I 

115TH CONGRESS 

1ST SESSION H. R. 4369 

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 9, 2017 

Ms. MAXINE WATERS of California (for herself, Mr. EVANS, Mrs. BEATTY, 

Mr. SEAN PATRICK MALONEY of New York, and Mr. PAYNE) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Benefits 

5 for Disabled Veterans Act of 2017’’. 


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1 SEC. 2. CODIFICATION OF INDIVIDUAL UNEMPLOYABILITY. 

2 (a) IN GENERAL.—Chapter 11 of title 38, United 

3 States Code, is amended by inserting after section 1163 

4 the following: 

5 ‘‘§ 1164. Determination of total disability by reason of 

6 unemployability 

7 ‘‘(a) IN GENERAL.—Subject to subsection (b), for the 

8 purposes of this chapter, in the case of a veteran who has 

9 a service-connected disability, or service-connected disabil10 ities, not rated as total, the Secretary may assign a dis11 ability rating of total to the veteran if the Secretary deter12 mines the veteran— 

13 ‘‘(1) is unable to secure or maintain substan14 tially gainful employment as a result of, in part or 

15 in whole, a service-connected disability; and 

16 ‘‘(2) has— 

17 ‘‘(A) a service-connected disability rated at 

18 least 60 percent; or 

19 ‘‘(B) two or more service-connected disabil20 ities— 

21 ‘‘(i) at least one of which is rated at 

22 least 40 percent; and 

23 ‘‘(ii) that, combined, are rated at least 

24 70 percent. 

25 ‘‘(b) ADDITIONAL AUTHORITY OF THE SECRETARY

26 TO ASSIGN A DISABILITY RATING OF TOTAL.—The SecVerDate Sep 11 2014 23:57 Nov 17, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4369.IH H4369

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1 retary may assign a disability rating of total to a veteran 

2 who has a service-connected disability or disabilities de3 scribed in subsection (a)(2)— 

4 ‘‘(1) if the veteran maintains marginal employ5 ment; or 

6 ‘‘(2) if— 

7 ‘‘(A) the veteran maintains substantially 

8 gainful employment; and 

9 ‘‘(B) the Secretary, considering the totality 

10 of circumstances (including total household 

11 medical expenses and the cost of living in the 

12 area in which the veteran resides), determines 

13 that such assignation is appropriate. 

14 ‘‘(c) PROHIBITION ON THE CONSIDERATION OF CER15 TAIN FACTORS.—In making any determination under sub16 section (a) or (b), the Secretary may not consider the fol17 lowing: 

18 ‘‘(1) The age of a veteran. 

19 ‘‘(2) The eligibility of a veteran for any retire20 ment benefit, including any benefit under title II of 

21 the Social Security Act (42 U.S.C. 401 et seq.). 

22 ‘‘(d) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘marginal employment’ means 

24 employment for which the earned annual income is 

25 less than 100 percent of the official poverty threshVerDate Sep 11 2014 02:14 Nov 16, 2017 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4369.IH H4369

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1 old for an individual established by the United 

2 States Census Bureau. 

3 ‘‘(2) The term ‘substantially gainful employ4 ment’ means employment for which the earned an5 nual income equals or exceeds 100 percent of the of6 ficial poverty threshold for an individual established 

7 by the United States Census Bureau.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 11 of title 38, United States 

10 Code, is amended by adding after the item relating to sec11 tion 1163 the following: 

‘‘1164. Determination of total disability by reason of unemployability.’’. 

12 (c) REGULATIONS.—Not later than 180 days after 

13 the effective date of this Act, the Secretary of Veterans 

14 Affairs shall prescribe such regulations as may be nec15 essary to carry out this section. 

Æ 


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