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38 U.S.C. § 1822 — Benefits for children of certain Korea service veterans born with spina bifida
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1822
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Stable record: federal_law:legal_authorities:record_usc_96d54d028ccffec48835c9e3
Source file: Laws/federal/codes/united-states-code/title-38/section-1822-benefits-for-children-of-certain-korea-service-veterans-born-with-spina--275e07c9a9.md
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Source location: Title 38, Chapter 18, § 1822; chapter-018-benefits-for-children-of-vietnam-veterans-and-certain-other-veterans.md
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**(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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3721
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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 Thailand 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 Thailand 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 Thailand.—** For purposes of this section, a veteran of covered service in Thailand 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 Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975; 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 Thailand.
**(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 Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962, and ending on May 7, 1975.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1831
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “child” means the following:
(A) For purposes of subchapters I and II of this chapter, an individual, regardless of age or marital status, who—
(i) is the natural child of a Vietnam veteran; and
(ii) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era.
(B) For purposes of [section 1821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1821&num=0&edition=prelim), an individual, regardless of age or marital status, who—
(i) is the natural child of a veteran of covered service in Korea (as determined for purposes of that section); and
(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.
(C) For purposes of [section 1822 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1822&num=0&edition=prelim), an individual, regardless of age or marital status, who—
(i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and
(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.
(2) The term “covered child” means a child who is eligible for health care and benefits under this chapter.
(3) The term “covered veteran” means an individual whose children are eligible for health care and benefits under this chapter.
(4) The term “Vietnam veteran” means an individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of that individual’s service.
(5) The term “Vietnam era” with respect to—
(A) s
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1832
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of Certain Provisions Relating to Compensation.—** The provisions of this title specified in subsection (b) apply with respect to benefits and assistance under this chapter in the same manner as those provisions apply to compensation paid under chapter 11 of this title.
**(b) Specified Provisions.—** The provisions of this title referred to in subsection (a) are the following:
(1) Section 5101(c).
(2) Subsections (a), (b)(3), (g), and (i) of section 5110.
(3) Section 5111.
(4) Subsection (a) and paragraphs (1), (6), (9), and (10) of subsection (b) of section 5112.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1833
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Federal law — U.S. Code and appendices · legal_authorities
Page 492
TITLE 38—VETERANS’ BENEFITS
§ 1816
mediate level of disability prescribed for
purposes of that section.
(4) In the case of a child suffering from the
highest level of disability prescribed in the
schedule for rating disabilities under sub-
section (b), the greater of—
(A) $1,272; or
(B) the monthly amount payable under
section 1805(b)(3) of this title for the highest
level of disability prescribed for purposes of
that section.
(d) INDEXING TO SOCIAL SECURITY BENEFIT IN-
CREASES.—Amounts under paragraphs (1), (2)(A),
(3)(A), and (4)(A) of subsection (c) shall be sub-
ject to adjustment from time to time under sec-
tion 5312 of this title.
(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1,
2000, 114 Stat. 1858.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1815 was renumbered section 3703(a)(2)
of this title.
§ 1816. Regulations
The Secretary shall prescribe regulations for
purposes of the administration of this sub-
chapter.
(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1,
2000, 114 Stat. 1859.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1816 was renumbered sections 3732 and
3733 of this title.
Prior sections 1817 and 1817A were renumbered sec-
tions 3713 and 3714 of this title, respectively.
A prior section 1818, added Pub. L. 89–358, § 5(a), Mar.
3, 1966, 80 Stat. 25; amended Pub. L. 91–506, § 2(e), Oct. 23,
1970, 84 Stat. 1108; Pub. L. 93–569, § 8(6), (7), Dec. 31, 1974,
88 Stat. 1866, 1867; Pub. L. 94–324, § 4, June 30, 1976, 90
Stat. 720; Pub. L. 95–476, title I, § 106(a), Oct. 18, 1978, 92
Stat. 1499; Pub. L. 97–72, title III, § 303(g), Nov. 3, 1981,
95 Stat. 1060; Pub. L. 97–295, § 4(66), Oct. 12, 1982, 96 Stat.
1310, related to service after Jan. 31, 1955, and prior to
Aug. 5, 1964, or after May 7, 1975, prior
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1822
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.