Improvements to training for processing medical disability examinations

(a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall require additional training for new and probationary employees of the Department of Veterans Affairs who order or review covered medical disability examinations. (b) Training requirements The training required under subsection (a) shall include the following: (1) Instruction on how to assess whether a covered medical disability examination is adequate for purposes of adjudicating a claim for a benefit under laws administered by the Secretary. (2) Instruction on how to assess whether a medical disability examination is necessary for purposes of adjudicating a particular claim for a benefit. (3) Review of relevant statutes, judicial decisions, regulations, and policies of the Department regarding covered medical disability examinations, including, at a minimum— (A) the duty to assist; (B) the relevance of causation compared to other evidentiary standards in covered medical disability examinations; (C) the required elements of a covered medical disability examination, with an emphasis on the requirement for reasoned analysis to support medical opinions; and (D) the relevance of a lack of a statutory or regulatory presumption of service-connection in covered medical disability examinations. (4) Input from impacted employees of the Department, including duly appointed labor representatives of Department employees. (c) Second level of review for new employees The Secretary shall ensure that a new employee described in subsection (a) is subject to a second level of review before the employee can order a covered medical disability examination until the employee achieves an accuracy rate of 90 percent on decisions of claims. (d) Modification of reports (1) Board of Veterans’ Appeals Section 7101(d)(2) of title 38, United States Code, is amended— (A) in subparagraph (F), by striking; and and inserting a semicolon; (B) in subparagraph (G), by striking the period at the end and inserting; and; and (C) by adding at the end the following new subparagraph: (H) a summary of recurring issues that result in the Board remanding appeals back to the agency of original jurisdiction.. (2) United States Court of Appeals for Veterans Claims Section 7288(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: (16) A summary of recurring issues that result in remands.. (e) Definition of covered medical disability examination In this section, the term covered medical disability examination means a medical examination or medical opinion that the Secretary determines necessary for the purposes of adjudicating a benefit under chapter 11 or 15 of title 38, United States Code, regardless of whether conducted by an employee or a contractor of the Department.