WASHINGTON, D.C. – Today, Congressman Brad Finstad (MN-01) introduced the Better Examiner Standards and Transparency for Veterans (BEST for Vets) Act, which would ensure that all medical disability examinations (MDEs) performed at or on behalf of the Department of Veterans Affairs (VA) are conducted by only licensed healthcare professionals.

MDEs are critical baseline assessments for determining the healthcare and benefits provided by the Department of Veterans Affairs, and they serve as a touchpoint between veterans and the VA.

“Right in our backyard, we have seen cases in which veterans are misdiagnosed or underrated due to faulty medical disability examinations. Inaccurate initial exams can force veterans to have to cut through unnecessary red tape to receive the care and benefits they have rightfully earned and deserve,” said Rep. Finstad. “The BEST for Vets Act is a step in the right direction to ensure that only properly trained, licensed health care providers are conducting MDEs; making certain that the VA delivers the very best quality of care owed to those who served our country.”

The BEST for Vets Act is endorsed by the American Legion, Disabled American Veterans, Paralyzed Veterans of America, Veterans of Foreign Wars, and the Wounded Warrior Project.

“VA compensation and pension exams are vital to the disability claims process in determining the existence of current conditions and whether or not a veteran’s illness or injury is related to their military service. In many cases, C&P exams are the linchpin to establish or deny a claimed benefit. That’s why it’s so important that licensed health care professionals conduct these exams. DAV is proud to support the BEST for Vets Act and we very much appreciate Rep. Finstad’s leadership in introducing this important legislation to ensure our nation’s veterans are afforded professional opinions at the onset of their claims,” said Jim Marszalek, National Service Director, Disabled American Veterans.

“PVA strongly believes medical examinations for complex, service-related medical conditions like spinal cord injuries or disorders should be conducted by a medical practitioner working directly for the Veterans Health Administration. Too often, however, that is not the case, and we support the BEST for Vets Act which requires VA to ensure contracted health care providers who perform VA compensation and pension examinations are qualified to conduct them,” said Heather Ansley, Chief Policy Officer, Paralyzed Veterans of America.

“The VFW supports the Better Examiner Standards and Transparency for Veterans Act of 2023 which would ensure that only licensed health care professionals furnish disability examinations under a certain Department of Veterans Affairs pilot program for use of contract physicians for disability examinations,” said VFW Associate Director Meggan Thomas. “VFW believes that examinations should be conducted by licensed health care professionals to ensure that the veteran is getting the most accurate examinations for their disability claim. Inaccurate examinations have the potential to add lengthy appeals and the veteran should not be subjected to unnecessary delays. The VFW commends Representative Finstad for leading on this issue.”

Background:

Reports have shown that unlicensed medical professionals, such as those who have had their medical licenses revoked, are performing MDEs on behalf of the VA as contractors. The BEST for Vets Act would ensure that veterans are receiving the best health care by establishing statutory licensing requirements for contractors who are working on behalf of the VA. Senator Marco Rubio (R-FL) and Senator Kirsten Sinema (I-AZ) introduced companion legislation in the U.S. Senate.

Specifically, the BEST for Vets Act would:

1. Ensure that medical professionals as defined by current law are the only ones able to perform MDEs on behalf of the VA.
2. Require the VA Secretary take action to ensure that only licensed health care providers are conducting MDEs.
3. Require the VA Secretary submit a yearly report to Congress on: (1) the conduct of the pilot program allowing MDEs to be performed by contract health care providers; and (2) the actions of the Secretary to ensure only contract providers who meet the statutory licensure requirements are conducting MDEs on behalf of the VA.

Full text of the legislation can be found here.