[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5028 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5028

 To amend title 38, United States Code, to codify the authority of the 
Secretary of Veterans Affairs to assign a disability rating of total to 
    a veteran by reason of unemployability, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2019

   Ms. Waters (for herself, Ms. Norton, Mr. Kilmer, Mrs. Beatty, Ms. 
Tlaib, and Mr. Thompson of Mississippi) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to codify the authority of the 
Secretary of Veterans Affairs to assign a disability rating of total to 
    a veteran by reason of unemployability, 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. SHORT TITLE.

    This Act may be cited as the ``Protecting Benefits for Disabled 
Veterans Act of 2019''.

SEC. 2. CODIFICATION OF INDIVIDUAL UNEMPLOYABILITY.

    (a) In General.--Chapter 11 of title 38, United States Code, is 
amended by inserting after section 1163 the following:
``Sec. 1164. Determination of total disability by reason of 
              unemployability
    ``(a) Authority.--Subject to subsections (b) and (c), for the 
purposes of this chapter, in the case of a veteran who has a service-
connected disability, or service-connected disabilities, not rated as 
total, the Secretary may assign a disability rating of total to the 
veteran if the Secretary determines the veteran--
            ``(1) is unable to secure or maintain substantially gainful 
        employment as a result of, in part or in whole, a service-
        connected disability; and
            ``(2) has--
                    ``(A) a service-connected disability rated at least 
                60 percent; or
                    ``(B) two or more service-connected disabilities--
                            ``(i) at least one of which is rated at 
                        least 40 percent; and
                            ``(ii) that, combined, are rated at least 
                        70 percent.
    ``(b) Determination of Certain Disabilities.--For the above purpose 
of service-connected disabilities described in subsection (a)(2), the 
Secretary shall consider as one disability the following:
            ``(1) Disabilities of one or both upper extremities, or of 
        one or both lower extremities, including the bilateral factor, 
        if applicable.
            ``(2) Disabilities resulting from common etiology or a 
        single accident.
            ``(3) Disabilities affecting a single body system 
        (including orthopedic, digestive, respiratory, cardiovascular-
        renal, and neuropsychiatric).
            ``(4) Disabilities incurred or aggravated as a prisoner of 
        war.
    ``(c) Additional Authority of the Secretary To Assign a Disability 
Rating of Total.--The Secretary may assign a disability rating of total 
to a veteran who has a service-connected disability or disabilities 
described in subsection (a)(2)--
            ``(1) if the veteran maintains marginal employment; or
            ``(2) if--
                    ``(A) the veteran maintains substantially gainful 
                employment; and
                    ``(B) the Secretary, considering the totality of 
                circumstances (including total household medical 
                expenses and the cost of living in the area in which 
                the veteran resides), determines that such assignation 
                is appropriate.
    ``(d) Prohibition on the Consideration of Certain Factors.--In 
making any determination under subsection (a) or (c), the Secretary may 
not consider the following:
            ``(1) The age of a veteran.
            ``(2) The eligibility of a veteran for any retirement 
        benefit, including any benefit under title II of the Social 
        Security Act (42 U.S.C. 401 et seq.).
    ``(e) Definitions.--In this section:
            ``(1) The term `marginal employment' means employment for 
        which the earned annual income is less than 100 percent of the 
        official poverty threshold for an individual established by the 
        United States Census Bureau.
            ``(2) The term `substantially gainful employment' means 
        employment for which the earned annual income equals or exceeds 
        100 percent of the official poverty threshold for an individual 
        established by the United States Census Bureau.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 of title 38, United States Code, is amended by adding after 
the item relating to section 1163 the following:

``1164. Determination of total disability by reason of 
                            unemployability.''.
    (c) Regulations.--Not later than 180 days after the effective date 
of this Act, the Secretary of Veterans Affairs shall prescribe such 
regulations as may be necessary to carry out this section.
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