S. 1245 — 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 Senate and House Committees on Veterans’ Affairs a report evaluating Department of Veterans Affairs statutes, regulations, and guidance on military sexual trauma (MST)—for health care access under 38 U.S.C. ch. 17 and disability compensation under ch. 11—to identify (1) gaps in coverage for MST involving online or technological communications and (2) the feasibility and advisability of expanding eligibility to nonsexual trauma from such communications. The report must include recommendations for revisions, developed in consultation with veterans service organizations and other stakeholders (exempt from the Federal Advisory Committee Act).

This section modifies VA procedures for processing compensation claims based on military sexual trauma (MST) experienced by veterans during active service by (1) expanding specialized teams' responsibility to claims for any condition, which may include a covered mental health condition (from solely covered mental health conditions); and (2) defining the terms "covered mental health condition" (previously post-traumatic stress disorder, anxiety, depression, or other related mental health diagnoses) and "military sexual trauma" (previously physical assault, battery, or sexual harassment of a sexual nature) by cross-reference to 38 U.S.C. §1166A(i).

This section establishes procedures at 38 U.S.C. §1166A for VA evaluation of disability compensation claims by veterans for covered mental health conditions (i.e., post-traumatic stress disorder, anxiety, depression, or other diagnoses 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. For such claims, VA must consider (1) a diagnosis by a mental health professional, (2) medical evidence linking current symptoms to the trauma, and (3) credible corroborating evidence from non-Department of Defense sources (e.g., law enforcement, rape crisis centers, hospitals, pregnancy or STD tests, statements from family, roommates, fellow servicemembers, veterans, or clergy) or indicators of behavior change proximate to the trauma (e.g., duty transfer requests, work performance decline, substance abuse, depression or anxiety episodes, or unexplained economic or social changes); VA must record the full rationale for granting or denying service connection. (Thus, these standards broaden acceptable corroboration beyond official service records for military sexual trauma claims, which often lack direct documentation.) VA must provide veterans notice of acceptable evidence types and an opportunity to submit it or identify sources before denying a claim; submit identified evidence to VA medical or mental health experts (including clinical or counseling specialists) for an opinion on whether it indicates military sexual trauma occurred; include a departmental point of contact on all related claim documents; and route claims through specialized teams designated under 38 U.S.C. §1166. The section clarifies it does not alter standards for post-traumatic stress disorder claims based on nonsexual personal assault and makes a clerical amendment to the chapter table of sections. This section further directs VA, not later than 180 days after enactment and with input from the veteran community, to implement an outreach program informing veterans of military sexual trauma claim standards (including medical exam requirements), targeting those with previously denied claims to the extent practicable.

This section revises VA requirements for medical examinations supporting disability compensation claims under 38 U.S.C. ch. 11 by (1) replacing the prior triggers of "a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment" with "military sexual trauma (as defined in 38 U.S.C. 1166A(i))" and (2) authorizing veterans to request that such examinations occur at a VA medical facility by a qualified VA employee rather than a contractor-designated location. (Military sexual trauma generally includes sexual assault or repeated, threatening sexual harassment experienced during military service.) It also updates the section heading to "Choice of sex of medical examiner and location of medical examination for certain disabilities" and makes a conforming change to the table of sections.

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 correspondence—including templates for notices under 38 U.S.C. §§5103, 5104, 5104B, and 7104—for sensitivity to ensure it treats MST individuals with dignity and does not re-traumatize them. The section also amends VA notice requirements as follows: (1) adds subsection (c) to 38 U.S.C. §5103 (notice to claimants of required information and evidence) to require written communications to MST individuals—defined to include those filing or awarded compensation for MST-related claims under 38 U.S.C. ch. 11 or receiving MST-related VA care—to include contact information for VBA and VHA MST coordinators, Veterans Crisis Line, closest VHA facility and Vet Center, and Vet Center eligibility information; and (2) adds subsection (e) to 38 U.S.C. §5104 (decisions and notices of decisions) to impose similar requirements, with award notices for MST-related compensation also including VBA MST coordinator contact information. (Thus, these changes aim to connect MST claimants and beneficiaries to specialized VA support services during the claims process.)

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 under 38 U.S.C. chapter 11 related to military sexual trauma, including whether personnel complete training on time, whether it improves claim processing and issue-based accuracy, and recommendations for improvement; and (2) the quality of procedures for reviewing the accuracy of processing such claims, including whether those procedures use generally accepted statistical methodologies, include error correction mechanisms, a summary of quality assurance reviews, and recommendations for improvement. The Secretary must submit a report detailing the study's findings to the Senate and House Committees on Veterans' Affairs not later than one year after the date of enactment of this Act.

This section requires the Under Secretary for Benefits of the Department of Veterans Affairs (VA) to conduct an annual special focus review of the accuracy of processing disability compensation claims under 38 U.S.C. chapter 11 for disabilities relating to military sexual trauma (MST), including (1) a statistically significant, nationally representative sample of all such 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 VA personnel. The section further requires reprocessing and corrected decisions for any erroneous claims identified and sunsets the review requirement upon a determination of 95% or greater accuracy for five consecutive years. It also amends the annual MST report required by Section 5501(b) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (P.L. 116-315) to extend reporting until the sunset date (from through 2027) and to include findings from the most recent review, such as elements reviewed, claims returned for reprocessing, and claims with changed service-connection or entitlement decisions.

This section establishes a workgroup, not later than 90 days after enactment, on medical examinations for Veterans Affairs (VA) disability compensation claims under 38 U.S.C. ch. 11 for disabilities relating to military sexual trauma (MST), with membership including VA operations center staff for MST, Medical Disability Examination Office staff, experienced veterans service officers and medical examiners, Veterans Experience Office staff, and others as appropriate. Not later than 180 days after enactment, the workgroup must (1) review the quality of such examinations, (2) assess the feasibility of minimizing re-examinations for MST-related conditions, and (3) submit recommendations to the Under Secretary for Benefits and VA Secretary on eliminating re-traumatization of claimants and reducing overdevelopment of claims. Not later than one year after enactment, the VA Secretary must submit to Congress a report containing the workgroup's views on re-traumatization efforts, legislative proposals to improve claimant experiences, the recommendations, and an implementation plan; the Under Secretary and Secretary must also review the recommendations and implement those deemed to improve the claims process.

This section expands eligibility for counseling, care, and services under the Department of Veterans Affairs (VA) military sexual trauma program to former members of the reserve components of the Armed Forces who served on active duty, active duty for training, or inactive duty training and were discharged or released under conditions not subject to a bar to benefits (e.g., other than by court-martial without an exception or under 38 U.S.C. 5303). (As background, the program provides such services to treat conditions resulting from military sexual trauma incurred while serving on duty, regardless of duty status or line-of-duty determination.) The section also revises subsections (a)(1) and (a)(2)(A) to refer to conditions resulting from "military sexual trauma"; strikes former subsections (f) and (g); and adds a new subsection (f) defining "former member of the Armed Forces," "military sexual trauma" (i.e., a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment while serving on duty), and "sexual harassment" (i.e., unsolicited verbal or physical contact of a sexual nature that is threatening in character).

This section requires the Secretary of Veterans Affairs, not later than 14 days after a veteran submits a disability compensation claim to the Veterans Benefits Administration for a disability related to military sexual trauma, to send the veteran contact information and assistance descriptions for the nearest military sexual trauma coordinators at the Veterans Benefits Administration and Veterans Health Administration; eligible Department services (including nearest Vet Centers); the Veterans Crisis Line; and other appropriate resources.

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 MST investigative reports documenting incidents for which the individual was the victim. Service academies include the U.S. Military, Naval, Air Force, Coast Guard, and Merchant Marine Academies. MST is defined by reference to eligibility standards for VA health care (per new section 1720D(f)) and compensation (per new section 1166A(i)).