Express Appeals Act

Bill: 115-hr-2311
Sponsor: full_name: Rep. O'Rourke, Beto [D-TX-16]
Introduced: 2017-05-03
Policy area: Armed Forces and National Security
Subjects: Administrative remedies

Department of Veterans Affairs

Disability assistance

Evidence and witnesses

Executive agency funding and structure

Health information and medical records

Veterans' pensions and compensation
Latest action: action_date: 2017-05-03
text: Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Summaries:
action_date: 2017-05-03
action_desc: Introduced in House
text: <p><strong>Express Appeals Act</strong></p> <p>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.</p> <p>The bill describes appeals filed under the pilot program as &quot;fully developed appeals.&quot;</p> <p>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.</p> <p>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.</p> <p>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. </p> <p>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.</p> <p>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.</p> <p>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.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 2311 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.

1. Short title This Act may be cited as the Express Appeals Act . 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.