II 110th CONGRESS 2d Session S. 3388 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.

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:

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.