§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 payment to a service member with a catastrophic injury or illness who got that injury or illness on duty, has a doctor’s certification that they need another person’s help with daily living, would otherwise need hospitalization or long-term care, and meets any other rules the Secretary sets. The amount paid will match the monthly aid and attendance rate in section 1114(r)(2) of title 38 unless the Department of Veterans Affairs establishes a schedule of personal caregiver stipends under section 1720G(a)(3) of title 38, in which case the VA stipend amount applies. Payments stop on the earliest of: the last day of the month when a 90-day period after separation or retirement ends, the last day of the month the member dies, the last day of the month the member is found no longer to have the catastrophic condition, or the last day of the month before the member starts receiving payments under section 1114(r)(2) of title 38. This payment is in addition to other pay and allowances. The Defense Department must tell eligible members and their families about the benefit and the 90-day rule in written and online materials, and must make rules to run the program. Catastrophic injury or illness — a permanent, severe condition that makes a person need help leaving home or bed or need constant supervision to avoid harm.