Sec. 604. Training for personnel of the Department of Veterans Affairs with respect to toxic-exposed veterans
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/bill/117/hr/3967/pcs/section-604A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Veterans Affairs shall provide to health care personnel of the Department of Veterans Affairs education and training to identify, treat, and assess the impact on toxic-exposed veterans of illnesses related to toxic exposure and inform such personnel of how to ask for additional information from veterans regarding different toxic exposures. Not later than 180 days after the date of the enactment of this Act, the Secretary shall ensure that a standard training curriculum exists for processors of claims under the laws administered by the Secretary who review claims for disability benefits relating to service-connected disabilities based on toxic exposure, including employees who adjudicate such claims.
The Secretary shall ensure that the training under subparagraph
(A)includes the following explanations with respect to claims relating to toxic exposure: A lack of a presumption of service connection is not by itself sufficient to determine that service connection does not exist. The claims adjudicator shall always consider whether direct service connection is applicable and request, as needed, an advisory medical opinion pursuant to section 1168 of title 38, United States Code, as added by section 303 . The claims adjudicator may review and consider any record of the claimant in an exposure tracking record system pursuant to section 1119 of such title, as added by section 302 , but a lack of such information is not by itself sufficient to determine that such exposure did not occur or sufficient to deny the claim. The Secretary shall— provide training under subparagraph
(A)to each employee described in such subparagraph not less frequently than annually; and using the Systematic Technical Accuracy Review program, or such successor program, conduct a nationwide, quarterly, randomized review of the quality of adjudication of claims relating to toxic exposure. Not later than 180 days after the date of the enactment of this Act, the Secretary shall ensure that a standard medical training curriculum exists for medical providers who conduct examinations and provide opinions pursuant to section 1168 of title 38, United States Code, as added by section 303 , regardless of whether the provider is an employee of the Department or a contractor. The Secretary shall ensure that the curriculum established under subparagraph (A)— provides a standardized approach to conducting and providing examinations and opinions in accordance with such section 1168; and instructs medical providers to consider, when conducting an examination or providing an opinion— relevant medical and scientific literature; the proximity, intensity, and frequency of exposure of the individual to the identified toxic exposure; medically unexplained chronic multisymptom illnesses; and all competent and credible evidence of record.