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38 U.S.C. § 1506 — Resource reports and overpayment adjustments
Federal law — U.S. Code and appendices · legal_authorities
As a condition of granting or continuing pension under section 1521, 1541, or 1542 of this title, the Secretary—
(1) may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Secretary determines to be necessary in order to determine the annual income and the value of the corpus of the estate of such person, and of any spouse or child for whom the person is receiving or is to receive increased pension (such a child is hereinafter in this subsection referred to as a “dependent child”), and, in the case of a child applying for or in receipt of pension under [section 1542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1542&num=0&edition=prelim) (hereinafter in this subsection referred to as a “surviving child”), of any person with whom such child is residing who is legally responsible for such child’s support;
(2) may require that any such applicant or recipient file for a calendar year with the Department (on such form as may be prescribed for such purpose by the Secretary) a report showing—
(A) the annual income which such applicant or recipient (and any such spouse or dependent child) received during the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any person with whom such child is residing who is legally responsible for such child’s support;
(B) such applicant’s or recipient’s estimate for the then current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the es
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Stable record: federal_law:legal_authorities:record_usc_0c1908d81558254599bd0690
Source file: Laws/federal/codes/united-states-code/title-38/section-1506-resource-reports-and-overpayment-adjustments--c3d78388ff.md
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Source location: Title 38, Chapter 15, § 1506; chapter-015-pension-for-non-service-connected-disability-or-death-or-for-service.md
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As a condition of granting or continuing pension under section 1521, 1541, or 1542 of this title, the Secretary—
(1) may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Secretary determines to be necessary in order to determine the annual income and the value of the corpus of the estate of such person, and of any spouse or child for whom the person is receiving or is to receive increased pension (such a child is hereinafter in this subsection referred to as a “dependent child”), and, in the case of a child applying for or in receipt of pension under [section 1542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1542&num=0&edition=prelim) (hereinafter in this subsection referred to as a “surviving child”), of any person with whom such child is residing who is legally responsible for such child’s support;
(2) may require that any such applicant or recipient file for a calendar year with the Department (on such form as may be prescribed for such purpose by the Secretary) a report showing—
(A) the annual income which such applicant or recipient (and any such spouse or dependent child) received during the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any person with whom such child is residing who is legally responsible for such child’s support;
(B) such applicant’s or recipient’s estimate for the then current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the estate of such applicant or recipient (and for any such spouse or dependent child); and
(C) in the case of a surviving child, an estimate for the then current year of the annual income of any person with whom such child is residing who is legally responsible for such child’s support and of any expected increase in the value of the corpus of the estate of such person;
(3) shall require that any such applicant or recipient promptly notify the Secretary whenever there is a material change in the annual income of such applicant or recipient (or of any such spouse or dependent child) or a material change in the value of the corpus of the estate of such applicant or recipient (or of any such spouse or dependent child), and in the case of a surviving child, a material change in the annual income or value of the corpus of the estate of any person with whom such child is residing who is legally responsible for such child’s support; and
(4) shall require that any such applicant or recipient applying for or in receipt of increased pension on account of a person who is a spouse or child of such applicant or recipient promptly notify the Secretary if such person ceases to meet the applicable definition of spouse or child.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In determining annual income under this chapter, all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived, irrespective of whether the waiver was made pursuant to statute, contract, or otherwise) shall be included except—
(1) donations from public or private relief or welfare organizations;
(2) payments under this chapter;
(3) amounts equal to amounts paid by a spouse of a veteran for the expenses of such veteran’s last illness, and by a surviving spouse or child of a deceased veteran for—
(A) such veteran’s just debts,
(B) the expenses of such veteran’s last illness, and
(C) the expenses of such veteran’s burial to the extent such expenses are not reimbursed under chapter 23 of this title;
(4) amounts equal to amounts paid—
(A) by a veteran for the last illness and burial of such veteran’s deceased spouse or child, or
(B) by the spouse of a living veteran or the surviving spouse of a deceased veteran for the last illness and burial of a child of such veteran;
(5) payments regarding reimbursements of any kind (including insurance settlement payments) for expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from—
(A) any accident (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident;
(B) any theft or loss (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1503
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran’s willful misconduct, pension at the rate prescribed by this section, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim).
**(b)** If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran’s spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $11,830, reduced by the amount of the veteran’s annual income.
**(c)** If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $15,493, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members.
**(d)**
(1) If the vetera
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1521
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall provide any veteran who has a service-connected disability rated at 10 percent or more and who applies for benefits under this chapter with an initial evaluation consisting of such services described in [section 3104(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a/1&num=0&edition=prelim) as are necessary (1) to determine whether such veteran is entitled to and eligible for benefits under this chapter, and (2) in the case of a veteran who is determined to be entitled to and eligible for such benefits, to determine—
(A) whether such veteran has a serious employment handicap, and
(B) whether the achievement of a vocational goal currently is reasonably feasible for such veteran if it is reasonably feasible to make such determination without extended evaluation.
**(b)** In any case in which the Secretary has determined that a veteran has a serious employment handicap and that the achievement of a vocational goal currently is reasonably feasible for such veteran, such veteran shall be provided an individualized written plan of vocational rehabilitation developed under [section 3107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3107/a&num=0&edition=prelim).
**(c)** In any case in which the Secretary has determined that a veteran has a serious employment handicap but the Secretary is unable to determine, in an initial evaluation pursuant to subsection (a) of this section, whether or not the achievement of a vocational goal currently is reasonably feasible, such veteran shall be provided with an extended evaluation consisting of the services described in [section 3104(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3106
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to subsections (b) and (d) of this section and [section 3485(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3485/e&num=0&edition=prelim), the Secretary shall (unless the Secretary waives recovery under [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5302&num=0&edition=prelim)) deduct the amount of the indebtedness of any person who has been determined to be indebted to the United States by virtue of such person’s participation in a benefits program administered by the Secretary from future payments made to such person under any law administered by the Secretary.
(2) The Secretary may not make a deduction under paragraph (1) while the existence or amount of such indebtedness is disputed under [section 5314A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5314a&num=0&edition=prelim).
**(b)** Deductions may not be made under subsection (a) of this section with respect to the indebtedness of a person described in such subsection unless the Secretary—
(1) has made reasonable efforts to notify such person of such person’s right to dispute through prescribed administrative processes the existence or amount of such indebtedness and of such person’s right to request a waiver of such indebtedness under [section 5302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5302&num=0&edition=prelim);
(2) has made a determination with respect to any such dispute or request or has determined that the time required to make such a determination before making deductions would jeopardize the Secretary’s ability to recover the full amount of such indebtedness through deductions from su
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5314
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Federal law — U.S. Code and appendices · legal_authorities
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, air, or space 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 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.
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) 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, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are to provide for all services and assistance necessary to enable veterans with service-connected disabilities to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3100
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall pay to each child (1) who is the child of a deceased veteran of a period of war who met the service requirements prescribed in [section 1521(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521/j&num=0&edition=prelim), or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, and (2) who is not in the custody of a surviving spouse eligible for pension under [section 1541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1541&num=0&edition=prelim), pension at the annual rate of $2,020, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim) and reduced by the amount of such child’s annual income; or, if such child is residing with a person who is legally responsible for such child’s support, at an annual rate equal to the amount by which the appropriate annual rate provided under [section 1541(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1541/c&num=0&edition=prelim) exceeds the sum of the annual income of such child and such person, but in no event may such annual rate of pension exceed the amount by which $2,020, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim), exceeds the annual income of such child. The appropriate annual rate under such section 1541(c) for the purposes of the preceding sentence shall be determined in accordance with regulations which the Secretary shall prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1542
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Services and assistance which the Secretary may provide under this chapter, pursuant to regulations which the Secretary shall prescribe, include the following:
(1) Evaluation, including periodic reevaluations as appropriate with respect to a veteran participating in a rehabilitation program, of the potential for rehabilitation of a veteran, including diagnostic and related services (A) to determine whether the veteran has an employment handicap or a serious employment handicap and whether a vocational goal is reasonably feasible for such veteran, and (B) to provide a basis for planning a suitable vocational rehabilitation program or a program of services and assistance to improve the vocational rehabilitation potential or independent living status of such veteran, as appropriate.
(2) Educational, vocational, psychological, employment, and personal adjustment counseling.
(3) An allowance and other appropriate assistance, as authorized by [section 3108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3108&num=0&edition=prelim).
(4) A work-study allowance as authorized by [section 3485 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3485&num=0&edition=prelim).
(5) Placement services to effect suitable placement in employment, and postplacement services to attempt to insure satisfactory adjustment in employment.
(6) Personal adjustment and work adjustment training.
(7)
(A) Vocational and other training services and assistance, including individualized tutorial assistance, tuition, fees, books, supplies, handling charges, licensing fees, and equipment and other training materials determined by the Secretary to be necessary to accomplish the purposes of the rehabilitation pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3104
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Federal law — U.S. Code and appendices · legal_authorities
An annuity under this subchapter is in addition to any pension or other payment to which the beneficiary is entitled under any other provision of law, and may not be considered as income under any law administered by the Department of Veterans Affairs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1441
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) The term “special disabled veteran” means—
(A) a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary for a disability (i) rated at 30 percent or more, or (ii) rated at 10 or 20 percent in the case of a veteran who has been determined under [section 3106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106&num=0&edition=prelim) to have a serious employment handicap; or
(B) a person who was discharged or released from active duty because of service-connected disability.
(2) The term “veteran of the Vietnam era” means an eligible veteran any part of whose active military, naval, or air service was during the Vietnam era.
(3) The term “disabled veteran” means (A) a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary, or (B) a person who was discharged or released from active duty because of a service-connected disability.
(4) The term “eligible veteran” means a person who—
(A) served on active duty for a period of more than 180 days and was discharged or released therefrom with other than a dishonorable discharge;
(B) was discharged or released from active duty because of a service-connected disability;
(C) as a member of a reserve component under an order to active duty pursuant to section 12301(a), (d), or (g), 12302, or 12304 of title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge; or
(D) was
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4211
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