1.This Act may be cited as the
Benefit Rating Acceleration for
Veteran Entitlements Act of 2008
.
2.Treatment of
service-connected disability rated and certified as total by reason of
unemployability by the Secretary of Veterans Affairs as disability for purposes
of title II of the Social Security Act
(a)Disability for
purposes of entitlement to disability insurance benefits and other benefits
based on disability
(1)Section 223(d) of the Social Security Act (42 U.S.C.
423(d)) is amended by adding at the end the following new paragraph:
(7)(A)Notwithstanding the
preceding provisions of this subsection, any individual who has a
service-connected disability rated by the Secretary of Veterans Affairs as
total by reason of unemployability for purposes of benefits under
chapter 11 of title 38,
United States Code, is expected by such Secretary to have such disability for
not less than one year, and presents written certification of such rating
determination to the Commissioner of Social Security shall be deemed to be
under a disability (within the meaning of the preceding paragraphs of this
subsection) for each month—
(i)beginning with the first month for
which the Secretary of Veterans Affairs determines the individual to have such
a rating, and
(ii)ending with the earlier of—
(I)any month during which
certification is made to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
(II)any month during which the
Commissioner determines that such individual is no longer entitled to benefits
under this title on the basis of being disabled as a result of a continuing
disability review or a determination that the individual is able to engage in
substantial gainful activity.
(B)In any case in which the Secretary of
Veterans Affairs determines that an individual who has been determined by such
Secretary to be totally disabled by reason of unemployability for purposes of
benefits under chapter 11 of title 38, United States Code, and with respect to
whom a certification has been made to the Commissioner pursuant to subparagraph
(A)(ii)(I) that such individual has ceased to be so disabled, such Secretary
shall promptly certify to the Commissioner such Secretary’s determination that
such individual has ceased to be so disabled.
(C)Nothing in this paragraph shall be
construed to preclude a determination under this title that an individual who
is not deemed to be under a disability under subparagraph (A) is under a
disability (within the meaning of the preceding paragraphs of this
subsection).
(D)The Commissioner of Social Security
and the Secretary of Veterans Affairs shall enter into such arrangements as are
necessary and appropriate for purposes of carrying out the provisions of this
paragraph. Such arrangements shall include requirements for—
(i)the Secretary of Veterans Affairs
to—
(I)include in the written
certification required under subparagraph (A) the dates of services which
resulted in the service connected disability of the individual; and
(II)immediately notify the
Commissioner of Social Security of any knowledge of such Secretary that an
individual who is deemed to be under a disability under subparagraph (A)
engages or is able to engage in substantial gainful activity; and
(ii)the Commissioner of Social Security
to provide the Secretary of Veterans Affairs with the names of each individual
deemed to be under a disability under subparagraph (A).
(E)An individual who is deemed to be
under a disability under subparagraph (A) shall be notified of the requirement
to immediately notify the Commissioner of Social Security and the Secretary of
Veterans Affairs of any work activity engaged in by the individual that results
in earnings that exceed the level of earnings established by the Commissioner
of Social Security to represent substantial gainful activity and that are not
conducted during a period of trial work (as defined in section
222(c)).
.
(2)Other benefits
based on disability
(A)Child’s
insurance benefitsSection 202(d)(1) of such Act (42 U.S.C.
402(d)(1)) is amended by adding at the end the following new sentence:
Under regulations of the Commissioner of Social Security, the provisions
of section 223(d)(7) shall apply with respect to benefits under this section
(and determinations of disability made for purposes of determinations of
entitlement to such benefits) in the same manner and to the same extent as such
provisions apply with respect to benefits under section 223 (and determinations
of disability made for purposes of determinations of entitlement to benefits
under section 223).
.
(B)Widow’s
insurance benefitsSection
202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by
adding at the end the following new sentence: Under regulations of the
Commissioner of Social Security, the provisions of section 223(d)(7) shall
apply with respect to benefits under this section (and determinations of
disability made for purposes of determinations of entitlement to such benefits)
in the same manner and to the same extent as such provisions apply with respect
to benefits under section 223 (and determinations of disability made for
purposes of determinations of entitlement to benefits under section
223).
.
(C)Widower’s
insurance benefitsSection
202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by
adding at the end the following new sentence: Under regulations of the
Commissioner of Social Security, the provisions of section 223(d)(7) shall
apply with respect to benefits under this section (and determinations of
disability made for purposes of determinations of entitlement to such benefits)
in the same manner and to the same extent as such provisions apply with respect
to benefits under section 223 (and determinations of disability made for
purposes of determinations of entitlement to benefits under section
223).
.
(b)Determinations
of periods of disabilitySection 216(i) of such Act (42 U.S.C.
416(i)) is amended by adding at the end the following new paragraph:
(4)(A)Notwithstanding
paragraphs (1) and (2), any individual who has a service-connected disability
rated by the Secretary of Veterans Affairs as total by reason of
unemployability for purposes of benefits under
chapter 11 of title 38,
United States Code, is expected by such Secretary to have such disability for
not less than one year, and presents written certification of such rating
determination to the Commissioner of Social Security shall be deemed to be
under a disability (within the meaning of paragraph (1)) for each month—
(i)beginning with the first month for
which the Secretary of Veterans Affairs determines the individual to have such
a rating, and
(ii)ending with the earlier of—
(I)any month during which
certification is made to the Commissioner pursuant to subparagraph (B) that
such service-connected disability has ceased, or
(II)any month during which the
Commissioner determines that such individual is no longer entitled to benefits
under this title on the basis of being disabled as a result of a continuing
disability review or a determination that the individual is able to engage in
substantial gainful activity.
(B)In any case in which the Secretary of
Veterans Affairs determines that an individual who has been determined by such
Secretary to be totally disabled by reason of unemployability for purposes of
benefits under chapter 11 of title 38, United States Code, and with respect to
whom a certification has been made to the Commissioner pursuant to subparagraph
(A) that such individual has ceased to be so disabled, such Secretary shall
promptly certify to the Commissioner such Secretary’s determination that such
individual has ceased to be so disabled.
(C)Nothing in this paragraph shall be
construed to preclude a determination under this title that an individual who
is not deemed to be under a disability under subparagraph (A) is under a
disability (within the meaning of paragraph (1)).
(D)The Commissioner of Social Security
and the Secretary of Veterans Affairs shall enter into such arrangements as are
necessary and appropriate for purposes of carrying out the provisions of this
paragraph. Such arrangements shall include requirements for—
(i)the Secretary of Veterans Affairs
to—
(I)include in the written
certification required under subparagraph (A) the dates of services which
resulted in the service connected disability of the individual; and
(II)immediately notify the
Commissioner of Social Security of any knowledge of such Secretary that an
individual who is deemed to be under a disability under subparagraph (A)
engages or is able to engage in substantial gainful activity; and
(ii)the Commissioner of Social Security
to provide the Secretary of Veterans Affairs with the names of each individual
deemed to be under a disability under subparagraph (A).
(E)An individual who is deemed to be
under a disability under subparagraph (A) shall be notified of the requirement
to immediately notify the Commissioner of Social Security and the Secretary of
Veterans Affairs of any work activity engaged in by the individual that results
in earnings that exceed the level of earnings established by the Commissioner
of Social Security to represent substantial gainful activity and that are not
conducted during a period of trial work (as defined in section
222(c)).
.
3.Treatment of
disability rated and certified as total by reason of unemployability by the
Secretary of Veterans Affairs as disability for purposes of title XVI of the
Social Security ActSection
1614(a)(3) of the Social Security Act (42 U.S.C. 1382c(a)(3)) is amended
by adding at the end the following new subparagraph:
(K)In making
determinations with respect to disability under this title, the provisions of
section 223(d)(7) shall apply in the same manner as they apply to
determinations of disability under title
II.
.
4.Application of
medical findings by the Secretary of Veterans Affairs for individuals with a
service-connected disability for purposes of disability determinations under
titles II and XVI of the Social Security ActSection 223(d)(5) of the Social Security Act
(42 U.S.C. 423(d)(5)) is amended by adding at the end the following new
subparagraph:
(C)In making any determination with
respect to whether an individual is under a disability or continues to be under
a disability, the medical findings of the Secretary of Veterans Affairs,
including any findings of physical limitations, regarding any individual who
has a service-connected disability certified by the Secretary of Veterans
Affairs (without regard to whether such service-connected disability is rated
by the Secretary of Veterans Affairs as total by reason of unemployability for
purposes of benefits under
chapter 11 of title 38,
United States Code, and is expected by such Secretary to have such disability
for not less than one year) shall be conclusive evidence of
disability.
.
5.Treatment of
veterans determined disabled for purposes of the Social Security Act as
veterans totally disabled by reason of individual unemployability
(a)Subchapter VI of chapter 11 of title 38, United States
Code, is amended by adding at the end the following new section:
1164.Treatment of
certain veterans as totally disabled by reason of individual
unemployability
(a)A veteran who is determined by the Commissioner of Social
Security to be under a disability for purposes of title II or XVI of the Social
Security Act (42 U.S.C. 401 et seq., 1381 et seq.) shall be treated for
purposes of this chapter as being a veteran with a disability or a combination
of disabilities rated as 100 percent disabling by reason of a determination of
individual unemployability.
(b)No
establishment of service-connectionThe requirement in subsection
(a) shall not be construed to establish a service-connection or presumption of
service-connection with respect to any disability of a veteran.
(c)(1)Subsection (a) shall
cease to apply to a veteran otherwise covered by that subsection upon either of
the following:
(A)A reduction by the Secretary of the
combined disability rating of the veteran in accordance with a determination by
the Secretary that an improvement in one or more of the veteran's disabilities
has occurred.
(B)A determination by the Commissioner of
Social Security that the veteran is no longer under a disability for purposes
of titles II and XVI of the Social Security Act.
(2)The Commissioner of Social Security
shall promptly notify the Secretary of each determination covered by paragraph
(1)(B).
.
(b)The table of sections at the beginning of chapter 11 of
such title is amended by adding at the end the following new item:
1164. Treatment of certain veterans as totally disabled by
reason of individual
unemployability.
.
6.The amendments made by
this Act shall apply with respect to determinations of disability in connection
with applications for benefits or periods of disability filed or pending on or
after the date of the enactment of this Act.