Enhanced efficiency and service discretion for Disability Evaluation System reviews

(a) Secretarial discretion and statements of contention for appeals to physical evaluation board determinations of fitness for duty Section 524 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 1071 note) is amended— (1) in the matter preceding paragraph (1), by striking Not later than 90 days after the date of the enactment of this Act, the Secretary and inserting The Secretary; (2) in paragraph (1), by adding at the end the following: The Secretary concerned may require submission of a statement of contention as part of the appeal submission.; and (3) by amending paragraph (2) to read as follows: (2) If the member submits a formal appeal, the Secretary concerned shall conduct a fitness for duty determination consisting of either a records review or an impartial appellate hearing, as determined by the Secretary.. (b) Statements of contention for physical evaluation boards Section 1214 of title 10, United States Code, is amended by striking if he demands it. and inserting if the member demands it. The Secretary concerned may require submission of a statement of contention as part of the demand..