Sec. 4. Enhancement of special compensation for members of the uniformed services with injuries or illnesses requiring assistance in everyday living
472 words·~2 min read·
/bill/114/s/1085/is/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subsection
(b)of section 439 of title 37, United States Code, is amended— by striking paragraphs
(1)through
(3)and inserting the following new paragraphs: has a serious injury or illness that was incurred or aggravated in the line of duty; is in need of personal care services (including supervision or protection or regular instruction or supervision) as a result of such injury or illness; and ; and by redesignating paragraph
(4)as paragraph (3). Such section is further amended— by redesignating subsections (e), (f), (g), and
(h)as subsections (f), (g), (h), and (i), respectively; and by inserting after subsection
(d)the following new subsection (e): The Secretary of Veterans Affairs shall provide family caregivers of a member in receipt of monthly special compensation under subsection
(a)the assistance required to be provided to family caregivers of eligible veterans under section 1720G(a)(3)(A) of title 38 (other than the monthly personal caregiver stipend provided for in clause (ii)(V) of such section). For purposes of the provision of such assistance under this subsection, the definitions in section 1720G(d) of title 38 shall apply, except that any reference in such definitions to a veteran or eligible veteran shall be deemed to be a reference to the member concerned. The Secretary of Veterans Affairs shall provide assistance under this subsection— in accordance with a memorandum of understanding entered into by the Secretary of Veterans Affairs and the Secretary of Defense; and in accordance with a memorandum of understanding entered into by the Secretary of Veterans Affairs and the Secretary of Homeland Security (with respect to members of the Coast Guard). . Subsection
(h)of such section, as redesignated by subsection (b)(1) of this section, is amended to read as follows: In this section, the term serious injury or illness means an injury, disorder, or illness (including traumatic brain injury, psychological trauma, or other mental disorder) that— renders the afflicted person unable to carry out one or more activities of daily living; renders the afflicted person in need of supervision or protection due to the manifestation by such person of symptoms or residuals of neurological or other impairment or injury; renders the afflicted person in need of regular or extensive instruction or supervision in completing two or more instrumental activities of daily living; or otherwise impairs the afflicted person in such manner as the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) prescribes for purposes of this section. . The heading for such section is amended to read as follows: . The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 439 and inserting the following new item: 439. Special compensation: members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living. .