S 2674
110th CONGRESS
2d Session
S. 2674
To amend titles 10 and 38, United States Code, to improve and
enhance procedures for the retirement of members of the Armed Forces
for disability and to improve and enhance authorities for the rating
and compensation of service-connected disabilities in veterans, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
February 28, 2008
Mr. BURR introduced the following bill; which was read twice and referred
to the Committee on Veterans' Affairs
A BILL
To amend titles 10 and 38, United States Code, to improve and
enhance procedures for the retirement of members of the Armed Forces
for disability and to improve and enhance authorities for the rating
and compensation of service-connected disabilities in veterans, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `America's Wounded Warriors
Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--RETIREMENT OF MEMBERS OF THE ARMED FORCES FOR DISABILITY
Sec. 101. Retirement for disability of members of the Armed Forces
after implementation of enhanced Department of Veterans Affairs disability
compensation system.
Sec. 102. Continuation of respite care and aid and other extended
care benefits for members of the uniformed services who incur a serious
injury or illness on active duty.
Sec. 103. Eligibility for medical and dental care of members of the
Armed Forces retired after implementation of enhanced Department of
Veterans Affairs disability compensation system.
TITLE II--COMPENSATION OF VETERANS FOR SERVICE-CONNECTED DISABILITY
Sec. 201. Study on veterans disability compensation.
Sec. 202. Study on veterans transition benefits.
Sec. 203. Study on measures to assist and encourage veterans in the
completion of their vocational rehabilitation plans.
Sec. 204. Proposal on veterans disability compensation and veterans
transition benefits.
Sec. 205. Congressional consideration of proposal.
Sec. 206. Effective date of implementation of enhanced Department
of Veterans Affairs disability compensation system.
Sec. 207. Enhanced Department of Veterans Affairs disability compensation
system.
Sec. 208. Supplemental survivor benefit for survivors of veterans
retired for disability after implementation of enhanced Department
of Veterans Affairs disability compensation system.
TITLE I--RETIREMENT OF MEMBERS OF THE ARMED FORCES FOR DISABILITY
SEC. 101. RETIREMENT FOR DISABILITY OF MEMBERS OF THE ARMED FORCES
AFTER IMPLEMENTATION OF ENHANCED DEPARTMENT OF VETERANS AFFAIRS DISABILITY
COMPENSATION SYSTEM.
(a) In General- Chapter 61 of title 10, United States Code, is amended--
(1) by inserting before section 1201 the following:
`SUBCHAPTER I--RETIREMENT OR SEPARATION BEFORE IMPLEMENTATION OF ENHANCED
DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM
`Sec. 1200. Applicability of subchapter: members retired or separated
before implementation of enhanced Department of Veterans Affairs disability
compensation system; certain members on temporary disability retired
list as of implementation of enhanced Department of Veterans Affairs
disability compensation system
`(a) In General- Except as provided in subsection (b), this subchapter
applies to the retirement or separation for disability of members as
follows:
`(1) Members who are eligible for retirement for disability or separation
for disability before the effective date of the implementation of
the enhanced Department of Veterans Affairs disability compensation
system under chapter 12 of title 38 (as determined in accordance with
section 206 of the America's Wounded Warriors Act).
`(2) Members on the temporary disability retired list as of the effective
date of the implementation of the enhanced Department of Veterans
Affairs disability compensation system who--
`(A) are eligible for retirement under the provisions of subchapter
II in accordance with section 1206c of this title; but
`(B) do not elect to retire under the provisions of subchapter II
as otherwise provided in section 1206c of this title.
`(b) Inapplicability to Certain Members- For provisions relating to
the applicability of subchapter II to the retirement for disability
of certain members otherwise covered by this subchapter under subsection
(a)(1), see section 1206b of this title.';
(2) by transferring section 1206a to appear after section 1207a and
redesignating such section, as so transferred, as section 1207b; and
(3) by inserting after section 1206 the following:
`SUBCHAPTER II--RETIREMENT AFTER IMPLEMENTATION OF ENHANCED DEPARTMENT
OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM
`Sec. 1206a. Applicability of subchapter: members retired on or after
implementation of enhanced Department of Veterans Affairs disability
compensation system
`(a) In General- This subchapter applies to the retirement of members
for disability (including the placement of members on the temporary
disability retired list in accordance with section 1206e of this title)
on or after the effective date of the implementation of the enhanced
Department of Veterans Affairs disability compensation system (as determined
in accordance with section 206 of the America's Wounded Warriors Act).
`(b) Exclusive Application- Members eligible for retirement under this
subchapter by reason of this section are not eligible for retirement
or separation under subchapter I.
`Sec. 1206b. Applicability of subchapter: certain members retired
on or after October 7, 2001, but before implementation of enhanced Department
of Veterans Affairs disability compensation system
`(a) Election of Applicability- (1) During such period as the Secretary
of Defense shall prescribe for purposes of this section, a former member
described in subsection (b) may elect to retire under this subchapter
in lieu of retirement under the provisions of this chapter as in effect
on the day before the effective date of the implementation of the enhanced
Department of Veterans Affairs disability compensation system (as determined
in accordance with section 206 of the America's Wounded Warriors Act).
`(2) Each election under this subsection shall be executed in such form
and manner as the Secretary of Defense shall prescribe for purposes
of this section.
`(3) Any election made under this subsection is irrevocable.
`(b) Covered Former Members- A former member described in this subsection
is any former member who, during the period beginning on October 7,
2001, and ending on the day before the effective date of the implementation
of the enhanced Department of Veterans Affairs disability compensation
system, is retired under the provisions of this chapter as in effect
before the effective date of the implementation of the enhanced Department
of Veterans Affairs disability compensation system.
`(c) Treatment of Former Members Making Elections- (1) Effective as
of the date of the correction of the military records of such former
member under subsection (d), each former member who makes an election
under subsection (a) shall be deemed to have been retired under this
subchapter, with retired pay computed under section 1401 of this title
(as in effect after the effective date of the implementation of the
enhanced Department of Veterans Affairs disability compensation system),
rather than to have been retired under the provisions of this chapter
as in effect before the effective date of the implementation of the
enhanced Department of Veterans Affairs disability compensation system.
`(2) No benefits are available to a former member under this subchapter
for any period before the correction of the military records of the
former member under subsection (d).
`(3) The Secretary of Defense may not recoup or collect from any former
member who is retired under this subchapter pursuant to an election
under subsection (a) any amount of retired pay paid to the former member
under this chapter before the date of the effective date of the correction
of the military records of the former member under subsection (d).
`(d) Correction of Military Records- The Secretary concerned shall correct
the military records of each former member making an election under
subsection (a) to reflect that the former member is retired under the
provisions of this subchapter rather than retired under the provisions
of this chapter as in effect before the effective date of the implementation
of the enhanced Department of Veterans Affairs disability compensation
system.
`Sec. 1206c. Applicability of subchapter: members on temporary disability
retired list as of implementation of enhanced Department of Veterans
Affairs disability compensation system
`(a) Election of Applicability- (1) A member described in subsection
(b) may elect to retire under this subchapter in lieu of retirement
under the provisions of subchapter I.
`(2) Each election under this subsection shall be executed in such form
and manner as the Secretary of Defense shall prescribe for purposes
of this section.
`(3) Any election made under this subsection is irrevocable.
`(b) Covered Members- A member described in this subsection is any member--
`(1) whose name is on the temporary disability retired list as of
the effective date of the implementation of the enhanced Department
of Veterans Affairs disability compensation system (as determined
in accordance with section 206 of the America's Wounded Warriors Act);
and
`(2)(A) whose disability qualifying the member for placement on the
temporary disability retired list is determined after such effective
date by the Secretary concerned, based on accepted medical principles,
to be of a permanent nature and stable; or
`(B) whose disability is considered after such effective date by the
Secretary concerned to be of a permanent nature and stable after five
years of the placement of the member's name on the temporary disability
retired list in accordance with section 1210(b) of this title.
`(c) Timing of Election- A member eligible to make an election under
subsection (a) by reason of a determination under subparagraph (A) or
(B) of subsection (b)(2) shall make such election, if at all, during
such period after the date of the determination as the Secretary of
Defense shall prescribe for purposes of this section.
`(d) Treatment of Members Making Elections- (1) Effective as of the
date of such election, each member who makes an election under subsection
(a) shall be retired under this subchapter, with retired pay computed
under section 1401 of this title (as in effect after the effective date
of the implementation of the enhanced Department of Veterans Affairs
disability compensation system).
`(2) No benefits are available to a member under this subchapter for
any period before the election of the member under subsection (a).
`(3) The Secretary of Defense may not recoup or collect from any member
who is retired under this subchapter pursuant to an election under subsection
(a) any amount of retired pay paid to the member under this chapter
before the date of the election of the member under subsection (a).
`Sec. 1206d. Retirement
`(a) In General- Upon a determination by the Secretary concerned that
a member covered by this subchapter under section 1206a of this title
is unfit to perform the duties of the member's office, grade, rank,
or rating because of physical disability, the Secretary may, consistent
with regulations prescribed by the Secretary of Defense for purposes
of this subchapter, retire the member, with retired pay computed under
section 1401 of this title (as in effect after the effective date of
the implementation of the enhanced Department of Veterans Affairs disability
compensation system), if the Secretary concerned also makes the determinations
specified in subsection (b) with respect to the member.
`(b) Determinations- The determinations specified in this subsection
with respect to a member are determinations by the Secretary concerned
as follows:
`(1) That the disability of the member, based upon accepted medical
principles--
`(A) is of a permanent nature; or
`(B) is of uncertain permanency, such that a temporary disability
retirement under section 1206e of this title is appropriate.
`(2) That the injury, illness, or disease rendering the member unfit
was incurred or aggravated in the line of duty--
`(A) while the member was entitled to basic pay under section 204
of title 37 or compensation under section 206 of that title;
`(B) while performing active duty but not entitled to basic pay
under section 204 of title 37 or inactive-duty training; or
`(C) while engaged in an activity covered by section 1201(c)(3),
1204(2)(B), or 1204(2)(C) of this title.
`(3) That the injury, illness, or disease was not--
`(A) the result of the member's intentional misconduct or willful
neglect; or
`(B) incurred during a period of unauthorized absence.
`Sec. 1206e. Temporary disability retired list
`(a) In General- Subject to the provisions of this section, a member
covered by section 1206d(b) of this title who is described by paragraph
(1)(B) of such section shall have such member's name placed on the temporary
disability retired list, with retired pay computed under section 1401
of this title (as in effect after the effective date of the implementation
of the enhanced Department of Veterans Affairs disability compensation
system (as determined in accordance with section 206 of the America's
Wounded Warriors Act)).
`(b) Administration- (1) Subsection (a) shall be administered in accordance
with such regulations as the Secretary of Defense shall prescribe for
purposes of this section.
`(2)(A) Except as provided in subparagraph (B), the regulations prescribed
under this subsection shall provide for the applicability of the provisions
of sections 1210 and 1211 of this title to a member whose name is placed
on the temporary disability retired list under this section.
`(B) The provisions of subsections (c), (d), and (e) of section 1210
of this title shall not apply to a member whose name is placed on the
temporary disability retired list under this section.
`(3)(A) The regulations shall provide for appropriate mechanisms, applicable
uniformly across the military departments, for an annual review by the
military departments of determinations to place members' names on the
temporary disability retired list under this section in order to ensure
the accuracy and consistency of such determinations by the military
departments.
`(B) The Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives each year a
report on the results of the reviews conducted by the military departments
under subparagraph (A) during the preceding year.
`(c) Retirement- If, as a result of a periodic examination under section
1210(a) of this title or upon a final determination under section 1210(b)
of this title, it is determined that a member's physical disability
is of a permanent nature, the member's name shall be removed from the
temporary disability retired list, and the member shall be retired under
section 1206d of this title.
`Sec. 1206f. Treatment of retired pay
`(a) In General- Except as provided in subsection (b), retired pay authorized
by this subchapter shall be treated as retired pay for all purposes
under this title.
`(b) Treatment for Eligibility for Medical and Dental Care- (1) Subject
to paragraph (2), for purposes of eligibility for medical and dental
care under chapter 55 of this title, retired pay authorized a member
by this subchapter shall be treated as retired pay only in accordance
with provisions of law enacted by Congress after receipt by Congress
of the report of the Secretary of Defense on eligibility of members
retired under this subchapter for medical and dental care, as submitted
pursuant to section 103 of the America's Wounded Warriors Act.
`(2) In the event no provisions of law have been enacted by Congress
as described by paragraph (1) to specify the category or categories
of members of the armed forces retired under this subchapter who are
to be eligible for medical and dental care under chapter 55 of this
title as of the effective date of the implementation of the enhanced
Department of Veterans Affairs disability compensation system (as determined
in accordance with section 206 of the America's Wounded Warriors Act),
the category or categories of members who are to be so eligible for
such medical and dental care after that date shall be such category
or categories of members as the Secretary of Defense considers appropriate
in regulations prescribed for purposes of this subsection.
`(c) No Offset Under Duplication of Benefits- Retired pay authorized
by this subchapter is not subject to the prohibitions against duplication
of benefits under sections 5304 and 5305 of title 38.
`(d) Ineligibility for Combat-Related Special Compensation- A member
retired under this subchapter is not eligible for combat-related special
compensation under section 1413a of this title.
`Sec. 1206g. Determinations of unfitness
`(a) In General- In this subchapter, a finding of unfitness for duty
with respect to a member shall be based on determinations by the Secretary
concerned that--
`(1) the member is unfit to perform the duties of the member's office,
grade, rank, or rating because of a physical disability; and
`(2) it is unlikely that through retraining in another occupational
specialty or other preparations the member can be reassigned to other
duties the member would be fit to perform and which are consistent
with the needs of the armed force concerned.
`(b) Interservice Transfer- With the consent of a member determined
unfit for duty under subsection (a), the member may, instead of being
retired under this subchapter, be transferred under section 716 of this
title to another uniformed service if the Secretary responsible for
that uniformed service determines that the member, currently or through
retraining in another occupational specialty or other preparations,
can be reassigned to other duties the member would be fit to perform
and which are consistent with the needs of that uniformed service.
`(c) Continuation of Service of Member Determined Unfit- Upon the agreement
of a member determined unfit for duty under subsection (a) and the Secretary
concerned, the member's service may be continued under terms and conditions
specified by the Secretary concerned, including through transfer to
another uniformed service under section 716 of this title.
`Sec. 1206h. Definitions
`In this subchapter, the terms `disability' and `physical disability'
include any disability based on a mental disorder.
`SUBCHAPTER III--ADMINISTRATIVE MATTERS'.
(b) Clerical Amendments- Chapter 61 of such title is further amended--
(1) by inserting after the chapter heading the following:
`Subchapter
--Sec.
1200
1206a
1207';
(2) by inserting after the subchapter heading for subchapter I, as
added by subsection (a)(1) of this section, the following:
`1200. Applicability of subchapter: members retired or separated before
implementation of enhanced Department of Veterans Affairs disability
compensation system; certain members on temporary disability retired
list as of implementation of enhanced Department of Veterans Affairs
disability compensation system.
`1201. Regulars and members on active duty for more than 30 days:
retirement.
`1202. Regulars and members on active duty for more than 30 days:
temporary disability retired list.
`1203. Regulars and members on active duty for more than 30 days:
separation.
`1204. Members on active duty for 30 days or less or on inactive-duty
training: retirement.
`1205. Members on active duty for 30 days or less or on inactive-duty
training: temporary disability retired list.
`1206. Members on active duty for 30 days or less or on inactive-duty
training: separation.';
(3) by inserting after the subchapter heading for subchapter II, as
added by subsection (a)(3) of this section, the following:
`1206a. Applicability of subchapter: members retired on or after implementation
of enhanced Department of Veterans Affairs disability compensation
system.
`1206b. Applicability of subchapter: certain members retired on or
after October 7, 2001, but before implementation of enhanced Department
of Veterans Affairs disability compensation system.
`1206c. Applicability of subchapter: members on temporary disability
retired list as of implementation of enhanced Department of Veterans
Affairs disability compensation system.
`1206e. Temporary disability retired list.
`1206f. Treatment of retired pay.
`1206g. Determinations of unfitness.
(4) by inserting after the subchapter heading for subchapter III,
as so added, the following:
`1207. Disability from intentional misconduct or willful neglect:
separation.
`1207a. Members with over eight years of active service: eligibility
for disability retirement for pre-existing conditions.
`1207b. Reserve component members unable to perform duties when ordered
to active duty: disability system processing.
`1208. Computation of service.
`1209. Transfer to inactive status list instead of separation.
`1210. Members on temporary disability retired list: periodic physical
examination; final determination of status.
`1211. Members on temporary disability retired list: return to active
duty; promotion.
`1212. Disability severance pay.
`1213. Effect of separation on benefits and claims.
`1214. Right to full and fair hearing.
`1215. Members other than Regulars: applicability of laws.
`1216. Secretaries: powers, functions, and duties.
`1217. Academy cadets and midshipmen: applicability of chapter.
`1218. Discharge or release from active duty: claims for compensation,
pension, or hospitalization.
`1219. Statement of origin of disease or injury: limitations.
`1221. Effective date of retirement or placement of name on temporary
disability retired list.'.
(c) Eligibility for Disability Retirement for Pre-Existing Condition
After Eight Years of Service- Section 1207a(a) of title 10, United States
Code, is amended by striking `or 1203' and inserting `1203, 1206b, 1206c,
1206d, or 1206e'.
(d) Computation of Retired Pay- The table in section 1401(a) of title
10, United States Code, is amended by inserting after the matter relating
to Formula 2 the following matter:
--------------------------------------------------------
--------------------------------------------------------
`3 1206b Retired pay base 2 1/2 % of years of service
1206c as computed credited to the person
1206d under section under section 1208.1'.
1206e 1406(b) or
1407.
--------------------------------------------------------
(e) Conforming Amendments Relating to Retired Pay-
(1) RECOMPUTATION OF RETIRED PAY TO REFLECT LATER ACTIVE DUTY- Sections
1402(b) and 1402a(b) of title 10, United States Code, are each amended
by inserting `(as in effect before the effective date of the implementation
of the enhanced Department of Veterans Affairs disability compensation
system (as determined in accordance with section 206 of the America's
Wounded Warriors Act) or subchapter I of chapter 61 of this title
(as in effect after such effective date), as applicable' after `chapter
61 of this title'.
(2) RETIRED PAY BASE FOR MEMBERS RETIRED BEFORE SEPTEMBER 8, 1980-
The items in the column in the table in section 1406(b)(1) of such
title designated `For a member entitled to retired pay under section:'
are amended to read as follows:
--------
--------
`1201
1202
1204
1205
1206b
1206c
1206d
1206e'.
--------
(3) RETIRED PAY BASE FOR MEMBERS RETIRED AFTER SEPTEMBER 7, 1980-
Section 1407 of such title is amended--
(i) in paragraph (1), by striking `other than section 1204 or
1205 or section 12731 of this title' and inserting `(other than
section 1204, 1205, or 12731 of this title, or section 1206b,
1206c, 1206d, or 1206e of this title for nonregular service)';
(ii) in paragraph (2), by inserting `, or under section 1206b,
1206c, 1206d, or 1206e of this title for regular service,' after
`section 1201 or 1202 of this title'; and
(I) by striking `section 1201 or 1202' and inserting `section
1201, 1202, 1206b, 1206c, 1206d, or 1206e'; and
(II) by inserting `or under section 1206b, 1206c, 1206d, or
1206e of this title for nonregular service' before the period;
and
(i) in paragraph (2), by inserting `, or under section 1206b,
1206c, 1206d, or 1206e of this title for nonregular service,'
after `section 1204 or 1205 of this title'; and
(ii) in paragraph (3), inserting `, or under section 1206, 1206c,
1206d, or 1206e of this title for nonregular service,' after `section
1204 or 1205 of this title'.
(4) GRADE ON RETIREMENT FOR PHYSICAL DISABILITY- Section 1372 of such
title is amended--
(A) by striking `section 1201 or 1204' and inserting `section 1201,
1204, 1206b, 1206c, or 1206d'; and
(B) by striking `section 1202 or 1205' and inserting `section 1202,
1205, or 1206e'.
(1) IN GENERAL- Except as provided in paragraph (2), this section
and the amendments made by this section shall take effect, if at all,
on the effective date of the implementation of the enhanced Department
of Veterans Affairs disability compensation system as determined in
accordance with section 206.
(2) ANTICIPATION OF IMPLEMENTATION- The Secretary of Defense shall
take appropriate actions to ensure that the amendments made by this
section are implementable on the effective date described in paragraph
(1) in the event of the implementation of the enhanced Department
of Veterans Affairs disability compensation system on that date.
SEC. 102. CONTINUATION OF RESPITE CARE AND AID AND OTHER EXTENDED
CARE BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES WHO INCUR A SERIOUS
INJURY OR ILLNESS ON ACTIVE DUTY.
Paragraph (4) of section 1074(c) of title 10, United States Code, as
added by section 1633(a) of the Wounded Warrior Act (title XVI of the
National Defense Authorization Act for Fiscal Year 2008), is amended--
(1) by redesignating subparagraph (B) as subparagraph (C); and
(2) by inserting after subparagraph (A) the following new subparagraph
(B):
`(B) Coverage for a member under this paragraph may continue for such
period after the discharge or separation of the member from active duty
as the Secretary considers appropriate.'.
SEC. 103. ELIGIBILITY FOR MEDICAL AND DENTAL CARE OF MEMBERS OF THE
ARMED FORCES RETIRED AFTER IMPLEMENTATION OF ENHANCED DEPARTMENT OF
VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM.
(a) Study on Eligibility- The Secretary of Defense shall conduct a study
to determine the members of the Armed Forces retired under subchapter
II of chapter 61 of title 10, United States Code (as amended by section
101 of this Act), who are to be eligible for medical and dental care
under chapter 55 of title 10, United States Code, after the effective
date of the implementation of the enhanced Department of Veterans Affairs
disability compensation system as determined in accordance with section
206.
(b) Report- Not later than 270 days after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
study conducted under subsection (a). The report shall include--
(1) the results of the study; and
(2) comprehensive and specific recommendations on the category or
categories of members described in subsection (a) who are to be eligible
for medical and dental care as described in that subsection.
TITLE II--COMPENSATION OF VETERANS FOR SERVICE-CONNECTED DISABILITY
SEC. 201. STUDY ON VETERANS DISABILITY COMPENSATION.
(a) In General- The Secretary of Veterans Affairs shall conduct a study
to determine the amount of compensation for service-connected disability
to be payable to veterans under chapter 12 of title 38, United States
Code (as added by section 207(b) of this Act), for each rating of disability
assignable to veterans for service-connected disability.
(b) Matters To Be Examined- In conducting the study required by subsection
(a), the Secretary shall examine the following:
(1) The nature of injuries and combination of injuries for which disability
compensation is payable under various disability compensation programs
of the Federal Government, State governments, and other countries.
(2) To the extent applicable, the nature of injuries and combination
of injuries for which disability compensation is payable under commercial
disability insurance.
(3) The extent to which quality of life and loss of earnings are independently
taken into account in various disability compensation programs of
the Federal Government, State governments, and other countries.
(4) The effect of an injury or combination of injuries on--
(A) average loss of earning capacity, such as inability to work
in certain occupations; and
(B) a veteran's quality of life, such as activities of independent
living, recreational and community activities, and personal relationships,
including the inability to participate in favorite activities, social
problems related to disfigurement or cognitive difficulties, and
the need to spend increased amounts of time performing activities
of daily living.
(5) The measurement of the effect of an injury or combination of injuries
on a veteran's psychological state, loss of physical integrity, and
social inability to adapt.
(6) The extent to which disability compensation for veterans may be
used as an incentive to encourage veterans to seek and undergo appropriate
medical treatment and vocational rehabilitation.
(c) Considerations in Determinations of Amounts of Compensation-
(1) GENERAL CONSIDERATIONS- In determining amounts of compensation
under the study required by subsection (a), the Secretary shall ensure
that the determinations--
(A) reflect current concepts of medicine and disability; and
(B) take into account loss of quality of life and average loss of
earning capacity resulting from specific injuries or combinations
of injuries.
(2) SPECIFIC CONSIDERATIONS- In determining amounts of compensation,
the Secretary shall consider the following:
(A) The appropriate injuries or combination of injuries to be covered
by the new schedule for rating service-connected disabilities.
(B) The appropriate level of compensation under that schedule for
loss of quality of life.
(C) The appropriate standards for determining for purposes of that
schedule whether an injury or combination of injuries has caused
a loss in a veteran's quality of life.
(D) The appropriate level of compensation, including an age-appropriate
level of compensation at time of initial filing of claims, under
that schedule for loss of earnings.
(E) The appropriate standards for purposes of that schedule for
determining whether an injury or combination of injuries causes
loss of earnings.
(F) The appropriate relationship between the receipt of compensation
under that schedule, and, where appropriate, assurances by the veterans
concerned of participation in a regimen of medical treatment or
vocational rehabilitation.
(d) Consultation- In conducting the study required by subsection (a),
the Secretary--
(1) shall consult with such veterans and military service organizations
and with such public and private organizations and individuals as
the Secretary considers appropriate; and
(2) may employ consultants.
(e) Consideration of Completed and On-Going Studies- In conducting the
study required by subsection (a), the Secretary may take into account
the findings, determinations, and results of any completed or on-going
study or report applicable to the matters addressed by the study required
by subsection (a) that the Secretary considers appropriate.
(f) Report- Not later than 270 days after the commencement of the study
required by 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 report on the study. The report shall
include the following:
(1) The findings of the Secretary under the study.
(2) The findings of the Secretary with respect to matters covered
by the study arising from--
(A) the report of the Veterans' Disability Benefits Commission established
pursuant to section 1501 of the National Defense Authorization Act
of 2004 (38 U.S.C. 1101 note); and
(B) the reports of any other independent advisory commission that
has studied the matters covered by the study as the Secretary considers
appropriate.
(3) The recommendations of the Secretary on the matters considered
under subparagraphs (A), (C), (E), and (F) of subsection (c)(2), including
a proposal for such legislative or administrative action as the Secretary
considers appropriate to implement the recommendations.
SEC. 202. STUDY ON VETERANS TRANSITION BENEFITS.
(a) In General- The Secretary of Veterans Affairs shall conduct a study
to determine the appropriate amounts and duration of transition payments
to be payable under chapter 12 of title 38, United States Code (as added
by section 207(b) of this Act), including the amount of monthly transition
payments to be payable under section 1204(b) of title 38, United States
Code (as so added), and the amount and duration of rehabilitation transition
allowances to be payable under section 1204(c) of title 38, United States
Code (as so added), to veterans who are participating in a rehabilitation
program under chapter 17 or 31 of title 38, United States Code.
(b) Considerations- In determining under subsection (a) the amount and
duration of rehabilitation transition allowances to be payable under
section 1204(c) of title 38, United States Code (as so added), to veterans
who are participating in a rehabilitation program under chapter 17 or
31 of title 38, United States Code, the Secretary shall take into account
the prohibition in paragraph (7) of such section 1204(c) on the payment
of subsistence allowances otherwise authorized by section 3108 of title
38, United States Code, to veterans paid rehabilitation transition allowances
under such section 1204(c).
(c) Consultation- In conducting the study required by subsection (a),
the Secretary--
(1) shall consult with such veterans and military service organizations
and with such public and private organizations and individuals as
the Secretary considers appropriate; and
(2) may employ consultants.
(d) Consideration of Completed and On-Going Studies- In conducting the
study required by subsection (a), the Secretary may take into account
the findings, determinations, and results of any completed or on-going
study or report applicable to the matters addressed by the study required
by subsection (a) that the Secretary considers appropriate.
(e) Report- Not later than 270 days after the commencement of the study
required by 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 report on the study. The report shall
include the following:
(1) The findings of the Secretary under the study.
(2) The findings of the Secretary with respect to matters covered
by the study arising from--
(A) the report of the Veterans' Disability Benefits Commission established
pursuant to section 1501 of the National Defense Authorization Act
of 2004 (38 U.S.C. 1101 note); and
(B) the reports of such other independent advisory commissions that
have studied the matters covered by the study as the Secretary considers
appropriate.
SEC. 203. STUDY ON MEASURES TO ASSIST AND ENCOURAGE VETERANS IN THE
COMPLETION OF THEIR VOCATIONAL REHABILITATION PLANS.
(a) In General- The Secretary of Veterans Affairs shall conduct a study
to identify the following:
(1) The various factors that may prevent or preclude veterans from
completing their vocational rehabilitation plans through the Department
of Veterans Affairs or otherwise achieving the vocational rehabilitation
objectives of such plans.
(2) Actions to be taken by the Secretary to assist and encourage veterans
in overcoming such factors and in otherwise completing their vocational
rehabilitation plans or achieving the vocational rehabilitation objectives
of such plans.
(b) Matters To Be Examined- In conducting the study required by subsection
(a), the Secretary shall examine the following:
(1) Measures utilized in other disability systems in the United States,
and in other countries, to encourage completion of vocational rehabilitation.
(2) Any survey data available to the Secretary that relates to the
matters covered by the study.
(3) The results of the studies conducted pursuant to sections 201
and 202, including any analysis for purposes of such studies of the
extent to which disability compensation may be used as an incentive
to encourage veterans to undergo and complete vocational rehabilitation.
(4) The report of the Veterans' Disability Benefits Commission established
pursuant to section 1501 of the National Defense Authorization Act
of 2004 (38 U.S.C. 1101 note).
(5) The report of the President's Commission on Care for America's
Returning Wounded Warriors.
(c) Considerations- In conducting the study required by subsection (a),
the Secretary shall consider--
(1) the extent to which bonus payments or other incentives may be
used to encourage veterans to complete their vocational rehabilitation
plans or otherwise achieve the vocational rehabilitation objectives
of such plans; and
(2) such other matters as the Secretary considers appropriate.
(d) Consultation- In conducting the study required by subsection (a),
the Secretary--
(1) shall consult with such veterans and military service organizations
and with such public and private organizations and individuals as
the Secretary considers appropriate; and
(2) may employ consultants.
(e) Report- Not later than 270 days after the commencement of the study
required by 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 report on the study. The report shall
include the following:
(1) The findings of the Secretary under the study.
(2) Any recommendations that the Secretary considers appropriate for
actions to be taken by the Secretary in light of the study, including
a proposal for such legislative or administrative action as the Secretary
considers appropriate to implement the recommendations.
SEC. 204. PROPOSAL ON VETERANS DISABILITY COMPENSATION AND VETERANS
TRANSITION BENEFITS.
Not later than one year after the later of the dates of the reports
required by sections 201(f) and 202(d), the Secretary of Veterans Affairs
shall submit to Congress a proposal setting forth the following:
(1) A statement of the purpose or purposes of the disability compensation
and transition payments to be payable to veterans under chapter 12
of title 38, United States Code (as added by section 207(b) of this
Act).
(2) A statement of the amounts of compensation for service-connected
disability to be payable to veterans under chapter 12 of title 38,
United States Code (as so added), for each rating of disability assignable
to veterans for service-connected disability.
(3) A statement of the amounts and duration of transition benefits
to be payable to veterans under chapter 12 of title 38, United States
Code (as so added), including the amount of monthly transition payments
to be payable under section 1204(b) of title 38, United States Code
(as so added), and the amount and duration of rehabilitation transition
allowances to be payable under section 1204(c) of title 38, United
States Code (as so added), to veterans who are participating in a
rehabilitation program under chapter 17 or 31 of title 38, United
States Code.
SEC. 205. CONGRESSIONAL CONSIDERATION OF PROPOSAL.
(a) Terms of Joint Resolution- For purposes of this section, the term
`joint resolution' means only a joint resolution which is introduced
within the 10-day period beginning on the date on which the Secretary
of Veterans Affairs submits to Congress the proposal of the Secretary
of Veterans Affairs on veterans disability compensation and veterans
transition benefits under section 204, and--
(1) which does not have a preamble;
(2) the matter after the resolving clause of which is as follows:
`That Congress disapproves the proposal on veterans disability compensation
and veterans transition benefits under section 204 of the America's
Wounded Warriors Act as submitted to Congress on XXXXX', the
blank space being filled in with the appropriate date; and
(3) the title of which is as follows: `Joint resolution disapproving
the proposal of the Secretary of Veterans Affairs on veterans disability
compensation and veterans transition benefits under the America's
Wounded Warriors Act.'.
(b) Referral- A resolution described in subsection (a) that is introduced
in the House of Representatives shall be referred to the Committee on
Veterans' Affairs of the House of Representatives. A resolution described
in subsection (a) introduced in the Senate shall be referred to the
Committee on Veterans' Affairs of the Senate.
(c) Discharge- If the committee to which a resolution described in subsection
(a) is referred has not reported such resolution (or an identical resolution)
by the end of the 60-day period beginning on the date on which the Secretary
of Veterans Affairs submits to Congress the proposal under section 204,
such committee shall be, at the end of such period, discharged from
further consideration of such resolution, and such resolution shall
be placed on the appropriate calendar of the House involved.
(1) On or after the third day after the date on which the committee
to which such a resolution is referred has reported, or has been discharged
(under subsection (c)) from further consideration of, such a resolution,
it is in order (even though a previous motion to the same effect has
been disagreed to) for any Member of the respective House to move
to proceed to the consideration of the resolution. A Member may make
the motion only on the day after the calendar day on which the Member
announces to the House concerned the Member's intention to make the
motion, except that, in the case of the House of Representatives,
the motion may be made without such prior announcement if the motion
is made by direction of the committee to which the resolution was
referred. All points of order against the resolution (and against
consideration of the resolution) are waived. The motion is highly
privileged in the House of Representatives and is privileged in the
Senate and is not debatable. The motion is not subject to amendment,
or to a motion to postpone, or to a motion to proceed to the consideration
of other business. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a motion to
proceed to the consideration of the resolution is agreed to, the respective
House shall immediately proceed to consideration of the joint resolution
without intervening motion, order, or other business, and the resolution
shall remain the unfinished business of the respective House until
disposed of.
(2) Debate on the resolution, and on all debatable motions and appeals
in connection therewith, shall be limited to not more than 2 hours,
which shall be divided equally between those favoring and those opposing
the resolution. An amendment to the resolution is not in order. A
motion further to limit debate is in order and not debatable. A motion
to postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the resolution is not in order.
A motion to reconsider the vote by which the resolution is agreed
to or disagreed to is not in order.
(3) Immediately following the conclusion of the debate on a resolution
described in subsection (a) and a single quorum call at the conclusion
of the debate if requested in accordance with the rules of the appropriate
House, the vote on final passage of the resolution shall occur.
(4) Appeals from the decisions of the Chair relating to the application
of the rules of the Senate or the House of Representatives, as the
case may be, to the procedure relating to a resolution described in
subsection (a) shall be decided without debate.
(e) Consideration by Other House-
(1) If, before the passage by one House of a resolution of that House
described in subsection (a), that House receives from the other House
a resolution described in subsection (a), then the following procedures
shall apply:
(A) The resolution of the other House shall not be referred to a
committee and may not be considered in the House receiving it except
in the case of final passage as provided in subparagraph (B)(ii).
(B) With respect to a resolution described in subsection (a) of
the House receiving the resolution--
(i) the procedure in that House shall be the same as if no resolution
had been received from the other House; but
(ii) the vote on final passage shall be on the resolution of the
other House.
(2) Upon disposition of the resolution received from the other House,
it shall no longer be in order to consider the resolution that originated
in the receiving House.
(f) Rules of the Senate and House- This section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate and House
of Representatives, respectively, and as such it is deemed a part
of the rules of each House, respectively, but applicable only with
respect to the procedure to be followed in that House in the case
of a resolution described in subsection (a), and it supersedes other
rules only to the extent that it is inconsistent with such rules;
and
(2) with full recognition of the constitutional right of either House
to change the rules (so far as relating to the procedure of that House)
at any time, in the same manner, and to the same extent as in the
case of any other rule of that House.
SEC. 206. EFFECTIVE DATE OF IMPLEMENTATION OF ENHANCED DEPARTMENT
OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM.
(a) In General- For purposes of this Act and the amendments made by
this Act, the effective date of the implementation of the enhanced Department
of Veterans Affair disability compensation system is the date, as provided
in subsection (b), on which the authority of Congress under section
205 to disapprove the proposal of the Secretary of Veterans Affairs
on veterans disability compensation and veterans transition benefits
under section 204 expires, but only if Congress does not so disapprove
the proposal of the Secretary before such date.
(b) Disapproval by Congress-
(1) IN GENERAL- The Secretary of Veterans Affairs shall not implement
the enhanced Department of Veterans Affairs disability compensation
system if a joint resolution is enacted, in accordance with section
205, disapproving the proposal of the Secretary of Veterans Affairs
on veterans disability compensation and veterans transition benefits
under section 204 before the earlier of--
(A) the end of the 85-day period beginning on the date on which
the Secretary submits the proposal to Congress; or
(B) the adjournment of Congress sine die for the session during
which the proposal is submitted.
(2) COMPUTATION OF PERIODS- For purposes of paragraph (1) and section
205, the days on which either House of Congress is not in session
because of an adjournment of more than three days to a day certain
shall be excluded in the computation of a period.
(c) Enhanced Department of Veterans Affairs Disability Compensation
System Defined- For purposes of this Act and the amendments made by
this Act, the term `enhanced Department of Veterans Affairs disability
compensation system' means--
(1) the elements of the proposal of the Secretary of Veterans Affairs
on veterans disability compensation and veterans transition benefits
under section 204; and
(2) the amendments to section 1155 of title 38, United States Code,
made by section 207(a) of this Act; and
(3) chapter 12 of title 38, United States Code, as added by section
207(b) of this Act.
SEC. 207. ENHANCED DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION
SYSTEM.
(a) Modification of Schedule of Ratings To Account for Loss of Earning
Capacity and Quality of Life-
(1) IN GENERAL- Section 1155 of title 38, United States Code, is amended
to read as follows:
`Sec. 1155. Schedule for rating disabilities
`(a) In General- The Secretary shall adopt and apply a schedule of ratings
of disability of veterans associated with specific injuries or combinations
of injuries.
`(b) Scope of Ratings- (1) For veterans for whom disability compensation
is payable under this chapter, the ratings under subsection (a) shall
be based, as far as practicable, upon the average impairments of earning
capacity in civil occupations resulting from the injuries concerned.
`(2) For veterans for whom disability compensation is payable under
chapter 12 of this title, the ratings shall reflect, as far as practicable,
each of the following:
`(A) Average loss of earning capacity, such as inability to work in
certain occupations.
`(B) Quality of life, such as activities of independent living, recreational
and community activities, and personal relationships, including the
inability to participate in favorite activities, social problems related
to disfigurement or cognitive difficulties, and the need to spend
increased amounts of time performing activities of daily living.
`(c) Grades of Disability- (1) For veterans for whom disability compensation
is payable under this chapter, the schedule of ratings shall be constructed
so as to provide ten grades of disability and no more, upon which payments
of compensation shall be based, namely 10 percent, 20 percent, 30 percent,
40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent,
and total, 100 percent.
`(2) For veterans for whom disability compensation is payable under
chapter 12 of this title, the schedule of ratings shall be constructed--
`(A) at the discretion of the Secretary in light of the study required
by sections 201 of the America's Wounded Warriors Act, so as to provide
such number of grades of disability as the Secretary considers appropriate;
`(B) at the discretion of the Secretary in light of the study referred
to in subparagraph (A), so as to provide either--
`(i) the assignment to veterans of separate grades of disability
reflecting each matter specified in subparagraphs (A) and (B) of
subsection (b)(2); or
`(ii) the assignment to veterans of a single grade of disability
reflecting both such matters; and
`(C) if provided in the schedule at the discretion of the Secretary
in light of the study referred to in subparagraph (A), so as to reflect
in the grade of disability assignable to a veteran for average loss
of earning capacity the effect of the age of the veteran on the potential
future earnings of the veteran at the time of assignment.
`(d) Adjustment- The Secretary shall from time to time adjust the schedule
of ratings in accordance with experience.
`(e) Preservation of Rating- (1) Except as provided in paragraph (2),
an adjustment in the schedule of ratings under subsection (d) shall
not cause a veteran's disability rating in effect on the effective date
of the adjustment to be reduced unless an improvement in the veteran's
disability is shown to have occurred.
`(2) An adjustment in the schedule of ratings may result in a reduction
in a veteran's disability rating as provided in section 1205 of this
title.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of
chapter 11 of such title is amended by striking the item relating
to section 1155 and inserting the following new item:
`1155. Schedule for rating disabilities.'.
(3) EFFECTIVE DATE- Except as provided in paragraph (4), this subsection
and the amendments made by this subsection shall take effect, if at
all, on the effective date of the implementation of the enhanced Department
of Veterans Affairs disability compensation system as determined in
accordance with section 206.
(4) ANTICIPATION OF IMPLEMENTATION- The Secretary of Veterans Affairs
shall take appropriate actions to ensure that the amendments made
by this subsection are implementable on the effective date described
in paragraph (3) in the event of the implementation of the enhanced
Department of Veterans Affairs disability compensation system on that
date.
(b) Disability Compensation for Loss of Earning Capacity and Quality
of Life and Transition Payments for Participation in Medical or Rehabilitational
Regimen-
(1) IN GENERAL- Part II of title 38, United States Code, is amended
by inserting after chapter 11 the following new chapter:
`CHAPTER 12--COMPENSATION AND TRANSITION PAYMENTS FOR SERVICE-CONNECTED
DISABILITY
`1201. Compensation for service-connected disability: veterans not
rated as service-connected disabled who file claims for compensation
on or after implementation of enhanced Department of Veterans Affairs
disability compensation system.
`1202. Compensation for service-connected disability: veterans rated
as service-connected disabled as of implementation of enhanced Department
of Veterans Affairs disability compensation system who file claims
on or after implementation.
`1203. Rates of compensation.
`1204. Transition benefits: payments; allowances.
`1205. Periodic review of extent of disability.
`1206. Prohibition on duplication of benefits.
`Sec. 1201. Compensation for service-connected disability: veterans
not rated as service-connected disabled who file claims for compensation
on or after implementation of enhanced Department of Veterans Affairs
disability compensation system
`(a) In General- In the case of a veteran who has not been rated as
having a service-connected disability under chapter 11 of this title
as of the effective date of the implementation of the enhanced Department
of Veterans Affairs disability compensation system (as determined in
accordance with section 206 of the America's Wounded Warriors Act) and
who files with the Secretary a claim with respect to disability on or
after that effective date, for disability resulting from personal injury
suffered or disease contracted in line of duty, or from aggravation
of a preexisting injury suffered or disease contracted in line of duty,
in the active military, naval, or air service, the United States will
pay such veteran thus disabled and who was discharged or released under
conditions other than dishonorable from the period of service in which
such injury or disease was incurred, or preexisting injury or disease
was aggravated, compensation as provided in section 1203 of this title,
but no compensation shall be paid if the disability is a result of such
veteran's own willful misconduct or abuse of alcohol or drugs.
`(b) Rating of Disability- The rating of disability for which compensation
is payable under this section shall be assigned utilizing the schedule
of ratings under section 1155 of this title that is applicable to veterans
for whom disability compensation is payable under this chapter.
`(c) Limitations- (1) The payment of compensation pursuant to this section
shall be subject to the provisions of sections 5110 and 5112 of this
title.
`(2) Compensation shall not be paid under this section to a veteran
who is retired for disability under subchapter II of chapter 61 of title
10 pursuant to section 1206a of that title for any period before the
first day following termination of the veteran's receipt of benefits
under section 1204 of this title.
`Sec. 1202. Compensation for service-connected disability: veterans
rated as service-connected disabled as of implementation of enhanced
Department of Veterans Affairs disability compensation system who file
claims on or after implementation
`(a) In General- In the case of a veteran who is rated as having a service-connected
disability under chapter 11 of this title as of the effective date of
the implementation of the enhanced Department of Veterans Affairs disability
compensation system (as determined in accordance with section 206 of
the America's Wounded Warriors Act) who files with the Secretary a claim
with respect to such disability or disabilities, or another disability,
on or after that date, for disability resulting from personal injury
suffered or disease contracted in line of duty, or from aggravation
of a preexisting injury suffered or disease contracted in line of duty,
in the active military, naval, or air service, the United States will
pay such veteran thus disabled and who was discharged or released under
conditions other than dishonorable from the period of service in which
such injury or disease was incurred, or preexisting injury or disease
was aggravated, compensation as provided in section 1203 of this title,
but no compensation shall be paid if such disability is a result of
such veteran's own willful misconduct or abuse of alcohol or drugs.
`(b) Rating of Disability- The rating of disability for which compensation
is payable under this section shall--
`(1) take into account all service-connected disabilities of the veteran
concerned, including any disability for which such veteran was rated
as having a service-connected as described in subsection (a) and the
disability with respect to which such veteran files a claim as described
in that subsection; and
`(2) be assigned utilizing the schedule of ratings under section 1155
of this title that is applicable to veterans for whom disability compensation
is payable under this chapter.
`(c) Limitation- The payment of compensation pursuant to this section
shall be subject to the provisions of sections 5110 and 5112 of this
title.
`Sec. 1203. Rates of compensation
`(a) In General- For purposes of sections 1201 and 1202 of this title,
the rates of compensation payable for disabilities shall be the applicable
rates specified for grade of disability in the proposal of the Secretary
of Veterans Affairs under section 204(2) of the America's Wounded Warriors
Act.
`(b) Reduction for Persons Incarcerated for Conviction of a Felony-
The payment of compensation for disabilities under sections 1201 and
1202 shall be subject to the provisions of section 5313 of this title.
`(c) Source of Funds- Amounts for the payment of compensation under
this section shall be derived from amounts available in the Compensation
and Pension account of the Department of Veterans Affairs.
`Sec. 1204. Transition benefits: payments; allowances
`(a) Eligible Veterans- For purposes of this section, an eligible veteran
is any veteran who is retired under subchapter II of chapter 61 of title
10 pursuant to section 1206a of that title.
`(b) Monthly Transition Payments- (1) Subject to the provisions of this
subsection, the Secretary shall pay to each eligible veteran a monthly
transition payment.
`(2) A veteran entitled to monthly transition payments under this subsection
shall be paid--
`(A) a monthly transition payment in an amount equal to the amount
specified with respect to the veteran in the proposal of the Secretary
of Veterans Affairs under section 204(3) of the America's Wounded
Warriors Act for each of the first three months beginning on the date
of the veteran's retirement as described in paragraph (1); and
`(B) a one-time prorated payment of such amount for the remaining
portion of the month in which the retirement of the veteran occurred.
`(3) No payment shall be made to a veteran under this subsection for
any period for which a rehabilitation transition allowance is paid the
veteran under subsection (c).
`(c) Rehabilitation Transition Allowance- (1) Subject to the provisions
of this subsection, the Secretary shall pay to each eligible veteran
who is participating in a rehabilitation program under chapter 17 or
31 of this title a monthly rehabilitation transition allowance described
in paragraph (3) during the period described in paragraph (4).
`(2)(A) For purposes of this subsection, a veteran shall be treated
as participating in a rehabilitation program under chapter 17 of this
title if, as determined by the Secretary, the veteran is participating
in an intensive treatment program under that chapter for a service-connected
disability which program is intended to assist the veteran in restoring
the veteran's ability to obtain and maintain substantially gainful employment.
`(B) For purposes of this subsection, a veteran shall be treated as
participating in a rehabilitation program under chapter 31 of this title
during any period, as determined by the Secretary, during which the
veteran is eligible, notwithstanding paragraph (7), for the subsistence
allowance authorized by section 3108(a)(1) of this title.
`(3)(A) The amount of the monthly rehabilitation transition allowance
payable to a veteran under this subsection is the amount equal to the
amount specified with respect to the veteran in the proposal of the
Secretary of Veterans Affairs under section 204(3) of the America's
Wounded Warriors Act.
`(B) For any month in which an eligible veteran participates in a rehabilitation
program described in paragraph (1) for less than the full month, the
amount payable to the veteran under this paragraph shall be prorated
for the portion of the month in which the veteran so participates.
`(C) In the case of a veteran entitled to assistance under this subsection
who is participating in a rehabilitation program that includes paid
training on the job, the Secretary may reduce the veteran's rehabilitation
transition allowance under this subsection by one dollar for each dollar
of wages, compensation, or other income paid (directly or indirectly)
by the employer to the veteran for such training.
`(4) The period for which a monthly rehabilitation transition allowance
is payable to a veteran under this subsection is the period specified
with respect to the veteran in the proposal of the Secretary of Veterans
Affairs under section 204(3) of the America's Wounded Warriors Act.
`(5) A veteran may be paid a rehabilitation transition allowance under
this subsection only if the veteran is complying substantially with
the individual rehabilitation or recovery plan developed by the Secretary
for purposes of the rehabilitation program described in paragraph (1).
`(6)(A) Except as provided in subparagraph (B), no rehabilitation transition
allowance may be paid under this subsection to a veteran who is participating
in a vocational rehabilitation program under chapter 31 of this title
while such veteran is incarcerated in a Federal, State, local, or other
penal institution or correctional facility for conviction of a felony.
`(B) Subparagraph (A) shall not apply to a veteran who is participating
in a vocational rehabilitation program while residing in a halfway house
or participating in a work-release program in connection with the veteran's
conviction of a felony.
`(7) A veteran paid a rehabilitation transition allowance for a month
under this subsection may not be paid the subsistence allowance otherwise
authorized for the veteran under section 3108 of this title for that
month.
`(d) Source of Funds- Amounts for payments under this section shall
be derived from amounts available in the Readjustment Benefits account
of the Department of Veterans Affairs.
`Sec. 1205. Periodic review of extent of disability
`(a) In General- Except as provided under this section, the Secretary
shall--
`(1) reevaluate and adjust, if appropriate, the disability rating
of each veteran entitled to compensation under section 1201 or 1202
of this title, as the Secretary considers appropriate; and
`(2) adjust the rate of compensation payable to such veteran under
section 1203 of this title according to the new disability rating
as adjusted under paragraph (1) and to any adjustment of the schedule
of ratings under section 1155 of this title applicable to veterans
for whom compensation is payable under this chapter that has occurred
since the preceding assignment of a disability rating to such veteran.
`(b) Frequency of Reevaluations and Adjustments- The Secretary shall
carry out the reevaluations and adjustments required by subsection (a)
with respect to a veteran described in that subsection with such frequency
as the Secretary considers appropriate. In making a determination regarding
the appropriate frequency of reevaluations for a veteran, the Secretary
shall be guided by recommendations made by an examining physician or
other appropriate medical professional who has evaluated the veteran
and by such other factors as the Secretary considers appropriate.
`(c) Reevaluation at Request of Veteran- At the request of a veteran
receiving compensation under section 1201 or 1202 of this title, the
Secretary may--
`(1) reevaluate and adjust, if appropriate, the disability rating
of the veteran as the Secretary considers appropriate; and
`(2) adjust the rate of compensation payable to such veteran under
section 1203 of this title according to the new disability rating
as adjusted under paragraph (1) and to any adjustment of the schedule
of ratings under section 1155 of this title applicable to veterans
for whom compensation is payable under this chapter that has occurred
since the preceding assignment of a disability rating to such veteran.
`Sec. 1206. Prohibition on duplication of benefits
`(a) In General- A veteran entitled to compensation under section 1201
or 1202 of this title is not entitled to compensation under chapter
11 of this title.
`(b) Preservation of Entitlement Under Other System- (1)(A) Except as
provided in paragraph (2), any veteran in receipt of compensation under
chapter 11 of this title (other than compensation paid as a result of
a temporary rating of disability) as of the effective date of the implementation
of the enhanced Department of Veterans Affairs disability compensation
system (as determined in accordance with section 206 of the America's
Wounded Warriors Act) shall remain entitled to compensation in accordance
with the provisions of chapter 11 of this title after that date.
`(B) For provisions relating to the protection of ratings of disability
of veterans covered by subparagraph (A), see section 110(c) of this
title.
`(2)(A) The entitlement to compensation of, and amount of compensation
payable to, a veteran described in paragraph (1) who files a claim for
compensation under this title on or after the effective date of the
implementation of the enhanced Department of Veterans Affairs disability
compensation system shall be determined in accordance with the facts
found under the provisions of section 1155 of this title and this chapter
as such provisions are in effect on the date of the filing of the claim.
`(B) The objection of a veteran to a proposed reduction in rating of
service-connected disability or other response of a veteran to a proposed
adverse action by the Secretary concerning compensation for a service-connected
disability under chapter 11 of this title shall not be treated as a
claim for purposes of subparagraph (A).'.
(2) CLERICAL AMENDMENTS- The table of chapters at the beginning of
title 38, United States Code, and the beginning of part II of such
title, are each amended by inserting after the item related to chapter
11 the following new item:
1201'.
(3) DISABILITY EVALUATIONS SUBJECT TO REEVALUATION- Section 110 of
title 38, United States Code, is amended--
(A) in the first sentence, by striking `A rating' and inserting
`(a) Except as otherwise provided in this title, a rating';
(B) by designating the second sentence as subsection (b) and indenting
such subsection, as so designated, two ems from the left margin;
(C) in subsection (b), as so designated, by striking `A disability'
and inserting `Except as otherwise provided in this title, a disability';
and
(D) by adding at the end the following new subsection:
`(c) The rating of disability assigned to a veteran who continues to
remain entitled to compensation under chapter 11 of this title after
the effective date of the implementation of the enhanced Department
of Veterans Affairs disability compensation system (as determined in
accordance with section 206 of the America's Wounded Warriors Act) by
reason of section 1206(b) of this title may not be reduced while the
veteran continues to remain so entitled, except upon a showing that
such rating was based on fraud.'.
(4) MATTERS NOT SUBJECT TO REVIEW- Notwithstanding any other provision
of law, the following matters shall not be subject to review by any
other official or by any court, whether by an action in the nature
of mandamus or otherwise:
(A) Any rate of disability compensation payable under chapter 12
of title 38, United States Code (as amended by this subsection),
that is prescribed by the Secretary of Veterans Affairs for purposes
of the proposal under section 204(2) .
(B) Any amount of monthly transition payments payable under section
1204(b) of title 38, United States Code (as so amended), that is
specified by the Secretary for purposes of the proposal under section
204(3).
(C) Any amount or duration of rehabilitation transition allowances
payable under section 1204(c) of title 38, United States Code (as
so amended), that is specified by the Secretary for purposes of
the proposal under section 204(3).
(5) TREATMENT OF VETERANS WITH PENDING CLAIMS- In the case of a veteran
whose claim for disability compensation under title 38, United States
Code, is pending an initial decision from the Secretary of Veterans
Affairs, or is on appeal (whether before the Board of Veterans' Appeals,
the United States Court of Appeals for Veterans Claims, or otherwise),
as of the effective date of the implementation of the enhanced Department
of Veterans Affairs disability compensation system (as determined
in accordance with section 206), the Secretary shall treat such claim
as a claim for compensation payable under chapter 11 of title 38,
United States Code.
(6) EFFECTIVE DATE- Except as provided in paragraph (7), this subsection
and the amendments made by this subsection shall take effect, if at
all, on the effective date of the implementation of the enhanced Department
of Veterans Affairs disability compensation system as determined in
accordance with section 206.
(7) ANTICIPATION OF IMPLEMENTATION- The Secretary of Veterans Affairs
shall take appropriate actions to ensure that this subsection and
the amendments made by this subsection are implementable on the effective
date described in paragraph (6) in the event of the implementation
of the enhanced Department of Veterans Affairs disability compensation
system on that date.
(c) Expanded Retroactivity of Award of Compensation-
(1) IN GENERAL- Section 5110(g) of title 38, United States Code, is
amended--
(A) by inserting `(1)' after `(g)'; and
(B) by striking the second sentence and inserting the following
new paragraph:
`(2) Subject to the limitation in paragraph (1) and except as provided
in paragraph (3), an award or increase described in paragraph (1) may
not be retroactive for more than one year from the date of application
therefore or the date of administrative determination of entitlement,
whichever is earlier.
`(3) Subject to the limitation in paragraph (1), an award or increase
described in that paragraph pursuant to the amendment to section 1155
of this title or chapter 12 of this title made by section 207 of the
America's Wounded Warriors Act under an application therefor filed during
the three-year period beginning on the effective date of the implementation
of the enhanced Department of Veterans Affairs disability compensation
system (as determined in accordance with section 206 of that Act) may
be retroactive for three years from the date of application or date
of administrative determination of entitlement, whichever is earlier.'.
(2) EFFECTIVE DATE- The amendments made by this subsection shall take
effect, if at all, on the effective date of the implementation of
the enhanced Department of Veterans Affairs disability compensation
system as determined in accordance with section 206.
(d) Expedited Claims Processing During Implementation of Enhanced Disability
Compensation System-
(1) IN GENERAL- Effective as of the effective date of the implementation
of the enhanced Department of Veterans Affairs disability compensation
system as determined in accordance with section 206, the Secretary
of Veterans Affairs shall implement appropriate mechanisms to expedite
the processing of claims anticipated to be submitted to the Secretary
under that system during the three-year period beginning on the effective
date of the implementation of that system.
(2) ELEMENTS- The mechanisms implemented under this subsection shall
include the following:
(A) Mechanisms for affording appropriate priority for processing
among the claims submitted as described in paragraph (1).
(B) Mechanisms for ensuring the appropriate allocation of personnel
and resources of the Department of Veterans Affairs in order to
facilitate an expedited processing of such claims.
(C) Any other mechanisms that the Secretary considers appropriate
to facilitate an expedited processing of such claims.
(3) CONSULTATION IN DEVELOPMENT OF MECHANISMS- The Secretary shall
consult with appropriate representatives of veterans services organizations
in developing the mechanisms to be implemented under this subsection.
(4) ENHANCED AUTHORITY FOR PROCESSING CLAIMS-
(A) IN GENERAL- Subject to subparagraph (B), during the five-year
period beginning on the effective date of the implementation of
the enhanced Department of Veterans Affairs disability compensation
system, the Secretary may waive any provision or limitation of law
applicable to determinations on claims for compensation for veterans
under title 38, United States Code, if the Secretary determines
that the waiver of such provision or limitation will further the
expedited processing of claims submitted as described in paragraph
(1).
(B) NOTICE AND WAIT- The Secretary may not waive a provision or
limitation of law under subparagraph (A) until 30 days after the
date on which the Secretary submits to the Committee Veterans' Affairs
of the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report setting forth--
(i) the provision or limitation of law to be waived and the duration
of the waiver;
(ii) a statement of the reasons why the waiver of the provision
or limitation of law will further the expedited processing of
claims submitted as described in paragraph (1); and
(iii) an estimate of the time anticipated to be required to complete
the processing of claims under the waiver.
SEC. 208. SUPPLEMENTAL SURVIVOR BENEFIT FOR SURVIVORS OF VETERANS
RETIRED FOR DISABILITY AFTER IMPLEMENTATION OF ENHANCED DEPARTMENT OF
VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM.
(a) Supplemental Survivor Benefit-
(1) IN GENERAL- Part II of title 38, United States Code, as amended
by section 207(b) of this Act, is further amended by inserting after
chapter 13 the following new chapter:
`CHAPTER 14--SUPPLEMENTAL SURVIVOR BENEFIT FOR SURVIVORS OF VETERANS
RETIRED FOR DISABILITY AFTER IMPLEMENTATION OF ENHANCED DEPARTMENT OF
VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM
`1402. Election of benefit.
`1403. Receipt of benefit.
`1404. Reduction of compensation; termination of reduction.
`1405. Offset for dependency and indemnity compensation.
`Sec. 1401. Definition
`In this chapter, the term `covered veteran' means a veteran retired
under subchapter II of chapter 61 of title 10 pursuant to section 1206a
of that title who is entitled to compensation for service-connected
disability under chapter 12 of this title.
`Sec. 1402. Election of benefit
`(a) In General- A covered veteran may elect in accordance with this
section to provide a monthly supplemental survivor benefit under this
chapter to the veteran's survivors as follows:
`(1) The surviving spouse of the veteran.
`(2) The surviving children of the veteran.
`(b) Election by Veterans at Award of Compensation- (1) If, at the time
of the award of compensation for service-connected disability under
chapter 12 of this title that qualifies such veteran as a covered veteran,
a veteran has a spouse, one or more children, or both, the veteran shall
elect to whom to provide a supplemental survivor benefit under this
chapter.
`(2) A veteran may provide the supplemental survivor benefit referred
to in paragraph (1) pursuant to an election under this paragraph--
`(A) if the veteran has only a spouse at the time of the election,
to the surviving spouse of the veteran;
`(B) if the veteran has both a spouse and one or more children at
the time of the election--
`(i) to the surviving spouse of the veteran; or
`(ii) to the surviving children of the veteran; or
`(C) if the veteran is unmarried but has one or more children at the
time of the election, to the surviving child
