Sec. 601. Medical examination and opinion for disability compensation claims based on military sexual trauma
273 words·~1 min read·
/bill/113/s/1982/rts/section-601·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 5103A(d) is amended by adding at the end the following new paragraph: In the case of a claim for disability compensation based on a mental health condition related to military sexual trauma, the Secretary shall treat an examination or opinion as being necessary to make a decision on a claim for purposes of paragraph
(1)if the evidence of record before the Secretary, taking into consideration all information and lay or medical evidence (including statements of the claimant)— contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; and indicates that the disability or symptoms may be associated with the claimant’s active military, naval, or air service; but does not contain a diagnosis or opinion by a mental health professional that may assist in corroborating the occurrence of a military sexual trauma stressor related to a diagnosable mental health condition. In this paragraph, the term military sexual trauma shall have the meaning specified by the Secretary for purposes of this paragraph, and shall include sexual harassment (as so specified). . Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the number of examinations and opinions conducted by the Secretary pursuant to paragraph
(3)of section 5103A(d) of title 38, United States Code (as added by subsection (a)), including the following: The number of examinations conducted using a standardized disability assessment. The number of examinations conducted using a non-standardized clinical interview.