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‘‘(2) Whenever there is an increase in the rates of
the allowance payable under this section, the Secretary
shall publish such rates in the Federal Register.
‘‘(3) Whenever such rates are so increased, the Sec-
retary may round such rates in such manner as the Sec-
retary considers equitable and appropriate for ease of ad-
ministration.
‘‘(d) Notwithstanding any other provision of law, re-
ceipt by a child of an allowance under this section shall
not impair, infringe, or otherwise affect the right of such
child to receive any other benefit to which the child may
otherwise be entitled under any law administered by the
Secretary, nor shall such receipt impair, infringe, or other-
wise affect the right of any individual to receive any bene-
fit to which he or she is entitled under any law adminis-
tered by the Secretary that is based on the child’s relation-
ship to such individual.
‘‘(e) 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 feder-
ally assisted program.
‘‘§ 1806. Effective date of awards
‘‘Effective date for an award for benefits under this
chapter shall be fixed in accordance with the facts found,
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but shall not be earlier than the date of receipt of applica-
tion therefor.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall become effective on October 1, 1996.
(d) CLERICAL AMENDMENT.—The tables of chapters
before part I and at the beginning of part II are each
amended by inserting after the item referring to chapter
17 the following new item:
‘‘18. Benefits for children of Vietnam veterans who are born with spina
bifida ............................................................................. 1801’’.
SECT. 3. CLARIFICATION OF ENTITLEMENT FOR BENEFITS
FOR DISABILITY RESULTING FROM TREAT-
MENT OR VOCATIONAL SERVICES PROVIDED
BY DEPARTMENT OF VETERANS AFFAIRS.
(a) Section 1151 is amended—
(1) by striking out the first sentence and insert-
ing in lieu thereof the following:
‘‘(a) Compensation under this chapter and depend-
ency and indemnity compensation under chapter 13 of this
title shall be awarded for qualifying additional disability
to or death of a veteran in the same manner as if such
additional disability or death were service-connected. For
purposes of this section, additional disability or death is
qualifying only if it was not the result of the veteran’s
willful misconduct and—
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‘‘(1) it was caused by hospital care, medical or
surgical treatment, or examination furnished the vet-
eran under any law administered by the Secretary,
either by a Department employee or in a Depart-
ment facility as defined in section 1701(3)(A) of this
title, where the additional disability or death proxi-
mately resulted—
‘‘(A) from carelessness, negligence, lack of
proper skill, error in judgment, or similar in-
stance of fault on the part of the Department
in furnishing the hospital care, medical or sur-
gical treatment, or examination; or
‘‘(B) from an event not reasonably foresee-
able; or
‘‘(2) it was incurred as a proximate result of
the provision of training and rehabilitation services
by the Secretary (including by a service-provider
used by the Secretary for such purpose under sec-
tion 3115 of this title) as part of an approved reha-
bilitation program under chapter 31 of this title.’’;
and
(2) in the second sentence—
(A) by redesignating that sentence as sub-
section (b);
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(B) by striking out ‘‘, aggravation,’’ both
places it appears; and
(C) by striking out ‘‘sentence’’ and sub-
stituting in lieu thereof ‘‘subsection’’.
(b) The amendments made by subsection (a) shall
govern all administrative and judicial determinations of
eligibility for benefits under section 1151 of title 38, Unit-
ed States Code, made with respect to claims filed on or
after the date of enactment of this Act, including those
based on original applications and applications seeking to
reopen, revise, reconsider, or otherwise readjudicate on
any basis claims for benefits under section 1151 of that
title or predecessor provisions of law.
Æ