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38 U.S.C. § 3101 — Definitions

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

38 U.S.C. § 3101 — Definitions

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Stable record: federal_law:legal_authorities:record_usc_8e7b32fa01e0aaca7998c4f2
Source file: Laws/federal/codes/united-states-code/title-38/section-3101-definitions--bc2c452ebd.md
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Source location: Title 38, Chapter 31, § 3101; chapter-031-training-and-rehabilitation-for-veterans-with-service-connected-disabilities.md

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For the purposes of this chapter— (10) 11 So in original. Probably should be “(1)”. The term “emergency situation” has the meaning given such term in [section 3601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3601&num=0&edition=prelim). (2) The term “employment handicap” means an impairment, resulting in substantial part from a disability described in [section 3102(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3102/1/A&num=0&edition=prelim), of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests. (3) The term “independence in daily living” means the ability of a veteran, without the services of others or with a reduced level of the services of others, to live and function within such veteran’s family and community. (4) The term “program of education” has the meaning provided in [section 3452(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3452/b&num=0&edition=prelim). (5) The term “program of independent living services and assistance” includes (A) the services provided for in this chapter that are needed to enable a veteran to achieve independence in daily living, including such counseling, diagnostic, medical, social, psychological, and educational services as are determined by the Secretary to be needed for such veteran to achieve maximum independence in daily living, and (B) the assistance authorized by this chapter for such veteran. (6) The term “rehabilitated to the point of employability” means rendered employable in an occupation for which a vocational rehabilitation program has been provided under this chapter. (7) The term “rehabilitation program” means (A) a vocational rehabilitation program, or (B) a program of independent living services and assistance authorized under [section 3120 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3120&num=0&edition=prelim) for a veteran for whom a vocational goal has been determined not to be currently reasonably feasible. (8) The term “serious employment handicap” means a significant impairment, resulting in substantial part from a service-connected disability rated at 10 percent or more, of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests. (9) The term “vocational goal” means a gainful employment status consistent with a veteran’s abilities, aptitudes, and interests. (10) The term “vocational rehabilitation program” includes— (A) the services provided for in this chapter that are needed for the accomplishment of the purposes of this chapter, including such counseling, diagnostic, medical, social, psychological, independent living, economic, educational, vocational, and employment services as are determined by the Secretary to be needed— (i) in the case of a veteran for whom the achievement of a vocational goal has not been determined not to be currently reasonably feasible, (I) to determine whether a vocational goal is reasonably feasible, (II) to improve such veteran’s potential to participate in a program of services designed to achieve a vocational goal, and (III) to enable such veteran to achieve maximum independence in daily living, and (ii) in the case of a veteran for whom the achievement of a vocational goal is determined to be reasonably feasible, to enable such veteran to become, to the maximum extent feasible, employable and to obtain and maintain suitable employment, and (B) the assistance authorized by this chapter for a veteran receiving any of the services described in clause (A) of this paragraph.

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

38 U.S.C. § 5301 — Nonassignability and exempt status of benefits

**(a)** (1) Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. The preceding sentence shall not apply to claims of the United States arising under such laws nor shall the exemption therein contained as to taxation extend to any property purchased in part or wholly out of such payments. The provisions of this section shall not be construed to prohibit the assignment of insurance otherwise authorized under chapter 19 of this title, or of servicemen’s indemnity. (2) For the purposes of this subsection, in any case where a payee of an educational assistance allowance has designated the address of an attorney-in-fact as the payee’s address for the purpose of receiving a benefit check and has also executed a power of attorney giving the attorney-in-fact authority to negotiate such benefit check, such action shall be deemed to be an assignment and is prohibited. (3) (A) This paragraph is intended to clarify that, in any case where a beneficiary entitled to compensation, pension, or dependency and indemnity compensation enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive such benefit by payment of such compensation, pension, or dependency and indemnity compensation, as the case may be, except as provided in subparagraph (B), and including deposit into a joint account from which such other pers

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5301

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

38 U.S.C. § 3120 — Program of independent living services and assistance

**(a)** The Secretary may, under contracts with entities described in subsection (f) of this section, or through facilities of the Veterans Health Administration, which possess a demonstrated capability to conduct programs of independent living services for severely handicapped persons, provide, under regulations which the Secretary shall prescribe, programs of independent living services and assistance under this chapter, in various geographic regions of the United States, to veterans described in subsection (b) of this section. **(b)** A program of independent living services and assistance may be made available under this section only to a veteran who has a serious employment handicap resulting in substantial part from a service-connected disability described in [section 3102(1)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3102/1/A/i&num=0&edition=prelim) and with respect to whom it is determined under section 3106(d) or (e) of this title that the achievement of a vocational goal currently is not reasonably feasible. **(c)** The Secretary shall, to the maximum extent feasible, include among those veterans who are provided with programs of independent living services and assistance under this section substantial numbers of veterans described in subsection (b) of this section who are receiving long-term care in Department of Veterans Affairs hospitals and nursing homes and in nursing homes with which the Secretary contracts for the provision of care to veterans. **(d)** A program of independent living services and assistance for a veteran shall consist of such services described in [section 3104(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a&num=0&edition=prelim

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3120

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

38 U.S.C. § 1501 — Definitions

For the purposes of this chapter— (1) The term “Indian Wars” means the campaigns, engagements, and expeditions of the United States military forces against Indian tribes or nations, service in which has been recognized heretofore as pensionable service. (2) The term “World War I” includes, in the case of any veteran, any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, or air service after April 5, 1917, and before November 12, 1918. (3) The term “Civil War veteran” includes a person who served in the military or naval forces of the Confederate States of America during the Civil War, and the term “active military or naval service” includes active service in those forces. (4) The term “period of war” means the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1501

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

38 U.S.C. § 3100 — Purposes

The purposes of this chapter are to provide for all services and assistance necessary to enable veterans with service-connected disabilities to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment.

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

38 U.S.C. § 3601 — Definition of emergency situation

In this chapter, the term “emergency situation” means a situation that— (1) the President declares is an emergency; and (2) the Secretary determines is an emergency for purposes of the laws administered by the Secretary.

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

38 U.S.C. § 3104 — Scope of services and assistance

**(a)** Services and assistance which the Secretary may provide under this chapter, pursuant to regulations which the Secretary shall prescribe, include the following: (1) Evaluation, including periodic reevaluations as appropriate with respect to a veteran participating in a rehabilitation program, of the potential for rehabilitation of a veteran, including diagnostic and related services (A) to determine whether the veteran has an employment handicap or a serious employment handicap and whether a vocational goal is reasonably feasible for such veteran, and (B) to provide a basis for planning a suitable vocational rehabilitation program or a program of services and assistance to improve the vocational rehabilitation potential or independent living status of such veteran, as appropriate. (2) Educational, vocational, psychological, employment, and personal adjustment counseling. (3) An allowance and other appropriate assistance, as authorized by [section 3108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3108&num=0&edition=prelim). (4) A work-study allowance as authorized by [section 3485 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3485&num=0&edition=prelim). (5) Placement services to effect suitable placement in employment, and postplacement services to attempt to insure satisfactory adjustment in employment. (6) Personal adjustment and work adjustment training. (7) (A) Vocational and other training services and assistance, including individualized tutorial assistance, tuition, fees, books, supplies, handling charges, licensing fees, and equipment and other training materials determined by the Secretary to be necessary to accomplish the purposes of the rehabilitation pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3104

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

11 U.S.C. § 522 — Exemptions

**(a)** In this section— (1) “dependent” includes spouse, whether or not actually dependent; and (2) “value” means fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate. **(b)** (1) Notwithstanding [section 541 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section541&num=0&edition=prelim), an individual debtor may exempt from property of the estate the property listed in either paragraph (2) or, in the alternative, paragraph (3) of this subsection. In joint cases filed under [section 302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section302&num=0&edition=prelim) and individual cases filed under section 301 or 303 of this title by or against debtors who are husband and wife, and whose estates are ordered to be jointly administered under Rule 1015(b) of the Federal Rules of Bankruptcy Procedure, one debtor may not elect to exempt property listed in paragraph (2) and the other debtor elect to exempt property listed in paragraph (3) of this subsection. If the parties cannot agree on the alternative to be elected, they shall be deemed to elect paragraph (2), where such election is permitted under the law of the jurisdiction where the case is filed. (2) Property listed in this paragraph is property that is specified under subsection (d), unless the State law that is applicable to the debtor under paragraph (3)(A) specifically does not so authorize. (3) Property listed in this paragraph is— (A) subject to subsections (o) and (p), any property that is exempt under Federal law, other than subsection (d) of this section, or State or local law th

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

26 U.S.C. § 140 — Cross references to other Acts

**(a)** For exemption of— (1) Allowances and expenditures to meet losses sustained by persons serving the United States abroad, due to appreciation of foreign currencies, see [section 5943 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5943&num=0&edition=prelim), United States Code. (2) Benefits under laws administered by the Department of Veterans Affairs, see [section 5301 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5301&num=0&edition=prelim), United States Code. (3) Earnings of ship contractors deposited in special reserve funds, see [section 53507 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section53507&num=0&edition=prelim), United States Code. (4) Income derived from Federal Reserve banks, including capital stock and surplus, see section 7 of the Federal Reserve Act ([12 U.S.C. 531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section531&num=0&edition=prelim)). (5) Special pensions of persons on Army and Navy medal of honor roll, see [38 U.S.C. 1562(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1562/a&num=0&edition=prelim)–(c). **(b)** For extension of military income tax-exemption benefits to commissioned officers of Public Health Service in certain circumstances, see section 212 of the Public Health Service Act ([42 U.S.C. 213](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section213&num=0&edition=prelim)).

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 140

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

38 U.S.C. § 1728 — Reimbursement of certain medical expenses

**(a)** The Secretary shall, under such regulations as the Secretary prescribes, reimburse veterans eligible for hospital care or medical services under this chapter for the customary and usual charges of emergency treatment (including travel and incidental expenses under the terms and conditions set forth in [section 111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section111&num=0&edition=prelim)) for which such veterans have made payment, from sources other than the Department, where such emergency treatment was rendered to such veterans in need thereof for any of the following: (1) An adjudicated service-connected disability. (2) A non-service-connected disability associated with and held to be aggravating a service-connected disability. (3) Any disability of a veteran if the veteran has a total disability permanent in nature from a service-connected disability. (4) Any illness, injury, or dental condition of a veteran who— (A) is a participant in a vocational rehabilitation program (as defined in [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3101&num=0&edition=prelim)); and (B) is medically determined to have been in need of care or treatment to make possible the veteran’s entrance into a course of training, or prevent interruption of a course of training, or hasten the return to a course of training which was interrupted because of such illness, injury, or dental condition. **(b)** In any case where reimbursement would be in order under subsection (a) of this section, the Secretary may, in lieu of reimbursing such veteran, make payment of the reasonable value of emergency treatment directly— (1) to the hospital or other health facility furnishing the emerg

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

38 U.S.C. § 2102B — Adaptations to residences of veterans in rehabilitation programs

**(a) In General.—** Subject to subsections (b) and (c), the Secretary may assist a veteran who is entitled to services and assistance under chapter 31 of this title and is pursuing a rehabilitation program under such chapter in acquiring such adaptations to such veteran’s residence as are determined necessary by the Secretary to accomplish the purposes of such rehabilitation program. **(b) Amount.—** (1) The aggregate amount of assistance available to a veteran under subsection (a) may not exceed $77,307. The Secretary may waive this limitation for a veteran if the Secretary determines a waiver is necessary for the rehabilitation program of the veteran. (2) Effective on October 1 of each year (beginning in 2017), the Secretary shall increase the amount described in paragraph (1) by the percentage calculated under [section 2102(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2102/e/2&num=0&edition=prelim). (3) Beginning on October 1, 2019, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a biennial report on the use of the waiver authority under paragraph (1). **(c) Regulations.—** The Secretary shall prescribe such regulations as may be necessary to carry out this section. **(d) Rehabilitation Program Defined.—** In this section, the term “rehabilitation program” has the meaning given such term in [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3101&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2102B

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