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38 U.S.C. § 3721 — Incontestability
Federal law — U.S. Code and appendices · legal_authorities
Any evidence of guaranty or insurance issued by the Secretary shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this chapter and of the amount of such guaranty or insurance. Nothing in this section shall preclude the Secretary from establishing, as against the original lender, defenses based on fraud or material misrepresentation. The Secretary shall not, by reason of anything contained in this section, be barred from establishing, by regulations in force at the date of such issuance or disbursement, whichever is the earlier, partial defenses to the amount payable on the guaranty or insurance.
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Source location: Title 38, Chapter 37, § 3721; chapter-037-housing-and-small-business-loans.md
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Any evidence of guaranty or insurance issued by the Secretary shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this chapter and of the amount of such guaranty or insurance. Nothing in this section shall preclude the Secretary from establishing, as against the original lender, defenses based on fraud or material misrepresentation. The Secretary shall not, by reason of anything contained in this section, be barred from establishing, by regulations in force at the date of such issuance or disbursement, whichever is the earlier, partial defenses to the amount payable on the guaranty or insurance.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall prescribe regulations for purposes of the administration of this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(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—
(1) 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
(2) 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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 917
TITLE 38—VETERANS’ BENEFITS
§ 3722
first section of this Act [amending subsec. (a)(4) of this
section]. Such report shall include, together with such
other information as the Administrator deems appro-
priate, the name and address of each person with re-
spect to which a waiver of indebtedness has been made
and the total amount of such waiver.’’
ADMINISTRATION OF TRUSTS BY FEDERAL NATIONAL
MORTGAGE ASSOCIATION
Provision for participation sales and administration
of trusts by Federal National Mortgage Association not
to be construed as a repeal or modification of the provi-
sions of subsection (e) of this section respecting the au-
thority of the Administrator of Veterans’ Affairs, see
section 6(a) of Pub. L. 89–429, set out as a note under
section 1717 of Title 12, Banks and Banking.
§ 3721. Incontestability
Any evidence of guaranty or insurance issued
by the Secretary shall be conclusive evidence of
the eligibility of the loan for guaranty or insur-
ance under the provisions of this chapter and of
the amount of such guaranty or insurance.
Nothing in this section shall preclude the Sec-
retary from establishing, as against the original
lender, defenses based on fraud or material mis-
representation. The Secretary shall not, by rea-
son of anything contained in this section, be
barred from establishing, by regulations in force
at the date of such issuance or disbursement,
whichever is the earlier, partial defenses to the
amount payable on the guaranty or insurance.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1213, § 1821;
Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989,
103 Stat. 2077; renumbered § 3721, Pub. L. 102–83,
§ 5(a), Aug. 6, 1991, 105 Stat. 406.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–83 renumbered section 1821 of th
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3721
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