38 U.S.C. § 1166 (VETERANS’ BENEFITS)
§ 1166. Claims involving military sexual trauma
(a) Processing.—
(1) The Secretary shall establish specialized teams to process claims for compensation for a covered mental health condition based on military sexual trauma experienced by a veteran during active military, naval, air, or space service.
(2) A peer support specialist of the Department—
(A) shall not be responsible for providing any assistance to a veteran regarding a claim described in paragraph (1), other than counseling services, guidance, and support, pursuant to duties determined by the Under Secretary for Health; and
(B) shall not participate in the adjudication of such a claim.
(b) Referrals to MST Coordinators.—
The Secretary shall include, in forms for claims described in subsection (a), an option for a veteran to elect to be referred to a military sexual trauma coordinator of the Veterans Health Administration at the facility of the Department nearest to the residence of such veteran.
(c) Training.—
(1) The Secretary shall ensure that members of teams established under subsection (a) are trained to identify markers indicating military sexual trauma.
(2) The Secretary shall ensure that peer support specialists of the Department receive annual training on how to provide peer support regarding military sexual trauma.
(3) The Secretary shall provide annual training, regarding the processing of claims described in subsection (a), to the following individuals:
(A) Military sexual trauma coordinators of the Veterans Health Administration.
(B) Peer support specialists of the Department.
(d) Definitions.—
In this section:
(1) The term “covered mental health condition” means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma.
(2) The term “military sexual trauma” means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment during active military, naval, air, or space service.
(Added Pub. L. 116–315, title V, § 5501(a)(1), Jan. 5, 2021, 134 Stat. 5048, § 1164; renumbered § 1166 and amended Pub. L. 117–16, § 7(a)(1), (b)(4)(A), June 8, 2021, 135 Stat. 284, 285; Pub. L. 117–271, § 1(a), (b)(1), Dec. 27, 2022, 136 Stat. 4179, 4180.)
heading: Editorial Notes
heading: Amendments
text: 2022—Pub. L. 117–271, § 1(b)(1), substituted “Claims” for “Specialized teams to evaluate claims” in section catchline.
Subsec. (a). Pub. L. 117–271, § 1(a)(2)(B), (C), designated existing provisions as par. (1) and added par. (2).
Pub. L. 117–271, § 1(a)(1), (2)(A), substituted “Processing” for “In General” in heading and “air, or space service” for “or air service” in text.
Subsec. (b). Pub. L. 117–271, § 1(a)(4), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 117–271, § 1(a)(5), designated existing provisions as par. (1) and added pars. (2) and (3).
Pub. L. 117–271, § 1(a)(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (c)(2). Pub. L. 117–271, § 1(a)(1), substituted “air, or space service” for “or air service”.
Subsec. (d). Pub. L. 117–271, § 1(a)(3), redesignated subsec. (c) as (d).
2021—Pub. L. 117–16, § 7(b)(4)(A), made technical correction to directory language of Pub. L. 116–315, § 5501(a)(1), which enacted this section.
Pub. L. 117–16, § 7(a)(1), renumbered section 1164 of this title, relating to specialized teams to evaluate claims involving military sexual trauma, as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Military Sexual Trauma Claims Coordination
text: Pub. L. 117–303, Dec. 27, 2022, 136 Stat. 4387, provided that:
“SECTION 1. SHORT TITLE.
“This Act may be cited as the ‘MST Claims Coordination Act’.
“SEC. 2. VETERANS HEALTH ADMINISTRATION AND VETERANS BENEFITS ADMINISTRATION COORDINATION FOR CERTAIN CLAIMS ARISING FROM MILITARY SEXUAL TRAUMA.
“(a) Coordinated Provision of Materials.—
“(1) Required materials.—
During or immediately after each covered event, and together with each covered document, in a claim for compensation arising from military sexual trauma experienced by a covered individual, the Under Secretary for Benefits of the Veterans Benefits Administration, in coordination with the Under Secretary for Health of the Veterans Health Administration, shall provide, to the covered individual—
“(A) outreach letters;
“(B) information on the Veterans Crisis Line;
“(C) information on how to make an appointment with a mental health provider; and
“(D) other information on available resources relating to military sexual trauma (including information on military sexual trauma coordinators of the Veterans Health Administration, mental health providers trained in military sexual trauma issues, and peer support specialists).
“(2) Format of materials.—
Materials described in paragraph (1) may be provided electronically.
“(b) Automatic Notification System.—
In a claim for compensation arising from military sexual trauma experienced by a veteran, if the veteran is enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, and consents to the notification system under this subsection, the Under Secretary for Benefits shall automatically notify the Under Secretary for Health shortly before the veteran—
“(1) participates in any covered event; or
“(2) receives any covered document.
“(c) Implementation Deadline.—
The Secretary of Veterans Affairs shall implement this Act not later than 18 months after the date of the enactment of this Act [Dec. 27, 2022].
“(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 ‘covered document’ means a determination (including a rating determination) that the Secretary of Veterans Affairs provides to the claimant in connection with a claim for compensation.
“(3) The term ‘covered event’ includes, with respect to a claim for compensation—
“(A) a medical examination under section 5103A of title 38, United States Code;
“(B) a hearing before the Board of Veterans’ Appeals under section 7107 of such title; and
“(C) any other event determined relevant by the Secretary of Veterans Affairs.
“(4) The term ‘covered individual’ means a former member of the Armed Forces (as that term is defined in section 1720D of title 38, United States Code) who elects to receive materials under subsection (a).
“(5) The term ‘military sexual trauma’ has the meaning given that term in section 1166 of title 38, United States Code.
“(6) The term ‘Veterans Crisis Line’ means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.”
heading: Review of Language and Practices Used in Connection With Claims Involving Military Sexual Trauma
text: Pub. L. 117–300, § 2, Dec. 27, 2022, 136 Stat. 4379, provided that:
“(a) Board of Veterans’ Appeals.—
“(1) In general.—
[Amended section 7112 of this title.]
“(2) Clerical amendments.—
“(A) Section heading.—
[Amended section 7112 of this title.]
“(B) Table of sections.—
[Amended analysis preceding section 7101 of this title.]
“(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 [Dec. 27, 2022], 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 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.”