Sec. 1612. MEDICAL EVALUATIONS AND PHYSICAL DISABILITY EVALUATIONS OF RECOVERING SERVICE MEMBERS
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## SEC. 1612 MEDICAL EVALUATIONS AND PHYSICAL DISABILITY EVALUATIONS OF RECOVERING SERVICE MEMBERS **[**[10 U.S.C. 1071 note](/us/usc/t10/s1071)**]** ###
(a)Medical Evaluations of Recovering Service Members ####
(1)In general Not later than July 1, 2008, the Secretary of Defense shall develop a policy on improvements to the processes, procedures, and standards for the conduct by the military departments of medical evaluations of recovering service members. ####
(2)Elements The policy on improvements to processes, procedures, and standards required under this subsection shall include and address the following: #####
(A)Processes for medical evaluations of recovering service members that— ######
(i)apply uniformly throughout the military departments; and ######
(ii)apply uniformly with respect to recovering service members who are members of the regular components of the Armed Forces and recovering service members who are members of the National Guard and Reserve. #####
(B)Standard criteria and definitions for determining the achievement for recovering service members of the maximum medical benefit from treatment and rehabilitation. #####
(C)Standard timelines for each of the following: ######
(i)Determinations of fitness for duty of recovering service members. ######
(ii)Specialty care consultations for recovering service members. ######
(iii)Preparation of medical documents for recovering service members. ######
(iv)Appeals by recovering service members of medical evaluation determinations, including determinations of fitness for duty. #####
(D)Procedures for ensuring that— ######
(i)upon request of a recovering service member being considered by a medical evaluation board, a physician or other appropriate health care professional who is independent of the medical evaluation board is assigned to the service member; and ######
(ii)the physician or other health care professional assigned to a recovering service member under clause (i)— ######
(I)serves as an independent source for review of the findings and recommendations of the medical evaluation board; ######
(II)provides the service member with advice and counsel regarding the findings and recommendations of the medical evaluation board; and ######
(III)advises the service member on whether the findings of the medical evaluation board adequately reflect the complete spectrum of injuries and illness of the service member. #####
(E)Standards for qualifications and training of medical evaluation board personnel, including physicians, case workers, and physical disability evaluation board liaison officers, in conducting medical evaluations of recovering service members. #####
(F)Standards for the maximum number of medical evaluation cases of recovering service members that are pending before a medical evaluation board at any one time, and requirements for the establishment of additional medical evaluation boards in the event such number is exceeded. #####
(G)Standards for information for recovering service members, and their families, on the medical evaluation board process and the rights and responsibilities of recovering service members under that process, including a standard handbook on such information (which handbook shall also be available electronically). ###
(b)Physical Disability Evaluations of Recovering Service Members ####
(1)In general Not later than July 1, 2008, the Secretary of Defense and the Secretary of Veterans Affairs shall develop a policy on improvements to the processes, procedures, and standards for the conduct of physical disability evaluations of recovering service members by the military departments and by the Department of Veterans Affairs. ####
(2)Elements The policy on improvements to processes, procedures, and standards required under this subsection shall include and address the following: #####
(A)A clearly-defined process of the Department of Defense and the Department of Veterans Affairs for disability determinations of recovering service members. #####
(B)To the extent feasible, procedures to eliminate unacceptable discrepancies and improve consistency among disability ratings assigned by the military departments and the Department of Veterans Affairs, particularly in the disability evaluation of recovering service members, which procedures shall be subject to the following requirements and limitations: ######
(i)Such procedures shall apply uniformly with respect to recovering service members who are members of the regular components of the Armed Forces and recovering service members who are members of the National Guard and Reserve. ######
(ii)Under such procedures, each Secretary of a military department shall, to the extent feasible, utilize the standard schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of such schedule by the United States Court of Appeals for Veterans Claims, in making any determination of disability of a recovering service member, except as otherwise authorized by section 1216a of title 10, United States Code (as added by section 1642 of this Act). #####
(C)Uniform timelines among the military departments for appeals of determinations of disability of recovering service members, including timelines for presentation, consideration, and disposition of appeals. #####
(D)Uniform standards among the military departments for qualifications and training of physical disability evaluation board personnel, including physical evaluation board liaison personnel, in conducting physical disability evaluations of recovering service members. #####
(E)Uniform standards among the military departments for the maximum number of physical disability evaluation cases of recovering service members that are pending before a physical disability evaluation board at any one time, and requirements for the establishment of additional physical disability evaluation boards in the event such number is exceeded. #####
(F)Uniform standards and procedures among the military departments for the provision of legal counsel to recovering service members while undergoing evaluation by a physical disability evaluation board. #####
(G)Uniform standards among the military departments on the roles and responsibilities of non-medical care managers under section 1611(e)(4) and judge advocates assigned to recovering service members undergoing evaluation by a physical disability board, and uniform standards on the maximum number of cases involving such service members that are to be assigned to judge advocates at any one time. ###
(c)Assessment of Consolidation of Department of Defense and Department of Veterans Affairs Disability Evaluation Systems ####
(1)In general The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the feasability and advisability of consolidating the disability evaluation systems of the military departments and the disability evaluation system of the Department of Veterans Affairs into a single disability evaluation system. The report shall be submitted together with the report required by section 1611(a). ####
(2)Elements The report required by paragraph
(1)shall include the following: #####
(A)An assessment of the feasability and advisability of consolidating the disability evaluation systems described in paragraph
(1)as specified in that paragraph. #####
(B)If the consolidation of the systems is considered feasible and advisable— ######
(i)recommendations for various options for consolidating the systems as specified in paragraph (1); and ######
(ii)recommendations for mechanisms to evaluate and assess any progress made in consolidating the systems as specified in that paragraph.
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Sec. 1612
MEDICAL EVALUATIONS AND PHYSICAL DISABILITY EVALUATIONS OF RECOVERING SERVICE MEMBERS
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