110 HR 3581 IH: To clarify the roles of the Department of Defense and U.S. House of Representatives 2007-09-19 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. 3581 IN THE HOUSE OF REPRESENTATIVES September 19, 2007 Mr. Jones of North Carolina 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 clarify the roles of the Department of Defense and Department of Veterans Affairs disability evaluation systems for retirement and compensation of members of the Armed Forces for disability, to require the development of a single physical exam that can be used to determine both fitness for duty and disability ratings, to standardize fitness testing among the Armed Forces, and for other purposes.

1.

Department of Defense and Department of Veterans Affairs disability evaluation systems

(a)

Distinct roles for DOD and VA

The Secretary of Defense and the Secretary of Veterans Affairs shall develop a joint disability evaluation system under which— (1)the Department of Defense shall be responsible for determining whether an injured member of the Armed Forces is fit to perform the duties of the member’s office, grade, rank, or rating, or should be retired or separated because of physical disability under chapter 61 of title 10, United States Code; and (2)the Department of Veterans Affairs shall be responsible for establishing the disability rating, compensation, and benefits programs for the member if the member is retired or separated because of physical disability. (b)

Single physical exam

The Secretary of Defense and the Secretary of Veterans Affairs shall develop a single medical examination for the evaluation of members of the Armed Forces who incur an injury that may require the retirement or separation of the member from the Armed Forces, which shall be used— (1)by medical evaluation boards and physical evaluation boards of the Department of Defense to determine the fitness of a member of the Armed Forces to perform the duties of the member’s office, grade, rank, or rating; and (2)by the Department of Veterans Affairs to establish the disability rating, compensation, and benefits programs for the member. (c)

Standardization

The Secretary of Defense shall standardize for each of the military departments the testing used to determine the fitness of a member to perform duty. (d)

Department of Veterans Affairs assessment

The Secretary of Veterans Affairs shall conduct an assessment of the training programs of the Department of Veterans Affairs. Such assessment shall include an evaluation of the training programs for personnel of the Department of Defense whose responsibilities are related to the disability evaluation system described in subsection (a). (e)

Report to Congress

Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall each submit to Congress a report on any actions taken to carry out this Act.