On the recordMarch 10, 2008
today I introduce the proposed Veterans' Rating Schedule Review Act. This legislation would remove a barrier to legal redress faced by veterans who believe that a provision of the VA Schedule for Rating Disabilities--the Rating Schedule--does not comply with a law passed by Congress. The amount of compensation veterans with service-connected conditions receive is based on a disability rating, which VA assigns to these conditions. VA uses its rating schedule to determine which rating to assign to a veteran's particular condition. Under current law, the Court of Appeals for Veterans Claims has jurisdiction to consider only Constitutional challenges to the rating schedule. When legislation was passed providing for judicial review, review of the rating schedule was specifically prohibited as part of a final compromise. This legislation would expand the jurisdiction of the court to include cases where a provision of the rating schedule or the absence of a rating for a condition mandated by statute is challenged. Under the proposed change, aspects of the VA rating schedule that appear to violate requirements of law set forth in chapter 11 of title 38, United States Code, would be subject to the court's jurisdiction. I expect VA to comply with all laws passed by Congress in developing and revising the rating schedule.
Source
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