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H.R. 2201 · House bill · 119th Congress
This bill expands training requirements and assistance provided by the Department of Veterans Affairs (VA) in relation to claims for covered mental health conditions (e.g., post-traumatic stress disorder) based on military sexual trauma.
Specifically, the bill requires VA employees who process claims for covered mental health conditions based on military sexual trauma to receive annual sensitivity training. Such training must be updated by the VA at least once a year.
The VA must annually report on (1) the training it provides, and (2) any plans to expand and update such training.
In providing assistance with such claims related to military sexual trauma, the VA must obtain the service medical record of the claimant and, if there is not credible supporting evidence of a military sexual trauma in the record, obtain the service personnel record of the claimant.
Additionally, the VA must report to Congress regarding (1) sensitivity training required for health care professionals (including schedulers) who are contracted under a VA pilot program to perform examinations of veterans who make claims related to military sexual trauma, and (2) the VA’s plan to improve such training and ensure veterans are not retraumatized during such an examination.
This Act may be cited as the “Improving VA Training for Military Sexual Trauma Claims Act”.
(a) Training for employees who process such claims.—
(1) In general.— Subsection (c) of section 1166 of title 38, United States Code, is amended—
(A) in paragraph (1), by striking “members of teams established under subsection (a) are trained” and inserting “each employee of the Department who processes such a claim, communicates with a claimant regarding evidence supporting such a claim, or decides such a claim, receives annual sensitivity training and training”; and
(B) by adding at the end the following new paragraphs:
“(4) The Secretary shall ensure that training received by an employee under this subsection is appropriate for how much experience the employee has with such claims.
(5) The Secretary shall update training under this subsection not less than once annually.”.
(2) Report.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding—
(A) training provided under such subsection before such date; and
(B) plans of the Secretary to carry out the amendments made by paragraph (1).
(b) Expansion of duty to assist in obtaining records for a compensation claim.— Section 5103A(c) of title 38, United States Code, is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting, after paragraph (1), the following new paragraph (2):
“(2) In the case of a claim under section 1166 of this title, the assistance provided by the Secretary under this section shall include obtaining—
(A) the service personnel record of the claimant; and
(B) the service medical record of the claimant.”.
(c) Sensitivity training for certain contracted health care professionals: report; improvements.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on—
(1) sensitivity training required for health care professionals and individuals who communicate with veterans to schedule examinations, contracted under section 504 of the Veterans’ Benefits Improvements Act of 1996 (Public Law 104–275; 38 U.S.C. 5101 note), to perform examinations of veterans who make claims under section 1166 of title 38, United States Code; and
(2) the plan of the Secretary to—
(A) improve such sensitivity training; and
(B) ensure that a veteran who makes such a claim is not retraumatized during such an examination by such a contracted health care professional.