§1156 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must give a veteran a temporary disability rating for VA compensation when the veteran fits certain situations. One is for veterans who file a claim within 365 days after leaving active duty, have one or more disabilities that cannot be rated as total right away under the normal rules or by claiming they cannot work, and have severe conditions or wounds that make working unlikely or hurt their ability to work. Other situations are when a highly stressful event in service caused a mental disorder that led to discharge, when a service-connected condition required hospital care for more than 21 days, or when a condition required convalescent care or special hospital discharge or outpatient release under VA rules. For the first group, the VA can give the temporary rating even if the veteran has not yet had a medical exam or opinion. For the mental-health group, the VA must schedule a medical exam within 6 months after separation. Temporary ratings stay in effect for specified times: for the first group until at least 12 months after discharge (or a later date set by VA rules); for the mental-health group until a rating decision after the exam; for the hospital group until at least the last day of the month the veteran leaves the hospital (or a later date in VA rules); and for the convalescent group as set by VA rules. The Secretary can extend the temporary rating if needed and must make rules to run this process. The Secretary may also use other legal authority to give temporary ratings.

Title 38, §1156

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)For the purpose of providing disability compensation under this chapter to veterans, the Secretary shall assign a temporary disability rating to a veteran as follows:

(A)To a veteran who—

(i)was discharged or released from active duty not more than 365 days before the date such veteran submits a claim for disability compensation under this chapter;

(ii)has one or more disabilities for which a rating of total is not immediately assignable—

(I)under the regular provisions of the schedule of ratings; or

(II)on the basis of individual unemployability; and

(iii)has one or more—

(I)severe disabilities that result in substantially gainful employment not being feasible or advisable; or

(II)healed, unhealed, or incompletely healed wounds or injuries that make material impairment of employability likely.

(B)To a veteran who, as a result of a highly stressful in-service event, has a mental disorder that is severe enough to bring about the veteran’s discharge or release from active duty.

(C)To a veteran who has a service-connected disability that requires hospital treatment or observation in a Department of Veterans Affairs or approved hospital for a period in excess of 21 days.

(D)To a veteran who has a service-connected disability that has required convalescent care or treatment at hospital discharge (regular discharge or release to non-bed care) or outpatient release that meets the requirements of regulations prescribed by the Secretary.

(2)With respect to a veteran described in paragraph (1)(A), the Secretary may assign a temporary disability rating to such veteran regardless of whether such veteran has obtained a medical examination or a medical opinion concerning such veteran’s disability.

(3)With respect to a veteran described in paragraph (1)(B), the Secretary shall schedule a medical examination for such veteran not later than six months after the separation or discharge of such veteran from active duty.

(b)(1)Except as provided in paragraph (2), a temporary disability rating assigned to a veteran under this section shall remain in effect as follows:

(A)For a veteran who is assigned a temporary disability rating under subsection (a)(1)(A), until the later of the date that is—

(i)12 months after the date of discharge or release from active duty; or

(ii)provided in regulations prescribed by the Secretary.

(B)For a veteran who is assigned a temporary disability rating under subsection (a)(1)(B), until the date on which a rating decision is issued to such veteran following the medical examination scheduled under subsection (a)(3).

(C)For a veteran who is assigned a temporary disability rating under subsection (a)(1)(C), until the later of the date that is—

(i)the last day of the month in which the veteran is discharged from the hospital as described in such subsection (a)(1)(C); or

(ii)provided in regulations prescribed by the Secretary.

(D)For a veteran who is assigned a temporary disability rating under subsection (a)(1)(D), until the date that is provided in regulations prescribed by the Secretary.

(2)The Secretary may extend a temporary disability rating assigned to a veteran under subsection (a) beyond the applicable termination date under paragraph (1) if the Secretary determines that such an extension is appropriate.

(c)The Secretary shall prescribe regulations to carry out the provisions of this section.

(d)Nothing in this section shall be construed to preclude the Secretary from providing a temporary disability rating under an authority other than this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Prior to renumbering of sections 301 to 363 of this chapter as sections 1101 to 1163 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 356 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1125, which provided for a minimum rating for veterans with arrested tuberculosis, was repealed by Pub. L. 90–493, § 4, Aug. 19, 1968, 82 Stat. 809, but repeal not applicable in case of veteran who on Aug. 19, 1968, was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–389, title II, § 211(b), Oct. 10, 2008, 122 Stat. 4151, provided that: “section 1156(a)(1) of title 38, United States Code, as added by subsection (a), shall apply with respect to a veteran who is discharged or released from active duty (as defined in section 101 of title 38, United States Code) on or after the date of the enactment of this Act [Oct. 10, 2008].” Department of Veterans Affairs Automatic Processing of Certain Claims for Temporary Disability Ratings Pub. L. 118–210, title III, § 307, Jan. 2, 2025, 138 Stat. 2794, provided that: “(a) In General.—Not later than one year after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall modify the information technology systems of the Department of Veterans Affairs to use automation technology for claims for temporary disability ratings for veterans described in section 1156(a)(1)(C) of title 38, United States Code. “(b) Additional Requirements.—In carrying out subsection (a), the Secretary shall ensure that—“(1) medical evidence is obtained from the corporate data warehouse of the Department or other sources of data, the Secretary determines appropriate; “(2) employees of the Department continue to determine whether a veteran is entitled to a temporary disability rating under section 1156(a)(1)(C) of title 38, United States Code; and “(3) claims may be processed manually if the evidence of record is not sufficient to decide the claim or if the medical evidence is provided in a format that is not compatible with the system developed under subsection (a).”

§1156 Temporary Disability Ratings