Amendments
2022—Pub. L. 117–271, § 1(b)(1), substituted “Claims” for “Specialized teams to evaluate claims” in section catchline.
Subsec. (a). Pub. L. 117–271, § 1(a)(2)(B), (C), designated existing provisions as par. (1) and added par. (2).
Pub. L. 117–271, § 1(a)(1), (2)(A), substituted “Processing” for “In General” in heading and “air, or space service” for “or air service” in text.
Subsec. (b). Pub. L. 117–271, § 1(a)(4), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 117–271, § 1(a)(5), designated existing provisions as par. (1) and added pars. (2) and (3).
Pub. L. 117–271, § 1(a)(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(2). Pub. L. 117–271, § 1(a)(1), substituted “air, or space service” for “or air service”.
Subsec. (d). Pub. L. 117–271, § 1(a)(3), redesignated subsec. (c) as (d).
2021—Pub. L. 117–16, § 7(b)(4)(A), made technical correction to directory language of Pub. L. 116–315, § 5501(a)(1), which enacted this section.
Pub. L. 117–16, § 7(a)(1), renumbered section 1164 of this title, relating to specialized teams to evaluate claims involving military sexual trauma, as this section.
Military Sexual Trauma Claims Coordination
Pub. L. 117–303, Dec. 27, 2022, 136 Stat. 4387, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘MST Claims Coordination Act’.
“SEC. 2. VETERANS HEALTH ADMINISTRATION AND VETERANS BENEFITS ADMINISTRATION COORDINATION FOR CERTAIN CLAIMS ARISING FROM MILITARY SEXUAL TRAUMA.
“(a) Coordinated Provision of Materials.—
“(1) Required materials.—During or immediately after each covered event, and together with each covered document, in a claim for compensation arising from military sexual trauma experienced by a covered individual, the Under Secretary for Benefits of the Veterans Benefits Administration, in coordination with the Under Secretary for Health of the Veterans Health Administration, shall provide, to the covered individual—
“(B)
information on the
Veterans Crisis Line;
“(C)
information on how to make an appointment with a mental health provider; and
“(2) Format of materials.—
Materials described in paragraph (1) may be provided electronically.
“(b) Automatic Notification System.—In a claim for compensation arising from military sexual trauma experienced by a veteran, if the veteran is enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, and consents to the notification system under this subsection, the Under Secretary for Benefits shall automatically notify the Under Secretary for Health shortly before the veteran—
“(1)
participates in any covered event; or
“(2)
receives any covered document.
“(c) Implementation Deadline.—
The Secretary of Veterans Affairs shall implement this Act not later than 18 months after the date of the enactment of this Act [Dec. 27, 2022].
“(d) Definitions.—In this section:
“(2)
The term ‘covered document’ means a determination (including a rating determination) that the Secretary of Veterans Affairs provides to the claimant in connection with a claim for compensation.
“(3) The term ‘covered event’ includes, with respect to a claim for compensation—
“(B)
a hearing before the Board of
Veterans’ Appeals under section 7107 of such title; and
“(C)
any other event determined relevant by the Secretary of Veterans Affairs.
“(4)
The term ‘covered individual’ means a former member of the Armed Forces (as that term is defined in
section 1720D of title 38, United States Code) who elects to receive materials under subsection (a).
Review of Language and Practices Used in Connection With Claims Involving Military Sexual Trauma
Pub. L. 117–300, § 2, Dec. 27, 2022, 136 Stat. 4379, provided that:
“(a) Board of Veterans’ Appeals.—
“(2) Clerical amendments.—
“(b) Audit and Modification of Denial Letters.—
“(1) Requirement.—The Secretary of Veterans Affairs shall conduct an audit of the language used in letters sent to individuals to explain the decision by the Secretary to deny covered claims. Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2022], the Secretary shall modify the letters to ensure that—
“(A)
the letters use trauma-informed language; and
“(B)
veterans are not re-traumatized through insensitive language.
“(2) Consultation.—
The Secretary shall carry out paragraph (1) in consultation with
veterans service organizations and other stakeholders as the Secretary determines appropriate.
“(c) Examinations.—
The Secretary shall establish protocols for Department of Veterans Affairs medical providers and contract medical providers to ensure that the medical providers conduct examinations regarding covered claims using trauma-informed practices.
“(d) Definitions.—In this section:
“(2)
The term ‘contract medical provider’ means a medical provider who contracts with the Department of Veterans Affairs to provide a medical examination or a medical opinion when such an examination or opinion is necessary to make a decision on a claim under the laws administered by the Secretary of Veterans Affairs.
“(5) The term ‘trauma-informed’ means, with respect to language or practices, using language or carrying out practices in a manner that—
“(A)
is based on a knowledge of the awareness of the prevalence and impact of trauma on the physical, emotional, and mental health of an individual, the behaviors of the individual, and the engagement by the individual to services;
“(B)
is aimed at ensuring environments and services are welcoming and engaging to the individual who receives such services and the staff who provide such services; and
“(C)
ensures that the language or practices do not retraumatize the individual.”
