Sec. 7. Treatment of medical evidence provided by non-Department of Veterans Affairs medical professionals in support of claims for disability compensation
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Section 5125 of title 38, United States Code, is amended— by striking For purposes and inserting
(a); and In general.— For purposes by adding at the end the following new subsections: If a veteran has submitted a medical opinion or report of a medical examination administered by a private physician in support of the veteran’s claim, the Secretary may not order a medical examination to be administered by a Department physician unless the Secretary provides the veteran with a thorough explanation of why the medical opinion or report submitted by the veteran was not sufficiently complete and the reason why additional medical evidence is necessary. For purposes of a medical opinion or report described in subsection (a), the term sufficiently complete means competent, credible, probative, and containing such information as may be required to make a decision on the claim for which the medical opinion or report is provided. . The amendment made by subsection
(a)shall apply with respect to medical evidence submitted after the date that is one year after the date of the enactment of this Act by veterans who have not submitted any claim for disability compensation to the Secretary of Veterans Affairs before such date. During the three-year period beginning three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the implementation of section 5125(b) of title 38, United States Code, as added by subsection (a). Each report under paragraph
(1)shall include, with respect to the year covered by the report, the following: The number of veterans who submitted a medical opinion or report of a medical examination administered by a private physician in support of the veteran’s claim for disability compensation as described in section 5125(b) of title 38, United States Code, as added by subsection (a). Of the number of veterans described in subparagraph (A), the number of veterans whose medical opinion or report of a medical examination administered by a private physician was determined by the Secretary to not be sufficiently complete pursuant to such section 5125(b), including the five most frequent reasons for such a determination. A comparison of the approval rate of claims for disability compensation with respect to— veterans who submitted medical opinions or reports of a medical examination administered by a private physician in support of the veteran’s claim; and veterans who did submit such opinions or reports but such opinions or reports were determined by the Secretary to not be sufficiently complete pursuant to such section 5125(b); and veterans who did not submit such opinions or reports.