US (United States) Code. Title 38. Chapter 18: Benefits for children of Vietnam Veterans

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits

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-CITE-

38 USC CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM

VETERANS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

-HEAD-

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

-MISC1-

SUBCHAPTER I - CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA

Sec.

[1801. Repealed.]

1802. Spina bifida conditions covered.

1803. Health care.

1804. Vocational training and rehabilitation.

1805. Monetary allowance.

[1806. Repealed.]

SUBCHAPTER II - CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH

CERTAIN BIRTH DEFECTS

1811. Definitions.

1812. Covered birth defects.

1813. Health care.

1814. Vocational training.

1815. Monetary allowance.

1816. Regulations.

SUBCHAPTER III - GENERAL PROVISIONS

1821. Definitions.

1822. Applicability of certain administrative provisions.

1823. Treatment of receipt of monetary allowance and other

benefits.

1824. Nonduplication of benefits.

AMENDMENTS

2000 - Pub. L. 106-419, title IV, Sec. 401(f)(1), (3), Nov. 1,

2000, 114 Stat. 1860, 1861, substituted "BENEFITS FOR CHILDREN OF

VIETNAM VETERANS" for "BENEFITS FOR CHILDREN OF VIETNAM VETERANS

WHO ARE BORN WITH SPINA BIFIDA" in chapter heading, added item for

subchapter I, struck out items 1801 "Definitions" and 1806

"Applicability of certain administrative provisions", added item

for subchapter II and items 1811 to 1816, and added item for

subchapter III and items 1821 to 1824.

1997 - Pub. L. 105-114, title IV, Sec. 404(b)(2), Nov. 21, 1997,

111 Stat. 2295, substituted "Applicability of certain

administrative provisions" for "Effective date of awards" in item

1806.

-End-

-CITE-

38 USC Sec. 1801 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

-HEAD-

[Sec. 1801. Repealed. Pub. L. 106-419, title IV, Sec. 401(c)(1),

Nov. 1, 2000, 114 Stat. 1860]

-MISC1-

Section, added Pub. L. 104-204, title IV, Sec. 421(b)(1), Sept.

26, 1996, 110 Stat. 2923; amended Pub. L. 105-114, title IV, Sec.

404(a), Nov. 21, 1997, 111 Stat. 2294, defined "child" and "Vietnam

veteran".

A prior section 1801 was renumbered section 3701 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective on the first day of the first month beginning

more than one year after Nov. 1, 2000, see section 401(g) of Pub.

L. 106-419, set out as an Effective Date note under section 1811 of

this title.

EFFECTIVE DATE

Chapter effective Oct. 1, 1997, notwithstanding section 421(d) of

Pub. L. 104-204, set out below, unless legislation other than Pub.

L. 104-204 is enacted providing for an earlier effective date, see

section 422(c) of Pub. L. 104-204, set out as an Effective Date of

1996 Amendment note under section 1151 of this title.

Section 421(d) of Pub. L. 104-204 provided that: "This section

[enacting this chapter and amending section 5312 of this title] and

the amendments made by this section shall take effect on January 1,

1997."

CONGRESSIONAL PURPOSE

Section 421(a) of Pub. L. 104-204 provided that: "The purpose of

this section [enacting this chapter and amending section 5312 of

this title] is to provide for the special needs of certain children

of Vietnam veterans who were born with the birth defect spina

bifida, possibly as the result of the exposure of one or both

parents to herbicides during active service in the Republic of

Vietnam during the Vietnam era, through the provision of health

care and monetary benefits."

-End-

-CITE-

38 USC SUBCHAPTER I - CHILDREN OF VIETNAM VETERANS BORN

WITH SPINA BIFIDA 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER I - CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA

-HEAD-

SUBCHAPTER I - CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1821, 1824 of this

title.

-End-

-CITE-

38 USC Sec. 1802 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER I - CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA

-HEAD-

Sec. 1802. Spina bifida conditions covered

-STATUTE-

This subchapter applies with respect to all forms and

manifestations of spina bifida except spina bifida occulta.

-SOURCE-

(Added Pub. L. 104-204, title IV, Sec. 421(b)(1), Sept. 26, 1996,

110 Stat. 2923; amended Pub. L. 106-419, title IV, Sec. 401(e)(1),

Nov. 1, 2000, 114 Stat. 1860; Pub. L. 107-14, Sec. 8(b)(3), June 5,

2001, 115 Stat. 36.)

-MISC1-

PRIOR PROVISIONS

A prior section 1802 was renumbered section 3702 of this title.

AMENDMENTS

2001 - Pub. L. 107-14 made technical amendment to directory

language of Pub. L. 106-419. See 2000 Amendment note below.

2000 - Pub. L. 106-419, as amended by Pub. L. 107-14, substituted

"This subchapter" for "This chapter".

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-14, Sec. 8(b), June 5, 2001, 115 Stat. 36, provided

that the amendment made by section 8(b) is effective Nov. 1, 2000,

and as if included in the Veterans Benefits and Health Care

Improvement Act of 2000, Pub. L. 106-419, as enacted.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-419 effective on the first day of the

first month beginning more than one year after Nov. 1, 2000, see

section 401(g) of Pub. L. 106-419, set out as an Effective Date

note under section 1811 of this title.

-End-

-CITE-

38 USC Sec. 1803 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER I - CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA

-HEAD-

Sec. 1803. Health care

-STATUTE-

(a) In accordance with regulations which the Secretary shall

prescribe, the Secretary shall provide a child of a Vietnam veteran

who is suffering from spina bifida with such health care as the

Secretary determines is needed by the child for the spina bifida or

any disability that is associated with such condition.

(b) The Secretary may provide health care under this section

directly or by contract or other arrangement with any health care

provider.

(c) For the purposes of this section -

(1) The term "health care" -

(A) means home care, hospital care, nursing home care,

outpatient care, preventive care, habilitative and

rehabilitative care, case management, and respite care; and

(B) includes -

(i) the training of appropriate members of a child's family

or household in the care of the child; and

(ii) the provision of such pharmaceuticals, supplies,

equipment, devices, appliances, assistive technology, direct

transportation costs to and from approved sources of health

care, and other materials as the Secretary determines

necessary.

(2) The term "health care provider" includes specialized spina

bifida clinics, health care plans, insurers, organizations,

institutions, and any other entity or individual furnishing

health care services that the Secretary determines are authorized

under this section.

(3) The term "home care" means outpatient care, habilitative

and rehabilitative care, preventive health services, and

health-related services furnished to an individual in the

individual's home or other place of residence.

(4) The term "hospital care" means care and treatment for a

disability furnished to an individual who has been admitted to a

hospital as a patient.

(5) The term "nursing home care" means care and treatment for a

disability furnished to an individual who has been admitted to a

nursing home as a resident.

(6) The term "outpatient care" means care and treatment of a

disability, and preventive health services, furnished to an

individual other than hospital care or nursing home care.

(7) The term "preventive care" means care and treatment

furnished to prevent disability or illness, including periodic

examinations, immunizations, patient health education, and such

other services as the Secretary determines necessary to provide

effective and economical preventive health care.

(8) The term "habilitative and rehabilitative care" means such

professional, counseling, and guidance services and treatment

programs (other than vocational training under section 1804 of

this title) as are necessary to develop, maintain, or restore, to

the maximum extent practicable, the functioning of a disabled

person.

(9) The term "respite care" means care furnished on an

intermittent basis for a limited period to an individual who

resides primarily in a private residence when such care will help

the individual to continue residing in such private residence.

-SOURCE-

(Added Pub. L. 104-204, title IV, Sec. 421(b)(1), Sept. 26, 1996,

110 Stat. 2923; amended Pub. L. 105-368, title X, Sec. 1005(b)(4),

Nov. 11, 1998, 112 Stat. 3365.)

-MISC1-

PRIOR PROVISIONS

A prior section 1803 was renumbered section 3703 of this title.

AMENDMENTS

1998 - Subsec. (c)(2). Pub. L. 105-368 substituted "furnishing

health care services that the Secretary determines are authorized"

for "who furnishes health care that the Secretary determines

authorized".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1813 of this title.

-End-

-CITE-

38 USC Sec. 1804 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER I - CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA

-HEAD-

Sec. 1804. Vocational training and rehabilitation

-STATUTE-

(a) Pursuant to such regulations as the Secretary may prescribe,

the Secretary may provide vocational training under this section to

a child of a Vietnam veteran who is suffering from spina bifida if

the Secretary determines that the achievement of a vocational goal

by such child is reasonably feasible.

(b) Any program of vocational training for a child under this

section shall -

(1) be designed in consultation with the child in order to meet

the child's individual needs;

(2) be set forth in an individualized written plan of

vocational rehabilitation; and

(3) be designed and developed before the date specified in

subsection (d)(3) so as to permit the beginning of the program as

of the date specified in that subsection.

(c)(1) A vocational training program for a child under this

section -

(A) shall consist of such vocationally oriented services and

assistance, including such placement and post-placement services

and personal and work adjustment training, as the Secretary

determines are necessary to enable the child to prepare for and

participate in vocational training or employment; and

(B) may include a program of education at an institution of

higher learning if the Secretary determines that the program of

education is predominantly vocational in content.

(2) A vocational training program under this subsection may not

include the provision of any loan or subsistence allowance or any

automobile adaptive equipment.

(d)(1) Except as provided in paragraph (2) and subject to

subsection (e)(2), a vocational training program under this section

may not exceed 24 months.

(2) The Secretary may grant an extension of a vocational training

program for a child under this section for up to 24 additional

months if the Secretary determines that the extension is necessary

in order for the child to achieve a vocational goal identified

(before the end of the first 24 months of such program) in the

written plan of vocational rehabilitation formulated for the child

pursuant to subsection (b).

(3) A vocational training program under this section may begin on

the child's 18th birthday, or on the successful completion of the

child's secondary schooling, whichever first occurs, except that,

if the child is above the age of compulsory school attendance under

applicable State law and the Secretary determines that the child's

best interests will be served thereby, the vocational training

program may begin before the child's 18th birthday.

(e)(1) A child who is pursuing a program of vocational training

under this section and is also eligible for assistance under a

program under chapter 35 of this title may not receive assistance

under both such programs concurrently. The child shall elect (in

such form and manner as the Secretary may prescribe) the program

under which the child is to receive assistance.

(2) The aggregate period for which a child may receive assistance

under this section and chapter 35 of this title may not exceed 48

months (or the part-time equivalent thereof).

-SOURCE-

(Added Pub. L. 104-204, title IV, Sec. 421(b)(1), Sept. 26, 1996,

110 Stat. 2924; amended Pub. L. 105-114, title IV, Sec. 404(c),

Nov. 21, 1997, 111 Stat. 2295.)

-MISC1-

PRIOR PROVISIONS

A prior section 1804 was renumbered section 3704 of this title.

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-114, Sec. 404(c)(1), substituted

"shall - " for "shall be designed in consultation with the child in

order to meet the child's individual needs and shall be set forth

in an individualized written plan of vocational rehabilitation."

and added pars. (1) to (3).

Subsec. (c)(1)(B). Pub. L. 105-114, Sec. 404(c)(2), substituted

"higher learning" for "higher education".

Subsec. (d)(3). Pub. L. 105-114, Sec. 404(c)(3), added par. (3).

EFFECTIVE DATE OF 1997 AMENDMENT

Section 404(d) of Pub. L. 105-114 provided that: "The amendments

made by this section [amending this section and sections 1801 and

1806 of this title] shall take effect as of October 1, 1997."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1803, 1813, 1814 of this

title.

-End-

-CITE-

38 USC Sec. 1805 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER I - CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA

-HEAD-

Sec. 1805. Monetary allowance

-STATUTE-

(a) The Secretary shall pay a monthly allowance under this

section to any child of a Vietnam veteran for any disability

resulting from spina bifida suffered by such child.

(b)(1) The amount of the allowance paid to a child under this

section shall be based on the degree of disability suffered by the

child, as determined in accordance with such schedule for rating

disabilities resulting from spina bifida as the Secretary may

prescribe.

(2) The Secretary shall, in prescribing the rating schedule for

the purposes of this section, establish three levels of disability

upon which the amount of the allowance provided by this section

shall be based.

(3) The amounts of the allowance shall be $200 per month for the

lowest level of disability prescribed, $700 per month for the

intermediate level of disability prescribed, and $1,200 per month

for the highest level of disability prescribed. Such amounts are

subject to adjustment under section 5312 of this title.

-SOURCE-

(Added Pub. L. 104-204, title IV, Sec. 421(b)(1), Sept. 26, 1996,

110 Stat. 2925; amended Pub. L. 106-419, title IV, Sec. 401(c)(2),

(e)(2), Nov. 1, 2000, 114 Stat. 1860.)

-MISC1-

PRIOR PROVISIONS

A prior section 1805 was renumbered section 3705 of this title.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-419, Sec. 401(e)(2), substituted

"this section" for "this chapter".

Subsecs. (c), (d). Pub. L. 106-419, Sec. 401(c)(2), struck out

subsecs. (c) and (d) which read as follows:

"(c) Notwithstanding any other provision of law, receipt by a

child of an allowance under this section shall not impair,

infringe, or otherwise affect the right of the child to receive any

other benefit to which the child may otherwise be entitled under

any law administered by the Secretary, nor shall receipt of such an

allowance impair, infringe, or otherwise affect the right of any

individual to receive any benefit to which the individual is

entitled under any law administered by the Secretary that is based

on the child's relationship to the individual.

"(d) Notwithstanding any other provision of law, the allowance

paid to a child under this section shall not be considered income

or resources in determining eligibility for or the amount of

benefits under any Federal or federally assisted program."

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-419 effective on the first day of the

first month beginning more than one year after Nov. 1, 2000, see

section 401(g) of Pub. L. 106-419, set out as an Effective Date

note under section 1811 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1815, 5312 of this title.

-End-

-CITE-

38 USC Sec. 1806 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER I - CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA

-HEAD-

[Sec. 1806. Repealed. Pub. L. 106-419, title IV, Sec. 401(c)(3),

Nov. 1, 2000, 114 Stat. 1860]

-MISC1-

Section, added Pub. L. 104-204, title IV, Sec. 421(b)(1), Sept.

26, 1996, 110 Stat. 2926; amended Pub. L. 105-114, title IV, Sec.

404(b)(1), Nov. 21, 1997, 111 Stat. 2294, related to applicability

of certain administrative provisions.

Prior section 1806 was renumbered section 3706 of this title.

Prior section 1807, added Pub. L. 94-324, Sec. 2(a), June 30,

1976, 90 Stat. 720; amended Pub. L. 97-72, title III, Sec. 303(d),

Nov. 3, 1981, 95 Stat. 1060, related to service after July 25,

1947, and prior to June 27, 1950, prior to repeal by Pub. L.

100-322, title IV, Sec. 415(a)(4), May 20, 1988, 102 Stat. 550.

Prior section 1810 was renumbered section 3710 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective on the first day of the first month beginning

more than one year after Nov. 1, 2000, see section 401(g) of Pub.

L. 106-419, set out as an Effective Date note under section 1811 of

this title.

-End-

-CITE-

38 USC SUBCHAPTER II - CHILDREN OF WOMEN VIETNAM VETERANS

BORN WITH CERTAIN BIRTH DEFECTS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER II - CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN

BIRTH DEFECTS

-HEAD-

SUBCHAPTER II - CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH

CERTAIN BIRTH DEFECTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1821, 1824 of this

title.

-End-

-CITE-

38 USC Sec. 1811 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER II - CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN

BIRTH DEFECTS

-HEAD-

Sec. 1811. Definitions

-STATUTE-

In this subchapter:

(1) The term "eligible child" means an individual who -

(A) is the child (as defined in section 1821(1) of this

title) of a woman Vietnam veteran; and

(B) was born with one or more covered birth defects.

(2) The term "covered birth defect" means a birth defect

identified by the Secretary under section 1812 of this title.

-SOURCE-

(Added Pub. L. 106-419, title IV, Sec. 401(a), Nov. 1, 2000, 114

Stat. 1857.)

-MISC1-

PRIOR PROVISIONS

A prior section 1811 was renumbered section 3711 of this title.

EFFECTIVE DATE

Pub. L. 106-419, title IV, Sec. 401(g), Nov. 1, 2000, 114 Stat.

1861, provided that:

"(1) Except as provided in paragraph (2), the amendments made by

this section [enacting this subchapter and subchapter III of this

chapter, amending sections 1802 and 1805 of this title, and

repealing sections 1801 and 1806 of this title] shall take effect

on the first day of the first month beginning more than one year

after the date of the enactment of this Act [Nov. 1, 2000].

"(2) The Secretary of Veterans Affairs shall identify birth

defects under section 1812 of title 38, United States Code (as

added by subsection (a) of this section), and shall prescribe the

regulations required by subchapter II of chapter 18 of that title

(as so added), not later than the effective date specified in

paragraph (1)."

-End-

-CITE-

38 USC Sec. 1812 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER II - CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN

BIRTH DEFECTS

-HEAD-

Sec. 1812. Covered birth defects

-STATUTE-

(a) Identification. - The Secretary shall identify the birth

defects of children of women Vietnam veterans that -

(1) are associated with the service of those veterans in the

Republic of Vietnam during the Vietnam era; and

(2) result in permanent physical or mental disability.

(b) Limitations. - (1) The birth defects identified under

subsection (a) may not include birth defects resulting from the

following:

(A) A familial disorder.

(B) A birth-related injury.

(C) A fetal or neonatal infirmity with well-established causes.

(2) In any case where affirmative evidence establishes that a

covered birth defect of a child of a woman Vietnam veteran results

from a cause other than the active military, naval, or air service

of that veteran in the Republic of Vietnam during the Vietnam era,

no benefits or assistance may be provided the child under this

subchapter.

-SOURCE-

(Added Pub. L. 106-419, title IV, Sec. 401(a), Nov. 1, 2000, 114

Stat. 1857.)

-MISC1-

PRIOR PROVISIONS

A prior section 1812 was renumbered section 3712 of this title.

Another prior section 1812, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1210, automatically guaranteed loans made to a veteran if

made for the purpose of purchasing farms and farm equipment, prior

to repeal by Pub. L. 93-569, Sec. 7(a), Dec. 31, 1974, 88 Stat.

1866.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1811 of this title.

-End-

-CITE-

38 USC Sec. 1813 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER II - CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN

BIRTH DEFECTS

-HEAD-

Sec. 1813. Health care

-STATUTE-

(a) Needed Care. - The Secretary shall provide an eligible child

such health care as the Secretary determines is needed by the child

for that child's covered birth defects or any disability that is

associated with those birth defects.

(b) Authority for Care To Be Provided Directly or by Contract. -

The Secretary may provide health care under this section directly

or by contract or other arrangement with a health care provider.

(c) Definitions. - For purposes of this section, the definitions

in section 1803(c) of this title shall apply with respect to the

provision of health care under this section, except that for such

purposes -

(1) the reference to "specialized spina bifida clinic" in

paragraph (2) of that section shall be treated as a reference to

a specialized clinic treating the birth defect concerned under

this section; and

(2) the reference to "vocational training under section 1804 of

this title" in paragraph (8) of that section shall be treated as

a reference to vocational training under section 1814 of this

title.

-SOURCE-

(Added Pub. L. 106-419, title IV, Sec. 401(a), Nov. 1, 2000, 114

Stat. 1857.)

-MISC1-

PRIOR PROVISIONS

A prior section 1813 was renumbered section 3713 of this title.

Another prior section 1813, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1211, automatically guaranteed loans made to a veteran if

made for the purpose of purchasing business property, prior to

repeal by Pub. L. 93-569, Sec. 7(a), Dec. 31, 1974, 88 Stat. 1866.

-End-

-CITE-

38 USC Sec. 1814 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER II - CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN

BIRTH DEFECTS

-HEAD-

Sec. 1814. Vocational training

-STATUTE-

(a) Authority. - The Secretary may provide a program of

vocational training to an eligible child if the Secretary

determines that the achievement of a vocational goal by the child

is reasonably feasible.

(b) Applicable Provisions. - Subsections (b) through (e) of

section 1804 of this title shall apply with respect to any program

of vocational training provided under subsection (a).

-SOURCE-

(Added Pub. L. 106-419, title IV, Sec. 401(a), Nov. 1, 2000, 114

Stat. 1858.)

-MISC1-

PRIOR PROVISIONS

A prior section 1814 was renumbered section 3714 of this title.

Another prior section 1814, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1211, Pub. L. 86-665, Sec. 3, July 14, 1960, 74 Stat. 531;

Pub. L. 87-84, Sec. 1(c), July 6, 1961, 75 Stat. 201, automatically

guaranteed loans made to a veteran if made for the purpose of

refinancing delinquent indebtedness, prior to repeal by Pub. L.

93-569, Sec. 7(a), Dec. 31, 1974, 88 Stat. 1866.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1813 of this title.

-End-

-CITE-

38 USC Sec. 1815 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER II - CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN

BIRTH DEFECTS

-HEAD-

Sec. 1815. Monetary allowance

-STATUTE-

(a) Monetary Allowance. - The Secretary shall pay a monthly

allowance to any eligible child for any disability resulting from

the covered birth defects of that child.

(b) Schedule for Rating Disabilities. - (1) The amount of the

monthly allowance paid under this section shall be based on the

degree of disability suffered by the child concerned, as determined

in accordance with a schedule for rating disabilities resulting

from covered birth defects that is prescribed by the Secretary.

(2) In prescribing a schedule for rating disabilities for the

purposes of this section, the Secretary shall establish four levels

of disability upon which the amount of the allowance provided by

this section shall be based. The levels of disability established

may take into account functional limitations, including limitations

on cognition, communication, motor abilities, activities of daily

living, and employability.

(c) Amount of Monthly Allowance. - The amount of the monthly

allowance paid under this section shall be as follows:

(1) In the case of a child suffering from the lowest level of

disability prescribed in the schedule for rating disabilities

under subsection (b), $100.

(2) In the case of a child suffering from the lower

intermediate level of disability prescribed in the schedule for

rating disabilities under subsection (b), the greater of -

(A) $214; or

(B) the monthly amount payable under section 1805(b)(3) of

this title for the lowest level of disability prescribed for

purposes of that section.

(3) In the case of a child suffering from the higher

intermediate level of disability prescribed in the schedule for

rating disabilities under subsection (b), the greater of -

(A) $743; or

(B) the monthly amount payable under section 1805(b)(3) of

this title for the intermediate level of disability prescribed

for purposes of that section.

(4) In the case of a child suffering from the highest level of

disability prescribed in the schedule for rating disabilities

under subsection (b), the greater of -

(A) $1,272; or

(B) the monthly amount payable under section 1805(b)(3) of

this title for the highest level of disability prescribed for

purposes of that section.

(d) Indexing to Social Security Benefit Increases. - Amounts

under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c)

shall be subject to adjustment from time to time under section 5312

of this title.

-SOURCE-

(Added Pub. L. 106-419, title IV, Sec. 401(a), Nov. 1, 2000, 114

Stat. 1858.)

-MISC1-

PRIOR PROVISIONS

A prior section 1815 was renumbered section 3703(a)(2) of this

title.

-End-

-CITE-

38 USC Sec. 1816 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER II - CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN

BIRTH DEFECTS

-HEAD-

Sec. 1816. Regulations

-STATUTE-

The Secretary shall prescribe regulations for purposes of the

administration of this subchapter.

-SOURCE-

(Added Pub. L. 106-419, title IV, Sec. 401(a), Nov. 1, 2000, 114

Stat. 1859.)

-MISC1-

PRIOR PROVISIONS

A prior section 1816 was renumbered sections 3732 and 3733 of

this title.

Prior sections 1817 and 1817A were renumbered sections 3713 and

3714 of this title, respectively.

A prior section 1818, added Pub. L. 89-358, Sec. 5(a), Mar. 3,

1966, 80 Stat. 25; amended Pub. L. 91-506, Sec. 2(e), Oct. 23,

1970, 84 Stat. 1108; Pub. L. 93-569, Sec. 8(6), (7), Dec. 31, 1974,

88 Stat. 1866, 1867; Pub. L. 94-324, Sec. 4, June 30, 1976, 90

Stat. 720; Pub. L. 95-476, title I, Sec. 106(a), Oct. 18, 1978, 92

Stat. 1499; Pub. L. 97-72, title III, Sec. 303(g), Nov. 3, 1981, 95

Stat. 1060; Pub. L. 97-295, Sec. 4(66), Oct. 12, 1982, 96 Stat.

1310, related to service after Jan. 31, 1955, and prior to Aug. 5,

1964, or after May 7, 1975, prior to repeal by Pub. L. 100-322,

title IV, Sec. 415(b)(3), May 20, 1988, 102 Stat. 551.

A prior section 1819 was renumbered section 3712 of this title.

A prior section 1820 was renumbered section 3720 of this title.

-End-

-CITE-

38 USC SUBCHAPTER III - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER III - GENERAL PROVISIONS

-End-

-CITE-

38 USC Sec. 1821 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 1821. Definitions

-STATUTE-

In this chapter:

(1) The term "child" means an individual, regardless of age or

marital status, who -

(A) is the natural child of a Vietnam veteran; and

(B) was conceived after the date on which that veteran first

entered the Republic of Vietnam during the Vietnam era.

(2) The term "Vietnam veteran" means an individual who

performed active military, naval, or air service in the Republic

of Vietnam during the Vietnam era, without regard to the

characterization of that individual's service.

(3) The term "Vietnam era" with respect to -

(A) subchapter I of this chapter, means the period beginning

on January 9, 1962, and ending on May 7, 1975; and

(B) subchapter II of this chapter, means the period beginning

on February 28, 1961, and ending on May 7, 1975.

-SOURCE-

(Added Pub. L. 106-419, title IV, Sec. 401(b), Nov. 1, 2000, 114

Stat. 1859.)

-MISC1-

PRIOR PROVISIONS

A prior section 1821 was renumbered section 3721 of this title.

EFFECTIVE DATE

Subchapter effective on the first day of the first month

beginning more than one year after Nov. 1, 2000, see section 401(g)

of Pub. L. 106-419, set out as a note under section 1811 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1811 of this title.

-End-

-CITE-

38 USC Sec. 1822 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 1822. Applicability of certain administrative provisions

-STATUTE-

(a) Applicability of Certain Provisions Relating to Compensation.

- The provisions of this title specified in subsection (b) apply

with respect to benefits and assistance under this chapter in the

same manner as those provisions apply to compensation paid under

chapter 11 of this title.

(b) Specified Provisions. - The provisions of this title referred

to in subsection (a) are the following:

(1) Section 5101(c).

(2) Subsections (a), (b)(2), (g), and (i) of section 5110.

(3) Section 5111.

(4) Subsection (a) and paragraphs (1), (6), (9), and (10) of

subsection (b) of section 5112.

-SOURCE-

(Added Pub. L. 106-419, title IV, Sec. 401(b), Nov. 1, 2000, 114

Stat. 1859.)

-MISC1-

PRIOR PROVISIONS

A prior section 1822, Pub. L. 85-857, Sept. 2, 1958, 72 Stat.

1214; Pub. L. 89-358, Sec. 5(c), Mar. 3, 1966, 88 Stat. 26; Pub. L.

89-623, Sec. 1, Oct. 4, 1966, 80 Stat. 873; Pub. L. 90-301, Sec.

2(b), May 7, 1968, 82 Stat. 113, provided for bringing of an action

in district court, by veteran or Attorney General, against one who

knowingly participated in sale of property to a veteran for

consideration in excess of reasonable value of property, prior to

repeal by Pub. L. 93-569, Secs. 7(a), 10, Dec. 31, 1974, 88 Stat.

1866, 1867, effective Dec. 31, 1974.

-End-

-CITE-

38 USC Sec. 1823 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 1823. Treatment of receipt of monetary allowance and other

benefits

-STATUTE-

(a) Coordination With Other Benefits Paid to the Recipient. -

Notwithstanding any other provision of law, receipt by an

individual of a monetary allowance under this chapter shall not

impair, infringe, or otherwise affect the right of the individual

to receive any other benefit to which the individual is otherwise

entitled under any law administered by the Secretary.

(b) Coordination With Benefits Based on Relationship of

Recipients. - Notwithstanding any other provision of law, receipt

by an individual of a monetary allowance under this chapter shall

not impair, infringe, or otherwise affect the right of any other

individual to receive any benefit to which such other individual is

entitled under any law administered by the Secretary based on the

relationship of such other individual to the individual who

receives such monetary allowance.

(c) Monetary Allowance Not To Be Considered as Income or

Resources for Certain Purposes. - Notwithstanding any other

provision of law, a monetary allowance paid an individual under

this chapter shall not be considered as income or resources in

determining eligibility for, or the amount of benefits under, any

Federal or federally assisted program.

-SOURCE-

(Added Pub. L. 106-419, title IV, Sec. 401(b), Nov. 1, 2000, 114

Stat. 1860.)

-MISC1-

PRIOR PROVISIONS

A prior section 1823 was renumbered section 3723 of this title

and subsequently repealed.

-End-

-CITE-

38 USC Sec. 1824 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS

SUBCHAPTER III - GENERAL PROVISIONS

-HEAD-

Sec. 1824. Nonduplication of benefits

-STATUTE-

(a) Monetary Allowance. - In the case of an eligible child under

subchapter II of this chapter whose only covered birth defect is

spina bifida, a monetary allowance shall be paid under subchapter I

of this chapter. In the case of an eligible child under subchapter

II of this chapter who has spina bifida and one or more additional

covered birth defects, a monetary allowance shall be paid under

subchapter II of this chapter.

(b) Vocational Rehabilitation. - An individual may only be

provided one program of vocational training under this chapter.

-SOURCE-

(Added Pub. L. 106-419, title IV, Sec. 401(b), Nov. 1, 2000, 114

Stat. 1860.)

-MISC1-

PRIOR PROVISIONS

A prior section 1824 was renumbered section 3724 of this title

and subsequently repealed.

Another prior section 1824 was renumbered section 3725 of this

title and subsequently repealed.

A prior section 1825 was renumbered 3725 of this title and

subsequently repealed.

Prior sections 1826 to 1832 were renumbered sections 3726 to 3732

of this title, respectively.

Another prior section 1832 was renumbered section 3733(d) of this

title.

Prior sections 1833, 1834, 1835 and 1841 to 1851 were renumbered

sections 3733, 3734, 2041, and 3741 to 3751 of this title,

respectively.

-End-