38 U.S.C. § 1156: Temporary disability ratings

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; under the regular provisions of the schedule of ratings; or on the basis of individual unemployability; and severe disabilities that result in substantially gainful employment not being feasible or advisable; or healed, unhealed, or incompletely healed wounds or injuries that make material impairment of employability likely. 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. 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. 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. 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. 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. 12 months after the date of discharge or release from active duty; or provided in regulations prescribed by the Secretary. 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). the last day of the month in which the veteran is discharged from the hospital as described in such subsection (a)(1)(C); or provided in regulations prescribed by the Secretary. 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. 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. The Secretary shall prescribe regulations to carry out the provisions of this section. Nothing in this section shall be construed to preclude the Secretary from providing a temporary disability rating under an authority other than this section. 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. medical evidence is obtained from the corporate data warehouse of the Department or other sources of data, the Secretary determines appropriate; 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 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).”