1. Short title This Act may be cited as the Protecting Benefits for Disabled Veterans Act of 2023 . 2. Codification of individual unemployability (a) In general Chapter 11 of title 38, United States Code, as amended by the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ), is amended by inserting after section 1165 the following: 1166. Determination of total disability by reason of unemployability (a) Authority Subject to subsections (b) and (c), for the purposes of this chapter, in the case of a veteran who has a service-connected disability, or service-connected disabilities, not rated as total, the Secretary may assign a disability rating of total to the veteran if the Secretary determines the veteran— (1) is unable to secure or maintain substantially gainful employment as a result of, in part or in whole, a service-connected disability; and (2) has— (A) a service-connected disability rated at least 60 percent; or (B) two or more service-connected disabilities— (i) at least one of which is rated at least 40 percent; and (ii) that, combined, are rated at least 70 percent. (b) Determination of certain disabilities For the above purpose of service-connected disabilities described in subsection (a)(2), the Secretary shall consider as one disability the following: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable. (2) Disabilities resulting from common etiology or a single accident. (3) Disabilities affecting a single body system (including orthopedic, digestive, respiratory, cardiovascular-renal, and neuropsychiatric). (4) Disabilities incurred or aggravated as a prisoner of war. (c) Additional authority of the Secretary To assign a disability rating of total The Secretary may assign a disability rating of total to a veteran who has a service-connected disability or disabilities described in subsection (a)(2)— (1) if the veteran maintains marginal employment