[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3388 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3388

 To amend title 38, United States Code, to authorize the assignment of 
 pre-stabilization disability ratings to certain veterans for purposes 
   of the payment of disability compensation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2008

 Mr. Barrasso introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to authorize the assignment of 
 pre-stabilization disability ratings to certain veterans for purposes 
   of the payment of disability compensation, 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. ASSIGNMENT OF PRE-STABILIZATION DISABILITY RATINGS TO 
              CERTAIN VETERANS.

    (a) Assignment of Pre-Stabilization Ratings.--
            (1) In general.--Chapter 11 of title 38, United States 
        Code, is amended by inserting after section 1155 the following 
        new section:
``Sec. 1156. Pre-stabilization disability ratings
    ``(a) Assignment of Pre-Stabilization Ratings.--For the purpose of 
providing disability compensation under this chapter to a qualifying 
veteran, the Secretary shall assign a pre-stabilization disability 
rating to the veteran as follows:
            ``(1) In the case of a qualifying veteran described in 
        subsection (b)(3)(A), a rating of 100 percent.
            ``(2) In the case of a qualifying veteran described in 
        subsection (b)(3)(B), a rating of 50 percent.
    ``(b) Qualifying Veteran.--For the purposes of this section, a 
qualifying veteran is a veteran--
            ``(1) who has been discharged from active duty service for 
        365 days or less;
            ``(2) for whom a permanent disability rating is not 
        immediately assignable under the regular provisions of the 
        schedule for rating disabilities under section 1155 of this 
        title or on the basis of individual unemployability; and
            ``(3) who has--
                    ``(A) a severe disability for whom substantially 
                gainful employment is not feasible or advisable; or
                    ``(B) a wound or injury, whether healed, unhealed, 
                or incompletely healed, for whom material impairment of 
                employability is likely.
    ``(c) Examinations.--A medical examination of a qualifying veteran 
is not required to be performed before assigning a pre-stabilization 
disability rating to the veteran under this section, but the fact that 
such an examination is conducted shall not prevent the Secretary from 
assigning such a rating.
    ``(d) Termination of Pre-Stabilization Rating.--(1) Except as 
provided in paragraph (2), a pre-stabilization disability rating 
assigned to a veteran under this section shall remain in effect until 
the earlier of the following dates:
            ``(A) The date on which the veteran receives a permanent 
        disability rating based on the schedule for rating disabilities 
        under section 1155 of this title.
            ``(B) The date that is 365 days after the date of the 
        veteran's last separation or release from active duty.
    ``(2) The Secretary may extend a pre-stabilization disability 
rating assigned to a veteran under this section beyond the applicable 
termination date under paragraph (1) if the Secretary determines that 
such an extension is appropriate.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 11 of such title is amended by inserting 
        after the item relating to section 1155 the following new item:

``1156. Pre-stabilization disability ratings.''.
    (b) Effective Date.--Section 1156 of title 38, United States Code, 
as added by subsection (a), shall take effect on the date of the 
enactment of this Act.
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