Browse Arkansas Code titles and sections
38 U.S.C. § 2102 — Limitations on assistance furnished
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The assistance authorized by [section 2101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/a&num=0&edition=prelim) shall be afforded under one of the following plans, at the option of the individual—
(1) where the individual elects to construct a housing unit on land to be acquired by such individual, the Secretary shall pay not to exceed 50 percent of the total cost to the individual of (A) the housing unit and (B) the necessary land upon which it is to be situated;
(2) where the individual elects to construct a housing unit on land acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the total cost to the individual of the housing unit and the land necessary for such housing unit, or (B) 50 percent of the cost to the individual of the housing unit plus the full amount of the unpaid balance, if any, of the cost to the individual of the land necessary for such housing unit;
(3) where the individual elects to remodel a dwelling which is not adapted to the requirements of such individual’s disability, acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed (A) the cost to the individual of such remodeling; or (B) 50 percent of the cost to the individual of such remodeling; plus the smaller of the following sums: (i) 50 percent of the cost to the individual of such dwelling and the necessary land upon which it is situated, or (ii) the full amount of the unpaid balance, if any, of the cost to the individual of such dwelling and the necessary land upon which it is situated; and
(4) where the individual has acquired a suitable ho
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2102
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: b315173b92e1cb1daf9fac5afa9fded301f261ef288b28b880f2ee447c75f817. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_1f283f712e47639f18c77a40
Source file: Laws/federal/codes/united-states-code/title-38/section-2102-limitations-on-assistance-furnished--acfb7b8d03.md
Pages: Not recorded – Not recorded
Passage SHA-256: a8ba2ab0a8dfa5a56964c772d5db1a3fd296d1be4f8916e0e8872003035bb340
Source location: Title 38, Chapter 21, § 2102; chapter-021-specially-adapted-housing-for-disabled-veterans.md
Stored source content
**(a)** The assistance authorized by [section 2101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/a&num=0&edition=prelim) shall be afforded under one of the following plans, at the option of the individual—
(1) where the individual elects to construct a housing unit on land to be acquired by such individual, the Secretary shall pay not to exceed 50 percent of the total cost to the individual of (A) the housing unit and (B) the necessary land upon which it is to be situated;
(2) where the individual elects to construct a housing unit on land acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the total cost to the individual of the housing unit and the land necessary for such housing unit, or (B) 50 percent of the cost to the individual of the housing unit plus the full amount of the unpaid balance, if any, of the cost to the individual of the land necessary for such housing unit;
(3) where the individual elects to remodel a dwelling which is not adapted to the requirements of such individual’s disability, acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed (A) the cost to the individual of such remodeling; or (B) 50 percent of the cost to the individual of such remodeling; plus the smaller of the following sums: (i) 50 percent of the cost to the individual of such dwelling and the necessary land upon which it is situated, or (ii) the full amount of the unpaid balance, if any, of the cost to the individual of such dwelling and the necessary land upon which it is situated; and
(4) where the individual has acquired a suitable housing unit, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the cost to the individual of such housing unit and the necessary land upon which it is situated, or (B) the full amount of the unpaid balance, if any, of the cost to the individual of such housing unit and the necessary land upon which it is situated.
**(b)** Except as provided in [section 2104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2104/b&num=0&edition=prelim), the assistance authorized by [section 2101(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/b&num=0&edition=prelim) shall be limited to the lesser of—
(1) the actual cost, or, in the case of an individual acquiring a residence already adapted with special features, the fair market value, of the adaptations determined by the Secretary under such section 2101(b) to be reasonably necessary, or
(2) $19,733.
**(c)** The amount of assistance afforded under subsection (a) for an individual authorized assistance by [section 2101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/a&num=0&edition=prelim) shall not be reduced by reason that title to the housing unit, which is vested in the individual, is also vested in any other person, if the individual resides in the housing unit.
**(d)**
(1) The aggregate amount of assistance available to an individual under [section 2101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/a&num=0&edition=prelim) shall be limited to $98,492.
(2) The aggregate amount of assistance available to an individual under [section 2101(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/b&num=0&edition=prelim) shall be limited to $19,733.
(3) Subject to subsection (f), no veteran may receive more than six grants of assistance under this chapter.
**(e)**
(1) Effective on October 1 of each year (beginning in 2009), the Secretary shall increase the amounts described in subsection (b)(2) and paragraphs (1) and (2) of subsection (d) in accordance with this subsection.
(2) The increase in amounts under paragraph (1) to take effect on October 1 of a year shall be by an amount of such amounts equal to the percentage by which—
(A) the residential home cost-of-construction index for the preceding calendar year, exceeds
(B) the residential home cost-of-construction index for the year preceding the year described in subparagraph (A).
(3) The Secretary shall establish a residential home cost-of-construction index for the purposes of this subsection. The index shall reflect a uniform, national average change in the cost of residential home construction, determined on a calendar year basis. The Secretary may use an index developed in the private sector that the Secretary determines is appropriate for purposes of this subsection.
**(f)**
(1) Beginning October 1, 2030, notwithstanding the aggregate amounts specified in subsection (d), a covered veteran may apply for and receive an additional amount of assistance under subsection (a) or (b) of [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101&num=0&edition=prelim) in an amount that does not exceed half of the amount specified in subsection (d).
(2) In this subsection, a covered veteran is a veteran who—
(A) is described in subsection (a)(2) or (b)(2) of [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101&num=0&edition=prelim);
(B) as of the date of the veteran’s application for assistance under paragraph (1), most recently received assistance under this chapter more than 10 years before such date; and
(C) lives in a home that the Secretary determines does not have adaptations that are reasonably necessary because of the veteran’s disability.
**(g)**
(1) Whenever the Secretary finds that an overpayment has been made to, or on behalf of, a person described in paragraph (2), the Secretary shall determine—
(A) the amounts to recover, if any; and
(B) who is liable to the United States for such overpayment.
(2) A person described in this paragraph is any of the following:
(A) An individual who applied for assistance—
(i) under this chapter; or
(ii) under chapter 31 of this title who is pursuing a rehabilitation program under such chapter in acquiring adaptations to a residence.
(B) An owner or seller of real estate used, or intended to be used, in connection with assistance under this chapter.
(C) A builder, contractor, supplier, tradesperson, corporation, trust, partnership, or other person, who provided services or goods relating to assistance under this chapter.
(D) An attorney, escrow agent, or financial institution, that receives, or holds in escrow, funds relating to assistance under this chapter.
(E) A surviving spouse, heir, assignee, or successor in interest of or to, any person described in this paragraph.
(3)
(A) Any overpayment referred to in this subsection may be recovered in the same manner as any other debt due the United States.
(B) In recovering the overpayment, the Secretary may charge administrative costs, fees, and interest, as appropriate, in a manner similar to the authority under [section 5315 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5315&num=0&edition=prelim).
(4)
(A) The recovery of any overpayment referred to in this subsection may be waived by the Secretary.
(B) Waiver of any such overpayment as to a person described in paragraph (2) shall in no way release any other person described in such paragraph from liability.
(5) The Secretary shall waive recovery under this subsection of any overpayment to a person described in paragraph (2)(A), or a dependent or survivor of such person, that arises from administrative error described in paragraph (7)(A).
(6) Nothing in this subsection shall be construed as precluding the imposition of any civil or criminal liability under this title or any other law.
(7) The Secretary shall prescribe in regulations what constitutes an overpayment for the purposes of this subsection, which, at a minimum, shall include—
(A) administrative error that results in an individual receiving assistance to which that individual is not entitled;
(B) the failure of any person described in paragraph (2) to—
(i) perform or allow to be performed any act relating to assistance under this chapter; or
(ii) compensate any party performing services or supplying goods relating to assistance under this chapter; and
(C) any disbursement of funds relating to assistance under this chapter, that, in the sole discretion of the Secretary, constitutes a misuse of such assistance.
(8) Prior to collecting an overpayment under this subsection, the Secretary shall provide to the person whom the Secretary has determined liable for such overpayment—
(A) notice of the finding by the Secretary of such overpayment;
(B) a reasonable opportunity for such person to remedy the circumstances that effectuated the overpayment; and
(C) a reasonable opportunity for such person to present evidence to the Secretary that an overpayment was not made.
(9) For the purposes of [section 511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section511&num=0&edition=prelim), a decision to collect an overpayment from a person other than a person described in paragraph (2)(A), or a dependent or survivor of such person, may not be treated as a decision that affects the provision of benefits.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.
**(b)** The second sentence of subsection (a) does not apply to—
(1) matters subject to [section 502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section502&num=0&edition=prelim);
(2) matters covered by sections 1975 and 1984 of this title;
(3) matters arising under chapter 37 of this title; and
(4) matters covered by chapter 72 of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 511
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The veterans described in paragraph (2) of this subsection are eligible for the housing loan benefits of this chapter. In the case of any veteran who served on active duty during two or more of the periods specified in paragraph (2) for which eligibility for the housing loan benefits under this chapter may be granted, entitlement derived from service during the most recent such period (A) shall cancel any unused entitlement derived from service during any earlier such period, and (B) shall be reduced by the amount by which entitlement from service during any earlier such period has been used to obtain a direct, guaranteed, or insured housing loan—
(i) on real property which the veteran owns at the time of application; or
(ii) as to which the Secretary has incurred actual liability or loss, unless in the event of loss or the incurrence and payment of such liability by the Secretary the resulting indebtedness of the veteran to the United States has been paid in full.
(2) The veterans referred to in the first sentence of paragraph (1) of this subsection are the following:
(A) Each veteran who served on active duty at any time during World War II, the Korean conflict, or the Vietnam era and whose total service was for 90 days or more.
(B) Each veteran who after September 15, 1940, was discharged or released from a period of active duty for a service-connected disability.
(C) Each veteran, other than a veteran described in clause (A) or (B) of this paragraph, who—
(i) served after July 25, 1947, for a period of more than 180 days and was discharged or released therefrom under conditions other than dishonorable; or
(ii) has served more than 180 days in active duty status and continues on active duty without a break therein.
(D) Each v
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3702
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Acquisition of Housing With Special Features.—**
(1) Subject to paragraphs (3) and (4), the Secretary may assist a disabled veteran described in paragraph (2) in acquiring a suitable housing unit with special fixtures or movable facilities made necessary by the nature of the veteran’s disability, and necessary land therefor.
(2)
(A) A veteran is described in this paragraph if the veteran—
(i) is entitled to compensation under chapter 11 of this title for a service-connected disability that meets any of the criteria described in subparagraph (B); or
(ii) served in the Armed Forces on or after September 11, 2001, and is entitled to compensation under chapter 11 of this title for a permanent service-connected disability that meets the criterion described in subparagraph (C).
(B) The criteria described in this subparagraph are as follows:
(i) The permanent and total disability is due to the loss, or loss of use, of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.
(ii) The permanent disability is due to blindness in both eyes, having central visual acuity of 20/200 or less in the better eye with the use of a standard correcting lens. For the purposes of this clause, an eye with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.
(iii) The permanent and total disability is due to the loss or loss of use of one lower extremity together with—
(I) residuals of organic disease or injury; or
(II) the loss or loss of use of one upper extremity,
which so affect the functions of balance or propulsion as to prec
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary, under regulations which the Secretary shall prescribe, shall provide or assist in providing an automobile or other conveyance to each eligible person by paying the total purchase price of the automobile or other conveyance (including all State, local, and other taxes) or $18,900 (as adjusted from time to time under subsection (e)),11 See Special Benefit Allowance Rates note below. whichever is the lesser, to the seller from whom the eligible person is purchasing under a sales agreement between the seller and the eligible person.
**(b)**
(1) The Secretary, under regulations which the Secretary shall prescribe, shall provide each eligible person the adaptive equipment deemed necessary to insure that the eligible person will be able to operate the automobile or other conveyance in a manner consistent with such person’s own safety and the safety of others and so as to satisfy the applicable standards of licensure established by the State of such person’s residency or other proper licensing authority.
(2) In the case of any veteran (other that a person eligible for assistance under paragraph (1) of this subsection) who is entitled to compensation for ankylosis of one or both knees, or one or both hips, the Secretary, under the terms and conditions set forth in subsections (a), (c), and (d) of [section 3903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3903&num=0&edition=prelim) and under regulations which the Secretary shall prescribe, shall provide such adaptive equipment to overcome the disability resulting from such ankylosis as (A) is necessary to meet the applicable standards of licensure established by the State of such veteran’s residency or other proper licensing authority for the operation of suc
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3902
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim)—
**(a)** if and while the disability is rated 10 percent the monthly compensation shall be $123;
**(b)** if and while the disability is rated 20 percent the monthly compensation shall be $243;
**(c)** if and while the disability is rated 30 percent the monthly compensation shall be $376;
**(d)** if and while the disability is rated 40 percent the monthly compensation shall be $541;
**(e)** if and while the disability is rated 50 percent the monthly compensation shall be $770;
**(f)** if and while the disability is rated 60 percent the monthly compensation shall be $974;
**(g)** if and while the disability is rated 70 percent the monthly compensation shall be $1,228;
**(h)** if and while the disability is rated 80 percent the monthly compensation shall be $1,427;
**(i)** if and while the disability is rated 90 percent the monthly compensation shall be $1,604;
**(j)** if and while the disability is rated as total the monthly compensation shall be $2,673;
**(k)** if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman veteran, has suffered the anatomical loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue, the
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1114
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other provision of this title or of any other law and subject to sections 3485(e) and 5302 of this title, interest and administrative costs (as described in subsections (b) and (c) of this section) shall be charged, under regulations which the Secretary shall prescribe, on any amount owed to the United States—
(1) for an indebtedness resulting from a person’s participation in a benefits program administered by the Secretary other than—
(A) a loan, loan-guaranty, or loan-insurance program;
(B) a disability compensation program;
(C) a pension program; or
(D) an educational assistance program.
(2) for an indebtedness resulting from the provision of care or services under chapter 17 of this title; or
(3) to the extent not precluded by the terms of the loan instruments concerned, for an indebtedness resulting from a person’s participation in a program of loans, loan guaranties, or loan insurance administered by the Secretary under this title.
**(b)**
(1) Interest on the amount of any indebtedness described in subsection (a) of this section shall accrue from the day on which the initial notification of the amount due is mailed to the person who owes such amount (using the most current address of such person that is available to the Secretary), but interest under this section shall not be charged (A) for any period before October 17, 1980, or (B) if the amount due is paid within a reasonable period of time. The Secretary shall, in the regulations prescribed pursuant to subsection (a) of this section, prescribe what constitutes a reasonable period of time for payment of an indebtedness after the initial notification of indebtedness has been mailed.
(2) The rate of interest to be charged under this section shall be based on the rate
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5315
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In any case in which a veteran dies as the result of a service-connected disability or disabilities, the Secretary, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the greater of (1) $2,000, or (2) the amount authorized to be paid under [section 8134(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8134/a&num=0&edition=prelim) in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under subsections (a)(1) and (b)(2) of [section 2303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2303&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2307
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 597
TITLE 38—VETERANS’ BENEFITS
§ 2102
‘‘(i) the number of eligible veterans provided as-
sistance under the pilot program;
‘‘(ii) the socioeconomic characteristics of such
veterans, including their gender, age, race, and
ethnicity;
‘‘(iii) the total number, types, and locations of
entities contracted under such program to admin-
ister the grant funding;
‘‘(iv) the amount of matching funds and in-kind
contributions raised with each grant;
‘‘(v) a description of the housing rehabilitation
and modification services provided, costs saved,
and actions taken under such program;
‘‘(vi) a description of the outreach initiatives
implemented by the Secretary to educate the
general public and eligible entities about such
program;
‘‘(vii) a description of the outreach initiatives
instituted by grant recipients to engage eligible
veterans and veteran service organizations in
projects utilizing grant funds under such pro-
gram;
‘‘(viii) a description of the outreach initiatives
instituted by grant recipients to identify eligible
veterans and their families; and
‘‘(ix) any other information that the Secretary
considers relevant in assessing such program.
‘‘(B) FINAL
REPORT.—Not later than 6 months
after the completion of the pilot program, the Sec-
retary shall submit to Congress a report that pro-
vides such information that the Secretary considers
relevant in assessing the pilot program.
‘‘(C) INSPECTOR GENERAL REPORT.—Not later than
March 31, 2019, the Inspector General of the Depart-
ment of Housing and Urban Development shall sub-
mit to the Chairmen and Ranking Members of the
Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial
Services of the House of Representatives a report
containing a review of—
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 2102
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.