use such new evidence during the course of 
such process; or 
(ii) withdraw such new evidence and 
continue the express appeal. 
(B) If a claimant withdraws new evidence 
pursuant to subparagraph (A)(ii), the Secretary 
shall inform the claimant, after the Board de-
cides the express appeal, of the ability of the 
claimant to use such new evidence as the basis 
for a petition to reopen the claim or as a sepa-
rate claim for an increased rating. 
(4) PROHIBITION
ON
REMAND
TO
REGIONAL 
OFFICE.—If the Board of Veterans’ Appeals deter-
mines that an express appeal requires additional in-
formation, including any medical examination, the 
Board shall— 
(A) direct the Veterans Benefits Adminis-
tration to take such actions as may be nec-
essary to develop such information; 
(B) retain jurisdiction of the express ap-
peal without requiring a determination by the 
Veterans Benefits Administration based on such 
information; 
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(C) direct the Veterans Benefits Adminis-
tration to ensure the claimant receives a copy 
of such information; and 
(D) provide the claimant a period of 45 
days after the receipt of such information to 
provide the Board any additional evidence. 
(5) HEARINGS.—Notwithstanding section 7107 
of title 38, United States Code, the Board of Vet-
erans’ Appeals may not provide hearings with re-
spect to express appeals. A claimant may request to 
hold a hearing pursuant to such section 7107 if the 
claimant reverts to the traditional appeals 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 express 
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. 
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(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 ‘‘express 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 an express appeal. 
Æ 
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