Fairness for Veterans Act of 2016

Fairness for Veterans Act of 2016

This bill addresses medical evidence reviews in the case of: (1) a former member of the Armed Forces who was deployed in a contingency operation and subsequently diagnosed as suffering from post-traumatic stress disorder or traumatic brain injury as a consequence of such deployment, or (2) a former member whose application for relief from the terms of his or her military discharge is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury related to combat or military sexual trauma.

Any board of review shall:

• review medical evidence of the Department of Veterans Affairs or a civilian health care provider presented by the former member, and
• review the case with a rebuttable presumption in favor of the former member that post-traumatic stress disorder or traumatic brain injury materially contributed to the circumstances resulting in the discharge of a lesser characterization.