,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dfaf ,,in ,,the ,,house ,,of ,,representatives ,may #h1 #bjad ,mr4 ,o',rourke 7for himself and ,mr4 ,cook7 introduced the following bill2 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 compensation4 #a4 ,short title ,this ,act may be cited as the ,express ,appeals ,act4 #b4 ,pilot program on express appeals 7a7 ,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 section4 7b7 ,election 7#a7 ,filing ,in accordance with paragraph 7#b71 a claimant may elect to file an express appeal under the pilot program under subsection 7a7 by filing with the ,secretary the following3 7,a7 ,the notice of disagreement under chapter #ga of title #ch1 ,united ,states ,code4 7,b7 ,all evidence that the claimant believes is needed for the appeal as of the date of the filing4 7,c7 ,a statement of the argument in support of the claim1 if any4 7,d7 ,the written election of the claimant to have the appeal determined under the pilot program4 7#b7 ,timing ,a claimant shall make an election under paragraph 7#a7-- 7,a7 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 7a7 commences1 at any time during the traditional appeal process2 or 7,b7 if the claimant has not so filed a traditional appeal with respect to the claim for disability compensation before such date1 by not later than #ij days after the date on which the ,secretary provides to the claimant the notice of the determination of the claim4 7#c7 ,change of processing ,if a claimant described in paragraph 7#b77;,a7 seeks to elect to make an election under paragraph 7#a7 to change a traditional appeal to an express appeal1 the ,secretary shall-- 7,a7 inform the claimant of whether1 in light of such traditional appeal being processed1 the claimant will achieve any time savings through such an express appeal2 and 7,b7 if the claimant elects to file such express appeal1 process the express appeal in accordance with this section to the extent practicable4 7#d7 ,reversion ,at any time1 a claimant who makes an election under paragraph 7#a7 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 appeal4 7#e7 ,use of express appeal ,a claimant may only make an election under paragraph 7#a7 with respect to a claim for disability compensation filed by the claimant that is not1 with respect to a claim previously decided by express appeal1 a petition to reopen the claim or a separate claim for an increased rating for the claim4 7#f7 ,outreach ,in providing claimants with notices of the determination of a claim during the period in which the pilot program under subsection 7a7 is carried out1 the ,secretary shall provide to the claimant information regarding-- 7,a7 the pilot program2 7,b7 how to make an election under paragraph 7#a72 7,c7 what documents the claimant must provide during the course of the appeals process2 and 7,d7 the ability of the claimant to seek advice and education regarding such process from veterans service organizations and attorneys recognized under chapter #ei of title #ch1 ,united ,states ,code4 7c7 ,treatment by ,department and ,board 7#a7 ,process ,upon the election of a claimant to file an express appeal pursuant to subsection 7b77#a71 the ,secretary shall-- 7,a7 not provide the claimant with a statement of the case nor require the claimant to file a substantive appeal2 and 7,b7 transfer jurisdiction over the express appeal directly to the ,board of ,veterans' ,appeals4 7#b7 ,docket ,the ,board of ,veterans' ,appeals shall-- 7,a7 maintain express appeals on a separate docket than traditional appeals2 7,b7 hear express appeals in the order that the express appeals are received on the express appeal docket2 and 7,c7 decide not more than one express appeal for each four traditional appeals decided4 7#c7 ,new evidence 7,a7 ,if a claimant submits to the ,board of ,veterans' ,appeals any new evidence relating to an express appeal after filing such appeal1 the claimant may-- 7i7 revert to the traditional appeals process pursuant to subsection 7b77#d7 and use such new evidence during the course of such process2 or 7ii7 withdraw such new evidence and continue the express appeal4 7,b7 ,if a claimant withdraws new evidence pursuant to subparagraph 7,a77ii71 the ,secretary shall inform the claimant1 after the ,board decides the express appeal1 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 rating4 7#d7 ,prohibition on remand to regional office ,if the ,board of ,veterans' ,appeals determines that an express appeal requires additional information1 including any medical examination1 the ,board shall-- 7,a7 direct the ,veterans ,benefits ,administration to take such actions as may be necessary to develop such information2 7,b7 retain jurisdiction of the express appeal without requiring a determination by the ,veterans ,benefits ,administration based on such information2 7,c7 direct the ,veterans ,benefits ,administration to ensure the claimant receives a copy of such information2 and 7,d7 provide the claimant a period of #de days after the receipt of such information to provide the ,board any additional evidence4 7#e7 ,hearings ,notwithstanding section #gajg of title #ch1 ,united ,states ,code1 the ,board of ,veterans' ,appeals may not provide hearings with respect to express appeals4 ,a claimant may request to hold a hearing pursuant to such section #gajg if the claimant reverts to the traditional appeals process pursuant to subsection 7b77#d74 7d7 ,duration2 application ,the ,secretary shall carry out the pilot program under subsection 7a7 for a five-year period beginning one year after the date of the enactment of this ,act4 ,this section shall apply only to express appeals that are filed during such period4 7e7 ,reports ,during each year in which the pilot program under subsection 7a7 is carried out1 the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate a report on the pilot program4 ,the first such report shall be submitted by not later than #ahj days after the date on which the pilot program commences4 7f7 ,definitions ,in this section3 7#a7 ,the term claimant has the meaning given that term in section #eajj of title #ch1 ,united ,states ,code4 7#b7 ,the term compensation has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 7#c7 ,the term express appeal means an appeal of a claim for disability compensation that is-- 7,a7 filed by a claimant in accordance with subsection 7b77#a72 and 7,b7 considered in accordance with this section4 7#d7 ,the term traditional appeal means an appeal of a claim for disability compensation that is not an express appeal4