38 U.S.C. § 1814 — Vocational training

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-