17.286 Cancellation by grantee. 17.287 Recoupments and releases.

PROVISIONAL REGULATIONS

17.951 Instructions relating to hospital, domiciliary care, and medical treatment as affected by Title 38, United States Code, "An act to consolidate into one act all of the laws administered by the Veterans Administration and for other purposes."

17.952 Instructions relating to determination of mental competency of members of the uniformed services being furnished medical care in Veterans Administration hospitals. 17.953 Instructions authorizing hospital and medical services for veterans suffering from noncompensable peacetime service-connected disabilities.

AUTHORITY: The provisions of this Part 17 issued under 72 Stat. 1114; 38 U.S.C. 210, unless otherwise noted.

DEFINITIONS AND ACTIVE DUTY

When used in Veterans Administration Medical regulations, each of the following terms shall have the meaning ascribed to it in this section:

(a) Veteran. The term "veteran" means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.

(b) Armed Forces. The term "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof.

(c) Active military, naval, or air service. See §§ 17.31 and 17.32.

(d) Discharge or release. The term "discharge or release" includes retirement from the active military, naval, or air service.

(e) Veteran of any war. The term "veteran of any war” means any veteran who served in the active military, naval, or air service during a period of war and includes any veteran of the Indian wars, or any veteran awarded the Medal of Honor, Public Law 88-481.

(f) Period of war. The term "period of war" means each of the Indian wars, the Spanish-American War, the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era and the period beginning on the date of any future declaration of war by the Congress and ending on a date prescribed by Presidential proclamation or concurrent resolution of the Congress.

(g) Spanish-American War. The term "Spanish-American War" (1) means the period beginning on April 21, 1898, and ending on July 4, 1902, (2) includes the Philippine Insurrection and the Boxer Rebellion, and (3), in the case of a veteran who served with the United States military forces engaged in hostilities in the Moro Province, means the period beginning on April 21, 1898, and ending on July 15, 1903.

(g-1) Mexican border period. The term "Mexican border period" means the period beginning on May 9, 1916, and ending on April 5, 1917, in the case of a veteran who during such period served for 90 days or more in Mexico, on the borders thereof, in the waters adjacent thereto, or any combination thereof.

(h) World War I. The term "World War I" (1) means the period beginning on April 6, 1917, and ending on November 11, 1918, and (2), in the case of a veteran who served with the United States military forces in Russia, means the period beginning on April 6, 1917, and ending on April 1, 1920.

(1) World War II. The term "World War II" means the period beginning on December 7, 1941, and ending on December 31, 1946.

(j) Korean conflict. The term "Korean conflict" means the period beginning on June 27, 1950, and ending on January 31, 1955.

(k) Vietnam era. The term "Vietnam era" means the period beginning August 5, 1964, and ending on such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress.

(1) Hospital care. The term "hospital care" includes:

(1) Medical services rendered in the course of hospitalization of any veteran

and transportation and incidental expenses for any veteran who is in need of treatment for a service-connected disability or is unable to defray the expense of transportation; and

(2) Such mental health services, consultation, professional counseling, and training (including (i) necessary expenses for transportation if unable to defray such expenses; or (ii) necessary expenses of transportation and subsistence in the case of a veteran who is receiving care for a service-connected disability, or in the case of a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of Title 38, United States Code under the terms and conditions set forth in the applicable Veterans Administration travel regulations of the members of the immediate family (including legal guardians) of a veteran or such a dependent or survivor of a veteran, or, in the case of a veteran or such dependent or survivor of a veteran who has no immediate family members (or legal guardian), the person in whose household such a veteran, or such a dependent or survivor certifies his intention to live, as may be necessary or appropriate to the effective treatment and rehabilitation of a veteran or such a dependent or a survivor of a veteran; and

(3) Medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran receiving care in a Veterans Administration medical facility and transportation and incidental expenses for a dependent or survivor of a veteran who is in need of treatment for any injury, disease, or disability and is unable to defray the expense of transportation.

(m) Medical services. The term "medical services" includes, in addition to medical examination and treatment, such home health services as the Administrator determines to be necessary or appropriate for the effective and economical treatment of a disability of a veteran or a dependent or survivor of a veteran receiving care in a Veterans Administration medical facility, optometrists' and podiatrists' services, dental and surgical services, and except under provisions of § 17.60 (e), dental appliances, wheelchairs, artificial limbs, trusses, and similar appliances, special clothing made necessary by the wearing of prosthetic appliances, and such other supplies as the Administrator determines to be reasonable and necessary.

(n) Domiciliary care. The term "domiciliary care" means the furnishing of a home to a veteran, embracing the furnishing of shelter, food, clothing, and other comforts of home, including such incidental medical care as is necessary to maintain him. The term further includes transportation and incidental expenses for veterans who are unable to defray the expense of transportation.

(0) Service-connected disability. The term "service-connected disability" means a disability incurred or aggravated in line of duty in the active military, naval, or air service. See § 17.33 referable to presumptive service connection for psychosis. For purposes of out-patient treatment and on submission of an appropriate application therefor, all disabilities of Spanish-American War veterans may be considered war service connected.

(p) Nursing home care. The term "nursing home care" means the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require skilled nursing care and related medical services, if such nursing care and medical services are prescribed by, or are performed under the general direction of, persons duly licensed to provide such care. The term includes intensive care where the nursing service is under the supervision of a registered professional nurse. (Public Law 88-450; 78 Stat. 500)

(q) Research center. The term "research center" means an institution (or part of an institution) the primary function of which is research, training of specialists and demonstrations and which, in connection therewith, provides specialized, high quality diagnostic and treatment services for inpatients and outpatients.

(r) Specialized medical resources. The term "specialized medical resources" means medical resources (whether equipment, space or personnel) which, because of cost, limited availability, or unusual nature, are either unique in the medical community or are subject to maximum utilization only through mutual use.

(s) Commonwealth Army veteran. The term "Commonwealth Army veteran❞ means any person who served before July 1, 1946, in the organized military forces of the Government of the Philippines, while such forces were in the service of the Armed Forces of the United States, pursuant to the military order of

the President of the United States dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander-in-Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, and who was discharged or released from such service under conditions other than dishonorable.

(t) New Philippine Scout. The term "new Philippine Scout" means any person who served in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who was discharged or released from such service under conditions other than dishonorable.

(u) State home. The term "State home" means a home established by a State (other than a possession) for veterans of any war disabled by age, disease, or otherwise who by reason of such disability are incapable of earning a living. The term also includes a home which furnishes nursing home care for such veterans.

[23 F.R. 6498, Aug. 22, 1958, as amended at 24 F.R. 8326, Oct. 14, 1959; 30 F.R. 1787, Feb. 9, 1965; 32 F.R. 6841, Mar. 4, 1967; 32 F.R. 13813, Oct. 4, 1967; 33 F.R. 5298, Apr. 3, 1968; 33 F.R. 19009, Dec. 20, 1968; 34 FR. 9339, June 13, 1969; 35 F.R. 3166, Feb. 19, 1970; 36 FR 4782, Mar. 12, 1971; 39 FR 1840, Jan. 15, 1974]

§ 17.31 Duty periods defined.

Definitions of duty periods applicable to eligibility for medical benefits are as follows:

(a) Active military, naval, or air service. The term "active military, naval, or air service" includes active duty, any period of active duty for training during which the individual concerned was disabled from a disease or injury incurred or aggravated in line of duty, and any period of inactive duty training during which the individual concerned was disabled from an injury incurred or aggravated in line of duty.

(b) Active duty. The term "active duty" means

(1) Full-time duty in the Armed Forces, other than active duty for training;

(2) Full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps of the Public Health Service (1) on or after July 29, 1945, or (11) before that

date under circumstances affording entitlement to "full military benefits";

(3) Full-time duty as a commissioned officer of the Coast and Geodetic Survey (or as a commissioned officer of the Environmental Science Services Administration who was commissioned in the Coast and Geodetic Survey before July 13, 1965, and was transferred to such Administration) (i) on or after July 29, 1945, or (ii) before that date while either on transfer to one of the Armed Forces. or while in time of war or national emergency declared by the President, assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard, or (iii) in the Philippine Islands on December 7, 1941, and continuously in such islands thereafter;

(4) Service as a cadet at the U.S. Military, Air Force, or Coast Guard Academy, or as midshipman at the U.S. Naval Academy;

(5) Full-time duty as a member of the Women's Army Auxiliary Corps, Women's Reserve of the Navy and Marine Corps and Women's Reserve of the Coast Guard;

(6) Authorized travel to or from such duty or service.

(c) Active duty for training. The term "active duty for training" means:

(1) Full-time duty in the Armed Forces performed by Reserves for training purposes;

(2) Full-time duty for training purposes performed as a commissioned offcer of the Reserve Corps of the Public Health Service during the period covered in paragraph (b) (2) of this section;

(3) In the case of members of the National Guard or Air National Guard of any State, full-time duty under section 316, 502, 503, 504, or 505 of title 32, United States Code, or the prior corresponding provisions of law; and

(4) Authorized travel to or from such duty.

(5) Active duty for training does not include duty performed as a temporary member of the Coast Guard Reserve.

(d) Inactive duty training. The term "inactive duty training" means:

(1) Duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) by the Secretary concerned under section 206, title 37, United States Code, or any other provision of law;

(2) Special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps of the Public Health Service) by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.

(3) Duty (other than full-time duty) for members of the National Guard or Air National Guard of any State under the provisions of law stated in paragraph (c) (3) of this section.

(4) Inactive duty for training does not include work or study performed in connection with correspondence courses, or attendance at an educational institution in an inactive status, or duty performed as a temporary member of the Coast Guard Reserve.

[34 F.R. 9339, June 13, 1969]

§ 17.32 Certain travel and time at acceptance center deemed active duty. In any of the following circumstances, an applicant will be deemed to have active service:

(a) When reporting for acceptance. Any person who has either (1) applied for enlistment or enrollment in the active military, naval, or air service and has been provisionally accepted and directed or ordered to report to a place for final acceptance in such service, or (2) who has been selected or drafted for service in the Armed Forces and has reported pursuant to the call of his local draft board and before rejection; or (3) who has been called into the Federal service as a member of the National Guard, but has not been enrolled for the Federal service; and who has suffered an injury or contracted a disease in line of duty while en route to or from, or at, a place for final acceptance or entry upon active duty, will, for purposes of determining service connection for disability, be considered to have been on active duty and to have incurred such disability in the active military, naval, or air service.

(b) When reporting for or returning from active duty or inactive duty training. Any person who when authorized or required by competent authority, assumes an obligation to perform active duty for training or inactive duty training and is disabled from an injury incurred while proceeding directly to or returning directly from such active duty for training or inactive duty training