S 294 ISCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 294CommentsClose CommentsPermalink

To amend title 38, United States Code, to improve the disability compensation evaluation procedure of the Secretary of Veterans Affairs for veterans with mental health conditions related to military sexual trauma, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 13, 2013CommentsClose CommentsPermalink

Mr. TESTER (for himself, Mr. BAUCUS, Mr. BEGICH, Mr. BLUMENTHAL, Mrs. GILLIBRAND, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Veterans’ AffairsCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend title 38, United States Code, to improve the disability compensation evaluation procedure of the Secretary of Veterans Affairs for veterans with mental health conditions related to military sexual trauma, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Ruth Moore Act of 2013’.CommentsClose CommentsPermalink

SEC. 2. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL HEALTH CONDITIONS RELATED TO MILITARY SEXUAL TRAUMA.

(a) Standard of Proof- Section 1154 of title 38, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c)(1) In the case of any veteran who claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active military, naval, or air service, the Secretary shall accept as sufficient proof of service-connection a diagnosis of such mental health condition by a mental health professional together with satisfactory lay or other evidence of such trauma and an opinion by the mental health professional that such covered mental health condition is related to such military sexual trauma, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such covered mental health condition may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full.CommentsClose CommentsPermalink





‘(2) For purposes of this subsection, in the absence of clear and convincing evidence to the contrary, and provided that the claimed military sexual trauma is consistent with the circumstances, conditions, or hardships of the veteran’s service, the veteran’s lay testimony alone may establish the occurrence of the claimed military sexual trauma.CommentsClose CommentsPermalink





‘(3) In this subsection:CommentsClose CommentsPermalink





‘(A) 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.CommentsClose CommentsPermalink





‘(B) The term ‘military sexual trauma’ means, with respect to a veteran, psychological trauma, which in the judgment of a mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred during active military, naval, or air service.’.CommentsClose CommentsPermalink





(b) Annual Reports-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink

‘Sec. 1164. Reports on claims for disabilities incurred or aggravated by military sexual trauma

‘(a) Reports- Not later than December 1, 2014, and each year thereafter through 2018, the Secretary shall submit to Congress a report on covered claims submitted during the previous fiscal year.CommentsClose CommentsPermalink





‘(b) Elements- Each report under subsection (a) shall include the following:CommentsClose CommentsPermalink





‘(1) The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report.CommentsClose CommentsPermalink





‘(2) Of the covered claims listed under paragraph (1), the number and percentage of such claims--CommentsClose CommentsPermalink





‘(A) submitted by each sex;CommentsClose CommentsPermalink





‘(B) that were approved, including the number and percentage of such approved claims submitted by each sex; andCommentsClose CommentsPermalink





‘(C) that were denied, including the number and percentage of such denied claims submitted by each sex.CommentsClose CommentsPermalink





‘(3) Of the covered claims listed under paragraph (1) that were approved, the number and percentage, listed by each sex, of claims assigned to each rating percentage.CommentsClose CommentsPermalink





‘(4) Of the covered claims listed under paragraph (1) that were denied--CommentsClose CommentsPermalink





‘(A) the three most common reasons given by the Secretary under section 5104(b)(1) of this title for such denials; andCommentsClose CommentsPermalink





‘(B) the number of denials that were based on the failure of a veteran to report for a medical examination.CommentsClose CommentsPermalink





‘(5) 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.CommentsClose CommentsPermalink





‘(6) 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.CommentsClose CommentsPermalink





‘(7) A description of the training that the Secretary provides to employees of the Veterans Benefits Administration specifically with respect to covered claims, including the frequency, length, and content of such training.CommentsClose CommentsPermalink





‘(c) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) 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.CommentsClose CommentsPermalink





‘(2) The term ‘covered mental health condition’ has the meaning given that term in subparagraph (A) of section 1154(c)(3) of this title.CommentsClose CommentsPermalink





‘(3) The term ‘military sexual trauma’ has the meaning given that term in subparagraph (B) of such section.’.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘1164. Annual reports on claims for disabilities incurred or aggravated by military sexual trauma.’.CommentsClose CommentsPermalink





(c) Effective Date- Subsection (c) of section 1154 of title 38, United States Code, as added by subsection (a), shall apply with respect to any claim for disability compensation under laws administered by the Secretary of Veterans Affairs for which no final decision has been made before the date of the enactment of this Act.CommentsClose CommentsPermalink