To direct the Secretary of Veterans Affairs to assign a temporary disability rating to certain members of the Armed Forces upon separation, and for other purposes.
Mr. DONNELLY (for himself and Mr. UPTON) introduced the following bill; which was referred to the Committee on Veterans' Affairs
To direct the Secretary of Veterans Affairs to assign a temporary disability rating to certain members of the Armed Forces upon separation, and for other purposes.
(a) In General- For purposes of the laws administered by the Secretary of Veterans Affairs, at the request of an eligible member of the Armed Forces, the Secretary shall assign to that member a temporary disability rating of 30 percent upon the date of such member's separation from the Armed Forces, or in the case of an eligible member of the Armed Forces who has received a medical diagnosis of post traumatic stress disorder or traumatic brain injury, upon receipt of such diagnosis.
(b) Assignment of Permanent Disability Rating- Upon the assignment of a permanent disability rating to an eligible member of the Armed Forces who has received a temporary disability rating under subsection (a)--
(1) if such permanent disability rating is more than 30 percent, for each month that the member received a disability compensation payment under chapter 11 of title 38, United States Code, the Secretary of Veterans Affairs shall make a payment to the member in an amount equal to the difference between the amount the member actually received for that month and the amount the member would have received if the member had been assigned the member's permanent disability rating; and
(2) if such permanent disability rating is less than 30 percent, the member shall not be required to make any payment to the Secretary for any benefit provided during the period of time for which the member was assigned the temporary disability rating.
(c) Relation to Severance and Separation Pay- A payment of disability compensation received by an eligible member of the Armed Forces who receives a temporary disability rating under subsection (a) is not subject to offset even though the member also receives separation pay under section 1174 of title 10, United States Code, or disability severance pay under section 1212 of such title.
(d) Eligible Member of the Armed Forces- For purposes of this Act, an eligible member of the Armed Forces is a member of the Armed Forces who--
(1) served on active duty in support of Operation Iraqi Freedom or Operation Enduring Freedom;
(2) has not received a disability rating from the Secretary of Veterans Affairs for the disability for which the member requests a temporary disability rating;
(3) is not authorized for pre-stabilization benefits under 38 C.F.R. 4.28;
(4) has submitted to the Secretary of Veterans Affairs a claim for disability compensation under laws administered by the Secretary of Veterans Affairs for the disability for which the member requests the temporary disability rating but has not received such compensation; and
(5) is separated from the Armed Forces--
(A) pursuant to section 1201 of title 10, United States Code; or
(B) under conditions other than dishonorable and has--
(i) been determined by the Secretary of Defense to have a disability with a rating of at least 10 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination; or
(ii) received a medical diagnosis of post traumatic stress disorder or traumatic brain injury.
(e) Responsibilities of Secretary of Defense- The Secretary of Defense shall--
(1) not later than 30 days before the date on which the Secretary anticipates that an eligible member of the Armed Forces will separate from the Armed Forces, notify the Secretary of Veterans Affairs of that date; and
(2) before the date on which the Secretary anticipates that an eligible member of the Armed Forces will separate from the Armed Forces, transmit to the Secretary of Veterans Affairs the medical and service records of that member.
(f) Treatment of Anticipated Separation Date- For purposes of providing benefits under the laws administered by the Secretary of Veterans Affairs, the Secretary may use the anticipated date of separation provided to the Secretary under subsection (e)(1).
(g) PTSD and TBI Registry- The Secretary of Veterans Affairs shall establish a post traumatic stress disorder and traumatic brain injury registry and shall include in the registry all eligible members of the Armed Forces who request a temporary disability rating under this section who have been diagnosed with post traumatic stress disorder or traumatic brain injury.
(h) Termination- The authority of the Secretary of Veterans Affairs to assign a temporary disability rating under this section shall expire on the date that is five years after the date of the enactment of this Act.
U.S. Congress - Text of H.R.4219 as Introduced in House Immediate Benefits for Wounded Warriors Act of 2007
