38 U.S.C. § 1166: Claims involving military sexual trauma

The Secretary shall establish specialized teams to process claims for compensation for a covered mental health condition based on military sexual trauma experienced by a veteran during active military, naval, air, or space service. shall not be responsible for providing any assistance to a veteran regarding a claim described in paragraph (1), other than counseling services, guidance, and support, pursuant to duties determined by the Under Secretary for Health; and shall not participate in the adjudication of such a claim. The Secretary shall include, in forms for claims described in subsection (a), an option for a veteran to elect to be referred to a military sexual trauma coordinator of the Veterans Health Administration at the facility of the Department nearest to the residence of such veteran. The Secretary shall ensure that members of teams established under subsection (a) are trained to identify markers indicating military sexual trauma. The Secretary shall ensure that peer support specialists of the Department receive annual training on how to provide peer support regarding military sexual trauma. Military sexual trauma coordinators of the Veterans Health Administration. Peer support specialists of the Department. 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. The term “military sexual trauma” means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment during active military, naval, air, or space service. “This Act may be cited as the ‘MST Claims Coordination Act’. outreach letters; information on the Veterans Crisis Line; information on how to make an appointment with a mental health provider; and other information on available resources relating to military sexual trauma (including information on military sexual trauma coordinators of the Veterans Health Administration, mental health providers trained in military sexual trauma issues, and peer support specialists). Materials described in paragraph (1) may be provided electronically. participates in any covered event; or receives any covered document. 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 ]. The term ‘compensation’ has the meaning given that term in section 101 of title 38 , United States Code. 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. a medical examination under section 5103A of title 38 , United States Code; a hearing before the Board of Veterans’ Appeals under section 7107 of such title; and any other event determined relevant by the Secretary of Veterans Affairs. 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). The term ‘military sexual trauma’ has the meaning given that term in section 1166 of title 38 , United States Code. The term ‘Veterans Crisis Line’ means the toll-free hotline for veterans established under section 1720F(h) of title 38 , United States Code.” the letters use trauma-informed language; and veterans are not re-traumatized through insensitive language. The Secretary shall carry out paragraph (1) in consultation with veterans service organizations and other stakeholders as the Secretary determines appropriate. 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. The term ‘compensation’ has the meaning given that term in section 101 of title 38 , United States Code. 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. The term ‘covered claim’ means a claim for compensation based on military sexual trauma experienced by a veteran. The term ‘military sexual trauma’ has the meaning given that term in section 1166 of title 38 , United States Code. 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; 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 ensures that the language or practices do not retraumatize the individual.”