(a) Evaluation of claims involving military sexual trauma
(1) In general
Subchapter VI of chapter 11 of such title is amended by inserting after section 1166 the following new section:
1166A. Evaluation of claims involving military sexual trauma
(a) Notice and opportunity to supply evidence
The Secretary may not deny a claim of a veteran for compensation under this chapter for military sexual trauma without first—
advising the veteran of the evidence that would constitute credible corroborating evidence of the military sexual trauma; and
allowing the veteran an opportunity to furnish such corroborating evidence.
(b) Point of contact
The Secretary shall ensure that each document provided to a veteran relating to a claim for compensation under this chapter for a military sexual trauma includes contact information for an appropriate point of contact with the Department.
(c) Specialized teams
The Secretary shall ensure that all claims for compensation under this chapter for a military sexual trauma are reviewed and processed by a specialized team established under section 1166 of this title.
The Secretary shall ensure that not less than annually, the policies and procedures employed by the specialized team established under section 1166 of this title are reviewed by medical or mental health professionals as the Secretary considers appropriate to determine whether the current standard of evidentiary review for acceptable documentation adequately evaluates the likelihood a military sexual trauma occurred.
The Secretary shall also conduct periodic quality reviews of claims processed by the specialized teams established under section 1166 to identify inconsistencies, training deficiencies, or procedural shortcomings and implement corrective actions as appropriate.
(2) Outreach
(A) In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement, with input from the veteran community, an informative outreach program for veterans regarding the standard of proof for evaluation of claims relating to military sexual trauma, including requirements for a medical examination and opinion.
(B) Targeted outreach
In implementing the program under subparagraph (A), the Secretary shall, to the extent practicable, target outreach to veterans who submitted a claim relating to military sexual trauma that was denied.
(3) Clerical amendment
The table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1166 the following new item:
(b) Communications from the Department of Veterans Affairs to individuals who have experienced military sexual trauma
(1) Review working group
(A) In general
The Secretary of Veterans Affairs shall establish a working group to review correspondence relating to military sexual trauma.
(B) Membership
The working group established under subparagraph (A) shall be composed of members who shall be appointed by the Secretary from among employees of the Department of Veterans Affairs who are experts in military sexual trauma and mental health, of whom—
one or more shall be appointed from among mental health providers of the Veterans Health Administration;
one or more shall be appointed from among experts on sexual assault and sexual harassment of the Veterans Benefits Administration; and
one or more shall be appointed from among experts on sexual assault and sexual harassment of the Board of Veterans’ Appeals.
(C) Duties
The working group established under subparagraph (A) shall—
review standard correspondence, which may include templates for notices under sections 5103, 5104, 5104B, and 7104 of title 38, United States Code, from the Department to individuals who have experienced military sexual trauma for sensitivity; and
ensure that the correspondence—
(D) Individual who has experienced military sexual trauma defined
In this subsection, the term individual who has experienced military sexual trauma means—
an individual who has filed a claim for compensation under chapter of title 38, United States Code, relating to military sexual trauma;
a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or
a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.
(2) Contents of certain written communications to individuals who have experienced military sexual trauma
(A) Notice to claimants of required information and evidence
Section 5103 of title 38, United States Code, is amended by adding at the end the following new subsection:
(c) Written communications to individuals who have experienced military sexual trauma
The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:
Contact information for each of the following:
The military sexual trauma coordinator of the Veterans Benefits Administration.
The military sexual trauma coordinator of the Veterans Health Administration.
The Veterans Crisis Line.
The facility of the Veterans Health Administration closest to where the individual resides.
The Readjustment Counseling Service location closest to where the individual resides.
Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(v).
In this subsection:
The term individual who has experienced military sexual trauma means—
an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;
a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or
a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.
The term military sexual trauma has the meaning given that term in section 1166(d)(2) of this title.
The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title.
(B) Decisions and notices of decisions
Section 5104 of title 38, United States Code, is amended by adding at the end the following new subsection:
The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:
Contact information for each of the following:
The military sexual trauma coordinator of the Veterans Health Administration.
The Veterans Crisis Line.
The facility of the Veterans Health Administration closest to where the individual resides.
The Readjustment Counseling Service location closest to where the individual resides.
Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(iv).
The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—
the contact information described in paragraph (1); and
the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.
In this subsection:
The term individual who has experienced military sexual trauma means—
an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;
a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or
a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.
The term military sexual trauma has the meaning given that term in section 1166(d)(2) of this title.
The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title.
(C) Higher-level review by the agency of original jurisdiction
Section 5104B of title 38, United States Code, is amended by adding at the end the following new subsection:
(f) Written communications to individuals who have experienced military sexual trauma
The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma includes each of the following:
Contact information for each of the following:
The military sexual trauma coordinator of the Veterans Health Administration.
The Veterans Crisis Line.
The facility of the Veterans Health Administration closest to where the individual resides.
The Readjustment Counseling Service location closest to where the individual resides.
Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(iv).
The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—
the contact information described in paragraph (1); and
the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.
In this subsection:
The term individual who has experienced military sexual trauma means—
an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;
a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or
a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.
The term military sexual trauma has the meaning given that term in section 1166(d)(2) of this title.
The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title.
(D) Board of Veterans’ Appeals
Section 7104 of title 38, United States Code, is amended by adding at the end the following new subsection:
The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma include each of the following:
Contact information for each of the following:
The military sexual trauma coordinator of the Veterans Health Administration.
The Veterans Crisis Line.
The facility of the Veterans Health Administration closest to where the individual resides.
The Readjustment Counseling Service location closest to where the individual resides.
Information on the eligibility of the individual for services provided through the Readjustment Counseling Service location described in subparagraph (A)(iv).
The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—
the contact information described in paragraph (1); and
the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.
In this subsection:
The term individual who has experienced military sexual trauma means—
an individual who has filed a claim for compensation under chapter 11 of this title relating to military sexual trauma;
a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or
a member of the Armed Forces (including a member of the National Guard or Reserves), a former member of the Armed Forces, or a veteran who is receiving care from the Department relating to military sexual trauma.
The term military sexual trauma has the meaning given that term in section 1166(d)(2) of this title.
The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title.
(c) Study on training and processing relating to claims for disability compensation relating to military sexual trauma
(1) Study required
The Secretary of Veterans Affairs shall conduct a study on—
the quality of training provided to personnel of the Department of Veterans Affairs who review claims for disability compensation under chapter 11 of title 38, United States Code, for disabilities relating to military sexual trauma; and
the quality of the procedures of the Department for reviewing the accuracy of the processing of such claims.
(2) Elements
The study required by subsection (a) shall include the following:
With respect to the quality of training described in paragraph (1) of such subsection:
Whether the Department ensures personnel complete such training on time.
Whether the training has resulted in improvements to the processing of claims described in such subsection and issue-based accuracy.
Such recommendations as the Secretary may have for improving the training.
With respect to the quality of procedures described in paragraph (2) of such subsection:
Whether the procedures of the Department for reviewing the accuracy of the processing of claims described in such subsection comport with generally accepted statistical methodologies to ensure reasonable accuracy of such reviews.
Whether such procedures adequately include mechanisms to correct errors found in such reviews.
A summary of quality assurance reviews and reports conducted as part of such procedures.
Such recommendations as the Secretary may have for improving such procedures.
(3) Report required
Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing the findings of the Secretary with respect to the study conducted under paragraph (1).
(d) Annual special focus review of claims for disability compensation for disabilities relating to military sexual trauma
(1) Annual special focus review
(A) In general
Each year, the Under Secretary for Benefits of the Department of Veterans Affairs shall conduct a special focus review on the accuracy of the processing of claims for disability compensation under chapter 11 of title 38, United States Code, for disabilities relating to military sexual trauma.
(B) Elements
Each review conducted under subparagraph (A) shall include a review of the following:
A statistically significant, nationally representative sample of all claims for benefits under the laws administered by the Secretary of Veterans Affairs relating to military sexual trauma filed during the fiscal year preceding the fiscal year in which the report is submitted.
The accuracy of each decision made with respect to each claim described in clause (i).
The types of benefit entitlement errors found, disaggregated by category.
Trends from year to year.
Training completion rates for personnel of the Department who process claims described in subparagraph (A).
(2) Reprocessing of claims
If the Under Secretary finds, pursuant to a special focus review conducted under paragraph (1)(A), that an error was made with respect to the entitlement of a veteran to a benefit under the laws administered by the Secretary, the Secretary shall return the relevant claim of the veteran to the appropriate office of the Department for reprocessing to ensure that the veteran receives an accurate decision with respect to the claim.
(3) Report
Section 5501(b) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ; 134 Stat. 5048) is amended—
in paragraph (1), by striking through 2027 and inserting until the date described in section 109(d)(4) of the Take Care of America’s Veterans Act ; and
in paragraph (2), by adding at the end the following new subparagraph:
The findings of the most recent special focus review conducted under subsection (d)(1)(A) of section 109 of the Take Care of America’s Veterans Act , including—
the elements under subsection (d)(1)(B) of such section;
the number of claims returned for reprocessing under subsection (d)(2) of such section; and
the number of claims described in clause (ii) for which the decision relating to service-connection or entitlement to compensation changed as a result of reprocessing the claim.
(4) Sunset
On the date that is 5 years after the enactment of this Act, paragraph (1)(A) shall cease to be in effect.
(e) Working group on medical examinations for claims for disability compensation for disabilities relating to military sexual trauma
(1) In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a working group on medical examinations for claims for disability compensation under chapter 11 of title 38, United States Code, for disabilities relating to military sexual trauma (in this section referred to as the working group ).
(2) Membership
The working group shall be composed of the following:
Staff of the operations center for military sexual trauma of the Department of Veterans Affairs who have experience reviewing the quality of medical examinations in support of claims for disability compensation under chapter 11 of title 38, United States Code.
Staff of the Medical Disability Examination Office of the Department.
Veterans service officers who have experience with claims described in paragraph (1).
Medical examiners who have experience with such claims.
Staff of the Veterans Experience Office of the Department.
Such other individuals as the Secretary considers appropriate.
(3) Duties
Not later than 180 days after the date of the enactment of this Act, the working group shall—
review the quality of medical examinations described in paragraph (1);
review the feasibility of minimizing re-examinations for conditions relating to military sexual trauma; and
submit to the Under Secretary for Benefits of the Department and the Secretary recommendations on how to—
eliminate re-traumatization of individuals who file claims described in paragraph (1); and
reduce the overdevelopment of such claims.
(4) Report
Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes the following:
The views of the working group on efforts by the Department to eliminate re-traumatization of individuals who file claims described in subsection (a).
Legislative proposals to improve the experience of such individuals in pursuing such claims.
The recommendations submitted under paragraph (3)(C).
The plan of the Under Secretary for Benefits of the Department and the Secretary to implement such recommendations.
(5) Review and implementation
Not later than one year after the date of the enactment of this Act, the Under Secretary for Benefits of the Department and the Secretary shall—
review the recommendations submitted under paragraph (3)(C); and
implement the recommendations that, as determined by the Under Secretary and the Secretary, would improve the claims process for individuals who file claims described in paragraph (1).
(f) Military sexual trauma claims performance dashboard
(1) Establishment
The Secretary of Veterans Affairs shall establish an interactive performance dashboard displaying information about claims relating to military sexual trauma submitted to the Secretary for benefits under laws administered by the Secretary.
(2) Elements
The dashboard established pursuant to paragraph (1) shall cover the following:
Claims relating to military sexual trauma submitted to the Secretary for benefits under laws administered by the Secretary that have been submitted, completed, or appealed, including appeals pending at the agency of jurisdiction and at the Board of Veterans’ Appeals.
For comparison purposes with subparagraph (A), claims not relating to military sexual trauma submitted to the Secretary for benefits under laws administered by the Secretary that have been submitted, completed, or appealed.
Overall, cumulative information relating to claims relating to military sexual trauma submitted to the Secretary for benefits under laws administered by the Secretary, including the following:
Average number of days a claim is pending review.
Average number of days for completed adjudication.
Total number of pending claims, disaggregated by whether the claims have been partially adjudicated or not adjudicated at all.
Total number of claims completely adjudicated.
Of the number specified in clause (iv), the percentage that were approved, denied, or appealed.
The total number of claims relating to military sexual trauma submitted to the Secretary for benefits under laws administered by the Secretary.
The methods used for submittal of claims relating to military sexual trauma to the Secretary for benefits under laws administered by the Secretary.
The most frequent reasons the Secretary denies a claim relating to military sexual trauma submitted to the Secretary for a benefit under a law administered by the Secretary.
The most frequent conditions or disabilities for which a claim relating to military sexual trauma is denied.
The most frequent conditions or disabilities for which a claim relating to military sexual trauma is submitted to the Secretary for disability compensation under chapter 11 of title 38, United States Code, including the grant rate for such contentions.
(3) Additional resource information
The Secretary shall make available via the performance dashboard established pursuant to subsection (a) the following information:
Veterans Crisis Line contact information.
Information regarding the availability of services from military sexual trauma coordinators of the Veterans Health Administration.
Information regarding the availability of services from military sexual trauma coordinators of the Veterans Benefits Administration.
Information on availability of specialized care, services, and benefits from the Department for individuals who have experienced military sexual trauma.
Such additional information as the Secretary considers appropriate.
(4) Availability
The Secretary shall ensure that the dashboard established pursuant to paragraph (1) is available to the public from the website of the Department of Veterans Affairs and is updated not less frequently than once every 30 days.
(5) Reporting requirements
Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing—
the annual cost to implement the dashboard required by paragraph (2);
areas for improvement of the dashboard; and
such additional information as the Secretary considers appropriate.
Not later than 180 days after the date of the enactment of this Act, the Secretary shall commence providing, on a quarterly basis, to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a quarterly briefing on the Department’s processing of military sexual trauma-related claims.
(6) Definition
In this section, the term military sexual trauma has the meaning given such term in section 1166(d)(2) of title 38, United States Code.