Page:United States Statutes at Large Volume 122.djvu/488

 12 2 STA T .465PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 suchtowar ra n ta fi n d in g that th e disa b i l it y e x isted before the m ember ’ s entrance on acti v e duty ); ’’ .( b) SEPAR A TION O FR E GUL AR S AN DM E MB ERS ON AC TI V E D UT Y FOR MORE TH AN 30 DAYS. — Section 12 03(b)( 4 )( B ) of such title is amended by stri k ing ‘ ‘and the member has at least eight years of service com p uted under section 120 8 of this title’’ and inserting ‘‘, the member has six months or more of active military service, and the disability was not noted at the time of the member’s entrance on active duty (unless evidence or medical j udgment is such to warrant a finding that the disability existed before the member’s entrance on active duty)’’. SEC.1642 . R E QUI RE M E NT S A N DL IMITATI O NSONDE P ARTMENT O F DEFENSE DETERMINATIONS OF DISA B ILIT YW IT H RESPECT TO MEMBERS OF THE ARMED FORCES. (a) I N G ENERAL.— C hapter 6 1 of title 10, U nited States Code, is amended by inserting after section 1216 the following new section

‘ §12 1 6a.Det e rmin ati o n s o fd isa b i l it y: re qu irements and limitations on determinations ‘‘(a) UTILI Z ATION OF V A SCHEDULE FOR RATING DISABILITIES IN DETERMINATIONS OF DISABILITY.—(1) In making a determination of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned— ‘‘(A) shall, to the extent feasible, utili z e the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and ‘‘(B) except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule. ‘‘(2) In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule. ‘‘(b) CONSIDERATION OF ALL MEDICAL CONDITIONS.—In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin - ning of chapter 61 of such title is amended by inserting after the item relating to section 1216 the following new item: ‘ ‘ 12 1 6a.Det e rmin ati o n s o fd isa b i l it y: re qu irements and limitations on determina - tions. ’ ’. SEC. 164 3 . RE V IEW OF SEPARATION OF MEMBERS OF THE ARMED FORCES SEPARATED FROM SERVICE WITH A DISABILITY RATIN G OF2 0 PERCENT DISABLED OR LESS. (a) BOARD RE Q UIRED.— (1) IN GENERAL.—Chapter 79 of title 10, United States Code, is amended by inserting after section 1 5 54 the following new section:

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