II 110th CONGRESS 1st Session S. 1252 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.

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:

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.