Sec. 5501. EVALUATION OF SERVICE-CONNECTION OF MENTAL HEALTH CONDITIONS RELATING TO MILITARY SEXUAL TRAUMA
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## SEC. 5501 EVALUATION OF SERVICE-CONNECTION OF MENTAL HEALTH CONDITIONS RELATING TO MILITARY SEXUAL TRAUMA ###
(a)Specialized Teams to Evaluate Claims Involving Military Sexual Trauma ####
(1)In general subchapter VI of chapter 11 of title 38, United States Code is amended by adding at the end the following new section: > > ## “SEC. 1164 Specialized teams to evaluate claims involving military sexual trauma > > **[**[38 U.S.C. 1164](/us/usc/t38/s1164)**]** > > > ### “(a) In General > > The Secretary shall establish specialized teams to process claims for compensation for a covered mental health condition based on military sexual trauma experienced by a veteran during active military, naval, or air service. > > > ### “(b) Training > > The Secretary shall ensure that members of teams established under subsection
(a)are trained to identify markers indicating military sexual trauma. > > > ### “(c) Definitions > > In this section: > > > #### “(1) > > The term ‘covered mental health condition’ means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma. > > > #### “(2) > > The term ‘military sexual trauma’ means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment during active military, naval, or air service.” > . ####
(2)Clerical amendment **[**[38 U.S.C. 1101](/us/usc/t38/s1101)**]** The table of sections at the beginning of such chapter is amended by adding at the end the following new item:" “1164. Specialized teams to evaluate claims involving military sexual trauma.” ". ###
(b)Annual Reports on Claims for Disabilities Incurred or Aggravated by Military Sexual Trauma ####
(1)Reports required Not later than March 1, 2021, and not less frequently than once each year thereafter through 2027, the Secretary of Veterans Affairs shall submit to Congress a report on covered claims submitted during the previous fiscal year to identify and track the consistency of decisions across regional offices of the Department of Veterans Affairs. ####
(2)Elements Each report under paragraph
(1)shall include the following: #####
(A)The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report. #####
(B)Of the covered claims listed under subparagraph (A), the number and percentage of such claims— ######
(i)submitted by each sex; ######
(ii)that were approved, including the number and percentage of such approved claims submitted by each sex; ######
(iii)that were denied, including the number and percentage of such denied claims submitted by each sex; and ######
(iv)that were developed and reviewed by a specialized team established under section 1166(a) of title 38, United States Code, as added by subsection (a). #####
(C)Of the covered claims listed under subparagraph
(A)that were approved, the number and percentage, disaggregated by sex, of claims assigned to each rating percentage. #####
(D)Of the covered claims listed under subparagraph
(A)that were denied— ######
(i)the three most common reasons given by the Secretary under section 5104(b)(1) of title 38, United States Code, for such denials; and ######
(ii)the number of denials that were based on the failure of a veteran to report for a medical examination. #####
(E)The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal. #####
(F)For the fiscal year covered by the report, the average number of days that covered claims take to complete, beginning on the date on which the claim is submitted. #####
(G)A description of the training that the Secretary provides to employees of the Veterans Benefits Administration, or such contractors or other individuals as the Secretary considers appropriate, specifically with respect to covered claims, including the frequency, length, and content of such training. #####
(H)Whether all covered claims are subject to second level review until the individual rater of the Veterans Benefits Administration adjudicating such covered claims achieves an accuracy rate of 90 percent on decisions of such covered claims. ####
(3)Definitions In this subsection: #####
(A)Covered claims The term “covered claims” means claims for disability compensation submitted to the Secretary based on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma. #####
(B)Covered mental health condition The term “covered mental health condition” has the meaning given such term in section 1166(c) of title 38, United States Code. #####
(C)Military sexual trauma The term “military sexual trauma” has the meaning given such term in such section.
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Sec. 5501
EVALUATION OF SERVICE-CONNECTION OF MENTAL HEALTH CONDITIONS RELATING TO MILITARY SEXUAL TRAUMA
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