When Will Disability Benefits Questionnaires Be OFFICIALLY BACK?
SEC. 2006. PUBLICATION AND ACCEPTANCE OF DISABILITY BENEFIT QUESTIONNAIRE FORMS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.—Section 5101 of title 38, United States Code, is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection (d):
“(d) (1) The Secretary shall publish in a central location on the internet website of the Department—
“(A) the disability benefit questionnaire forms of the Department for the submittal of evidence from non-Department medical providers regarding a disability of a claimant, including any form or process that replaces any such disability benefit questionnaire form; and
“(B) details about the process used by the Department for submittal of evidence described in subparagraph (A).
“(2) Subject to section 6103 of this title, if the Secretary updates a form described in paragraph (1)(A), the Secretary shall—
“(A) accept the previous version of the form filed by a claimant if—
“(i) the claimant provided to the non-Department medical provider the previous version of the form before the date on which the updated version of the form was made available; and
“(ii) the claimant files the previous version of the form during the one-year period following the date the form was completed by the non-Department medical provider;
“(B) request from the claimant (or from a non-Department medical provider if the claimant has authorized the provider to share health information with the Secretary) any other information that the updated version of the form requires; and
“(C) apply the laws and regulations required to adjudicate the claim as if the claimant filed the updated version of the form.
“(3) The Secretary may waive any interagency approval process required to approve a modification to a disability benefit questionnaire form if such requirement only applies by reason of the forms being made public.”.
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