,,ii #aaeth ,,congress #ast ,session ,s4 #icc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #be1 #bjag ,mr4 ,sullivan 7for himself and ,mr4 ,casey7 introduced the following bill2 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 compensation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,express ,appeals ,act of #bjag4 #b4 ,department of ,veterans ,affairs 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 as part of the notice of disagreement filed by the claimant in accordance with paragraph 7#a77;,a74 7#c7 ,reversion 7,a7 ,elected reversion ,at any time1 a claimant who makes an election under paragraph 7#a7 may elect to revert to the standard appeals process4 ,such a reversion shall be final4 7,b7 ,automatic reversion ,a claimant described in subparagraph 7,a71 or a claimant who makes an election under paragraph 7#a7 but is later determined to be ineligible for the pilot program under subsection 7a71 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 appeal4 7#d7 ,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 conduct outreach as follows3 7,a7 ,the ,secretary shall provide to the claimant 7and to the representative of record of the claimant1 if any7 information regarding-- 7i7 the pilot program1 including the advantages and disadvantages of the program2 7ii7 how to make an election under paragraph 7#a72 7iii7 the limitation on the use of new evidence described in paragraph 7#c7 of subsection 7c7 and the development of information under paragraph 7#d7 of such subsection2 and 7iv7 the ability of the claimant to seek advice and education regarding such process from veterans service organizations1 attorneys1 and claims agents recognized under chapter #ei of title #ch1 ,united ,states ,code4 7,b7 ,the ,secretary shall collaborate1 partner with1 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 program4 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 ,in general ,the ,board of ,veterans' ,appeals shall-- 7i7 maintain fully developed appeals on a separate docket than standard appeals2 7ii7 decide 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 standard 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 ,adjustment ,beginning one year after the date on which the pilot program under subsection 7a7 commences1 the ,board may adjust the number of standard appeals decided for each fully developed appeal under subparagraph 7,a77iii7 if the ,board determines that such adjustment is fair for both standard appeals and fully developed appeals4 7#c7 ,limitation on use of new evidence 7,a7 ,in general ,except as provided by subparagraphs 7,b7 and 7,c7-- 7i7 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 7b77#c72 and 7ii7 if a claimant submits or identifies any such new evidence1 such submission or identification shall be deemed to be an election to make such a reversion pursuant to subsection 7b77#c74 7,b7 ,evidence gathered by ,board ,subparagraph 7,a7 shall not apply to evidence developed pursuant to paragraphs 7#d7 and 7#e74 ,the ,board shall consider such evidence in the first instance without consideration by the ,veterans ,benefits ,administration4 7,c7 ,representative of record ,the representative of record of a claimant for appeals purposes1 if any1 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 subparagraph4 7#d7 ,prohibition on remand for additional development ,if the ,board of ,veterans' ,appeals determines that a fully developed appeal requires ,federal records1 independent medical opinions1 or new medical examinations1 the ,board shall-- 7,a7 in accordance with paragraph 7#e71 take such actions as may be necessary to develop such records1 opinions1 or examinations in accordance with section #eajc;,a of title #ch1 ,united ,states ,code2 7,b7 retain jurisdiction of the fully developed appeal without requiring a determination by the ,veterans ,benefits ,administration based on such records1 opinions1 or examinations2 7,c7 ensure the claimant1 and the representative of record of a claimant1 if any1 receives a copy of such records1 opinions1 or examinations2 and 7,d7 provide the claimant a period of #ij days after the date of mailing such records1 opinions1 or examinations during which the claimant may provide the ,board any additional evidence without requiring the claimant to make a reversion pursuant to subsection 7b77#c74 7#e7 ,development unit 7,a7 ,establishment ,the ,board of ,veterans' ,appeals shall establish an office to develop ,federal records1 independent medical opinions1 and new medical examinations pursuant to paragraph 7#d77;,a7 that the ,board determines necessary to decide a fully developed appeal4 7,b7 ,requirements ,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 ,veterans ,benefits ,administration who1 prior to the enactment of this ,act1 were responsible for processing claims remanded by the ,board of ,veterans' ,appeals to positions within the office of the ,board established under subparagraph 7,a7 in a number the ,secretary determines sufficient to carry out such subparagraph4 7#f7 ,hearings ,notwithstanding section #gajg of title #ch1 ,united ,states ,code1 the ,secretary may not provide hearings with respect to fully developed appeals4 ,if a claimant requests to hold a hearing pursuant to such section #gajg1 such request shall be deemed to be an election to revert to the standard appeals process pursuant to subsection 7b77#c74 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 the following3 7#a7 ,for the period covered by the report-- 7,a7 the number of claimants who filed a fully developed appeal under the pilot program2 7,b7 the average processing time for each such appeal1 measured by each phase of the appeal1 and1 if the processing time for appeals exceed one year1 the reasons for such processing time2 7,c7 a summary of reasons for which the development of evidence was required under subsection 7c77#e72 7,d7 the number of issues decided1 listed by the disposition of the issue2 7,e7 of the number identified in subparagraph 7,d71 the number of issues for which evidence was not so developed1 listed by the disposition of the issue2 7,f7 of the number of fully developed appeals decided by the ,board of ,veterans' ,appeals1 the number of cases from each agency of original jurisdiction1 listed by the disposition of the issue2 7,g7 the number of fully developed appeals appealed to the ,court of ,appeals for ,veterans ,claims1 listed by the disposition of the case2 7,h7 the number of reversions made under subsection 7b77#c72 and 7,i7 any reasons for why a claimant was determined to be ineligible to participate in the pilot program4 7#b7 ,a review1 made in conjunction with veterans service organizations1 of the efforts of the ,secretary to provide clear rating decisions and improve disability rating notification letters1 including with respect to-- 7,a7 the opinions of veterans service organizations regarding such efforts2 and 7,b7 how the pilot program improves such efforts4 7#c7 ,a recommendation for any changes to improve the pilot program4 7#d7 ,an assessment of the feasibility and advisability of expanding the pilot program4 7f7 ,regulations ,not later than one day after the date of the enactment of this ,act1 the ,secretary shall publish interim guidance on the pilot program under subsection 7a74 ,not later than #ij days after such date of enactment1 the ,secretary shall prescribe regulations to carry out such pilot program4 7g7 ,definitions ,in this section3 7#a7 ,claimant ,the term claimant has the meaning given that term in section #eajj of title #ch1 ,united ,states ,code4 7#b7 ,compensation ,the term compensation has the meaning given that term in section #aja of title #ch1 ,united ,states ,code4 7#c7 ,fully developed appeal ,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 ,standard appeal ,the term standard appeal means an appeal of a claim for disability compensation that is not a fully developed appeal4