I 

114TH CONGRESS 

1ST SESSION H. R. 800 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2015 

Mr. O’ROURKE (for himself, Mr. MILLER of Florida, Mr. COOK, Ms. BROWN

of Florida, Ms. TITUS, Mrs. KIRKPATRICK, Mr. HUFFMAN, and Ms. 

BROWNLEY of California) introduced the following bill; which was 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. 

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 SEC. 2. PILOT PROGRAM ON FULLY DEVELOPED APPEALS. 

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

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


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1 an alternative appeals process that shall more quickly de2 termine such appeals in accordance with this section. 

3 (b) ELECTION.— 

4 (1) FILING.—In accordance with paragraph 

5 (2), a claimant may elect to file a fully developed ap6 peal under the pilot program under subsection (a) by 

7 filing with the Secretary the following: 

8 (A) The notice of disagreement under 

9 chapter 71 of title 38, United States Code, 

10 along with the written election of the claimant 

11 to have the appeal determined under the pilot 

12 program. 

13 (B) All evidence that the claimant believes 

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

15 filing. 

16 (C) A statement of the argument in sup17 port of the claim, if any. 

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

19 under paragraph (1)— 

20 (A) if the claimant has filed a traditional 

21 appeal with respect to the claim for disability 

22 compensation before the date on which the pilot 

23 program under subsection (a) commences, at 

24 any time during the traditional appeal process, 

25 notwithstanding paragraph (1)(A); or 


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1 (B) if the claimant has not so filed a tradi2 tional appeal with respect to the claim for dis3 ability compensation before such date, as part 

4 of the notice of disagreement filed by the claim5 ant in accordance with paragraph (1)(A). 

6 (3) CHANGE OF PROCESSING.—If a claimant 

7 described in paragraph (2)(A) seeks to elect to make 

8 an election under paragraph (1) to change a tradi9 tional appeal to a fully developed appeal, the Sec10 retary shall— 

11 (A) inform the claimant of whether, in 

12 light of such traditional appeal being processed, 

13 the claimant will achieve any time savings 

14 through such a fully developed appeal; and 

15 (B) if the claimant elects to file such fully 

16 developed appeal, process the fully developed 

17 appeal in accordance with this section to the ex18 tent practicable. 

19 (4) REVERSION.—At any time, a claimant who 

20 makes an election under paragraph (1) may elect to 

21 revert to the traditional appeals process without any 

22 penalty to the claimant other than the loss of the 

23 docket number associated with the fully developed 

24 appeal. 


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1 (5) USE OF FULLY DEVELOPED APPEAL.—A 

2 claimant may only make an election under para3 graph (1) with respect to a claim for disability com4 pensation filed by the claimant that is not, with re5 spect to a claim previously decided by fully developed 

6 appeal, a petition to reopen the claim or a separate 

7 claim for an increased rating for the claim. 

8 (6) OUTREACH.—In providing claimants with 

9 notices of the determination of a claim during the 

10 period in which the pilot program under subsection 

11 (a) is carried out, the Secretary shall provide to the 

12 claimant information regarding— 

13 (A) the pilot program; 

14 (B) how to make an election under para15 graph (1); 

16 (C) what documents the claimant must 

17 provide during the course of the appeals proc18 ess; and 

19 (D) the ability of the claimant to seek ad20 vice and education regarding such process from 

21 veterans service organizations and attorneys 

22 recognized under chapter 59 of title 38, United 

23 States Code. 

24 (c) TREATMENT BY DEPARTMENT AND BOARD.— 


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

2 to file a fully developed appeal pursuant to sub3 section (b)(1), the Secretary shall— 

4 (A) not provide the claimant with a state5 ment of the case nor require the claimant to file 

6 a substantive appeal; and 

7 (B) transfer jurisdiction over the fully de8 veloped appeal directly to the Board of Vet9 erans’ Appeals. 

10 (2) DOCKET.— 

11 (A) The Board of Veterans’ Appeals 

12 shall— 

13 (i) maintain fully developed appeals 

14 on a separate docket than traditional ap15 peals; 

16 (ii) hear fully developed appeals in the 

17 order that the fully developed appeals are 

18 received on the fully developed appeal 

19 docket; 

20 (iii) except as provided by subpara21 graph (B), decide not more than one fully 

22 developed appeal for each four traditional 

23 appeals decided; and 

24 (iv) to the extent practicable, decide 

25 each fully developed appeal by the date 


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1 that is one year following the date on 

2 which the claimant files the notice of dis3 agreement. 

4 (B) Beginning one year after the date on 

5 which the pilot program under subsection (a) 

6 commences, the Board may adjust the number 

7 of traditional appeals decided for each fully de8 veloped appeal under subparagraph (A)(iii) if 

9 the Board determines that such adjustment is 

10 fair for both traditional appeals and fully devel11 oped appeals. 

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

13 A claimant may not submit to the Board of Vet14 erans’ Appeals any new evidence relating to a fully 

15 developed appeal after filing such appeal unless the 

16 claimant reverts to the traditional appeals process 

17 pursuant to subsection (b)(4). 

18 (4) PROHIBITION ON REMAND TO REGIONAL

19 OFFICE.—If the Board of Veterans’ Appeals deter20 mines that a fully developed appeal requires Federal 

21 records, independent medical opinions, or new med22 ical exams, the Board shall— 

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

24 such actions as may be necessary to develop 

25 such records, opinions, or exams; 


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1 (B) retain jurisdiction of the fully devel2 oped appeal without requiring a determination 

3 by the Veterans Benefits Administration based 

4 on such records, opinions, or exams; 

5 (C) ensure the claimant receives a copy of 

6 such records, opinions, or exams; and 

7 (D) provide the claimant a period of 45 

8 days after the receipt of such records, opinions, 

9 or exams to provide the Board any additional 

10 evidence. 

11 (5) DEVELOPMENT UNIT.— 

12 (A) The Board of Veterans’ Appeals shall 

13 establish an office to develop Federal records, 

14 independent medical opinions, and new medical 

15 exams pursuant to paragraph (4)(A) that the 

16 Board determines necessary to decide a fully 

17 developed appeal. 

18 (B) The Secretary shall— 

19 (i) ensure that the Veterans Benefits 

20 Administration cooperates with the Board 

21 of Veterans’ Appeals in carrying out sub22 paragraph (A); and 

23 (ii) transfer employees of the Appeals 

24 Management Center of the Veterans Bene25 fits Administration to the office of the 


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1 Board established under subparagraph (A) 

2 in a number that the Secretary determines 

3 sufficient to carry out such subparagraph. 

4 (6) HEARINGS.—Notwithstanding section 7107 

5 of title 38, United States Code, the Board of Vet6 erans’ Appeals may not provide hearings with re7 spect to fully developed appeals. A claimant may re8 quest to hold a hearing pursuant to such section 

9 7107 if the claimant reverts to the traditional ap10 peals process pursuant to subsection (b)(4). 

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

12 carry out the pilot program under subsection (a) for a five13 year period beginning one year after the date of the enact14 ment of this Act. This section shall apply only to fully 

15 developed appeals that are filed during such period. 

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

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

18 shall submit to the Committees on Veterans’ Affairs of 

19 the House of Representatives and the Senate a report on 

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

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

22 pilot program commences. Each report shall include— 

23 (1) a recommendation for any changes to im24 prove the pilot program; and 


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1 (2) an assessment of the feasibility and advis2 ability of expanding the pilot program. 

3 (f) DEFINITIONS.—In this section: 

4 (1) The term ‘‘claimant’’ has the meaning given 

5 that term in section 5100 of title 38, United States 

6 Code. 

7 (2) The term ‘‘compensation’’ has the meaning 

8 given that term in section 101 of title 38, United 

9 States Code. 

10 (3) The term ‘‘fully developed appeal’’ means 

11 an appeal of a claim for disability compensation that 

12 is— 

13 (A) filed by a claimant in accordance with 

14 subsection (b)(1); and 

15 (B) considered in accordance with this sec16 tion. 

17 (4) The term ‘‘traditional appeal’’ means an ap18 peal of a claim for disability compensation that is 

19 not a fully developed appeal. 

Æ 


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