Protecting Benefits for Disabled Veterans Act of 2021

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. Short title This Act may be cited as the Protecting Benefits for Disabled Veterans Act of 2021 2. Codification of individual unemployability (a) In general Chapter 11 Public Law 116–315 1166. Determination of total disability by reason of unemployability (a) Authority Subject to subsections (b) and (c), for the purposes of this chapter, in the case of a veteran who has a service-connected disability, or service-connected disabilities, not rated as total, the Secretary may assign a disability rating of total to the veteran if the Secretary determines the veteran— (1) is unable to secure or maintain substantially gainful employment as a result of, in part or in whole, a service-connected disability; and (2) has— (A) a service-connected disability rated at least 60 percent; or (B) two or more service-connected disabilities— (i) at least one of which is rated at least 40 percent; and (ii) that, combined, are rated at least 70 percent. (b) Determination of certain disabilities For the above purpose of service-connected disabilities described in subsection (a)(2), the Secretary shall consider as one disability the following: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable. (2) Disabilities resulting from common etiology or a single accident. (3) Disabilities affecting a single body system (including orthopedic, digestive, respiratory, cardiovascular-renal, and neuropsychiatric). (4) Disabilities incurred or aggravated as a prisoner of war. (c) Additional authority of the Secretary To assign a disability rating of total The Secretary may assign a disability rating of total to a veteran who has a service-connected disability or disabilities described in subsection (a)(2)— (1) if the veteran maintains marginal employment; or (2) if— (A) the veteran maintains substantially gainful employment; and (B) the Secretary, considering the totality of circumstances (including total household medical expenses and the cost of living in the area in which the veteran resides), determines that such assignation is appropriate. (d) Prohibition on the consideration of certain factors In making any determination under subsection (a) or (c), the Secretary may not consider the following: (1) The age of a veteran. (2) The eligibility of a veteran for any retirement benefit, including any benefit under title II of the Social Security Act ( 42 U.S.C. 401 et seq. (e) Definitions In this section: (1) The term marginal employment (2) The term substantially gainful employment . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1165 the following: 1166. Determination of total disability by reason of unemployability. . (c) Regulations Not later than 180 days after the effective date of this Act, the Secretary of Veterans Affairs shall prescribe such regulations as may be necessary to carry out this section.

Summary: Protecting Benefits for Disabled Veterans Act of 2021 This bill provides statutory authority for the Department of Veterans Affairs (VA) to assign, for purposes of the disability compensation program, a disability rating of total to a veteran who meets certain parameters and is unable to secure or maintain substantially gainful employment due to a service-connected disability. Specifically, the VA may make such a disability determination if a veteran has a service-connected disability rated at least 60%, or has two or more service-connected disabilities with one being at least 40% and a combined total of at least 70%. The VA may also make a determination on the disability rating in circumstances where a veteran meeting the specified parameters maintains marginal employment (income is less than the poverty threshold), or if the veteran maintains substantially gainful employment (exceeds the poverty threshold) and the VA determines that the rating is appropriate. The bill prescribes what disabilities may be considered as one disability (e.g., disabilities incurred or aggravated as a prisoner of war). The VA may not consider the age of a veteran or eligibility for retirement benefits when making any determination related to disability rating.