[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 671 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 671
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2013
Ms. Pingree of Maine (for herself, Mr. Michaud, Ms. Tsongas, Mr. Larsen
of Washington, Mr. McGovern, Mrs. Capps, Mr. Grijalva, Mr. Rush, Mr.
Honda, Mr. Lewis, Ms. Brownley of California, and Ms. Shea-Porter)
introduced the following bill; which was referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ruth Moore Act of 2013''.
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:
``(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.
``(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.
``(3) In this subsection:
``(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.
``(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.''.
(b) Annual Reports.--
(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. 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.
``(b) Elements.--Each report under subsection (a) shall include the
following:
``(1) The number of covered claims submitted to or
considered by the Secretary during the fiscal year covered by
the report.
``(2) Of the covered claims listed under paragraph (1), the
number and percentage of such claims--
``(A) submitted by each sex;
``(B) that were approved, including the number and
percentage of such approved claims submitted by each
sex; and
``(C) that were denied, including the number and
percentage of such denied claims submitted by each sex.
``(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.
``(4) Of the covered claims listed under paragraph (1) that
were denied--
``(A) the three most common reasons given by the
Secretary under section 5104(b)(1) of this title for
such denials; and
``(B) the number of denials that were based on the
failure of a veteran to report for a medical
examination.
``(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.
``(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.
``(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.
``(c) Definitions.--In this section:
``(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.
``(2) The term `covered mental health condition' has the
meaning given that term in subparagraph (A) of section
1154(c)(3) of this title.
``(3) The term `military sexual trauma' has the meaning
given that term in subparagraph (B) of such section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1164. Annual reports on claims for disabilities incurred or
aggravated by military sexual trauma.''.
(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.
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