§439 Special compensation: members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living

Summary

The Secretary of Defense (or the Secretary of Homeland Security for the Coast Guard) can pay a monthly special benefit to uniformed service members who have a catastrophic injury or illness from their service and need help with everyday personal tasks. To get the money, a member must have the injury or illness tied to duty, be certified by a doctor as needing another person’s help for daily personal care, be at risk of needing hospitalization or nursing home care without that help, and meet any extra rules the Secretary sets. The monthly amount equals the VA’s aid-and-attendance rate under 38 U.S.C. 1114(r)(2). If the VA later sets a caregiver stipend schedule under 38 U.S.C. 1720G(a)(3)(C), the payment will match the comparable VA caregiver stipend. The benefit ends on the earliest of these: 90 days after the member’s separation or retirement (counting from that date), the month the member dies, the month the member is found no longer to have the catastrophic condition, or the month before the member starts receiving payments under 38 U.S.C. 1114(r)(2). This special compensation is extra pay on top of any other pay and allowances. The Secretary of Defense must work with the VA to tell members and families about the benefit, must warn members about the 90-day post-separation time limit, and will write rules to run the program. Definition: “Catastrophic injury or illness” means a permanent, severe condition that makes a person need help leaving home or bed or need constant supervision to avoid harm.