standard 

20 appeal’’ means an appeal of a claim for disability 

21 compensation that is not a fully developed appeal. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS