H.R. 2576 — Servicemembers and Veterans Empowerment and Support Act of 2025

This section requires the Secretary of Veterans Affairs, not later than one year after enactment, to submit to the congressional veterans' affairs committees a report evaluating Department of Veterans Affairs (VA) statutes, regulations, and guidance on military sexual trauma (MST)—sexual assault and harassment experienced during military service—for health care eligibility under 38 U.S.C. ch. 17 and compensation under ch. 11. The report must (1) identify gaps in coverage for MST involving online or technological communications and assess the feasibility and advisability of expanding eligibility to nonsexual trauma via such communications; and (2) provide recommendations for revisions, developed in consultation with veterans service organizations and other stakeholders (not subject to the Federal Advisory Committee Act).

This section amends VA requirements for specialized teams processing disability compensation claims based on military sexual trauma (MST) experienced during active service (38 U.S.C. §1166) as follows: (1) expands the teams' authority under subsection (a)(1) to process claims for compensation for any condition—which may include a covered mental health condition—(previously limited to covered mental health conditions); and (2) revises subsection (d) to define covered mental health condition and MST by cross-reference to §1166A(i) (previously defined within the subsection). (Thus, the teams now cover a broader range of MST-related conditions beyond mental health diagnoses such as PTSD, anxiety, or depression.)

This section establishes standards and procedures under new 38 U.S.C. §1166A for VA evaluation of veterans' claims for service connection of a covered mental health condition (i.e., post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis related to military sexual trauma) incurred or aggravated by military sexual trauma (i.e., physical sexual assault, battery, or harassment) during active military, naval, air, or space service. It requires VA to consider (1) a diagnosis by a mental health professional, (2) medical evidence linking current symptoms to the military sexual trauma, and (3) credible corroborating evidence from non-Department of Defense sources (e.g., law enforcement, rape crisis centers, pregnancy or STD tests, statements from family, fellow servicemembers, or clergy) or a post-trauma behavior change (e.g., duty transfer request, work performance deterioration, substance abuse, depression or anxiety episodes, or unexplained economic or social changes); record the reasons for granting or denying service connection; notify claimants before denial of evidence types and allow an opportunity to submit such evidence or identify sources; obtain an opinion from VA medical or mental health experts (including clinical or counseling specialists) on whether evidence indicates military sexual trauma occurred; include a point-of-contact on related documents; and process claims through specialized teams under 38 U.S.C. §1166. The section specifies that it does not supplant VA regulations on proof standards for post-traumatic stress disorder claims based on nonsexual personal assault. Additionally, it directs VA, not later than 180 days after enactment and with veteran community input, to implement an outreach program on military sexual trauma claim standards (including medical examination requirements), targeting veterans with previously denied claims; and it makes a clerical amendment to the table of sections for chapter 11 of title 38, U.S. Code.

This section revises VA requirements (38 U.S.C. 1165) for medical examinations supporting disability compensation claims by (1) changing the qualifying condition to military sexual trauma (MST, as defined in 38 U.S.C. 1166A(i)) from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment; and (2) allowing the veteran to request that the examination occur at a VA medical facility by a qualified VA employee rather than at a contractor-designated location. (Thus, affected veterans may choose both the sex of the examiner and the examination location.) It also updates the section heading and table of contents accordingly.

This section establishes a workgroup, composed of Department of Veterans Affairs (VA) experts in military sexual trauma (MST) and mental health from the Veterans Health Administration (VHA), Veterans Benefits Administration (VBA), and Board of Veterans' Appeals, to review standard VA correspondence—including templates for notices under 38 U.S.C. §§5103 (notice of required information and evidence), 5104 (decisions and notices of decisions), 5104B (higher-level review), and 7104 (Board proceedings)—to individuals who have experienced MST for sensitivity, ensuring such correspondence treats them with dignity and respect and does not re-traumatize them. The section further amends VA notice provisions as follows: (1) 38 U.S.C. §5103, by adding subsection (c), to require written communications to MST individuals (i.e., those filing or awarded compensation for MST under 38 U.S.C. ch. 11 or receiving VA care for MST) to include contact information for VBA and VHA MST coordinators, Veterans Crisis Line, closest VHA facility and Vet Center, and information on Vet Center eligibility. (2) 38 U.S.C. §5104, by adding subsection (e), to require similar contact information in written communications to MST individuals, with award notices for MST compensation also including VBA MST coordinator contact information.

This section directs the Secretary of Veterans Affairs to conduct a study on (1) the quality of training provided to Department of Veterans Affairs personnel who review claims for disability compensation related to military sexual trauma, and (2) the quality of Department procedures for reviewing the accuracy of processing such claims. The study must include assessments of training completion timeliness, improvements in claim processing and issue-based accuracy, adherence of review procedures to generally accepted statistical methodologies, error correction mechanisms, summaries of quality assurance reviews and reports, and recommendations for improvements to both training and procedures. Not later than one year after the date of enactment, the Secretary must submit a report detailing the study's findings to the Senate and House Committees on Veterans' Affairs.

This section establishes an annual special focus review by the Under Secretary for Benefits of the Department of Veterans Affairs on the accuracy of processing claims for disability compensation related to military sexual trauma (MST), including (1) review of a statistically significant, nationally representative sample of MST claims filed in the prior fiscal year; (2) accuracy of decisions on those claims; (3) types of benefit entitlement errors disaggregated by category; (4) year-to-year trends; and (5) training completion rates for relevant Department personnel. The section further requires reprocessing and corrected decisions for any erroneous claims identified and sunsets the review requirement once accuracy rates reach 95% or greater for five consecutive years. The section also amends reporting requirements under Section 5501(b) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 by (1) extending annual reports until the new sunset date (from through 2027) and (2) adding required inclusion of the most recent review's findings, number of claims returned for reprocessing, and number of reprocessed claims with changed decisions on service connection or entitlement.

This section establishes a workgroup on medical examinations for Veterans Affairs (VA) disability compensation claims under 38 U.S.C. chapter 11 related to military sexual trauma (MST), to be convened not later than 90 days after enactment of this Act. The workgroup—composed of VA operations center staff experienced in MST exam quality review, Medical Disability Examination Office staff, veterans service officers, medical examiners with MST claim experience, Veterans Experience Office staff, and others designated by the Secretary—must not later than 180 days after enactment review exam quality and re-examination feasibility and submit recommendations to the Under Secretary for Benefits and Secretary on eliminating claimant re-traumatization and reducing claim overdevelopment. Not later than one year after enactment, the Secretary must submit to Congress a report containing the workgroup's views on VA re-traumatization efforts, legislative proposals to improve the claimant experience, the recommendations, and an implementation plan; the Under Secretary for Benefits and Secretary must review the recommendations and implement those determined to improve the MST claims process.

This section expands eligibility under the military sexual trauma (MST) counseling, care, and services program to former members of the reserve components of the Armed Forces, including those who served on inactive-duty training (i.e., weekend drills). (As background, the program provides counseling and treatment for physical and mental health conditions resulting from MST—now defined as a physical assault or battery of a sexual nature or sexual harassment occurring while serving on duty, regardless of duty status—to eligible former servicemembers and current servicemembers, including National Guard and Reserves, with no referral required.) Specifically, the section revises program language in 38 U.S.C. §1720D(a) to reference MST; strikes prior subsections (f) and (g); and inserts new subsection (f) defining (1) "former member of the Armed Forces" as a person who served on active duty, active duty for training, or inactive-duty training and who received a discharge or release not barred by court-martial (unless excepted) or under section 5303; (2) "military sexual trauma"; and (3) "sexual harassment" as unsolicited verbal or physical contact of a sexual nature that is threatening in character. (Thus, former reservists and National Guardsmen are newly eligible if they experienced MST during drill status and meet discharge criteria.)

This section requires the Secretary of Veterans Affairs, not later than 14 days after a veteran submits to the Veterans Benefits Administration a disability compensation claim related to military sexual trauma (MST), to send the veteran specified information, including (1) contact details for the nearest MST coordinators at the Veterans Benefits Administration and Veterans Health Administration and descriptions of their assistance; (2) types of VA services available to MST survivors (i.e., sexual assault or repeated threatening sexual harassment during military service), nearest locations including Vet Centers (i.e., community-based counseling centers), and contact information; (3) Veterans Crisis Line contact information; and (4) other relevant resources. (Thus, the provision connects the disability claims process to MST health care and support services.)

This section directs the Secretary of Veterans Affairs, in coordination with the Secretaries of Defense, Homeland Security, and Transportation, to ensure that each individual who withdraws from or does not complete service at a service academy receives (1) information on potential eligibility for military sexual trauma (MST) care and counseling through the Department of Veterans Affairs and (2) the option to receive copies of relevant service treatment or personnel records, sexual assault or harassment reporting forms, and investigative reports documenting MST experienced by the individual. Service academies include the U.S. Military, Naval, Air Force, Coast Guard, and Merchant Marine Academies.