Review and priority processing of claims with inadequate or unnecessary examinations
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(a) Review Not later than one year after the date of the enactment of this Act and not less frequently than once every three months thereafter until the date that is three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall review a statistically significant sample of all covered medical disability examinations completed during the previous three-month period. (b) Further sample requirements Under each review required by subsection (a), the Secretary shall ensure the review includes— (1) a statistically significant sample of covered medical disability examinations completed by employees of the Department of Veterans Affairs; and (2) a statistically significant sample of covered medical disability examinations completed by each contractor that provides such examinations for the Department. (c) Analysis Under each review required by subsection (a), the Secretary shall— (1) analyze the samples specified in subsection (b); and (2) pursuant to such analysis, identify— (A) the percentage of examinations that were adequate for purposes of adjudicating the particular claim for a benefit under chapter 11 or 15 of title 38, United States Code, for which the examination was ordered by the Department; and (B) the percentage of examinations considered overdeveloped for purposes of adjudicating claims for a benefit under chapter 11 or 15 of title 38, United States Code, for which the examination was ordered by the Department. (d) Priority processing (1) In general Except as provided for in paragraph (2), if during a review under subsection (a) the Secretary finds any covered medical disability examination to be not adequate for adjudicating a claim, the Secretary shall ensure the claimant examined by that examination— (A) receives another examination, if necessary, on a priority basis; and (B) receives priority processing for the entirety of impacted claim. (2) Exception The Secretary is not required to furnish an additional examination under paragraph (1) if the Secretary determines such an examination to be unnecessary for purposes of adjudicating the claim. (e) Comptroller General of the United States study The Comptroller General of the United States shall conduct a review of the methodology and effectiveness of the reviews conducted under subsection (a). (f) Covered medical disability examination defined In this section, the term covered medical disability examination means a medical examination or opinion for the purposes of adjudicating a claim for 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.