IIB 

117TH CONGRESS 

2D SESSION H. R. 6961 

IN THE SENATE OF THE UNITED STATES 

MAY 19 (legislative day, MAY 17), 2022 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To amend title 38, United States Code, to improve hearings 

before the Board of Veterans’ Appeals regarding claims 

involving military sexual trauma. 

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


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1 SECTION 1. REQUIREMENT FOR TRAINING ON CLAIMS IN2 VOLVING MILITARY SEXUAL TRAUMA PRIOR 

3 TO ASSIGNMENT OF CERTAIN PROCEEDINGS. 

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

5 States Code, is amended by adding at the end the fol6 lowing new subsection: 

7 ‘‘(c)(1) The Secretary shall ensure that there is of8 fered to each member of the Board an annual training 

9 on military sexual trauma and proceedings that concern 

10 a claim for compensation based on military sexual trauma 

11 experienced by a veteran. 

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

13 paragraph (1) may not be assigned to an individual mem14 ber of the Board or to a panel of members unless the indi15 vidual member, or each member of the panel, as the case 

16 may be, has completed the annual training most recently 

17 offered to that member pursuant to such paragraph. 

18 ‘‘(3) In this subsection, the term ‘military sexual 

19 trauma’ has the meaning given that term in section 

20 1166(c) of this title.’’. 

21 (b) FIRST TRAINING.—The Secretary of Veterans Af22 fairs shall ensure that each member of the Board of Vet23 erans’ Appeals is offered the first annual training under 

24 section 7102(c) of title 38, United States Code, as amend25 ed by subsection (a), by not later than 180 days after the 

26 date of the enactment of this Act. 


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1 (c) APPLICABILITY.—The limitation under section 

2 7102(c)(2) of title 38, United States Code, as added by 

3 subsection (a), shall apply with respect to the assignment 

4 of proceedings on or after the date that is 180 days after 

5 the date of the enactment of this Act. 

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

7 CONNECTION WITH CLAIMS INVOLVING MILI8 TARY SEXUAL TRAUMA. 

9 (a) BOARD OF VETERANS’ APPEALS.— 

10 (1) IN GENERAL.—Section 7112 of title 38, 

11 United States Code, is amended— 

12 (A) by inserting ‘‘(a) REMANDED

13 CLAIMS.—’’ before ‘‘The Secretary’’; and 

14 (B) by adding at the end the following new 

15 subsections: 

16 ‘‘(b) CLAIMS INVOLVING MILITARY SEXUAL TRAU17 MA.—The Board shall promptly determine whether a no18 tice of disagreement filed with the Board is a covered case. 

19 ‘‘(c) DEFINITIONS.—In this section: 

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

21 ‘‘(A) that concerns a claim for compensa22 tion based on military sexual trauma; and 

23 ‘‘(B) for which the appellant has requested 

24 a hearing in the notice of disagreement filed 


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1 with the Board pursuant to section 7105 of this 

2 title. 

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

4 meaning given that term in section 1166 of this 

5 title.’’. 

6 (2) CLERICAL AMENDMENTS.— 

7 (A) SECTION HEADING.—The heading of 

8 such section is amended by striking ‘‘re9 manded’’ and inserting ‘‘certain’’. 

10 (B) TABLE OF SECTIONS.—The table of 

11 sections at the beginning of chapter 71 of such 

12 title is amended by striking the item relating to 

13 section 7112 and inserting the following: 

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

14 (b) AUDIT AND MODIFICATION OF DENIAL LET15 TERS.— 

16 (1) REQUIREMENT.—The Secretary of Veterans 

17 Affairs shall conduct an audit of the language used 

18 in letters sent to individuals to explain the decision 

19 by the Secretary to deny covered claims. Not later 

20 than 180 days after the date of the enactment of 

21 this Act, the Secretary shall modify the letters to en22 sure that— 

23 (A) the letters use trauma-informed lan24 guage; and 


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1 (B) veterans are not re-traumatized 

2 through insensitive language. 

3 (2) CONSULTATION.—The Secretary shall carry 

4 out paragraph (1) in consultation with veterans serv5 ice organizations and other stakeholders as the Sec6 retary determines appropriate. 

7 (c) EXAMINATIONS.—The Secretary shall establish 

8 protocols for Department of Veterans Affairs medical pro9 viders and contract medical providers to ensure that the 

10 medical providers conduct examinations regarding covered 

11 claims using trauma-informed practices. 

12 (d) DEFINITIONS.—In this section: 

13 (1) The term ‘‘compensation’’ has the meaning 

14 given that term in section 101 of title 38, United 

15 States Code. 

16 (2) The term ‘‘contract medical provider’’ 

17 means a medical provider who contracts with the 

18 Department of Veterans Affairs to provide a medical 

19 examination or a medical opinion when such an ex20 amination or opinion is necessary to make a decision 

21 on a claim under the laws administered by the Sec22 retary of Veterans Affairs. 

23 (3) The term ‘‘covered claim’’ means a claim 

24 for compensation based on military sexual trauma 

25 experienced by a veteran. 


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

2 meaning given that term in section 1166 of title 38, 

3 United States Code. 

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

5 respect to language or practices, using language or 

6 carrying out practices in a manner that— 

7 (A) is based on a knowledge of the aware8 ness of the prevalence and impact of trauma on 

9 the physical, emotional, and mental health of an 

10 individual, the behaviors of the individual, and 

11 the engagement by the individual to services; 

12 (B) is aimed at ensuring environments and 

13 services are welcoming and engaging to the in14 dividual who receives such services and the staff 

15 who provide such services; and 

16 (C) ensures that the language or practices 

17 do not retraumatize the individual. 

Passed the House of Representatives May 18, 2022. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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