§439 Special Compensation: Members of the Uniformed Services with Catastrophic Injuries or Illnesses Requiring Assistance in Everyday Living

Summary

The Secretary can pay a monthly special payment to a service member who got a catastrophic injury or illness while on duty and who a licensed doctor says needs help with everyday personal tasks. Without that help the person would need hospitalization, a nursing home, or similar care. The Secretary of Defense (or the Secretary of Homeland Security for the Coast Guard) may set any additional rules. “Catastrophic injury or illness” means a permanent, severe condition that makes the person need help to get out of bed or leave home, or need constant supervision to avoid harm. The payment equals the VA’s monthly aid-and-attendance amount 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 member gets the matching stipend instead. Payments stop on the earliest of these: the last day of the month after a 90-day period that starts on the date the member separates or retires; the last day of the month the member dies; the last day of the month the member no longer has the catastrophic condition; or the last day of the month before the member begins getting payments under 38 U.S.C. 1114(r)(2). This pay is in addition to any other pay and allowances. The DoD, working with the VA, must tell members and families about the benefit in written and online materials and must warn members that eligibility ends after the 90-day post-separation period. The responsible Secretary must issue rules to run the program.