II 

110TH CONGRESS 

2D SESSION S. 3388 

To amend title 38, United States Code, to authorize the assignment of 

pre-stabilization disability ratings to certain veterans for purposes of 

the payment of disability compensation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2008 

Mr. BARRASSO introduced the following bill; which was read twice and 

referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to authorize the 

assignment of pre-stabilization disability ratings to certain veterans for purposes of the payment of disability 

compensation, 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. ASSIGNMENT OF PRE-STABILIZATION DIS4 ABILITY RATINGS TO CERTAIN VETERANS. 

5 (a) ASSIGNMENT OF PRE-STABILIZATION RAT6 INGS.— 


rwilkins on PROD1PC63 with BILLS
2 

•S 3388 IS

1 (1) IN GENERAL.—Chapter 11 of title 38, 

2 United States Code, is amended by inserting after 

3 section 1155 the following new section: 

4 ‘‘§ 1156. Pre-stabilization disability ratings 

5 ‘‘(a) ASSIGNMENT OF PRE-STABILIZATION RAT6 INGS.—For the purpose of providing disability compensa7 tion under this chapter to a qualifying veteran, the Sec8 retary shall assign a pre-stabilization disability rating to 

9 the veteran as follows: 

10 ‘‘(1) In the case of a qualifying veteran de11 scribed in subsection (b)(3)(A), a rating of 100 per12 cent. 

13 ‘‘(2) In the case of a qualifying veteran de14 scribed in subsection (b)(3)(B), a rating of 50 per15 cent. 

16 ‘‘(b) QUALIFYING VETERAN.—For the purposes of 

17 this section, a qualifying veteran is a veteran— 

18 ‘‘(1) who has been discharged from active duty 

19 service for 365 days or less; 

20 ‘‘(2) for whom a permanent disability rating is 

21 not immediately assignable under the regular provi22 sions of the schedule for rating disabilities under 

23 section 1155 of this title or on the basis of indi24 vidual unemployability; and 

25 ‘‘(3) who has— 


rwilkins on PROD1PC63 with BILLS
3 

•S 3388 IS

1 ‘‘(A) a severe disability for whom substan2 tially gainful employment is not feasible or ad3 visable; or 

4 ‘‘(B) a wound or injury, whether healed, 

5 unhealed, or incompletely healed, for whom ma6 terial impairment of employability is likely. 

7 ‘‘(c) EXAMINATIONS.—A medical examination of a 

8 qualifying veteran is not required to be performed before 

9 assigning a pre-stabilization disability rating to the vet10 eran under this section, but the fact that such an examina11 tion is conducted shall not prevent the Secretary from as12 signing such a rating. 

13 ‘‘(d) TERMINATION OF PRE-STABILIZATION RAT14 ING.—(1) Except as provided in paragraph (2), a pre-sta15 bilization disability rating assigned to a veteran under this 

16 section shall remain in effect until the earlier of the fol17 lowing dates: 

18 ‘‘(A) The date on which the veteran receives a 

19 permanent disability rating based on the schedule 

20 for rating disabilities under section 1155 of this 

21 title. 

22 ‘‘(B) The date that is 365 days after the date 

23 of the veteran’s last separation or release from ac24 tive duty. 


rwilkins on PROD1PC63 with BILLS
4 

•S 3388 IS

1 ‘‘(2) The Secretary may extend a pre-stabilization 

2 disability rating assigned to a veteran under this section 

3 beyond the applicable termination date under paragraph 

4 (1) if the Secretary determines that such an extension is 

5 appropriate.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 11 of such title is 

8 amended by inserting after the item relating to sec9 tion 1155 the following new item: 

‘‘1156. Pre-stabilization disability ratings.’’. 

10 (b) EFFECTIVE DATE.—Section 1156 of title 38, 

11 United States Code, as added by subsection (a), shall take 

12 effect on the date of the enactment of this Act. 

Æ 


rwilkins on PROD1PC63 with BILLS