Sec. 207. Annual special focus review of claims for disability compensation for disabilities relating to military sexual trauma
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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. Each review conducted under paragraph
(1)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 subparagraph (A). 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 paragraph (1). If the Under Secretary finds, pursuant to a special focus review conducted under subsection (a)(1), 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 regional office of the Department for reprocessing to ensure that the veteran receives an accurate decision with respect to the claim. If the Under Secretary finds, pursuant to a special focus review conducted under paragraph
(1)of subsection (a), that the accuracy rate, under paragraph (2)(B) of such subsection, is less than 90 percent, the Secretary shall conduct a review of each claim 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. Section 5501(b)(2) 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 by adding at the end the following new subparagraph: The findings of the most recent special focus review conducted under subsection (a)(1) of section 207 of the Servicemembers and Veterans Empowerment and Support Act of 2021 , including— the elements under subsection (a)(2) of such section; the number of claims returned for reprocessing under subsection
(b)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. .
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Sec. 207
Annual special focus review of claims for disability compensation for disabilities relating to military sexual trauma
Stat.134 Stat. 5048
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