§ 1156. Temporary disability ratings

• (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.