S AMDT 1015

S 1015 IS

To amend title 38, United States Code, to enhance disability compensation for certain disabled veterans with difficulties using prostheses and disabled veterans in need of regular aid and attendance for residuals of traumatic brain injury, and for other purposes.

May 11, 2009

Mr. BURR (for himself, Mr. ISAKSON, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs

To amend title 38, United States Code, to enhance disability compensation for certain disabled veterans with difficulties using prostheses and disabled veterans in need of regular aid and attendance for residuals of traumatic brain injury, and for other purposes.

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

SECTION 1. ENHANCEMENT OF DISABILITY COMPENSATION FOR CERTAIN DISABLED VETERANS WITH DIFFICULTIES USING PROSTHESES AND DISABLED VETERANS IN NEED OF REGULAR AID AND ATTENDANCE FOR RESIDUALS OF TRAUMATIC BRAIN INJURY.

(a) Veterans Suffering Anatomical Loss of Hands, Arms, or Legs- Section 1114 of title 38, United States Code, is amended--

(1) in subsection (m)--

(A) by striking ‘at a level, or with complications,’ and inserting ‘with factors’; and

(B) by striking ‘at levels, or with complications,’ and inserting ‘with factors’;

(2) in subsection (n)--

(A) by striking ‘at levels, or with complications,’ and inserting ‘with factors’;

(B) by striking ‘so near the hip as to’ and inserting ‘with factors that’; and

(C) by striking ‘so near the shoulder and hip as to’ and inserting ‘with factors that’; and

(3) in subsection (o), by striking ‘so near the shoulder as to’ and inserting ‘with factors that’.

(b) Veterans With Service-Connected Disabilities in Need of Regular Aid and Attendance for Residuals of Traumatic Brain Injury- Such section is further amended--

(1) in subsection (s), by striking the period at the end and inserting ‘; and’; and

(2) by adding at the end the following new subsection:

‘(t) subject to section 5503(c) of this title, if any veteran, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under subsection (r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care, the veteran shall be paid, in addition to any other compensation under this section, a monthly aid and attendance allowance at the rate of $2,820, which for purposes of section 1134 of this title shall be considered as additional compensation payable for disability. An allowance authorized under this subsection shall be paid in lieu of any allowance authorized by subsection (r)(1).’.

(c) Effective Date- The amendments made by this section shall apply with respect to claims filed under chapter 11 of title 38, United States Code, on or after the date of the enactment of this Act.