Page:United States Statutes at Large Volume 122.djvu/491

 12 2 STA T .468PUBLIC LA W 11 0– 181 —J A N .28, 2008 (1)PROG R AMS A UTH OR IZED.—Forthepu rpo s es set f orth in su b se c tion (c) , the S ecret a r y of D efense m ay estab l ish an d conduct pilot pro g rams w ith respect to the system of the Depart - ment of Defense for the e v aluation of the disabilities of members of the A rmed Forces who are being separated or retired from the Armed Forces for disability under chapter 6 1oftitle1 0, U nited States C ode (in this section referred to as the ‘ ‘disability evaluation system ’ ’). ( 2 ) TYP ESO F PI L OT PROGRAMS.— I n carrying out this section, the Secretary of Defense may conduct one or more of the pilot programs described in paragraphs (1) through ( 3 ) of sub- section (b) or such other pilot programs as the Secretary of Defense considers appropriate. (3) CO N SULTATION.—In establishing and conducting any pilot program under this section, the Secretary of Defense shall consult with the Secretary of V eterans Affairs. (b) S C OPE OF PILOT PROGRAMS.— (1) DISA B ILITY DETERMINATIONS BY DOD UTILIZING V A ASSIGNED DISABILITY RATING.—Under one of the pilot programs authori z ed by subsection (a), for purposes of ma k ing a deter- mination of disability of a member of the Armed Forces under section 1201(b) of title 10, United States Code, for the retire- ment, separation, or placement of the member on the temporary disability retired list under chapter 61 of such title, upon a determination by the Secretary of the military department con- cerned that the member is unfit to perform the duties of the member’s office, grade, rank, or rating because of a physical disability as described in section 1201(a) of such title— (A) the Secretary of Veterans Affairs may— (i) conduct an evaluation of the member for phys- ical disability and (ii) assign the member a rating of disability in accordance with the schedule for rating disabilities utilized by the Secretary of Veterans Affairs based on all medical conditions (whether individually or collectively) that render the member unfit for duty; and ( B ) the Secretary of the military department concerned may make the determination of disability regarding the member utilizing the rating of disability assigned under subparagraph (A)(ii). (2) DISABILITY DETERMINATIONS UTILIZING J OINT DOD / VA ASSIGNED DISABILITY RATING.—Under one of the pilot programs authorized by subsection (a), in making a determination of disability of a member of the Armed Forces under section 1201(b) of title 10, United States Code, for the retirement, separation, or placement of the member on the temporary dis- ability retired list under chapter 61 of such title, the Secretary of the military department concerned may, upon determining that the member is unfit to perform the duties of the member’s office, grade, rank, or rating because of a physical disability as described in section 1201(a) of such title— (A) provide for the j oint evaluation of the member for disability by the Secretary of the military department concerned and the Secretary of Veterans Affairs, including the assignment of a rating of disability for the member

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