38 U.S.C. § 1812 — Covered birth defects

Page 490 TITLE 38—VETERANS’ BENEFITS § 1805 § 1805. Monetary allowance (a) The Secretary shall pay a monthly allow- ance under this section to any child of a Viet- nam veteran for any disability resulting from spina bifida suffered by such child. (b)(1) The amount of the allowance paid to a child under this section shall be based on the de- gree of disability suffered by the child, as deter- mined in accordance with such schedule for rat- ing disabilities resulting from spina bifida as the Secretary may prescribe. (2) The Secretary shall, in prescribing the rat- ing schedule for the purposes of this section, es- tablish three levels of disability upon which the amount of the allowance provided by this sec- tion shall be based. (3) The amounts of the allowance shall be $200 per month for the lowest level of disability pre- scribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability pre- scribed. Such amounts are subject to adjust- ment under section 5312 of this title. (Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2925; amended Pub. L. 106–419, title IV, § 401(c)(2), (e)(2), Nov. 1, 2000, 114 Stat. 1860.) Editorial Notes PRIOR PROVISIONS A prior section 1805 was renumbered section 3705 of this title. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–419, § 401(e)(2), sub- stituted ‘‘this section’’ for ‘‘this chapter’’. Subsecs. (c), (d). Pub. L. 106–419, § 401(c)(2), struck out subsecs. (c) and (d) which read as follows: ‘‘(c) Notwithstanding any other provision of law, re- ceipt by a child of an allowance under this section shall not impair, infringe, or otherwise affect the right of the child to receive any other benefit to which the child may otherwise be entitled under any law administered by the Secretary, nor shall receipt of such an allowance impair, infringe, or otherwise affect the right of any in- dividual to receive any benefit to which the individual is entitled under any law administered by the Sec- retary that is based on the child’s relationship to the individual. ‘‘(d) Notwithstanding any other provision of law, the allowance paid to a child under this section shall not be considered income or resources in determining eligi- bility for or the amount of benefits under any Federal or federally assisted program.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–419 effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an Effective Date note under section 1811 of this title. [§ 1806. Repealed. Pub. L. 106–419, title IV, § 401(c)(3), Nov. 1, 2000, 114 Stat. 1860] Section, added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2926; amended Pub. L. 105–114, title IV, § 404(b)(1), Nov. 21, 1997, 111 Stat. 2294, related to applicability of certain administrative provisions. Prior section 1806 was renumbered section 3706 of this title. Prior section 1807, added Pub. L. 94–324, § 2(a), June 30, 1976, 90 Stat. 720; amended Pub. L. 97–72, title III, § 303(d), Nov. 3, 1981, 95 Stat. 1060, related to service after July 25, 1947, and prior to June 27, 1950, prior to repeal by Pub. L. 100–322, title IV, § 415(a)(4), May 20, 1988, 102 Stat. 550. Prior section 1810 was renumbered section 3710 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an Effective Date note under section 1811 of this title. SUBCHAPTER II—CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CER- TAIN BIRTH DEFECTS § 1811. Definitions In this subchapter: (1) The term ‘‘eligible child’’ means an indi- vidual who— (A) is the child (as defined in section 1831(1) of this title) of a woman Vietnam vet- eran; and (B) was born with one or more covered birth defects. (2) The term ‘‘covered birth defect’’ means a birth defect identified by the Secretary under section 1812 of this title. (Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1857; amended Pub. L. 108–183, title I, § 102(d)(1), Dec. 16, 2003, 117 Stat. 2654.) Editorial Notes PRIOR PROVISIONS A prior section 1811 was renumbered section 3711 of this title. AMENDMENTS 2003—Par. (1)(A). Pub. L. 108–183 substituted ‘‘section 1831(1)’’ for ‘‘section 1821(1)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–419, title IV, § 401(g), Nov. 1, 2000, 114 Stat. 1861, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ments made by this section [enacting this subchapter and subchapter III of this chapter, amending sections 1802 and 1805 of this title, and repealing sections 1801 and 1806 of this title] shall take effect on the first day of the first month beginning more than one year after the date of the enactment of this Act [Nov. 1, 2000]. ‘‘(2) The Secretary of Veterans Affairs shall identify birth defects under section 1812 of title 38, United States Code (as added by subsection (a) of this section), and shall prescribe the regulations required by sub- chapter II of chapter 18 of that title (as so added), not later than the effective date specified in paragraph (1).’’ § 1812. Covered birth defects (a) IDENTIFICATION.—The Secretary shall iden- tify the birth defects of children of women Viet- nam veterans that— (1) are associated with the service of those veterans in the Republic of Vietnam during the Vietnam era; and Page 491 TITLE 38—VETERANS’ BENEFITS § 1815 (2) result in permanent physical or mental disability. (b) LIMITATIONS.—(1) The birth defects identi- fied under subsection (a) may not include birth defects resulting from the following: (A) A familial disorder. (B) A birth-related injury. (C) A fetal or neonatal infirmity with well- established causes. (2) In any case where affirmative evidence es- tablishes that a covered birth defect of a child of a woman Vietnam veteran results from a cause other than the active military, naval, or air service of that veteran in the Republic of Viet- nam during the Vietnam era, no benefits or as- sistance may be provided the child under this subchapter. (Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1857.) Editorial Notes PRIOR PROVISIONS A prior section 1812 was renumbered section 3712 of this title. Another prior section 1812, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1210, automatically guaranteed loans made to a veteran if made for the purpose of purchasing farms and farm equipment, prior to repeal by Pub. L. 93–569, § 7(a), Dec. 31, 1974, 88 Stat. 1866. § 1813. Health care (a) NEEDED CARE.—The Secretary shall provide an eligible child such health care as the Sec- retary 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 DI- RECTLY 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 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’’ in paragraph (8) of that section shall be treated as a ref- erence to vocational training under section 1814 of this title. (Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1857.) Editorial Notes PRIOR PROVISIONS A prior section 1813 was renumbered section 3713 of this title. Another prior section 1813, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1211, automatically guaranteed loans made to a veteran if made for the purpose of purchasing business property, prior to repeal by Pub. L. 93–569, § 7(a), Dec. 31, 1974, 88 Stat. 1866. § 1814. Vocational training (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 shall apply with respect to any program of vocational training provided under subsection (a). (Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1858.) Editorial Notes PRIOR PROVISIONS A prior section 1814 was renumbered section 3714 of this title. Another prior section 1814, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1211, Pub. L. 86–665, § 3, July 14, 1960, 74 Stat. 531; Pub. L. 87–84, § 1(c), July 6, 1961, 75 Stat. 201, automatically guaranteed loans made to a veteran if made for the purpose of refinancing delinquent indebt- edness, prior to repeal by Pub. L. 93–569, § 7(a), Dec. 31, 1974, 88 Stat. 1866. § 1815. Monetary allowance (a) MONETARY ALLOWANCE.—The Secretary shall pay a monthly allowance to any eligible child for any disability resulting from the cov- ered birth defects of that child. (b) SCHEDULE FOR RATING DISABILITIES.—(1) The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered birth defects that is prescribed by the Secretary. (2) In prescribing a schedule for rating disabil- ities for the purposes of this section, the Sec- retary shall establish four levels of disability upon which the amount of the allowance pro- vided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, ac- tivities of daily living, and employability. (c) AMOUNT OF MONTHLY ALLOWANCE.—The amount of the monthly allowance paid under this section shall be as follows: (1) In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under sub- section (b), $100. (2) In the case of a child suffering from the lower intermediate level of disability pre- scribed in the schedule for rating disabilities under subsection (b), the greater of— (A) $214; or (B) the monthly amount payable under section 1805(b)(3) of this title for the lowest level of disability prescribed for purposes of that section. (3) In the case of a child suffering from the higher intermediate level of disability pre- scribed in the schedule for rating disabilities under subsection (b), the greater of— (A) $743; or (B) the monthly amount payable under section 1805(b)(3) of this title for the inter-