[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4616 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4616

   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 8, 2014

Mr. O'Rourke (for himself and Mr. Cook) 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 EXPRESS 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 an express 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.
                    (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.
                    (D) The written election of the claimant to have 
                the appeal determined under the pilot program.
            (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; or
                    (B) if the claimant has not so filed a traditional 
                appeal with respect to the claim for disability 
                compensation before such date, by not later than 90 
                days after the date on which the Secretary provides to 
                the claimant the notice of the determination of the 
                claim.
            (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 an express 
        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 an express 
                appeal; and
                    (B) if the claimant elects to file such express 
                appeal, process the express 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 
        express appeal.
            (5) Use of express 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 express 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 an 
        express 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 express appeal 
                directly to the Board of Veterans' Appeals.
            (2) Docket.--The Board of Veterans' Appeals shall--
                    (A) maintain express appeals on a separate docket 
                than traditional appeals;
                    (B) hear express appeals in the order that the 
                express appeals are received on the express appeal 
                docket; and
                    (C) decide not more than one express appeal for 
                each four traditional appeals decided.
            (3) New evidence.--
                    (A) If a claimant submits to the Board of Veterans' 
                Appeals any new evidence relating to an express appeal 
                after filing such appeal, the claimant may--
                            (i) revert to the traditional appeals 
                        process pursuant to subsection (b)(4) and 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 decides 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 
                separate claim for an increased rating.
            (4) Prohibition on remand to regional office.--If the Board 
        of Veterans' Appeals determines that an express appeal requires 
        additional information, including any medical examination, the 
        Board shall--
                    (A) direct the Veterans Benefits Administration to 
                take such actions as may be necessary to develop such 
                information;
                    (B) retain jurisdiction of the express appeal 
                without requiring a determination by the Veterans 
                Benefits Administration based on such information;
                    (C) direct the Veterans Benefits Administration 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 Veterans' Appeals may not 
        provide hearings with respect 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 enactment 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.
    (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 section.
            (4) The term ``traditional appeal'' means an appeal of a 
        claim for disability compensation that is not an express 
        appeal.
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