Sec. 2006. PUBLICATION AND ACCEPTANCE OF DISABILITY BENEFIT QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS AFFAIRS
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## SEC. 2006 PUBLICATION AND ACCEPTANCE OF DISABILITY BENEFIT QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS AFFAIRS ###
(a)In General Section 5101 of title 38, United States Code, is amended— ####
(1)by redesignating subsection
(d)as subsection (e); and ####
(2)by inserting after subsection
(c)the following new subsection (d): > > ### “(d) > > > ####
(1)> > The Secretary shall publish in a central location on the internet website of the Department— > > > ##### “(A) > > the disability benefit questionnaire forms of the Department for the submittal of evidence from non-Department medical providers regarding a disability of a claimant, including any form or process that replaces any such disability benefit questionnaire form; and > > > ##### “(B) > > details about the process used by the Department for submittal of evidence described in subparagraph (A). > > > #### “(2) > > Subject to section 6103 of this title, if the Secretary updates a form described in paragraph (1)(A), the Secretary shall— > > > ##### “(A) > > accept the previous version of the form filed by a claimant if— > > > ###### “(i) > > the claimant provided to the non-Department medical provider the previous version of the form before the date on which the updated version of the form was made available; and > > > ###### “(ii) > > the claimant files the previous version of the form during the one-year period following the date the form was completed by the non-Department medical provider; > > > ##### “(B) > > request from the claimant (or from a non-Department medical provider if the claimant has authorized the provider to share health information with the Secretary) any other information that the updated version of the form requires; and > > > ##### “(C) > > apply the laws and regulations required to adjudicate the claim as if the claimant filed the updated version of the form. > > > #### “(3) > > The Secretary may waive any interagency approval process required to approve a modification to a disability benefit questionnaire form if such requirement only applies by reason of the forms being made public.” > . ###
(b)Reports by Inspector General of the Department of Veterans Affairs Not less frequently than once each year through 2023, the Inspector General of the Department of Veterans Affairs shall submit to Congress a report on the findings of the Inspector General with respect to the use of the forms published under section 5101(d)(1) of such title, as added by subsection (a). ###
(c)Initial Form **[**[38 U.S.C. 5101 note](/us/usc/t38/s5101)**]** The Secretary of Veterans Affairs shall begin carrying out section 5101(d)(1) of such title, as added by subsection (a), by publishing, as described in such section, the form described in such section that was in effect on January 1, 2020. ###
(d)Alternate Process **[**[38 U.S.C. 5101 note](/us/usc/t38/s5101)**]** ####
(1)Assessment and report #####
(A)In general Subject to paragraph (2), not later than 180 days after the date of the enactment of this act, the Secretary shall— ######
(i)assess the feasibility and advisability of replacing disability benefit questionnaire forms that are used by non-Department medical providers to submit to the Secretary evidence regarding a disability of a claimant for benefits under laws administered by the Secretary, with another consistent process that considers evidence equally, whether provided by a Department or a non-Department medical provider; and ######
(ii)submit to Congress— ######
(I)a report on the findings of the Secretary with respect to the assessment conducted under clause (i); and ######
(II)if the report submitted under subclause
(I)of this clause includes a finding that replacing the disability benefit questionnaire forms described in clause
(i)as described in such clause is feasible and advisable, a plan to replace such forms as described in such clause. #####
(B)Collaboration required If, in carrying out the assessment required by clause
(i)of subparagraph (A), the Secretary determines that replacing the disability benefit questionnaire forms described in such clause as described in such clause is feasible and advisable, the Secretary shall collaborate with, partner with, and consider the advice of veterans service organizations, and such other stakeholders as the Secretary considers appropriate, on the replacement forms and process for submitting such forms. ####
(2)Requirements The Secretary may only determine under paragraph (1)(A) that replacing the forms described in such paragraph is feasible and advisable if the Secretary certifies that— #####
(A)it is in the best interest of veterans to do so; #####
(B)the replacement process would include all the medical information needed to adjudicate a claim for benefits under laws administered by the Secretary; and #####
(C)the new process will ensure that all medical information provided will be considered equally, whether it is provided by a Department medical provider or a non-Department medical provider. ####
(3)Implementation #####
(A)In general Subject to subparagraph (B), if the Secretary determines under paragraph (1)(A) that replacing the forms as described in such paragraph is feasible and advisable, the Secretary shall, not later than two years after the date on which the Secretary submits the report under paragraph (1)(B)(i)— ######
(i)replace the forms as described in paragraph (1)(A); ######
(ii)publish such replacement pursuant to subparagraph
(A)of section 5101(d)(1), as added by subsection (a)(2); and ######
(iii)update the details under subparagraph
(B)of such section. #####
(B)Reports by inspector general of the department of veterans affairs If the Secretary replaces the forms under subparagraph (A), the Inspector General of the Department of Veterans Affairs shall, not later than one year after the date that the Secretary replaces such forms and not less frequently than once each year thereafter until the date that is three years after the date on which the Secretary replaces such forms, submit to Congress a report on the process that replaced such forms that ascertains whether the process properly protects veterans. ####
(4)Limitation The Secretary may not discontinue the use of the disability benefit questionnaire forms described in paragraph (1)(A) until a replacement form or process is implemented. ###
(e)Rule of Construction **[**[38 U.S.C. 5101 note](/us/usc/t38/s5101)**]** Nothing in this section or section 5101(d) of such title, as added by subsection (a), may be construed to require the Secretary to develop any new information technology system or otherwise require the Secretary to make any significant changes to the internet website of the Department.
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Sec. 2006
PUBLICATION AND ACCEPTANCE OF DISABILITY BENEFIT QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS AFFAIRS
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