38 U.S.C. § 1155 — Authority for schedule for rating disabil-

Page 190 TITLE 38—VETERANS’ BENEFITS § 1155 INTERIM BENEFITS FOR DISABILITY OR DEATH IN CERTAIN CASES Pub. L. 98–542, § 9, Oct. 24, 1984, 98 Stat. 2732, provided for payment of interim monthly disability benefits to veterans who had served in Vietnam during Vietnam era and who had diseases chloracne and porphyria cutanea tarda which manifested themselves within one year after date of veteran’s most recent departure from Vietnam, but with no such interim benefits to be paid after Sept. 30, 1986. RADIATION EXPOSURE STUDY AND GUIDE Pub. L. 98–160, title VI, Nov. 21, 1983, 97 Stat. 1006, as amended by Pub. L. 98–542, § 8(b), Oct. 24, 1984, 98 Stat. 2732, provided for the conduct of an epidemiological study of long-term adverse health effects of exposure to ionizing radiation from detonation of nuclear devices in connection with tests of such devices or in connec- tion with occupation of Hiroshima and Nagasaki, Japan, between Sept. 11, 1945, and July 1, 1946, and pro- vided for reports to Congress on studies made together with recommendations as to necessary legislation. § 1155. Authority for schedule for rating disabil- ities The Secretary shall adopt and apply a sched- ule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capac- ity resulting from such injuries in civil occupa- tions. The schedule shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent. The Secretary shall from time to time readjust this schedule of ratings in accordance with experi- ence. However, in no event shall such a readjust- ment in the rating schedule cause a veteran’s disability rating in effect on the effective date of the readjustment to be reduced unless an im- provement in the veteran’s disability is shown to have occurred. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1125, § 355; Pub. L. 98–223, title I, § 101(c), Mar. 2, 1984, 98 Stat. 38; renumbered § 1155 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–86, title I, § 103(a), Aug. 14, 1991, 105 Stat. 414.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–86 amended this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by inserting at end ‘‘However, in no event shall such a re- adjustment in the rating schedule cause a veteran’s dis- ability rating in effect on the effective date of the read- justment to be reduced unless an improvement in the veteran’s disability is shown to have occurred.’’ Pub. L. 102–83, § 5(a), renumbered section 355 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in two places. 1984—Pub. L. 98–223 substituted ‘‘percent’’ for ‘‘per centum’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–86, title I, § 103(b), Aug. 14, 1991, 105 Stat. 415, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- gard to changes in rating schedules that take effect after the date of the enactment of this Act [Aug. 14, 1991].’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–223 effective Apr. 1, 1984, see section 107 of Pub. L. 98–223, set out as a note under section 1114 of this title. § 1156. Temporary disability ratings (a) ASSIGNMENT OF TEMPORARY RATINGS.—(1) For the purpose of providing disability com- pensation under this chapter to veterans, the Secretary shall assign a temporary disability rating to a veteran as follows: (A) To a veteran who— (i) was discharged or released from active duty not more than 365 days before the date such veteran submits a claim for disability compensation under this chapter; (ii) has one or more disabilities for which a rating of total is not immediately assign- able— (I) under the regular provisions of the schedule of ratings; or (II) on the basis of individual unemployability; and (iii) has one or more— (I) severe disabilities that result in sub- stantially gainful employment not being feasible or advisable; or (II) healed, unhealed, or incompletely healed wounds or injuries that make mate- rial impairment of employability likely. (B) To a veteran who, as a result of a highly stressful in-service event, has a mental dis- order that is severe enough to bring about the veteran’s discharge or release from active duty. (C) To a veteran who has a service-connected disability that requires hospital treatment or observation in a Department of Veterans Af- fairs or approved hospital for a period in ex- cess of 21 days. (D) To a veteran who has a service-con- nected disability that has required convales- cent care or treatment at hospital discharge (regular discharge or release to non-bed care) or outpatient release that meets the require- ments of regulations prescribed by the Sec- retary. (2) With respect to a veteran described in para- graph (1)(A), the Secretary may assign a tem- porary disability rating to such veteran regard- less of whether such veteran has obtained a medical examination or a medical opinion con- cerning such veteran’s disability. (3) With respect to a veteran described in para- graph (1)(B), the Secretary shall schedule a med- ical examination for such veteran not later than six months after the separation or discharge of such veteran from active duty. (b) TERMINATION OF TEMPORARY DISABILITY RATINGS.—(1) Except as provided in paragraph (2), a temporary disability rating assigned to a veteran under this section shall remain in effect as follows: (A) For a veteran who is assigned a tem- porary disability rating under subsection (a)(1)(A), until the later of the date that is—