Express Appeals Act - Directs the Secretary 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.
Authorizes a claimant to elect to file an express appeal by filing with the Secretary: (1) a notice of disagreement, (2) all evidence that the claimant believes is needed for the appeal, (3) a statement of the argument in support of the claim, and (4) the claimant's written election to have the appeal determined under the pilot program. Requires the Secretary to transfer jurisdiction over an express appeal directly to the Board of Veterans' Appeals.
Requires a claimant to 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) by 90 days after the Secretary provides notice of the determination of the claim if the claimant has not filed a traditional appeal.
Directs the Secretary to inform a claimant who seeks to change a traditional appeal to an express appeal about whether any time will be saved. Allows a claimant who elects to file an express appeal to elect to revert to a traditional appeal at any time.
Requires the Board of Veterans' Appeals to: (1) maintain express appeals on a separate docket, (2) hear express appeals in the order received, and (3) decide not more than one express appeal for each four traditional appeals decided.
Sets forth provisions regarding: (1) the effects of new evidence submitted or additional information needed after an express appeal is filed, and (2) a prohibition against the Board providing hearings for express appeals.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
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