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38 U.S.C. § 2101 — Acquisition and adaptation of housing: eligible veterans
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
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Source location: Title 38, Chapter 21, § 2101; chapter-021-specially-adapted-housing-for-disabled-veterans.md
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**(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 preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.
(iv) The permanent and total disability is due to the loss, or loss of use, of both upper extremities such as to preclude use of the arms at or above the elbows.
(v) The permanent and total disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).
(C) The criterion described in this subparagraph is that the disability—
(i) was incurred on or after September 11, 2001; and
(ii) is due to the loss or loss of use of one or more lower extremities which so affects the functions of balance or propulsion as to preclude ambulating without the aid of braces, crutches, canes, or a wheelchair.
(3) The regulations prescribed under subsection (d) shall require that assistance under paragraph (1) may be provided to a veteran only if the Secretary finds that—
(A) it is medically feasible for the veteran to reside in the proposed housing unit and in the proposed locality;
(B) the proposed housing unit bears a proper relation to the veteran’s present and anticipated income and expenses; and
(C) the nature and condition of the proposed housing unit are such as to be suitable to the veteran’s needs for dwelling purposes.
(4) In any fiscal year, the Secretary may not approve more than 120 applications for assistance under paragraph (1) for disabled veterans described in paragraph (2)(A)(ii).
**(b) Adaptations to Residence of Veteran.—**
(1) Subject to paragraph (3), the Secretary shall assist any disabled veteran described in paragraph (2) (other than a veteran who is eligible for assistance under subsection (a))—
(A) in acquiring such adaptations to such veteran’s residence as are determined by the Secretary to be reasonably necessary because of such disability; or
(B) in acquiring a residence already adapted with special features determined by the Secretary to be reasonably necessary for the veteran because of such disability.
(2) A veteran is described in this paragraph if the veteran is entitled to compensation under chapter 11 of this title for a service-connected disability that meets any of the following criteria:
(A) A permanent and total disability that includes the anatomical loss or loss of use of both hands.
(B) A permanent and total disability that is due to a severe burn injury (as so determined).
(3) Assistance under paragraph (1) may be provided only to a veteran who the Secretary determines—
(A) is residing in and reasonably intends to continue residing in a residence owned by such veteran or by a member of such veteran’s family; or
(B) if the veteran’s residence is to be constructed or purchased, will be residing in and reasonably intends to continue residing in a residence owned by such veteran or by a member of such veteran’s family.
**(c) Regulations.—** Assistance under this section shall be provided in accordance with such regulations as the Secretary may prescribe.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There is in the Department an Office of National Veterans Sports Programs and Special Events. There is at the head of the Office a Director, who shall report to an appropriate official of the Veterans Health Administration, as determined by the Secretary, or to the Deputy Secretary or Secretary.
**(b) Responsibilities of Director.—** Subject to the direction of the Secretary, the Director—
(1) shall establish and carry out qualifying programs and events;
(2) may provide for sponsorship by the Department of qualifying programs and events;
(3) may provide for, facilitate, and encourage participation by disabled veterans in qualifying programs and events;
(4) shall, to the extent feasible, cooperate with entities with significant experience in managing large-scale adaptive sports programs;
(5) shall seek sponsorships and donations from the private sector to defray costs of carrying out the responsibilities of the Director to the maximum extent feasible; and
(6) may carry out such other responsibilities as the Secretary determines are appropriate.
**(c) Qualifying Program or Event.—** For purposes of this section, a qualifying program or event is a sports program or other event in which disabled veterans and disabled members of the Armed Forces participate and that is approved by the Secretary as being consistent with the goals and missions of the Department.
**(d) Monthly Assistance Allowance.—**
(1) Subject to the availability of appropriations for such purpose, the Secretary may provide a monthly assistance allowance to—
(A) a veteran with a disability invited by the United States Olympic & Paralympic Committee to compete for a slot on, or selected for, the Paralympic Team for any month in which the veteran is training or competing in
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 322
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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
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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary may recognize representatives of the American National Red Cross, the American Legion, the Disabled American Veterans, the United Spanish War Veterans, the Veterans of Foreign Wars, and such other organizations as the Secretary may approve, in the preparation, presentation, and prosecution of claims under laws administered by the Secretary.
(2) The Secretary may, in the discretion of the Secretary, furnish, if available, space and office facilities for the use of paid full-time representatives of national organizations so recognized.
**(b)**
(1) No individual shall be recognized under this section—
(A) unless the individual has certified to the Secretary that no fee or compensation of any nature will be charged any individual for services rendered in connection with any claim; and
(B) unless, with respect to each claim, such individual has filed with the Secretary a power of attorney, executed in such manner and form as the Secretary may prescribe.
(2) An individual recognized under this section shall be subject to the provisions of [section 5904(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5904/b&num=0&edition=prelim) on the same basis as an individual recognized under [section 5904(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5904/a&num=0&edition=prelim).
**(c)**
(1) Unless a claimant specifically indicates in a power of attorney filed with the Department a desire to appoint only a recognized representative of an organization listed in or approved under subsection (a), the Secretary may, for any purpose, treat the power of attorney naming such an organization, a specific office of such an organization, or a recognized representative
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5902
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Federal law — U.S. Code and appendices · legal_authorities
Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provision of Assistance.—** In the case of a disabled individual who 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) and who is residing, but does not intend to permanently reside, in a residence owned by a member of such individual’s family, the Secretary may assist the individual in acquiring such adaptations to such residence as are determined by the Secretary to be reasonably necessary because of the individual’s disability.
**(b) Amount of Assistance.—**
(1) The assistance authorized under subsection (a) may not exceed—
(A) $28,000, in the case of an individual described in [section 2101(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/a/2&num=0&edition=prelim); or
(B) $5,000, in the case of an individual described in [section 2101(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/b/2&num=0&edition=prelim).
(2) Effective on October 1 of each year (beginning in 2012), the Secretary shall use the same percentage calculated pursuant to [section 2102(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2102/e&num=0&edition=prelim) to increase the amounts described in paragraph (1) of this subsection.
**(c) Limitation.—** The assistance authorized by subsection (a) shall be limited in the case of any individual to one residence.
**(d) Regulations.—** Assistance under this section shall be provided in accordance with such regulations as the Secretary may prescribe.
**(e) Termination.—** No assistance may be provided under this section after September 30, 2026.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2102A
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any individual who accepts the benefits of this chapter shall not by reason thereof be denied the benefits of chapter 37 of this title.
**(b)** An individual eligible for assistance 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 not by reason of such eligibility be denied benefits for which such individual becomes eligible under [section 2101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2101/a&num=0&edition=prelim) or benefits relating to home health services under [section 1717(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1717/a/2&num=0&edition=prelim).
**(c)** The Secretary may not provide assistance to a veteran under this chapter if the Secretary determines such assistance would result in a duplication of benefits under this title to the veteran.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2104
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Federal law — U.S. Code and appendices · legal_authorities
Page 593
TITLE 38—VETERANS’ BENEFITS
§ 2101
Editorial Notes
CODIFICATION
Section 404(a) of Pub. L. 118–210, which directed the
addition of this section at the end of subtitle VII of this
chapter, was executed by adding this section at the end
of subchapter VII of this chapter, to reflect the prob-
able intent of Congress.
CHAPTER 21—SPECIALLY ADAPTED
HOUSING FOR DISABLED VETERANS
Sec.
2101.
Acquisition and adaptation of housing: eligi-
ble veterans.
2101A.
Eligibility for benefits and assistance: mem-
bers of the Armed Forces with service-con-
nected disabilities; individuals residing out-
side the United States.
2102.
Limitations on assistance furnished.
2102A.
Assistance for individuals residing tempo-
rarily in housing owned by a family mem-
ber.
2102B.
Adaptations to residences of veterans in reha-
bilitation programs.
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 tech-
nology grant program.
2109.
Specially adapted housing destroyed or dam-
aged by natural disasters.
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–177, § 1(d), June 1, 2018, 132 Stat. 1378,
added item 2102B.
2012—Pub. L. 112–154, title VII, § 701(a)(2), Aug. 6, 2012,
126 Stat. 1203, added item 2109.
2010—Pub. L. 111–275, title II, § 203(b), Oct. 13, 2010, 124
Stat. 2874, added item 2108.
2008—Pub. L. 110–289, div. B, title VI, § 2602(b)(8), July
30, 2008, 122 Stat. 2860, substituted ‘‘Acquisition and ad-
aptation of housing: eligible veterans’’ for ‘‘Veterans
eligible for assistance’’ in item 2101, added item 2101A,
and substituted ‘‘indivi
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 2101
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.