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38 U.S.C. § 1166Claims involving military sexual trauma

submitted 5 years ago by Pub. L. 116-315 to r/title-38-VETERANS-BENEFITS · 323 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses claims involving military sexual trauma. It states the specific duties, permissions, limits, exceptions, and other rules set out in the section.

(a) Processing.— (1) The Secretary must 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) must not be responsible for providing any assistance to a veteran regarding a claim described in paragraph (1), other than counseling services, guidance, and support, under duties determined by the Under Secretary for Health; and (B) must not participate in the adjudication of such a claim. (b) Referrals to MST Coordinators.— The Secretary must 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 must ensure that members of teams established under subsection (a) are trained to identify markers indicating military sexual trauma. (2) The Secretary must ensure that peer support specialists of the Department receive annual training on how to provide peer support regarding military sexual trauma. (3) The Secretary must provide annual training, regarding the processing of claims described in subsection (a), to the following people: (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, about 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.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 116-315 · 134 Stat. 5048
  • 2021Amended · Pub. L. 117-16 · 135 Stat. 284, 285
  • 2022Amended · Pub. L. 117-271 · 136 Stat. 4179, 4180

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-315 on 2021-01-05.

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