Sec. 4. PROGRAMS TO TEST ASSUMPTIONS RELIED ON IN DEVELOPMENT OF COMPREHENSIVE PLAN FOR PROCESSING OF LEGACY APPEALS AND SUPPORTING NEW APPEALS SYSTEM
1,592 words·~7 min read·
/statute-compilations/comps-13693/sec-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 4 PROGRAMS TO TEST ASSUMPTIONS RELIED ON IN DEVELOPMENT OF COMPREHENSIVE PLAN FOR PROCESSING OF LEGACY APPEALS AND SUPPORTING NEW APPEALS SYSTEM ###
(a)Authorization ####
(1)In general The Secretary of Veterans Affairs may carry out such programs as the Secretary considers appropriate to test any assumptions relied upon in developing the comprehensive plan required by section 3(a) and to test the feasibility and advisability of any facet of the new appeals system. ####
(2)Reporting required Whenever the Secretary determines, based on the conduct of a program under paragraph (1), that legislative changes to the new appeals system are necessary, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives notice of such determination. ###
(b)Department of Veterans Affairs Program on Fully Developed Appeals ####
(1)In general The Secretary of Veterans Affairs may, under subsection (a)(1), carry out a program to provide the option of an alternative appeals process that shall more quickly determine such appeals in accordance with this subsection. ####
(2)Election #####
(A)Filing In accordance with subparagraph (B), a claimant may elect to file a fully developed appeal under the program by filing with the Secretary all of the following: ######
(i)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 program. ######
(ii)All evidence that the claimant believes is needed for the appeal as of the date of the filing. ######
(iii)A statement of the argument in support of the claim, if any. #####
(B)Timing A claimant shall make an election under subparagraph
(A)as part of the notice of disagreement filed by the claimant in accordance with subparagraph (A)(i). #####
(C)Triage The Secretary shall, upon expiration of the period specified in paragraph (3)(C)(iii), ensure that an assessment is undertaken of whether an appeal filed under subparagraph
(A)of this paragraph satisfies the requirements for appeal under the program and provide appropriate notification to the claimant of the results of that assessment. #####
(D)Reversion ######
(i)Elected reversion At any time, a claimant who makes an election under subparagraph
(A)may elect to revert to the standard appeals process. Such a reversion shall be final. ######
(ii)Automatic reversion A claimant described in clause (i), or a claimant who makes an election under subparagraph
(A)but is later determined to be ineligible for the program under paragraph (1), 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. #####
(E)Outreach In providing claimants with notices of the determination of a claim during the period in which the program under paragraph
(1)is carried out, the Secretary shall conduct outreach as follows: ######
(i)The Secretary shall provide to the claimant (and to the representative of record of the claimant, if any) information regarding— ######
(I)the program, including the advantages and disadvantages of the program; ######
(II)how to make an election under subparagraph (A); ######
(III)the limitation on the use of new evidence described in subparagraph
(C)of paragraph
(3)and the development of information under subparagraph
(D)of such paragraph; ######
(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; and ######
(V)the circumstances under which the appeal will automatically revert to the standard appeals process, including by making a request for a hearing. ######
(ii)The Secretary shall collaborate, partner with, and give weight to the advice of the three veterans service organizations with the most members and such other stakeholders as the Secretary considers appropriate to publish on the Internet website of the Department of Veterans Affairs an online tutorial explaining the advantages and disadvantages of the program. ####
(3)Treatment by department and board #####
(A)Process Upon the election of a claimant to file a fully developed appeal pursuant to paragraph (2)(A), the Secretary shall— ######
(i)not provide the claimant with a statement of the case nor require the claimant to file a substantive appeal; and ######
(ii)transfer jurisdiction over the fully developed appeal directly to the Board of Veterans’ Appeals. #####
(B)Docket ######
(i)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 clause (ii), 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. ######
(ii)Adjustment Beginning one year after the date on which the program commences, the Board may adjust the number of standard appeals decided for each fully developed appeal under clause (i)(III) if the Board determines that such adjustment is fair for both standard appeals and fully developed appeals. #####
(C)Limitation on use of new evidence ######
(i)In general Except as provided by clauses
(ii)and (iii)— ######
(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 paragraph (2)(D); 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 paragraph (2)(D). ######
(ii)Evidence gathered by board Clause
(i)shall not apply to evidence developed pursuant to subparagraphs
(D)and (E). The Board shall consider such evidence in the first instance without consideration by the Veterans Benefits Administration. ######
(iii)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. #####
(D)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— ######
(i)in accordance with subparagraph (E), 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; ######
(ii)retain jurisdiction of the fully developed appeal without requiring a determination by the Veterans Benefits Administration based on such records, opinions, or examinations; ######
(iii)ensure the claimant, and the representative of record of a claimant, if any, receives a copy of such records, opinions, or examinations; and ######
(iv)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 paragraph (2)(D). #####
(E)Development unit ######
(i)Establishment The Board of Veterans’ Appeals shall establish an office to develop Federal records, independent medical opinions, and new medical examinations pursuant to subparagraph (D)(i) that the Board determines necessary to decide a fully developed appeal. ######
(ii)Requirements The Secretary shall— ######
(I)ensure that the Veterans Benefits Administration cooperates with the Board of Veterans’ Appeals in carrying out clause (i); 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 clause
(i)in a number the Secretary determines sufficient to carry out such subparagraph. #####
(F)Hearings Notwithstanding section 7107 of title 38, United States Code, the Secretary may not provide hearings with respect to fully developed appeals under the program. 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 paragraph (2)(D). ####
(4)Duration; applicability #####
(A)Duration Subject to subsection (c), the Secretary may carry out the program during such period as the Secretary considers appropriate. #####
(B)Applicability This section shall apply only to fully developed appeals that are filed during the period in which the program is carried out pursuant to subparagraph (A). ####
(5)Definitions In this subsection: #####
(A)Compensation The term “**compensation**” has the meaning given that term in section 101 of title 38, United States Code. #####
(B)Fully developed appeal The term “**fully developed appeal**” means an appeal of a claim for disability compensation that is— ######
(i)filed by a claimant in accordance with paragraph (2)(A); and ######
(ii)considered in accordance with this subsection. #####
(C)Standard appeal The term “**standard appeal**” means an appeal of a claim for disability compensation that is not a fully developed appeal. ###
(c)Termination of Authority The Secretary of Veterans Affairs may not carry out a program under this section after the applicability date set forth in section 2(x)(1).