38 U.S.C. § 1821 — Benefits for children of certain Korea

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 to repeal by Pub. L. 100–322, title IV, § 415(b)(3), May 20, 1988, 102 Stat. 551. A prior section 1819 was renumbered section 3712 of this title. A prior section 1820 was renumbered section 3720 of this title. SUBCHAPTER III—CHILDREN OF CERTAIN KOREA AND THAILAND SERVICE VET- ERANS BORN WITH SPINA BIFIDA Editorial Notes PRIOR PROVISIONS A prior subchapter III of this chapter, consisting of former sections 1821 to 1824, was redesignated sub- chapter IV of this chapter. AMENDMENTS 2019—Pub. L. 116–23, § 4(c)(1), June 25, 2019, 133 Stat. 971, inserted ‘‘AND THAILAND’’ after ‘‘KOREA’’ in subchapter heading. § 1821. Benefits for children of certain Korea service veterans born with spina bifida (a) BENEFITS AUTHORIZED.—The Secretary may provide to any child of a veteran of covered serv- ice in Korea who is suffering from spina bifida the health care, vocational training and reha- bilitation, 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 cov- ered 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 cov- ered service in Korea is any individual, without regard to the characterization of that individ- ual’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 con- sultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in or near the Korean demili- tarized 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 deter- mined by the Secretary in consultation with the Secretary of Defense, during the period begin- ning on September 1, 1967, and ending on August 31, 1971. (Added Pub. L. 108–183, title I, § 102(a)(2), Dec. 16, 2003, 117 Stat. 2653.) Editorial Notes PRIOR PROVISIONS A prior section 1821 was renumbered section 1831 of this title. Another prior section 1821 was renumbered section 3721 of this title. § 1822. Benefits for children of certain Thailand service veterans born with spina bifida (a) BENEFITS AUTHORIZED.—The Secretary may provide to any child of a veteran of covered serv- ice 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 THAI- LAND.—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—