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38 U.S.C. § 1728 — Reimbursement of certain medical expenses
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 38, Chapter 17, § 1728; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md
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**(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 emergency treatment; or
(2) to the person or organization making such expenditure on behalf of such veteran.
**(c)** No veteran described in subsection (a) may be held liable for payment for emergency treatment described in such subsection if—
(1) a claim for direct payment was submitted by an individual or entity under subsection (b)(2); and
(2) such claim was submitted after a deadline established by the Secretary for purposes of this section due to—
(A) an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency or submission of the claim after the deadline; or
(B) an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim.
**(d)** In this section, the term “emergency treatment” has the meaning given such term in [section 1725(h)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1725/h/1&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) General Authority.—**
(1) Subject to subsections (c) and (d), the Secretary shall reimburse a veteran described in subsection (b) for the reasonable value of emergency treatment furnished the veteran in a non-Department facility.
(2) In any case in which reimbursement is authorized under subsection (a)(1), the Secretary, in the Secretary’s discretion, may, in lieu of reimbursing the veteran, make payment of the reasonable value of the furnished emergency treatment directly—
(A) to a hospital or other health care provider that furnished the treatment; or
(B) to the person or organization that paid for such treatment on behalf of the veteran.
**(b) Eligibility.—**
(1) A veteran referred to in subsection (a)(1) is an individual who is an active Department health-care participant who is personally liable for emergency treatment furnished the veteran in a non-Department facility.
(2) A veteran is an active Department health-care participant if—
(A) the veteran is enrolled in the health care system established under [section 1705(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705/a&num=0&edition=prelim); and
(B) the veteran received care under this chapter within the 24-month period preceding the furnishing of such emergency treatment.
(3) A veteran is personally liable for emergency treatment furnished the veteran in a non-Department facility if the veteran—
(A) is financially liable to the provider of emergency treatment for that treatment;
(B) has no entitlement to care or services under a health-plan contract (determined, in the case of a health-plan contract as defined in subsection (h)(2)(B) or (h)(2)(C), without regard to any requirement or limitation relating to eligibility for care or servi
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1725
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Federal law — U.S. Code and appendices · legal_authorities
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 “rehabilita
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “disability” means a disease, injury, or other physical or mental defect.
(2) The term “veteran of any war” includes any veteran awarded the Medal of Honor.
(3) The term “facilities of the Department” means—
(A) facilities over which the Secretary has direct jurisdiction;
(B) Government facilities for which the Secretary contracts; and
(C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim).
(4) The term “non-Department facilities” means facilities other than Department facilities.
(5) The term “hospital care” includes—
(A)
(i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of [section 111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section111&num=0&edition=prelim);
(B) such mental health services, consultation, professional counseling, marriage and family counseling, and training for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of [section 1781(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1781/b&num=0&edition=prelim); and
(C)
(i) medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran rece
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Federal law — U.S. Code and appendices · legal_authorities
Page 459
TITLE 38—VETERANS’ BENEFITS
§ 1728
fect on the date upon which final regulations imple-
menting such section take effect.’’
§ 1726. Reimbursement for loss of personal ef-
fects by natural disaster
The Secretary shall, under regulations which
the Secretary shall prescribe, reimburse vet-
erans in Department hospitals and domiciliaries
for any loss of personal effects sustained by fire,
earthquake, or other natural disaster while such
effects were stored in designated locations in
Department hospitals or domiciliaries.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1144, § 627;
Pub. L. 93–82, title I, § 105, Aug. 2, 1973, 87 Stat.
183; Pub. L. 94–581, title II, § 210(a)(12), Oct. 21,
1976, 90 Stat. 2863; renumbered § 1726 and amend-
ed Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a),
Aug. 6, 1991, 105 Stat. 404–406.)
Editorial Notes
PRIOR PROVISIONS
Prior section 1726, Pub. L. 85–857, Sept. 2, 1958, 72
Stat. 1197, provided for control by agencies of United
States, prior to repeal by Pub. L. 89–358, § 3(a)(3), Mar.
3, 1966, 80 Stat. 20. See section 3689 of this title.
AMENDMENTS
1991—Pub. L. 102–83, § 5(a), renumbered section 626 of
this title as this section.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec-
retary’’ for ‘‘Administrator’’ in two places.
Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’
for ‘‘Veterans’ Administration’’ in two places.
1976—Pub. L. 94–581 substituted ‘‘the Administrator
shall prescribe’’ for ‘‘he shall prescribe’’.
1973—Pub. L. 93–82 substituted ‘‘natural disaster’’ for
‘‘fire’’ in section catchline and extended reimburse-
ment provisions to earthquake and other natural disas-
ters also.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–581 effe
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1728
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