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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1582 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1582

 To require the Secretary of Veterans Affairs to submit reports on the 
provision of services by the Department of Veterans Affairs to veterans 
 with hearing loss and other auditory system injuries and the measures 
that can be taken jointly by the Department of Veterans Affairs and the 
 Department of Defense with respect to hearing loss and other auditory 
                system injuries, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 28, 2013

  Mr. Sanders introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To require the Secretary of Veterans Affairs to submit reports on the 
provision of services by the Department of Veterans Affairs to veterans 
 with hearing loss and other auditory system injuries and the measures 
that can be taken jointly by the Department of Veterans Affairs and the 
 Department of Defense with respect to hearing loss and other auditory 
                system injuries, 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 ``Improved Compensation for Hearing 
Loss Act of 2013''.

SEC. 2. REPORT ON PRACTICES OF THE DEPARTMENT OF VETERANS AFFAIRS TO 
              ADEQUATELY PROVIDE SERVICES TO VETERANS WITH HEARING 
              LOSS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives a report on the 
actions taken by the Secretary to implement the findings and 
recommendations included in the 2006 report by the Institute of 
Medicine of the National Academies entitled ``Noise and Military 
Service: Implications for Hearing Loss and Tinnitus'' that was prepared 
pursuant to section 104 of the Veterans Benefits Act of 2002 (Public 
Law 107-330; 116 Stat. 2822).
    (b) Effect of Duty Military Occupational Specialty Noise Exposure 
Listing on Receipt of Benefits by Veterans.--
            (1) In general.--The Secretary shall include in the report 
        required by subsection (a) an evaluation of the extent to which 
        veterans who had a military occupational specialty during 
        service as a member of the Armed Forces that is not included on 
        the Duty Military Occupational Specialty Noise Exposure Listing 
        (in this subsection referred to as the ``MOS List'') are 
        precluded from receiving benefits related to hearing loss from 
        the Department of Veterans Affairs.
            (2) Data.--The Secretary shall include in the evaluation 
        required by paragraph (1) the following:
                    (A) With respect to veterans who had a military 
                occupational specialty included on the MOS List--
                            (i) the number of claims for benefits 
                        related to hearing loss from the Department of 
                        Veterans Affairs that were granted; and
                            (ii) the number of claims for benefits 
                        related to hearing loss from the Department 
                        that were denied.
                    (B) With respect to veterans who had a military 
                occupational specialty not included on the MOS List--
                            (i) the number of claims for benefits 
                        related to hearing loss from the Department 
                        that were granted;
                            (ii) the number of claims for benefits 
                        related to hearing loss from the Department 
                        that were denied;
                            (iii) of the number of denied claims under 
                        clause (ii), the number of those claims that 
                        were appealed; and
                            (iv) of the number of appealed claims under 
                        clause (iii), the number of those appealed 
                        claims that were successfully appealed.
    (c) Additional Matters.--The Secretary shall include in the report 
required by subsection (a) the following:
            (1) In the case of a veteran with unilateral hearing loss, 
        an explanation of the scientific basis for the practice of the 
        Department of determining a disability rating level with 
        respect to hearing based on an examination of that veteran's 
        healthy ear instead of the injured ear.
            (2) An analysis of the reduction in earning capacity for 
        veterans as a result of unilateral hearing loss, with a focus 
        on the ability of those veterans--
                    (A) to detect the direction of sound; and
                    (B) to understand speech.
            (3) An explanation of the rationale for the practice of the 
        Department of not issuing a compensable rating for hearing loss 
        at certain levels that are severe enough to require the use of 
        hearing aids.
            (4) A survey of the audiologists that conduct compensation 
        and pension examinations for the Department to assess the 
        implementation of the most recent edition of the best practices 
        manual for hearing loss and tinnitus examinations that includes 
        the following:
                    (A) A description of the training received by those 
                audiologists compared to the methods described in the 
                most recent edition of the best practices manual for 
                hearing loss and tinnitus examinations.
                    (B) An assessment of how those audiologists have 
                complied with that training.
                    (C) Whether those audiologists are using a range of 
                tones up to 8000 hertz to test the hearing of veterans.

SEC. 3. REPORT ON JOINT PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS AND 
              DEPARTMENT OF DEFENSE WITH RESPECT TO HEARING LOSS OF 
              MEMBERS OF THE ARMED FORCES AND VETERANS.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Veterans Affairs shall, in consultation with the 
Secretary of Defense, submit to Congress a report that identifies the 
following:
            (1) Goals for the Department of Veterans Affairs and the 
        Department of Defense for the prevention, early detection, and 
        treatment of hearing loss by the National Center for 
        Rehabilitative Auditory Research of the Department of Veterans 
        Affairs and the Hearing Center of Excellence of the Department 
        of Defense.
            (2) Resources of the Department of Veterans Affairs that 
        could be made available to assist the Department of Defense in 
        conducting audiometric tests and tinnitus screenings for 
        members of the Armed Forces.
            (3) Barriers to information being added to the Hearing Loss 
        and Auditory System Injury Registry required under section 
        721(c)(1) of the Duncan Hunter National Defense Authorization 
        Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4506).
            (4) Recommendations for any legislative or administrative 
        actions necessary with respect to the Hearing Loss and Auditory 
        System Injury Registry--
                    (A) to assist in achieving the goals specified in 
                paragraph (1);
                    (B) to improve the adjudication of claims for 
                benefits with respect to hearing loss; and
                    (C) to further the research objectives of the 
                National Center for Rehabilitative Auditory Research of 
                the Department of Veterans Affairs and the Hearing 
                Center of Excellence of the Department of Defense.
                                 <all>
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