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38 U.S.C. § 6102 (VETERANS’ BENEFITS)
§ 6102. Fraudulent acceptance of payments
(a) Any person entitled to monetary benefits under any of the laws administered by the Secretary whose right to payment thereof ceases upon the happening of any contingency, who thereafter fraudulently accepts any such payment, shall be fined in accordance with title 18, or imprisoned not more than one year, or both.
(b) Whoever obtains or receives any money or check under any of the laws administered by the Secretary without being entitled to it, and with intent to defraud the United States or any beneficiary of the United States, shall be fined in accordance with title 18, or imprisoned not more than one year, or both.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1239, § 3502; renumbered § 6102, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(d)(7), June 13, 1991, 105 Stat. 286; Pub. L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 3502 of this title as this section.
Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in subsecs. (a) and (b).
Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40 by substituting “in accordance with title 18” for “not more than $2,000” in subsecs. (a) and (b).
38 U.S.C. § 6104 (VETERANS’ BENEFITS)
§ 6104. Forfeiture for treason
(a) Any person shown by evidence satisfactory to the Secretary to be guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or of its allies shall forfeit all accrued or future gratuitous benefits under laws administered by the Secretary.
(b) The Secretary, in the Secretary’s discretion, may apportion and pay any part of benefits forfeited under subsection (a) to the dependents of the person forfeiting such benefits. No dependent of any person shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be entitled if such person were dead.
(c) In the case of any forfeiture under this section there shall be no authority after September 1, 1959 (1) to make an apportionment award pursuant to subsection (b) or (2) to make an award to any person of gratuitous benefits based on any period of military, naval, or air service commencing before the date of commission of the offense.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1240, § 3504; Pub. L. 86–222, § 2, Sept. 1, 1959, 73 Stat. 452; Pub. L. 91–24, § 13(b), June 11, 1969, 83 Stat. 34; Pub. L. 97–295, § 4(78), Oct. 12, 1982, 96 Stat. 1311; Pub. L. 99–576, title VII, § 701(84), Oct. 28, 1986, 100 Stat. 3298; renumbered § 6104, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 3504 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s”.
1986—Subsec. (b). Pub. L. 99–576 substituted “the Administrator’s” for “his” and “the dependent” for “he”.
1982—Subsec. (a). Pub. L. 97–295 inserted “to” before “be guilty”.
1969—Subsec. (c). Pub. L. 91–24 substituted “September 1, 1959” for “the date of enactment of this subsection”.
1959—Subsec. (c). Pub. L. 86–222 added subsec. (c).
38 U.S.C. § 6106 (VETERANS’ BENEFITS)
§ 6106. Misuse of benefits by fiduciaries
(a) Fee Forfeiture in Case of Benefit Misuse by Fiduciaries.—
A fiduciary may not collect a fee from a beneficiary for any month with respect to which the Secretary or a court of competent jurisdiction has determined that the fiduciary misused all or part of the individual’s benefit, and any amount so collected by the fiduciary as a fee for such month shall be treated as a misused part of the individual’s benefit.
(b) Misuse of Benefits Defined.—
For purposes of this chapter, misuse of benefits by a fiduciary occurs in any case in which the fiduciary receives payment, under any of laws administered by the Secretary, for the use and benefit of a beneficiary and uses such payment, or any part thereof, for a use other than for the use and benefit of such beneficiary or that beneficiary’s dependents. Retention by a fiduciary of an amount of a benefit payment as a fiduciary fee or commission, or as attorney’s fees (including expenses) and court costs, if authorized by the Secretary or a court of competent jurisdiction, shall be considered to be for the use or benefit of such beneficiary.
(c) Regulations.—
The Secretary may prescribe by regulation the meaning of the term “use and benefit” for purposes of this section.
(Added Pub. L. 108–454, title V, § 503(a)(1), Dec. 10, 2004, 118 Stat. 3619.)
heading: Effective Date
text: Section applicable with respect to any determinations by the Secretary of Veterans Affairs made after Dec. 10, 2004, of misuse of funds by a fiduciary, see section 507(b)(2) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
38 U.S.C. § 6107 (VETERANS’ BENEFITS)
§ 6107. Reissuance of benefits
(a) Negligent Failure by Secretary.—
(1) In any case in which the negligent failure of the Secretary to investigate or monitor a fiduciary results in misuse of benefits by the fiduciary, the Secretary shall pay to the beneficiary or the beneficiary’s successor fiduciary an amount equal to the amount of benefits that were so misused.
(2) There shall be considered to have been a negligent failure by the Secretary to investigate and monitor a fiduciary in the following cases:
(A) A case in which the Secretary failed to review a fiduciary’s accounting within 60 days of the date on which that accounting is scheduled for review.
(B) A case in which the Secretary was notified of allegations of misuse, but failed to act within 60 days of the date of such notification to terminate the fiduciary.
(C) In any other case in which actual negligence is shown.
(b) Reissuance of Misused Benefits in Other Cases.—
(1) In any case in which a fiduciary described in paragraph (2) misuses all or part of an individual’s benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary’s successor fiduciary an amount equal to the amount of such benefit so misused.
(2) Paragraph (1) applies to a fiduciary that—
(A) is not an individual; or
(B) is an individual who, for any month during a period when misuse occurs, serves 10 or more individuals who are beneficiaries under this title.
(3) In any other case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary’s successor fiduciary as the case may be.
(c) Limitation on Total Amount Paid.—
The total of the amounts paid to a beneficiary (or a beneficiary’s successor fiduciary) under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary.
(d) Recoupment of Amounts Reissued.—
In any case in which the Secretary reissues a benefit payment (in whole or in part) under subsection (a) or (b), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made.
(Added Pub. L. 108–454, title V, § 503(a)(1), Dec. 10, 2004, 118 Stat. 3619.)
heading: Effective Date
text: Section applicable with respect to any determinations by the Secretary of Veterans Affairs made after Dec. 10, 2004, of misuse of funds by a fiduciary, see section 507(b)(2) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
38 U.S.C. § 6108 (VETERANS’ BENEFITS)
§ 6108. Authority for judicial orders of restitution
(a) Any Federal court, when sentencing a defendant convicted of an offense arising from the misuse of benefits under this title, may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to the Department.
(b) Sections 3612, 3663, and 3664 of title 18 shall apply with respect to the issuance and enforcement of orders of restitution under subsection (a). In so applying those sections, the Department shall be considered the victim.
(c) If the court does not order restitution, or orders only partial restitution, under subsection (a), the court shall state on the record the reasons therefor.
(d) Amounts received in connection with misuse by a fiduciary of funds paid as benefits under laws administered by the Secretary shall be paid to the individual whose benefits were misused. If the Secretary has previously reissued the misused benefits, the amounts shall be treated in the same manner as overpayments recouped by the Secretary and shall be deposited to the credit of the applicable revolving fund, trust fund, or appropriation.
(Added Pub. L. 108–454, title V, § 504(b)(1), Dec. 10, 2004, 118 Stat. 3621.)
heading: Effective Date
text: Section effective on the first day of the seventh month beginning after Dec. 10, 2004, see section 507(a) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
38 U.S.C. § 6301 (VETERANS’ BENEFITS)
§ 6301. Purpose; definitions
(a) Purpose.—
The Congress declares that—
(1) the outreach services program authorized by this chapter is for the purpose of ensuring that all veterans (especially those who have been recently discharged or released from active military, naval, or air service, or from a reserve component, and those who are eligible for readjustment or other benefits and services under laws administered by the Department) are provided timely and appropriate assistance to aid and encourage them in applying for and obtaining such benefits and services in order that they may achieve a rapid social and economic readjustment to civilian life and obtain a higher standard of living for themselves and their dependents; and
(2) the outreach services program authorized by this chapter is for the purpose of charging the Department with the affirmative duty of seeking out eligible veterans and eligible dependents and providing them with such services.
(b) Definitions.—
For the purposes of this chapter—
(1) the term “outreach” means the act or process of reaching out in a systematic manner to proactively provide information, services, and benefits counseling to veterans, and to the spouses, children, and parents of veterans who may be eligible to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully informed about, and receive assistance in applying for, such benefits;
(2) the term “other governmental programs” includes all programs under State or local laws as well as all programs under Federal law other than those authorized by this title; and
(3) the term “eligible dependent” means a spouse, surviving spouse, child, or dependent parent of a person who served in the active military, naval, or air service.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 407; amended Pub. L. 110–181, div. A, title XVII, § 1710, Jan. 28, 2008, 122 Stat. 494.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7721 of this title prior to repeal by Pub. L. 109–233.
heading: Amendments
text: 2008—Subsec. (a)(1). Pub. L. 110–181, § 1710(a), inserted “, or from a reserve component,” after ”active military, naval, or air service”.
Subsec. (b). Pub. L. 110–181, § 1710(b), added par. (1) and redesignated former pars. (1) and (2) as (2) and (3), respectively.
38 U.S.C. § 6302 (VETERANS’ BENEFITS)
§ 6302. Biennial plan
(a) Biennial Plan Required.—
The Secretary shall, during the first nine months of every odd-numbered year, prepare a biennial plan for the outreach activities of the Department for the two-fiscal-year period beginning on October 1 of that year.
(b) Elements.—
Each biennial plan under subsection (a) shall include the following:
(1) Plans for efforts to identify eligible veterans and eligible dependents who are not enrolled or registered with the Department for benefits or services under the programs administered by the Secretary.
(2) Plans for informing eligible veterans and eligible dependents of modifications of the benefits and services under the programs administered by the Secretary, including eligibility for medical and nursing care and services.
(c) Coordination in Development.—
In developing the biennial plan under subsection (a), the Secretary shall consult with the following:
(1) Directors or other appropriate officials of organizations approved by the Secretary under section 5902 of this title.
(2) Directors or other appropriate officials of State and local education and training programs.
(3) Representatives of nongovernmental organizations that carry out veterans outreach programs.
(4) Representatives of State and local veterans employment organizations.
(5) Other individuals and organizations that the Secretary considers appropriate.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 408.)
38 U.S.C. § 6304 (VETERANS’ BENEFITS)
§ 6304. Veterans assistance offices
(a) In General.—
The Secretary shall establish and maintain veterans assistance offices at such places throughout the United States and its territories and possessions, and in the Commonwealth of Puerto Rico, as the Secretary determines to be necessary to carry out the purposes of this chapter. The Secretary may maintain such offices on such military installations located elsewhere as the Secretary, after consultation with the Secretary of Defense and taking into account recommendations, if any, of the Secretary of Labor, determines to be necessary to carry out such purposes.
(b) Location of Offices.—
In establishing and maintaining such offices, the Secretary shall give due regard to—
(1) the geographical distribution of veterans recently discharged or released from active military, naval, or air service;
(2) the special needs of educationally disadvantaged veterans (including their need for accessibility of outreach services); and
(3) the necessity of providing appropriate outreach services in less populated areas.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 409.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7723 of this title prior to repeal by Pub. L. 109–233.
38 U.S.C. § 6305 (VETERANS’ BENEFITS)
§ 6305. Outstationing of counseling and outreach personnel
The Secretary may station employees of the Department at locations other than Department offices, including educational institutions, to provide—
(1) counseling and other assistance regarding benefits under this title to veterans and other persons eligible for benefits under this title; and
(2) outreach services under this chapter.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 409.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7724 of this title prior to repeal by Pub. L. 109–233.
38 U.S.C. § 6306 (VETERANS’ BENEFITS)
§ 6306. Use of other agencies
(a) In carrying out this chapter, the Secretary shall arrange with the Secretary of Labor for the State employment service to match the particular qualifications of an eligible veteran or eligible dependent with an appropriate job or job training opportunity, including, where possible, arrangements for outstationing the State employment personnel who provide such assistance at appropriate facilities of the Department.
(b) In carrying out this chapter, the Secretary shall, in consultation with the Secretary of Labor, actively seek to promote the development and establishment of employment opportunities, training opportunities, and other opportunities for veterans, with particular emphasis on the needs of veterans with service-connected disabilities and other eligible veterans, taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title.
(c) In carrying out this chapter, the Secretary shall cooperate with and use the services of any Federal department or agency or any State or local governmental agency or recognized national or other organization.
(d) In carrying out this chapter, the Secretary shall, where appropriate, make referrals to any Federal department or agency or State or local governmental unit or recognized national or other organization.
(e) In carrying out this chapter, the Secretary may furnish available space and office facilities for the use of authorized representatives of such governmental unit or other organization providing services.
(f) In carrying out this chapter, the Secretary shall conduct and provide for studies, in consultation with appropriate Federal departments and agencies, to determine the most effective program design to carry out the purposes of this chapter.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 409.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7725 of this title prior to repeal by Pub. L. 109–233.
38 U.S.C. § 6307 (VETERANS’ BENEFITS)
§ 6307. Outreach for eligible dependents
(a) Needs of Dependents.—
In carrying out this chapter, the Secretary shall ensure that the needs of eligible dependents are fully addressed.
(b) Information as to Availability of Outreach Services for Dependents.—
The Secretary shall ensure that the availability of outreach services and assistance for eligible dependents under this chapter is made known through a variety of means, including the Internet, announcements in veterans publications, and announcements to the media.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 410.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7727 of this title prior to repeal by Pub. L. 109–233.
38 U.S.C. § 6308 (VETERANS’ BENEFITS)
§ 6308. Biennial report to Congress
(a) Report Required.—
The Secretary shall, not later than December 1 of every even-numbered year (beginning in 2008), submit to Congress a report on the outreach activities carried out by the Department.
(b) Content.—
Each report under this section shall include the following:
(1) A description of the implementation during the preceding fiscal year of the current biennial plan under section 6302 of this title.
(2) Recommendations for the improvement or more effective administration of the outreach activities of the Department.
(Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 410.)
heading: Prior Provisions
text: Provisions similar to those in this section were contained in section 7726 of this title prior to repeal by Pub. L. 109–233.
38 U.S.C. § 7103 (VETERANS’ BENEFITS)
§ 7103. Reconsideration; correction of obvious errors
(a) The decision of the Board determining a matter under section 7102 of this title is final unless the Chairman orders reconsideration of the decision in accordance with subsection (b). Such an order may be made on the Chairman’s initiative or upon motion of the claimant.
(b)
(1) Upon the order of the Chairman for reconsideration of the decision in a case, the case shall be referred—
(A) in the case of a matter originally heard by a single member of the Board, to a panel of not less than three members of the Board; or
(B) in the case of a matter originally heard by a panel of members of the Board, to an enlarged panel of the Board.
(2) A panel referred to in paragraph (1) may not include the member, or any member of the panel, that made the decision subject to reconsideration.
(3) A panel reconsidering a case under this subsection shall render its decision after reviewing the entire record before the Board. The decision of the panel shall be made by a majority vote of the members of the panel. The decision of the panel shall constitute the final decision of the Board.
(c) The Board on its own motion may correct an obvious error in the record, without regard to whether there has been a motion or order for reconsideration.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1241, § 4003; Pub. L. 100–687, div. A, title II, § 202(a), Nov. 18, 1988, 102 Stat. 4110; renumbered § 7103, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 103–271, § 6(a), July 1, 1994, 108 Stat. 741.)
heading: Amendments
text: 1994—Pub. L. 103–271 amended section generally. Prior to amendment, text read as follows:
“(a) Decisions by a section of the Board shall be made by a majority of the members of the section. The decision of the section is final unless the Chairman orders reconsideration of the case.
“(b) If the Chairman orders reconsideration in a case, the case shall upon reconsideration be heard by an expanded section of the Board. When a case is heard by an expanded section of the Board after such a motion for reconsideration, the decision of a majority of the members of the expanded section shall constitute the final decision of the Board.
“(c) Notwithstanding subsections (a) and (b) of this section, the Board on its own motion may correct an obvious error in the record.”
1991—Pub. L. 102–40 renumbered section 4003 of this title as this section.
1988—Pub. L. 100–687, in amending section generally, added subsec. (a), struck out former subsec. (a) which provided that determination of section, when unanimous, be final determination of Board, added subsec. (b), struck out former subsec. (b) which provided that when there is disagreement among members of section, concurrence of Chairman with majority of members of section shall constitute final determination of Board, and added subsec. (c).
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–687 effective Jan. 1, 1989, see section 401(d) of Pub. L. 100–687, set out as an Effective Date note under section 7251 of this title.
38 U.S.C. § 7105A (VETERANS’ BENEFITS)
§ 7105A. Simultaneously contested claims
(a) In simultaneously contested claims where one is allowed and one rejected, the time allowed for the filing of a notice of disagreement shall be sixty days from the date notice of the adverse action is mailed. In such cases the agency of original jurisdiction shall promptly notify all parties in interest at the last known address of the action taken, expressly inviting attention to the fact that notice of disagreement will not be entertained unless filed within the sixty-day period prescribed by this subsection.
(b) Upon the filing of a notice of disagreement, all parties in interest will be furnished with a statement of the case in the same manner as is prescribed in section 7105. The party in interest who filed a notice of disagreement will be allowed thirty days from the date of mailing of such statement of the case in which to file a formal appeal. Extension of time may be granted for good cause shown but with consideration to the interests of the other parties involved. The substance of the appeal will be communicated to the other party or parties in interest and a period of thirty days will be allowed for filing a brief or argument in answer thereto. Such notice shall be forwarded to the last known address of record of the parties concerned, and such action shall constitute sufficient evidence of notice.
(Added Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 554, § 4005A; renumbered § 7105A and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)
heading: Prior Provisions
text: Provisions similar to those comprising this section were contained in former section 4007 of this title, prior to the general amendment of sections 4005 to 4007 by Pub. L. 87–666.
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4005A of this title as this section and substituted “7105” for “4005” in subsec. (b).
heading: Effective Date
text: Section effective Jan. 1, 1963, see section 3 of Pub. L. 87–666, set out as a note under section 7105 of this title.