CHAPTER 18 - BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS
Title 38 > CHAPTER 18
Sections (22)
[§ 1801 Repealed. Pub. L. 106–419, title IV, § 401(c)(1), Nov. 1, 2000, 114 Stat. 1860]
§ 1802 Spina bifida conditions covered
This subchapter applies with respect to all forms and manifestations of spina bifida except spina bifida occulta. (Added Pub. L. 104–204, title IV, § 421(b)(1) , Sept. 26, 1996 , 110 Stat. 2923 ; amended Pub. L. 106–419, title IV, § 401(e)(1) , Nov. 1, 2000 , 114 Stat. 1860 ; Pub. L. 107–14, § 8(b)(3) , June 5, 2001 , 115 Stat. 36 .)
§ 1803 Health care
(a) In accordance with regulations which the Secretary shall prescribe, the Secretary shall provide a child of a Vietnam veteran who is suffering from spina bifida with health care under this section.
(b) The Secretary may provide health care under this section directly or by contract or other arrangement with any health care provider.
(c) For the purposes of this section— The term “health care”— means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and includes— the training of appropriate members of a child’s family or household in the care of the child; and the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary. The term “health care provider” includes specialized spina bifida clinics, health care plans, insurers, organizations, institutions, and any other entity or individual furnishing health care services that the Secretary determines are authorized under this section. The term “home care” means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual’s home or other place of residence. The term “hospital care” means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient. The term “nursing home care” means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident. The term “outpatient care” means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care. The term “preventive care” means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary determines necessary to provide effective and economical preventive health care. The term “habilitative and rehabilitative care” means such professional, counseling, and guidance services and treatment programs (other than vocational training under section 1804 of this title ) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled person. The term “respite care” means care furnished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such private residence.
§ 1804 Vocational training and rehabilitation
(a) Pursuant to such regulations as the Secretary may prescribe, the Secretary may provide vocational training under this section to a child of a Vietnam veteran who is suffering from spina bifida if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible.
(b) Any program of vocational training for a child under this section shall— be designed in consultation with the child in order to meet the child’s individual needs; be set forth in an individualized written plan of vocational rehabilitation; and be designed and developed before the date specified in subsection (d)(3) so as to permit the beginning of the program as of the date specified in that subsection.
(c) A vocational training program for a child under this section— shall consist of such vocationally oriented services and assistance, including such placement and post-placement services and personal and work adjustment training, as the Secretary determines are necessary to enable the child to prepare for and participate in vocational training or employment; and may include a program of education at an institution of higher learning if the Secretary determines that the program of education is predominantly vocational in content. A vocational training program under this section may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment.
(d) Except as provided in paragraph (2) and subject to subsection (e)(2), a vocational training program under this section may not exceed 24 months. The Secretary may grant an extension of a vocational training program for a child under this section for up to 24 additional months if the Secretary determines that the extension is necessary in order for the child to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan of vocational rehabilitation formulated for the child pursuant to subsection (b). A vocational training program under this section may begin on the child’s 18th birthday, or on the successful completion of the child’s secondary schooling, whichever first occurs, except that, if the child is above the age of compulsory school attendance under applicable State law and the Secretary determines that the child’s best interests will be served thereby, the vocational training program may begin before the child’s 18th birthday.
(e) A child who is pursuing a program of vocational training under this section and is also eligible for assistance under a program under chapter 35 of this title may not receive assistance under both such programs concurrently. The child shall elect (in such form and manner as the Secretary may prescribe) the program under which the child is to receive assistance. The aggregate period for which a child may receive assistance under this section and chapter 35 of this title may not exceed 48 months (or the part-time equivalent thereof).
§ 1805 Monetary allowance
(a) The Secretary shall pay a monthly allowance under this section to any child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child.
(b) The amount of the allowance paid to a child under this section shall be based on the degree of disability suffered by the child, as determined in accordance with such schedule for rating disabilities resulting from spina bifida as the Secretary may prescribe. The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish three levels of disability upon which the amount of the allowance provided by this section shall be based. The amounts of the allowance shall be 700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability prescribed. Such amounts are subject to adjustment under section 5312 of this title .
[§ 1806 Repealed. Pub. L. 106–419, title IV, § 401(c)(3), Nov. 1, 2000, 114 Stat. 1860]
§ 1811 Definitions
In this subchapter: The term “eligible child” means an individual who— is the child (as defined in section 1831(1) of this title ) of a woman Vietnam veteran; and was born with one or more covered birth defects. The term “covered birth defect” means a birth defect identified by the Secretary under section 1812 of this title . (Added Pub. L. 106–419, title IV, § 401(a) , Nov. 1, 2000 , 114 Stat. 1857 ; amended Pub. L. 108–183, title I, § 102(d)(1) , Dec. 16, 2003 , 117 Stat. 2654 .)
§ 1812 Covered birth defects
(a) Identification.— The Secretary shall identify the birth defects of children of women Vietnam veterans that— are associated with the service of those veterans in the Republic of Vietnam during the Vietnam era; and result in permanent physical or mental disability.
(b) Limitations.— The birth defects identified under subsection (a) may not include birth defects resulting from the following: A familial disorder. A birth-related injury. A fetal or neonatal infirmity with well-established causes. In any case where affirmative evidence establishes that a covered birth defect of a child of a woman Vietnam veteran results from a cause other than the active military, naval, or air service of that veteran in the Republic of Vietnam during the Vietnam era, no benefits or assistance may be provided the child under this subchapter.
§ 1813 Health care
(a) Needed Care.— The Secretary shall provide an eligible child such health care as the Secretary determines is needed by the child for that child’s covered birth defects or any disability that is associated with those birth defects.
(b) Authority for Care To Be Provided Directly or by Contract.— The Secretary may provide health care under this section directly or by contract or other arrangement with a health care provider.
(c) Definitions.— For purposes of this section, the definitions in section 1803(c) of this title shall apply with respect to the provision of health care under this section, except that for such purposes— the reference to “specialized spina bifida clinic” in paragraph (2) of that section shall be treated as a reference to a specialized clinic treating the birth defect concerned under this section; and the reference to “vocational training under section 1804 of this title ” in paragraph (8) of that section shall be treated as a reference to vocational training under section 1814 of this title .
§ 1814 Vocational training
(a) Authority.— The Secretary may provide a program of vocational training to an eligible child if the Secretary determines that the achievement of a vocational goal by the child is reasonably feasible.
(b) Applicable Provisions.— Subsections (b) through (e) of section 1804 of this title shall apply with respect to any program of vocational training provided under subsection (a).
§ 1815 Monetary allowance
(a) Monetary Allowance.— The Secretary shall pay a monthly allowance to any eligible child for any disability resulting from the covered birth defects of that child.
(b) Schedule for Rating Disabilities.— The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered birth defects that is prescribed by the Secretary. In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability.
(c) Amount of Monthly Allowance.— The amount of the monthly allowance paid under this section shall be as follows: In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under subsection (b), 214; or the monthly amount payable under section 1805(b)(3) of this title for the lowest level of disability prescribed for purposes of that section. In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of— 1,272; or the monthly amount payable under section 1805(b)(3) of this title for the highest level of disability prescribed for purposes of that section.
(d) Indexing to Social Security Benefit Increases.— Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be subject to adjustment from time to time under section 5312 of this title .
§ 1816 Regulations
The Secretary shall prescribe regulations for purposes of the administration of this subchapter. (Added Pub. L. 106–419, title IV, § 401(a) , Nov. 1, 2000 , 114 Stat. 1859 .)
§ 1821 Benefits for children of certain Korea service veterans born with spina bifida
(a) Benefits Authorized.— The Secretary may provide to any child of a veteran of covered service in Korea who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Korea were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter.
(b) Spina Bifida Conditions Covered.— This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.
(c) Veteran of Covered Service in Korea.— For purposes of this section, a veteran of covered service in Korea is any individual, without regard to the characterization of that individual’s service, who— served in the active military, naval, or air service in or near the Korean demilitarized zone (DMZ), as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967 , and ending on August 31, 1971 ; and is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in or near the Korean demilitarized zone.
(d) Herbicide Agent.— For purposes of this section, the term “herbicide agent” means a chemical in a herbicide used in support of United States and allied military operations in or near the Korean demilitarized zone, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967 , and ending on August 31, 1971 .
§ 1822 Benefits for children of certain Thailand service veterans born with spina bifida
(a) Benefits Authorized.— The Secretary may provide to any child of a veteran of covered service in Thailand who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter.
(b) Spina Bifida Conditions Covered.— This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.
(c) Veteran of Covered Service in Thailand.— For purposes of this section, a veteran of covered service in Thailand is any individual, without regard to the characterization of that individual’s service, who— served in the active military, naval, or air service in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962 , and ending on May 7, 1975 ; and is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in Thailand.
(d) Herbicide Agent.— For purposes of this section, the term “herbicide agent” means a chemical in a herbicide used in support of United States and allied military operations in Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962 , and ending on May 7, 1975 .
§ 1831 Definitions
In this chapter: The term “child” means the following: For purposes of subchapters I and II of this chapter, an individual, regardless of age or marital status, who— is the natural child of a Vietnam veteran; and was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era. For purposes of section 1821 of this title , an individual, regardless of age or marital status, who— is the natural child of a veteran of covered service in Korea (as determined for purposes of that section); and was conceived after the date on which that veteran first entered service described in subsection (c) of that section. For purposes of section 1822 of this title , an individual, regardless of age or marital status, who— is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and was conceived after the date on which that veteran first entered service described in subsection (c) of that section. The term “covered child” means a child who is eligible for health care and benefits under this chapter. The term “covered veteran” means an individual whose children are eligible for health care and benefits under this chapter. The term “Vietnam veteran” means an individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of that individual’s service. The term “Vietnam era” with respect to— subchapter I of this chapter, means the period beginning on January 9, 1962 , and ending on May 7, 1975 ; and subchapter II of this chapter, means the period beginning on February 28, 1961 , and ending on May 7, 1975 . (Added Pub. L. 106–419, title IV, § 401(b) , Nov. 1, 2000 , 114 Stat. 1859 , § 1821; renumbered § 1831 and amended Pub. L. 108–183, title I, § 102(a)(1) , (b), Dec. 16, 2003 , 117 Stat. 2653 , 2654; Pub. L. 116–23, § 4(b) , June 25, 2019 , 133 Stat. 971 ; Pub. L. 118–18, § 1(a) , Oct. 6, 2023 , 137 Stat. 103 .)
§ 1832 Applicability of certain administrative provisions
(a) Applicability of Certain Provisions Relating to Compensation.— The provisions of this title specified in subsection (b) apply with respect to benefits and assistance under this chapter in the same manner as those provisions apply to compensation paid under chapter 11 of this title.
(b) Specified Provisions.— The provisions of this title referred to in subsection (a) are the following: Section 5101(c). Subsections (a), (b)(3), (g), and (i) of section 5110. Section 5111. Subsection (a) and paragraphs (1), (6), (9), and (10) of subsection (b) of section 5112.
§ 1833 Treatment of receipt of monetary allowance and other benefits
(a) Coordination With Other Benefits Paid to the Recipient.— Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of the individual to receive any other benefit to which the individual is otherwise entitled under any law administered by the Secretary.
(b) Coordination With Benefits Based on Relationship of Recipients.— Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which such other individual is entitled under any law administered by the Secretary based on the relationship of such other individual to the individual who receives such monetary allowance.
(c) Monetary Allowance Not To Be Considered as Income or Resources for Certain Purposes.— Notwithstanding any other provision of law, a monetary allowance paid an individual under this chapter shall not be considered as income or resources in determining eligibility for, or the amount of benefits under, any Federal or federally assisted program.
§ 1834 Nonduplication of benefits
(a) Monetary Allowance.— In the case of an eligible child under subchapter II of this chapter whose only covered birth defect is spina bifida, a monetary allowance shall be paid under subchapter I of this chapter. In the case of an eligible child under subchapter II of this chapter who has spina bifida and one or more additional covered birth defects, a monetary allowance shall be paid under subchapter II of this chapter. In the case of a child eligible for benefits under subchapter I or II of this chapter who is also eligible for benefits under subchapter III of this chapter, a monetary allowance shall be paid under the subchapter of this chapter elected by the child.
(b) Vocational Rehabilitation.— An individual may only be provided one program of vocational training under this chapter.
§ 1835 Advisory council
(a) In General.— The Secretary shall establish an advisory council on health care and benefits for covered children.
(b) Membership.— The advisory council established under subsection (a) shall be composed of Federal employees.
(c) Duties.— The advisory council established under subsection (a) shall solicit feedback from covered children and covered veterans on the health care and benefits provided under this chapter and communicate such feedback to the Secretary.
§ 1836 Care and coordination teams
(a) In General.— The Secretary shall establish care and coordination teams for covered children.
(b) Outreach.— A care and coordination team established under subsection (a) shall attempt to contact each covered child— not less frequently than once every 180 days, to ensure the continued care of the child and assist with any changes in care needed due to a changed situation of the child; and as soon as practicable after the identification of a condition listed in the report required by subsection (c).
(c) Report.— Not later than 180 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a list of conditions that will trigger outreach to covered children under subsection (b)(2).
§ 1837 Duration of health care and benefits provided
The Secretary shall provide a covered child with health care and benefits under this chapter— for the duration of the life of the child; and notwithstanding any death of a parent of the child that precedes the death of the child. (Added Pub. L. 118–18, § 1(b) , Oct. 6, 2023 , 137 Stat. 104 .)
§ 1838 Biennial report
Not less frequently than once every two years, the Secretary shall submit to Congress a report setting forth the following: The number of covered children receiving health care or benefits under this chapter as of the date on which the report is submitted. The number of covered children for which the Department is paying for or providing a social worker as of such date. Metrics on outreach conducted under section 1836(b) of this title . (Added Pub. L. 118–18, § 1(b) , Oct. 6, 2023 , 137 Stat. 104 .)