[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1015 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1015

     To amend title 38, United States Code, to enhance disability 
  compensation for certain disabled veterans with difficulties using 
prostheses and disabled veterans in need of regular aid and attendance 
    for residuals of traumatic brain injury, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2009

  Mr. Burr (for himself, Mr. Isakson, and Mr. Durbin) 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 enhance disability 
  compensation for certain disabled veterans with difficulties using 
prostheses and disabled veterans in need of regular aid and attendance 
    for residuals of traumatic brain injury, 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. ENHANCEMENT OF DISABILITY COMPENSATION FOR CERTAIN DISABLED 
              VETERANS WITH DIFFICULTIES USING PROSTHESES AND DISABLED 
              VETERANS IN NEED OF REGULAR AID AND ATTENDANCE FOR 
              RESIDUALS OF TRAUMATIC BRAIN INJURY.

    (a) Veterans Suffering Anatomical Loss of Hands, Arms, or Legs.--
Section 1114 of title 38, United States Code, is amended--
            (1) in subsection (m)--
                    (A) by striking ``at a level, or with 
                complications,'' and inserting ``with factors''; and
                    (B) by striking ``at levels, or with 
                complications,'' and inserting ``with factors'';
            (2) in subsection (n)--
                    (A) by striking ``at levels, or with 
                complications,'' and inserting ``with factors'';
                    (B) by striking ``so near the hip as to'' and 
                inserting ``with factors that''; and
                    (C) by striking ``so near the shoulder and hip as 
                to'' and inserting ``with factors that''; and
            (3) in subsection (o), by striking ``so near the shoulder 
        as to'' and inserting ``with factors that''.
    (b) Veterans With Service-Connected Disabilities in Need of Regular 
Aid and Attendance for Residuals of Traumatic Brain Injury.--Such 
section is further amended--
            (1) in subsection (s), by striking the period at the end 
        and inserting ``; and''; and
            (2) by adding at the end the following new subsection:
    ``(t) subject to section 5503(c) of this title, if any veteran, as 
the result of service-connected disability, is in need of regular aid 
and attendance for the residuals of traumatic brain injury, is not 
eligible for compensation under subsection (r)(2), and in the absence 
of such regular aid and attendance would require hospitalization, 
nursing home care, or other residential institutional care, the veteran 
shall be paid, in addition to any other compensation under this 
section, a monthly aid and attendance allowance at the rate of $2,820, 
which for purposes of section 1134 of this title shall be considered as 
additional compensation payable for disability. An allowance authorized 
under this subsection shall be paid in lieu of any allowance authorized 
by subsection (r)(1).''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to claims filed under chapter 11 of title 38, United 
States Code, on or after the date of the enactment of this Act.
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