Veterans Pro Bono Corps Act of 2021

Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence a pilot program to assess the feasibility and advisability of providing assistance to eligible recipients to establish or maintain programs that assist veterans applying for compensation under chapter 11 of title 38, United States Code, in substantiating their claims with independent medical examinations and opinions.

For purposes of the pilot program required by subsection (a), an eligible recipient is an entity that—

(1) is administering a medical residency or medical fellowship program in the United States or a territory of the United States; and

(2) is accredited by a nationally recognized accrediting agency.

The Secretary shall carry out the pilot program required by subsection (a) during the five-year period beginning on the date of the commencement of the pilot program.

The Secretary shall carry out the pilot program required by subsection (a) through the award of grants to eligible recipients to establish or maintain programs as described in such subsection.

The Secretary shall establish a competitive process for the award of the grants under the pilot program required by subsection (a).

In awarding grants under the pilot program required by subsection (a), the Secretary may give preference to an eligible recipient located in a rural area or an underserved area.

Each eligible recipient receiving a grant under the pilot program required by subsection (a) shall use the grant to establish or maintain a program as described in such subsection in which medical residents or fellows provide pro bono medical examinations and opinions for the purposes described in such subsection.

For each program established or maintained with amounts from a grant under the pilot program—

(A) medical residents and fellows shall practice under the supervision of attending physicians in accordance with such supervisory requirements as the Secretary shall prescribe in regulations;

(B) each attending physician providing such supervision shall be in good standing with the medical licensing board of each State in which the attending physician is licensed;

(C) each medical resident and fellow shall be in good standing with—

(i) the program established or maintained with amounts from the grant; and

(ii) the medical licensing board of each State in which the resident or fellow is licensed;

(D) each medical resident, fellow, and attending physician shall undergo training that is substantially the same as or equivalent to training required for medical examiners of the Veterans Health Administration or contractors of the Department who conduct medical examinations for purposes of supporting claims for compensation under chapter 11 of title 38, United States Code;

(E) medical residents shall be in their second year or later of a medical residency;

(F) the program shall not charge veterans fees for the services provided;

(G) the program shall screen individual applicants who are veterans using such income eligibility criteria as the Secretary shall prescribe in regulations;

(H) the recipient of the grant shall, on an annual basis, provide the Secretary with an accounting of how the recipient has used and allocated grant funds; and

(I) the program shall meet such other criteria as the Secretary may prescribe in regulations.

The Secretary shall provide to each recipient of a grant under the pilot program required by subsection (a) all current disability benefits questionnaire forms of the Department of Veterans Affairs.

Not later than 180 days after the date of the enactment of this Act, the Secretary shall, in partnership with veterans service organizations, implement an informative outreach program for veterans regarding the availability of services from programs established or maintained under the pilot program required by subsection (a).

Participation by any veteran in the pilot program required by subsection (a) shall be voluntary.

Nothing in this section shall be construed to invalidate or replace the right of a veteran to a medical examination provided by an employee or contractor of the Department of Veterans Affairs under section 5103A(d) of title 38, United States Code.

Not less frequently than once each year for the duration of the pilot program required by subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the pilot program.

To the extent feasible, each report submitted under paragraph (1) shall include the following:

(A) The average time to complete medical examinations and opinions under the pilot program during the period covered by the report.

(B) The number of medical examinations and opinions completed under the pilot program during such period.

(C) The number of veterans served under the pilot program during such period.

(D) The number of cases during such period in which personnel of the Veterans Benefits Administration or the Board of Veterans’ Appeals found a medical examination or opinion under the pilot program to be inadequate for purposes of adjudicating a claim for compensation under chapter 11 of title 38, United States Code.

(E) An analysis by the Secretary regarding the operational effectiveness and cost-effectiveness of the services provided under the pilot program.

(F) Such suggestions as the Secretary may have for legislative or administrative action to improve the pilot program.

In this section:

The term rural area means an area classified as rural by the Bureau of the Census.

The term underserved area means an area that meets one or more of the following criteria:

(A) The area has a high proportion of individuals who have limited access to health care.

(B) The area has a high proportion of individuals who have limited access to legal services.

The term veterans service organization means an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.