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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Express Appeals Act’’. 
SEC. 2. PILOT PROGRAM ON EXPRESS APPEALS. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall carry out a pilot program to provide the option of 
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an alternative appeals process that shall more quickly de-
termine such appeals in accordance with this section. 
(b) ELECTION.— 
(1) FILING.—In accordance with paragraph 
(2), a claimant may elect to file an express appeal 
under the pilot program under subsection (a) by fil-
ing with the Secretary the following: 
(A) The notice of disagreement under 
chapter 71 of title 38, United States Code. 
(B) All evidence that the claimant believes 
is needed for the appeal as of the date of the 
filing. 
(C) A statement of the argument in sup-
port of the claim, if any. 
(D) The written election of the claimant to 
have the appeal determined under the pilot pro-
gram. 
(2) TIMING.—A claimant shall make an election 
under paragraph (1)— 
(A) if the claimant has filed a traditional 
appeal with respect to the claim for disability 
compensation before the date on which the pilot 
program under subsection (a) commences, at 
any time during the traditional appeal process; 
or 
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(B) if the claimant has not so filed a tradi-
tional appeal with respect to the claim for dis-
ability compensation before such date, by not 
later than 90 days after the date on which the 
Secretary provides to the claimant the notice of 
the determination of the claim. 
(3) CHANGE OF PROCESSING.—If a claimant 
described in paragraph (2)(A) seeks to elect to make 
an election under paragraph (1) to change a tradi-
tional appeal to an express appeal, the Secretary 
shall— 
(A) inform the claimant of whether, in 
light of such traditional appeal being processed, 
the claimant will achieve any time savings 
through such an express appeal; and 
(B) if the claimant elects to file such ex-
press appeal, process the express appeal in ac-
cordance with this section to the extent prac-
ticable. 
(4) REVERSION.—At any time, a claimant who 
makes an election under paragraph (1) may elect to 
revert to the traditional appeals process without any 
penalty to the claimant other than the loss of the 
docket number associated with the express appeal. 
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(5) USE
OF
EXPRESS
APPEAL.—A claimant 
may only make an election under paragraph (1) with 
respect to a claim for disability compensation filed 
by the claimant that is not, with respect to a claim 
previously decided by express appeal, a petition to 
reopen the claim or a separate claim for an in-
creased rating for the claim. 
(6) OUTREACH.—In providing claimants with 
notices of the determination of a claim during the 
period in which the pilot program under subsection 
(a) is carried out, the Secretary shall provide to the 
claimant information regarding— 
(A) the pilot program; 
(B) how to make an election under para-
graph (1); 
(C) what documents the claimant must 
provide during the course of the appeals proc-
ess; and 
(D) the ability of the claimant to seek ad-
vice and education regarding such process from 
veterans service organizations and attorneys 
recognized under chapter 59 of title 38, United 
States Code. 
(c) TREATMENT BY DEPARTMENT AND BOARD.— 
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(1) PROCESS.—Upon the election of a claimant 
to file an express appeal pursuant to subsection 
(b)(1), the Secretary shall— 
(A) not provide the claimant with a state-
ment of the case nor require the claimant to file 
a substantive appeal; and 
(B) transfer jurisdiction over the express 
appeal directly to the Board of Veterans’ Ap-
peals. 
(2) DOCKET.—The Board of Veterans’ Appeals 
shall— 
(A) maintain express appeals on a separate 
docket than traditional appeals; 
(B) hear express appeals in the order that 
the express appeals are received on the express 
appeal docket; and 
(C) decide not more than one express ap-
peal for each four traditional appeals decided. 
(3) NEW EVIDENCE.— 
(A) If a claimant submits to the Board of 
Veterans’ Appeals any new evidence relating to 
an express appeal after filing such appeal, the 
claimant may— 
(i) revert to the traditional appeals 
process pursuant to subsection (b)(4) and 
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