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38 U.S.C. § 3902 — Assistance for providing automobile and adaptive equipment

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

38 U.S.C. § 3902 — Assistance for providing automobile and adaptive equipment

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Source location: Title 38, Chapter 39, § 3902; chapter-039-automobiles-and-adaptive-equipment-for-certain-disabled-veterans-and-members-of-the-armed-forces.md

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**(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 such veteran’s automobile or other conveyance by such veteran, and (B) is determined to be necessary by the Under Secretary for Health for the safe operation of such automobile or other conveyance by such veteran. **(c)** In accordance with regulations which the Secretary shall prescribe, the Secretary shall (1) repair, replace, or reinstall adaptive equipment deemed necessary for the operation of an automobile or other conveyance acquired in accordance with the provisions of this chapter, and (2) provide, repair, replace, or reinstall such adaptive equipment for any automobile or other conveyance which an eligible person may previously or subsequently have acquired. **(d)** If an eligible person cannot qualify to operate an automobile or other conveyance, the Secretary shall provide or assist in providing an automobile or other conveyance to such person, as provided in subsection (a) of this section, if the automobile or other conveyance is to be operated for the eligible person by another person. **(e)** Effective on October 1 of each year (beginning in 2011), the Secretary shall increase the dollar amount in effect under subsection (a) by a percentage equal to the percentage by which the Consumer Price Index for all urban consumers (U.S. city average) increased during the 12-month period ending with the last month for which Consumer Price Index data is available. In the event that such Consumer Price Index does not increase during such period, the Secretary shall maintain the dollar amount in effect under subsection (a) during the previous fiscal year.

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

38 U.S.C. § 2102 — Limitations on assistance furnished

**(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

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

38 U.S.C. § 1902 — Premium rates and policy values

Premium rates for insurance shall be the net rates based upon the American Experience Table of Mortality and interest at the rate of 3 per centum per annum. All cash, loan, paid-up, and extended values, and all other calculations in connection with insurance, shall be based upon said American Experience Table of Mortality and interest at the rate of 3 per centum per annum.

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

38 U.S.C. § 3903 — Limitations on assistance; special training courses

**(a)** (1) Except as provided in paragraphs (2) and (3), no eligible person shall be entitled to receive more than one automobile or other conveyance under the provisions of this chapter, and no payment shall be made under this chapter for the repair, maintenance, or replacement of an automobile or other conveyance. (2) The Secretary may provide or assist in providing an eligible person with a second automobile or other conveyance under this chapter if— (A) the Secretary receives satisfactory evidence that the automobile or other conveyance previously purchased with assistance under this chapter was destroyed— (i) as a result of a natural or other disaster, as determined by the Secretary; and (ii) through no fault of the eligible person; and (B) the eligible person does not otherwise receive from a property insurer compensation for the loss. (3) The Secretary may provide or assist in providing an eligible person with an additional automobile or other conveyance under this chapter— (A) if more than 30 years have elapsed since the eligible person most recently received an automobile or other conveyance under this chapter; or (B) beginning on the day that is 10 years after date 11 So in original. Probably should be preceded by “the”. of the enactment of the Veterans Auto and Education Improvement Act of 2022, if more than 10 years have elapsed since the eligible person most recently received an automobile or other conveyance under this chapter. **(b)** (1) Except as provided in subsection (d) of [section 3902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3902&num=0&edition=prelim), no eligible person shall be provided an automobile or other conveyance under this chapter until it is established to the

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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. § 1114 — Rates of wartime disability compensation

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

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

38 U.S.C. § 5902 — Recognition of representatives of organizations

**(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

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

42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

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

38 U.S.C. § 1903 — Amount of insurance

Insurance shall be issued in any multiple of $500 and the amount of insurance with respect to any one person shall be not less than $1,000 or more than $10,000. No person may carry a combined amount of National Service Life Insurance and United States Government life insurance in excess of $10,000 at any one time. The limitations of this section shall not apply to the additional paid up insurance the purchase of which is authorized under [section 1907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1907&num=0&edition=prelim).

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

38 U.S.C. § 3902 — Assistance for providing automobile and

Page 946 TITLE 38—VETERANS’ BENEFITS § 3902 1 See Special Benefit Allowance Rates note below. Par. (1)(A). Pub. L. 111–275, § 803(a)(1)(A), (b)(2)(B)(i), in introductory provisions, substituted ‘‘Any veteran’’ for ‘‘any veteran’’ and ‘‘the following disabilities’’ for ‘‘the disabilities described in subclause (i), (ii), or (iii) below’’. Par. (1)(A)(i), (ii). Pub. L. 111–275, § 803(b)(2)(B)(ii), substituted period for semicolon at end. Par. (1)(A)(iii). Pub. L. 111–275, § 803(b)(2)(B)(iii), sub- stituted period for ‘‘; or’’ at end. Par. (1)(A)(iv). Pub. L. 111–275, § 803(a)(1)(B), added cl. (iv). Par. (1)(B). Pub. L. 111–275, § 803(a)(2), (b)(2)(C), sub- stituted ‘‘Any member’’ for ‘‘any member’’ and ‘‘clause (i), (ii), (iii), or (iv) of subparagraph (A)’’ for ‘‘subclause (i), (ii), or (iii) of clause (A) of this paragraph’’. 1991—Pub. L. 102–83 renumbered section 1901 of this title as this section. 1977—Par. (1). Pub. L. 95–116 struck out ‘‘on or after September 16, 1940’’ after ‘‘or air service’’ in cls. (A) and (B). 1976—Par. (1). Pub. L. 94–433, § 303(1), (2), substituted ‘‘on or after September 16, 1940’’ for ‘‘during World War II or thereafter’’ in cls. (A) and (B). 1974—Par. (1)(A). Pub. L. 93–538, § 2(1), substituted ‘‘World War II or thereafter’’ for ‘‘World War II, or the Korean conflict; or if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service performed after January 31, 1955, and the injury was incurred or the dis- ease was contracted in line of duty as a direct result of the performance of military duty.’’ Par. (1)(B). Pub. L. 93–538, § 2(2), substituted ‘‘World War II or thereafter’’ for ‘‘World War II, the Korean conflict, or the Vietnam era; or

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