110 HR 2258 IH: To direct the Secretary of Defense to ensure that every U.S. House of Representatives 2007-05-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 2258 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.

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.

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. .