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U.S. CODE
TITLE 38
VETERANS' BENEFITS

Version 2010-02-01

Last update 2011-11-19


  • GENERAL PROVISIONS
    • GENERAL
    • DEPARTMENT OF VETERANS AFFAIRS
    • AUTHORITY AND DUTIES OF THE SECRETARY
      • GENERAL AUTHORITIES
      • SPECIFIED FUNCTIONS
      • ADVISORY COMMITTEES
    • EMPLOYEES
    • SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT
  • GENERAL BENEFITS
    • COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
      • GENERAL
      • WARTIME DISABILITY COMPENSATION
      • WARTIME DEATH COMPENSATION
      • PEACETIME DISABILITY COMPENSATION
      • PEACETIME DEATH COMPENSATION
      • GENERAL COMPENSATION PROVISIONS
    • DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED DEATHS
      • GENERAL
      • DEPENDENCY AND INDEMNITY COMPENSATION
      • CERTIFICATIONS
    • PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE
      • GENERAL
      • VETERANS PENSIONS
        • Service Pension
        • Non-Service-Connected Disability Pension
      • PENSIONS TO SURVIVING SPOUSES AND CHILDREN
        • Wars Before World War I
        • Other Periods of War
        • Repealed
      • ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL
    • HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
      • GENERAL
      • HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND MEDICAL TREATMENT
      • MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS
      • HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN THE REPUBLIC OF THE PHILIPPINES
      • PAYMENTS TO STATE HOMES
      • SICKLE CELL ANEMIA
      • TRANSFERRED
      • HEALTH CARE OF PERSONS OTHER THAN VETERANS
    • BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS
      • CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA
      • CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS
      • CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA BIFIDA
      • GENERAL PROVISIONS
    • INSURANCE
      • NATIONAL SERVICE LIFE INSURANCE
      • UNITED STATES GOVERNMENT LIFE INSURANCE
      • SERVICEMEMBERS GROUP LIFE INSURANCE
      • GENERAL
    • BENEFITS FOR HOMELESS VETERANS
      • PURPOSE; DEFINITIONS; ADMINISTRATIVE MATTERS
      • COMPREHENSIVE SERVICE PROGRAMS
      • TRAINING AND OUTREACH
      • TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS
      • HOUSING ASSISTANCE
      • LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING
      • OTHER PROVISIONS
    • SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS
    • BURIAL BENEFITS
    • NATIONAL CEMETERIES AND MEMORIALS
  • READJUSTMENT AND RELATED BENEFITS
    • ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
      • PURPOSES; DEFINITIONS
      • BASIC EDUCATIONAL ASSISTANCE
      • SUPPLEMENTAL EDUCATIONAL ASSISTANCE
      • TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS
    • TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES
    • POST-VIETNAM ERA VETERANS EDUCATIONAL ASSISTANCE
      • PURPOSE; DEFINITIONS
      • ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND
      • ENTITLEMENT; DURATION
      • ADMINISTRATION
    • POST-9/11 EDUCATIONAL ASSISTANCE
      • DEFINITIONS
      • EDUCATIONAL ASSISTANCE
      • ADMINISTRATIVE PROVISIONS
    • VETERANS EDUCATIONAL ASSISTANCE
      • PURPOSEDEFINITIONS
      • ELIGIBILITY AND ENTITLEMENT
      • ENROLLMENT
      • PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES
      • SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED
    • SURVIVORS AND DEPENDENTS EDUCATIONAL ASSISTANCE
      • DEFINITIONS
      • ELIGIBILITY AND ENTITLEMENT
      • PROGRAM OF EDUCATION
      • PAYMENTS TO ELIGIBLE PERSONS
      • SPECIAL RESTORATIVE TRAINING
      • MISCELLANEOUS PROVISIONS
      • PHILIPPINE COMMONWEALTH ARMY AND PHILIPPINE SCOUTS
    • ADMINISTRATION OF EDUCATIONAL BENEFITS
      • STATE APPROVING AGENCIES
      • MISCELLANEOUS PROVISIONS
      • REPEALED
    • HOUSING AND SMALL BUSINESS LOANS
      • GENERAL
      • LOANS
      • ADMINISTRATIVE PROVISIONS
      • SMALL BUSINESS LOANS
      • DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS
      • TRANSFERRED
    • AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES
    • JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR VETERANS
    • EMPLOYMENT AND TRAINING OF VETERANS
    • EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES
      • GENERAL
      • EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS
      • PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION
      • MISCELLANEOUS PROVISIONS
  • GENERAL ADMINISTRATIVE PROVISIONS
    • CLAIMS, EFFECTIVE DATES, AND PAYMENTS
      • CLAIMS
      • EFFECTIVE DATES
      • PAYMENT OF BENEFITS
    • SPECIAL PROVISIONS RELATING TO BENEFITS
    • MINORS, INCOMPETENTS, AND OTHER WARDS
    • RECORDS AND INVESTIGATIONS
      • RECORDS
      • INVESTIGATIONS
      • INFORMATION SECURITY
    • AGENTS AND ATTORNEYS
    • PENAL AND FORFEITURE PROVISIONS
    • OUTREACH ACTIVITIES
  • BOARDS, ADMINISTRATIONS, AND SERVICES
    • BOARD OF VETERANS APPEALS
    • UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
      • ORGANIZATION AND JURISDICTION
      • PROCEDURE
      • MISCELLANEOUS PROVISIONS
      • DECISIONS AND REVIEW
      • RETIREMENT AND SURVIVORS ANNUITIES
    • VETERANS HEALTH ADMINISTRATIONORGANIZATION AND FUNCTIONS
      • ORGANIZATION
      • GENERAL AUTHORITY AND ADMINISTRATION
      • PROTECTION OF PATIENT RIGHTS
      • RESEARCH CORPORATIONS
    • VETERANS HEALTH ADMINISTRATIONPERSONNEL
      • APPOINTMENTS
      • COLLECTIVE BARGAINING AND PERSONNEL ADMINISTRATION
      • PAY FOR PHYSICIANS AND DENTISTS
      • PAY FOR NURSES AND OTHER HEALTH-CARE PERSONNEL
      • DISCIPLINARY AND GRIEVANCE PROCEDURES
      • REGIONAL MEDICAL EDUCATION CENTERS
    • HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM
      • GENERAL
      • SCHOLARSHIP PROGRAM
      • TUITION REIMBURSEMENT PROGRAM
      • ADMINISTRATIVE MATTERS
      • STIPEND PROGRAM FOR MEMBERS OF THE SELECTED RESERVE
      • EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM
      • EDUCATION DEBT REDUCTION PROGRAM
    • VETERANS BENEFITS ADMINISTRATION
      • ORGANIZATION; GENERAL
      • QUALITY ASSURANCE
    • VETERANS CANTEEN SERVICE
    • INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAM
  • ACQUISITION AND DISPOSITION OF PROPERTY
    • ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY
      • ACQUISITION AND OPERATION OF MEDICAL FACILITIES
      • PROCUREMENT AND SUPPLY
      • STATE HOME FACILITIES FOR FURNISHING DOMICILIARY, NURSING HOME, AND HOSPITAL CARE
      • SHARING OF MEDICAL FACILITIES, EQUIPMENT, AND INFORMATION
      • ENHANCED-USE LEASES OF REAL PROPERTY
    • ASSISTANCE IN ESTABLISHING NEW STATE MEDICAL SCHOOLS; GRANTS TO AFFILIATED MEDICAL SCHOOLS; ASSISTANCE TO HEALTH MANPOWER TRAINING INSTITUTIONS
      • PILOT PROGRAM FOR ASSISTANCE IN THE ESTABLISHMENT OF NEW STATE MEDICAL SCHOOLS
      • GRANTS TO AFFILIATED MEDICAL SCHOOLS
      • ASSISTANCE TO PUBLIC AND NONPROFIT INSTITUTIONS OF HIGHER LEARNING, HOSPITALS AND OTHER HEALTH MANPOWER INSTITUTIONS AFFILIATED WITH THE DEPARTMENT TO INCREASE THE PRODUCTION OF PROFESSIONAL AND OTHER HEALTH PERSONNEL
      • EXPANSION OF DEPARTMENT HOSPITAL EDUCATION AND TRAINING CAPACITY
    • ACCEPTANCE OF GIFTS AND BEQUESTS
    • DISPOSITION OF DECEASED VETERANS PERSONAL PROPERTY
      • PROPERTY LEFT ON DEPARTMENT FACILITY
      • DEATH WHILE PATIENT OF DEPARTMENT FACILITY
  • Version 2010-02-01

PART I

GENERAL PROVISIONS

I - CHAPTER 1

GENERAL

Definitions

For the purposes of this title—

(1) The terms "Secretary" and "Department" mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.

(2) The term "veteran" means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.

(3) The term "surviving spouse" means (except for purposes of chapter 19 of this title) a person of the opposite sex who was the spouse of a veteran at the time of the veteran's death, and who lived with the veteran continuously from the date of marriage to the date of the veteran's death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried or (in cases not involving remarriage) has not since the death of the veteran, and after September 19, 1962, lived with another person and held himself or herself out openly to the public to be the spouse of such other person.

(4)
  • (A) The term "child" means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and section 8502 (b) of this title) a person who is unmarried and—
    • (i) who is under the age of eighteen years;

    • (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or

    • (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;

      and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran's household or was a member at the time of the veteran's death, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child's support or has been, before his death, judicially decreed to be the father of such child, or if he is otherwise shown by evidence satisfactory to the Secretary to be the father of such child. A person shall be deemed, as of the date of death of a veteran, to be the legally adopted child of such veteran if such person was at the time of the veteran's death living in the veteran's household and was legally adopted by the veteran's surviving spouse before August 26, 1961, or within two years after the veteran's death; however, this sentence shall not apply if at the time of the veteran's death, such person was receiving regular contributions toward the person's support from some individual other than the veteran or the veteran's spouse, or from any public or private welfare organization which furnishes services or assistance for children. A person with respect to whom an interlocutory decree of adoption has been issued by an appropriate adoption authority shall be recognized thereafter as a legally adopted child, unless and until that decree is rescinded, if the child remains in the custody of the adopting parent or parents during the interlocutory period. A person who has been placed for adoption under an agreement entered into by the adopting parent or parents with any agency authorized under law to so act shall be recognized thereafter as a legally adopted child, unless and until such agreement is terminated, if the child remains in the custody of the adopting parent or parents during the period of placement for adoption under such agreement. A person described in clause (ii) of the first sentence of this subparagraph who was a member of a veteran's household at the time the person became 18 years of age and who is adopted by the veteran shall be recognized as a legally adopted child of the veteran regardless of the age of such person at the time of adoption.

  • (B) For the purposes of subparagraph (A) of this paragraph, in the case of an adoption under the laws of any jurisdiction other than a State (as defined in section 101 (20) of this title and including the Commonwealth of the Northern Mariana Islands)—
    • (i) a person residing outside any of the States shall not be considered to be a legally adopted child of a veteran during the lifetime of such veteran (including for purposes of this subparagraph a Commonwealth Army veteran or new Philippine Scout, as defined in section 3566 of this title) unless such person—
      • (I) was less than eighteen years of age at the time of adoption;

      • (II) is receiving one-half or more of such person's annual support from such veteran;

      • (III) is not in the custody of such person's natural parent, unless such natural parent is such veteran's spouse; and

      • (IV) is residing with such veteran (or in the case of divorce following adoption, with the divorced spouse who is also an adoptive or natural parent) except for periods during which such person is residing apart from such veteran (or such divorced spouse) for purposes of full-time attendance at an educational institution or during which such person or such veteran (or such divorced spouse) is confined in a hospital, nursing home, other health-care facility, or other institution; and

    • (ii) a person shall not be considered to have been a legally adopted child of a veteran as of the date of such veteran's death and thereafter unless—
      • (I) at any time within the one-year period immediately preceding such veteran's death, such veteran was entitled to and was receiving a dependent's allowance or similar monetary benefit under this title for such person; or

      • (II) for a period of at least one year prior to such veteran's death, such person met the requirements of clause (i) of this subparagraph.

(5) The term "parent" means (except for purposes of chapter 19 of this title) a father, a mother, a father through adoption, a mother through adoption, or an individual who for a period of not less than one year stood in the relationship of a parent to a veteran at any time before the veteran's entry into active military, naval, or air service or if two persons stood in the relationship of a father or a mother for one year or more, the person who last stood in the relationship of father or mother before the veteran's last entry into active military, naval, or air service.

(6) The term "Spanish-American War"
  • (A) means the period beginning on April 21, 1898, and ending on July 4, 1902,

    • (B) includes the Philippine Insurrection and the Boxer Rebellion, and

      • (C) in the case of a veteran who served with the United States military forces engaged in hostilities in the Moro Province, means the period beginning on April 21, 1898, and ending on July 15, 1903.

        (7) The term "World War I"
        • (A) means the period beginning on April 6, 1917, and ending on November 11, 1918, and

          • (B) in the case of a veteran who served with the United States military forces in Russia, means the period beginning on April 6, 1917, and ending on April 1, 1920.

            (8) The term "World War II" means (except for purposes of chapters 31 and 37 of this title) the period beginning on December 7, 1941, and ending on December 31, 1946.

            (9) The term "Korean conflict" means the period beginning on June 27, 1950, and ending on January 31, 1955.

            (10) The term "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof.

            (11) The term "period of war" means the Spanish-American War, the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.

            (12) The term "veteran of any war" means any veteran who served in the active military, naval, or air service during a period of war.

            (13) The term "compensation" means a monthly payment made by the Secretary to a veteran because of service-connected disability, or to a surviving spouse, child, or parent of a veteran because of the service-connected death of the veteran occurring before January 1, 1957.

            (14) The term "dependency and indemnity compensation" means a monthly payment made by the Secretary to a surviving spouse, child, or parent
            • (A) because of a service-connected death occurring after December 31, 1956, or

              • (B) pursuant to the election of a surviving spouse, child, or parent, in the case of such a death occurring before January 1, 1957.

                (15) The term "pension" means a monthly or other periodic payment made by the Secretary to a veteran because of service, age, or non-service-connected disability, or to a surviving spouse or child of a veteran because of the non-service-connected death of the veteran.

                (16) The term "service-connected" means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, or air service.

                (17) The term "non-service-connected" means, with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval, or air service.

                (18) The term "discharge or release" includes
                • (A) retirement from the active military, naval, or air service, and

                  • (B) the satisfactory completion of the period of active military, naval, or air service for which a person was obligated at the time of entry into such service in the case of a person who, due to enlistment or reenlistment, was not awarded a discharge or release from such period of service at the time of such completion thereof and who, at such time, would otherwise have been eligible for the award of a discharge or release under conditions other than dishonorable.

                    (19) The term "State home" means a home established by a State (other than a possession) for veterans disabled by age, disease, or otherwise who by reason of such disability are incapable of earning a living. Such term also includes such a home which furnishes nursing home care for veterans.

                    (20) The term "State" means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. For the purpose of section 2303 and chapters 34 and 35 of this title, such term also includes the Canal Zone.

                    (21) The term "active duty" means—
                    • (A) full-time duty in the Armed Forces, other than active duty for training;

                    • (B) full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps of the Public Health Service
                      • (i) on or after July 29, 1945, or

                        • (ii) before that date under circumstances affording entitlement to "full military benefits" or

                          • (iii) at any time, for the purposes of chapter 13 of this title;

                          • (C) full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey
                            • (i) on or after July 29, 1945, or

                              • (ii) before that date
                                • (I) while on transfer to one of the Armed Forces, or

                                  • (II) while, in time of war or national emergency declared by the President, assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard, or

                                    • (III) in the Philippine Islands on December 7, 1941, and continuously in such islands thereafter, or

                                      • (iii) at any time, for the purposes of chapter 13 of this title;

                                      • (D) service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy; and

                                      • (E) authorized travel to or from such duty or service.

                                      (22) The term "active duty for training" means—
                                      • (A) full-time duty in the Armed Forces performed by Reserves for training purposes;

                                      • (B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps of the Public Health Service
                                        • (i) on or after July 29, 1945, or

                                          • (ii) before that date under circumstances affording entitlement to "full military benefits", or

                                            • (iii) at any time, for the purposes of chapter 13 of this title;

                                            • (C) in the case of members of the Army National Guard or Air National Guard of any State, full-time duty under section 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law;

                                            • (D) duty performed by a member of a Senior Reserve Officers' Training Corps program when ordered to such duty for the purpose of training or a practice cruise under chapter 103 of title 10 for a period of not less than four weeks and which must be completed by the member before the member is commissioned; and

                                            • (E) authorized travel to or from such duty.

                                              The term does not include duty performed as a temporary member of the Coast Guard Reserve.

                                            (23) The term "inactive duty training" means—
                                            • (A) duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) by the Secretary concerned under section 206 of title 37 or any other provision of law;

                                            • (B) special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned; and

                                            • (C) training (other than active duty for training) by a member of, or applicant for membership (as defined in section 8140 (g) of title 5) in, the Senior Reserve Officers' Training Corps prescribed under chapter 103 of title 10.

                                              In the case of a member of the Army National Guard or Air National Guard of any State, such term means duty (other than full-time duty) under sections 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law. Such term does not include

                                              • (i) work or study performed in connection with correspondence courses,

                                                • (ii) attendance at an educational institution in an inactive status, or

                                                  • (iii) duty performed as a temporary member of the Coast Guard Reserve.

                                                  (24) The term "active military, naval, or air service" includes—
                                                  • (A) active duty;

                                                  • (B) any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty; and

                                                  • (C) any period of inactive duty training during which the individual concerned was disabled or died—
                                                    • (i) from an injury incurred or aggravated in line of duty; or

                                                    • (ii) from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident occurring during such training.

                                                  (25) The term "Secretary concerned" means—
                                                  • (A) the Secretary of the Army, with respect to matters concerning the Army;

                                                  • (B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps;

                                                  • (C) the Secretary of the Air Force, with respect to matters concerning the Air Force;

                                                  • (D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard;

                                                  • (E) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service; and

                                                  • (F) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey.

                                                  (26) The term "Reserve" means a member of a reserve component of one of the Armed Forces.

                                                  (27) The term "reserve component" means, with respect to the Armed Forces—
                                                  • (A) the Army Reserve;

                                                  • (B) the Navy Reserve;

                                                  • (C) the Marine Corps Reserve;

                                                  • (D) the Air Force Reserve;

                                                  • (E) the Coast Guard Reserve;

                                                  • (F) the Army National Guard of the United States; and

                                                  • (G) the Air National Guard of the United States.

                                                  (28) The term "nursing home care" means the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require nursing care and related medical services, if such nursing care and medical services are prescribed by, or are performed under the general direction of, persons duly licensed to provide such care. Such term includes services furnished in skilled nursing care facilities, in intermediate care facilities, and in combined facilities. It does not include domiciliary care.

                                                  (29) The term "Vietnam era" means the following:
                                                  • (A) The period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period.

                                                  • (B) The period beginning on August 5, 1964, and ending on May 7, 1975, in all other cases.

                                                  (30) The term "Mexican border period" means the period beginning on May 9, 1916, and ending on April 5, 1917, in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto.

                                                  (31) The term "spouse" means a person of the opposite sex who is a wife or husband.

                                                  (32) The term "former prisoner of war" means a person who, while serving in the active military, naval or air service, was forcibly detained or interned in line of duty—
                                                  • (A) by an enemy government or its agents, or a hostile force, during a period of war; or

                                                  • (B) by a foreign government or its agents, or a hostile force, under circumstances which the Secretary finds to have been comparable to the circumstances under which persons have generally been forcibly detained or interned by enemy governments during periods of war.

                                                  (33) The term "Persian Gulf War" means the period beginning on August 2, 1990, and ending on the date thereafter prescribed by Presidential proclamation or by law.



                                                  Dependent parents

                                                  (a) Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Secretary.

                                                  (b) Dependency of a parent shall not be denied
                                                  • (1) solely because of remarriage, or

                                                  • (2) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Secretary shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.

                                                  (c) For the purposes of this section, in determining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces.



                                                  Special provisions relating to marriages

                                                  (a) Whenever, in the consideration of any claim filed by a person as the widow or widower of a veteran for gratuitous death benefits under laws administered by the Secretary, it is established by evidence satisfactory to the Secretary that such person, without knowledge of any legal impediment, entered into a marriage with such veteran which, but for a legal impediment, would have been valid, and thereafter cohabited with the veteran for one year or more immediately before the veteran's death, or for any period of time if a child was born of the purported marriage or was born to them before such marriage, the purported marriage shall be deemed to be a valid marriage, but only if no claim has been filed by a legal widow or widower of such veteran who is found to be entitled to such benefits. No duplicate payments shall be made by virtue of this subsection.

                                                  (b) Where a surviving spouse has been legally married to a veteran more than once, the date of original marriage will be used in determining whether the statutory requirement as to date of marriage has been met.

                                                  (c) In determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued.

                                                  (d)
                                                  • (1) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse of the veteran if the remarriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Secretary determines that the annulment was secured through fraud by either party or collusion.

                                                  • (2)
                                                    • (A) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran if the remarriage has been terminated by death or divorce unless the Secretary determines that the divorce was secured through fraud or collusion.

                                                    • (B) The remarriage after age 57 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. Notwithstanding the previous sentence, the remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits under section 1781 of this title to such person as the surviving spouse of the veteran.

                                                  • (3) If the surviving spouse of a veteran ceases living with another person and holding himself or herself out openly to the public as that person's spouse, the bar to granting that person benefits as the surviving spouse of the veteran shall not apply in the case of the benefits specified in paragraph (5).

                                                  • (4) The first month of eligibility for benefits for a surviving spouse by reason of paragraph (2)(A) or (3) shall be the month after—
                                                    • (A) the month of the termination of such remarriage, in the case of a surviving spouse described in paragraph (2)(A); or

                                                    • (B) the month of the cessation described in paragraph (3), in the case of a surviving spouse described in that paragraph.

                                                  • (5) Paragraphs (2)(A) and (3) apply with respect to benefits under the following provisions of this title:
                                                    • (A) Section 1311, relating to dependency and indemnity compensation.

                                                    • (B) Section 1781, relating to medical care for survivors and dependents of certain veterans.

                                                    • (C) Chapter 35, relating to educational assistance.

                                                    • (D) Chapter 37, relating to housing loans.

                                                  (e) The marriage of a child of a veteran shall not bar recognition of such child as the child of the veteran for benefit purposes if the marriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Secretary determines that the annulment was secured through fraud by either party or collusion.



                                                  Approval of educational institutions

                                                  (a) For the purpose of determining whether or not benefits are payable under this title (except chapter 35 of this title) for a child over the age of eighteen years and under the age of twenty-three years who is attending a school, college, academy, seminary, technical institute, university, or other educational institution, the Secretary may approve or disapprove such educational institutions.

                                                  (b) The Secretary may not approve an educational institution under this section unless such institution has agreed to report to the Secretary the termination of attendance of any child. If any educational institution fails to report any such termination promptly, the approval of the Secretary shall be withdrawn.



                                                  Line of duty and misconduct

                                                  (a) An injury or disease incurred during active military, naval, or air service will be deemed to have been incurred in line of duty and not the result of the veteran's own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active military, naval, or air service, whether on active duty or on authorized leave, unless such injury or disease was a result of the person's own willful misconduct or abuse of alcohol or drugs. Venereal disease shall not be presumed to be due to willful misconduct if the person in service complies with the regulations of the appropriate service department requiring the person to report and receive treatment for such disease.

                                                  (b) The requirement for line of duty will not be met if it appears that at the time the injury was suffered or disease contracted the person on whose account benefits are claimed
                                                  • (1) was avoiding duty by deserting the service or by absenting himself or herself without leave materially interfering with the performance of military duties;

                                                  • (2) was confined under sentence of court-martial involving an unremitted dishonorable discharge; or

                                                  • (3) was confined under sentence of a civil court for a felony (as determined under the laws of the jurisdiction where the person was convicted by such court).

                                                  (c) For the purposes of any provision relating to the extension of a delimiting period under any education-benefit or rehabilitation program administered by the Secretary, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.



                                                  Certain service deemed to be active service

                                                  (a)
                                                  • (1) Service as a member of the Women's Army Auxiliary Corps for ninety days or more by any woman who before October 1, 1943, was honorably discharged for disability incurred or aggravated in line of duty which rendered her physically unfit to perform further service in the Women's Army Auxiliary Corps or the Women's Army Corps shall be considered active duty for the purposes of all laws administered by the Secretary.

                                                  • (2) Any person entitled to compensation or pension by reason of this subsection and to employees' compensation based upon the same service under subchapter I of chapter 81 of title 5 must elect which benefit she will receive.

                                                  (b) Any person—
                                                  • (1) who has applied for enlistment or enrollment in the active military, naval, or air service and has been provisionally accepted and directed or ordered to report to a place for final acceptance into such service; or

                                                  • (2) who has been selected or drafted for service in the Armed Forces and has reported pursuant to the call of the person's local draft board and before rejection; or

                                                  • (3) who has been called into the Federal service as a member of the National Guard, but has not been enrolled for the Federal service; and

                                                    who has suffered an injury or contracted a disease in line of duty while en route to or from, or at, a place for final acceptance or entry upon active duty, will, for the purposes of chapters 11, 13, 19, 21, 31, and 39 of this title, and for purposes of determining service-connection of a disability under chapter 17 of this title, be considered to have been on active duty and to have incurred such disability in the active military, naval, or air service.

                                                  (c) For the purposes of this title, an individual discharged or released from a period of active duty shall be deemed to have continued on active duty during the period of time immediately following the date of such discharge or release from such duty determined by the Secretary concerned to have been required for that individual to proceed to that individual's home by the most direct route, and in any event that individual shall be deemed to have continued on active duty until midnight of the date of such discharge or release.

                                                  (d)
                                                  • (1) For the purposes of this title, any individual—
                                                    • (A) who, when authorized or required by competent authority, assumes an obligation to perform active duty for training or inactive duty training; and

                                                    • (B) who is disabled or dies from an injury or covered disease incurred while proceeding directly to or returning directly from such active duty for training or inactive duty training, as the case may be;

                                                      shall be deemed to have been on active duty for training or inactive duty training, as the case may be, at the time such injury or covered disease was incurred.

                                                  • (2) In determining whether or not such individual was so authorized or required to perform such duty, and whether or not such individual was disabled or died from injury or covered disease so incurred, the Secretary shall take into account the hour on which such individual began so to proceed or to return; the hour on which such individual was scheduled to arrive for, or on which such individual ceased to perform, such duty; the method of travel employed; the itinerary; the manner in which the travel was performed; and the immediate cause of disability or death.

                                                  • (3) Whenever any claim is filed alleging that the claimant is entitled to benefits by reason of this subsection, the burden of proof shall be on the claimant.

                                                  • (4) For purposes of this subsection, the term "covered disease" means any of the following:
                                                    • (A) Acute myocardial infarction.

                                                    • (B) A cardiac arrest.

                                                    • (C) A cerebrovascular accident.

                                                  (e) Each person who has incurred a disability as a result of an injury or disease described in subsection (b) shall be entitled to the same rights, privileges, and benefits under title 5 as a preference eligible described in section 2108 (3)(C) of title 5.

                                                  (f) Service as a member of the Alaska Territorial Guard during World War II of any individual who was honorably discharged therefrom under section 8147 of the Department of Defense Appropriations Act, 2001, shall be considered active duty for purposes of all laws administered by the Secretary.



                                                  Certain service deemed not to be active service

                                                  (a) Service before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, shall not be deemed to have been active military, naval, or air service for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the Armed Forces, except benefits under—
                                                  • (1) contracts of National Service Life Insurance entered into before February 18, 1946;

                                                  • (2) chapter 10 of title 37; and

                                                  • (3) chapters 11, 13 (except section 1312 (a)), 23, and 24 (to the extent provided for in section 2402 (8)) of this title.

                                                    Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar. Any payments made before February 18, 1946, to any such member under such laws conferring rights, benefits, or privileges shall not be deemed to have been invalid by reason of the circumstance that such member's service was not service in the Armed Forces or any component thereof within the meaning of any such law.

                                                  (b) Service in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 shall not be deemed to have been active military, naval, or air service for the purposes of any of the laws administered by the Secretary except—
                                                  • (1) with respect to contracts of National Service Life Insurance entered into
                                                    • (A) before May 27, 1946,

                                                    • (B) under section 620 or 621 of the National Service Life Insurance Act of 1940, or

                                                    • (C) under section 1922 of this title; and

                                                  • (2) chapters 11, 13 (except section 1312 (a)), 23, and 24 (to the extent provided for in section 2402 (8)) of this title.

                                                    Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar.

                                                  (c) In the case of benefits under subchapters II and IV of chapter 11 of this title and subchapter II of chapter 13 (except section 1312 (a)) of this title paid by reason of service described in subsection (a) or (b) to an individual residing in the United States who is a citizen of, or an alien lawfully admitted for permanent residence in, the United States, the second sentence of the applicable subsection shall not apply.

                                                  (d)
                                                  • (1) With respect to benefits under chapter 23 of this title, in the case of an individual described in paragraph (2), the second sentence of subsection (a) or (b), as otherwise applicable, shall not apply.

                                                  • (2) Paragraph (1) applies to any individual whose service is described in subsection (a) and who dies after November 1, 2000, or whose service is described in subsection (b) and who dies after the date of the enactment of the Veterans Benefits Act of 2003, if the individual, on the individual's date of death—
                                                    • (A) is a citizen of, or an alien lawfully admitted for permanent residence in, the United States;

                                                    • (B) is residing in the United States; and

                                                    • (C) either—
                                                      • (i) is receiving compensation under chapter 11 of this title; or

                                                      • (ii) if the individual's service had been deemed to be active military, naval, or air service, would have been paid pension under section 1521 of this title without denial or discontinuance by reason of section 1522 of this title.







                                                        Seven-year absence presumption of death

                                                        (a) No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.

                                                        (b) If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individual's home and family for seven or more years, and establishing that after diligent search no evidence of that individual's existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.

                                                        (c) Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.



                                                        Benefits for discharged members of allied forces

                                                        (a)
                                                        • (1) In consideration of reciprocal services extended to the United States, the Secretary, upon request of the proper officials of the government of any nation allied or associated with the United States in World War I (except any nation which was an enemy of the United States during World War II), or in World War II, may furnish to discharged members of the armed forces of such government, under agreements requiring reimbursement in cash of expenses so incurred, at such rates and under such regulations as the Secretary may prescribe, medical, surgical, and dental treatment, hospital care, transportation and traveling expenses, prosthetic appliances, education, training, or similar benefits authorized by the laws of such nation for its veterans, and services required in extending such benefits. Hospitalization in a Department facility shall not be afforded under this section, except in emergencies, unless there are available beds surplus to the needs of veterans of this country. The Secretary may also pay the court costs and other expenses incident to the proceedings taken for the commitment of such discharged members who are mentally incompetent to institutions for the care or treatment of the insane.

                                                        • (2) The Secretary, in carrying out the provisions of this subsection, may contract for necessary services in private, State, and other Government hospitals.

                                                        • (3) All amounts received by the Department as reimbursement for such services shall be credited to the current appropriation of the Department from which expenditures were made under this subsection.

                                                        (b) Persons who served in the active service in the armed forces of any government allied with the United States in World War II and who at time of entrance into such active service were citizens of the United States shall, by virtue of such service, and if otherwise qualified, be entitled to the benefits of chapters 31 and 37 of this title in the same manner and to the same extent as veterans of World War II are entitled. No such benefit shall be extended to any person who is not a resident of the United States at the time of filing claim, or to any person who has applied for and received the same or any similar benefit from the government in whose armed forces such person served.

                                                        (c)
                                                        • (1) Any person who served during World War I or World War II as a member of any armed force of the Government of Czechoslovakia or Poland and participated while so serving in armed conflict with an enemy of the United States and has been a citizen of the United States for at least ten years shall, by virtue of such service, and upon satisfactory evidence thereof, be entitled to hospital and domiciliary care and medical services within the United States under chapter 17 of this title to the same extent as if such service had been performed in the Armed Forces of the United States unless such person is entitled to, or would, upon application thereof, be entitled to, payment for equivalent care and services under a program established by the foreign government concerned for persons who served in its armed forces in World War I or World War II.

                                                        • (2) In order to assist the Secretary in making a determination of proper service eligibility under this subsection, each applicant for the benefits thereof shall furnish an authenticated certification from the French Ministry of Defense or the British War Office as to records in either such Office which clearly indicate military service of the applicant in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great Britain during the period of World War I or World War II.





                                                          Preservation of disability ratings

                                                          A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.



                                                          Payments or allowances for beneficiary travel

                                                          (a) Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage traveled, of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls.

                                                          (b)
                                                          • (1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2)(A) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible:
                                                            • (A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability.

                                                            • (B) A veteran with a service-connected disability rated at 30 percent or more.

                                                            • (C) A veteran receiving pension under section 1521 of this title.

                                                            • (D) A veteran
                                                              • (i) whose annual income (as determined under section 1503 of this title) does not exceed the maximum annual rate of pension which would be payable to such veteran if such veteran were eligible for pension under section 1521 of this title, or

                                                              • (ii) who is determined, under regulations prescribed by the Secretary, to be unable to defray the expenses of the travel for which payment under this section is claimed.

                                                            • (E) Subject to paragraph (3) of this subsection, a veteran or other person whose travel to or from a Department facility is medically required to be performed by a special mode of travel and who is determined under such regulations to be unable to defray the expenses of the travel for which payment under this section is claimed.

                                                            • (F) A veteran whose travel to a Department facility is incident to a scheduled compensation and pension examination.

                                                          • (2) The Secretary may make payments provided for in this section to or for any person not covered by paragraph (1) of this subsection for travel by such person for examination, treatment, or care. Such payments shall be made in accordance with regulations which the Secretary shall prescribe.

                                                          • (3)
                                                            • (A) Except as provided in subparagraph (B) of this paragraph, the Secretary shall not make payments under this section for travel performed by a special mode of travel unless
                                                              • (i) the travel by such mode is medically required and is authorized by the Secretary before the travel begins, or

                                                              • (ii) the travel by such mode is in connection with a medical emergency of such a nature that the delay incident to obtaining authorization from the Secretary to use that mode of travel would have been hazardous to the person's life or health.

                                                            • (B) In the case of travel by a person to or from a Department facility by special mode of travel, the Secretary may provide payment under this section to the provider of the transportation by special mode before determining the eligibility of such person for such payment if the Secretary determines that providing such payment is in the best interest of furnishing care and services. Such a payment shall be made subject to subsequently recovering from such person the amount of the payment if such person is determined to have been ineligible for payment for such travel.

                                                          (c)
                                                          • (1) Except as otherwise provided in this subsection, the Secretary, in making a payment under this section to or for a person described in subparagraph (A), (B), (C), or (D) of subsection (b)(1) of this section for travel for examination, treatment, or care, shall deduct from the amount otherwise payable an amount equal to $3 for each one-way trip.

                                                          • (2) In the case of a person who is determined by the Secretary to be a person who is required to make six or more one-way trips for needed examination, treatment, or care during the remainder of the calendar month in which the determination is made or during any subsequent calendar month during the one-year period following the last day of the month in which the determination is made, the amount deducted by the Secretary pursuant to paragraph (1) of this subsection from payments for trips made to or from such facility during any such month shall not exceed $18.

                                                          • (3) No deduction shall be made pursuant to paragraph (1) of this subsection in the case of a person whose travel to or from a Department facility is performed by a special mode of travel for which payment under this section is authorized under subsection (b)(3) of this section.

                                                          • (4) The Secretary may waive the deduction requirement of paragraph (1) of this subsection in the case of the travel of any veteran for whom the imposition of the deduction would cause severe financial hardship. The Secretary shall prescribe in regulations the conditions under which a finding of severe financial hardship is warranted for purposes of this paragraph.

                                                          (d) Payment of the following expenses or allowances in connection with vocational rehabilitation, counseling, or upon termination of examination, treatment, or care, may be made before the completion of travel:
                                                          • (1) The mileage allowance authorized by subsection (a) of this section.

                                                          • (2) Actual local travel expenses.

                                                          • (3) The expense of hiring an automobile or ambulance, or the fee authorized for the services of a nonemployee attendant.

                                                          (e) When any person entitled to mileage under this section requires an attendant (other than an employee of the Department) in order to perform such travel, the attendant may be allowed expenses of travel upon the same basis as such person.

                                                          (f) The Secretary may provide for the purchase of printed reduced-fare requests for use by veterans and their authorized attendants when traveling at their own expense to or from any Department facility.

                                                          (g)
                                                          • (1) Subject to paragraph (3), in determining the amount of allowances or reimbursement to be paid under this section, the Secretary shall use the mileage reimbursement rate for the use of privately owned vehicles by Government employees on official business (when a Government vehicle is available), as prescribed by the Administrator of General Services under section 5707 (b) of title 5.

                                                          • (2) In no event shall payment be provided under this section—
                                                            • (A) unless the person claiming reimbursement has been determined, pursuant to regulations which the Secretary shall prescribe, to be unable to defray the expenses of such travel (except with respect to a person receiving benefits for or in connection with a service-connected disability under this title, a veteran receiving or eligible to receive pension under section 1521 of this title, or a person whose annual income, determined in accordance with section 1503 of this title, does not exceed the maximum annual rate of pension which would be payable to such person if such person were eligible for pension under section 1521 of this title);

                                                            • (B) to reimburse for the cost of travel by privately owned vehicle in any amount in excess of the cost of such travel by public transportation unless
                                                              • (i) public transportation is not reasonably accessible or would be medically inadvisable, or

                                                              • (ii) the cost of such travel is not greater than the cost of public transportation; and

                                                            • (C) in excess of the actual expense incurred by such person as certified in writing by such person.

                                                          • (3) Subject to the availability of appropriations, the Secretary may modify the amount of allowances or reimbursement to be paid under this section using a mileage reimbursement rate in excess of that prescribed under paragraph (1).

                                                          (h) The Secretary, in consultation and coordination with the Secretary of Transportation and appropriate representatives of veterans' service organizations, shall take all appropriate steps to facilitate the establishment and maintenance of a program under which such organizations, or individuals who are volunteering their services to the Department, would take responsibility for the transportation, without reimbursement from the Department, to Department facilities of veterans (primarily those residing in areas which are geographically accessible to such facilities) who seek services or benefits from the Department under chapter 17 or other provisions of this title.



                                                          Presidential memorial certificate program

                                                          (a) At the request of the President the Secretary may conduct a program for honoring the memory of deceased veterans, discharged under honorable conditions, by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the country's grateful recognition of the veteran's service in the Armed Forces. The award of a certificate to one eligible recipient will not preclude authorization of another certificate if a request is received from some other eligible recipient.

                                                          (b) For the purpose of this section an "eligible recipient" means the next of kin, a relative or friend upon request, or an authorized service representative acting on behalf of such relative or friend.

                                                          (c) A certificate may not be furnished under the program under subsection (a) on behalf of a deceased person described in section 2411 (b) of this title.



                                                          Treatment of certain programs under sequestration procedures

                                                          (a) The following programs shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending:
                                                          • (1) Benefits under chapter 21 of this title, relating to specially adapted housing and mortgage-protection life insurance for certain veterans with service-connected disabilities.

                                                          • (2) Benefits under section 2307 of this title, relating to burial benefits for veterans who die as the result of a service-connected disability.

                                                          • (3) Benefits under chapter 39 of this title, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces.

                                                          • (4) Assistance and services under chapter 31 of this title, relating to training and rehabilitation for certain veterans with service-connected disabilities.

                                                          • (5) Benefits under chapter 35 of this title, relating to educational assistance for survivors and dependents of certain veterans with service-connected disabilities.

                                                          • (6) Benefits under subchapters I, II, and III of chapter 37 of this title, relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans.

                                                          (b) The following accounts of the Department shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending:
                                                          • (1) The following life insurance accounts:
                                                            • (A) The National Service Life Insurance Fund authorized by section 1920 of this title.

                                                            • (B) The Service-Disabled Veterans Insurance Fund authorized by section 1922 of this title.

                                                            • (C) The Veterans Special Life Insurance Fund authorized by section 1923 of this title.

                                                            • (D) The Veterans Reopened Insurance Fund authorized by section 1925 of this title.

                                                            • (E) The United States Government Life Insurance Fund authorized by section 1955 of this title.

                                                            • (F) The Veterans Insurance and Indemnity appropriation authorized by section 1919 of this title.

                                                          • (2) The following revolving fund accounts:
                                                            • (A) The Department of Veterans Affairs Special Therapeutic and Rehabilitation Activities Fund established by section 1718 (c) of this title.

                                                            • (B) The Veterans' Canteen Service revolving fund authorized by section 7804 of this title.

                                                          (c)
                                                          • (1) A benefit under section 2301, 2302, 2303, 2306, or 2308 of this title that is subject to reduction under a sequestration order or sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect on the date of the death of the veteran concerned.

                                                          • (2) A benefit paid to, or on behalf of, an eligible veteran for pursuit of a program of education or training under chapter 30, 31, 34, 35, or 36 of this title that is subject to a sequestration order or a sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect during the period of education or training for which the benefit is paid.

                                                          • (3) In implementation of a sequestration order or law with respect to each account from which a benefit described in paragraph (1) or (2) of this subsection is paid (including the making of determinations of the amounts by which such benefits are to be reduced), the total of the amounts (as estimated by the Secretary after consultation with the Director of the Congressional Budget Office) by which payments of such benefit will be reduced by reason of such paragraph after the last day of the period during which such order or law is in effect shall be deemed to be additional reductions in the payments of such benefit made, and in new budget authority for such payments, during such period.

                                                          (d) In computing the amount of new budget authority by which a budget account of the Department is to be reduced for a fiscal year under a report of the Director of the Office of Management and Budget, or under an order of the President under part C of the Balanced Budget and Emergency Deficit Control Act of 1985, the base from which the amount of the reduction for such account is determined shall be established without regard to any amount of new budget authority in such account (determined under section 251(a)(6) of such Act) for any of the programs listed in subsection (a) of this section.

                                                          (e) This section applies without regard to any other provision of law (whether enacted before, on, or after the date of the enactment of this section) unless such Act expressly provides that it is enacted as a limitation to this section.

                                                          (f) For the purposes of this section:
                                                          • (1) The term "sequestration" means a reduction in spending authority and loan guarantee commitments generally throughout the Government under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law.

                                                          • (2) The term "sequestration law" means a law enacted with respect to a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law (under the procedures specified in that Act or otherwise).

                                                          • (3) The term "sequestration order" means an order of the President issued under part C of such Act.