37 U.S.C. § 439 — Special compensation: members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living

(a) Monthly Compensation Authorized. The Secretary concerned may pay monthly special compensation to a member of the uniformed services who qualifies under subsection (b), in an amount set under subsection (c). (b) Covered Members. A member qualifies if all four of these are true: (1) the member has a catastrophic injury or illness that happened, or got worse, while on duty; (2) a licensed physician has certified that the member needs another person's help to do everyday personal tasks; (3) without that help, the member would need to be in a hospital, nursing home, or other residential institutional care; and (4) the member meets any other rules the Secretary of Defense (or, for the Coast Guard, the Secretary of Homeland Security) sets for this program. (c) Amount. The monthly payment equals: (1) the monthly "aid and attendance" amount paid under 38 U.S.C. § 1114(r)(2); or (2) once the Secretary of Veterans Affairs sets up a schedule of monthly caregiver stipends for VA's family-caregiver program (under 38 U.S.C. § 1720G(a)(3)(C)), the stipend amount from that schedule for similarly situated veterans, instead of the amount in (1). (d) Duration. A member's eligibility for this compensation ends on the earliest of: (1) the last day of the month when a 90-day period ends, counting from the member's separation or retirement date; (2) the last day of the month the member dies; (3) the last day of the month it's determined the member no longer has the catastrophic injury or illness; or (4) the last day of the month before the member starts getting compensation under 38 U.S.C. § 1114(r)(2). (e) Construction With Other Pay and Allowances. This compensation is paid on top of any other pay or allowance the member is legally owed — it doesn't replace anything. (f) Benefit Information. The Secretary of Defense, working with the Secretary of Veterans Affairs, must make sure potentially eligible members learn about this benefit through written and online materials for members and their families. The Secretary of Defense must also make sure a member receiving this compensation understands that it will expire 90 days after separation or retirement under subsection (d)(1), even if the member hasn't yet started receiving the VA compensation under 38 U.S.C. § 1114(r)(2). (g) Catastrophic Injury or Illness Defined. This means a permanent, severely disabling injury, disorder, or illness that, in the judgment of the Secretary concerned, leaves the person needing either (1) personal or mechanical help to leave home or bed, or (2) constant supervision to avoid physically harming themselves or others. (h) Regulations. The Secretary of Defense (or, for the Coast Guard, the Secretary of Homeland Security) must write regulations to carry out this section.