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

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 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 Statis

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Source location: Title 38, Chapter 11, § 1166; chapter-011-compensation-for-service-connected-disability-or-death.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7112 — Expedited treatment of certain claims

**(a) Remanded Claims.—** The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Board of any claim that is remanded to the Secretary by the Court of Appeals for Veterans Claims. **(b) Claims Involving Military Sexual Trauma.—** The Board shall promptly determine whether a notice of disagreement filed with the Board is a covered case. **(c) Definitions.—** In this section: (1) The term “covered case” means a case— (A) that concerns a claim for compensation based on military sexual trauma; and (B) for which the appellant has requested a hearing in the notice of disagreement filed with the Board pursuant to [section 7105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7105&num=0&edition=prelim). (2) The term “military sexual trauma” has the meaning given that term in [section 1166 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1166&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1705 — Management of health care: patient enrollment system

**(a)** In managing the provision of hospital care and medical services under [section 1710(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a&num=0&edition=prelim), the Secretary, in accordance with regulations the Secretary shall prescribe, shall establish and operate a system of annual patient enrollment. The Secretary shall manage the enrollment of veterans in accordance with the following priorities, in the order listed: (1) Veterans with service-connected disabilities rated 50 percent or greater and veterans who were awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14. (2) Veterans with service-connected disabilities rated 30 percent or 40 percent. (3) Veterans who are former prisoners of war or who were awarded the Purple Heart, veterans with service-connected disabilities rated 10 percent or 20 percent, and veterans described in subparagraphs (B) and (C) of [section 1710(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/2&num=0&edition=prelim). (4) Veterans who are in receipt of increased pension based on a need of regular aid and attendance or by reason of being permanently housebound and other veterans who are catastrophically disabled. (5) Veterans not covered by paragraphs (1) through (4) who are unable to defray the expenses of necessary care as determined under [section 1722(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1722/a&num=0&edition=prelim). (6) All other veterans eligible for hospital care, medical services, and nursing home care under [section 1710(a)(2) of this title](https://uscode.house.gov/view.xhtml?re

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1164 — Presumptions of service-connection for Coronavirus Disease 2019

**(a) Presumptions Generally.—** (1) For purposes of laws administered by the Secretary and subject to [section 1113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1113&num=0&edition=prelim), if symptoms of Coronavirus Disease 2019 (in this section referred to as “COVID–19”) described in subsection (d) manifest within one of the manifestation periods described in paragraph (2) in an individual who served in a qualifying period of duty described in subsection (b)— (A) infection with severe acute respiratory syndrome coronavirus 2 (in this section referred to as “SARS–CoV–2”) shall be presumed to have occurred during the qualifying period of duty; (B) COVID–19 shall be presumed to have been incurred during the qualifying period of duty; and (C) if the individual becomes disabled or dies as a result of COVID–19, it shall be presumed that the individual became disabled or died during the qualifying period of duty for purposes of establishing that the individual served in the active military, naval, or air service. (2) (A) The manifestation periods described in this paragraph are the following: (i) During a qualifying period of duty described in subsection (b), if that period of duty was more than 48 continuous hours in duration. (ii) Within 14 days after the individual’s completion of a qualifying period of duty described in subsection (b). (iii) An additional period prescribed under subparagraph (B). (B) (i) If the Secretary determines that a manifestation period of more than 14 days after completion of a qualifying period of service is appropriate for the presumptions under paragraph (1), the Secretary may prescribe that additional period by regulation. (ii) A determination under clause

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7101 — Composition of Board of Veterans’ Appeals

**(a)** There is in the Department a Board of Veterans’ Appeals (hereinafter in this chapter referred to as the “Board”). The Board is under the administrative control and supervision of a chairman directly responsible to the Secretary. The Board shall consist of a Chairman, a Vice Chairman, and such number of members as may be found necessary in order to conduct hearings and dispose of appeals properly before the Board in a timely manner. The Board shall have such other professional, administrative, clerical, and stenographic personnel as are necessary in conducting hearings and considering and disposing of appeals properly before the Board. The Board shall have sufficient personnel under the preceding sentence to enable the Board to conduct hearings and consider and dispose of appeals properly before the Board in a timely manner. **(b)** (1) The Chairman shall be appointed by the President, by and with the advice and consent of the Senate, for a term of six years. The Chairman shall be subject to the same ethical and legal limitations and restrictions concerning involvement in political activities as apply to judges of the United States Court of Appeals for Veterans Claims. (2) The Chairman may be removed by the President for misconduct, inefficiency, neglect of duty, or engaging in the practice of law or for physical or mental disability which, in the opinion of the President, prevents the proper execution of the Chairman’s duties. The Chairman may not be removed from office by the President on any other grounds. Any such removal may only be made after notice and opportunity for hearing. (3) The Chairman may be appointed under this subsection to more than one term. If, upon the expiration of the term of office for which the Chairman was appointed, the position of

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7101

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 198 TITLE 38—VETERANS’ BENEFITS § 1165 symptoms that competent medical evidence demonstrates are experienced by an individual affected and directly related to COVID–19. (e) MEDICAL EXAMINATIONS AND OPINIONS.—If there is a question of whether the symptoms ex- perienced by an individual described in para- graph (1) of subsection (a) during a manifesta- tion period described in paragraph (2) of such subsection are attributable to COVID–19 result- ing from infection with SARS–CoV–2 during the qualifying period of duty, in determining wheth- er a medical examination or medical opinion is necessary to make a decision on the claim with- in the meaning of section 5103A(d) of this title, a qualifying period of duty described in sub- section (b) of this section shall be treated as if it were active military, naval, or air service for purposes of section 5103A(d)(2)(B) of this title. (Added Pub. L. 116–315, title IV, § 4101(a), Jan. 5, 2021, 134 Stat. 5006.) Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (b)(1)(A), (2)(A), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Ta- bles. The date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, referred to in subsec. (b)(1)(B), (2)(B), is the date of enactment of Pub. L. 116–315, which was approved Jan. 5, 2021. CODIFICATION Another section 1164 was renumbered section 1166 of this title. Statutory Notes and Related Subsidiaries MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERV- I

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1166

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