Last Updated on June 1, 2019 by LawEuro
[115th Congress Public Law 130]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 332]]
Public Law 115-130
115th Congress
An Act
To direct the Secretary of Veterans Affairs to submit certain reports
relating to medical evidence submitted in support of claims for benefits
under the laws administered by the Secretary. <<NOTE: Mar. 9,
2018 – [H.R. 1725]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPORT ON PROGRESS OF DEPARTMENT OF VETERANS AFFAIRS
ACCEPTABLE CLINICAL EVIDENCE
INITIATIVE.
(a) In General.–Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs
of the House of Representatives a report on the progress of the
Acceptable Clinical Evidence initiative of the Department of Veterans
Affairs in reducing the necessity for in-person disability examinations
and other efforts to comply with the provisions of section 5125 of title
38, United States Code.
(b) Contents of Report.–The report required by subsection (a) shall
include the following:
(1) The number of claims eligible for the Acceptable
Clinical Evidence initiative during the period beginning on the
date of the commencement of the initiative and ending on the
date of the submittal of the report, disaggregated by fiscal
year.
(2) The total number of claims eligible for the Acceptable
Clinical Evidence initiative that required a medical examiner of
the Department to supplement the evidence with information
obtained during a telephone interview with a claimant.
(3) Information on any other initiatives or efforts of the
Department to further encourage the use of private medical
evidence and reliance upon reports of a medical examination
administered by a private physician if the report is
sufficiently complete to be adequate for the purposes of
adjudicating a claim.
(4) The anticipated impact on the timeline and accuracy of a
decision on a claim for benefits under chapter 11 or 15 of title
38, United States Code, if the Secretary were prohibited from
requesting a medical examination in the case of a claim in
support of which a claimant submits medical evidence and a
medical opinion provided by a private physician that is
competent, credible, probative, and otherwise adequate for the
purpose of making a decision on that claim.
(5) Recommendations on how the Department can measure,
track, and prevent the ordering of unnecessary medical
examinations when the provision by a claimant of a medical
[[Page 132 STAT. 333]]
examination administered by a private physician in support of a
claim for benefits under chapter 11 or 15 of title 38, United
States Code, is adequate for the purpose of making a decision on
that claim.
SEC. 2. ANNUAL REPORT ON SUBMITTAL OF PRIVATE MEDICAL EVIDENCE IN
SUPPORT OF CLAIMS FOR DEPARTMENT OF VETERANS
AFFAIRS BENEFITS.
Not later than March 1 of fiscal years 2018 through 2024, the
Secretary of Veterans Affairs shall submit to Congress a report that
includes, for the calendar year preceding the year in which the report
is submitted, the following for each regional office of the Department
of Veterans Affairs:
(1) The number of times a veteran who submitted private
medical evidence in support of a claim for compensation or
pension under the laws administered by the Secretary was
scheduled for an examination performed by Department personnel
because the private medical evidence submitted was determined to
be unacceptable.
(2) The most common reasons why private medical evidence
submitted in support of claims for benefits under the laws
administered by the Secretary was determined to be unacceptable.
(3) The types of disabilities for which claims for benefits
under the laws administered by the Secretary were mostly
commonly denied when private medical evidence was submitted.
Approved March 9, 2018.
LEGISLATIVE HISTORY–H.R. 1725:
—————————————————————————
HOUSE REPORTS: No. 115-133 (Comm. on Veterans’ Affairs).
CONGRESSIONAL RECORD:
Vol. 163 (2017):
May 23, considered and passed House.
Vol. 164 (2018):
Feb. 15, considered and passed
Senate.
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