H. R. 6961 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty-two 

An Act 

To amend title 38, United States Code, to improve hearings before the Board 

of Veterans’ Appeals regarding claims involving military sexual trauma. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. REQUIREMENT FOR TRAINING ON CLAIMS INVOLVING 

MILITARY SEXUAL TRAUMA PRIOR TO ASSIGNMENT OF 

CERTAIN PROCEEDINGS. 

(a) REQUIREMENT.—Section 7102 of title 38, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(c)(1) The Secretary shall ensure that there is offered to each 

member of the Board an annual training on military sexual trauma 

and proceedings that concern a claim for compensation based on 

military sexual trauma experienced by a veteran. 

‘‘(2) A proceeding that concerns a claim specified in paragraph 

(1) may not be assigned to an individual member of the Board 

or to a panel of members unless the individual member, or each 

member of the panel, as the case may be, has completed the 

annual training most recently offered to that member pursuant 

to such paragraph. 

‘‘(3) In this subsection, the term ‘military sexual trauma’ has 

the meaning given that term in section 1166(c) of this title.’’. 

(b) FIRST TRAINING.—The Secretary of Veterans Affairs shall 

ensure that each member of the Board of Veterans’ Appeals is 

offered the first annual training under section 7102(c) of title 38, 

United States Code, as amended by subsection (a), by not later 

than 180 days after the date of the enactment of this Act. 

(c) APPLICABILITY.—The limitation under section 7102(c)(2) of 

title 38, United States Code, as added by subsection (a), shall 

apply with respect to the assignment of proceedings on or after 

the date that is 180 days after the date of the enactment of this 

Act. 

SEC. 2. REVIEW OF LANGUAGE AND PRACTICES USED IN CONNECTION 

WITH CLAIMS INVOLVING MILITARY SEXUAL TRAUMA. 

(a) BOARD OF VETERANS’ APPEALS.— (1) IN GENERAL.—Section 7112 of title 38, United States 

Code, is amended— 

(A) by inserting ‘‘(a) REMANDED CLAIMS.—’’ before ‘‘The 

Secretary’’; and 

(B) by adding at the end the following new subsections: 

‘‘(b) CLAIMS INVOLVING MILITARY SEXUAL TRAUMA.—The Board 

shall promptly determine whether a notice of disagreement filed 

with the Board is a covered case. 
H. R. 6961—2 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered case’ means a case— 

‘‘(A) that concerns a claim for compensation based on 

military sexual trauma; and 

‘‘(B) for which the appellant has requested a hearing 

in the notice of disagreement filed with the Board pursuant 

to section 7105 of this title. 

‘‘(2) The term ‘military sexual trauma’ has the meaning 

given that term in section 1166 of this title.’’. 

(2) CLERICAL AMENDMENTS.— (A) SECTION HEADING.—The heading of such section 

is amended by striking ‘‘remanded’’ and inserting ‘‘certain’’. 

(B) TABLE OF SECTIONS.—The table of sections at the 

beginning of chapter 71 of such title is amended by striking 

the item relating to section 7112 and inserting the following: 

‘‘7112. Expedited treatment of certain claims.’’. 

(b) AUDIT AND MODIFICATION OF DENIAL LETTERS.— (1) REQUIREMENT.—The Secretary of Veterans Affairs shall 

conduct an audit of the language used in letters sent to individuals to explain the decision by the Secretary to deny covered 

claims. Not later than 180 days after the date of the enactment 

of this Act, the Secretary shall modify the letters to ensure 

that— 

(A) the letters use trauma-informed language; and 

(B) veterans are not re-traumatized through insensitive 

language. 

(2) CONSULTATION.—The Secretary shall carry out paragraph (1) in consultation with veterans service organizations 

and other stakeholders as the Secretary determines appropriate. 

(c) EXAMINATIONS.—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. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘compensation’’ has the meaning given that 

term in section 101 of title 38, United States Code. 

(2) 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. 

(3) The term ‘‘covered claim’’ means a claim for compensation based on military sexual trauma experienced by a veteran. 

(4) The term ‘‘military sexual trauma’’ has the meaning 

given that term in section 1166 of title 38, United States 

Code. 

(5) The term ‘‘trauma-informed’’ means, with respect to 

language or practices, using language or carrying out practices 

in a manner that— 

(A) 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 
H. R. 6961—3 

of the individual, and the engagement by the individual 

to services; 

(B) 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 

(C) ensures that the language or practices do not retraumatize the individual. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.