[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5127 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5127

 To amend title 38, United States Code, to provide for payment by the 
Secretary of Veterans Affairs of dependency and indemnity compensation 
to the surviving spouse of a deceased veteran who for at least one year 
  preceding death had a combination of service-connected disabilities 
 rated totally disabling that included a compensable service-connected 
                          cold-weather injury.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2002

   Mr. Smith of New Jersey introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to provide for payment by the 
Secretary of Veterans Affairs of dependency and indemnity compensation 
to the surviving spouse of a deceased veteran who for at least one year 
  preceding death had a combination of service-connected disabilities 
 rated totally disabling that included a compensable service-connected 
                          cold-weather injury.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES 
              OF CERTAIN VETERANS WHO INCURRED COMPENSABLE COLD-WEATHER 
              INJURIES WHILE IN SERVICE.

    (a) Disability Rated Totally Disabling for One Year Preceding 
Death.--Section 1318(b) of title 38, United States Code, is amended by 
adding at the end the following new paragraph:
            ``(4) The veteran's last discharge or other release from 
        active duty was before August 13, 1998, and the disability--
                    ``(A) was continuously rated totally disabling for 
                a period of not less than one year immediately 
                preceding death; and
                    ``(B) included, as part of a combination of 
                service-connected diseases or injuries considered to 
                form the rating of total disability, a compensable 
                cold-weather injury that was determined by the 
                Secretary after August 13, 1998, to be service-
                connected.''.
    (b) Technical Amendments.--Such section is further amended--
            (1) by striking ``if--'' in the matter preceding paragraph 
        (1) and inserting ``if any of the following applies:'';
            (2) by striking ``the'' at the beginning of paragraphs (1), 
        (2), and (3) and inserting ``The'';
            (3) by striking the semicolon at the end of paragraph (1) 
        and inserting a period; and
            (4) by striking ``; or'' at the end of paragraph (2) and 
        inserting a period.
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