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38 U.S.C. § 3904 — Research and development

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3904 — Research and development

**(a)** In carrying out medical and prosthetic research under [section 7303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7303&num=0&edition=prelim), the Secretary, through the Under Secretary for Health, shall provide for special emphasis on the research and development of adaptive equipment and adapted conveyances (including vans) meeting standards of safety and quality prescribed under subsection (d) of section 3903, including support for the production and distribution of devices and conveyances so developed. **(b)** In carrying out subsection (a) of this section, the Secretary, through the Under Secretary for Health, shall consult and cooperate with the Secretary of Health and Human Services and the Secretary of Education, in connection with programs carried out under section 204(b)(3) of the Rehabilitation Act of 1973 (relating to the establishment and support of Rehabilitation Engineering Research Centers).

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Source location: Title 38, Chapter 39, § 3904; chapter-039-automobiles-and-adaptive-equipment-for-certain-disabled-veterans-and-members-of-the-armed-forces.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 111 — Payments or allowances for beneficiary travel

**(a)** Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (at a rate of 41.5 cents per mile), of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. **(b)** (1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible: (A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability. (B) A veteran with a service-connected disability rated at 30 percent or more. (C) A veteran receiving pension under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim). (D) A veteran (i) who is not traveling by air and whose annual income (as determined under [secti

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1904 — Plans of insurance

**(a)** Insurance may be issued on the following plans: Five-year level premium term, ordinary life, twenty-payment life, thirty-payment life, twenty-year endowment, endowment at age sixty, and endowment at age sixty-five. Level premium term insurance may be converted as of the date when any premium becomes or has become due, or exchanged as of the date of the original policy, upon payment of the difference in reserve, at any time while such insurance is in force and within the term period to any of the foregoing permanent plans of insurance, except that conversion to an endowment plan may not be made while the insured is totally disabled. **(b)** Under such regulations as the Secretary may promulgate a policy of participating insurance may be converted to or exchanged for insurance issued under this subsection on a modified life plan. Insurance issued under this subsection shall be on the same terms and conditions as the insurance which it replaces, except (1) the premium rates for such insurance shall be based on the 1958 Commissioners Standard Ordinary Basic Table of Mortality and interest at the rate of 3 per centum per annum; (2) all cash, loan, paid-up, and extended values shall be based on the 1958 Commissioners Standard Ordinary Basic Table of Mortality and interest at the rate of 3 per centum per annum; and (3) at the end of the day preceding the sixty-fifth birthday of the insured the face value of the modified life insurance policy or the amount of extended term insurance thereunder shall be automatically reduced by one-half thereof, without any reduction in premium. **(c)** Under such regulations as the Secretary may promulgate, a policy of nonparticipating insurance may be converted to or exchanged for insurance issued under this subsection on a modified

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7106 — Repealed. Pub. L. 115–55, § 2(s)(1), Aug. 23, 2017, 131 Stat. 1112]

### Statutory Notes Section, added Pub. L. 87–666, § 1, Sept. 19, 1962, 76 Stat. 554, § 4006; renumbered § 7106 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405, related to application for administrative appeals. Provisions similar to those comprising this section were contained in subsec. (c)(2) of former [section 4005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4005&num=0&edition=prelim), prior to the general amendment of sections 4005 to 4007 by Pub. L. 87–666. #### Effective Date of Repeal Repeal applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under [section 5104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104&num=0&edition=prelim) on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under [section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim), and bracketed note thereunder.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3901 — Definitions

For purposes of this chapter: (1) The term “eligible person” means the following: (A) Any veteran entitled to compensation under chapter 11 of this title for any of the following disabilities, if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, air, or space service: (i) The loss or permanent loss of use of one or both feet. (ii) The loss or permanent loss of use of one or both hands. (iii) The permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye. (iv) A severe burn injury (as determined pursuant to regulations prescribed by the Secretary). (B) Any member of the Armed Forces serving on active duty who is suffering from any disability described in clause (i), (ii), (iii), or (iv) of subparagraph (A) if such disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, air, or space service. (2) The term “adaptive equipment” includes, but is not limited to, power steering, power brakes, power window lifts, power seats, special equipment necessary to assist the eligible person into and out of the automobile or other conveyance, and nonarticulating trailers solely designed to transport powered wheelchairs, powered scooters, or other similar mobility devices. Such term also includes (A) air-conditioning equipment when such equipment is necessary to the health and safety of the vetera

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7107 — Appeals: dockets; hearings

**(a) Dockets.—** (1) Subject to paragraph (2), the Board shall maintain at least two separate dockets. (2) The Board may not maintain more than two separate dockets unless the Board notifies the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives of any additional docket, including a justification for maintaining such additional docket. (3) (A) The Board may assign to each docket maintained under paragraph (1) such cases as the Board considers appropriate, except that cases described in clause (i) of subparagraph (B) may not be assigned to any docket to which cases described in clause (ii) of such paragraph are assigned. (B) Cases described in this paragraph are the following: (i) Cases in which no Board hearing is requested. (ii) Cases in which a Board hearing is requested in the notice of disagreement. (4) Except as provided in subsection (b), each case before the Board will be decided in regular order according to its respective place on the docket to which it is assigned by the Board. **(b) Advancement on the Docket.—** (1) A case on one of the dockets of the Board maintained under subsection (a) may, for cause shown, be advanced on motion for earlier consideration and determination. (2) Any such motion shall set forth succinctly the grounds upon which the motion is based. (3) Such a motion may be granted only— (A) if the case involves interpretation of law of general application affecting other claims; (B) if the appellant is seriously ill or is under severe financial hardship; or (C) for other sufficient cause shown. **(c) Manner and Scheduling of Hearings for Cases on a Docket That May Include a Hearing.—** (1) For cases on a docket maintained by the Board under su

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7303 — Functions of Veterans Health Administration: research programs

**(a)** (1) In order to carry out more effectively the primary function of the Administration and in order to contribute to the Nation’s knowledge about disease and disability, the Secretary shall carry out a program of medical research in connection with the provision of medical care and treatment to veterans. Funds appropriated to carry out this section shall remain available until expended. (2) Such program of medical research shall include biomedical research, mental illness research, prosthetic and other rehabilitative research, and health-care-services research. (3) Such program shall stress— (A) research into spinal-cord injuries and other diseases that lead to paralysis of the lower extremities; and (B) research into injuries and illnesses particularly related to service. (4) In carrying out such research program, the Secretary shall act in cooperation with the entities described in [section 7302(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7302/d&num=0&edition=prelim). **(b)** Prosthetic research shall include research and testing in the field of prosthetic, orthotic, and orthopedic appliances and sensory devices. In order that the unique investigative material and research data in the possession of the Government may result in the improvement of such appliances and devices for all disabled persons, the Secretary (through the Under Secretary for Health) shall make the results of such research available to any person, and shall consult and cooperate with the Secretary of Health and Human Services and the Secretary of Education, in connection with programs carried out under section 204(b)(3) of the Rehabilitation Act of 1973 (relating to the establishment and support of Rehabilitation Engineering Researc

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3904 — Research and development

Page 950 TITLE 38—VETERANS’ BENEFITS § 3904 Subsec. (e)(3). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in two places. 1984—Subsec. (c). Pub. L. 98–543 designated existing provisions as par. (1), substituted ‘‘two automobiles or other conveyances at any one time or (except as pro- vided in paragraph (2) of this subsection) during any four-year period’’ for ‘‘one automobile or other convey- ance at any one time’’, and added par. (2). 1981—Subsec. (b). Pub. L. 97–66 substituted ‘‘the Ad- ministrator shall prescribe’’ for ‘‘he shall prescribe’’ and ‘‘such person’s’’ for ‘‘his’’ in two places. 1976—Subsec. (e)(1). Pub. L. 94–581, § 108(1), substituted ‘‘any veteran, eligible for care under chapter 17 of this title or member of the Armed Forces, who is deter- mined’’ for ‘‘any veteran or member of the Armed Forces, eligible for care under chapter 17 of this title, who is determined’’. Subsec. (e)(3). Pub. L. 94–581, § 108(2), added par. (3). 1974—Pub. L. 93–538, § 4(b), substituted ‘‘Limitations on assistance; special training courses’’ for ‘‘Limita- tions on assistance’’ in section catchline. Subsec. (e). Pub. L. 93–538, § 4(a), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–154 effective on the date that is one year after Aug. 6, 2012, see section 701(g) of Pub. L. 112–154, set out as an Effective Date note under section 2109 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–543, title III, § 305(c), Oct. 24, 1984, 98 Stat. 2748, provided that: ‘‘(1) The amendments made by this section [amending this section and section 1

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