MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES WHO DIE OF COVID–19.

SEC. 202. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES WHO DIE OF COVID–19.(a) In General.—The Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met:136 STAT. 5448 (1) A claim for compensation is filed under chapter 13 of title 38, United States Code, with respect to a veteran with one or more service-connected disabilities who dies. (2) The death certificate for the veteran identifies Coronavirus Disease 2019 (COVID–19) as the principal or contributory cause of death. (3) The death certificate does not clearly identify any of the service-connected disabilities of the veteran as the principal or contributory cause of death. (4) A service-connected disability of the veteran includes a condition more likely to cause severe illness from COVID–19 as determined by the Centers for Disease Control and Prevention. (5) The claimant is not entitled to benefits under section 1318 of such title. (6) The evidence to support the claim does not result in a preliminary finding in favor of the claimant. (b) Outreach.—The Secretary shall provide information to veterans, dependents, and veterans service organizations about applying to dependency and indemnity compensation when a veteran dies from COVID–19. The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms. (c) Annual Report.—(1) In general.—Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, 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 effects of the requirement to secure medical opinions pursuant to such subsection on dependency and indemnity compensation benefits under chapter 13 of title 38, United States Code. (2) Contents.—Each report submitted under paragraph (1) shall include, with respect to the year for which the report is submitted, the following:(A) The total number of dependency and indemnity compensation claims filed. (B) The number and percentage of dependency and indemnity compensation claims for which a disposition has been made, disaggregated by whether the disposition was a grant, denial, deferral, or withdrawal. (C) The accuracy rate for all dependency and indemnity compensation claims. (D) The total number of covered claims filed. (E) The number and percentage of covered claims for which a disposition has been made, disaggregated by whether the disposition was a grant, denial, deferral, or withdrawal. (F) The accuracy rate for covered claims. (G) The total number and cost of medical opinions secured by the Secretary pursuant to subsection (a). (d) Study on Claims Denied Prior to Enactment.—(1) Study.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall complete a study on covered claims that were denied prior to the date of the enactment of this Act and submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs 136 STAT. 5449 of the House of Representatives a report on the findings of the Secretary with respect to such study, including a description of any improvements made as a result of such study to trainings of the Department of Veterans Affairs relating to dependency and indemnity compensation claims. (2) Methodology.—In carrying out the study under paragraph (1), the Secretary shall use a statistically valid, random sample of covered claims. (3) Elements.—The study under paragraph (1) shall include, with respect to covered claims denied prior to the date of the enactment of this Act, the following elements:(A) A review of whether the individuals processing such covered claims—(i) correctly applied applicable laws, regulations, and policies, operating procedures, and guidelines of the Department of Veterans Affairs relating to the adjudication of dependency and indemnity compensation claims; and (ii) completed all necessary claim development actions prior to making a disposition for the claim. (B) An identification of—(i) the total number of covered claims reviewed under the study; (ii) the number and percentage of such covered claims the processing of which involved errors; (iii) the top five claims processing errors and the number of such covered claims the processing of which involved any of such five errors. (e) Study on Claims Denied Following Enactment.—(1) Study.—Not later than two years after the date of the enactment of this Act, the Secretary shall complete a study on covered claims that have been denied following the date of the enactment of this Act and 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 findings of the Secretary with respect to such study, including a description of any improvements made as a result of such study to trainings of the Department of Veterans Affairs relating to dependency and indemnity compensation claims. (2) Methodology.—In carrying out the study under paragraph (1), the Secretary shall use a statistically valid, random sample of covered claims. (3) Elements.—The study under paragraph (1) shall include, with respect to covered claims denied following the date of the enactment of this Act, each of the elements specified in subsection (d)(3). (f) Covered Claim Defined.—In this section, the term “covered claim” means a dependency and indemnity compensation claim filed with respect to a veteran the death certificate of whom identifies COVID–19 as the principal or contributory cause of death.