U.S. Code » Title 38 » Part PART V— BOARDS, ADMINISTRATIONS, AND SERVICES › Chapter CHAPTER 73— VETERANS HEALTH ADMINISTRATION—ORGANIZATION AND FUNCTIONS › Subchapter SUBCHAPTER II— GENERAL AUTHORITY AND ADMINISTRATION

38 U.S.C. § 106

REPORT ON ACCESS TO AND QUALITY OF MAMMOGRAPHY SCREENINGS FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS.

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“(a)In General.—Not later than two years after the date of the enactment of this Act [June 7, 2022], the Inspector General of the Department of Veterans Affairs shall submit to the Secretary of Veterans Affairs, the Committee on Veterans’ Affairs of the Senate, and the Committee on Veterans’ Affairs of the House of Representatives a report on mammography services furnished by the Department of Veterans Affairs.“(b)Elements.—The report required by subsection (a) shall include an assessment of—“(1) the access of veterans to mammography screenings, whether at a facility of the Department or through a non-Department provider, including any staffing concerns of the Department in providing such screenings;“(2) the quality of such screenings and reading of the images from such screenings, including whether such screenings use three-dimensional mammography;“(3) the communication of the results of such screenings, including whether results are shared in a timely manner, whether results are shared via the Joint Health Information Exchange or another electronic mechanism, and whether results are incorporated into the electronic health record of the veteran;“(4) the performance of the Women’s Breast Oncology System of Excellence of the Department; and“(5) the access of veterans diagnosed with breast cancer to a comprehensive breast cancer care team of the Department.“(c)Follow-Up.—Not later than 180 days after the submittal of the report under 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 plan to address the deficiencies identified in the report under subsection (a), if any.
Notes of Decisions
Cited in 11 cases, 1987–2020 · leading case: Fogel v. Dep't of Def., 169 F. Supp. 2d 140 (E.D.N.Y 2001).
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Fogel v. Dep't of Def., 169 F. Supp. 2d 140 (E.D.N.Y 2001). · cites it 17× “38 U.S.C. § 106 (a). The Act also provided the Secretary of Defense with the authority to grant veteran status to “any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States.”
Schumacher v. Aldridge, 665 F. Supp. 41 (D.D.C. 1987). · cites it 2× “1449 (1977) (codified at 38 U.S.C. § 106 note) authorizes the Secretary to recognize the “active military service” of certain groups of individuals who engaged in activities related to World War II.”
William E. Frasure , Jr. v. Anthony J. Principi, 18 Vet. App. 379 (Vet. App. 2004). · cites it 2× “1433 , 1449-50 (found at 38 U.S.C. § 106 (note)) [hereinafter Public Law 95-202 § 401 or § 401], as a “veteran” who was eligible for VA compensation benefits because the period of his oceangoing service did not occur between December 7, 1941, and August 15, 1945.”
Meeks v. West, 13 Vet. App. 40 (Vet. App. 1999). “There are also numerous references to the determining or the granting or presuming of service connection, without reference to compensation, made in several statutory provisions in chapter 11 and a few outside it.”
Todd Shipyards Corp. v. Dir., Off. of Workers' Comp. Programs, 848 F.2d 125 (9th Cir. 1988). · cites it 2× “Another example is 38 U.S.C. § 106 (a)(1) and (2), which requires individuals falling under that subsection to “elect which benefit [they] will receive”, if they are entitled to compensation from both the VA and FECA for the same service.”
00-16 910 (Board of Vet. App. 2017). “See 38 U.S.C.A. § 106 (d)(1); 38 C.F.R. § 3.6 (e).”
191118-44570 (Board of Vet. App. 2020). “38 U.S.C. § 106 (d); 38 C.F.R. § 3.6 (e).”
181113-854 (Board of Vet. App. 2020). “38 U.S.C. § 106 (d); 38 C.F.R. § 3.6 (e).”
Frasure, Jr. v. Nicholson, 156 F. App'x 325 (Fed. Cir. 2005). “Additionally, Frasure contends that the Veterans Court decision is premised on a misinterpretation of 38 U.S.C. § 106 , note. Section 106 is the source of Congressional authority for recognition of certain civilian groups as having “veteran” status for purposes of Title 38.”
Smith v. Off. of Pers. Mgmt., 593 F. App'x 985 (Fed. Cir. 2014). “1449 (1977) (codified at 38 U.S.C. § 106 note); 32 C.F.R. § 47.1 (b); OPM Handbook § 20A2.”
Hogwood v. Principi, 3 Vet. App. 409 (Vet. App. 1992). “1449 (1977) (codified at 38 U.S.C. § 106 (note)) (authorizing the Secretary of Defense to recognize as active military service the service of certain groups of individuals whose activities assisted the armed forces during World War II); see 38 C.”
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