I 

110TH CONGRESS 

2D SESSION H. R. 5089 

To reform the veterans’ disability determination process by requiring the 

Secretary of Veterans Affairs to pay disability compensation to certain 

veterans based on the concurring diagnoses of two physicians. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 22, 2008 

Mr. BARROW introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To reform the veterans’ disability determination process by 

requiring the Secretary of Veterans Affairs to pay disability compensation to certain veterans based on the 

concurring diagnoses of two physicians. 

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 ‘‘Veterans Disability 

5 Reform Act of 2007’’. 


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1 SEC. 2. PAYMENT OF DISABILITY COMPENSATION BY SEC2 RETARY OF VETERANS AFFAIRS SOLELY ON 

3 THE BASIS OF CONCURRING DIAGNOSES BY 

4 ANY TWO PHYSICIANS. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, the Secretary of Veterans Affairs shall pay 

7 compensation under chapter 11 of title 38, United States 

8 Code, to an eligible veteran. 

9 (b) ELIGIBLE VETERAN.—For the purposes of this 

10 Act, the term ‘‘eligible veteran’’ means a veteran who— 

11 (1) is discharged or released on or after Sep12 tember 11, 2001, under conditions other than dis13 honorable, from a period of service in the active mili14 tary, naval, or air service; and 

15 (2) submits to the Secretary of Veterans Affairs 

16 the concurring diagnoses of any two physicians stat17 ing that the veteran has a service-connected dis18 ability compensable under chapter 11 of title 38, 

19 United States Code, and the assignment by such 

20 physicians of a concurring rating of such disability. 

21 (c) SUBMISSION OF DIAGNOSES.—Concurring diag22 noses and disability ratings shall be submitted to the Sec23 retary of Veterans Affairs for purposes of this section in 

24 the manner the Secretary determines is appropriate. 

25 (d) AMOUNT OF COMPENSATION.—The Secretary of 

26 Veterans Affairs shall pay to an eligible veteran monthly 


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1 compensation in the amount payable under chapter 11 of 

2 title 38, United States Code for a disability rated at the 

3 same percentage assigned to the eligible veteran’s dis4 ability by the two physicians, regardless of whether the 

5 rating assigned by the physicians is the same rating that 

6 would have been assigned by the Secretary. 

7 (e) NO REQUIREMENT TO SUBMIT A CLAIM.—The 

8 Secretary of Veterans Affairs may not require an eligible 

9 veteran to submit a claim in accordance with chapter 51 

10 of title 38, United States Code, or otherwise, in order to 

11 receive compensation under this Act. 

12 (f) DEADLINE FOR REGULATIONS.—The Secretary of 

13 Veterans Affairs shall prescribe final regulations to carry 

14 out this section not later than the date that is one year 

15 after the date of the enactment of this Act. 

16 (g) APPLICABILITY.—This Act shall apply with re17 spect to compensation payable for months beginning on 

18 or after the date of the enactment of this Act. 

Æ 


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