,i #aadth ,,congress #ast ,session ,h4 ,r4 #hjj ,,in ,,the ,,house ,,of ,,representatives ,february #e1 #bjae ,mr4 ,o',rourke 7for himself1 ,mr4 ,miller of ,florida1 ,mr4 ,cook1 ,ms4 ,brown of ,florida1 ,ms4 ,titus1 ,mrs4 ,kirkpatrick1 ,mr4 ,huffman1 and ,ms4 ,brownley of ,california7 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 fully developed 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 a fully developed 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 ,code1 along with the written election of the claimant to have the appeal determined under the pilot program4 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#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 process1 notwithstanding paragraph 7#a77;,a72 or 7,b7 if the claimant has not so filed a traditional appeal with respect to the claim for disability compensation before such date1 as part of the notice of disagreement filed by the claimant in accordance with paragraph 7#a77;,a74 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 a fully developed 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 a fully developed appeal2 and 7,b7 if the claimant elects to file such fully developed appeal1 process the fully developed 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 fully developed appeal4 7#e7 ,use of fully developed 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 fully developed 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 a fully developed 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 fully developed appeal directly to the ,board of ,veterans' ,appeals4 7#b7 ,docket 7,a7 ,the ,board of ,veterans' ,appeals shall-- 7i7 maintain fully developed appeals on a separate docket than traditional appeals2 7ii7 hear fully developed appeals in the order that the fully developed appeals are received on the fully developed appeal docket2 7iii7 except as provided by subparagraph 7,b71 decide not more than one fully developed appeal for each four traditional appeals decided2 and 7iv7 to the extent practicable1 decide each fully developed appeal by the date that is one year following the date on which the claimant files the notice of disagreement4 7,b7 ,beginning one year after the date on which the pilot program under subsection 7a7 commences1 the ,board may adjust the number of traditional appeals decided for each fully developed appeal under subparagraph 7,a77iii7 if the ,board determines that such adjustment is fair for both traditional appeals and fully developed appeals4 7#c7 ,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 7b77#d74 7#d7 ,prohibition on remand to regional office ,if the ,board of ,veterans' ,appeals determines that a fully developed appeal requires ,federal records1 independent medical opinions1 or new medical exams1 the ,board shall-- 7,a7 in accordance with paragraph 7#e71 take such actions as may be necessary to develop such records1 opinions1 or exams2 7,b7 retain jurisdiction of the fully developed appeal without requiring a determination by the ,veterans ,benefits ,administration based on such records1 opinions1 or exams2 7,c7 ensure the claimant receives a copy of such records1 opinions1 or exams2 and 7,d7 provide the claimant a period of #de days after the receipt of such records1 opinions1 or exams to provide the ,board any additional evidence4 7#e7 ,development unit 7,a7 ,the ,board of ,veterans' ,appeals shall establish an office to develop ,federal records1 independent medical opinions1 and new medical exams pursuant to paragraph 7#d77;,a7 that the ,board determines necessary to decide a fully developed appeal4 7,b7 ,the ,secretary shall-- 7i7 ensure that the ,veterans ,benefits ,administration cooperates with the ,board of ,veterans' ,appeals in carrying out subparagraph 7,a72 and 7ii7 transfer employees of the ,appeals ,management ,center of the ,veterans ,benefits ,administration to the office of the ,board established under subparagraph 7,a7 in a number that the ,secretary determines sufficient to carry out such subparagraph4 7#f7 ,hearings ,notwithstanding section #gajg of title #ch1 ,united ,states ,code1 the ,board of ,veterans' ,appeals may not provide hearings with respect to fully developed 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 fully developed 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 ,each report shall include-- 7#a7 a recommendation for any changes to improve the pilot program2 and 7#b7 an assessment of the feasibility and advisability of expanding the pilot program4 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 fully developed 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 a fully developed appeal4