Veterans Pro Bono Corps Act of 2021

To require the Secretary of Veterans Affairs to conduct a study on the feasibility and advisability of establishing a pilot program to support medical residency and fellowship programs that assist veterans, and for other purposes. 1. Short title This Act may be cited as the Veterans Pro Bono Corps Act of 2021 2. Study on potential pilot program to support medical residency and fellowship programs that assist veterans (a) Sense of Congress It is the Sense of Congress that— (1) the COVID–19 pandemic and other factors have contributed to a growing backlog of veterans needing medical disability examinations and opinions; (2) access to medical disability examinations and opinions is critical for veterans to receive disability compensation benefits from the Department of Veterans Affairs; (3) there remains a need to train non-Department of Veterans Affairs clinicians to understand and support the unique medical needs of disabled veterans; (4) veterans who are dissatisfied with medical disability examinations or opinions provided by employees or contractors of the Department of Veterans Affairs may obtain and submit outside, independent disability evaluations; however, most veterans cannot afford to obtain such evaluations and most non-Department training clinicians are not familiar with the specific legal criteria and medical findings necessary to prepare adequate disability examination reports and opinions; and (5) clinics within non-Department of Veterans Affairs medical residency and fellowship programs are a potential resource to supplement the current medical disability examination and opinion system carried out by employees and contractors of the Department by— (A) affording disabled veterans with another option for high-quality, outside, independent disability evaluations; and (B) providing non-Department clinicians with clinical training and experience necessary to understand the unique medical needs of disabled veterans. (b) Study required The Secretary of Veterans Affairs shall conduct a study to assess the feasibility and advisability of— (1) establishing the pilot program described in subsection (d); and (2) using the disability benefits questionnaire forms as described in subsection (d)(8) to support such program. (c) Report required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the findings of the study conducted under subsection (b). (d) Pilot program described (1) In general The pilot program described in this section is a pilot program under which the Secretary of Veterans Affairs provides assistance to eligible recipients to establish or maintain programs that assist veterans applying for compensation under chapter 11 (2) Eligible recipients For purposes of the pilot program, an eligible recipient would be an entity that— (A) is administering a non-Department of Veterans Affairs medical residency or medical fellowship program in the United States or a territory of the United States; and (B) is accredited by a nationally recognized accrediting agency. (3) Duration The Secretary would carry out the pilot program during the five-year period beginning on the date of the commencement of the pilot program. (4) Grants The Secretary would carry out the pilot program through the award of grants to eligible recipients to establish or maintain programs as described in paragraph (1). (5) Competitive process The Secretary would establish a competitive process for the award of the grants under the pilot program. (6) Selection of grant recipients In awarding grants under the pilot program, the Secretary may give preference to an eligible recipient located in a rural area or an underserved area. (7) Use of grant funds (A) In general Each eligible recipient receiving a grant under the pilot program would use the grant to establish or maintain a program as described in paragraph (1) in which medical residents or fellows provide pro bono medical examinations and opinions for the purposes described in that paragraph. (B) Requirements For each program established or maintained with amounts from a grant under the pilot program— (i) medical residents and fellows would practice under the supervision of attending physicians in accordance with such supervisory requirements as the Secretary would prescribe in regulations; (ii) each attending physician providing such supervision would be in good standing with the medical licensing board of each State in which the attending physician is licensed; (iii) each medical resident and fellow would be in good standing with— (I) the program established or maintained with amounts from the grant; and (II) the medical licensing board of each State in which the resident or fellow is licensed; (iv) each medical resident, fellow, and attending physician would undergo training that is substantially the same as or equivalent to training required for medical examiners of the Veterans Health Administration or contractors of the Department of Veterans Affairs who conduct medical examinations for purposes of supporting claims for compensation under chapter 11 (v) medical residents would be in their second year or later of a medical residency; (vi) the program would not charge veterans fees for the services provided; (vii) the program would screen individual applicants who are veterans using such income eligibility criteria as the Secretary would prescribe in regulations; (viii) the recipient of the grant would, on an annual basis, provide the Secretary with an accounting of how the recipient has used and allocated grant funds; and (ix) the program would meet such other criteria as the Secretary may prescribe in regulations. (8) Forms The Secretary would provide to each recipient of a grant under the pilot program all current disability benefits questionnaire forms of the Department of Veterans Affairs. (9) Outreach The Secretary would, in partnership with veterans service organizations, implement an informative outreach program for veterans regarding the availability of services from programs established or maintained under the pilot program. (10) Rule of construction (A) Voluntary participation Participation by any veteran in the pilot program would be voluntary. (B) Right to medical examination Administration of the pilot program would not be construed to invalidate or replace the right of a veteran to a medical examination provided by an employee or contractor of the Department of Veterans Affairs under section 5103A(d) of title 38, United States Code. (11) Definitions In this subsection: (A) The term rural area rural (B) The term underserved area (i) The area has a high proportion of individuals who have limited access to health care. (ii) The area has a high proportion of individuals who have limited access to legal services. (C) The term veterans service organization

Summary: Veterans Pro Bono Corps Act of 2021 This bill requires the Department of Veterans Affairs (VA) to study the feasibility and advisability of establishing a five-year pilot program to provide assistance to entities that provide aid to veterans applying for compensation for a service-connected disability, specifically by helping them substantiate their claims with independent medical examinations and opinions. The study must also assess the use of the VA disability benefits questionnaire forms to support the pilot program. Under the program, eligible entities are those that administer a non-VA medical residency or medical fellowship program in the United States (or a territory of the United States) and are accredited by a nationally recognized accrediting agency.