America's Wounded Warriors Act - S. 2674

[robert51]

Rao send me a copy of the bill by this senator burr and asked if i would write letters to tell my states elected officals to VOTE NO and i did

As a disabled veteran and your voting constituent, I find the changes

that are being proposed to directly affect me and my family and we

strongly urge you to NOT allow this bill to pass .I am most concerned

with

the provisions of Senator Burr's America's Wounded Warrior Act (S 2674)

and Representative Buyer's Nobel Warrior Act (HR 5509), which would

drastically change the disability compensation system for America's

veterans. These bills are loosely based on the recommendations of the

President's Commission on Care for America's Wounded Warriors

(Dole/Shalala Commission), but the specifics of these bills would do

great

harm to these veterans in the following ways:

* Offset VA Disability Compensation by Social Security when the veteran

ages 65.

* Apply to all currently discharging veterans AND any veteran under

VA's

current compensation system who files a subsequent claim for additional

benefits.

* Once under the new system the veteran cannot return to the current

system.

* Protection for ratings in effect for 10 or more years would no longer

apply.

* Would require the VA Secretary to examine or consider:

(a) "the extent to which disability compensation may be used as an

incentive to undergo treatment"

(:) "the appropriate injuries to be covered under the new disability

rating system"

© "age" as a determining factor when considering average loss of

earnings capacity.

* Amends the law to provide the Secretary with authority to adopt and

apply a rating schedule for "specific injuries." This provision would

expressly limit VA authority over the Rating Schedule and places the

authority in the hands of Congress. If the Congress can not correct

the

Sustained Growth Rate formula of Medicare Law how can we expect the

Congress to do any better with the much more complex Disability Rating

Schedule?

* Provides for a quality of life payment, but only for those enrolled

in

the "new" compensation system.

* Allows or suggests: That VA "may take into account the effect on

potential future earnings caused by the age of the veteran at the time

a

disability rating is assigned." This provision would allow VA to

compensate an older veteran at a lower percentage of disability than a

younger veteran for the exact same disease or injury. Is this not age

discrimination?

* Provides that

(a) "as frequently as [the VA] considers it appropriate, [the VA]

must

reevaluate and ... adjust the disability rating for any veteran

receiving

compensation;"

( the VA "must ... take into account any adjustments in the rating

schedule that occurred since the last assignment of a rating;"

© The frequency of reevaluations would be determined by an

examining

physician. This places physicians back in the rating business, allows

for

frequent "adjustments" to a veteran's rating based on perceived

improvement, and further allows reductions based on a change in the

rating

criteria even when no improvement in the disability is shown.

For these reasons, among others, I strongly urge you to oppose

S2674/HR5509 and any other legislation which is detrimental to and/or

discriminatory against this nation's veterans.

Respectfully,

down better then me...

Edited March 15, 2008 by robert51

[Mcafee]

It sounds to me that Mr Senator Burr is not a veteran and has been wearing blinders for many years he needs a reality check. Changes in disability mmmmmmmmm! Are there changes when you are injured or missing limbs ETC. Politicians oioioioiii.

[Tbird]

Link To Bill

Link To Contact Congress Regarding America's Wounded Warriors Act - S. 2674

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Text of Bill Below

S 2674 IS

110th CONGRESS

2d Session

S. 2674

To amend titles 10 and 38, United States Code, to improve and enhance procedures for the retirement of members of the Armed Forces for disability and to improve and enhance authorities for the rating and compensation of service-connected disabilities in veterans, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 28, 2008

Mr. BURR introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

A BILL

To amend titles 10 and 38, United States Code, to improve and enhance procedures for the retirement of members of the Armed Forces for disability and to improve and enhance authorities for the rating and compensation of service-connected disabilities in veterans, 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; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `America's Wounded Warriors Act'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--RETIREMENT OF MEMBERS OF THE ARMED FORCES FOR DISABILITY

Sec. 101. Retirement for disability of members of the Armed Forces after implementation of enhanced Department of Veterans Affairs disability compensation system.

Sec. 102. Continuation of respite care and aid and other extended care benefits for members of the uniformed services who incur a serious injury or illness on active duty.

Sec. 103. Eligibility for medical and dental care of members of the Armed Forces retired after implementation of enhanced Department of Veterans Affairs disability compensation system.

TITLE II--COMPENSATION OF VETERANS FOR SERVICE-CONNECTED DISABILITY

Sec. 201. Study on veterans disability compensation.

Sec. 202. Study on veterans transition benefits.

Sec. 203. Study on measures to assist and encourage veterans in the completion of their vocational rehabilitation plans.

Sec. 204. Proposal on veterans disability compensation and veterans transition benefits.

Sec. 205. Congressional consideration of proposal.

Sec. 206. Effective date of implementation of enhanced Department of Veterans Affairs disability compensation system.

Sec. 207. Enhanced Department of Veterans Affairs disability compensation system.

Sec. 208. Supplemental survivor benefit for survivors of veterans retired for disability after implementation of enhanced Department of Veterans Affairs disability compensation system.

TITLE I--RETIREMENT OF MEMBERS OF THE ARMED FORCES FOR DISABILITY

SEC. 101. RETIREMENT FOR DISABILITY OF MEMBERS OF THE ARMED FORCES AFTER IMPLEMENTATION OF ENHANCED DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM.

(a) In General- Chapter 61 of title 10, United States Code, is amended--

(1) by inserting before section 1201 the following:

`SUBCHAPTER I--RETIREMENT OR SEPARATION BEFORE IMPLEMENTATION OF ENHANCED DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM

`Sec. 1200. Applicability of subchapter: members retired or separated before implementation of enhanced Department of Veterans Affairs disability compensation system; certain members on temporary disability retired list as of implementation of enhanced Department of Veterans Affairs disability compensation system

`(a) In General- Except as provided in subsection (b), this subchapter applies to the retirement or separation for disability of members as follows:

`(1) Members who are eligible for retirement for disability or separation for disability before the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system under chapter 12 of title 38 (as determined in accordance with section 206 of the America's Wounded Warriors Act).

`(2) Members on the temporary disability retired list as of the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system who--

`(A) are eligible for retirement under the provisions of subchapter II in accordance with section 1206c of this title; but

`(B) do not elect to retire under the provisions of subchapter II as otherwise provided in section 1206c of this title.

`(b) Inapplicability to Certain Members- For provisions relating to the applicability of subchapter II to the retirement for disability of certain members otherwise covered by this subchapter under subsection (a)(1), see section 1206b of this title.';

(2) by transferring section 1206a to appear after section 1207a and redesignating such section, as so transferred, as section 1207b; and

(3) by inserting after section 1206 the following:

`SUBCHAPTER II--RETIREMENT AFTER IMPLEMENTATION OF ENHANCED DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM

`Sec. 1206a. Applicability of subchapter: members retired on or after implementation of enhanced Department of Veterans Affairs disability compensation system

`(a) In General- This subchapter applies to the retirement of members for disability (including the placement of members on the temporary disability retired list in accordance with section 1206e of this title) on or after the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system (as determined in accordance with section 206 of the America's Wounded Warriors Act).

`(b) Exclusive Application- Members eligible for retirement under this subchapter by reason of this section are not eligible for retirement or separation under subchapter I.

`Sec. 1206b. Applicability of subchapter: certain members retired on or after October 7, 2001, but before implementation of enhanced Department of Veterans Affairs disability compensation system

`(a) Election of Applicability- (1) During such period as the Secretary of Defense shall prescribe for purposes of this section, a former member described in subsection (b) may elect to retire under this subchapter in lieu of retirement under the provisions of this chapter as in effect on the day before the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system (as determined in accordance with section 206 of the America's Wounded Warriors Act).

`(2) Each election under this subsection shall be executed in such form and manner as the Secretary of Defense shall prescribe for purposes of this section.

`(3) Any election made under this subsection is irrevocable.

`(b) Covered Former Members- A former member described in this subsection is any former member who, during the period beginning on October 7, 2001, and ending on the day before the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system, is retired under the provisions of this chapter as in effect before the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system.

`© Treatment of Former Members Making Elections- (1) Effective as of the date of the correction of the military records of such former member under subsection (d), each former member who makes an election under subsection (a) shall be deemed to have been retired under this subchapter, with retired pay computed under section 1401 of this title (as in effect after the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system), rather than to have been retired under the provisions of this chapter as in effect before the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system.

`(2) No benefits are available to a former member under this subchapter for any period before the correction of the military records of the former member under subsection (d).

`(3) The Secretary of Defense may not recoup or collect from any former member who is retired under this subchapter pursuant to an election under subsection (a) any amount of retired pay paid to the former member under this chapter before the date of the effective date of the correction of the military records of the former member under subsection (d).

`(d) Correction of Military Records- The Secretary concerned shall correct the military records of each former member making an election under subsection (a) to reflect that the former member is retired under the provisions of this subchapter rather than retired under the provisions of this chapter as in effect before the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system.

`Sec. 1206c. Applicability of subchapter: members on temporary disability retired list as of implementation of enhanced Department of Veterans Affairs disability compensation system

`(a) Election of Applicability- (1) A member described in subsection (b) may elect to retire under this subchapter in lieu of retirement under the provisions of subchapter I.

`(2) Each election under this subsection shall be executed in such form and manner as the Secretary of Defense shall prescribe for purposes of this section.

`(3) Any election made under this subsection is irrevocable.

`(b) Covered Members- A member described in this subsection is any member--

`(1) whose name is on the temporary disability retired list as of the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system (as determined in accordance with section 206 of the America's Wounded Warriors Act); and

`(2)(A) whose disability qualifying the member for placement on the temporary disability retired list is determined after such effective date by the Secretary concerned, based on accepted medical principles, to be of a permanent nature and stable; or

`(B) whose disability is considered after such effective date by the Secretary concerned to be of a permanent nature and stable after five years of the placement of the member's name on the temporary disability retired list in accordance with section 1210(b) of this title.

`© Timing of Election- A member eligible to make an election under subsection (a) by reason of a determination under subparagraph (A) or (B) of subsection (b)(2) shall make such election, if at all, during such period after the date of the determination as the Secretary of Defense shall prescribe for purposes of this section.

`(d) Treatment of Members Making Elections- (1) Effective as of the date of such election, each member who makes an election under subsection (a) shall be retired under this subchapter, with retired pay computed under section 1401 of this title (as in effect after the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system).

`(2) No benefits are available to a member under this subchapter for any period before the election of the member under subsection (a).

`(3) The Secretary of Defense may not recoup or collect from any member who is retired under this subchapter pursuant to an election under subsection (a) any amount of retired pay paid to the member under this chapter before the date of the election of the member under subsection (a).

`Sec. 1206d. Retirement

`(a) In General- Upon a determination by the Secretary concerned that a member covered by this subchapter under section 1206a of this title is unfit to perform the duties of the member's office, grade, rank, or rating because of physical disability, the Secretary may, consistent with regulations prescribed by the Secretary of Defense for purposes of this subchapter, retire the member, with retired pay computed under section 1401 of this title (as in effect after the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system), if the Secretary concerned also makes the determinations specified in subsection (b) with respect to the member.

`(b) Determinations- The determinations specified in this subsection with respect to a member are determinations by the Secretary concerned as follows:

`(1) That the disability of the member, based upon accepted medical principles--

`(A) is of a permanent nature; or

`(B) is of uncertain permanency, such that a temporary disability retirement under section 1206e of this title is appropriate.

`(2) That the injury, illness, or disease rendering the member unfit was incurred or aggravated in the line of duty--

`(A) while the member was entitled to basic pay under section 204 of title 37 or compensation under section 206 of that title;

`(B) while performing active duty but not entitled to basic pay under section 204 of title 37 or inactive-duty training; or

`© while engaged in an activity covered by section 1201©(3), 1204(2)(B), or 1204(2)© of this title.

`(3) That the injury, illness, or disease was not--

`(A) the result of the member's intentional misconduct or willful neglect; or

`(B) incurred during a period of unauthorized absence.

`Sec. 1206e. Temporary disability retired list

`(a) In General- Subject to the provisions of this section, a member covered by section 1206d(b) of this title who is described by paragraph (1)(B) of such section shall have such member's name placed on the temporary disability retired list, with retired pay computed under section 1401 of this title (as in effect after the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system (as determined in accordance with section 206 of the America's Wounded Warriors Act)).

`(b) Administration- (1) Subsection (a) shall be administered in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this section.

`(2)(A) Except as provided in subparagraph (B), the regulations prescribed under this subsection shall provide for the applicability of the provisions of sections 1210 and 1211 of this title to a member whose name is placed on the temporary disability retired list under this section.

`(B) The provisions of subsections ©, (d), and (e) of section 1210 of this title shall not apply to a member whose name is placed on the temporary disability retired list under this section.

`(3)(A) The regulations shall provide for appropriate mechanisms, applicable uniformly across the military departments, for an annual review by the military departments of determinations to place members' names on the temporary disability retired list under this section in order to ensure the accuracy and consistency of such determinations by the military departments.

`(B) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives each year a report on the results of the reviews conducted by the military departments under subparagraph (A) during the preceding year.

`© Retirement- If, as a result of a periodic examination under section 1210(a) of this title or upon a final determination under section 1210(b) of this title, it is determined that a member's physical disability is of a permanent nature, the member's name shall be removed from the temporary disability retired list, and the member shall be retired under section 1206d of this title.

`Sec. 1206f. Treatment of retired pay

`(a) In General- Except as provided in subsection (b), retired pay authorized by this subchapter shall be treated as retired pay for all purposes under this title.

`(b) Treatment for Eligibility for Medical and Dental Care- (1) Subject to paragraph (2), for purposes of eligibility for medical and dental care under chapter 55 of this title, retired pay authorized a member by this subchapter shall be treated as retired pay only in accordance with provisions of law enacted by Congress after receipt by Congress of the report of the Secretary of Defense on eligibility of members retired under this subchapter for medical and dental care, as submitted pursuant to section 103 of the America's Wounded Warriors Act.

`(2) In the event no provisions of law have been enacted by Congress as described by paragraph (1) to specify the category or categories of members of the armed forces retired under this subchapter who are to be eligible for medical and dental care under chapter 55 of this title as of the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system (as determined in accordance with section 206 of the America's Wounded Warriors Act), the category or categories of members who are to be so eligible for such medical and dental care after that date shall be such category or categories of members as the Secretary of Defense considers appropriate in regulations prescribed for purposes of this subsection.

`© No Offset Under Duplication of Benefits- Retired pay authorized by this subchapter is not subject to the prohibitions against duplication of benefits under sections 5304 and 5305 of title 38.

`(d) Ineligibility for Combat-Related Special Compensation- A member retired under this subchapter is not eligible for combat-related special compensation under section 1413a of this title.

`Sec. 1206g. Determinations of unfitness

`(a) In General- In this subchapter, a finding of unfitness for duty with respect to a member shall be based on determinations by the Secretary concerned that--

`(1) the member is unfit to perform the duties of the member's office, grade, rank, or rating because of a physical disability; and

`(2) it is unlikely that through retraining in another occupational specialty or other preparations the member can be reassigned to other duties the member would be fit to perform and which are consistent with the needs of the armed force concerned.

`(b) Interservice Transfer- With the consent of a member determined unfit for duty under subsection (a), the member may, instead of being retired under this subchapter, be transferred under section 716 of this title to another uniformed service if the Secretary responsible for that uniformed service determines that the member, currently or through retraining in another occupational specialty or other preparations, can be reassigned to other duties the member would be fit to perform and which are consistent with the needs of that uniformed service.

`© Continuation of Service of Member Determined Unfit- Upon the agreement of a member determined unfit for duty under subsection (a) and the Secretary concerned, the member's service may be continued under terms and conditions specified by the Secretary concerned, including through transfer to another uniformed service under section 716 of this title.

`Sec. 1206h. Definitions

`In this subchapter, the terms `disability' and `physical disability' include any disability based on a mental disorder.

`SUBCHAPTER III--ADMINISTRATIVE MATTERS'.

(b) Clerical Amendments- Chapter 61 of such title is further amended--

(1) by inserting after the chapter heading the following:

`Subchapter

--Sec.

1200

1206a

1207';

(2) by inserting after the subchapter heading for subchapter I, as added by subsection (a)(1) of this section, the following:

`Sec.

`1200. Applicability of subchapter: members retired or separated before implementation of enhanced Department of Veterans Affairs disability compensation system; certain members on temporary disability retired list as of implementation of enhanced Department of Veterans Affairs disability compensation system.

`1201. Regulars and members on active duty for more than 30 days: retirement.

`1202. Regulars and members on active duty for more than 30 days: temporary disability retired list.

`1203. Regulars and members on active duty for more than 30 days: separation.

`1204. Members on active duty for 30 days or less or on inactive-duty training: retirement.

`1205. Members on active duty for 30 days or less or on inactive-duty training: temporary disability retired list.

`1206. Members on active duty for 30 days or less or on inactive-duty training: separation.';

(3) by inserting after the subchapter heading for subchapter II, as added by subsection (a)(3) of this section, the following:

`Sec.

`1206a. Applicability of subchapter: members retired on or after implementation of enhanced Department of Veterans Affairs disability compensation system.

`1206b. Applicability of subchapter: certain members retired on or after October 7, 2001, but before implementation of enhanced Department of Veterans Affairs disability compensation system.

`1206c. Applicability of subchapter: members on temporary disability retired list as of implementation of enhanced Department of Veterans Affairs disability compensation system.

`1206d. Retirement.

`1206e. Temporary disability retired list.

`1206f. Treatment of retired pay.

`1206g. Determinations of unfitness.

`1206h. Definitions.';

and

(4) by inserting after the subchapter heading for subchapter III, as so added, the following:

`Sec.

`1207. Disability from intentional misconduct or willful neglect: separation.

`1207a. Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions.

`1207b. Reserve component members unable to perform duties when ordered to active duty: disability system processing.

`1208. Computation of service.

`1209. Transfer to inactive status list instead of separation.

`1210. Members on temporary disability retired list: periodic physical examination; final determination of status.

`1211. Members on temporary disability retired list: return to active duty; promotion.

`1212. Disability severance pay.

`1213. Effect of separation on benefits and claims.

`1214. Right to full and fair hearing.

`1215. Members other than Regulars: applicability of laws.

`1216. Secretaries: powers, functions, and duties.

`1217. Academy cadets and midshipmen: applicability of chapter.

`1218. Discharge or release from active duty: claims for compensation, pension, or hospitalization.

`1219. Statement of origin of disease or injury: limitations.

`1221. Effective date of retirement or placement of name on temporary disability retired list.'.

© Eligibility for Disability Retirement for Pre-Existing Condition After Eight Years of Service- Section 1207a(a) of title 10, United States Code, is amended by striking `or 1203' and inserting `1203, 1206b, 1206c, 1206d, or 1206e'.

(d) Computation of Retired Pay- The table in section 1401(a) of title 10, United States Code, is amended by inserting after the matter relating to Formula 2 the following matter:

--------------------------------------------------------

--------------------------------------------------------

`3 1206b Retired pay base 2 1/2 % of years of service

1206c as computed credited to the person

1206d under section under section 1208.1'.

1206e 1406(b) or

1407.

--------------------------------------------------------

(e) Conforming Amendments Relating to Retired Pay-

(1) RECOMPUTATION OF RETIRED PAY TO REFLECT LATER ACTIVE DUTY- Sections 1402(b) and 1402a(b) of title 10, United States Code, are each amended by inserting `(as in effect before the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system (as determined in accordance with section 206 of the America's Wounded Warriors Act) or subchapter I of chapter 61 of this title (as in effect after such effective date), as applicable' after `chapter 61 of this title'.

(2) RETIRED PAY BASE FOR MEMBERS RETIRED BEFORE SEPTEMBER 8, 1980- The items in the column in the table in section 1406(b)(1) of such title designated `For a member entitled to retired pay under section:' are amended to read as follows:

--------

--------

`1201

1202

1204

1205

1206b

1206c

1206d

1206e'.

--------

(3) RETIRED PAY BASE FOR MEMBERS RETIRED AFTER SEPTEMBER 7, 1980- Section 1407 of such title is amended--

(A) in subsection ©--

(i) in paragraph (1), by striking `other than section 1204 or 1205 or section 12731 of this title' and inserting `(other than section 1204, 1205, or 12731 of this title, or section 1206b, 1206c, 1206d, or 1206e of this title for nonregular service)';

(ii) in paragraph (2), by inserting `, or under section 1206b, 1206c, 1206d, or 1206e of this title for regular service,' after `section 1201 or 1202 of this title'; and

(iii) in paragraph (3)--

(I) by striking `section 1201 or 1202' and inserting `section 1201, 1202, 1206b, 1206c, 1206d, or 1206e'; and

(II) by inserting `or under section 1206b, 1206c, 1206d, or 1206e of this title for nonregular service' before the period; and

(B) in subsection (d)--

(i) in paragraph (2), by inserting `, or under section 1206b, 1206c, 1206d, or 1206e of this title for nonregular service,' after `section 1204 or 1205 of this title'; and

(ii) in paragraph (3), inserting `, or under section 1206, 1206c, 1206d, or 1206e of this title for nonregular service,' after `section 1204 or 1205 of this title'.

(4) GRADE ON RETIREMENT FOR PHYSICAL DISABILITY- Section 1372 of such title is amended--

(A) by striking `section 1201 or 1204' and inserting `section 1201, 1204, 1206b, 1206c, or 1206d'; and

(B) by striking `section 1202 or 1205' and inserting `section 1202, 1205, or 1206e'.

(f) Effective Date-

(1) IN GENERAL- Except as provided in paragraph (2), this section and the amendments made by this section shall take effect, if at all, on the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system as determined in accordance with section 206.

(2) ANTICIPATION OF IMPLEMENTATION- The Secretary of Defense shall take appropriate actions to ensure that the amendments made by this section are implementable on the effective date described in paragraph (1) in the event of the implementation of the enhanced Department of Veterans Affairs disability compensation system on that date.

SEC. 102. CONTINUATION OF RESPITE CARE AND AID AND OTHER EXTENDED CARE BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES WHO INCUR A SERIOUS INJURY OR ILLNESS ON ACTIVE DUTY.

Paragraph (4) of section 1074© of title 10, United States Code, as added by section 1633(a) of the Wounded Warrior Act (title XVI of the National Defense Authorization Act for Fiscal Year 2008), is amended--

(1) by redesignating subparagraph (B) as subparagraph ©; and

(2) by inserting after subparagraph (A) the following new subparagraph (B):

`(B) Coverage for a member under this paragraph may continue for such period after the discharge or separation of the member from active duty as the Secretary considers appropriate.'.

SEC. 103. ELIGIBILITY FOR MEDICAL AND DENTAL CARE OF MEMBERS OF THE ARMED FORCES RETIRED AFTER IMPLEMENTATION OF ENHANCED DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM.

(a) Study on Eligibility- The Secretary of Defense shall conduct a study to determine the members of the Armed Forces retired under subchapter II of chapter 61 of title 10, United States Code (as amended by section 101 of this Act), who are to be eligible for medical and dental care under chapter 55 of title 10, United States Code, after the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system as determined in accordance with section 206.

(b) Report- Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a). The report shall include--

(1) the results of the study; and

(2) comprehensive and specific recommendations on the category or categories of members described in subsection (a) who are to be eligible for medical and dental care as described in that subsection.

TITLE II--COMPENSATION OF VETERANS FOR SERVICE-CONNECTED DISABILITY

SEC. 201. STUDY ON VETERANS DISABILITY COMPENSATION.

(a) In General- The Secretary of Veterans Affairs shall conduct a study to determine the amount of compensation for service-connected disability to be payable to veterans under chapter 12 of title 38, United States Code (as added by section 207(b) of this Act), for each rating of disability assignable to veterans for service-connected disability.

(b) Matters To Be Examined- In conducting the study required by subsection (a), the Secretary shall examine the following:

(1) The nature of injuries and combination of injuries for which disability compensation is payable under various disability compensation programs of the Federal Government, State governments, and other countries.

(2) To the extent applicable, the nature of injuries and combination of injuries for which disability compensation is payable under commercial disability insurance.

(3) The extent to which quality of life and loss of earnings are independently taken into account in various disability compensation programs of the Federal Government, State governments, and other countries.

(4) The effect of an injury or combination of injuries on--

(A) average loss of earning capacity, such as inability to work in certain occupations; and

(B) a veteran's quality of life, such as activities of independent living, recreational and community activities, and personal relationships, including the inability to participate in favorite activities, social problems related to disfigurement or cognitive difficulties, and the need to spend increased amounts of time performing activities of daily living.

(5) The measurement of the effect of an injury or combination of injuries on a veteran's psychological state, loss of physical integrity, and social inability to adapt.

(6) The extent to which disability compensation for veterans may be used as an incentive to encourage veterans to seek and undergo appropriate medical treatment and vocational rehabilitation.

© Considerations in Determinations of Amounts of Compensation-

(1) GENERAL CONSIDERATIONS- In determining amounts of compensation under the study required by subsection (a), the Secretary shall ensure that the determinations--

(A) reflect current concepts of medicine and disability; and

(B) take into account loss of quality of life and average loss of earning capacity resulting from specific injuries or combinations of injuries.

(2) SPECIFIC CONSIDERATIONS- In determining amounts of compensation, the Secretary shall consider the following:

(A) The appropriate injuries or combination of injuries to be covered by the new schedule for rating service-connected disabilities.

(B) The appropriate level of compensation under that schedule for loss of quality of life.

© The appropriate standards for determining for purposes of that schedule whether an injury or combination of injuries has caused a loss in a veteran's quality of life.

(D) The appropriate level of compensation, including an age-appropriate level of compensation at time of initial filing of claims, under that schedule for loss of earnings.

(E) The appropriate standards for purposes of that schedule for determining whether an injury or combination of injuries causes loss of earnings.

(F) The appropriate relationship between the receipt of compensation under that schedule, and, where appropriate, assurances by the veterans concerned of participation in a regimen of medical treatment or vocational rehabilitation.

(d) Consultation- In conducting the study required by subsection (a), the Secretary--

(1) shall consult with such veterans and military service organizations and with such public and private organizations and individuals as the Secretary considers appropriate; and

(2) may employ consultants.

(e) Consideration of Completed and On-Going Studies- In conducting the study required by subsection (a), the Secretary may take into account the findings, determinations, and results of any completed or on-going study or report applicable to the matters addressed by the study required by subsection (a) that the Secretary considers appropriate.

(f) Report- Not later than 270 days after the commencement of the study required by subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the study. The report shall include the following:

(1) The findings of the Secretary under the study.

(2) The findings of the Secretary with respect to matters covered by the study arising from--

(A) the report of the Veterans' Disability Benefits Commission established pursuant to section 1501 of the National Defense Authorization Act of 2004 (38 U.S.C. 1101 note); and

(B) the reports of any other independent advisory commission that has studied the matters covered by the study as the Secretary considers appropriate.

(3) The recommendations of the Secretary on the matters considered under subparagraphs (A), ©, (E), and (F) of subsection ©(2), including a proposal for such legislative or administrative action as the Secretary considers appropriate to implement the recommendations.

SEC. 202. STUDY ON VETERANS TRANSITION BENEFITS.

(a) In General- The Secretary of Veterans Affairs shall conduct a study to determine the appropriate amounts and duration of transition payments to be payable under chapter 12 of title 38, United States Code (as added by section 207(b) of this Act), including the amount of monthly transition payments to be payable under section 1204(b) of title 38, United States Code (as so added), and the amount and duration of rehabilitation transition allowances to be payable under section 1204© of title 38, United States Code (as so added), to veterans who are participating in a rehabilitation program under chapter 17 or 31 of title 38, United States Code.

(b) Considerations- In determining under subsection (a) the amount and duration of rehabilitation transition allowances to be payable under section 1204© of title 38, United States Code (as so added), to veterans who are participating in a rehabilitation program under chapter 17 or 31 of title 38, United States Code, the Secretary shall take into account the prohibition in paragraph (7) of such section 1204© on the payment of subsistence allowances otherwise authorized by section 3108 of title 38, United States Code, to veterans paid rehabilitation transition allowances under such section 1204©.

© Consultation- In conducting the study required by subsection (a), the Secretary--

(1) shall consult with such veterans and military service organizations and with such public and private organizations and individuals as the Secretary considers appropriate; and

(2) may employ consultants.

(d) Consideration of Completed and On-Going Studies- In conducting the study required by subsection (a), the Secretary may take into account the findings, determinations, and results of any completed or on-going study or report applicable to the matters addressed by the study required by subsection (a) that the Secretary considers appropriate.

(e) Report- Not later than 270 days after the commencement of the study required by subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the study. The report shall include the following:

(1) The findings of the Secretary under the study.

(2) The findings of the Secretary with respect to matters covered by the study arising from--

(A) the report of the Veterans' Disability Benefits Commission established pursuant to section 1501 of the National Defense Authorization Act of 2004 (38 U.S.C. 1101 note); and

(B) the reports of such other independent advisory commissions that have studied the matters covered by the study as the Secretary considers appropriate.

SEC. 203. STUDY ON MEASURES TO ASSIST AND ENCOURAGE VETERANS IN THE COMPLETION OF THEIR VOCATIONAL REHABILITATION PLANS.

(a) In General- The Secretary of Veterans Affairs shall conduct a study to identify the following:

(1) The various factors that may prevent or preclude veterans from completing their vocational rehabilitation plans through the Department of Veterans Affairs or otherwise achieving the vocational rehabilitation objectives of such plans.

(2) Actions to be taken by the Secretary to assist and encourage veterans in overcoming such factors and in otherwise completing their vocational rehabilitation plans or achieving the vocational rehabilitation objectives of such plans.

(b) Matters To Be Examined- In conducting the study required by subsection (a), the Secretary shall examine the following:

(1) Measures utilized in other disability systems in the United States, and in other countries, to encourage completion of vocational rehabilitation.

(2) Any survey data available to the Secretary that relates to the matters covered by the study.

(3) The results of the studies conducted pursuant to sections 201 and 202, including any analysis for purposes of such studies of the extent to which disability compensation may be used as an incentive to encourage veterans to undergo and complete vocational rehabilitation.

(4) The report of the Veterans' Disability Benefits Commission established pursuant to section 1501 of the National Defense Authorization Act of 2004 (38 U.S.C. 1101 note).

(5) The report of the President's Commission on Care for America's Returning Wounded Warriors.

© Considerations- In conducting the study required by subsection (a), the Secretary shall consider--

(1) the extent to which bonus payments or other incentives may be used to encourage veterans to complete their vocational rehabilitation plans or otherwise achieve the vocational rehabilitation objectives of such plans; and

(2) such other matters as the Secretary considers appropriate.

(d) Consultation- In conducting the study required by subsection (a), the Secretary--

(1) shall consult with such veterans and military service organizations and with such public and private organizations and individuals as the Secretary considers appropriate; and

(2) may employ consultants.

(e) Report- Not later than 270 days after the commencement of the study required by subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the study. The report shall include the following:

(1) The findings of the Secretary under the study.

(2) Any recommendations that the Secretary considers appropriate for actions to be taken by the Secretary in light of the study, including a proposal for such legislative or administrative action as the Secretary considers appropriate to implement the recommendations.

SEC. 204. PROPOSAL ON VETERANS DISABILITY COMPENSATION AND VETERANS TRANSITION BENEFITS.

Not later than one year after the later of the dates of the reports required by sections 201(f) and 202(d), the Secretary of Veterans Affairs shall submit to Congress a proposal setting forth the following:

(1) A statement of the purpose or purposes of the disability compensation and transition payments to be payable to veterans under chapter 12 of title 38, United States Code (as added by section 207(b) of this Act).

(2) A statement of the amounts of compensation for service-connected disability to be payable to veterans under chapter 12 of title 38, United States Code (as so added), for each rating of disability assignable to veterans for service-connected disability.

(3) A statement of the amounts and duration of transition benefits to be payable to veterans under chapter 12 of title 38, United States Code (as so added), including the amount of monthly transition payments to be payable under section 1204(b) of title 38, United States Code (as so added), and the amount and duration of rehabilitation transition allowances to be payable under section 1204© of title 38, United States Code (as so added), to veterans who are participating in a rehabilitation program under chapter 17 or 31 of title 38, United States Code.

SEC. 205. CONGRESSIONAL CONSIDERATION OF PROPOSAL.

(a) Terms of Joint Resolution- For purposes of this section, the term `joint resolution' means only a joint resolution which is introduced within the 10-day period beginning on the date on which the Secretary of Veterans Affairs submits to Congress the proposal of the Secretary of Veterans Affairs on veterans disability compensation and veterans transition benefits under section 204, and--

(1) which does not have a preamble;

(2) the matter after the resolving clause of which is as follows: `That Congress disapproves the proposal on veterans disability compensation and veterans transition benefits under section 204 of the America's Wounded Warriors Act as submitted to Congress on XXXXX', the blank space being filled in with the appropriate date; and

(3) the title of which is as follows: `Joint resolution disapproving the proposal of the Secretary of Veterans Affairs on veterans disability compensation and veterans transition benefits under the America's Wounded Warriors Act.'.

(b) Referral- A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Veterans' Affairs of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Veterans' Affairs of the Senate.

© Discharge- If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the 60-day period beginning on the date on which the Secretary of Veterans Affairs submits to Congress the proposal under section 204, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved.

(d) Consideration-

(1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection ©) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of.

(2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order.

(3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur.

(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate.

(e) Consideration by Other House-

(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply:

(A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii).

(B) With respect to a resolution described in subsection (a) of the House receiving the resolution--

(i) the procedure in that House shall be the same as if no resolution had been received from the other House; but

(ii) the vote on final passage shall be on the resolution of the other House.

(2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House.

(f) Rules of the Senate and House- This section is enacted by Congress--

(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and

(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

SEC. 206. EFFECTIVE DATE OF IMPLEMENTATION OF ENHANCED DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM.

(a) In General- For purposes of this Act and the amendments made by this Act, the effective date of the implementation of the enhanced Department of Veterans Affair disability compensation system is the date, as provided in subsection (b), on which the authority of Congress under section 205 to disapprove the proposal of the Secretary of Veterans Affairs on veterans disability compensation and veterans transition benefits under section 204 expires, but only if Congress does not so disapprove the proposal of the Secretary before such date.

(b) Disapproval by Congress-

(1) IN GENERAL- The Secretary of Veterans Affairs shall not implement the enhanced Department of Veterans Affairs disability compensation system if a joint resolution is enacted, in accordance with section 205, disapproving the proposal of the Secretary of Veterans Affairs on veterans disability compensation and veterans transition benefits under section 204 before the earlier of--

(A) the end of the 85-day period beginning on the date on which the Secretary submits the proposal to Congress; or

(B) the adjournment of Congress sine die for the session during which the proposal is submitted.

(2) COMPUTATION OF PERIODS- For purposes of paragraph (1) and section 205, the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period.

© Enhanced Department of Veterans Affairs Disability Compensation System Defined- For purposes of this Act and the amendments made by this Act, the term `enhanced Department of Veterans Affairs disability compensation system' means--

(1) the elements of the proposal of the Secretary of Veterans Affairs on veterans disability compensation and veterans transition benefits under section 204; and

(2) the amendments to section 1155 of title 38, United States Code, made by section 207(a) of this Act; and

(3) chapter 12 of title 38, United States Code, as added by section 207(b) of this Act.

SEC. 207. ENHANCED DEPARTMENT OF VETERANS AFFAIRS DISABILITY COMPENSATION SYSTEM.

(a) Modification of Schedule of Ratings To Account for Loss of Earning Capacity and Quality of Life-

(1) IN GENERAL- Section 1155 of title 38, United States Code, is amended to read as follows:

`Sec. 1155. Schedule for rating disabilities

`(a) In General- The Secretary shall adopt and apply a schedule of ratings of disability of veterans associated with specific injuries or combinations of injuries.

`(b) Scope of Ratings- (1) For veterans for whom disability compensation is payable under this chapter, the ratings under subsection (a) shall be based, as far as practicable, upon the average impairments of earning capacity in civil occupations resulting from the injuries concerned.

`(2) For veterans for whom disability compensation is payable under chapter 12 of this title, the ratings shall reflect, as far as practicable, each of the following:

`(A) Average loss of earning capacity, such as inability to work in certain occupations.

`(B) Quality of life, such as activities of independent living, recreational and community activities, and personal relationships, including the inability to participate in favorite activities, social problems related to disfigurement or cognitive difficulties, and the need to spend increased amounts of time performing activities of daily living.

`© Grades of Disability- (1) For veterans for whom disability compensation is payable under this chapter, the schedule of ratings shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent.

`(2) For veterans for whom disability compensation is payable under chapter 12 of this title, the schedule of ratings shall be constructed--

`(A) at the discretion of the Secretary in light of the study required by sections 201 of the America's Wounded Warriors Act, so as to provide such number of grades of disability as the Secretary considers appropriate;

`(B) at the discretion of the Secretary in light of the study referred to in subparagraph (A), so as to provide either--

`(i) the assignment to veterans of separate grades of disability reflecting each matter specified in subparagraphs (A) and (B) of subsection (b)(2); or

`(ii) the assignment to veterans of a single grade of disability reflecting both such matters; and

`© if provided in the schedule at the discretion of the Secretary in light of the study referred to in subparagraph (A), so as to reflect in the grade of disability assignable to a veteran for average loss of earning capacity the effect of the age of the veteran on the potential future earnings of the veteran at the time of assignment.

`(d) Adjustment- The Secretary shall from time to time adjust the schedule of ratings in accordance with experience.

`(e) Preservation of Rating- (1) Except as provided in paragraph (2), an adjustment in the schedule of ratings under subsection (d) shall not cause a veteran's disability rating in effect on the effective date of the adjustment to be reduced unless an improvement in the veteran's disability is shown to have occurred.

`(2) An adjustment in the schedule of ratings may result in a reduction in a veteran's disability rating as provided in section 1205 of this title.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1155 and inserting the following new item:

`1155. Schedule for rating disabilities.'.

(3) EFFECTIVE DATE- Except as provided in paragraph (4), this subsection and the amendments made by this subsection shall take effect, if at all, on the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system as determined in accordance with section 206.

(4) ANTICIPATION OF IMPLEMENTATION- The Secretary of Veterans Affairs shall take appropriate actions to ensure that the amendments made by this subsection are implementable on the effective date described in paragraph (3) in the event of the implementation of the enhanced Department of Veterans Affairs disability compensation system on that date.

(b) Disability Compensation for Loss of Earning Capacity and Quality of Life and Transition Payments for Participation in Medical or Rehabilitational Regimen-

(1) IN GENERAL- Part II of title 38, United States Code, is amended by inserting after chapter 11 the following new chapter:

`CHAPTER 12--COMPENSATION AND TRANSITION PAYMENTS FOR SERVICE-CONNECTED DISABILITY

`Sec.

`1201. Compensation for service-connected disability: veterans not rated as service-connected disabled who file claims for compensation on or after implementation of enhanced Department of Veterans Affairs disability compensation system.

`1202. Compensation for service-connected disability: veterans rated as service-connected disabled as of implementation of enhanced Department of Veterans Affairs disability compensation system who file claims on or after implementation.

`1203. Rates of compensation.

`1204. Transition benefits: payments; allowances.

`1205. Periodic review of extent of disability.

`1206. Prohibition on duplication of benefits.

`Sec. 1201. Compensation for service-connected disability: veterans not rated as service-connected disabled who file claims for compensation on or after implementation of enhanced Department of Veterans Affairs disability compensation system

`(a) In General- In the case of a veteran who has not been rated as having a service-connected disability under chapter 11 of this title as of the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system (as determined in accordance with section 206 of the America's Wounded Warriors Act) and who files with the Secretary a claim with respect to disability on or after that effective date, for disability resulting from personal injury suffered or disease contracted in line of duty, or from aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, the United States will pay such veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which such injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in section 1203 of this title, but no compensation shall be paid if the disability is a result of such veteran's own willful misconduct or abuse of alcohol or drugs.

`(b) Rating of Disability- The rating of disability for which compensation is payable under this section shall be assigned utilizing the schedule of ratings under section 1155 of this title that is applicable to veterans for whom disability compensation is payable under this chapter.

`© Limitations- (1) The payment of compensation pursuant to this section shall be subject to the provisions of sections 5110 and 5112 of this title.

`(2) Compensation shall not be paid under this section to a veteran who is retired for disability under subchapter II of chapter 61 of title 10 pursuant to section 1206a of that title for any period before the first day following termination of the veteran's receipt of benefits under section 1204 of this title.

`Sec. 1202. Compensation for service-connected disability: veterans rated as service-connected disabled as of implementation of enhanced Department of Veterans Affairs disability compensation system who file claims on or after implementation

`(a) In General- In the case of a veteran who is rated as having a service-connected disability under chapter 11 of this title as of the effective date of the implementation of the enhanced Department of Veterans Affairs disability compensation system (as determined in accordance with section 206 of the America's Wounded Warriors Act) who files with the Secretary a claim with respect to such disability or disabilities, or another disability, on or after that date, for disability resulting from personal injury suffered or disease contracted in line of duty, or from aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, the United States will pay such veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which such injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in section 1203 of this title, but no compensation shall be paid if such disability is a result of such veteran's own willful misconduct or abuse of alcohol or drugs.

`(b) Rating of Disability- The rating of disability for which compensation is payable under this section shall--

`(1) take into account all service-connected disabilities of the veteran concerned, including any disability for which such veteran was rated as having a service-connected as described in subsection (a) and the disability with respect to which such veteran files a claim as described in that subsection; and

`(2) be assigned utilizing the schedule of ratings under section 1155 of this title that is applicable to veterans for whom disability compensation is payable under this chapter.

`© Limitation- The payment of compensation pursuant to this section shall be subject to the provisions of sections 5110 and 5112 of this title.

`Sec. 1203. Rates of compensation

`(a) In General- For purposes of sections 1201 and 1202 of this title, the rates of compensation payable for disabilities shall be the applicable rates specified for grade of disability in the proposal of the Secretary of Veterans Affairs under section 204(2) of the America's Wounded Warriors Act.

`(b) Reduction for Persons Incarcerated for Conviction of a Felony- The payment of compensation for disabilities under sections 1201 and 1202 shall be subject to the provisions of section 5313 of this title.

`© Source of Funds- Amounts for the payment of compensation under this section shall be derived from amounts available in the Compensation and Pension account of the Department of Veterans Affairs.

`Sec. 1204. Transition benefits: payments; allowances

`(a) Eligible Veterans- For purposes of this section, an eligible veteran is any veteran who is retired under subchapter II of chapter 61 of title 10 pursuant to section 1206a of that title.

`(b) Monthly Transition Payments- (1) Subject to the provisions of this subsection, the Secretary shall pay to each eligible veteran a monthly transition payment.

`(2) A veteran entitled to monthly transition payments under this subsection shall be paid--

`(A) a monthly transition payment in an amount equal to the amount specified with respect to the veteran in the proposal of the Secretary of Veterans Affairs under section 204(3) of the America's Wounded Warriors Act for each of the first three months beginning on the date of the veteran's retirement as described in paragraph (1); and

`(B) a one-time prorated payment of such amount for the remaining portion of the month in which the retirement of the veteran occurred.

`(3) No payment shall be made to a veteran under this subsection for any period for which a rehabilitation transition allowance is paid the veteran under subsection ©.

`© Rehabilitation Transition Allowance- (1) Subject to the provisions of this subsection, the Secretary shall pay to each eligible veteran who is participating in a rehabilitation program under chapter 17 or 31 of this title a monthly rehabilitation transition allowance described in paragraph (3) during the period described in paragraph (4).

`(2)(A) For purposes of this subsection, a veteran shall be treated as participating in a rehabilitation program under chapter 17 of this title if, as determined by the Secretary, the veteran is participating in an intensive treatment program under that chapter for a service-connected disability which program is intended to assist the veteran in restoring the veteran's ability to obtain and maintain substantially gainful employment.

`(B) For purposes of this subsection, a veteran shall be treated as participating in a rehabilitation program under chapter 31 of this title during any period, as determined by the Secretary, during which the veteran is eligible, notwithstanding paragraph (7), for the subsistence allowance authorized by section 3108(a)(1) of this title.

`(3)(A) The amount of the monthly rehabilitation transition allowance payable to a veteran under this subsection is the amount equal to the amount specified with respect to the veteran in the proposal of the Secretary of Veterans Affairs under section 204(3) of the America's Wounded Warriors Act.

`(B) For any month in which an eligible veteran participates in a rehabilitation program described in paragrap

[Pete53]

I bet that Senator Burr is a Republican. This Bill will not pass in my opinion.