,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #ejbh  ,,in ,,the ,,house ,,of  
,,representatives  ,november #h1        
#bjai,ms4 ,waters 7for herself1 ,ms4    
,norton1 ,mr4 ,kilmer1 ,mrs4 ,beatty1   
,ms4 ,tlaib1 and ,mr4 ,thompson of      
,mississippi7 introduced the following  
bill2 which was referred to the         
,committee on ,veterans' ,affairs  ,a   
,,bill  ,to amend title #ch1 ,united    
,states ,code1 to codify the authority  
of the ,secretary of ,veterans ,affairs 
to assign a disability rating of total  
to a veteran by reason of               
unemployability1 and for other purposes4
  #a4 ,short title ,this ,act may be    
cited as the ,protecting ,benefits for  
,disabled ,veterans ,act of #bjai4  #b4 
,codification of individual             
unemployability  7a7 ,in general        
,chapter #aa of title #ch1 ,united      
,states ,code1 is amended by inserting  
after section #aafc the following3      
#aafd4 ,determination of total          
disability by reason of unemployability 

7a7 ,authority ,subject to subsections  
7b7 and 7c71 for the purposes of this   
chapter1 in the case of a veteran who   
has a service-connected disability1 or  
service-connected disabilities1 not     
rated as total1 the ,secretary may      
assign a disability rating of total to  
the veteran if the ,secretary determines
 the veteran--  7#a7 is unable to secure
 or maintain substantially gainful      
employment as a result of1 in part or in
 whole1 a service-connected disability2 
and  7#b7 has-- 7,a7 a service-connected
 disability rated at least #fj percent2 
or  7,b7 two or more service-connected  
disabilities-- 7i7 at least one of which
 is rated at least #dj percent2 and     
7ii7 that1 combined1 are rated at least 
#gj percent4  7b7 ,determination of     
certain disabilities ,for the above     
purpose of service-connected            
disabilities described in subsection    
7a77#b71 the ,secretary shall consider  
as one disability the following3  7#a7  
,disabilities of one or both upper      

extremities1 or of one or both lower    
extremities1 including the bilateral    
factor1 if applicable4  7#b7            
,disabilities resulting from common     
etiology or a single accident4  7#c7    
,disabilities affecting a single body   
system 7including orthopedic1 digestive1
 respiratory1 cardiovascular-renal1 and 
neuropsychiatric74  7#d7 ,disabilities  
incurred or aggravated as a prisoner of 
war4  7c7 ,additional authority of the  
,secretary ,to assign a disability      
rating of total ,the ,secretary may     
assign a disability rating of total to a
 veteran who has a service-connected    
disability or disabilities described in 
subsection 7a77#b7--  7#a7 if the       
veteran maintains marginal employment2  
or  7#b7 if--  7,a7 the veteran         
maintains substantially gainful         
employment2 and  7,b7 the ,secretary1   
considering the totality of             
circumstances 7including total household
 medical expenses and the cost of living
 in the area in which the veteran       

resides71 determines that such          
assignation is appropriate4  7d7        
,prohibition on the consideration of    
certain factors ,in making any          
determination under subsection 7a7 or   
7c71 the ,secretary may not consider the
 following3  7#a7 ,the age of a veteran4
  7#b7 ,the eligibility of a veteran for
 any retirement benefit1 including any  
benefit under title ,,ii of the ,social 
,security ,act 7#db ,u4,s4,c4 #dja et   
seq474  7e7 ,definitions ,in this       
section3 7#a7 ,the term marginal        
employment means employment for which   
the earned annual income is less than   
#ajj percent of the official poverty    
threshold for an individual established 
by the ,united ,states ,census ,bureau4 
7#b7 ,the term substantially gainful    
employment means employment for which   
the earned annual income equals or      
exceeds #ajj percent of the official    
poverty threshold for an individual     
established by the ,united ,states      
,census ,bureau4  4  7b7 ,clerical      

amendment ,the table of sections at the 
beginning of chapter #aa of title #ch1  
,united ,states ,code1 is amended by    
adding after the item relating to       
section #aafc the following3  #aafd4    
,determination of total disability by   
reason of unemployability4  4  7c7      
,regulations ,not later than #ahj days  
after the effective date of this ,act1  
the ,secretary of ,veterans ,affairs    
shall prescribe such regulations as may 
be necessary to carry out this section4