[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2258 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2258

 To direct the Secretary of Defense to ensure that every member of the 
  Armed Forces undergoes a medical examination prior to separation or 
                   discharge, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2007

Mr. Welch of Vermont introduced the following bill; which was referred 
to the Committee 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 jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Defense to ensure that every member of the 
  Armed Forces undergoes a medical examination prior to separation or 
                   discharge, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MEDICAL EXAMINATIONS FOR MEMBERS OF THE ARMED FORCES BEFORE 
              THEIR SEPARATION OR DISCHARGE.

    (a) Medical Examinations Required.--The Secretary of Defense shall 
ensure that every member of the Armed Forces (including members of 
reserve components) who has served in the Global War on Terror--
            (1) undergoes a physical examination before the separation 
        or discharge of the member from the Armed Forces to determine 
        the member's medical condition at the time of the separation or 
        discharge; or
            (2) is provided reimbursement for receiving such a physical 
        examination from a licensed physician within 45 days after 
        separation or discharge.
    (b) Form for Medical Examination.--The Secretary of Defense and the 
Secretary of Veterans Affairs shall ensure that the Department of 
Defense and the Department of Veterans Affairs use the same form for 
medical examinations of members of the Armed Forces and veterans, 
respectively, so that the Department of Veterans Affairs has the 
information it needs (without any further medical examination or 
validation) for making a determination with respect to a claim for 
disability compensation or other purposes.
    (c) Transmittal of Service Records and Medical Information to 
Department of Veterans Affairs.--Subsection (c) of section 1142 of 
title 10, United States Code, is amended to read as follows:
    ``(c) Transmittal of Service Records and Medical Information to 
Department of Veterans Affairs.--
            ``(1) Medical information.--Subject to the consent of a 
        member who is being separated or discharged from the armed 
        forces, the Secretary concerned shall ensure that a copy of the 
        member's service medical record (including the results of any 
        separation medical examination provided the member or the 
        results of the member's appearance before a physical evaluation 
        board) is transmitted to the Secretary of Veterans Affairs in 
        an electronic format within 60 days of the separation or 
        retirement.
            ``(2) Service records.--Subject to the consent of a member 
        who is being separated or discharged from the armed forces, the 
        Secretary concerned also shall ensure that a copy of the 
        member's service record, including the member's DD-214 
        discharge form, is transmitted to the Secretary of Veterans 
        Affairs within 60 days of the separation or retirement. To the 
        extent practicable, the information shall be provided to the 
        Secretary of Veterans Affairs in an electronic format.''.
    (d) Global War on Terror.--In this section, the term ``Global War 
on Terror'' means the period beginning on September 11, 2001, and 
ending on the date thereafter prescribed by Presidential proclamation 
or by law.

SEC. 2. USE OF MEDICAL EXAMINATIONS PROVIDED TO VETERANS BEFORE THEIR 
              SEPARATION OR DISCHARGE FROM THE ARMED FORCES FOR 
              DETERMINATION OF COMPENSATION BENEFITS.

    Section 5103A(d) of title 38, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3) The Secretary shall treat an examination provided to a 
veteran by the Secretary of Defense prior to such veteran's separation 
or discharge from the Armed Forces as an examination provided by the 
Secretary under paragraph (1), and shall use the results of such an 
examination provided by the Secretary of Defense for purposes of making 
a determination with respect to a claim for disability compensation.''.
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