12 2 STA T .4 1 5 1 PUBLIC LA W 11 0–389—O CT. 10 , 2008 ‘ ‘ (D)Foravet era nwh o is assi g ne d ate mp orar y disa b i l ity rating u nder subse c tion (a)( 1 )(D) , until the date that is provided in regulations prescribed by the S ecretary . ‘‘( 2 ) T he Secretary may e x tend a temporary disability rating assigned to a veteran under subsection (a) beyond the applicable termination date under paragraph (1) i f the Secretary determines that such an extension is appropriate. ‘‘(c) REGULATIONS . — The Secretary shall prescribe regulations to carry out the provisions of this section. ‘‘(d) C ONST R U C TION.— N othing in this section shall be construed to preclude the Secretary from providing a temporary disability rating under an authority other than this section. ’ ’. (b) AP PLICATION.—Section 11 56 (a)(1) of title 38 , U nited States Code, as added by subsection (a), shall apply with respect to a veteran who is discharged or released from active duty (as defined in section 1 0 1 of title 38, United States Code) on or after the date of the enactment of this Act. (c) CLERICAL A M EN D MENT.—The table of sections at the begin - ning of chapter 11 is amended by inserting after the item relating to section 1155 the following new item
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‘ 1 1 56.Tempora r ydis a b i l i t y rati ng s. ’ ’. SEC.21 2.S UB S TI TUTI ON U P ON D E A T H O F C L AI M ANT. (a) I N G ENERAL.—Chapter 51 is amended by inserting after section 5121 the following new section: ‘ ‘ §512 1 A.Substi tuti on in ca s e o fd eat h ofc l ai m ant ‘‘(a) SU B STITUTION.—(1) If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title may, not later than one year after the date of the death of such claimant, file a re q uest to be substituted as the claimant for the purposes of processing the claim to completion. ‘‘(2) Any person see k ing to be substituted for the claimant shall present evidence of the right to claim such status within such time as prescribed by the Secretary in regulations. ‘‘(3) Substitution under this subsection shall be in accordance with such regulations as the Secretary may prescribe. ‘‘(b) L IMITATION.—Those who are eligible to make a claim under this section shall be determined in accordance with section 5121 of this title.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of chapter 51 is amended by inserting after the item relating to section 5121 the following new item: ‘‘51 2 1 A . Su bstitution in c ase o f deat h of claimant.’’. (c) EF FECTI V E DATE.—Section 5121A of title 38, United States Code, as added by subsection (a), shall apply with respect to the claim of any claimant who dies on or after the date of the enactment of this Act. 38USC512 1 Anote.R e gula t i on s . 38 USC 115 6 note. Regulations.
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