# Plain Language Summary: Protecting Benefits for Disabled Veterans Act of 2021

This bill makes it official in law that the Veterans Affairs (VA) can give disabled veterans a "total disability" rating based on their inability to work, even if their individual service-connected disabilities don't add up to a total rating on their own. Right now, the VA has been doing this in practice, but this bill puts it into the actual legal code to make sure it stays protected and can't be easily changed or challenged.

Here's what matters in real terms: A veteran can get a total disability rating if they can't hold down a job because of their service-connected injuries or illnesses. To qualify, they need either one disability rated at least 60 percent, or two or more disabilities where one is at least 40 percent and they combine to at least 70 percent. The bill also lets the VA consider giving a total rating to veterans who are working but barely getting by (earning less than the poverty line) or even those with decent jobs if their medical expenses and living costs are eating up their income. The VA can't use a veteran's age or Social Security eligibility against them when making these decisions.

Why this matters: A total disability rating means veterans get the maximum VA benefits, which is crucial for those whose injuries prevent them from earning a living. By writing this into law, the bill protects this benefit from being stripped away by future policy changes or court challenges. It also gives the VA clearer guidance on when to approve these ratings, which should help more veterans who are struggling to work get the full benefits they've earned through their service.

Protecting Benefits for Disabled Veterans Act of 2021

Waters, Maxine

Protecting Benefits for Disabled Veterans Act of 2021 This bill provides statutory authority for the Department of Veterans Affairs (VA) to assign, for purposes of the disability compensation program, a disability rating of total to a veteran who meets certain parameters and is unable to secure or maintain substantially gainful employment due to a service-connected disability. Specifically, the VA may make such a disability determination if a veteran has a service-connected disability rated at least 60%, or has two or more service-connected disabilities with one being at least 40% and a combined total of at least 70%. The VA may also make a determination on the disability rating in circumstances where a veteran meeting the specified parameters maintains marginal employment (income is less than the poverty threshold), or if the veteran maintains substantially gainful employment (exceeds the poverty threshold) and the VA determines that the rating is appropriate. The bill prescribes what disabilities may be considered as one disability (e.g., disabilities incurred or aggravated as a prisoner of war). The VA may not consider the age of a veteran or eligibility for retirement benefits when making any determination related to disability rating.