SEC. 2. ASSIGNMENT OF TEMPORARY DISABILITY RATING 
TO 
CERTAIN 
MEMBERS 
OF 
THE 
ARMED 
FORCES FOR PURPOSES OF LAWS ADMINIS-
TERED BY SECRETARY OF VETERANS AF-
FAIRS. 
(a) IN GENERAL.—For purposes of the laws adminis-
tered by the Secretary of Veterans Affairs, at the request 
of an eligible member of the Armed Forces, the Secretary 
shall assign to that member a temporary disability rating 
of 30 percent upon the date of such member’s separation 
from the Armed Forces, or in the case of an eligible mem-
ber of the Armed Forces who has received a medical diag-
nosis of post traumatic stress disorder or traumatic brain 
injury, upon receipt of such diagnosis. 
(b) ASSIGNMENT OF PERMANENT DISABILITY RAT-
ING.—Upon the assignment of a permanent disability rat-
ing to an eligible member of the Armed Forces who has 
received a temporary disability rating under subsection 
(a)— 
(1) if such permanent disability rating is more 
than 30 percent, for each month that the member 
received a disability compensation payment under 
chapter 11 of title 38, United States Code, the Sec-
retary of Veterans Affairs shall make a payment to 
the member in an amount equal to the difference be-
tween the amount the member actually received for 
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that month and the amount the member would have 
received if the member had been assigned the mem-
ber’s permanent disability rating; and 
(2) if such permanent disability rating is less 
than 30 percent, the member shall not be required 
to make any payment to the Secretary for any ben-
efit provided during the period of time for which the 
member was assigned the temporary disability rat-
ing. 
(c) RELATION
TO SEVERANCE
AND SEPARATION 
PAY.—A payment of disability compensation received by 
an eligible member of the Armed Forces who receives a 
temporary disability rating under subsection (a) is not 
subject to offset even though the member also receives sep-
aration pay under section 1174 of title 10, United States 
Code, or disability severance pay under section 1212 of 
such title. 
(d) ELIGIBLE MEMBER OF THE ARMED FORCES.— 
For purposes of this Act, an eligible member of the Armed 
Forces is a member of the Armed Forces who— 
(1) served on active duty in support of Oper-
ation Iraqi Freedom or Operation Enduring Free-
dom; 
(2) has not received a disability rating from the 
Secretary of Veterans Affairs for the disability for 
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which the member requests a temporary disability 
rating; 
(3) is not authorized for pre-stabilization bene-
fits under 38 C.F.R. 4.28; 
(4) has submitted to the Secretary of Veterans 
Affairs a claim for disability compensation under 
laws administered by the Secretary of Veterans Af-
fairs for the disability for which the member re-
quests the temporary disability rating but has not 
received such compensation; and 
(5) is separated from the Armed Forces— 
(A) pursuant to section 1201 of title 10, 
United States Code; or 
(B) under conditions other than dishonor-
able and has— 
(i) been determined by the Secretary 
of Defense to have a disability with a rat-
ing of at least 10 percent under the stand-
ard schedule of rating disabilities in use by 
the Department of Veterans Affairs at the 
time of the determination; or 
(ii) received a medical diagnosis of 
post traumatic stress disorder or traumatic 
brain injury. 
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(e) RESPONSIBILITIES
OF
SECRETARY
OF
DE-
FENSE.—The Secretary of Defense shall— 
(1) not later than 30 days before the date on 
which the Secretary anticipates that an eligible 
member of the Armed Forces will separate from the 
Armed Forces, notify the Secretary of Veterans Af-
fairs of that date; and 
(2) before the date on which the Secretary an-
ticipates that an eligible member of the Armed 
Forces will separate from the Armed Forces, trans-
mit to the Secretary of Veterans Affairs the medical 
and service records of that member. 
(f) TREATMENT
OF
ANTICIPATED
SEPARATION 
DATE.—For purposes of providing benefits under the laws 
administered by the Secretary of Veterans Affairs, the 
Secretary may use the anticipated date of separation pro-
vided to the Secretary under subsection (e)(1). 
(g) PTSD AND TBI REGISTRY.—The Secretary of 
Veterans Affairs shall establish a post traumatic stress 
disorder and traumatic brain injury registry and shall in-
clude in the registry all eligible members of the Armed 
Forces who request a temporary disability rating under 
this section who have been diagnosed with post traumatic 
stress disorder or traumatic brain injury. 
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(h) TERMINATION.—The authority of the Secretary 
of Veterans Affairs to assign a temporary disability rating 
under this section shall expire on the date that is five 
years after the date of the enactment of this Act. 
Æ 
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