[House Prints, 112th Congress]
[From the U.S. Government Printing Office]
1st Session HOUSE COMMITTEE PRINT NO. 3
TITLE 38--UNITED STATES CODE VETERANS' BENEFITS
As Amended Through P.L. 112-7, Enacted March 31, 2011
SERVICEMEMBERS CIVIL RELIEF ACT
As Amended Through P.L. 112-7, Enacted March 31, 2011
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13
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May 2, 2011.--Printed for the use of the Committee on Veterans' Affairs
of the House of Representatives1 2 HOUSE COMMITTEE PRINT NO. 3"112TH
CONGRESS 1st Session U.S. GOVERNMENT PRINTING OFFICE WASHINGTON
:65875 2011 TITLE 38UNITED STATES CODE VETERANS
BENEFITS AS AMENDED THROUGH P.L. 112-7, Enacted March 31, 2011 AND THE
SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED THROUGH P.L. 112-7, Enacted
March 31, 2011 MAY 2, 2011.Printed for the use of the Committee on
Veterans Affairs of the House of Representatives TITLE
38UNITED STATES CODE, VETERANS BENEFITSSERVICEMEMBERS
CIVIL RELIEF ACT2011 1 HOUSE COMMITTEE PRINT NO. 3"112TH CONGRESS
1st Session U.S. GOVERNMENT PRINTING OFFICE WASHINGTON :65875
2011 TITLE 38UNITED STATES CODE VETERANS BENEFITS AS
AMENDED THROUGH P.L. 112-7, Enacted March 31, 2011 AND THE
SERVICEMEMBERS CIVIL RELIEF ACT AS AMENDED THROUGH P.L. 112-7, Enacted
March 31, 2011 MAY 2, 2011.Printed for the use of the Committee on
Veterans Affairs of the House of Representatives For sale by
the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 5121800; DC
area (202) 5121800 Fax: (202) 5122104 Mail: Stop
IDCC, Washington, DC 204020001 COMMITTEE ON VETERANS
AFFAIRS JEFF MILLER, Florida, Chairman CLIFF STEARNS, Florida BOB
FILNER, California, Ranking DOUG LAMBORN, Colorado CORRINE BROWN,
Florida GUS BILIRAKIS, Florida SILVESTRE REYES, Texas DAVID P. ROE,
Tennessee MICHAEL H. MICHAUD, Maine MARLIN A. STUTZMAN, Indiana LINDA
T. SA4 NCHEZ, California BILL FLORES, Ohio BRUCE L. BRALEY, Iowa BILL
JOHNSON, Ohio JERRY MCNERNEY, California JEFF DENHAM, California JOE
DONNELLY, Indiana JON RUNYAN, New Jersey TIMOTHY J. WALZ, Minnesota DAN
BENISHEK, Michigan JOHN BARROW, Georgia ANN MARIE BUERKLE, New York
RUSS CARNAHAN, Missouri TIM HUELSKAMP, Kansas Vacancy Vacancy HELEN W.
TOLAR, Staff Director and Chief Counsel (II) TITLE 38, UNITED STATES
CODE VETERANS BENEFITS [AS AMENDED THROUGH P.L. 112-7,
ENACTED MARCH 31, 2011] HOW TO FIND SUBSEQUENT AMENDMENTS For changes
after the closing date of this document (March 31, 2011) to any section
of title 38, United States Code, see the United States Code
Classification Tables published by the Office of the Law Revision
Counsel of the House of Representatives at http://uscode.house.gov/
classification/tables.shtml (ii) TITLE 38VETERANS
BENEFITS [This table of parts and chapters and the following table of
sections are notpart of the statutory text of title 38 and are included
for the convenience of the reader.] PARTS OF TITLE 38 PART I. GENERAL
PROVISIONS. II. GENERAL BENEFITS. III. READJUSTMENT AND RELATED
BENEFITS. IV. GENERAL ADMINISTRATIVE PROVISIONS. V. BOARDS,
ADMINISTRATIONS, AND SERVICES. VI. ACQUISITION AND DISPOSITION OF
PROPERTY. CHAPTERS OF TITLE 38 PART IGENERAL PROVISIONS CHAPTER 1.
GENERAL. 3. DEPARTMENT OF VETERANS AFFAIRS. 5. AUTHORITY AND DUTIES OF
THE SECRETARY. 7. EMPLOYEES. 9. SECURITY AND LAW ENFORCEMENT ON
PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT. PART IIGENERAL
BENEFITS CHAPTER 11. COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR
DEATH. 13. DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED
DEATHS. 15. PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR
FOR SERVICE. 17. HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE.
18. BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER
VETERANS. 19. INSURANCE. 20. BENEFITS FOR HOMELESS VETERANS. 21.
SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS. 23. BURIAL BENEFITS.
24. NATIONAL CEMETERIES AND MEMORIALS. (iii) PART IIIREADJUSTMENT
AND RELATED BENEFITS CHAPTER 30. ALL-VOLUNTEER FORCE EDUCATIONAL
ASSISTANCE PROGRAM. 31. TRAINING AND REHABILITATION FOR VETERANS WITH
SERVICE-CONNECTED DISABILITIES. 32. POST-VIETNAM ERA VETERANS
EDUCATIONAL ASSISTANCE. 33. POST-9/11 EDUCATIONAL ASSISTANCE. 34.
VETERANS EDUCATIONAL ASSISTANCE. 35. SURVIVORS AND
DEPENDENTS EDUCATIONAL ASSISTANCE. 36. ADMINISTRATION OF
EDUCATIONAL BENEFITS. 37. HOUSING AND SMALL BUSINESS LOANS. 39.
AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS AND
MEMBERS OF THE ARMED FORCES. 41. JOB COUNSELING, TRAINING, AND
PLACEMENT SERVICE FOR VETERANS. 42. EMPLOYMENT AND TRAINING OF
VETERANS. 43. EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES. PART IVGENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 51. CLAIMS, EFFECTIVE DATES, AND PAYMENTS. 53. SPECIAL
PROVISIONS RELATING TO BENEFITS. 55. MINORS, INCOMPETENTS, AND OTHER
WARDS. 57. RECORDS AND INVESTIGATIONS. 59. AGENTS AND ATTORNEYS. 61.
PENAL AND FORFEITURE PROVISIONS. 63. OUTREACH ACTIVITIES. PART
VBOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 71. BOARD OF
VETERANS APPEALS. 72. UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS. 73. VETERANS HEALTH ADMINISTRATION - ORGANIZATION AND
FUNCTIONS. 74. VETERANS HEALTH ADMINISTRATION - PERSONNEL. 75. VISUAL
IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS EDUCATIONAL
ASSISTANCE PROGRAM. 76. HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE
PROGRAM. 77. VETERANS BENEFITS ADMINISTRATION. 78. VETERANS
CANTEEN SERVICE. 79. INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAM.
PART VIACQUISITION AND DISPOSITION OF PROPERTY CHAPTER 81.
ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES;
PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY. 82.
ASSISTANCE IN ESTABLISHING NEW STATE MEDICAL SCHOOLS; GRANTS TO
AFFILIATED MEDICAL SCHOOLS; ASSISTANCE TO HEALTH MANPOWER TRAINING
INSTITUTIONS. 83. ACCEPTANCE OF GIFTS AND BEQUESTS. 85. DISPOSITION OF
DECEASED VETERANS PERSONAL PROPERTY. SECTIONS OF TITLE 38
TITLE 38VETERANS BENEFITS PART IGENERAL PROVISIONS
CHAPTER 1GENERAL Sec. 101. Definitions. 102. Dependent parents.
103. Special provisions relating to marriages. 104. Approval of
educational institutions. 105. Line of duty and misconduct. 106.
Certain service deemed to be active service. 107. Certain service
deemed not to be active service. 108. Seven-year absence presumption of
death. 109. Benefits for discharged members of allied forces. 110.
Preservation of disability ratings. 111. Payments or allowances for
beneficiary travel. 112. Presidential memorial certificate program.
113. Treatment of certain programs under sequestration procedures. 114.
Multiyear procurement. 115. Acquisition of real property. 116. Reports
to Congress: cost information. 117. Advance appropriations for certain
medical care accounts. 118. Submission of reports to Congress in
electronic form. CHAPTER 3DEPARTMENT OF VETERANS AFFAIRS Sec. 301.
Department. 302. Seal. 303. Secretary of Veterans Affairs. 304. Deputy
Secretary of Veterans Affairs. 305. Under Secretary for Health. 306.
Under Secretary for Benefits. 307. Under Secretary for Memorial
Affairs. 308. Assistant Secretaries; Deputy Assistant Secretaries. 309.
Chief Financial Officer. 310. Chief Information Officer. 311. General
Counsel. 312. Inspector General. 312A. Director of Construction and
Facilities Management. 313. Availability of appropriations. 314.
Central Office. 315. Regional offices. 316. Colocation of regional
offices and medical centers. 317. Center for Minority Veterans. 318.
Center for Women Veterans. 319. Office of Employment Discrimination
Complaint Adjudication. 320. Department of Veterans Affairs-Department
of Defense Joint Executive Committee. 321. Office of Survivors
Assistance. 322. Office of National Veterans Sports Programs and
Special Events. (v) CHAPTER 5AUTHORITY AND DUTIES OF THE SECRETARY
SUBCHAPTER IGENERAL AUTHORITIES Sec. 501. Rules and regulations.
502. Judicial review of rules and regulations. 503. Administrative
error; equitable relief. 505. Opinions of Attorney General. 510.
Authority to reorganize offices. 511. Decisions of the Secretary;
finality. 512. Delegation of authority; assignment of functions and
duties. 513. Contracts and personal services. 515. Administrative
settlement of tort claims. 516. Equal employment responsibilities.
SUBCHAPTER IISPECIFIED FUNCTIONS Sec. 521. Assistance to certain
rehabilitation activities. 521A. Assistance for United States
Paralympics, Inc. 522. Studies of rehabilitation of disabled persons.
523. Coordination and promotion of other programs affecting veterans
and their dependents. 525. Publication of laws relating to veterans.
527. Evaluation and data collection. 529. Annual report to Congress.
530. Annual report on program and expenditures for domestic response to
weapons of mass destruction. 531. Requirement relating to naming of
Department property. 532. Authority to advertise in national media.
SUBCHAPTER IIIADVISORY COMMITTEES Sec. 541. Advisory Committee on
Former Prisoners of War. 542. Advisory Committee on Women Veterans.
543. Advisory Committee on Prosthetics and Special-Disabilities
Programs. 544. Advisory Committee on Minority Veterans. 545. Advisory
Committee on the Readjustment of Veterans. 546. Advisory Committee on
Disability Compensation. CHAPTER 7EMPLOYEES Sec. 701. Placement of
employees in military installations. 703. Miscellaneous authorities
respecting employees. 705. Telephone service for medical officers and
facility directors. 707. Benefits for employees at overseas offices who
are United States citizens. 709. Employment restrictions. 711. Grade
reductions. [712. Repealed.]. CHAPTER 9SECURITY AND LAW
ENFORCEMENT ON PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT Sec.
901. Authority to prescribe rules for conduct and penalties for
violations. 902. Enforcement and arrest authority of Department police
officers. 903. Uniform allowance. 904. Equipment and weapons. 905. Use
of facilities and services of other law enforcement agencies. PART
IIGENERAL BENEFITS CHAPTER 11COMPENSATION FOR SERVICE-
CONNECTED DISABILITY OR DEATH SUBCHAPTER IGENERAL Sec. 1101.
Definitions. 1102. Special provisions relating to surviving spouses.
1103. Special provisions relating to claims based upon effects of
tobacco products. 1104. Cost-of-living adjustments. SUBCHAPTER
IIWARTIME DISABILITY COMPENSATION Sec. 1110. Basic entitlement.
1111. Presumption of sound condition. 1112. Presumptions relating to
certain diseases and disabilities. 1113. Presumptions rebuttable. 1114.
Rates of wartime disability compensation. 1115. Additional compensation
for dependents. 1116. Presumptions of service connection for diseases
associated with exposure to certain herbicide agents; presumption of
exposure for veterans who served in the Republic of Vietnam. 1117.
Compensation for disabilities occurring in Persian Gulf War veterans.
1118. Presumptions of service connection for illnesses associated with
service in the Persian Gulf during the Persian Gulf War. SUBCHAPTER
IIIWARTIME DEATH COMPENSATION Sec. 1121. Basic entitlement. 1122.
Rates of wartime death compensation. SUBCHAPTER IVPEACETIME
DISABILITY COMPENSATION Sec. 1131. Basic entitlement. 1132. Presumption
of sound condition. 1133. Presumptions relating to certain diseases.
1134. Rates of peacetime disability compensation. 1135. Additional
compensation for dependents. [1136. Vacant]. 1137. Wartime presumptions
for certain veterans. SUBCHAPTER VPEACETIME DEATH COMPENSATION
Sec. 1141. Basic entitlement. 1142. Rates of peacetime death
compensation. [1143. Vacant]. SUBCHAPTER VIGENERAL COMPENSATION
PROVISIONS Sec. 1151. Benefits for persons disabled by treatment or
vocational rehabilitation. 1152. Persons heretofore having a
compensable status. 1153. Aggravation. 1154. Consideration to be
accorded time, place, and circumstances of service. 1155. Authority for
schedule for rating disabilities. 1156. Temporary disability ratings.
1157. Combination of certain ratings. 1158. Disappearance. 1159.
Protection of service connection. 1160. Special consideration for
certain cases of loss of paired organs or extremities. 1161. Payment of
disability compensation in disability severance cases. 1162. Clothing
allowance. 1163. Trial work periods and vocational rehabilitation for
certain veterans with total disability ratings. CHAPTER
13DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED
DEATHS SUBCHAPTER IGENERAL Sec. 1301. Definitions. 1302.
Determination of pay grade. 1303. Cost-of-living adjustments. 1304.
Special provisions relating to surviving spouses. SUBCHAPTER
IIDEPENDENCY AND INDEMNITY COMPENSATION Sec. 1310. Deaths
entitling survivors to dependency and indemnity compensation. 1311.
Dependency and indemnity compensation to a surviving spouse. 1312.
Benefits in certain cases of in-service or service-connected deaths.
1313. Dependency and indemnity compensation to children. 1314.
Supplemental dependency and indemnity compensation to children. 1315.
Dependency and indemnity compensation to parents. 1316. Dependency and
indemnity compensation in cases of prior deaths. 1317. Restriction on
payments under this chapter. 1318. Benefits for survivors of certain
veterans rated totally disabled at time of death. SUBCHAPTER
IIICERTIFICATIONS Sec. 1321. Certifications with respect to pay
grade. 1322. Certifications with respect to social security
entitlement. 1323. Certifications with respect to circumstances of
death. CHAPTER 15PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR
DEATH OR FOR SERVICE SUBCHAPTER IGENERAL Sec. 1501. Definitions.
1502. Determinations with respect to disability. 1503. Determinations
with respect to annual income. 1504. Persons heretofore having a
pensionable status. 1505. Payment of pension during confinement in
penal institutions. 1506. Resource reports and overpayment adjustments.
1507. Disappearance. 1508. Frequency of payment of pension benefits.
SUBCHAPTER IIVETERANS PENSIONS Sec. [1510. Vacant]. 1511.
Indian War veterans. 1512. Spanish-American War veterans. 1513.
Veterans 65 years of age and older. 1521. Veterans of a period of war.
1522. Net worth limitation. 1523. Combination of ratings. 1524.
Vocational training for certain pension recipients. 1525. Protection of
health-care eligibility. SUBCHAPTER IIIPENSIONS TO SURVIVING
SPOUSES AND CHILDREN Sec. [1531. Vacant]. 1532. Surviving spouses of
Civil War veterans. 1533. Children of Civil War veterans. 1534.
Surviving spouses of Indian War veterans. 1535. Children of Indian War
veterans. 1536. Surviving spouses of Spanish-American War veterans.
1537. Children of Spanish-American War veterans. 1541. Surviving
spouses of veterans of a period of war. 1542. Children of veterans of a
period of war. 1543. Net worth limitation. [1544. Vacant]. SUBCHAPTER
IVARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF HONOR ROLL Sec.
1560. Medal of Honor Roll; persons eligible. 1561. Certificate. 1562.
Special provisions relating to pension. CHAPTER 17HOSPITAL,
NURSING HOME, DOMICILIARY, AND MEDICAL CARE SUBCHAPTER IGENERAL
Sec. 1701. Definitions. 1702. Presumptions: psychosis after service in
World War II and following periods of war; mental illness after service
in the Persian Gulf War. 1703. Contracts for hospital care and medical
services in non-Department facilities. 1704. Preventive health
services: annual report. 1705. Management of health care: patient
enrollment system. 1706. Management of health care: other requirements.
1707. Limitations. 1708. Temporary lodging. SUBCHAPTER IIHOSPITAL,
NURSING HOME, OR DOMICILIARY CARE AND MEDICAL TREATMENT Sec. 1710.
Eligibility for hospital, nursing home, and domiciliary care. 1710A.
Required nursing home care. 1710B. Extended care services. 1710C.
Traumatic brain injury: plans for rehabilitation and reintegration into
the community. 1710D. Traumatic brain injury: comprehensive program for
long- term rehabilitation. 1710E. Traumatic brain injury: use of non-
Department facilities for rehabilitation. 1711. Care during
examinations and in emergencies. 1712. Dental care; drugs and medicines
for certain disabled veterans; vaccines. 1712A. Eligibility for
readjustment counseling and related mental health services. 1712B.
Counseling for former prisoners of war. [1713. Renumbered 1781 ]. 1714.
Fitting and training in use of prosthetic appliances; guide dogs;
service dogs. 1715. Tobacco for hospitalized veterans. 1716. Hospital
care by other agencies of the United States. 1717. Home health
services; invalid lifts and other devices. 1718. Therapeutic and
rehabilitative activities. 1719. Repair or replacement of certain
prosthetic and other appliances. 1720. Transfers for nursing home care;
adult day health care. 1720A. Treatment and rehabilitative services for
persons with drug or alcohol dependency. 1720B. Respite care. 1720C.
Noninstitutional alternatives to nursing home care. 1720D. Counseling
and treatment for sexual trauma. 1720E. Nasopharyngeal radium
irradiation. 1720F. Comprehensive program for suicide prevention among
veterans. 1720G. Assistance and support services for caregivers.
SUBCHAPTER IIIMISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND
NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS Sec. 1721. Power to
make rules and regulations. 1722. Determination of inability to defray
necessary expenses; income thresholds. 1722A. Copayment for
medications. 1723. Furnishing of clothing. 1724. Hospital care, medical
services, and nursing home care abroad. 1725. Reimbursement for
emergency treatment. 1726. Reimbursement for loss of personal effects
by natural disaster. 1727. Persons eligible under prior law. 1728.
Reimbursement of certain medical expenses. 1729. Recovery by the United
States of the cost of certain care and services. 1729A. Department of
Veterans Affairs Medical Care Collections Fund. 1729B. Consolidated
patient accounting centers. 1730. Community residential care. 1730A.
Prohibition on collection of copayments from catastrophically disabled
veterans. SUBCHAPTER IVHOSPITAL CARE AND MEDICAL TREATMENT FOR
VETERANS IN THE REPUBLIC OF THE PHILIPPINES Sec. 1731. Assistance to
the Republic of the Philippines. 1732. Contracts and grants to provide
for the care and treatment of United States veterans by the Veterans
Memorial Medical Center. 1733. Supervision of program by the President.
1734. Hospital and nursing home care and medical services in the United
States. 1735. Definitions. SUBCHAPTER VPAYMENTS TO STATE HOMES
Sec. 1741. Criteria for payment. 1742. Inspections of such homes;
restrictions on beneficiaries. 1743. Applications. 1744. Hiring and
retention of nurses: payments to assist States. 1745. Nursing home care
and medications for veterans with service-connected disabilities.
SUBCHAPTER VISICKLE CELL ANEMIA Sec. 1751. Screening, counseling,
and medical treatment. 1752. Research. 1753. Voluntary participation;
confidentiality. 1754. Reports. SUBCHAPTER VIITRANSFERRED Sec.
[1771 to 1774. Renumbered Secs. 2031 to 2034]. SUBCHAPTER
VIIIHEALTH CARE OF PERSONS OTHER THAN VETERANS Sec. 1781. Medical
care for survivors and dependents of certain veterans. 1782.
Counseling, training, and mental health services for immediate family
members and care-givers. 1783. Bereavement counseling. 1784.
Humanitarian care. 1785. Care and services during certain disasters and
emergencies. 1786. Care for newborn children of women veterans
receiving maternity care. CHAPTER 18BENEFITS FOR CHILDREN OF
VIETNAM VETERANS AND CERTAIN OTHER VETERANS Sec. [1801. Repealed.].
SUBCHAPTER ICHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA
Sec. 1802. Spina bifida conditions covered. 1803. Health care. 1804.
Vocational training and rehabilitation. 1805. Monetary allowance.
[1806. Repealed.]. SUBCHAPTER IICHILDREN OF WOMEN VIETNAM VETERANS
BORN WITH CERTAIN BIRTH DEFECTS Sec. 1811. Definitions. 1812. Covered
birth defects. 1813. Health care. 1814. Vocational training. 1815.
Monetary allowance. 1816. Regulations. SUBCHAPTER IIICHILDREN OF
CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA BIFIDA Sec. 1821.
Benefits for children of certain Korea service veterans born with spina
bifida. SUBCHAPTER IVGENERAL PROVISIONS Sec. 1831. Definitions.
1832. Applicability of certain administrative provisions. 1833.
Treatment of receipt of monetary allowance and other benefits. 1834.
Nonduplication of benefits. CHAPTER 19INSURANCE SUBCHAPTER
INATIONAL SERVICE LIFE INSURANCE Sec. 1901. Definitions. 1902.
Premium rates and policy values. 1903. Amount of insurance. 1904. Plans
of insurance. 1905. Renewal. 1906. Policy provisions. 1907. Payment or
use of dividends. 1908. Premium payments. 1909. Effective date of
insurance. 1910. Incontestability. 1911. Forfeiture. 1912. Total
disability waiver. 1913. Death before six months total
disability. 1914. Statutory total disabilities. 1915. Total disability
income provision. 1916. Insurance which matured before August 1, 1946.
1917. Insurance maturing on or after August 1, 1946. 1918. Assignments.
1919. National Service Life Insurance appropriation. 1920. National
Service Life Insurance Fund. 1921. Extra hazard costs. 1922. Service
disabled veterans insurance. 1922A. Supplemental service
disabled veterans insurance for totally disabled veterans.
1923. Veterans Special Life Insurance. 1924. In-service waiver
of premiums. 1925. Limited period for acquiring insurance. 1926.
Authority for higher interest rates for amounts payable to
beneficiaries. 1927. Authority for higher monthly installments payable
to certain annuitants. 1928. Authority for payment of interest on
settlements. 1929. Authority to adjust premium discount rates.
SUBCHAPTER IIUNITED STATES GOVERNMENT LIFE INSURANCE Sec. 1940.
Definition. 1941. Amount of insurance. 1942. Plans of insurance. 1943.
Premiums. 1944. Policy provisions. 1945. Renewal. 1946. Dividends to
pay premiums. 1947. Incontestability. 1948. Total disability provision.
1949. Change of beneficiary. 1950. Payment to estates. 1951. Payment of
insurance. 1952. Optional settlement. 1953. Assignments. 1954.
Forfeiture. 1955. United States Government Life Insurance Fund. 1956.
Military and naval insurance appropriation. 1957. Extra hazard costs.
1958. Statutory total permanent disability. 1959. Waiver of disability
for reinstatement. 1960. Waiver of premium payments on due date. 1961.
Authority for higher interest rates for amounts payable to
beneficiaries. 1962. Authority for higher monthly installments payable
to certain annuitants. 1963. Authority for payment of interest on
settlements. SUBCHAPTER IIISERVICEMEMBERS GROUP LIFE
INSURANCE Sec. 1965. Definitions. 1966. Eligible insurance companies.
1967. Persons insured; amount. 1968. Duration and termination of
coverage; conversion.1969. Deductions; payment; investment; expenses.
1970. Beneficiaries; payment of insurance. 1971. Basic tables of
premiums; readjustment of rates. 1972. Benefit certificates. 1973.
Forfeiture. 1974. Advisory Council on Servicemembers Group
Life Insurance.1975. Jurisdiction of District Courts. 1976. Effective
date. 1977. Veterans Group Life Insurance. 1978.
Reinstatement. 1979. Incontestability. 1980. Option to receive
accelerated death benefit.1980A. Traumatic injury protection.
SUBCHAPTER IVGENERAL Sec. 1981. Replacement of surrendered and
expired insurance. 1982. Administrative cost. 1983. Settlements for
minors or incompetents. 1984. Suits on insurance. 1985. Decisions by
the Secretary. 1986. Deposits in and disbursements from trust funds.
1987. Penalties. 1988. Savings provision. CHAPTER 20BENEFITS FOR
HOMELESS VETERANS SUBCHAPTER IPURPOSE; DEFINITIONS; ADMINISTRATIVE
MATTERS Sec. 2001. Purpose. 2002. Definitions. 2003. Staffing
requirements. SUBCHAPTER IICOMPREHENSIVE SERVICE PROGRAMS Sec.
2011. Grants. 2012. Per diem payments. 2013. Authorization of
appropriations. SUBCHAPTER IIITRAINING AND OUTREACH Sec. 2021.
Homeless veterans reintegration programs. 2021A. Homeless women
veterans and homeless veterans with children reintegration grant
program. 2022. Coordination of outreach services for veterans at risk
of homelessness. 2023. Referral and counseling services: veterans at
risk of homelessness who are transitioning from certain institutions.
SUBCHAPTER IVTREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY
ILL AND HOMELESS VETERANS Sec. 2031. General treatment. 2032.
Therapeutic housing. 2033. Additional services at certain locations.
2034. Coordination with other agencies and organizations. SUBCHAPTER
VHOUSING ASSISTANCE Sec. 2041. Housing assistance for homeless
veterans. 2042. Supported housing for veterans participating in
compensated work therapies. 2043. Domiciliary care programs. 2044.
Financial assistance for supportive services for very low-income
veteran families in permanent housing. SUBCHAPTER VILOAN GUARANTEE
FOR MULTIFAMILY TRANSITIONAL HOUSING Sec. 2051. General authority.
2052. Requirements. 2053. Default. 2054. Audit. SUBCHAPTER
VIIOTHER PROVISIONS Sec. 2061. Grant program for homeless veterans
with special needs. 2062. Dental care. 2063. Employment assistance.
2064. Technical assistance grants for nonprofit community-based groups.
2065. Annual report on assistance to homeless veterans. 2066. Advisory
Committee on Homeless Veterans. CHAPTER 21SPECIALLY ADAPTED
HOUSING FOR DISABLED VETERANS Sec. 2101. Acquisition and adaptation of
housing: eligible veterans. 2101A. Eligibility for benefits and
assistance: members of the Armed Forces with service-connected
disabilities; individuals residing outside the United States. 2102.
Limitations on assistance furnished. 2102A. Assistance for individuals
residing temporarily in housing owned by a family member. 2103.
Furnishing of plans and specifications. 2104. Benefits additional to
benefits under other laws. 2105. Nonliability of United States. 2106.
Veterans mortgage life insurance. 2107. Coordination of
administration of benefits. 2108. Specially adapted housing assistive
technology grant program. CHAPTER 23BURIAL BENEFITS Sec. 2301.
Flags. 2302. Funeral expenses. 2303. Death in Department facility; plot
allowance. 2304. Claims for reimbursement. 2305. Persons eligible under
prior law. 2306. Headstones, markers, and burial receptacles. 2307.
Death from service-connected disability. 2308. Transportation of
deceased veteran to a national cemetery. CHAPTER 24NATIONAL
CEMETERIES AND MEMORIALS Sec. 2400. Establishment of National Cemetery
Administration; composition of Administration. 2401. Advisory Committee
on Cemeteries and Memorials. 2402. Persons eligible for interment in
national cemeteries. 2403. Memorial areas. 2404. Administration. 2405.
Disposition of inactive cemeteries. 2406. Acquisition of lands. 2407.
Authority to accept and maintain suitable memorials. 2408. Aid to
States for establishment, expansion, and improvement of
veterans cemeteries. 2409. Memorial areas in Arlington
National Cemetery. 2410. Burial of cremated remains in Arlington
National Cemetery. 2411. Prohibition against interment or
memorialization in the National Cemetery Administration or Arlington
National Cemetery of persons committing Federal or State capital
crimes. 2412. Lease of land and buildings. 2413. Prohibition on certain
demonstrations at cemeteries under control of the National Cemetery
Administration and at Arlington National Cemetery. PART
IIIREADJUSTMENT AND RELATED BENEFITS CHAPTER 30ALL-VOLUNTEER
FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER IPURPOSES;
DEFINITIONS Sec. 3001. Purposes. 3002. Definitions. SUBCHAPTER
IIBASIC EDUCATIONAL ASSISTANCE Sec. 3011. Basic educational
assistance entitlement for service on active duty. 3012. Basic
educational assistance entitlement for service in the Selected Reserve.
3013. Duration of basic educational assistance. 3014. Payment of basic
educational assistance. 3014A. Accelerated payment of basic educational
assistance for education leading to employment in high technology
occupation in high technology industry. 3015. Amount of basic
educational assistance. 3016. Inservice enrollment in a program of
education. 3017. Death benefit. 3018. Opportunity for certain active-
duty personnel to withdraw election not to enroll. 3018A. Opportunity
for certain active-duty personnel to enroll before being involuntarily
separated from service. 3018B. Opportunity for certain persons to
enroll. 3018C. Opportunity for certain VEAP participants to enroll.
3019. Tutorial assistance. 3020. Authority to transfer unused education
benefits to family members for career service members. SUBCHAPTER
IIISUPPLEMENTAL EDUCATIONAL ASSISTANCE Sec. 3021. Supplemental
educational assistance for additional service. 3022. Amount of
supplemental educational assistance. 3023. Payment of supplemental
educational assistance under this subchapter. SUBCHAPTER IVTIME
LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND
ADMINISTRATIVE PROVISIONS Sec. 3031. Time limitation for use of
eligibility and entitlement. 3032. Limitations on educational
assistance for certain individuals. 3033. Bar to duplication of
educational assistance benefits. 3034. Program administration. 3035.
Allocation of administration and of program costs. 3036. Reporting
requirement. CHAPTER 31TRAINING AND REHABILITATION FOR VETERANS
WITH SERVICE-CONNECTED DISABILITIES Sec. 3100. Purposes. 3101.
Definitions. 3102. Basic entitlement. 3103. Periods of eligibility.
3104. Scope of services and assistance. 3105. Duration of
rehabilitation programs. 3106. Initial and extended evaluations;
determinations regarding serious employment handicap. 3107.
Individualized vocational rehabilitation plan. 3108. Allowances. 3109.
Entitlement to independent living services and assistance. 3110. Leaves
of absence. 3111. Regulations to promote satisfactory conduct and
cooperation. 3112. Revolving fund loans. 3113. Vocational
rehabilitation for hospitalized members of the Armed Forces and
veterans. 3114. Vocational rehabilitation outside the United States.
3115. Rehabilitation resources. 3116. Promotion of employment and
training opportunities. 3117. Employment assistance. 3118. Personnel
training, development, and qualifications. 3119. Rehabilitation
research and special projects. 3120. Program of independent living
services and assistance. 3121. Veterans Advisory Committee on
Rehabilitation. 3122. Longitudinal study of vocational rehabilitation
programs. CHAPTER 32POST-VIETNAM ERA VETERANS EDUCATIONAL
ASSISTANCE SUBCHAPTER IPURPOSE; DEFINITIONS Sec. 3201. Purpose.
3202. Definitions. SUBCHAPTER IIELIGIBILITY; CONTRIBUTIONS; AND
MATCHING FUND Sec. 3221. Eligibility. 3222. Contributions; matching
fund. 3223. Refunds of contributions upon disenrollment. 3224. Death of
participant. 3225. Discharge or release under conditions which would
bar the use of benefits. SUBCHAPTER IIIENTITLEMENT; DURATION Sec.
3231. Entitlement; loan eligibility. 3232. Duration; limitations. 3233.
Apprenticeship or other on-job training. 3234. Tutorial assistance.
SUBCHAPTER IVADMINISTRATION Sec. 3241. Requirements. [3242.
Vacant]. 3243. Deposits; reports. CHAPTER 33POST-9/11 EDUCATIONAL
ASSISTANCE SUBCHAPTER IDEFINITIONS Sec. 3301. Definitions.
SUBCHAPTER IIEDUCATIONAL ASSISTANCE Sec. 3311. Educational
assistance for service in the Armed Forces commencing on or after
September 11, 2001: entitlement. 3312. Educational assistance:
duration. 3313. Programs of education leading to a degree pursued at
institutions of higher learning on more than half-time basis. 3314.
Tutorial assistance. 3315. Licensure and certification tests. 3315A.
National tests. 3316. Supplemental educational assistance: members with
critical skills or specialty; members serving additional service. 3317.
Public-private contributions for additional educational assistance.
3318. Additional assistance: relocation or travel assistance for
individual relocating or traveling significant distance for pursuit of
a program of education. 3319. Authority to transfer unused education
benefits to family members. SUBCHAPTER IIIADMINISTRATIVE
PROVISIONS Sec. 3321. Time limitation for use of and eligibility for
entitlement. 3322. Bar to duplication of educational assistance
benefits. 3323. Administration. 3324. Allocation of administration and
costs. CHAPTER 34VETERANS EDUCATIONAL ASSISTANCE
SUBCHAPTER IPURPOSE Sec. 3451. Purpose. 3452. Definitions.
SUBCHAPTER IIELIGIBILITY AND ENTITLEMENT Sec. 3461. Eligibility;
entitlement; duration. 3462. Time limitations for completing a program
of education. [3463. Vacant]. SUBCHAPTER IIIENROLLMENT Sec. 3470.
Selection of program. 3471. Applications; approval. [3472. Vacant].
[3473. Repealed.]. 3474. Discontinuance for unsatisfactory conduct or
progress. [3475. Vacant]. 3476. Education outside the United States.
[3477, 3478. Vacant]. SUBCHAPTER IVPAYMENTS TO ELIGIBLE VETERANS;
VETERAN-STUDENT SERVICES Sec. 3481. Educational assistance allowance.
3482. Computation of educational assistance allowances. [3482A.
Vacant]. 3483. Approval of courses. 3484. Apprenticeship or other on-
job training; correspondence courses. 3485. Work-study allowance.
[3486, 3487. Vacant]. SUBCHAPTER VSPECIAL ASSISTANCE FOR THE
EDUCATIONALLY DISADVANTAGED Sec. 3490. Purpose. 3491. Elementary and
secondary education and preparatory educational assistance. 3492.
Tutorial assistance. 3493. Effect on educational entitlement. [3495 to
3498. Vacant]. CHAPTER 35SURVIVORS AND
DEPENDENTS EDUCATIONAL ASSISTANCE SUBCHAPTER IDEFINITIONS
Sec. 3500. Purpose. 3501. Definitions. SUBCHAPTER IIELIGIBILITY
AND ENTITLEMENT Sec. 3510. Eligibility and entitlement generally. 3511.
Duration of educational assistance. 3512. Periods of eligibility. 3513.
Application. 3514. Processing of applications. SUBCHAPTER
IIIPROGRAM OF EDUCATION Sec. 3520. Educational and vocational
counseling. 3521. Approval of application. [3522. Vacant]. 3523.
Disapproval of enrollment in certain courses. 3524. Discontinuance for
unsatisfactory progress. [3525, 3526. Vacant]. SUBCHAPTER
IVPAYMENTS TO ELIGIBLE PERSONS Sec. 3531. Educational assistance
allowance. 3532. Computation of educational assistance allowance. 3533.
Special assistance for the educationally disadvantaged. 3534.
Apprenticeship or other on-job training; correspondence courses. 3535.
Approval of courses. 3536. Specialized vocational training courses.
3537. Work-study allowance. [3538. Vacant]. SUBCHAPTER VSPECIAL
RESTORATIVE TRAINING Sec. 3540. Purpose. 3541. Entitlement to special
restorative training. 3542. Special training allowance. 3543. Special
administrative provisions. SUBCHAPTER VIMISCELLANEOUS PROVISIONS
Sec. 3561. Authority and duties of Secretary. 3562. Nonduplication of
benefits. 3563. Notification of eligibility. 3564. Annual adjustment of
amounts of educational assistance. SUBCHAPTER VIIPHILIPPINE
COMMONWEALTH ARMY AND PHILIPPINE SCOUTS Sec. 3565. Children of certain
Philippine veterans. 3566. Definitions. CHAPTER 36ADMINISTRATION
OF EDUCATIONAL BENEFITS SUBCHAPTER ISTATE APPROVING AGENCIES Sec.
3670. Scope of approval. 3671. Designation. 3672. Approval of courses.
3673. Approval activities: cooperation and coordination of activities.
3674. Reimbursement of expenses. 3674A. Evaluations of agency
performance; qualifications and performance of agency personnel. 3675.
Approval of accredited courses. 3676. Approval of nonaccredited
courses. 3677. Approval of training on the job. 3678. Notice of
approval of courses. 3679. Disapproval of courses. SUBCHAPTER
IIMISCELLANEOUS PROVISIONS Sec. 3680. Payment of educational
assistance or subsistence allowances. 3680A. Disapproval of enrollment
in certain courses. 3681. Limitations on educational assistance. 3682.
Control by agencies of the United States. 3683. Conflicting interests.
3684. Reports by veterans, eligible persons, and institutions;
reporting fee. 3684A. Procedures relating to computer matching program.
3685. Overpayments to eligible persons or veterans. 3686.
Correspondence courses. 3687. Apprenticeship or other on-job training.
3688. Measurement of courses. 3689. Approval requirements for licensing
and certification testing. 3690. Overcharges by educational
institutions; discontinuance of allowances; examination of records;
false or misleading statements. 3691. Change of program. 3692. Advisory
committee. 3693. Compliance surveys. 3694. Use of other Federal
agencies. 3695. Limitation on period of assistance under two or more
programs. 3696. Limitation on certain advertising, sales, and
enrollment practices. 3697. Funding of contract educational and
vocational counseling. 3697A. Educational and vocational counseling.
SUBCHAPTER IIIREPEALED Sec. [3698, 3699. Repealed.]. CHAPTER
37HOUSING AND SMALL BUSINESS LOANS SUBCHAPTER IGENERAL Sec.
3701. Definitions. 3702. Basic entitlement. 3703. Basic provisions
relating to loan guaranty and insurance. 3704. Restrictions on loans.
3705. Warranties. 3706. Escrow of deposits and downpayments. 3707.
Adjustable rate mortgages. 3707A. Hybrid adjustable rate mortgages.
3708. Authority to buy down interest rates: pilot program. SUBCHAPTER
IILOANS Sec. 3710. Purchase or construction of homes. 3711. Direct
loans to veterans. 3712. Loans to purchase manufactured homes and lots.
3713. Release from liability under guaranty. 3714. Assumptions; release
from liability. [3715 to 3719. Vacant]. SUBCHAPTER
IIIADMINISTRATIVE PROVISIONS Sec. 3720. Powers of Secretary. 3721.
Incontestability. 3722. Veterans Housing Benefit Program Fund. 3723.
Repealed.. 3726. Withholding of payments, benefits, etc. 3727.
Expenditures to correct or compensate for structural defects in
mortgaged homes. 3728. Exemption from State anti-usury provisions.
3729. Loan fee. 3730. Use of attorneys in court. 3731. Appraisals.
3732. Procedure on default. 3733. Property management. 3734. Annual
submission of information on the Veterans Housing Benefit Program Fund
and housing programs. [3735. Renumbered 2041]. 3736. Reporting
requirements. SUBCHAPTER IVSMALL BUSINESS LOANS Sec. 3741.
Definitions. 3742. Small business loan program. 3743. Liability on
loans. 3744. Approval of loans by the Secretary. 3745. Interest on
loans. 3746. Maturity of loans. 3747. Eligible financial institutions.
3748. Preference for disabled veterans. 3749. Revolving fund. 3750.
Incorporation of other provisions by the Secretary. 3751. Termination
of program. SUBCHAPTER VDIRECT HOUSING LOANS FOR NATIVE AMERICAN
VETERANS Sec. 3761. Direct housing loans to Native American veterans;
program authority. 3762. Direct housing loans to Native American
veterans; program administration. 3763. Native American Veteran Housing
Loan Program Account. 3764. Qualified non-Native American veterans.
3765. Definitions. SUBCHAPTER VITRANSFERRED Sec. [3771.
Repealed.]. [3772 to 3775. Renumbered 2051 to 2054 ]. CHAPTER
39AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS
AND MEMBERS OF THE ARMED FORCES Sec. 3901. Definitions. 3902.
Assistance for providing automobile and adaptive equipment. 3903.
Limitations on assistance; special training courses. 3904. Research and
development. CHAPTER 41JOB COUNSELING, TRAINING, AND PLACEMENT
SERVICE FOR VETERANS Sec. 4100. Findings. 4101. Definitions. 4102.
Purpose. 4102A. Assistant Secretary of Labor for Veterans
Employment and Training; program functions; Regional Administrators.
4103. Directors and Assistant Directors for Veterans
Employment and Training; additional Federal personnel. 4103A. Disabled
veterans outreach program. 4104. Local veterans
employment representatives. [4104A. Repealed.]. 4105. Cooperation of
Federal agencies. 4106. Estimate of funds for administration;
authorization of appropriations. 4107. Administrative controls; annual
report. 4108. Cooperation and coordination. 4109. National
Veterans Employment and Training Services Institute. 4110.
Advisory Committee on Veterans Employment, Training, and Employer
Outreach. 4110A. Special unemployment study. 4110B. Coordination and
nonduplication. [4111. Repealed.]. 4112. Performance incentive awards
for quality employment, training, and placement services. 4113.
Outstationing of Transition Assistance Program personnel. 4114.
Credentialing and licensure of veterans: demonstration project. CHAPTER
42EMPLOYMENT AND TRAINING OF VETERANS Sec. 4211. Definitions.
4212. Veterans employment emphasis under Federal contracts.
4213. Eligibility requirements for veterans under Federal employment
and training programs. 4214. Employment within the Federal Government.
4215. Priority of service for veterans in Department of Labor job
training programs. CHAPTER 43EMPLOYMENT AND REEMPLOYMENT RIGHTS OF
MEMBERS OF THE UNIFORMED SERVICES SUBCHAPTER IGENERAL Sec. 4301.
Purposes; sense of Congress. 4302. Relation to other law and plans or
agreements. 4303. Definitions. 4304. Character of service. SUBCHAPTER
IIEMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS
Sec. 4311. Discrimination against persons who serve in the uniformed
services and acts of reprisal prohibited. 4312. Reemployment rights of
persons who serve in the uniformed services. 4313. Reemployment
positions. 4314. Reemployment by the Federal Government. 4315.
Reemployment by certain Federal agencies. 4316. Rights, benefits, and
obligations of persons absent from employment for service in a
uniformed service. 4317. Health plans. 4318. Employee pension benefit
plans. 4319. Employment and reemployment rights in foreign countries.
SUBCHAPTER IIIPROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND
INVESTIGATION Sec. 4321. Assistance in obtaining reemployment or other
employment rights or benefits. 4322. Enforcement of employment or
reemployment rights. 4323. Enforcement of rights with respect to a
State or private employer. 4324. Enforcement of rights with respect to
Federal executive agencies. 4325. Enforcement of rights with respect to
certain Federal agencies. 4326. Conduct of investigation; subpoenas.
4327. Noncompliance of Federal officials with deadlines;
inapplicability of statutes of limitations. SUBCHAPTER
IVMISCELLANEOUS PROVISIONS Sec. 4331. Regulations. 4332. Reports.
4333. Outreach. 4334. Notice of rights and duties. 4335. Training for
Federal executive agency human resources personnel on employment and
reemployment rights and limitations. PART IVGENERAL ADMINISTRATIVE
PROVISIONS CHAPTER 51CLAIMS, EFFECTIVE DATES, AND PAYMENTS
SUBCHAPTER ICLAIMS Sec. 5100. Definition of claimant. 5101. Claims
and forms. 5102. 5103. 5103A. 5104. Application forms furnished upon
request; notice to claimants of incomplete applications. Notice to
claimants of required information and evidence. Duty to assist
claimants. Decisions and notices of decisions. 5105. 5106. 5107. 5108.
5109. 5109A. 5109B. Joint applications for social security and
dependency and indemnity compensation. Furnishing of information by
other agencies. Claimant responsibility; benefit of the doubt.
Reopening disallowed claims. Independent medical opinions. Revision of
decisions on grounds of clear and unmistakable error.Expedited
treatment of remanded claims. SUBCHAPTER IIEFFECTIVE DATES Sec.
5110. Effective dates of awards. 5111. 5112. Commencement of period of
payment. Effective dates of reductions and discontinuances. 5113.
Effective dates of educational benefits. SUBCHAPTER IIIPAYMENT OF
BENEFITS Sec. 5120. 5121. 5121A. Payment of benefits; delivery. Payment
of certain accrued benefits upon death of a beneficiary. Substitution
in case of death of claimant. 5122. 5123. 5124. 5125. 5126.
Cancellation of checks mailed to deceased payees. Rounding down of
pension rates. Acceptance of claimants statement as proof of
relationship. Acceptance of reports of private physician examinations.
Benefits not to be denied based on lack of mailing address. CHAPTER
53SPECIAL PROVISIONS RELATING TO BENEFITS Sec. 5301.
Nonassignability and exempt status of benefits. 5302. Waiver of
recovery of claims by the United States.5302A. 5302A Collection of
indebtedness: certain debts of members of the Armed Forces and veterans
who die of injury incurred or aggravated in the line of duty in a
combat zone. 5303. Certain bars to benefits. 5303A. Minimum active-duty
service requirement. 5304. Prohibition against duplication of benefits.
5305. Waiver of retired pay. 5306. Renouncement of right to benefits.
5307. Apportionment of benefits. 5308. Withholding benefits of persons
in territory of the enemy. 5309. Payment of certain withheld benefits.
5310. Payment of benefits for month of death. 5311. Prohibition of
certain benefit payments. 5312. Annual adjustment of certain benefit
rates. 5313. Limitation on payment of compensation and dependency and
indemnity compensation to persons incarcerated for conviction of a
felony. 5313A. Limitation on payment of clothing allowance to
incarcerated veterans. 5313B. Prohibition on providing certain benefits
with respect to persons who are fugitive felons.5314. Indebtedness
offsets. 5315. Interest and administrative cost charges on delinquent
payments of certain amounts due the United States. 5316. Authority to
sue to collect certain debts. 5317. Use of income information from
other agencies: notice and verification.5317A. Use of income
information from other agencies: independent verification required
before termination or reduction of certain benefits and services. 5318.
Review of Social Security Administration death information.5319.
Limitations on access to financial records. CHAPTER 55MINORS,
INCOMPETENTS, AND OTHER WARDS Sec. 5501. Commitment actions. 5502.
Payments to and supervision of fiduciaries. 5503. Hospitalized veterans
and estates of incompetent institutionalized veterans. 5504.
Administration of trust funds. [5505. Repealed.]. 5506. Definition of
fiduciary. 5507. Inquiry, investigations, and qualification of
fiduciaries. 5508. Periodic onsite reviews of institutional
fiduciaries. 5509. Authority to require fiduciary to receive payments
at regional offices of the Department when failing to provide required
accounting. 5510. Annual report. CHAPTER 57RECORDS AND
INVESTIGATIONS SUBCHAPTER IRECORDS Sec. 5701. Confidential nature
of claims. 5702. Furnishing of records. 5703. Certification of records
of District of Columbia. 5704. Transcript of trial records. 5705.
Confidentiality of medical quality-assurance records. SUBCHAPTER
IIINVESTIGATIONS Sec. 5711. Authority to issue subpoenas. 5712.
Validity of affidavits.5713. Disobedience to subpoena. SUBCHAPTER
IIIINFORMATION SECURITY Sec. 5721. Purpose. 5722. Policy. 5723.
Responsibilities. 5724. Provision of credit protection and other
services. 5725. Contracts for data processing or maintenance. 5726.
Reports and notice to congress on data breaches. 5727. Definitions.
5728. Authorization of appropriations. CHAPTER 59AGENTS AND
ATTORNEYS Sec. 5901. Prohibition against acting as claims agent or
attorney. 5902. Recognition of representatives of organizations. 5903.
Recognition with respect to particular claims. 5904. Recognition of
agents and attorneys generally. 5905. Penalty for certain acts. CHAPTER
61PENAL AND FORFEITURE PROVISIONS Sec. 6101. Misappropriation by
fiduciaries. 6102. Fraudulent acceptance of payments. 6103. Forfeiture
for fraud. 6104. Forfeiture for treason. 6105. Forfeiture for
subversive activities. 6106. Misuse of benefits by fiduciaries. 6107.
Reissuance of benefits. 6108. Authority for judicial orders of
restitution. CHAPTER 63OUTREACH ACTIVITIES Sec. 6301. Purpose;
definitions. 6302. Biennial plan. 6303. Outreach services. 6304.
Veterans assistance offices. 6305. Outstationing of counseling and
outreach personnel. 6306. Use of other agencies. 6307. Outreach for
eligible dependents. 6308. Biennial report to Congress. PART
VBOARDS, ADMINISTRATIONS, AND SERVICES CHAPTER 71BOARD OF
VETERANS APPEALS Sec. 7101. Composition of Board of
Veterans Appeals. 7101A. Members of Board: appointment; pay;
performance review. 7102. Assignment of members of Board. 7103.
Reconsideration; correction of obvious errors. 7104. Jurisdiction of
the Board. 7105. Filing of notice of disagreement and appeal. 7105A.
Simultaneously contested claims. 7106. Administrative appeals. 7107.
Appeals: dockets; hearings. 7108. Rejection of applications. 7109.
Independent medical opinions. [7110. Repealed.]. 7111. Revision of
decisions on grounds of clear and unmistakable error. 7112. Expedited
treatment of remanded claims. CHAPTER 72UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS SUBCHAPTER IORGANIZATION AND
JURISDICTION Sec. 7251. Status. 7252. Jurisdiction; finality of
decisions. 7253. Composition. 7254. Organization. 7255. Offices. 7256.
Times and places of sessions. 7257. Recall of retired judges.
SUBCHAPTER IIPROCEDURE Sec. 7261. 7262. 7263. 7264. 7265. 7266.
7267. Scope of review.Fee for filing appeals. Representation of
parties; fee agreements. Rules of practice and procedure. Contempt
authority; assistance to the Court. Notice of appeal. Decisions. 7268.
7269. Availability of proceedings. Publication of decisions. SUBCHAPTER
IIIMISCELLANEOUS PROVISIONS Sec. 7281. 7282. 7283. 7284. 7285.
7286. Employees. Budget and expenditures.Disposition of fees. Fee for
transcript of record. Practice and registration fees. Judicial
Conference of the Court. 7287. Administration. 7288. Annual report.
SUBCHAPTER IVDECISIONS AND REVIEW Sec. 7291. Date when Court
decision becomes final. 7292. Review by United States Court of Appeals
for the Federal Circuit. SUBCHAPTER VRETIREMENT AND SURVIVORS
ANNUITIES Sec. 7296. 7297. Retirement of judges. Survivor annuities.
7298. Retirement Fund. 7299. Limitation on activities of retired
judges. CHAPTER 73VETERANS HEALTH ADMINISTRATION -ORGANIZATION AND
FUNCTIONS SUBCHAPTER IORGANIZATION Sec. 7301. Functions of
Veterans Health Administration: in general. 7302. Functions of Veterans
Health Administration: health-care personnel education and training
programs. 7303. Functions of Veterans Health Administration: research
programs. 7304. Regulations. 7305. Divisions of Veterans Health
Administration. 7306. Office of the Under Secretary for Health. 7307.
Office of Research Oversight. 7308. Office of Rural Health. SUBCHAPTER
IIGENERAL AUTHORITY AND ADMINISTRATION Sec. 7311. Quality
assurance. 7311A. Quality management officers. 7312. Special medical
advisory group. 7313. Advisory committees: affiliated institutions.
7314. Geriatric research, education, and clinical centers. 7315.
Geriatrics and Gerontology Advisory Committee. 7316. Malpractice and
negligence suits: defense by United States. 7317. Hazardous research
projects: indemnification of contractors. 7318. National Center for
Preventive Health. 7319. Mammography quality standards. 7320. Centers
for mental illness research, education, and clinical activities. 7321.
Committee on Care of Severely Chronically Mentally Ill Veterans. 7321A.
Committee on Care of Veterans with Traumatic Brain Injury. 7322. Breast
cancer mammography policy. 7323. Required consultations with nurses.
7324. Annual report on use of authorities to enhance retention of
experienced nurses. 7325. Medical emergency preparedness centers. 7326.
Education and training programs on medical responses to consequences of
terrorist activities. 7327. Centers for research, education, and
clinical activities on complex multi-trauma associated with combat
injuries. 7328. Medical preparedness centers. 7329. Parkinsons
Disease research, education, and clinical centers. 7330. Multiple
sclerosis centers of excellence. 7330A. Epilepsy centers of excellence.
SUBCHAPTER IIIPROTECTION OF PATIENT RIGHTS Sec. 7331. Informed
consent. 7332. Confidentiality of certain medical records. 7333.
Nondiscrimination against alcohol and drug abusers and persons infected
with the human immunodeficiency virus. 7334. Regulations. SUBCHAPTER
IVRESEARCH CORPORATIONS Sec. 7361. Authority to establish; status.
7362. Purpose of corporations. 7363. Board of directors; executive
director. 7364. General powers. [7364A. Renumbered 7365 ]. 7365.
Coverage of employees under certain Federal tort claims laws. 7366.
Accountability and oversight. [7367. Repealed.]. [7368. Repealed.].
CHAPTER 74VETERANS HEALTH ADMINISTRATION -PERSONNEL SUBCHAPTER
IAPPOINTMENTS Sec. 7401. Appointments in Veterans Health
Administration. 7402. Qualifications of appointees. 7403. Period of
appointments; promotions. 7404. Grades and pay scales. 7405. Temporary
full-time appointments, part-time appointments, and without-
compensation appointments. 7406. Residencies and internships. 7407.
Administrative provisions for section 7405 and 7406 appointments. 7408.
Appointment of additional employees. 7409. Contracts for scarce medical
specialist services. 7410. Additional pay authorities. 7411. Full-time
board-certified physicians and dentists: reimbursement of continuing
professional education expenses. SUBCHAPTER IICOLLECTIVE
BARGAINING AND PERSONNEL ADMINISTRATION Sec. 7421. Personnel
administration: in general. 7422. Collective bargaining. 7423.
Personnel administration: full-time employees. 7424. Travel expenses of
certain employees. 7425. Employees: laws not applicable. 7426.
Retirement rights. SUBCHAPTER IIIPAY FOR PHYSICIANS AND DENTISTS
Sec. 7431. Pay. 7432. Pay of Under Secretary for Health. 7433.
Administrative matters. SUBCHAPTER IVPAY FOR NURSES AND OTHER
HEALTH-CARE PERSONNEL Sec. 7451. Nurses and other health-care
personnel: competitive pay. 7452. Nurses and other health-care
personnel: administration of pay. 7453. Nurses: additional pay. 7454.
Physician assistants and other health care professionals: additional
pay. 7455. Increases in rates of basic pay. 7456. Nurses: special rules
for weekend duty. 7456A. Nurses: alternate work schedules. 7457. On-
call pay. 7458. Recruitment and retention bonus pay. 7459. Nursing
staff: special rules for overtime duty. SUBCHAPTER VDISCIPLINARY
AND GRIEVANCE PROCEDURES Sec. 7461. Adverse actions: section 7401(1)
employees. 7462. Major adverse actions involving professional conduct
or competence. 7463. Other adverse actions. 7464. Disciplinary Appeals
Boards. SUBCHAPTER VIREGIONAL MEDICAL EDUCATION CENTERS Sec. 7471.
Designation of Regional Medical Education Centers. 7472. Supervision
and staffing of Centers. 7473. Personnel eligible for training. 7474.
Consultation. CHAPTER 75VISUAL IMPAIRMENT AND ORIENTATION AND
MOBILITY PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM Sec. 7501.
Establishment of scholarship program; purpose. 7502. Application and
acceptance. 7503. Amount of assistance; duration. 7504. Agreement.
7505. Repayment for failure to satisfy requirements of agreement.
CHAPTER 76HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM
SUBCHAPTER IGENERAL Sec. 7601. Establishment of program; purpose.
7602. Eligibility. 7603. Application and acceptance. 7604. Terms of
agreement. SUBCHAPTER IISCHOLARSHIP PROGRAM Sec. 7611. Authority
for program. 7612. Eligibility; application; agreement. 7613.
Scholarship. 7614. Part-time students. 7615. Status of participants.
7616. Obligated service. 7617. Breach of agreement: liability. 7618.
Additional program requirements. 7619. Expiration of program.
SUBCHAPTER IIITUITION REIMBURSEMENT PROGRAM Sec. 7621. Authority
for program. 7622. Eligibility; application; agreement. 7623. Obligated
service. 7624. Breach of agreement: liability. 7625. Allocation and
distribution of funding. SUBCHAPTER IVADMINISTRATIVE MATTERS Sec.
7631. Periodic adjustments in amount of assistance. 7632. Annual
report. 7633. Regulations. 7634. Breach of agreement; waiver of
liability. 7635. Service in other agencies. 7636. Exemption of
educational assistance payments from taxation. SUBCHAPTER VSTIPEND
PROGRAM FOR MEMBERS OF THE SELECTED RESERVE Sec. 7651. Authority for
program. 7652. Eligibility: individuals entitled to benefits under the
GI Bill program for members of the Selected Reserve. 7653. Amount of
assistance. 7654. Obligated service. 7655. Breach of agreement;
liability. SUBCHAPTER VIEMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM
Sec. 7671. Authority for program. 7672. Eligibility; agreement. 7673.
Scholarship. 7674. Obligated service. 7675. Breach of agreement:
liability. [7676. Repealed.]. SUBCHAPTER VIIEDUCATION DEBT
REDUCTION PROGRAM Sec. 7681. Authority for program. 7682. Eligibility.
7683. Education debt reduction. [7684. Repealed.]. CHAPTER
77VETERANS BENEFITS ADMINISTRATION SUBCHAPTER IORGANIZATION;
GENERAL Sec. 7701. Organization of the Administration. 7703. Functions
of the Administration. SUBCHAPTER IIQUALITY ASSURANCE Sec. 7731.
Establishment. 7732. Functions. 7732A. Employee certification. 7733.
Personnel. 7734. Annual report to Congress. CHAPTER
78VETERANS CANTEEN SERVICE Sec. 7801. Purpose of
Veterans Canteen Service. 7802. Duties of Secretary with
respect to Service. 7803. Operation of Service. 7804. Financing of
Service. 7805. Revolving fund. 7806. Budget of Service. 7807. Audit of
accounts. 7808. Service to be independent unit. 7809. Child-care
centers. 7810. Exemption from personnel ceilings. CHAPTER
79INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAM Sec. 7901.
Programs; purpose. 7902. Scholarship program. 7903. Education debt
reduction program. 7904. Preferences in awarding financial assistance.
7905. Requirement of honorable discharge for veterans receiving
assistance. 7906. Regulations. 7907. Termination. PART
VIACQUISITION AND DISPOSITION OF PROPERTY CHAPTER
81ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL
PROPERTY SUBCHAPTER IACQUISITION AND OPERATION OF MEDICAL
FACILITIES Sec. 8101. Definitions. 8102. Acquisition of medical
facilities. 8103. Authority to construct and alter, and to acquire
sites for, medical facilities.8104. Congressional approval of certain
medical facility acquisitions. 8105. Structural requirements. 8106.
Construction contracts. [8107. Repealed.]. 8108. Contributions to local
authorities. 8109. Parking facilities.8110. Operation of medical
facilities. 8111. Sharing of Department of Veterans Affairs and
Department of Defense health care resources. 8111A. Furnishing of
health-care services to members of the Armed Forces during a war or
national emergency. 8112. Partial relinquishment of legislative
jurisdiction. 8113. Property formerly owned by National Home for
Disabled Volunteer Soldiers. 8114. Use of federally owned facilities;
use of personnel.8115. Acceptance of certain property. 8116. Nursing
home revolving fund. 8117. Emergency preparedness. 8118. Authority for
transfer of real property; Department of Veterans Affairs Capital Asset
Fund.8119. Annual report on outpatient clinics. SUBCHAPTER
IIPROCUREMENT AND SUPPLY Sec. 8121. Revolving supply fund. 8122.
Authority to procure and dispose of property and to negotiate for
common services. 8123. Procurement of prosthetic appliances. 8124.
Grant of easements in Government-owned lands. 8125. Procurement of
health-care items. 8126. Limitation on prices of drugs procured by
Department and certain other Federal agencies. 8127. Small business
concerns owned and controlled by veterans: contracting goals and
preferences. 8128. Small business concerns owned and controlled by
veterans: contracting priority. SUBCHAPTER IIISTATE HOME
FACILITIES FOR FURNISHING DOMICILIARY, NURSING HOME, AND HOSPITAL CARE
Sec. 8131. Definitions. 8132. Declaration of purpose. 8133.
Authorization of appropriations. 8134. General regulations. 8135.
Applications with respect to projects; payments. 8136. Recapture
provisions. 8137. State control of operations. 8138. Treatment of
certain health facilities as State homes. SUBCHAPTER IVSHARING OF
MEDICAL FACILITIES, EQUIPMENT, AND INFORMATION Sec. 8151. Statement of
congressional purpose. 8152. Definitions. 8153. Sharing of health-care
resources. 8154. Exchange of medical information. 8155. Pilot programs;
grants to medical schools. 8156. Coordination with health services
development activities carried out under the National Health Planning
and Resources Development Act of 1974. 8157. Joint title to medical
equipment. 8158. Deposit in escrow. SUBCHAPTER VENHANCED-USE
LEASES OF REAL PROPERTY Sec. 8161. Definitions. 8162. Enhanced-use
leases. 8163. 8164. 8165. 8166. Hearing and notice requirements
regarding proposed leases. Authority for disposition of leased
property.Use of proceeds. Construction standards. 8167. [8168. 8169.
Exemption from State and local taxes. Repealed.]. Expiration. CHAPTER
82ASSISTANCE IN ESTABLISHING NEW STATE MEDICAL SCHOOLS; GRANTS TO
AFFILIATED MEDICAL SCHOOLS; ASSISTANCE TO HEALTH MANPOWER TRAINING
INSTITUTIONS Sec. 8201. Coordination with public health programs;
administration. SUBCHAPTER IPILOT PROGRAM FOR ASSISTANCE IN THE
ESTABLISHMENT OF NEW STATE MEDICAL SCHOOLS Sec. 8211. Declaration of
purpose. 8212. Authorization of appropriations.8213. Pilot program
assistance. 8214. Limitations. SUBCHAPTER IIGRANTS TO AFFILIATED
MEDICAL SCHOOLS Sec. 8221. Declaration of purpose. 8222. Authorization
of appropriations. 8223. Grants. SUBCHAPTER IIIASSISTANCE 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 Sec.
8231. Declaration of purpose. 8232. Definition. 8233. Grants.
SUBCHAPTER IVEXPANSION OF DEPARTMENT HOSPITAL EDUCATION AND
TRAINING CAPACITY Sec. 8241. Expenditures to remodel and make special
allocations to Department hospitals for health manpower education and
training. CHAPTER 83ACCEPTANCE OF GIFTS AND BEQUESTS Sec. 8301.
Authority to accept gifts, devises, and bequests. 8302. Legal
proceedings. 8303. Restricted gifts. 8304. Disposition of property.
8305. Savings provision. CHAPTER 85DISPOSITION OF DECEASED
VETERANS PERSONAL PROPERTY SUBCHAPTER IPROPERTY LEFT ON
DEPARTMENT FACILITY Sec. 8501. Vesting of property left by decedents.
8502. Disposition of unclaimed personal property. 8503. Notice of
provisions of this subchapter. 8504. Disposition of other unclaimed
property. 8505. Sale or other disposition of property. 8506. Notice of
sale. 8507. Payment of small shipping charges. 8508. Relinquishment of
Federal jurisdiction. 8509. Definitions. 8510. Finality of decisions.
SUBCHAPTER IIDEATH WHILE PATIENT OF DEPARTMENT FACILITY Sec. 8520.
Vesting of property left by decedents. 8521. Presumption of contract
for disposition of personalty. 8522. Sale of assets accruing to the
Fund. 8523. Disbursements from the Fund. 8524. Disposal of remaining
assets. 8525. Court actions. 8526. Filing of claims for assets. 8527.
Notice of provisions of subchapter. CHAPTER 1 OF TITLE 38, UNITED
STATES CODE [As Amended Through P.L. 1127, Enacted March 31,
2011] TITLE 38VETERANS BENEFITS Part Sec. I. General
101 II. General Benefits
............................................................. 1101 III.
Readjustment and Related Benefits .............................. 3001
IV. General Administrative Provisions ...............................
5100 V. Boards, Administrations, and Services .........................
7101 VI. Acquisition and Disposition of Property
....................... 8101 1 PART I. GENERAL PROVISIONS Chapter Sec.
.... 101 3. Department of Veterans Affairs
.................................... 301 5. Authority and Duties of the
Secretary .......................... 501 7. Employees
701 9. Security and Law Enforcement on Property under the Jurisdiction
of the Department .................................. 901 PART II.
GENERAL BENEFITS 11. Compensation for Service-Connected Disability or
.... 1101 13. Dependency and Indemnity Compensation for Service-
Connected Deaths ..................................................
1301 15. Pension for Non-Service-Connected Disability or Death or for
Service .................................................... 1501 17.
Hospital Nursing Home, Domiciliary, and Medical Care
...... 1701 18. Benefits for Children of Vietnam Veterans and Certain
Other Veterans ....................................................
1801 19. Insurance
. 1901 20. Benefits for Homeless Veterans
..................................... 2001 21. Specially Adapted
Housing for Disabled Veterans ....... 2101 23. Burial Benefits
24. National Cemeteries and Memorials .............................
2400 PART III. READJUSTMENT AND RELATED BENEFITS 30. All-Volunteer
Force Eductaional Assistance Program 3001 31. Training and
Rehabilitation for Veterans with Service-Connected Disabilities
........................................... 3100 32. Post-Vietnam Era
Veterans Educational Assistance .. 3201 33. Post-9/11
Educational Assistance .................................. 3301 34.
Veterans Educational Assistance
.................................. 3451 35. Survivors and
Dependents Educational Assistance ... 3500 36. Adminstration
of Educational Benefits ......................... 3670 37. Housing and
Small Business Loans .............................. 3701 39.
Automobiles and Adaptive Equipment for Certain Disabled Veterans and
Members of the Armed Forces
... 3901 41. Job Counseling, Training, and Placement Service for
4100 42. Employment and Training Veterans .............................
4211 43. Employment and Reemployment Rights of Members of the Uniformed
Services .......................................... 4301 PART IV.
GENERAL ADMINISTRATIVE PROVISIONS 51. Claims, Effective Dates, and
Payments ........................ 5100 53. Special Provisions Relating
to Benefits ........................ 5301 55. Minors, Incompetents, and
Other Wards ...................... 5501 57. Records and Investigations
............................................ 5701 59. Agents and
Attorneys ..................................................... 5901
61. Penal and Forfeiture Provisions
.................................... 6101 63. Outreach Activities
......................................................... 6301 PART V.
BOARDS, ADMINISTRATIONS, AND SERVICES 71. Board of Veterans
Appeals ............................................ 7101 72. United
States Court of Appeals for Veterans Claims 7251 73. Veterans Health
AdministrationOrganization and Functions
7301 74. Veterans Health AdministrationPersonnel ...............
7401 75. Visual Impairment and Orientation and Mobility Professionals
Educational Assistance Program .............. 76. Health Professionals
Educational Assistance Program 7601 77. Veterans Benefits
Administration ................................. 7701 78.
Veterans Canteen Service
............................................. 7801 79. Information
Security Education Assistance Program .. 7901 PART VI. ACQUISITION AND
DISPOSITION OF PROPERTY 81. Acquisition and Operation of Hospital and
Domiciliary Facilities; Procurement and Supply; Enhanced-Use Leases of
Real Property ......................... 8101 82. Assistance in
Establishing new State Medical Schools; Grants to Affiliated Medical
Schools; Assistance to Health Manpower Training Institutions 8201 83.
Acceptance of Gifts and Bequest ...................................
8301 85. Disposition of Deceased Veterans Personal Property
8501 PART IGENERAL PROVISIONS Chapter Sec. 1. General
.... 101 3. Department of Veterans Affairs
.................................... 301 5. Authority and Duties of the
Secretary .......................... 501 7. Employees
701 9. Security and Law Enforcement on Property Under the Jurisdiction
of the Department ........................... 901 CHAPTER 1GENERAL
Sec. 101. Definitions. 102. Dependent parents. 103. Special provisions
relating to marriages. 104. Approval of educational institutions. 105.
Line of duty and misconduct. 106. Certain service deemed to be active
service. 107. Certain service deemed not to be active service. 108.
Seven-year absence presumption of death. 109. Benefits for discharged
members of allied forces. 110. Preservation of disability ratings. 111.
Payments or allowances for beneficiary travel. 112. Presidential
memorial certificate program. 113. Treatment of certain programs under
sequestration procedures. 114. Multiyear procurement. 115. Acquisition
of real property. 116. Reports to Congress: cost information. 117.
Advance appropriations for certain medical care accounts. 118.
Submission of reports to Congress in electronic form. ' 101.
Definitions For the purposes of this title (1) The terms