[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2473 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2473

   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, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2016

   Mr. Sullivan (for himself, Mr. Casey, Mr. Heller, and Mr. Tester) 
introduced the following bill; which was read twice and 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, 
                        and for other purposes.

    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 of 2016''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS 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) as part of the notice of disagreement filed by 
        the claimant in accordance with paragraph (1)(A).
            (3) Reversion.--
                    (A) Elected reversion.--At any time, a claimant who 
                makes an election under paragraph (1) may elect to 
                revert to the standard appeals process. Such a 
                reversion shall be final.
                    (B) Automatic reversion.--A claimant described in 
                subparagraph (A), or a claimant who makes an election 
                under paragraph (1) but is later determined to be 
                ineligible for the pilot program under subsection (a), 
                shall revert to the standard appeals process without 
                any penalty to the claimant other than the loss of the 
                docket number associated with the fully developed 
                appeal.
            (4) 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 conduct outreach as follows:
                    (A) The Secretary shall provide to the claimant 
                (and to the representative of record of the claimant, 
                if any) information regarding--
                            (i) the pilot program, including the 
                        advantages and disadvantages of the program;
                            (ii) how to make an election under 
                        paragraph (1);
                            (iii) the limitation on the use of new 
                        evidence described in paragraph (3) of 
                        subsection (c) and the development of 
                        information under paragraph (4) of such 
                        subsection; and
                            (iv) the ability of the claimant to seek 
                        advice and education regarding such process 
                        from veterans service organizations, attorneys, 
                        and claims agents recognized under chapter 59 
                        of title 38, United States Code.
                    (B) The Secretary shall collaborate, partner with, 
                and give weight to the advice of the three veterans 
                service organizations with the most members to publish 
                on the Internet website of the Department of Veterans 
                Affairs an online tutorial explaining the advantages 
                and disadvantages of the pilot program.
    (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) In general.--The Board of Veterans' Appeals 
                shall--
                            (i) maintain fully developed appeals on a 
                        separate docket than standard appeals;
                            (ii) decide 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 standard 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) Adjustment.--Beginning one year after the date 
                on which the pilot program under subsection (a) 
                commences, the Board may adjust the number of standard 
                appeals decided for each fully developed appeal under 
                subparagraph (A)(iii) if the Board determines that such 
                adjustment is fair for both standard appeals and fully 
                developed appeals.
            (3) Limitation on use of new evidence.--
                    (A) In general.--Except as provided by 
                subparagraphs (B) and (C)--
                            (i) a claimant may not submit or identify 
                        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 standard appeals process 
                        pursuant to subsection (b)(3); and
                            (ii) if a claimant submits or identifies 
                        any such new evidence, such submission or 
                        identification shall be deemed to be an 
                        election to make such a reversion pursuant to 
                        subsection (b)(3).
                    (B) Evidence gathered by board.--Subparagraph (A) 
                shall not apply to evidence developed pursuant to 
                paragraphs (4) and (5). The Board shall consider such 
                evidence in the first instance without consideration by 
                the Veterans Benefits Administration.
                    (C) Representative of record.--The representative 
                of record of a claimant for appeals purposes, if any, 
                shall be provided an opportunity to review the fully 
                developed appeal of the claimant and submit any 
                additional arguments or evidence that the 
                representative determines necessary during a period 
                specified by the Board for purposes of this 
                subparagraph.
            (4) Prohibition on remand for additional development.--If 
        the Board of Veterans' Appeals determines that a fully 
        developed appeal requires Federal records, independent medical 
        opinions, or new medical examinations, the Board shall--
                    (A) in accordance with paragraph (5), take such 
                actions as may be necessary to develop such records, 
                opinions, or examinations in accordance with section 
                5103A of title 38, United States Code;
                    (B) retain jurisdiction of the fully developed 
                appeal without requiring a determination by the 
                Veterans Benefits Administration based on such records, 
                opinions, or examinations;
                    (C) ensure the claimant, and the representative of 
                record of a claimant, if any, receives a copy of such 
                records, opinions, or examinations; and
                    (D) provide the claimant a period of 90 days after 
                the date of mailing such records, opinions, or 
                examinations during which the claimant may provide the 
                Board any additional evidence without requiring the 
                claimant to make a reversion pursuant to subsection 
                (b)(3).
            (5) Development unit.--
                    (A) Establishment.--The Board of Veterans' Appeals 
                shall establish an office to develop Federal records, 
                independent medical opinions, and new medical 
                examinations pursuant to paragraph (4)(A) that the 
                Board determines necessary to decide a fully developed 
                appeal.
                    (B) Requirements.--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 Veterans 
                        Benefits Administration who, prior to the 
                        enactment of this Act, were responsible for 
                        processing claims remanded by the Board of 
                        Veterans' Appeals to positions within the 
                        office of the Board established under 
                        subparagraph (A) in a number the Secretary 
                        determines sufficient to carry out such 
                        subparagraph.
            (6) Hearings.--Notwithstanding section 7107 of title 38, 
        United States Code, the Secretary may not provide hearings with 
        respect to fully developed appeals. If a claimant requests to 
        hold a hearing pursuant to such section 7107, such request 
        shall be deemed to be an election to revert to the standard 
        appeals process pursuant to subsection (b)(3).
    (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 the following:
            (1) For the period covered by the report--
                    (A) the number of claimants who filed a fully 
                developed appeal under the pilot program;
                    (B) the average processing time for each such 
                appeal, measured by each phase of the appeal, and, if 
                the processing time for appeals exceed one year, the 
                reasons for such processing time;
                    (C) a summary of reasons for which the development 
                of evidence was required under subsection (c)(5);
                    (D) the number of issues decided, listed by the 
                disposition of the issue;
                    (E) of the number identified in subparagraph (D), 
                the number of issues for which evidence was not so 
                developed, listed by the disposition of the issue;
                    (F) of the number of fully developed appeals 
                decided by the Board of Veterans' Appeals, the number 
                of cases from each agency of original jurisdiction, 
                listed by the disposition of the issue;
                    (G) the number of fully developed appeals appealed 
                to the Court of Appeals for Veterans Claims, listed by 
                the disposition of the case;
                    (H) the number of reversions made under subsection 
                (b)(3); and
                    (I) any reasons for why a claimant was determined 
                to be ineligible to participate in the pilot program.
            (2) A review, made in conjunction with veterans service 
        organizations, of the efforts of the Secretary to provide clear 
        rating decisions and improve disability rating notification 
        letters, including with respect to--
                    (A) the opinions of veterans service organizations 
                regarding such efforts; and
                    (B) how the pilot program improves such efforts.
            (3) A recommendation for any changes to improve the pilot 
        program.
            (4) An assessment of the feasibility and advisability of 
        expanding the pilot program.
    (f) Regulations.--Not later than one day after the date of the 
enactment of this Act, the Secretary shall publish interim guidance on 
the pilot program under subsection (a). Not later than 90 days after 
such date of enactment, the Secretary shall prescribe regulations to 
carry out such pilot program.
    (g) Definitions.--In this section:
            (1) Claimant.--The term ``claimant'' has the meaning given 
        that term in section 5100 of title 38, United States Code.
            (2) Compensation.--The term ``compensation'' has the 
        meaning given that term in section 101 of title 38, United 
        States Code.
            (3) Fully developed appeal.--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) Standard appeal.--The term ``standard appeal'' means an 
        appeal of a claim for disability compensation that is not a 
        fully developed appeal.
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