[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 933 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 933
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
April 25, 2017
Mr. Sullivan (for himself and Mr. Casey) 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 2017''.
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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