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 re-
ferred 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 FULLY DEVELOPED 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 a fully developed ap-
peal under the pilot program under subsection (a) by 
filing with the Secretary the following: 
(A) The notice of disagreement under 
chapter 71 of title 38, United States Code, 
along with the written election of the claimant 
to have the appeal determined under the pilot 
program. 
(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. 
(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, 
notwithstanding paragraph (1)(A); 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, as part 
of the notice of disagreement filed by the claim-
ant in accordance with paragraph (1)(A). 
(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 a fully developed appeal, the Sec-
retary shall— 
(A) inform the claimant of whether, in 
light of such traditional appeal being processed, 
the claimant will achieve any time savings 
through such a fully developed appeal; and 
(B) if the claimant elects to file such fully 
developed appeal, process the fully developed 
appeal in accordance with this section to the ex-
tent practicable. 
(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 fully developed 
appeal. 
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(5) USE
OF
FULLY
DEVELOPED
APPEAL.—A 
claimant may only make an election under para-
graph (1) with respect to a claim for disability com-
pensation filed by the claimant that is not, with re-
spect to a claim previously decided by fully developed 
appeal, a petition to reopen the claim or a separate 
claim for an increased 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 a fully developed appeal pursuant to sub-
section (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 fully de-
veloped appeal directly to the Board of Vet-
erans’ Appeals. 
(2) DOCKET.— 
(A) The Board of Veterans’ Appeals 
shall— 
(i) maintain fully developed appeals 
on a separate docket than traditional ap-
peals; 
(ii) hear fully developed appeals in the 
order that the fully developed appeals are 
received on the fully developed appeal 
docket; 
(iii) except as provided by subpara-
graph (B), decide not more than one fully 
developed appeal for each four traditional 
appeals decided; and 
(iv) to the extent practicable, decide 
each fully developed appeal by the date 
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that is one year following the date on 
which the claimant files the notice of dis-
agreement. 
(B) Beginning one year after the date on 
which the pilot program under subsection (a) 
commences, the Board may adjust the number 
of traditional appeals decided for each fully de-
veloped appeal under subparagraph (A)(iii) if 
the Board determines that such adjustment is 
fair for both traditional appeals and fully devel-
oped appeals. 
(3) LIMITATION ON USE OF NEW EVIDENCE.— 
A claimant may not submit to the Board of Vet-
erans’ Appeals any new evidence relating to a fully 
developed appeal after filing such appeal unless the 
claimant reverts to the traditional appeals process 
pursuant to subsection (b)(4). 
(4) PROHIBITION
ON
REMAND
TO
REGIONAL 
OFFICE.—If the Board of Veterans’ Appeals deter-
mines that a fully developed appeal requires Federal 
records, independent medical opinions, or new med-
ical exams, the Board shall— 
(A) in accordance with paragraph (5), take 
such actions as may be necessary to develop 
such records, opinions, or exams; 
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(B) retain jurisdiction of the fully devel-
oped appeal without requiring a determination 
by the Veterans Benefits Administration based 
on such records, opinions, or exams; 
(C) ensure the claimant receives a copy of 
such records, opinions, or exams; and 
(D) provide the claimant a period of 45 
days after the receipt of such records, opinions, 
or exams to provide the Board any additional 
evidence. 
(5) DEVELOPMENT UNIT.— 
(A) The Board of Veterans’ Appeals shall 
establish an office to develop Federal records, 
independent medical opinions, and new medical 
exams pursuant to paragraph (4)(A) that the 
Board determines necessary to decide a fully 
developed appeal. 
(B) The Secretary shall— 
(i) ensure that the Veterans Benefits 
Administration cooperates with the Board 
of Veterans’ Appeals in carrying out sub-
paragraph (A); and 
(ii) transfer employees of the Appeals 
Management Center of the Veterans Bene-
fits Administration to the office of the 
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Board established under subparagraph (A) 
in a number that the Secretary determines 
sufficient to carry out such subparagraph. 
(6) HEARINGS.—Notwithstanding section 7107 
of title 38, United States Code, the Board of Vet-
erans’ Appeals may not provide hearings with re-
spect to fully developed appeals. A claimant may re-
quest to hold a hearing pursuant to such section 
7107 if the claimant reverts to the traditional ap-
peals process pursuant to subsection (b)(4). 
(d) DURATION; APPLICATION.—The Secretary shall 
carry out the pilot program under subsection (a) for a five- 
year period beginning one year after the date of the enact-
ment of this Act. This section shall apply only to fully 
developed appeals that are filed during such period. 
(e) REPORTS.—During each year in which the pilot 
program under subsection (a) is carried out, the Secretary 
shall submit to the Committees on Veterans’ Affairs of 
the House of Representatives and the Senate a report on 
the pilot program. The first such report shall be submitted 
by not later than 180 days after the date on which the 
pilot program commences. Each report shall include— 
(1) a recommendation for any changes to im-
prove the pilot program; and 
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(2) an assessment of the feasibility and advis-
ability of expanding the pilot program. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘claimant’’ has the meaning given 
that term in section 5100 of title 38, United States 
Code. 
(2) The term ‘‘compensation’’ has the meaning 
given that term in section 101 of title 38, United 
States Code. 
(3) The term ‘‘fully developed appeal’’ means 
an appeal of a claim for disability compensation that 
is— 
(A) filed by a claimant in accordance with 
subsection (b)(1); and 
(B) considered in accordance with this sec-
tion. 
(4) The term ‘‘traditional appeal’’ means an ap-
peal of a claim for disability compensation that is 
not a fully developed appeal. 
Æ 
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