[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1252 Introduced in Senate (IS)]

  1st Session
                                S. 1252

To amend title 10, United States Code, to provide for uniformity in the 
   awarding of disability ratings for wounds or injuries incurred by 
          members of the Armed Forces, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2007

   Mr. Akaka introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to provide for uniformity in the 
   awarding of disability ratings for wounds or injuries incurred by 
          members of the Armed Forces, 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. UNIFORMITY IN DISABILITY RATINGS FOR MEMBERS OF THE ARMED 
              FORCES.

    (a) Uniformity in Disability Ratings.--
            (1) In general.--Chapter 61 of title 10, United States 
        Code, is amended by inserting after section 1216 the following 
        new section:
``Sec. 1216a. Ratings of disability: uniformity; schedule of ratings to 
              be utilized
    ``(a) In General.--The Secretary of Defense shall prescribe in 
regulations uniform standards for determinations of ratings of 
disability under this chapter in order to assure that the ratings of 
disability issued by the military departments for members of the armed 
forces with a wound or injury of a particular degree of disablement are 
consistent across the military departments.
    ``(b) Consideration of Applicable Medical Conditions.--The 
Secretary of Defense shall prescribe in regulations requirements that, 
in making the determination of a rating of disability of a member of 
the armed forces for purposes of this chapter, the Secretary concerned 
shall take into account all medical conditions incurred by the member 
while entitled to basic pay or while absent as described in section 
1201(c)(3) of this title that render the member unfit to perform the 
duties of the member's office, grade, rank, or rating, as determined 
utilizing the standard schedule for rating disabilities referred to in 
subsection (c).
    ``(c) Utilization of Schedule for Rating Disabilities of Department 
of Veterans Affairs.--In order to ensure uniformity in determinations 
of disability for purposes of this chapter and under the laws 
administered by the Secretary of Veterans Affairs, each Secretary 
concerned shall utilize the standard schedule for rating disabilities 
in use by the Department of Veterans Affairs, including any applicable 
interpretation of the schedule by the United States Court of Appeals 
for Veterans Claims or the United States Court of Appeals for the 
Federal Circuit, in making any determination of disability for purposes 
of this chapter. Such Secretary may not modify the schedule, or any 
interpretation of the schedule, whether by regulation, administrative 
action, or otherwise, in making any such determination for purposes of 
this chapter.
    ``(d) Training of Certain Personnel.--In order to ensure the 
compliance of such personnel with the provisions of this section in the 
making of determinations of ratings of disability of members of the 
armed forces under this chapter, the Secretary of Defense shall 
prescribe in regulations uniform requirements for training in the 
making of such determinations for personnel as follows:
            ``(1) Physical evaluation board personnel.
            ``(2) Physicians who serve on medical examination 
        boards.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 61 of such title is amended by inserting 
        after the item relating to section 1216 the following new item:

``1216a. Ratings of disability: uniformity; schedule of ratings to be 
                            utilized.''.
            (3) Conforming amendment.--Section 1216(a) of such title is 
        amended by adding at the end the following new sentence: ``Such 
        regulations shall be consistent with the provisions of section 
        1216a of this title and the regulations prescribed under that 
        section.''.
    (b) Regulations.--The Secretary of Defense shall prescribe the 
regulations required by section 1216a of title 10, United States Code 
(as added by subsection (a)), not later than 180 days after the date of 
the enactment of this Act.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
Congress a report setting forth the actions to be taken by the 
Secretary to implement the requirements to be prescribed under section 
1216a of title 10, United States Code (as so added), and to otherwise 
ensure that determinations of the ratings of disability of members of 
the Armed Forces for purposes of chapter 61 of title 10, United States 
Code, are made in a fair, uniform, and timely manner.
    (d) Effective Date.--Except as provided in subsection (b), section 
1216a of title 10, United States Code (as so added), shall take effect 
on the date that is 180 days after the date of the enactment of this 
Act.
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