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38 U.S.C. § 1804 — Health care
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In accordance with regulations which the Secretary shall prescribe, the Secretary shall provide a child of a Vietnam veteran who is suffering from spina bifida with health care under this section.
**(b)** The Secretary may provide health care under this section directly or by contract or other arrangement with any health care provider.
**(c)** For the purposes of this section—
(1) The term “health care”—
(A) means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and
(B) includes—
(i) the training of appropriate members of a child’s family or household in the care of the child; and
(ii) the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary.
(2) The term “health care provider” includes specialized spina bifida clinics, health care plans, insurers, organizations, institutions, and any other entity or individual furnishing health care services that the Secretary determines are authorized under this section.
(3) The term “home care” means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual’s home or other place of residence.
(4) The term “hospital care” means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient.
(5) The term “nursing home care” means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident.
(6) The term “outpatient care” means car
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Source location: Title 38, Chapter 18, § 1804; chapter-018-benefits-for-children-of-vietnam-veterans-and-certain-other-veterans.md
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**(a)** In accordance with regulations which the Secretary shall prescribe, the Secretary shall provide a child of a Vietnam veteran who is suffering from spina bifida with health care under this section.
**(b)** The Secretary may provide health care under this section directly or by contract or other arrangement with any health care provider.
**(c)** For the purposes of this section—
(1) The term “health care”—
(A) means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and
(B) includes—
(i) the training of appropriate members of a child’s family or household in the care of the child; and
(ii) the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary.
(2) The term “health care provider” includes specialized spina bifida clinics, health care plans, insurers, organizations, institutions, and any other entity or individual furnishing health care services that the Secretary determines are authorized under this section.
(3) The term “home care” means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual’s home or other place of residence.
(4) The term “hospital care” means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient.
(5) The term “nursing home care” means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident.
(6) The term “outpatient care” means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care.
(7) The term “preventive care” means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary determines necessary to provide effective and economical preventive health care.
(8) The term “habilitative and rehabilitative care” means such professional, counseling, and guidance services and treatment programs (other than vocational training under [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1804&num=0&edition=prelim)) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled person.
(9) The term “respite care” means care furnished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such private residence.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes specified in [section 3710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710&num=0&edition=prelim) and in compliance with the provisions of this chapter, is automatically guaranteed by the United States in an amount not to exceed the lesser of—
(i)
(I) in the case of any loan of not more than $45,000, 50 percent of the loan;
(II) in the case of any loan of more than $45,000, but not more than $56,250, $22,500;
(III) except as provided in subclause (IV) of this clause, in the case of any loan of more than $56,250, the lesser of $36,000 or 40 percent of the loan; or
(IV) in the case of any loan of more than $144,000 for a purpose specified in clause (1), (2), (3), (5), (6), or (8) of [section 3710(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710/a&num=0&edition=prelim), 25 percent of the loan; or
(ii) the maximum amount of guaranty entitlement available to the veteran as specified in subparagraph (B) or (C).
(B) With respect to loans described in subclauses (I), (II), or (III) of subparagraph (A)(i), the maximum amount of guaranty entitlement available to a veteran for purposes specified in [section 3710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710&num=0&edition=prelim) shall be $36,000, reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in [section 3702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3702/b&num=0&edition=prelim).
(C)
(i) W
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3703
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Needed Care.—** The Secretary shall provide an eligible child such health care as the Secretary determines is needed by the child for that child’s covered birth defects or any disability that is associated with those birth defects.
**(b) Authority for Care To Be Provided Directly or by Contract.—** The Secretary may provide health care under this section directly or by contract or other arrangement with a health care provider.
**(c) Definitions.—** For purposes of this section, the definitions in [section 1803(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1803/c&num=0&edition=prelim) shall apply with respect to the provision of health care under this section, except that for such purposes—
(1) the reference to “specialized spina bifida clinic” in paragraph (2) of that section shall be treated as a reference to a specialized clinic treating the birth defect concerned under this section; and
(2) the reference to “vocational training under [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1804&num=0&edition=prelim)” in paragraph (8) of that section shall be treated as a reference to vocational training under [section 1814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1814&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1814
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary may provide a program of vocational training to an eligible child if the Secretary determines that the achievement of a vocational goal by the child is reasonably feasible.
**(b) Applicable Provisions.—** Subsections (b) through (e) of [section 1804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1804&num=0&edition=prelim) shall apply with respect to any program of vocational training provided under subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1815
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** No loan for the purchase or construction of residential property shall be financed through the assistance of this chapter unless the property meets or exceeds minimum requirements for planning, construction, and general acceptability prescribed by the Secretary; however, this subsection shall not apply to a loan for the purchase of residential property on which construction is fully completed more than one year before such loan is made.
**(b)** Subject to notice and opportunity for a hearing, the Secretary may refuse to appraise any dwelling or housing project owned, sponsored, or to be constructed by any person identified with housing previously sold to veterans under this chapter as to which substantial deficiencies have been discovered, or as to which there has been a failure or indicated inability to discharge contractual liabilities to veterans, or as to which it is ascertained that the type of contract of sale or the methods or practices pursued in relation to the marketing of such properties were unfair or unduly prejudicial to veteran purchasers. The Secretary may also refuse to appraise any dwelling or housing project owned, sponsored, or to be constructed by any person refused the benefits of participation under the National Housing Act pursuant to a determination of the Secretary of Housing and Urban Development.
**(c)**
(1) Except as provided in paragraph (2) of this subsection, no loan for the purchase or construction of residential property shall be financed through the assistance of this chapter unless the veteran applicant, at the time that the veteran applies for the loan, and also at the time that the loan is closed, certifies in such form as the Secretary may require, that the veteran intends to occupy the property as the veteran’s home. Ex
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3704
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Federal law — U.S. Code and appendices · legal_authorities
Page 489
TITLE 38—VETERANS’ BENEFITS
§ 1804
1804 of this title) as are necessary to develop,
maintain, or restore, to the maximum extent
practicable, the functioning of a disabled per-
son.
(9) The term ‘‘respite care’’ means care fur-
nished on an intermittent basis for a limited
period to an individual who resides primarily
in a private residence when such care will help
the individual to continue residing in such pri-
vate residence.
(Added Pub. L. 104–204, title IV, § 421(b)(1), Sept.
26, 1996, 110 Stat. 2923; amended Pub. L. 105–368,
title X, § 1005(b)(4), Nov. 11, 1998, 112 Stat. 3365;
Pub. L. 110–387, title IV, § 408(a), Oct. 10, 2008, 122
Stat. 4130.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1803 was renumbered section 3703 of
this title.
AMENDMENTS
2008—Subsec. (a). Pub. L. 110–387 substituted ‘‘health
care under this section’’ for ‘‘such health care as the
Secretary determines is needed by the child for the
spina bifida or any disability that is associated with
such condition’’.
1998—Subsec. (c)(2). Pub. L. 105–368 substituted ‘‘fur-
nishing health care services that the Secretary deter-
mines are authorized’’ for ‘‘who furnishes health care
that the Secretary determines authorized’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–387, title IV, § 408(b), Oct. 10, 2008, 122 Stat.
4130, provided that: ‘‘The amendment made by sub-
section (a) [amending this section] shall apply with re-
spect to care furnished after the date of the enactment
of this Act [Oct. 10, 2008].’’
§ 1804. Vocational training and rehabilitation
(a) Pursuant to such regulations as the Sec-
retary may prescribe, the Secretary may pro-
vide vocational training under this section to a
child of a Vietnam veteran who is
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1804
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.