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Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans (2019)

Chapter: Appendix A: Legislation Directing the Study

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Suggested Citation:"Appendix A: Legislation Directing the Study." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.
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A

Legislation Directing the Study

Enacted — Signed by the President on December 16, 2016

H.R. 6416 - Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

114th Congress (2015–2016)

SEC. 110. INDEPENDENT REVIEW OF PROCESS BY WHICH DEPARTMENT OF VETERANS AFFAIRS ASSESSES IMPAIRMENTS THAT RESULT FROM TRAUMATIC BRAIN INJURY FOR PURPOSES OF AWARDING DISABILITY COMPENSATION.

  1. AGREEMENT.—
    1. IN GENERAL.—The Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to perform the services covered by this section.
    2. TIMING.—The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 9 months after the date of the enactment of this Act.
  2. COMPREHENSIVE REVIEW.—
    1. IN GENERAL.—Under an agreement between the Secretary and the National Academies of Sciences, Engineering, and Medicine under this section, the National Academies of Sciences, Engineering, and Medicine shall conduct a comprehensive review of examinations furnished by the Department of Veterans Affairs to individuals who submit claims to the Secretary for compensation under chapter 11 of title 38, United States Code, for traumatic brain injury to assess the impairments of such individuals relating to such injury.
    2. ELEMENTS.—The comprehensive review carried out pursuant to paragraph (1) shall include the following:
      1. A determination of the adequacy of the tools and protocols used by the Department to provide examinations described in paragraph (1).
      2. A determination of which credentials are necessary for health care specialists and providers to perform such portions of such examinations that relate to an assessment of all disabling effects.
    3. GROUP OF EXPERIENCED HEALTH CARE PROVIDERS.—In carrying out the comprehensive review pursuant to paragraph (1), the National Academies of Sciences, Engineering, and Medicine shall convene a group of relevant experts, including experts in clinical neuropsychology, psychiatry, physiatry, neurosurgery, and neurology.
  3. REPORT.—
Suggested Citation:"Appendix A: Legislation Directing the Study." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.
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    1. IN GENERAL.—Not later than 540 days after the date on which the Secretary enters into an agreement under subsection (a)(1), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the comprehensive review conducted under this section.
    2. ELEMENTS.—The report submitted under paragraph (1) shall include the following:
      1. The findings of the National Academies of Sciences, Engineering, and Medicine with respect to the comprehensive review conducted under this section.
      2. Such recommendations for legislative or administrative action as the National Academies of Sciences, Engineering, and Medicine may have for the improvement of the adjudication of claims described in subsection (b)(1). H.R. 6416—11
  1. ALTERNATE CONTRACT ORGANIZATION.—
    1. IN GENERAL.—If the Secretary is unable within the period prescribed in subsection (a)(2) to enter into an agreement described in subsection (a)(1) with the National Academies of Sciences, Engineering, and Medicine on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization that—
      1. is not part of the Government;
      2. operates as a not-for-profit entity; and
      3. has expertise and objectivity comparable to that of the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine.
    2. TREATMENT.—If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this section to the National Academies of Sciences, Engineering, and Medicine shall be treated as a reference to the other organization.
Suggested Citation:"Appendix A: Legislation Directing the Study." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.
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Page 105
Suggested Citation:"Appendix A: Legislation Directing the Study." National Academies of Sciences, Engineering, and Medicine. 2019. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans. Washington, DC: The National Academies Press. doi: 10.17226/25317.
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Page 106
Next: Appendix B: Definitions of Traumatic Brain Injury »
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The Veterans Benefits Administration (VBA) provides disability compensation to veterans with a service-connected injury, and to receive disability compensation from the Department of Veterans Affairs (VA), a veteran must submit a claim or have a claim submitted on his or her behalf. Evaluation of the Disability Determination Process for Traumatic Brain Injury in Veterans reviews the process by which the VA assesses impairments resulting from traumatic brain injury for purposes of awarding disability compensation. This report also provides recommendations for legislative or administrative action for improving the adjudication of veterans’ claims seeking entitlement to compensation for all impairments arising from a traumatic brain injury.

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