[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 800 Introduced in House (IH)]
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 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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