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US HR800

US HR800
Express Appeals Act


summary

Introduced
02/05/2015
In Committee
02/20/2015
Crossed Over
Passed
Dead
01/03/2017

Introduced Session

114th Congress

Bill Summary

Express Appeals Act Directs the Secretary of Veterans Affairs 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. Describes appeals filed under the pilot program as "fully developed appeals." Authorizes a claimant to elect to file a fully developed appeal by filing with the Secretary: (1) a notice of disagreement along with the claimant's written election to have the appeal determined under the pilot program, (2) all evidence that the claimant believes is needed for the appeal, and (3) a statement of the argument in support of the claim. Requires the Secretary to transfer jurisdiction over a fully developed 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) when the claimant files the notice of disagreement if the claimant has not filed a traditional appeal. Directs the Secretary to inform a claimant who seeks to change a traditional appeal to a fully developed appeal as to whether any time will be saved. Allows a claimant who elects to file a fully developed appeal to elect to revert to a traditional appeal at any time. Requires the Board of Veterans' Appeals to: (1) maintain fully developed appeals on a separate docket; (2) hear fully developed appeals in the order received; (3) decide not more than one fully developed appeal for each four traditional appeals decided, though this ratio may be adjusted for fairness purposes beginning one year after the pilot program begins; and (4) decide, to the extent practicable, each fully developed appeal within one year of a claimant's filing the notice of disagreement. Sets forth provisions regarding: (1) the effects of new evidence submitted or additional information needed after a fully developed appeal is filed, and (2) a prohibition against the Board providing hearings for fully developed appeals. Directs the Board to establish an office to develop federal records, independent medical opinions, and new medical exams that the Board deems necessary to decide a fully developed appeal.

AI Summary

This bill, titled the Express Appeals Act, establishes a five-year pilot program to offer veterans an alternative, faster appeals process for disability compensation claims, referred to as "fully developed appeals." To participate, a claimant must submit a notice of disagreement, all supporting evidence, and a statement of their argument, either when filing a new appeal or during an existing traditional appeal. These fully developed appeals will be transferred directly to the Board of Veterans' Appeals (BVA) for quicker processing, with the BVA maintaining them on a separate docket and aiming to decide them within one year of filing, though they will decide one fully developed appeal for every four traditional appeals processed to ensure fairness. The BVA will also establish an office to develop necessary federal records, independent medical opinions, and new medical exams for these appeals, and claimants can revert to the traditional process at any time. The Secretary of Veterans Affairs is required to inform claimants about this program and its benefits, and the BVA will not hold hearings for fully developed appeals.

Committee Categories

Health and Social Services, Military Affairs and Security

Sponsors (26)

Last Action

Forwarded by Subcommittee to Full Committee in the Nature of a Substitute (Amended) by Voice Vote . (on 07/09/2015)

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