II 

113TH CONGRESS 

1ST SESSION S. 819 

To amend title 38, United States Code, to require a program of mental 

health care and rehabilitation for veterans for service-related post-traumatic stress disorder, depression, anxiety disorder, or a related substance 

use disorder, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2013 

Mr. BURR introduced the following bill; which was read twice and referred to 

the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to require a program 

of mental health care and rehabilitation for veterans 

for service-related post-traumatic stress disorder, depression, anxiety disorder, or a related substance use disorder, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Mental 

5 Health Treatment First Act of 2013’’. 


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1 SEC. 2. MENTAL HEATH CARE AND REHABILITATION FOR 

2 VETERANS FOR SERVICE-RELATED POST3 TRAUMATIC STRESS DISORDER, DEPRES4 SION, ANXIETY DISORDER, OR RELATED SUB5 STANCE USE DISORDER. 

6 (a) IN GENERAL.—Subchapter II of chapter 17 of 

7 title 38, United States Code, is amended by inserting after 

8 section 1712B the following new section: 

9 ‘‘§ 1712C. Mental health care and rehabilitation for 

10 service-related post-traumatic stress dis11 order, depression, anxiety disorder, or re12 lated substance use disorder 

13 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

14 program of mental health care and rehabilitation for vet15 erans who— 

16 ‘‘(1) have been discharged or released from 

17 service in the active military, naval, or air service 

18 under conditions other than dishonorable for a pe19 riod of not more than two years; 

20 ‘‘(2) are enrolled in the system of annual pa21 tient enrollment established and operated by the 

22 Secretary under section 1705 of this title and have 

23 been so enrolled since before the date of the enact24 ment of the Veterans Mental Health Treatment 

25 First Act of 2013; 


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1 ‘‘(3) are diagnosed by a physician of the De2 partment with post-traumatic stress disorder, de3 pression, anxiety disorder, or substance use disorder 

4 related to post-traumatic stress disorder, depression, 

5 or anxiety disorder that is service-related (as deter6 mined in accordance with subsection (b)); and 

7 ‘‘(4) agree to the conditions of participation ap8 plicable to such veterans set forth in subsection (c). 

9 ‘‘(b) TREATMENT OF CONDITIONS AS SERVICE-RE10 LATED.—(1) A condition of a veteran described in sub11 section (a)(3) shall be treated as service-related for pur12 poses of this section if— 

13 ‘‘(A) the condition has previously been adju14 dicated by the Secretary to be service-connected; or 

15 ‘‘(B) the condition is judged by the physician of 

16 the Department making the diagnosis for the vet17 eran as described in subsection (a)(3) to be plausibly 

18 related to the service of the veteran in the active 

19 military, naval, or air service. 

20 ‘‘(2) The Secretary shall prescribe in regulations the 

21 standards to be utilized by physicians of the Department 

22 in judging under paragraph (1)(B) whether or not a condi23 tion of a veteran described in subsection (a)(3) is plausibly 

24 related to the service of the veteran in the active military, 

25 naval, or air service. 


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1 ‘‘(c) CONDITIONS OF PARTICIPATION.—(1) As condi2 tions for participation in the program under this section, 

3 a veteran seeking mental health care and rehabilitation 

4 under the program for a condition described in subsection 

5 (a)(3) who has not yet filed a claim for disability under 

6 this title for such condition shall agree as follows: 

7 ‘‘(A) To comply substantially with the treat8 ment regimen and rehabilitation plan prescribed 

9 under subsection (d) for the veteran. 

10 ‘‘(B) Not to submit a claim for disability com11 pensation under chapter 11 of this title for post12 traumatic stress disorder, depression, anxiety dis13 order, or a related substance use disorder until the 

14 earlier of— 

15 ‘‘(i) the end of the one-year period begin16 ning on the date of the commencement of the 

17 program by the veteran; or 

18 ‘‘(ii) the conclusion of the treatment regi19 men and rehabilitation plan prescribed under 

20 subsection (d) for the veteran. 

21 ‘‘(2) As conditions for participation in the program 

22 under this section, a veteran seeking mental health care 

23 and rehabilitation under the program for a condition de24 scribed in subsection (a)(3) who has filed a claim for dis25 ability under this title for such condition that has not been 


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1 adjudicated by the Secretary at the time of the diagnosis 

2 of the veteran described in subsection (a)(3)— 

3 ‘‘(A) shall agree to comply substantially with 

4 the treatment regimen and rehabilitation plan pre5 scribed under subsection (d) for the veteran; and 

6 ‘‘(B) may agree, at the election of the veteran, 

7 to the suspension by the Secretary of adjudication of 

8 such claim until completion by the veteran of the 

9 treatment regimen and rehabilitation plan. 

10 ‘‘(3) As conditions for participation in the program 

11 under this section, a veteran seeking mental health care 

12 and rehabilitation under the program for one or more con13 ditions described in subsection (a)(3) that have been deter14 mined by the Secretary to be service-connected shall agree 

15 as follows: 

16 ‘‘(A) To comply substantially with the treat17 ment regimen and rehabilitation plan prescribed 

18 under subsection (d) for the veteran. 

19 ‘‘(B) Not to submit a claim for an increase in 

20 disability compensation under chapter 11 of this title 

21 for or based on such condition or conditions until 

22 the earlier of— 

23 ‘‘(i) the end of the one-year period begin24 ning on the date of the commencement of the 

25 program by the veteran; or 


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1 ‘‘(ii) the completion of the treatment regi2 men and rehabilitation plan prescribed under 

3 subsection (d) for the veteran. 

4 ‘‘(d) TREATMENT REGIMEN AND REHABILITATION

5 PLAN.—(1) The Secretary shall provide for each veteran 

6 who participates in the program under this section a treat7 ment regimen and rehabilitation plan for the post-trau8 matic stress disorder, depression, anxiety disorder, or re9 lated substance use disorder of such veteran as described 

10 in subsection (a)(3). The treatment regimen and rehabili11 tation plan shall be devised by appropriate clinicians and 

12 other appropriate personnel of the Department assigned 

13 for that purpose. 

14 ‘‘(2) The treatment regimen and rehabilitation plan 

15 for a veteran under this subsection shall include such men16 tal health care and rehabilitation as the clinicians and 

17 other personnel concerned consider appropriate for the re18 mediation of the condition or conditions of the veteran cov19 ered by the plan. 

20 ‘‘(3) The duration of each treatment regimen and re21 habilitation plan under this subsection shall be such period 

22 as the clinician concerned considers appropriate. 

23 ‘‘(e) WELLNESS STIPENDS.—(1) Subject to para24 graph (4), each veteran covered by subsection (c)(1) who 


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1 participates in the program under this section shall be 

2 paid a stipend as follows: 

3 ‘‘(A) $2,000 payable upon commencement of 

4 the treatment regimen and rehabilitation plan pro5 vided under subsection (d) for such veteran. 

6 ‘‘(B) $1,500 payable every 90 days thereafter 

7 upon certification by the clinician treating such vet8 eran under the program that such veteran is in sub9 stantial compliance with such treatment regimen and 

10 rehabilitation plan, except that the total amount 

11 payable to such veteran under this subparagraph 

12 may not exceed $6,000. 

13 ‘‘(C) $3,000 payable at the earlier of— 

14 ‘‘(i) the date of the conclusion of such 

15 treatment regimen and rehabilitation plan; or 

16 ‘‘(ii) one year after the date of the com17 mencement of such treatment regimen and re18 habilitation plan by such veteran. 

19 ‘‘(2) Subject to paragraph (4), each veteran covered 

20 by subsection (c)(2) who participates in the program 

21 under this section shall be paid a stipend as follows: 

22 ‘‘(A) If such veteran agrees as provided in sub23 paragraph (B) of subsection (c)(2), the stipend pay24 able under paragraph (1). 


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1 ‘‘(B) If such veteran does not agree as provided 

2 in subparagraph (B) of subsection (c)(2), the sti3 pend payable under paragraph (3). 

4 ‘‘(3) Subject to paragraph (4), each veteran covered 

5 by subsection (c)(3) who participates in the program 

6 under this section shall be paid a stipend as follows: 

7 ‘‘(A) $667 payable upon commencement of the 

8 treatment regimen and rehabilitation plan provided 

9 under subsection (d) for such veteran. 

10 ‘‘(B) $500 payable every 90 days thereafter 

11 upon certification by the clinician treating such vet12 eran under the program that such veteran is in sub13 stantial compliance with such treatment regimen and 

14 rehabilitation plan, except that the total amount 

15 payable to such veteran under this subparagraph 

16 may not exceed $2,000. 

17 ‘‘(C) $1,000 payable at the earlier of— 

18 ‘‘(i) the date of the conclusion of such 

19 treatment regimen and rehabilitation plan; or 

20 ‘‘(ii) one year after the date of the com21 mencement of such treatment regimen and re22 habilitation plan by such veteran. 

23 ‘‘(4) In the event a veteran is determined by the Sec24 retary to have failed to comply with any condition agreed 

25 to by the veteran under subsection (c), payment to the 


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1 veteran of any stipend otherwise authorized to be payable 

2 under this subsection shall cease. 

3 ‘‘(f) LIMITATION ON PARTICIPATION.—(1) Except as 

4 provided in paragraph (2), a veteran may participate only 

5 once in the program under this section. 

6 ‘‘(2) A veteran may participate more than once in the 

7 program under this section if the Secretary determines 

8 that such additional participation in the program will as9 sist the veteran in achieving the remediation of the condi10 tion or conditions addressed by participation in the pro11 gram. 

12 ‘‘(3) The total amount of stipend payable under sub13 section (e) to a veteran covered by paragraph (2) may not 

14 exceed $11,000.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of chapter 17 of such title is amended 

17 by inserting after the item relating to section 1712B the 

18 following new item: 

‘‘1712C. Mental health care and rehabilitation for service-related post-traumatic 

stress disorder, depression, anxiety disorder, or related substance use disorder.’’. 

Æ 


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