Page:United States Statutes at Large Volume 92 Part 2.djvu/281

 PUBLIC LAW 95-479—OCT. 18, 1978

92 STAT. 1561

(15) by striking out "$1,312" each place it appears in subsections (o) and (p) and inserting in lieu thereof "$1,408"; and (16) by striking out "$843" in subsection (s) and inserting in lieu thereof "$905". (b) Subsection (p) of section 314 (as amended by clause (15) of sub- 38 USC 314. section (a) of this section) is further amended by inserting before the semicolon a period and the following new sentence: "In the event the veteran has suffered the anatomical loss oi- loss of use, or a combination of anatomical loss and loss of use, of three extremities, the Administrator shall allow the next higher rate or intermediate rate, but in no event in excess of $1,408". (c) Section 314(r) is amended by striking out the first sentence and inserting in lieu thereof the following new sentences: "Subject to section 3203(e) of this title, if any veter-an, otherwise entitled to the com- 38 USC 3203. pensatioji authorized under subsection (o) of this section or at the maximum rate authorized under subsection (p) of this section, is in need of regular aid and attendance, then, in addition to such compensation under subsection (o) or (p) of this section— "(1) the veteran shall be paid a monthly aid and attendance allowance at the rate of $604; or " (2) if the veteran, in addition to such need for regular aid and attendance, is in need of a higher level of care, such veteran shall be paid a monthly aid and attendance allowance at the rate of $900, in lieu of the allowance authorized in clause (1) of this subsection, if the Administi-ator finds that the veteran, in the absence of the provision of such care, would require hospitalization, nursing home care, or other residential institutional care. For the purposes of clause (2) of this subsection, need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. The existence of the need for such care shall be determined by a physician employed by the Veterans' Administration or, in areas where no such physician is available, by a physican carrying out such function under contract or fee arr'angement based on an examination by such physician.". (d) Section 314 is amended by adding at the end thereof the 38 USC 314. following new subsection: "(t)(1) If the veteran (A) is entitled to receive compensation at any rate provided for under subsections (a) through (i) of this ti section and compensation under subsection (k) of this section, • (B) has suffered the loss or loss of use of an extremity as a result of a service-connected disability ratable at 40 per centum or more, f and (C) has suffered the loss or loss of use of the paired extremity as a result of a non-service-connected disability, not the result of the veteran's own willful misconduct, that would be rated, if service-connected, at 40 per centum or more, the monthly rate of compensation payable to such veteran shall be increased by $175. "(^2) If a veteran described in paragraph (1) of this subsection • receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the non-service-connected
 * , disability described in such paragraph, the increase in the rate

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