Servicemembers and Veterans Empowerment and Support Act of 2023

Servicemembers and Veterans Empowerment and Support Act of 2023

This bill modifies and implements policies and procedures related to Department of Veterans Affairs (VA) health care and benefits for veterans who have experienced military sexual trauma (MST), which is generally defined as physical assault of a sexual nature, battery of a sexual nature, or sexual harassment that occurred while the veteran was serving in the military.

In the case of any veteran who claims that a covered mental health condition (e.g., post-traumatic stress disorder) based on MST was incurred or aggravated by active service, the VA must consider (1) a diagnosis of the condition by a mental health professional, (2) a medically proven link between current symptoms and MST, and (3) credible supporting evidence that MST occurred.

The VA may not deny a veteran's claim of compensation for a covered mental health condition based on MST without first (1) advising the veteran that nonmilitary evidence and behavioral evidence may constitute credible corroborating evidence, and (2) allowing the veteran an opportunity to furnish the corroborating evidence or advise the VA of potential sources of such evidence.

The Veterans Benefits Administration must conduct an annual special focus review on the accuracy of the processing of claims for disability compensation for disabilities relating to MST.

Additionally, the bill (1) expands access to mental health care at VA facilities for survivors of MST, and (2) requires the Government Accountability Office to report on access to such care for MST survivors.