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38 U.S.C. § 1815 (VETERANS’ BENEFITS)
§ 1815. Monetary allowance
(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.
(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 1815 was renumbered section 3703(a)(2) of this title.
38 U.S.C. § 1816 (VETERANS’ BENEFITS)
§ 1816. Regulations
The Secretary shall prescribe regulations for purposes of the administration of this subchapter.
(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1859.)
heading: Editorial Notes
heading: Prior Provisions
text: 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, § 5(a), Mar. 3, 1966, 80 Stat. 25; amended Pub. L. 91–506, § 2(e), Oct. 23, 1970, 84 Stat. 1108; Pub. L. 93–569, § 8(6), (7), Dec. 31, 1974, 88 Stat. 1866, 1867; Pub. L. 94–324, § 4, June 30, 1976, 90 Stat. 720; Pub. L. 95–476, title I, § 106(a), Oct. 18, 1978, 92 Stat. 1499; Pub. L. 97–72, title III, § 303(g), Nov. 3, 1981, 95 Stat. 1060; Pub. L. 97–295, § 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, § 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.
38 U.S.C. § 1821 (VETERANS’ BENEFITS)
§ 1821. Benefits for children of certain Korea service veterans born with spina bifida
(a) Benefits Authorized.—
The Secretary may provide to any child of a veteran of covered service in Korea who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Korea were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter.
(b) Spina Bifida Conditions Covered.—
This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.
(c) Veteran of Covered Service in Korea.—
For purposes of this section, a veteran of covered service in Korea is any individual, without regard to the characterization of that individual’s service, who—
(1) served in the active military, naval, or air service in or near the Korean demilitarized zone (DMZ), as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971; and
(2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in or near the Korean demilitarized zone.
(d) Herbicide Agent.—
For purposes of this section, the term “herbicide agent” means a chemical in a herbicide used in support of United States and allied military operations in or near the Korean demilitarized zone, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971.
(Added Pub. L. 108–183, title I, § 102(a)(2), Dec. 16, 2003, 117 Stat. 2653.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1821 was renumbered section 1831 of this title.
Another prior section 1821 was renumbered section 3721 of this title.
38 U.S.C. § 1832 (VETERANS’ BENEFITS)
§ 1832. Applicability of certain administrative provisions
(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)(3), (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.
(Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1859, § 1822; renumbered § 1832, Pub. L. 108–183, title I, § 102(a)(1), Dec. 16, 2003, 117 Stat. 2653; amended Pub. L. 114–58, title VI, § 601(8), Sept. 30, 2015, 129 Stat. 538.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1832 was renumbered section 3732 of this title.
Another prior section 1832 was renumbered section 3733(d) of this title.
heading: Amendments
text: 2015—Subsec. (b)(2). Pub. L. 114–58 substituted “(b)(3)” for “(b)(2)”.
2003—Pub. L. 108–183 renumbered section 1822 of this title as this section.
38 U.S.C. § 1833 (VETERANS’ BENEFITS)
§ 1833. Treatment of receipt of monetary allowance and other benefits
(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.
(Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1860, § 1823; renumbered § 1833, Pub. L. 108–183, title I, § 102(a)(1), Dec. 16, 2003, 117 Stat. 2653.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 1833 was renumbered section 3733 of this title.
heading: Amendments
text: 2003—Pub. L. 108–183 renumbered section 1823 of this title as this section.
38 U.S.C. § 1834 (VETERANS’ BENEFITS)
§ 1834. Nonduplication of benefits
(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. In the case of a child eligible for benefits under subchapter I or II of this chapter who is also eligible for benefits under subchapter III of this chapter, a monetary allowance shall be paid under the subchapter of this chapter elected by the child.
(b) Vocational Rehabilitation.—
An individual may only be provided one program of vocational training under this chapter.
(Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1860, § 1824; renumbered § 1834 and amended, Pub. L. 108–183, title I, § 102(a)(1), (c), Dec. 16, 2003, 117 Stat. 2653, 2654.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior sections 1834, 1835, and 1841 to 1851 were renumbered sections 3734, 3735, and 3741 to 3751 of this title, respectively.
heading: Amendments
text: 2003—Pub. L. 108–183, § 102(a)(1), renumbered section 1824 of this title as this section.
Subsec. (a). Pub. L. 108–183, § 102(c), inserted at end: “In the case of a child eligible for benefits under subchapter I or II of this chapter who is also eligible for benefits under subchapter III of this chapter, a monetary allowance shall be paid under the subchapter of this chapter elected by the child.”
38 U.S.C. § 1901 (VETERANS’ BENEFITS)
§ 1901. Definitions
For the purposes of this subchapter—
(1) The term “insurance” means National Service Life Insurance.
(2) The terms “widow” or “widower” mean a person who was the lawful spouse of the insured at the maturity of the insurance.
(3) The term “child” means a legitimate child, an adopted child, and, if designated as beneficiary by the insured, a stepchild or an illegitimate child.
(4) The terms “parent”, “father”, and “mother” mean a father, mother, father through adoption, mother through adoption, persons who have stood in loco parentis to a member of the military or naval forces at any time before entry into active service for a period of not less than one year, and a step­parent, if designated as beneficiary by the insured.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1148, § 701; renumbered § 1901, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 1901 was renumbered section 3901 of this title.
Another prior section 1901, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1215, as amended by Pub. L. 90–77, title II, § 204(a), Aug. 31, 1967, 81 Stat. 184, related to veterans eligible for assistance, prior to the general revision of chapter 39 of this title by Pub. L. 91–666. See sections 3901 and 3902 of this title.
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 701 of this title as this section.
38 U.S.C. § 1902 (VETERANS’ BENEFITS)
§ 1902. Premium rates and policy values
Premium rates for insurance shall be the net rates based upon the American Experience Table of Mortality and interest at the rate of 3 per centum per annum. All cash, loan, paid-up, and extended values, and all other calculations in connection with insurance, shall be based upon said American Experience Table of Mortality and interest at the rate of 3 per centum per annum.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1148, § 702; renumbered § 1902, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 1902 was renumbered section 3902 of this title.
Another prior section 1902, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1215, related to limitation on types of assistance furnished and veterans otherwise entitled, prior to the general revision of chapter 39 of this title by Pub. L. 91–666. See sections 3902 and 3903 of this title.
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 702 of this title as this section.
38 U.S.C. § 1903 (VETERANS’ BENEFITS)
§ 1903. Amount of insurance
Insurance shall be issued in any multiple of $500 and the amount of insurance with respect to any one person shall be not less than $1,000 or more than $10,000. No person may carry a combined amount of National Service Life Insurance and United States Government life insurance in excess of $10,000 at any one time. The limitations of this section shall not apply to the additional paid up insurance the purchase of which is authorized under section 1907 of this title.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1148, § 703; Pub. L. 92–188, § 1, Dec. 15, 1971, 85 Stat. 645; renumbered § 1903 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 1903 was renumbered section 3903 of this title.
Another prior section 1903, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1216, related to limitation on amounts paid by United States, prior to the general revision of chapter 39 of this title by Pub. L. 91–666. See section 3902 of this title.
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 703 of this title as this section and substituted “1907” for “707”.
1971—Pub. L. 92–188 made section limitations inapplicable to the additional paid up insurance purchase of which is authorized under section 707 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1971 Amendment
text: Amendment by Pub. L. 92–188 effective on date established by Administrator but in no event later than first day of first calendar month beginning more than six calendar months after Dec. 15, 1971, see section 4 of Pub. L. 92–188, set out as a note under section 1907 of this title.
38 U.S.C. § 1905 (VETERANS’ BENEFITS)
§ 1905. Renewal
All level premium term policies, except as otherwise provided in this section, shall cease and terminate at the expiration of the term period. At the expiration of any term period any five-year level premium term policy which has not been exchanged or converted to a permanent plan of insurance and which is not lapsed shall be renewed as level premium term insurance without application for a successive five-year period at the premium rate for the attained age without medical examination. However, renewal will be effected in cases where the policy is lapsed only if the insured makes application for reinstatement and renewal of the term policy within five years after the date of lapse, and reinstatement in such cases shall be under the terms and conditions prescribed by the Secretary. In any case in which the insured is shown by evidence satisfactory to the Secretary to be totally disabled at the expiration of the level premium term period of the insurance under conditions which would entitle the insured to continued insurance protection but for such expiration, the insurance, if subject to renewal under this section, shall be automatically renewed for an additional period of five years at the premium rate for the then attained age, unless the insured has elected insurance on some other available plan.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1148, § 705; Pub. L. 91–291, § 8, June 25, 1970, 84 Stat. 331; Pub. L. 99–576, title VII, § 701(22), Oct. 28, 1986, 100 Stat. 3292; renumbered § 1905 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 1905, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1216; Pub. L. 90–77, title II, § 204(b), Aug. 31, 1967, 81 Stat. 184, related to applications, prior to the general revision of chapter 39 of this title by Pub. L. 91–666, § 2(a), Jan. 11, 1971, 84 Stat. 1998.
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 705 of this title as this section and substituted “Secretary” for “Administrator” in two places.
1986—Pub. L. 99–576 substituted “the” for “his” in three places and “the insured” for “him”.
1970—Pub. L. 91–291 made it a requirement for renewal of lapsed policies that the insured make application for reinstatement and renewal of his term policy within five years after the date of lapse and struck out provision that the lapse occur within two months before the expiration of the term period.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1970 Amendment
text: Amendment by Pub. L. 91–291 effective June 25, 1970, see section 14(a) of Pub. L. 91–291, set out as a note under section 1317 of this title.
38 U.S.C. § 1906 (VETERANS’ BENEFITS)
§ 1906. Policy provisions
Provisions for cash, loan, paid-up, and extended values, dividends from gains and savings, refund of unearned premiums, and such other provisions as may be found to be reasonable and practicable may be provided for in the policy of insurance from time to time by regulations promulgated by the Secretary.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 706; renumbered § 1906 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 706 of this title as this section and substituted “Secretary” for “Administrator”.
38 U.S.C. § 1908 (VETERANS’ BENEFITS)
§ 1908. Premium payments
The Secretary shall, by regulations, prescribe the time and method of payment of the premiums on insurance, but payments of premiums in advance shall not be required for periods of more than one month each, and may at the election of the insured be deducted from the insured’s active-service pay or be otherwise made. An amount equal to the first premium due under a National Service Life Insurance policy may be advanced from current appropriations for active-service pay to any person in the active service in the Army, Navy, Air Force, Marine Corps, or Coast Guard, which amount shall constitute a lien upon any service or other pay accruing to the person for whom such advance was made and shall be collected therefrom if not otherwise paid. No disbursing or certifying officer shall be responsible for any loss incurred by reason of such advance. Any amount so advanced in excess of available service or other pay shall constitute a lien on the policy within the provisions of section 5301(b) of this title.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 708; Pub. L. 99–576, title VII, § 701(24), Oct. 28, 1986, 100 Stat. 3292; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1908 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 708 of this title as this section and substituted “Secretary” for “Administrator”.
Pub. L. 102–40 substituted “5301(b)” for “3101(b)”.
1986—Pub. L. 99–576 substituted “the insured’s” for “his”.
heading: Statutory Notes and Related Subsidiaries
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
38 U.S.C. § 1909 (VETERANS’ BENEFITS)
§ 1909. Effective date of insurance
Insurance may be made effective, as specified in the application, not later than the first day of the calendar month following the date of application therefor, but the United States shall not be liable thereunder for death occurring before such effective date.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 709; renumbered § 1909, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 709 of this title as this section.
38 U.S.C. § 1910 (VETERANS’ BENEFITS)
§ 1910. Incontestability
Subject to the provisions of section 1911 of this title all contracts or policies of insurance heretofore or hereafter issued, reinstated, or converted shall be incontestable from the date of issue, reinstatement, or conversion except for fraud, nonpayment of premium, or on the ground that the applicant was not a member of the military or naval forces of the United States. However, in any case in which a contract or policy of insurance is canceled or voided after March 16, 1954, because of fraud, the Secretary shall refund to the insured, if living, or, if deceased, to the person designated as beneficiary (or if none survives, to the estate of the insured) all money, without interest, paid as premiums on such contract or policy for any period subsequent to two years after the date such fraud induced the Secretary to issue, reinstate, or convert such insurance less any dividends, loan, or other payment made to the insured under such contract or policy.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1149, § 710; renumbered § 1910 and amended Pub. L. 102–83, §§ 4(a)(2)(A)(iii)(II), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403–406.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 710 of this title as this section.
Pub. L. 102–83, § 5(c)(1), substituted “1911” for “711”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “shall”.
Pub. L. 102–83, § 4(a)(2)(A)(iii)(II), substituted “Secretary” for “Veterans’ Administration” before “to issue”.
38 U.S.C. § 1911 (VETERANS’ BENEFITS)
§ 1911. Forfeiture
Any person guilty of mutiny, treason, spying, or desertion, or who, because of conscientious objections, refuses to perform service in the Armed Forces of the United States or refuses to wear the uniform of such force, shall forfeit all rights to National Service Life Insurance. No insurance shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy of the United States; but the cash surrender value, if any, of such insurance on the date of such death shall be paid to the designated beneficiary, if living, or otherwise to the beneficiary or beneficiaries within the permitted class in accordance with the order specified in section 1916(b) of this title.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1150, § 711; renumbered § 1911 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 711 of this title as this section and substituted “1916(b)” for “716(b)”.