---
kind: "section"
citation: "38 U.S.C. § 1156"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1156"
heading: "Temporary disability ratings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1156"
units:
  - "Part II — General Benefits"
  - "Chapter 11 — Compensation for Service-Connected Disability or Death"
  - "Subchapter VI — General Compensation Provisions"
---

# §1156. Temporary disability ratings

- (a) **Assignment of Temporary Ratings.—**
  - (1) For the purpose of providing [disability](/usc/38/1701.md?p=1) [compensation](/usc/38/101.md?p=13) under this chapter to [veterans](/usc/38/1101.md?p=1), the [Secretary](/usc/38/101.md?p=1) shall assign a temporary [disability](/usc/38/1701.md?p=1) rating to a [veteran](/usc/38/1101.md?p=1) as follows:
    - (A) To a [veteran](/usc/38/1101.md?p=1) who—
      - (i) was discharged or released from [active duty](/usc/38/101.md?p=21) not more than 365 days before the date such [veteran](/usc/38/1101.md?p=1) submits a claim for [disability](/usc/38/1701.md?p=1) [compensation](/usc/38/101.md?p=13) under this chapter;
      - (ii) has one or more [disabilities](/usc/38/1701.md?p=1) for which a rating of total is not immediately assignable—
        - (I) under the regular provisions of the schedule of ratings; or
        - (II) on the basis of individual unemployability; and
      - (iii) has one or more—
        - (I) severe [disabilities](/usc/38/1701.md?p=1) that result in substantially gainful employment not being feasible or advisable; or
        - (II) healed, unhealed, or incompletely healed wounds or injuries that make material impairment of employability likely.
    - (B) To a [veteran](/usc/38/1101.md?p=1) who, as a result of a highly stressful in-service event, has a mental disorder that is severe enough to bring about the [veteran](/usc/38/1101.md?p=1)’s [discharge or release](/usc/38/101.md?p=18) from [active duty](/usc/38/101.md?p=21).
    - (C) To a [veteran](/usc/38/1101.md?p=1) who has a [service-connected](/usc/38/101.md?p=16) [disability](/usc/38/1701.md?p=1) that requires hospital treatment or observation in a Department of Veterans Affairs or approved hospital for a period in excess of 21 days.
    - (D) To a [veteran](/usc/38/1101.md?p=1) who has a [service-connected](/usc/38/101.md?p=16) [disability](/usc/38/1701.md?p=1) that has required convalescent care or treatment at hospital discharge (regular [discharge or release](/usc/38/101.md?p=18) to non-bed care) or outpatient release that meets the requirements of regulations prescribed by the [Secretary](/usc/38/101.md?p=1).
  - (2) With respect to a [veteran](/usc/38/1101.md?p=1) described in [paragraph (1)(A)](#a-1-A), the [Secretary](/usc/38/101.md?p=1) may assign a temporary [disability](/usc/38/1701.md?p=1) rating to such [veteran](/usc/38/1101.md?p=1) regardless of whether such [veteran](/usc/38/1101.md?p=1) has obtained a medical examination or a medical opinion concerning such [veteran](/usc/38/1101.md?p=1)’s [disability](/usc/38/1701.md?p=1).
  - (3) With respect to a [veteran](/usc/38/1101.md?p=1) described in [paragraph (1)(B)](#a-1-B), the [Secretary](/usc/38/101.md?p=1) shall schedule a medical examination for such [veteran](/usc/38/1101.md?p=1) not later than six months after the separation or discharge of such [veteran](/usc/38/1101.md?p=1) from [active duty](/usc/38/101.md?p=21).
- (b) **Termination of Temporary Disability Ratings.—**
  - (1) Except as provided in [paragraph (2)](#b-2), a temporary [disability](/usc/38/1701.md?p=1) rating assigned to a [veteran](/usc/38/1101.md?p=1) under this section shall remain in effect as follows:
    - (A) For a [veteran](/usc/38/1101.md?p=1) who is assigned a temporary [disability](/usc/38/1701.md?p=1) rating under [subsection (a)(1)(A)](#a-1-A), until the later of the date that is—
      - (i) 12 months after the date of [discharge or release](/usc/38/101.md?p=18) from [active duty](/usc/38/101.md?p=21); or
      - (ii) provided in regulations prescribed by the [Secretary](/usc/38/101.md?p=1).
    - (B) For a [veteran](/usc/38/1101.md?p=1) who is assigned a temporary [disability](/usc/38/1701.md?p=1) rating under [subsection (a)(1)(B)](#a-1-B), until the date on which a rating decision is issued to such [veteran](/usc/38/1101.md?p=1) following the medical examination scheduled under [subsection (a)(3)](#a-3).
    - (C) For a [veteran](/usc/38/1101.md?p=1) who is assigned a temporary [disability](/usc/38/1701.md?p=1) rating under [subsection (a)(1)(C)](#a-1-C), until the later of the date that is—
      - (i) the last day of the month in which the [veteran](/usc/38/1101.md?p=1) is discharged from the hospital as described in such [subsection (a)(1)(C)](#a-1-C); or
      - (ii) provided in regulations prescribed by the [Secretary](/usc/38/101.md?p=1).
    - (D) For a [veteran](/usc/38/1101.md?p=1) who is assigned a temporary [disability](/usc/38/1701.md?p=1) rating under [subsection (a)(1)(D)](#a-1-D), until the date that is provided in regulations prescribed by the [Secretary](/usc/38/101.md?p=1).
  - (2) The [Secretary](/usc/38/101.md?p=1) may extend a temporary [disability](/usc/38/1701.md?p=1) rating assigned to a [veteran](/usc/38/1101.md?p=1) under [subsection (a)](#a) beyond the applicable termination date under [paragraph (1)](#b-1) if the [Secretary](/usc/38/101.md?p=1) determines that such an extension is appropriate.
- (c) **Regulations.—** The [Secretary](/usc/38/101.md?p=1) shall prescribe regulations to carry out the provisions of this section.
- (d) **Construction.—** Nothing in this section shall be construed to preclude the [Secretary](/usc/38/101.md?p=1) from providing a temporary [disability](/usc/38/1701.md?p=1) rating under an authority other than this section.

## Source credit

(Added Pub. L. 110–389, title II, § 211(a), Oct. 10, 2008, 122 Stat. 4149.)

## Notes

### Editorial Notes

### Codification

Prior to renumbering of sections 301 to 363 of this chapter as sections 1101 to 1163 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 356 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1125, which provided for a minimum rating for veterans with arrested tuberculosis, was repealed by Pub. L. 90–493, § 4, Aug. 19, 1968, 82 Stat. 809, but repeal not applicable in case of veteran who on Aug. 19, 1968, was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 110–389, title II, § 211(b), Oct. 10, 2008, 122 Stat. 4151, provided that: “Section 1156(a)(1) of title 38, United 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 101 of title 38, United States Code) on or after the date of the enactment of this Act [Oct. 10, 2008].”

### Department of Veterans Affairs Automatic Processing of Certain Claims for Temporary Disability Ratings

Pub. L. 118–210, title III, § 307, Jan. 2, 2025, 138 Stat. 2794, provided that: In General.—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. Additional Requirements.—In carrying out subsection (a), the Secretary shall ensure that— 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).”