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38 U.S.C. § 1754 (VETERANS’ BENEFITS)
§ 1754. Reports
The Secretary shall include in the annual report to the Congress required by section 529 of this title a comprehensive report on the administration of this subchapter, including such recommendations for additional legislation as the Secretary deems necessary.
(Added Pub. L. 93–82, title I, § 109(a), Aug. 2, 1973, 87 Stat. 187, § 654; renumbered § 1754 and amended Pub. L. 102–83, §§ 2(c)(3), 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 402, 404–406.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 654 of this title as this section.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.
Pub. L. 102–83, § 2(c)(3), substituted “section 529” for “section 214”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Sept. 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amendment note under section 1701 of this title.
38 U.S.C. § 1771...1774 (VETERANS’ BENEFITS)
[§§ 1771 to 1774. Renumbered §§ 2031 to 2034]
heading: Editorial Notes
heading: Codification
text: Former subchapter VII of chapter 17, which consisted of sections 1771 to 1774, was renumbered subchapter IV of chapter 20 of this title and transferred to follow section 2023 of this title, and sections 1771 to 1774 were renumbered sections 2031 to 2034 of this title, respectively.
A prior subchapter VII of this chapter, consisting of sections 1761 to 1764 of this title, related to preventive health care services pilot program, prior to repeal by Pub. L. 102–585, title V, § 514(a), Nov. 4, 1992, 106 Stat. 4958.
Other prior sections 1771 to 1774 were renumbered sections 3671 to 3674 of this title, respectively.
Prior sections 1775 to 1777 were renumbered sections 3675 to 3677 of this title, respectively.
Another prior section 1777 was renumbered section 1778 of this title.
Prior section 1778 was renumbered section 3678 of this title.
Another prior section 1778 was renumbered section 1779 of this title.
Prior sections 1779 and 1780 were renumbered sections 3679 and 3680 of this title, respectively.
38 U.S.C. § 1782 (VETERANS’ BENEFITS)
§ 1782. Counseling, training, and mental health services for immediate family members and caregivers
(a) Counseling for Family Members of Veterans Receiving Service-Connected Treatment.—
In the case of a veteran who is receiving treatment for a service-connected disability pursuant to paragraph (1) or (2) of section 1710(a) of this title, the Secretary shall provide to individuals described in subsection (c) such consultation, professional counseling, marriage and family counseling, training, and mental health services as are necessary in connection with that treatment.
(b) Counseling for Family Members of Veterans Receiving Non-Service-Connected Treatment.—
In the case of a veteran who is eligible to receive treatment for a non-service-connected disability under the conditions described in paragraph (1), (2), or (3) of section 1710(a) of this title, the Secretary may, in the discretion of the Secretary, provide to individuals described in subsection (c) such consultation, professional counseling, marriage and family counseling, training, and mental health services as are necessary in connection with that treatment.
(c) Eligible Individuals.—
Individuals who may be provided services under this subsection are—
(1) the members of the immediate family or the legal guardian of a veteran;
(2) a family caregiver of an eligible veteran or a caregiver of a covered veteran (as those terms are defined in section 1720G of this title); or
(3) the individual in whose household such veteran certifies an intention to live.
(d) Travel and Transportation Authorized.—
Services provided under subsections (a) and (b) may include, under the terms and conditions set forth in section 111 of this title, travel and incidental expenses of individuals described in subsection (c) in the case of any of the following:
(1) A veteran who is receiving care for a service-connected disability.
(2) A dependent or survivor receiving care under the last sentence of section 1783(b) of this title.
(Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2462; amended Pub. L. 110–387, title III, § 301(a)(2), Oct. 10, 2008, 122 Stat. 4120; Pub. L. 111–163, title I, § 103(a), (b), May 5, 2010, 124 Stat. 1139, 1140.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1782 was renumbered section 3682 of this title.
heading: Amendments
text: 2010—Pub. L. 111–163, § 103(b), inserted “and caregivers” after “members” in section catchline.
Subsec. (c)(2), (3). Pub. L. 111–163, § 103(a), added par. (2) and redesignated former par. (2) as (3).
2008—Subsec. (a). Pub. L. 110–387, § 301(a)(2)(A), inserted “marriage and family counseling,” after “professional counseling,”.
Subsec. (b). Pub. L. 110–387, § 301(a)(2)(B), inserted “marriage and family counseling,” after “professional counseling,” and substituted period at end for “if—
“(1) those services were initiated during the veteran’s hospitalization; and
“(2) the continued provision of those services on an outpatient basis is essential to permit the discharge of the veteran from the hospital.”
38 U.S.C. § 1783 (VETERANS’ BENEFITS)
§ 1783. Bereavement counseling
(a) Deaths of Veterans.—
In the case of an individual who was a recipient of services under section 1782 of this title at the time of the death of the veteran, the Secretary may provide bereavement counseling to that individual in the case of a death—
(1) that was unexpected; or
(2) that occurred while the veteran was participating in a hospice program (or a similar program) conducted by the Secretary.
(b) Deaths In Active Service.—
(1) The Secretary may provide bereavement counseling to an individual who is a member of the immediate family of a member of the Armed Forces who dies in the active military, naval, or air service in the line of duty and under circumstances not due to the person’s own misconduct.
(2) For purposes of this subsection, the members of the immediate family of a member of the Armed Forces described in paragraph (1) include the parents of such member.
(c) Provision of Counseling Through Vet Centers.—
Bereavement counseling may be provided under this section through the facilities and personnel of centers for the provision of readjustment counseling and related mental health services under section 1712A of this title.
(d) Bereavement Counseling Defined.—
For purposes of this section, the term “bereavement counseling” means such counseling services, for a limited period, as the Secretary determines to be reasonable and necessary to assist an individual with the emotional and psychological stress accompanying the death of another individual.
(Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2463; amended Pub. L. 109–461, title II, § 216, Dec. 22, 2006, 120 Stat. 3424.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1783 was renumbered section 3683 of this title.
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–461, § 216(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (c), (d). Pub. L. 109–461, § 216(b), added subsec. (c) and redesignated former subsec. (c) as (d).
38 U.S.C. § 1784 (VETERANS’ BENEFITS)
§ 1784. Humanitarian care
The Secretary may furnish hospital care or medical services as a humanitarian service in emergency cases, but the Secretary shall charge for such care and services at rates prescribed by the Secretary.
(Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2463.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 1784 was renumbered section 3684 of this title.
38 U.S.C. § 1786 (VETERANS’ BENEFITS)
§ 1786. Care for newborn children of women veterans receiving maternity care
(a) In General.—
The Secretary may furnish health care services described in subsection (b) to a newborn child of a woman veteran who is receiving maternity care furnished by the Department for not more than seven days after the birth of the child if the veteran delivered the child in—
(1) a facility of the Department; or
(2) another facility pursuant to a Department contract for services relating to such delivery.
(b) Covered Health Care Services.—
Health care services described in this subsection are all post-delivery care services, including routine care services, that a newborn child requires.
(Added Pub. L. 111–163, title II, § 206(a), May 5, 2010, 124 Stat. 1145.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1786 was renumbered section 3686 of this title.
Another prior section 1786, added Pub. L. 89–358, § 3(b), Mar. 3, 1966, 80 Stat. 23, related to the examination of records, prior to repeal by section 316(1) of Pub. L. 92–540. See section 3690 of this title.
38 U.S.C. § 1788 (VETERANS’ BENEFITS)
§ 1788. Transplant procedures with live donors and related services
(a) In General.—
Subject to subsections (b) and (c), in a case in which a veteran is eligible for a transplant procedure from the Department, the Secretary may provide for an operation on a live donor to carry out such procedure for such veteran, notwithstanding that the live donor may not be eligible for health care from the Department.
(b) Other Services.—
Subject to the availability of appropriations for such purpose, the Secretary shall furnish to a live donor any care or services before and after conducting the transplant procedure under subsection (a) that may be required in connection with such procedure.
(c) Use of Non-Department Facilities.—
In carrying out this section, the Secretary may provide for the operation described in subsection (a) on a live donor and furnish to the live donor the care and services described in subsection (b) at a non-Department facility pursuant to an agreement entered into by the Secretary under this title. The live donor shall be deemed to be an individual eligible for hospital care and medical services at a non-Department facility pursuant to such an agreement solely for the purposes of receiving such operation, care, and services at the non-Department facility.
(Added Pub. L. 115–182, title I, § 153(a), June 6, 2018, 132 Stat. 1437; amended Pub. L. 115–251, title II, § 211(a)(10), Sept. 29, 2018, 132 Stat. 3175.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (c). Pub. L. 115–251 substituted “this title” for “this chapter”.
38 U.S.C. § 1801 (VETERANS’ BENEFITS)
[§ 1801. Repealed. Pub. L. 106–419, title IV, § 401(c)(1), Nov. 1, 2000, 114 Stat. 1860]
text: Section, added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2923; amended Pub. L. 105–114, title IV, § 404(a), Nov. 21, 1997, 111 Stat. 2294, defined “child” and “Vietnam veteran”.
text: A prior section 1801 was renumbered section 3701 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: 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.
heading: Effective Date
text: 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.
Pub. L. 104–204, title IV, § 421(d), Sept. 26, 1996, 110 Stat. 2926, 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.”
heading: Congressional Purpose
text: Pub. L. 104–204, title IV, § 421(a), Sept. 26, 1996, 110 Stat. 2923, 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.”
38 U.S.C. § 1802 (VETERANS’ BENEFITS)
§ 1802. Spina bifida conditions covered
This subchapter applies with respect to all forms and manifestations of spina bifida except spina bifida occulta.
(Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2923; amended Pub. L. 106–419, title IV, § 401(e)(1), Nov. 1, 2000, 114 Stat. 1860; Pub. L. 107–14, § 8(b)(3), June 5, 2001, 115 Stat. 36.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1802 was renumbered section 3702 of this title.
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2001 Amendment
text: Pub. L. 107–14, § 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.
heading: Effective Date of 2000 Amendment
text: 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.
38 U.S.C. § 1805 (VETERANS’ BENEFITS)
§ 1805. Monetary allowance
(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.
(Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2925; amended Pub. L. 106–419, title IV, § 401(c)(2), (e)(2), Nov. 1, 2000, 114 Stat. 1860.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1805 was renumbered section 3705 of this title.
heading: Amendments
text: 2000—Subsec. (a). Pub. L. 106–419, § 401(e)(2), substituted “this section” for “this chapter”.
Subsecs. (c), (d). Pub. L. 106–419, § 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.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2000 Amendment
text: 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.
38 U.S.C. § 1806 (VETERANS’ BENEFITS)
[§ 1806. Repealed. Pub. L. 106–419, title IV, § 401(c)(3), Nov. 1, 2000, 114 Stat. 1860]
text: Section, added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2926; amended Pub. L. 105–114, title IV, § 404(b)(1), Nov. 21, 1997, 111 Stat. 2294, related to applicability of certain administrative provisions.
text: Prior section 1806 was renumbered section 3706 of this title.
text: Prior section 1807, added Pub. L. 94–324, § 2(a), June 30, 1976, 90 Stat. 720; amended Pub. L. 97–72, title III, § 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, § 415(a)(4), May 20, 1988, 102 Stat. 550.
text: Prior section 1810 was renumbered section 3710 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: 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.
38 U.S.C. § 1811 (VETERANS’ BENEFITS)
§ 1811. Definitions
In this subchapter:
(1) The term “eligible child” means an individual who—
(A) is the child (as defined in section 1831(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.
(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1857; amended Pub. L. 108–183, title I, § 102(d)(1), Dec. 16, 2003, 117 Stat. 2654.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1811 was renumbered section 3711 of this title.
heading: Amendments
text: 2003—Par. (1)(A). Pub. L. 108–183 substituted “section 1831(1)” for “section 1821(1)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 106–419, title IV, § 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).”
38 U.S.C. § 1812 (VETERANS’ BENEFITS)
§ 1812. Covered birth defects
(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.
(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1857.)
heading: Editorial Notes
heading: Prior Provisions
text: 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, § 7(a), Dec. 31, 1974, 88 Stat. 1866.
38 U.S.C. § 1813 (VETERANS’ BENEFITS)
§ 1813. Health care
(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.
(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1857.)
heading: Editorial Notes
heading: Prior Provisions
text: 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, § 7(a), Dec. 31, 1974, 88 Stat. 1866.
38 U.S.C. § 1814 (VETERANS’ BENEFITS)
§ 1814. Vocational training
(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).
(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1858.)
heading: Editorial Notes
heading: Prior Provisions
text: 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, § 3, July 14, 1960, 74 Stat. 531; Pub. L. 87–84, § 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, § 7(a), Dec. 31, 1974, 88 Stat. 1866.