Page:United States Statutes at Large Volume 122.djvu/4173

 12 2 STA T .4 1 50PUBLIC LA W 110 –389—O CT. 10 , 2008 ‘ ‘ (I)underth ere g u la r p r ovis ions o f the s c hedule of ratings or ‘‘(II) on the b asis of individual une m plo y ability; and ‘‘(iii) has one or more — ‘‘(I) severe disabilities that result in substantially gainful employment not being feasible or advisable; or ‘‘(II) healed , unhealed, or incompletely healed w ounds or in j uries that ma k e material impairment of employability likely . ‘‘( B ) T o a veteran who, as a result of a highly stressful in - service event, has a mental disorder 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 re q uires hospital treatment or observation in a D epartment of V eterans A ffairs or approved hospital for a period in e x cess of 21 days. ‘‘(D) To a veteran who has a service-connected disability that has required convalescent care or treatment at hospital discharge (regular discharge or release to non-bed care) or outpatient release that meets the requirements of regulations prescribed by the S ecretary. ‘‘(2) W ith respect to a veteran described in paragraph (1)(A), the Secretary may assign a temporary disability rating to such veteran regardless of whether such veteran has obtained a medical examination or a medical opinion concerning such veteran’s dis- ability. ‘‘( 3 ) With respect to a veteran described in paragraph (1)(B), the Secretary shall schedule a medical examination for such veteran not later than six months after the separation or discharge of such veteran from active duty. ‘‘(b) T ERMINAT I O NO F TEM P ORAR Y DI S A B I L ITY R ATIN G S.—(1) E xcept as provided in paragraph (2), a temporary disability rating assigned to a veteran under this section shall remain in effect as follows

‘‘(A) F or a veteran who is assigned a temporary disability rating under subsection (a)(1)(A), until the later of the date that is— ‘‘(i) 12 months after the date of discharge or release from active duty; or ‘‘(ii) provided in regulations prescribed by the Sec- retary. ‘‘(B) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(B), until the date on which a rating decision is issued to such veteran following the medical examination scheduled under subsection (a)(3). ‘‘(C) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(C), until the later of the date that is— ‘‘(i) the last day of the month in which the veteran is discharged from the hospital as described in such sub- section (a)(1)(C); or ‘‘(ii) provided in regulations prescribed by the Sec- retary. Regulations. Regulations. D ea d line. Regulations.

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