§ 1644. AUTHORIZATION OF PILOT PROGRAMS TO IMPROVE THE DISABILITY EVALUATION SYSTEM FOR MEMBERS OF THE ARMED FORCES.
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/usc/title-10/section-1644A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Pilot Programs.— Programs authorized .— For the purposes set forth in subsection (c), the Secretary of Defense may establish and conduct pilot programs with respect to the system of the Department of Defense for the evaluation of the disabilities of members of the Armed Forces who are being separated or retired from the Armed Forces for disability under chapter 61 of title 10, United States Code (in this section referred to as the ‘disability evaluation system’). Types of pilot programs .— In carrying out this section, the Secretary of Defense may conduct one or more of the pilot programs described in paragraphs
(1)through
(3)of subsection
(b)or such other pilot programs as the Secretary of Defense considers appropriate. Consultation .— In establishing and conducting any pilot program under this section, the Secretary of Defense shall consult with the Secretary of Veterans Affairs. Scope of Pilot Programs.— Disability determinations by dod utilizing va assigned disability rating .— Under one of the pilot programs authorized by subsection (a), for purposes of making a determination of disability of a member of the Armed Forces under section 1201(b) of title 10 , United States Code, for the retirement, separation, or placement of the member on the temporary disability retired list under chapter 61 of such title, upon a determination by the Secretary of the military department concerned that the member is unfit to perform the duties of the member’s office, grade, rank, or rating because of a physical disability as described in section 1201(a) of such title— the Secretary of Veterans Affairs may— conduct an evaluation of the member for physical disability; and assign the member a rating of disability in accordance with the schedule for rating disabilities utilized by the Secretary of Veterans Affairs based on all medical conditions (whether individually or collectively) that render the member unfit for duty; and the Secretary of the military department concerned may make the determination of disability regarding the member utilizing the rating of disability assigned under subparagraph (A)(ii). Disability determinations utilizing joint dod/va assigned disability rating .— Under one of the pilot programs authorized by subsection (a), in making a determination of disability of a member of the Armed Forces under section 1201(b) of title 10 , United States Code, for the retirement, separation, or placement of the member on the temporary disability retired list under chapter 61 of such title, the Secretary of the military department concerned may, upon determining that the member is unfit to perform the duties of the member’s office, grade, rank, or rating because of a physical disability as described in section 1201(a) of such title— provide for the joint evaluation of the member for disability by the Secretary of the military department concerned and the Secretary of Veterans Affairs, including the assignment of a rating of disability for the member in accordance with the schedule for rating disabilities utilized by the Secretary of Veterans Affairs based on all medical conditions (whether individually or collectively) that render the member unfit for duty; and make the determination of disability regarding the member utilizing the rating of disability assigned under subparagraph (A). Electronic clearing house .— Under one of the pilot programs authorized by subsection (a), the Secretary of Defense may establish and operate a single Internet website for the disability evaluation system of the Department of Defense that enables participating members of the Armed Forces to fully utilize such system through the Internet, with such Internet website to include the following: The availability of any forms required for the utilization of the disability evaluation system by members of the Armed Forces under the system. Secure mechanisms for the submission of such forms by members of the Armed Forces under the system, and for the tracking of the acceptance and review of any forms so submitted. Secure mechanisms for advising members of the Armed Forces under the system of any additional information, forms, or other items that are required for the acceptance and review of any forms so submitted. The continuous availability of assistance to members of the Armed Forces under the system (including assistance through the caseworkers assigned to such members of the Armed Forces) in submitting and tracking such forms, including assistance in obtaining information, forms, or other items described by subparagraph (C). Secure mechanisms to request and receive personnel files or other personnel records of members of the Armed Forces under the system that are required for submission under the disability evaluation system, including the capability to track requests for such files or records and to determine the status of such requests and of responses to such requests. Other pilot programs .— The pilot programs authorized by subsection
(a)may also provide for the development, evaluation, and identification of such practices and procedures under the disability evaluation system as the Secretary considers appropriate for purposes set forth in subsection (c). Purposes .— A pilot program established under subsection
(a)may have one or more of the following purposes: To provide for the development, evaluation, and identification of revised and improved practices and procedures under the disability evaluation system in order to— reduce the processing time under the disability evaluation system of members of the Armed Forces who are likely to be retired or separated for disability, and who have not requested continuation on active duty, including, in particular, members who are severely wounded; identify and implement or seek the modification of statutory or administrative policies and requirements applicable to the disability evaluation system that— are unnecessary or contrary to applicable best practices of civilian employers and civilian healthcare systems; or otherwise result in hardship, arbitrary, or inconsistent outcomes for members of the Armed Forces, or unwarranted inefficiencies and delays; eliminate material variations in policies, interpretations, and overall performance standards among the military departments under the disability evaluation system; and determine whether it enhances the capability of the Department of Veterans Affairs to receive and determine claims from members of the Armed Forces for compensation, pension, hospitalization, or other veterans benefits. In conjunction with the findings and recommendations of applicable Presidential and Department of Defense study groups, to provide for the eventual development of revised and improved practices and procedures for the disability evaluation system in order to achieve the objectives set forth in paragraph (1). Utilization of Results in Updates of Comprehensive Policy on Care, Management, and Transition of Recovering Service Members .— The Secretary of Defense and the Secretary of Veterans Affairs, acting jointly, may incorporate responses to any findings and recommendations arising under the pilot programs conducted under subsection
(a)in updating the comprehensive policy on the care and management of covered service members under section 1611(a)(4). Construction With Other Authorities.— In general .— Subject to paragraph (2), in carrying out a pilot program under subsection (a)— the rules and regulations of the Department of Defense and the Department of Veterans Affairs relating to methods of determining fitness or unfitness for duty and disability ratings for members of the Armed Forces shall apply to the pilot program only to the extent provided in the report on the pilot program under subsection (g)(1); and the Secretary of Defense and the Secretary of Veterans Affairs may waive any provision of title 10, 37, or 38, United States Code, relating to methods of determining fitness or unfitness for duty and disability ratings for members of the Armed Forces if the Secretaries determine in writing that the application of such provision would be inconsistent with the purpose of the pilot program. Limitation .— Nothing in paragraph
(1)shall be construed to authorize the waiver of any provision of section 1216a of title 10 , United States Code, as added by section 1642 of this Act. Duration .— Each pilot program conducted under subsection
(a)shall be completed not later than one year after the date of the commencement of such pilot program under that subsection. Reports.— Initial report .— Not later than 90 days after the date of the enactment of this Act [ Jan. 28, 2008 ], the Secretary of Defense shall submit to the appropriate committees of Congress a report on each pilot program that has been commenced as of that date under subsection (a). The report shall include— a description of the scope and objectives of the pilot program; a description of the methodology to be used under the pilot program to ensure rapid identification under such pilot program of revised or improved practices under the disability evaluation system in order to achieve the objectives set forth in subsection (c)(1); and a statement of any provision described in subsection (e)(1)(B) that will not apply to the pilot program by reason of a waiver under that subsection. Interim report .— Not later than 180 days after the date of the submittal of the report required by paragraph
(1)with respect to a pilot program, the Secretary shall submit to the appropriate committees of Congress a report describing the current status of the pilot program. Final report .— Not later than 90 days after the completion of all of the pilot programs conducted under subsection (a), the Secretary shall submit to the appropriate committees of Congress a report setting forth a final evaluation and assessment of the pilot programs. The report shall include such recommendations for legislative or administrative action as the Secretary considers appropriate in light of such pilot programs.