What This Bill Does
This bill requires the Department of Defense to include a comprehensive disability examination as part of the physical examination that separating members of the Armed Forces must receive. The bill also requires the Department of Defense and Department of Veterans Affairs to create a shared system for medical and personnel records.
Who It Affects
Members of the Armed Forces who are separating from service and have or may have medical conditions that could qualify them for disability benefits from the Department of Veterans Affairs.
Key Provisions
• If a separating service member has or may have a medical condition that could make them eligible for disability compensation from the VA, the physical examination must be performed by a health care provider certified by the Secretary of Veterans Affairs to determine eligibility. (Sec. 2)
• If a potential disability condition is discovered during the physical examination and the examining health care provider is not certified by the Secretary of Veterans Affairs, the examination must be completed by a certified provider. (Sec. 2)
• An eligibility determination made during the physical examination is binding on the Department of Veterans Affairs and must be used as the basis for assigning a disability rating. (Sec. 2)
• The Secretary of Veterans Affairs and the Secretary of Defense must jointly establish a system to maintain medical and personnel records and share data between both departments. (Sec. 3)
What Changes
Separating service members with potential disabilities will receive examinations from VA-certified health care providers as part of their required Department of Defense physical examination. The disability eligibility determination from this examination will automatically apply to the VA and determine the service member's disability rating.
Important Definitions
None defined in bill text.
I
118TH CONGRESS
1ST SESSION
H. R. 228
To amend title 10, United States Code, to include a single comprehensive
disability examination as part of the required Department of Defense
physical examination for separating members of the Armed Forces, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 2023
Mr. WITTMAN introduced the following bill; which was referred to the Com-
mittee on Armed Services, and in addition to the Committee on Veterans’
Affairs, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend title 10, United States Code, to include a single
comprehensive disability examination as part of the re-
quired Department of Defense physical examination for
separating members of the Armed Forces, and for other
purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Veterans Affairs
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Transfer of Information and Sharing of Disability Exam-
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ination Procedures With DOD Doctors Act’’.
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•HR 228 IH
SEC. 2. INCLUSION OF SINGLE COMPREHENSIVE DIS-
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ABILITY EXAMINATION AS PART OF RE-
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QUIRED DEPARTMENT OF DEFENSE PHYS-
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ICAL EXAMINATION FOR SEPARATING MEM-
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BERS OF THE ARMED FORCES.
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Section 1145(a)(5) of title 10, United States Code,
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is amended by adding at the end the following new sub-
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paragraphs:
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‘‘(E) If a member of the armed forces who is required
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to receive a physical examination under subparagraph (A)
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has or is believed to have a medical condition that will
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or may make the member eligible for disability compensa-
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tion and benefits from the Department of Veterans Af-
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fairs, the physical examination shall be performed by a
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health care provider who is certified by the Secretary of
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Veterans Affairs to determine such eligibility. If such a
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condition is discovered during the physical examination
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and the health care provider performing the examination
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is not certified by the Secretary of Veterans Affairs, the
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examination shall be completed by a health care provider
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certified by the Secretary of Veterans Affairs.
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‘‘(F) An eligibility determination made as part of a
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physical examination under subparagraph (C) shall be
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binding on the Department of Veterans Affairs and be
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used as the basis for assigning a disability rating for the
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separating member.’’.
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•HR 228 IH
SEC. 3. DEPARTMENT OF DEFENSE AND DEPARTMENT OF
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VETERANS AFFAIRS JOINT RECORDKEEPING
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SYSTEM.
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The Secretary of Veterans Affairs and the Secretary
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of Defense shall jointly establish a system to be used by
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both the Department of Defense and the Department of
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Veterans Affairs to establish and maintain the medical
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and personnel records of members of the Armed Forces
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and veterans. Such system shall provide for data sharing
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between the Department of Defense and the Department
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of Veterans Affairs.
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Æ
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