I 

113TH CONGRESS 

2D SESSION H. R. 4616 

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 

MAY 8, 2014 

Mr. O’ROURKE (for himself and Mr. COOK) 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 EXPRESS 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 an express appeal 

6 under the pilot program under subsection (a) by fil7 ing with the Secretary the following: 

8 (A) The notice of disagreement under 

9 chapter 71 of title 38, United States Code. 

10 (B) All evidence that the claimant believes 

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

12 filing. 

13 (C) A statement of the argument in sup14 port of the claim, if any. 

15 (D) The written election of the claimant to 

16 have the appeal determined under the pilot pro17 gram. 

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 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, by not 

4 later than 90 days after the date on which the 

5 Secretary provides to the claimant the notice of 

6 the determination of the claim. 

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

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

9 an election under paragraph (1) to change a tradi10 tional appeal to an express appeal, the Secretary 

11 shall— 

12 (A) inform the claimant of whether, in 

13 light of such traditional appeal being processed, 

14 the claimant will achieve any time savings 

15 through such an express appeal; and 

16 (B) if the claimant elects to file such ex17 press appeal, process the express appeal in ac18 cordance with this section to the extent prac19 ticable. 

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

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

22 revert to the traditional appeals process without any 

23 penalty to the claimant other than the loss of the 

24 docket number associated with the express appeal. 


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1 (5) USE OF EXPRESS APPEAL.—A claimant 

2 may only make an election under paragraph (1) with 

3 respect to a claim for disability compensation filed 

4 by the claimant that is not, with respect to a claim 

5 previously decided by express appeal, a petition to 

6 reopen the claim or a separate claim for an in7 creased 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 an express appeal pursuant to subsection 

3 (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 express 

8 appeal directly to the Board of Veterans’ Ap9 peals. 

10 (2) DOCKET.—The Board of Veterans’ Appeals 

11 shall— 

12 (A) maintain express appeals on a separate 

13 docket than traditional appeals; 

14 (B) hear express appeals in the order that 

15 the express appeals are received on the express 

16 appeal docket; and 

17 (C) decide not more than one express ap18 peal for each four traditional appeals decided. 

19 (3) NEW EVIDENCE.— 

20 (A) If a claimant submits to the Board of 

21 Veterans’ Appeals any new evidence relating to 

22 an express appeal after filing such appeal, the 

23 claimant may— 

24 (i) revert to the traditional appeals 

25 process pursuant to subsection (b)(4) and 


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1 use such new evidence during the course of 

2 such process; or 

3 (ii) withdraw such new evidence and 

4 continue the express appeal. 

5 (B) If a claimant withdraws new evidence 

6 pursuant to subparagraph (A)(ii), the Secretary 

7 shall inform the claimant, after the Board de8 cides the express appeal, of the ability of the 

9 claimant to use such new evidence as the basis 

10 for a petition to reopen the claim or as a sepa11 rate claim for an increased rating. 

12 (4) PROHIBITION ON REMAND TO REGIONAL

13 OFFICE.—If the Board of Veterans’ Appeals deter14 mines that an express appeal requires additional in15 formation, including any medical examination, the 

16 Board shall— 

17 (A) direct the Veterans Benefits Adminis18 tration to take such actions as may be nec19 essary to develop such information; 

20 (B) retain jurisdiction of the express ap21 peal without requiring a determination by the 

22 Veterans Benefits Administration based on such 

23 information; 


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1 (C) direct the Veterans Benefits Adminis2 tration to ensure the claimant receives a copy 

3 of such information; and 

4 (D) provide the claimant a period of 45 

5 days after the receipt of such information to 

6 provide the Board any additional evidence. 

7 (5) HEARINGS.—Notwithstanding section 7107 

8 of title 38, United States Code, the Board of Vet9 erans’ Appeals may not provide hearings with re10 spect to express appeals. A claimant may request to 

11 hold a hearing pursuant to such section 7107 if the 

12 claimant reverts to the traditional appeals process 

13 pursuant to subsection (b)(4). 

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

15 carry out the pilot program under subsection (a) for a five16 year period beginning one year after the date of the enact17 ment of this Act. This section shall apply only to express 

18 appeals that are filed during such period. 

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

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

21 shall submit to the Committees on Veterans’ Affairs of 

22 the House of Representatives and the Senate a report on 

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

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

25 pilot program commences. 


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1 (f) DEFINITIONS.—In this section: 

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

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

4 Code. 

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

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

7 States Code. 

8 (3) The term ‘‘express appeal’’ means an appeal 

9 of a claim for disability compensation that is— 

10 (A) filed by a claimant in accordance with 

11 subsection (b)(1); and 

12 (B) considered in accordance with this sec13 tion. 

14 (4) The term ‘‘traditional appeal’’ means an ap15 peal of a claim for disability compensation that is 

16 not an express appeal. 

Æ 


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