The Departments
of Veterans Affairs (VA) and Defense (DoD) have a shared responsibility
to ensure the highest quality of service is delivered efficiently,
compassionately, and with minimal inconvenience to our Service Members
in the DoD and VA Disability Evaluation System (DES). The Service
Member’s experience when participating in the DoD and VA DES will
be that the individual is dealing with one Federal health care system
or agency. To facilitate these goals, this Memorandum of Agreement
(MOA) establishes expected roles, procedures, and outcomes for VA
and DoD regarding the processing of Compensation and Pension (C&P)
disability examination requests. It also addresses the reimbursement procedures
for these examinations.
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1.
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Roles.
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A.
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VA
will:
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1) Maintain
those components of the VA Compensation and Pension examination
system necessary to ensure objective assessment of disabilities
of Service Members identified by Military Health System (MHS) personnel
as requiring a Medical Evaluation Board (MEB) as part of the DES.
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2) Conduct C&P
examinations as requested in the DES for both medical conditions
to be considered as the basis of fitness for duty determination,
and for those claimed by the Service Member.
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3) Bill the
MHS via the appropriate Regional TRICARE contractors, for those
services which are related to medical conditions to be considered
as the basis of fitness for duty determination.
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B.
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DoD
will:
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1) Identify
to VA those Service Members requiring a MEB, and the medical conditions
which may render a Service Member unable to fully perform assigned
duties or causes them to fall below Service medical retention standards
via completion of Section I of the VA Form 21-0819, VA/DoD Joint
Disability Evaluation Board Claim.
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2) Reimburse
VA for C&P services related to DoD-identified medical conditions
to be considered as the basis of evaluation for fitness for duty.
The services covered will include a C&P General Medical Examination
and other C&P examination services related to medical conditions
in Section I of the VA Form 21-0819. Additional conditions may be
found later in the DES process that may also be used for determination
of fitness. Authorization process for conditions identified in Section
I of VA Form 21-0819 is discussed in Attachment D.
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2.
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Procedures.
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A.
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A DES program
oversight contact (POC) will be appointed at each TRICARE Regional
Office (TRO), VA Regional Office (VARO), VA Medical Center/Facility
and Military Treatment Facility (MTF). The DES oversight official
duty may be a collateral duty.
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B.
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The DoD
DES health care provider will determine the conditions that may
render the Service Member unable to meet Service medical retention
standards or call into question the member’s ability to continue
military service. The DoD DES health care provider will annotate these
conditions in Section I of VA Form 21-0819 (Attachment A), under
“MEDICAL CONDITIONS TO BE CONSIDERED AS THE BASIS OF FITNESS FOR
DUTY DETERMINATION.”
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C.
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The VA
Military Services Coordinator (MSC) will coordinate with the Service
Member and identify any additional conditions the member may wish
to claim for purposes of VA compensation and/or pension. The MSC
will annotate these conditions in Section III, Field 8 of the VA
Form 21-0819, Additional Conditions. Upon completion of the VA Form
21-0819, the VA MSC will provide the completed form to the local
VA medical center billing office.
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D.
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VA will
use the Compensation and Pension Record Interchange (CAPRI) examination
request system when possible to transmit data regarding the request,
scheduling, completion, and reporting of C&P examinations so
that VA and DoD will have notice of C&P examination data and
reports. VA and DoD will operate in a provider-to-provider relationship.
Transmission of data which cannot be accommodated in CAPRI, such
as photocopies of health care documentation, will be resolved on
a facility-to-facility basis. All examination requests entered into
CAPRI will, at a minimum:
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1) State the
examination is for a Service member in the DES.
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2) Identify
specific C&P examination(s) required.
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3) Identify
specific condition(s) to be evaluated in each C&P examination.
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E.
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VA will
report to the DoD MTF representative the C&P examinations required
by the Service Member for evaluation of conditions in Section I
of VA Form 21-0819. DoD will use the Military Health System referral
management system to transmit an authorization for the VA-reported C&P
services to the appropriate Regional TRICARE contractor as outlined
in Attachment B. The contractor will in turn transmit the authorization
to the appropriate VA medical facility billing office.
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F.
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Based on
findings at the time of the C&P examination and the instructions
on the requested Automated Medical Information Exchange (AMIE) worksheet,
the Service Member may need to undergo additional examinations.
VA will conduct C&P examinations and those other ancillary services
needed to complete the C&P examinations for the DES.
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G.
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DoD and
VA will promote the use of approved templates to provide the requested
information.
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H.
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Selected examinations
may be conducted using telemedicine technology (a telephonic contact
with the Service Member and/or video contact with the Service Member)
when clinically and administratively appropriate.
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I.
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Billing.
VA will bill the appropriate regional TRICARE contractor for C&P
examination health services related to medical conditions identified
in VA Form 21-0819, section I. VA Billing Procedures are contained
in Attachment B. Electronic billing is desired and should be used when
practical.
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J.
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Reimbursement.
MHS (TRICARE) will reimburse VA for a C&P General Medical Examination, examinations
provided for evaluation of medical conditions identified in VA Form
21-0819, Section I, and ancillary services.
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K.
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VA and
DoD, working cooperatively, will make every effort to process claims
and resolve issues identified by the other agency in a timely manner.
If VA and DoD cannot resolve the issue, it will be forwarded to
the Health Executive Committee (HEC) Financial Management Workgroup
for final resolution.
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3.
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Outcomes.
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A.
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Complete
C&P examination reports will be available in CAPRI and the Bidirectional
Health Information Exchange (BHIE). On average, these reports will
be provided by VA and if available, in CAPRI/BHIE, 35 calendar days
from the date VA registers as received a properly completed request
for examination(s). Complete C&P examination reports include
all necessary laboratory and ancillary test results. The C&P
examination reports will, at a minimum:
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1) Provide the
required information from the requested AMIE worksheet(s) and the
additional exams identified during the initially ordered C&P
examinations.
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2) Provide
data that will meet DoD/VA DES requirements as documented in the
C&P disability examination worksheets, provide results of any
additional examinations identified later in the DES process, and
adequately address any matters identified in the request for a medical opinion.
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B.
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Reports.
The following reports will be based on the claims submitted to the
appropriate Regional TRICARE contractor during the reporting time.
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1) On a
monthly basis, VA Compensation and Pension Examination Program (CPEP)
will prepare C&P timeliness reports listing facility processing
times. The C&P timeliness reports will be posted/shared with
the MHS and TRO program officials.
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2) On a
quarterly basis VA will produce a data file of examinations and
services provided to Service Members in the DES whose exams have
been completed by VA. The file will be shared with the MHS and TRO
program officials.
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4.
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Accountability
and Funding:
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A.
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VA will
submit a bill to MHS through the TRICARE Managed Care Support (MCS)
contracts. VA will bill for C&P examinations and ancillary services
associated with the medical conditions which may render a Service
Member unable to fully perform assigned duties and/or are to be considered
as the basis of fitness for duty determination as listed in Section
I of the VA Form 21-0819.
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B.
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Neither
VA nor DoD will bill the Service Member for these C&P examinations
and ancillary services as all examinations and services rendered
in the DES are authorized and provided by either DoD or VA.
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C.
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At the
present time, the Current Procedural Terminology (CPT) code 99456
does not have a CHAMPUS Maximum Allowable (CMAC) rate. DoD will
pay VA the national reasonable charges amount for each exam for
CPT code 99456. Ancillary services will be reimbursed based on CMAC
less ten percent. Upon agreement of the HEC Financial Management
Working Group, and with a minimum two-month advance notification
to the contractors, billing procedures may be changed effective
annually, on or about 1 January.
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D.
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VA and
DoD will audit services provided and billed quarterly to ensure
all C&P examinations and services for which DoD paid were for
conditions annotated in Section I of VA Form 21-0819.
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E.
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C&P
examinations and services for conditions claimed in Section III
of VA Form 21-0819 will be funded by VA appropriations.
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5.
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Effective
Date, Terms of Modification and Termination:
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A.
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This
agreement provides a framework for VA facilities and MTFs to develop
local agreements that will address more specific information on
operations to implement this program. All local agreements addressing
the DoDNA DES shall refer to this MOA.
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B.
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Requests
for modification of this agreement will be submitted in writing
from one party to the other, not less than 60 days prior to the
desired effective date of such modification.
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C.
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An annual
review of this agreement, including rate structure, will be conducted
by both parties to ensure compliance with each Departments’ policies.
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D.
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This agreement
will be renewed automatically on its anniversary date unless either
party gives a written 90-day notice of termination or a new agreement
is implemented. The provisions are in effect until it is superseded
by a new MOA or terminated.
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E.
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The provisions
of this agreement are effective 30 days from the date both approving
signatures have been affixed.
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6.
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Authority: This
MOA is entered into under the authority of titles 10 and 38, United
States Code (USC), including sections 513 and 8111 of title 38 and
chapters 55 and 61 of title 10.
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7.
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Associated
Memoranda of Understandings (MOU): A separate MOU exists
and must be consulted regarding processing of Benefits Delivery
at Discharge (BDD) exams.
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8.
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Approvals:
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Department
of Veterans Affairs
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Department
of Defense
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Attachments:
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A)
B)
C)
D)
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VA Form 21-0819
VA
Billing Guidance
CMS -1500 Example
DoD
Referral Guidance
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ATTACHMENT
A: VA Form 21-0819 (June 2009)
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