[Congressional Record Volume 153, Number 69 (Monday, April 30, 2007)]
[Senate]
[Pages S5309-S5310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 1252. A bill to amend title 10, United States Code, to provide for 
uniformity in the awarding of disability ratings for wounds or injuries 
incurred by members of the Armed Forces, and for other purposes; to the 
Committee on Armed Services.
  Mr. AKAKA. Mr. President, today I introduce legislation that would 
reform the Department of Defense Disability Evaluation System. This 
legislation offers common sense solutions to problems within the 
Disability Evaluation System that first gained public attention in 
connection with the stories about the conditions at Walter Reed Army 
Medical Center. Unfortunately, the problems with the Disability 
Evaluation System are not limited to the Army but exist throughout the 
military services.
  At an April 12, 2007, Joint Senate Armed Services and Veterans' 
Affairs Committee Hearing, we received testimony that identified 
problems with the current system. Examples of the issues identified 
were the failure to use the VA disability rating schedule in a 
consistent manner across the military services; the failure to include 
all, not just the most severe medical conditions that would render a 
servicemember unfit when making a disability decision; the lack of 
uniform training for Disability Evaluation System personnel; and the 
lack of accountability and supervision by DoD over the disability 
process.
  Some have suggested that the solution to the problems within the 
Disability Evaluation System is to radically change it. Under current 
DoD

[[Page S5310]]

practice, a service-specific Physical Evaluation Board, PEB, makes a 
``fitness'' for duty determination. If a servicemember is found to be 
unfit for continued service, the PEB then makes a disability decision. 
Instead of seeking ways to ensure that the system functions as 
intended, some have suggested that the military continue to make 
``fitness'' determinations, but that the Department of Veterans Affairs 
would be responsible for making disability decisions for servicemembers 
found to be unfit.
  While this may appear to be a reasonable recommendation, I am 
concerned that if this recommendation is implemented without careful 
consideration, we might be creating more problems than we can solve.
  The VA disability rating system is already stressed with its existing 
caseload. In this time of armed conflict when there are more injured 
servicemembers each day, it makes no sense to add more pressure to an 
already overburdened VA system, especially when there is no indication 
that VA would do a better job than DoD in making disability ratings. As 
long as there is consistency in how we determine what percentage of 
disability a servicemembers receives, it should not matter who makes 
the rating.
  Rather than shifting the focus to VA, I believe our focus should be 
on solving the problems of fairness and consistency for assigning 
disability ratings within and across the Services. To that end, the 
bill I am introducing addresses consistency of disability ratings 
within DoD, uniform use of the Veterans Affairs rating schedule across 
the military services, uniform training of Medical Evaluation Board/
Physical Evaluation Board personnel, and accountability by DoD to 
ensure compliance with disability rating regulations and policies.
  This legislation is a good first step towards changing the DoD 
Disability Evaluation System that needs to be reformed for the benefit 
of our wounded and seriously injured servicemembers. It will improve 
DoD-wide disability rating regulations and policies, and ensure 
consistency as these regulations and policies are applied across the 
Services.
  Mr. President, I urge my colleagues to join me in making these 
positive changes to the DoD Disability Evaluation System. We owe our 
injured and disabled servicemembers no less.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1252

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

     SECTION 1. UNIFORMITY IN DISABILITY RATINGS FOR MEMBERS OF 
                   THE ARMED FORCES.

       (a) Uniformity in Disability Ratings.--
       (1) In general.--Chapter 61 of title 10, United States 
     Code, is amended by inserting after section 1216 the 
     following new section:

     ``Sec. 1216a. Ratings of disability: uniformity; schedule of 
       ratings to be utilized

       ``(a) In General.--The Secretary of Defense shall prescribe 
     in regulations uniform standards for determinations of 
     ratings of disability under this chapter in order to assure 
     that the ratings of disability issued by the military 
     departments for members of the armed forces with a wound or 
     injury of a particular degree of disablement are consistent 
     across the military departments.
       ``(b) Consideration of Applicable Medical Conditions.--The 
     Secretary of Defense shall prescribe in regulations 
     requirements that, in making the determination of a rating of 
     disability of a member of the armed forces for purposes of 
     this chapter, the Secretary concerned shall take into account 
     all medical conditions incurred by the member while entitled 
     to basic pay or while absent as described in section 
     1201(c)(3) of this title that render the member unfit to 
     perform the duties of the member's office, grade, rank, or 
     rating, as determined utilizing the standard schedule for 
     rating disabilities referred to in subsection (c).
       ``(c) Utilization of Schedule for Rating Disabilities of 
     Department of Veterans Affairs.--In order to ensure 
     uniformity in determinations of disability for purposes of 
     this chapter and under the laws administered by the Secretary 
     of Veterans Affairs, each Secretary concerned shall utilize 
     the standard schedule for rating disabilities in use by the 
     Department of Veterans Affairs, including any applicable 
     interpretation of the schedule by the United States Court of 
     Appeals for Veterans Claims or the United States Court of 
     Appeals for the Federal Circuit, in making any determination 
     of disability for purposes of this chapter. Such Secretary 
     may not modify the schedule, or any interpretation of the 
     schedule, whether by regulation, administrative action, or 
     otherwise, in making any such determination for purposes of 
     this chapter.
       ``(d) Training of Certain Personnel.--In order to ensure 
     the compliance of such personnel with the provisions of this 
     section in the making of determinations of ratings of 
     disability of members of the armed forces under this chapter, 
     the Secretary of Defense shall prescribe in regulations 
     uniform requirements for training in the making of such 
     determinations for personnel as follows:
       ``(1) Physical evaluation board personnel.
       ``(2) Physicians who serve on medical examination 
     boards.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 61 of such title is amended by inserting 
     after the item relating to section 1216 the following new 
     item:

``1216a. Ratings of disability: uniformity; schedule of ratings to be 
              utilized.''.

       (3) Conforming amendment.--Section 1216(a) of such title is 
     amended by adding at the end the following new sentence: 
     ``Such regulations shall be consistent with the provisions of 
     section 1216a of this title and the regulations prescribed 
     under that section.''.
       (b) Regulations.--The Secretary of Defense shall prescribe 
     the regulations required by section 1216a of title 10, United 
     States Code (as added by subsection (a)), not later than 180 
     days after the date of the enactment of this Act.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth the actions to be taken by 
     the Secretary to implement the requirements to be prescribed 
     under section 1216a of title 10, United States Code (as so 
     added), and to otherwise ensure that determinations of the 
     ratings of disability of members of the Armed Forces for 
     purposes of chapter 61 of title 10, United States Code, are 
     made in a fair, uniform, and timely manner.
       (d) Effective Date.--Except as provided in subsection (b), 
     section 1216a of title 10, United States Code (as so added), 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.
                                 ______