110 HR 5089 IH: Veterans Disability Reform Act of U.S. House of Representatives 2008-01-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5089 IN THE HOUSE OF REPRESENTATIVES January 22, 2008 Mr. Barrow introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To reform the veterans’ disability determination process by requiring the Secretary of Veterans Affairs to pay disability compensation to certain veterans based on the concurring diagnoses of two physicians.

1.

Short title

This Act may be cited as the Veterans Disability Reform Act of 2007.

2.

Payment of disability compensation by Secretary of Veterans Affairs solely on the basis of concurring diagnoses by any two physicians

(a)

In general

Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall pay compensation under chapter 11 of title 38, United States Code, to an eligible veteran. (b)

Eligible veteran

For the purposes of this Act, the term eligible veteran means a veteran who— (1)is discharged or released on or after September 11, 2001, under conditions other than dishonorable, from a period of service in the active military, naval, or air service; and (2)submits to the Secretary of Veterans Affairs the concurring diagnoses of any two physicians stating that the veteran has a service-connected disability compensable under chapter 11 of title 38, United States Code, and the assignment by such physicians of a concurring rating of such disability. (c)

Submission of diagnoses

Concurring diagnoses and disability ratings shall be submitted to the Secretary of Veterans Affairs for purposes of this section in the manner the Secretary determines is appropriate. (d)

Amount of compensation

The Secretary of Veterans Affairs shall pay to an eligible veteran monthly compensation in the amount payable under chapter 11 of title 38, United States Code for a disability rated at the same percentage assigned to the eligible veteran’s disability by the two physicians, regardless of whether the rating assigned by the physicians is the same rating that would have been assigned by the Secretary. (e)

No requirement To submit a claim

The Secretary of Veterans Affairs may not require an eligible veteran to submit a claim in accordance with chapter 51 of title 38, United States Code, or otherwise, in order to receive compensation under this Act. (f)

Deadline for regulations

The Secretary of Veterans Affairs shall prescribe final regulations to carry out this section not later than the date that is one year after the date of the enactment of this Act. (g)

Applicability

This Act shall apply with respect to compensation payable for months beginning on or after the date of the enactment of this Act.