Servicemembers and Veterans Empowerment and Support Act of 2021

Bill: 117-s-3025
Sponsor: Sen. Tester, Jon [D-MT]
Introduced: 2021-10-20 in the Senate
Policy area: Armed Forces and National Security
Subjects: Administrative remedies
Assault and harassment offenses
Congressional oversight
Crime victims
Department of Veterans Affairs
Emergency medical services and trauma care
Government studies and investigations
Health care coverage and access
Health facilities and institutions
Internet, web applications, social media
Medical tests and diagnostic methods
Mental health
Sex offenses
Veterans' medical care
Veterans' pensions and compensation

Summary:
action_date: 2021-10-20
text: 

Servicemembers and Veterans Empowerment and Support Act of 2021

 
This bill modifies and implements policies and procedures related to Department of Veterans Affairs (VA) health care and benefits for veterans who have experienced military sexual trauma (MST), which is generally defined as physical assault of a sexual nature, battery of a sexual nature, or sexual harassment that occurred while the veteran was serving in the military.
 
The VA must revise its regulations to update the definition of MST to include matters relating to technological abuse.
 
In the case of any veteran who claims that a covered mental health condition (e.g., post-traumatic stress disorder) based on MST was incurred or aggravated by active service, the VA must accept specified diagnoses and evidence as proof of service-connection.
 
The VA may not deny a veteran's claim of compensation for a covered mental health condition based on MST without first (1) advising the veteran that nonmilitary evidence and behavioral evidence may constitute credible corroborating evidence, and (2) allowing the veteran an opportunity to furnish the corroborating evidence or advise the VA of potential sources of such evidence.
 
The Veterans Benefits Administration must conduct an annual special focus review on the accuracy of the processing of claims for disability compensation for disabilities relating to MST.
 
Additionally, the bill (1) expands access to mental health care at VA facilities for survivors of MST, and (2) requires the VA and the Government Accountability Office to report on access to such care for MST survivors. 

action_date: 2022-03-01
text: 

Servicemembers and Veterans Empowerment and Support Act of 2021

 
This bill modifies and implements policies and procedures related to Department of Veterans Affairs (VA) health care and benefits for veterans who have experienced military sexual trauma (MST), which is generally defined as physical assault of a sexual nature, battery of a sexual nature, or sexual harassment that occurred while the veteran was serving in the military.
 
The VA must report on MST in the digital age.
 
In the case of any veteran who claims that a covered mental health condition (e.g., post-traumatic stress disorder) based on MST was incurred or aggravated by active service, the VA must accept specified diagnoses and evidence as proof of service-connection.
 
The VA may not deny a veteran's claim of compensation for a covered mental health condition based on MST without first (1) advising the veteran that nonmilitary evidence and behavioral evidence may constitute credible corroborating evidence, and (2) allowing the veteran an opportunity to furnish the corroborating evidence or advise the VA of potential sources of such evidence.
 
The Veterans Benefits Administration must conduct an annual special focus review on the accuracy of the processing of claims for disability compensation for disabilities relating to MST.
 
Additionally, the bill (1) expands access to mental health care at VA facilities for survivors of MST, and (2) requires the Government Accountability Office to report on access to such care for individuals who have experienced MST. 


Legislative actions:
action_date: 2022-03-01
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 289.
action_date: 2022-03-01
text: Committee on Veterans' Affairs. Reported by Senator Tester with an amendment in the nature of a substitute. Without written report.
action_date: 2022-03-01
text: Committee on Veterans' Affairs. Reported by Senator Tester with an amendment in the nature of a substitute. Without written report.
action_date: 2021-12-15
text: Committee on Veterans' Affairs. Ordered to be reported without amendment favorably.
action_date: 2021-10-20
text: Read twice and referred to the Committee on Veterans' Affairs.
action_date: 2021-10-20
text: Introduced in Senate