II 

111TH CONGRESS 

1ST SESSION S. 1016 

To amend title 38, United States Code, to modify the commencement of 

the period of payment of original awards of compensation for veterans 

who are retired or separated from the uniformed services for disability. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2009 

Mr. BURR 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 modify the commencement of the period of payment of original awards 

of compensation for veterans who are retired or separated from the uniformed services for disability. 

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

3 SECTION 1. COMMENCEMENT OF PERIOD OF PAYMENT OF 

4 ORIGINAL AWARDS OF COMPENSATION FOR 

5 VETERANS RETIRED OR SEPARATED FROM 

6 THE UNIFORMED SERVICES FOR DISABILITY. 

7 (a) COMMENCEMENT OF PERIOD OF PAYMENT.— 


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•S 1016 IS

1 (1) IN GENERAL.—Subsection (a) of section 

2 5111 of title 38, United States Code, is amended— 

3 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

4 (B) in paragraph (1), as designated by 

5 paragraph (1) of this subsection, by striking ‘‘in 

6 subsection (c) of this section’’ and inserting ‘‘in 

7 paragraph (2) and subsection (c)’’; and 

8 (C) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2)(A) In the case of a veteran who is retired or 

11 separated from the active military, naval, or air service 

12 for a disability or disabilities, payment of monetary bene13 fits based on an award of compensation based on an origi14 nal claim shall be made as of the date on which such 

15 award becomes effective as provided under section 5110 

16 of this title or another applicable provision of law. 

17 ‘‘(B) In the case of a veteran described by subpara18 graph (A) who is also covered by subsection (b)(2), pay19 ment of monetary benefits shall be made as described in 

20 subparagraph (A) only if the veteran files a waiver as de21 scribed in subsection (b)(2) within the time specified in 

22 subsection (b)(2)(B).’’. 

23 (2) TREATMENT OF REQUIRED WAIVERS.—Sub24 section (b)(2) of such section is amended— 


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•S 1016 IS

1 (A) by striking ‘‘If’’ and inserting ‘‘(A) 

2 Except as provided in subparagraph (B), if’’; 

3 and 

4 (B) by adding at the end the following new 

5 subparagraph: 

6 ‘‘(B) In the case of a veteran described by subpara7 graph (A) who is also described by subsection (a)(2), the 

8 effective date of a waiver described by subparagraph (A) 

9 shall be deemed to be the date on which the award of com10 pensation for the veteran becomes effective under sub11 section (a)(2) if the waiver is filed by the veteran not later 

12 than 30 days after the retirement or separation of the vet13 eran from the active military, naval, or air service as de14 scribed in subsection (a)(2).’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) shall take effect on the date of the enact17 ment of this Act and shall apply with respect to awards 

18 of compensation based on original claims that become ef19 fective on or after that date. 

Æ 


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