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38 U.S.C. § 102 — Dependent parents
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Secretary.
**(b)** Dependency of a parent shall not be denied (1) solely because of remarriage, or (2) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Secretary shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.
**(c)** For the purposes of this section, in determining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces.
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Source location: Title 38, Chapter 1, § 102; chapter-001-general.md
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**(a)** Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Secretary.
**(b)** Dependency of a parent shall not be denied (1) solely because of remarriage, or (2) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Secretary shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.
**(c)** For the purposes of this section, in determining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran’s willful misconduct, pension at the rate prescribed by this section, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim).
**(b)** If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran’s spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $11,830, reduced by the amount of the veteran’s annual income.
**(c)** If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $15,493, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members.
**(d)**
(1) If the vetera
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements Authorized.—**
(1)
(A) When hospital care, a medical service, or an extended care service required by a covered individual who is entitled to such care or service under this chapter is not feasibly available to the covered individual from a facility of the Department or through a contract or sharing agreement entered into pursuant to another provision of law, the Secretary may furnish such care or service to such covered individual through an agreement under this section with an eligible entity or provider to provide such hospital care, medical service, or extended care service.
(B) An agreement entered into under this section to provide hospital care, a medical service, or an extended care service shall be known as a “Veterans Care Agreement”.
(C) For purposes of subparagraph (A), hospital care, a medical service, or an extended care service may be considered not feasibly available to a covered individual from a facility of the Department or through a contract or sharing agreement described in such subparagraph when the Secretary determines the covered individual’s medical condition, the travel involved, the nature of the care or services required, or a combination of these factors make the use of a facility of the Department or a contract or sharing agreement described in such subparagraph impracticable or inadvisable.
(D) A Veterans Care Agreement may be entered into by the Secretary or any Department official authorized by the Secretary.
(2)
(A) Subject to subparagraph (B), the Secretary shall review each Veterans Care Agreement of material size, as determined by the Secretary or set forth in paragraph (3), for hospital care, a medical service, or an extended care service to determine whether it is feasible and advisable to provide
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Federal law — U.S. Code and appendices · legal_authorities
Page 30
TITLE 38—VETERANS’ BENEFITS
§ 102
the enactment of the Veterans Programs Extension Act
of 2006 [Pub. L. 109–444, approved Dec. 21, 2006], then as
of the date of the enactment of this Act [Dec. 22, 2006],
the Veterans Programs Extension Act of 2006 [see Ta-
bles for classification] and the amendments made by
that Act shall be deemed for all purposes not to have
taken effect and the Veterans Programs Extension Act
of 2006 and the amendments made by that Act shall
cease to be in effect.’’
REDESIGNATION OF SECTIONS; COORDINATION OF REDES-
IGNATIONS
WITH
OTHER
AMENDMENTS
BY
PUB. L.
102–83
Pub. L. 102–83, § 5, Aug. 6, 1991, 105 Stat. 406, provided
that:
‘‘(a) REDESIGNATION
OF
SECTIONS
TO
CONFORM
TO
CHAPTER NUMBERS.—Each section contained in any of
chapters 11 through 23 is redesignated by replacing the
first digit of the section number with the number of the
chapter containing that section. Each section con-
tained in any of chapters 24 through 42 is redesignated
so that the first two digits of the section number of
that section are the same as the chapter number of the
chapter containing that section.
‘‘(b) TABLES OF SECTIONS AND CHAPTERS.—(1) The ta-
bles of sections at the beginning of the chapters re-
ferred to in subsection (a) are revised so as to conform
the section references in those tables to the redesigna-
tions made by that subsection.
‘‘(2) The table of chapters before part I and the tables
of chapters at the beginning of parts I, II, and III are
revised so as to conform the section references in those
tables to the redesignations made by subsection (a).
‘‘(c) CROSS-REFERENCES.—(1) Each provision of title
38, United States Code, that contains a reference to a
section redesignated by subsection (a) is amended so
that the referenc
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