[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1016 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1016

 To amend title 38, United States Code, to modify the commencement of 
 the period of payment of original awards of compensation for veterans 
     who are retired or separated from the uniformed services for 
                              disability.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2009

   Mr. Burr 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 modify the commencement of 
 the period of payment of original awards of compensation for veterans 
     who are retired or separated from the uniformed services for 
                              disability.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COMMENCEMENT OF PERIOD OF PAYMENT OF ORIGINAL AWARDS OF 
              COMPENSATION FOR VETERANS RETIRED OR SEPARATED FROM THE 
              UNIFORMED SERVICES FOR DISABILITY.

    (a) Commencement of Period of Payment.--
            (1) In general.--Subsection (a) of section 5111 of title 
        38, United States Code, is amended--
                    (A) by inserting ``(1)'' after ``(a)'';
                    (B) in paragraph (1), as designated by paragraph 
                (1) of this subsection, by striking ``in subsection (c) 
                of this section'' and inserting ``in paragraph (2) and 
                subsection (c)''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2)(A) In the case of a veteran who is retired or separated from 
the active military, naval, or air service for a disability or 
disabilities, payment of monetary benefits based on an award of 
compensation based on an original claim shall be made as of the date on 
which such award becomes effective as provided under section 5110 of 
this title or another applicable provision of law.
    ``(B) In the case of a veteran described by subparagraph (A) who is 
also covered by subsection (b)(2), payment of monetary benefits shall 
be made as described in subparagraph (A) only if the veteran files a 
waiver as described in subsection (b)(2) within the time specified in 
subsection (b)(2)(B).''.
            (2) Treatment of required waivers.--Subsection (b)(2) of 
        such section is amended--
                    (A) by striking ``If'' and inserting ``(A) Except 
                as provided in subparagraph (B), if''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) In the case of a veteran described by subparagraph (A) who is 
also described by subsection (a)(2), the effective date of a waiver 
described by subparagraph (A) shall be deemed to be the date on which 
the award of compensation for the veteran becomes effective under 
subsection (a)(2) if the waiver is filed by the veteran not later than 
30 days after the retirement or separation of the veteran from the 
active military, naval, or air service as described in subsection 
(a)(2).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply 
with respect to awards of compensation based on original claims that 
become effective on or after that date.
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