Title: Express Appeals Act
Policy area: Armed Forces and National Security

Summary:
Express Appeals Act
This bill requires the Department of Veterans Affairs (VA) to: (1) carry out a five-year pilot program to provide the option of an alternative appeals process to determine appeals of claims for disability compensation more quickly, and (2) inform claimants about such program.
The bill describes appeals filed under the pilot program as "fully developed appeals."
A claimant may elect to file a fully developed appeal by filing with the VA: (1) a notice of disagreement along with the claimant's written election to have the appeal determined under the pilot program, (2) all evidence that the claimant believes is needed for the appeal, and (3) a statement of the argument in support of the claim. The VA must transfer jurisdiction over a fully developed appeal directly to the Board of Veterans' Appeals.
A claimant must make such election: (1) at any time during the traditional appeal process if the claimant has filed a traditional appeal before the pilot program commences, or (2) when the claimant files the notice of disagreement if the claimant has not filed a traditional appeal.
The VA shall inform a claimant who seeks to change a traditional appeal to a fully developed appeal as to whether any time will be saved. A claimant who elects to file a fully developed appeal may elect to revert to a traditional appeal at any time.
The Board of Veterans' Appeals shall: (1) maintain fully developed appeals on a separate docket; (2) hear fully developed appeals in the order received; (3) decide not more than one fully developed appeal for each four traditional appeals decided, though this ratio may be adjusted for fairness purposes beginning one year after the pilot program begins; and (4) decide each fully developed appeal within one year of a claimant's filing the notice of disagreement.
The bill sets forth provisions regarding: (1) the effects of new evidence submitted or additional information needed after a fully developed appeal is filed, and (2) a prohibition against the Board providing hearings for fully developed appeals.
The Board shall establish an office to develop federal records, independent medical opinions, and new medical exams that are necessary to decide a fully developed appeal.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2311 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2311

   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 3, 2017

 Mr. O'Rourke (for himself, Ms. Brownley of California, Mr. Cicilline, 
Mr. Hurd, Mr. Kilmer, Mr. Langevin, Mr. Massie, Ms. Pingree, Ms. Titus, 
  Mr. Young of Iowa, Mr. Costello of Pennsylvania, and Mr. Loebsack) 
 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 Representatives 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 an alternative appeals process 
that shall more quickly determine 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 appeal 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 support 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
                    (B) if the claimant has not so filed a traditional 
                appeal with respect to the claim for disability 
                compensation before such date, as part of the notice of 
                disagreement filed by the claimant 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 traditional appeal to a fully 
        developed 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 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 extent 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.
            (5) Use of fully developed 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 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 paragraph (1);
                    (C) what documents the claimant must provide during 
                the course of the appeals process; and
                    (D) the ability of the claimant to seek advice 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.--
            (1) Process.--Upon the election of a claimant to file a 
        fully developed appeal pursuant to subsection (b)(1), the 
        Secretary shall--
                    (A) not provide the claimant with a statement of 
                the case nor require the claimant to file a substantive 
                appeal; and
                    (B) transfer jurisdiction over the fully developed 
                appeal directly to the Board of Veterans' Appeals.
            (2) Docket.--
                    (A) The Board of Veterans' Appeals shall--
                            (i) maintain fully developed appeals on a 
                        separate docket than traditional appeals;
                            (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 subparagraph 
                        (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 that is one 
                        year following the date on which the claimant 
                        files the notice of disagreement.
                    (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 developed appeal under subparagraph 
                (A)(iii) if the Board determines that such adjustment 
                is fair for both traditional appeals and fully 
                developed appeals.
            (3) Limitation on use of new evidence.--A claimant may not 
        submit to the Board of Veterans' 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 determines that a fully developed appeal 
        requires Federal records, independent medical opinions, or new 
        medical exams, the Board shall--
                    (A) in accordance with paragraph (5), take such 
                actions as may be necessary to develop such records, 
                opinions, or exams;
                    (B) retain jurisdiction of the fully developed 
                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 subparagraph 
                        (A); and
                            (ii) transfer employees of the Appeals 
                        Management Center of the Veterans Benefits 
                        Administration to the office of the 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 Veterans' Appeals may not 
        provide hearings with respect to fully developed 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 enactment 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 improve the pilot 
        program; and
            (2) an assessment of the feasibility and advisability 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 section.
            (4) The term ``traditional appeal'' means an appeal of a 
        claim for disability compensation that is not a fully developed 
        appeal.
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