(d) (1) If a surviving spouse who is entitled to pension under subsection (b) of this section is in need of regular aid and attendance, the annual rate of pension payable to such surviving spouse shall be $3,806. reduced by the amount of the surviving spouse's annual income.

(2) If a surviving spouse who is entitled to pension under subsection. (c) of this section is in need of regular aid and attendance, the annual rate of pension payable to the surviving spouse shall be $4,543. If there are two or more children of the veteran in such surviving spouse's custody, the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the annual income of each such child. (Added P.L. 86-211, § 4; amended P.L. 90-77, § 106 (c); P.L. 92-198, § 1(e); P.L. 93-177, § 2; P.L. 93-527, § 3(3); P.L. 94–169, § 103 (2) ; P.L. 94 432, § 203 (5); P.L. 95–204, § 102(5); P.L. 95–588, § 109 (a).)

(e) (1) If the surviving spouse is permanently house bound but does not qualify for pension at the aid and attendance rate provided by subsection (d) of this section, the annual rate of pension payable to such surviving spouse under subsection (b) of this section shall be $2,908 and the annual rate of pension payable to such surviving spouse under subsection (c) of this section shall be $3,645. If there are two or more children of the veteran in such surviving spouse's custody. the annual rate of pension shall be increased by $600 for each such child in excess of one. The rate payable shall be reduced by the amount of the surviving spouse's annual income and, subject to subsection (g) of this section, the income of any child of the veteran for whom the surviving spouse is receiving increased pension.

(2) For purposes of paragraph (1) of this subsection, the requirement of "permanently housebound" shall be met when the surviving spouse is substantially confined to such surviving spouse's house (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities reasonably certain to remain throughout such surviving spouse's lifetime. (Amended P.L. 86-211, § 4; P.L 90-77, $$ 101(a), 202(e); P.L. 91-588, §9(d) (2); P.L. 94-169, SS 101 (2) (C), 106(40); P.L. 95-588, § 109 (a).)

(f) No pension shall be paid under this section to a surviving spouse of a veteran unless the spouse was married to the veteran

(1) before (A) December 14, 1944, in the case of a surviving spouse of a Mexican border period or World War I veteran, (B) January 1, 1957, in the case of a surviving spouse of a World War II veteran, (C) February 1, 1965, in the case of a surviving spouse of a Korean conflict veteran, or (D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran;

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage. or was born to them before the marriage. (Added P.L. 93-527. §3(4): amended P.L. 95-588, § 109 (a).)

(g) In determining the annual income of a surviving spouse for the purposes of this section, if there is a child of the veteran in the custody of the surviving spouse, that portion of the annual income of the child that is reasonably available to or for the surviving spouse shall be considered to be income of the surviving spouse, unless in the

judgment of the Administrator to do so would work a hardship on the surviving spouse. (Added P.L. 95-588, § 109 (a).)

(h) As used in this section and section 542 of this title, the term "veteran" includes a person who has completed at least two years of I honorable active military, naval, or air service, as certified by the Secretary concerned, but whose death in such service was not in line of duty. (Added P.L. 95-588, § 109 (a).)

§ 542. Children of veterans of a period of war

The Administrator shall pay to each child (1) who is the child of a deceased veteran of a period of war who met the service requirements prescribed in section 521 (j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, and (2) who is not in the custody of a surviving spouse eligible for pension under section 541 of this title, pension at the annual rate of $600, as increased from time to time under section 3112 of this title and reduced by the amount of such child's annual income; or, if such child is residing with a person who is legally responsible for such child's support, at an annual rate equal to the amount by which the appropriate annual rate provided under section 541 (c) of this title exceeds the sum of the annual income of such child and such person, but in no event may such annual rate of pension exceed the amount by which $600, as increased from time to time under section 3112 of this title, exceeds the annual income of such child. The appropriate annual rate under such section 541 (c) for the purposes of the preceding sentence shall be determined in accordance with regulations which the Administrator shall prescribe. (Amended P.L. 86-211, § 4; P.L. 88-664, § 4; P.L. 90-77, §§ 107, 202(g); P.L. 91-588, § 9(e) (1); P.L. 92–198, § 1(f); P.L. 93-177, § 3; P.L. 93–527, $4(1); P.L. 94-169, §§ 101 (2) (D), 104(1); P.L. 94-432, § 204 (1); P.L. 95-204, § 103 (1); P.L. 95-588, § 110 (a).)

§ 543. Net worth limitation

(a) (1) The Administrator shall deny or discontinue payment of pension to a surviving spouse under section 541 of this title when the corpus of the estate of the surviving spouse is such that under all the circumstances, including consideration of the income of the surviving spouse and the income of any child from whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of such estate be consumed for the surviving spouse's maintenance. (2) The Administrator shall deny or discontinue the payment of increased pension under subsection (c), (d), or (e) of section 541 of this title on account of a child when the corpus of such child's estate is such that under all the circumstances, including consideration of the income of the surviving spouse and such child and the income of any other child for whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of the child's estate be consumed for the child's maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the surviving spouse's child for purposes of this chapter. (Added P.L. 86-211, §4; amended P.L. 94-169, § 101 (2) (E); P.L. 95-588, § 111.)

(b) The Administrator shall deny or discontinue payment of pension to a child under section 542 of this title when the corpus of the estate

of the child is such that under all the circumstances, including consideration of the income of the child, the income of any person with whom such child is residing who is legally responsible for such child's support, and the corpus of the estate of such person, it is reasonable that some part of the corpus of such estate be consumed for the child's maintenance. (Added P.L. 95-588, § 111.)

Subchapter IV-Army, Navy, Air Force, and Coast Guard Medal of Honor Roll

§ 560. Medal of Honor Roll; persons eligible

(a) There shall be in the Department of the Army, the Department of the Navy, the Department of the Air Force, and the Department of Transportation, respectively, a roll designated as the "Army, Navy. Air Force, and Coast Guard Medal of Honor Roll." (Amended P.L 88-77, § 5(1); P.L. 91-24, § 5.)

(b) Upon written application to the Secretary concerned, the Secretary shall enter and record on such roll the name of each surviving person who has served on active duty in the armed forces of the United States and who has been awarded a medal of honor for distinguishing such person conspicuously by gallantry and intrepidity at the risk of such person's life above and beyond the call of duty while so serving. (Amended P.L. 87-138, § 1(a); P.L. 88-77, § 5(1); P.L. 88-651; P.L. 89-311, §4; P.L. 94-169, § 106 (41).)

(c) Applications for entry on such roll shall be made in the form and under regulations prescribed by the Secretary concerned, and shall indicate whether or not the applicant desires to receive the special pension provided by section 562 of this title. Proper blanks and instructions shall be furnished by the Secretary concerned, without charge upon the request of any person claiming the benefits of this subchapter. (Amended P.L. 87–138, § 1(b).)

§ 561. Certificate

(a) The Secretary concerned shall determine whether or not each applicant is entitled to have such person's name entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. If the official award of the Medal of Honor to the applicant, or the official notice to such person thereof, shows that the Medal of Honor was awarded to the applicant for an act described in section 560 of this title, such award or notice shall be sufficient to entitle the applicant to have such person's name entered on such roll without further investigation; otherwise all official correspondence, orders, reports, recommendations, requests, and other evidence on file in any public office or department shall be considered. (Amended P.L. 87-138, $2(a); P.L. 88–77, § 5(2); P.L. 94-169, § 106 (42).)

(b) Each person whose name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll shall be furnished a certificate of service and of the act of heroism, gallantry, bravery, or intrepidity for which the Medal of Honor was awarded, of enrollment on such roll, and, if such person has indicated such person's desire to receive the special pension provided by section 562 of this title, of such person's right to such special pension. (Amended P.L. 87-138, § 2(a); P.L. 88-77, § 5(2); P.L. 94-169, § 106 (42).)

(c) The Secretary concerned shall deliver to the Administrator a certified copy of each certificate issued under subsection (b) in which the right of the person named in the certificate to the special pension provided by section 562 of this title is set forth. Such copy shall authorize the Administrator to pay such pension to the person named in the certificate. (Amended P.L. 87-138, § 2(a); P.L. 94-169, § 106 (43).) § 562. Special provisions relating to pension

(a) The Administrator shall pay monthly to each person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, and a copy of whose certificate has been delivered to the Administrator under subsection (c) of section 561 of this title, a special pension at the rate of $200, beginning as of the date of application therefor under section 560 of this title. (Amended P.L. 87-138, § 3; P.L. 88-77, § 5(2); P.L. 94-169, § 106 (44); P.L. 95-479, § 302.)

(b) The receipt of special pension shall not deprive any person of any other pension or other benefit, right, or privilege to which such person is or may hereafter be entitled under any existing or subsequent law. Special pension shall be paid in addition to all other payments under laws of the United States. (Amended P.L. 94-169, § 106(45).)

(c) Special pension shall not be subject to any attachment, execution, levy, tax lien, or detention under any process whatever.

(d) If any person has been awarded more than one medal of honor, such person shall not receive more than one special pension. (Amended P.L. 94-169, § 106 (45).)

CHAPTER 17-HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE

SUBCHAPTER I-GENERAL

Sec.

601. Definitions.

602.

Presumption relating to psychosis.

SUBCHAPTER II-HOSPITAL, NURSING HOME OR DOMICILIARY CARE AND MEDICAL TREATMENT

610. Eligibility for hospital, nursing home and domiciliary care.

611. Care during examinations and in emergencies.

612. Eligibility for medical treatment.

613. Medical care for survivors and dependents of certain veterans.

614. Fitting and training in use of prosthetic appliances; Seeing-eye dogs.

615. Tobacco for hospitalized veterans.

616. Hospital care by other agencies of the United States.

617. Invalid lifts and other devices.

618. Therapeutic and rehabilitative activities.

619. Repair or replacement of certain prosthetic and other appliances.

620. Transfers for nursing home care.

SUBCHAPTER III-MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS

621. Power to make rules and regulations.

622. Statement under oath.

623. Furnishing of clothing.

624. Hospital care, medical services and nursing home care abroad.

626. Reimbursement for loss of personal effects by natural disaster.

627. Persons eligible under prior law.

628. Reimbursement of certain medical expenses.

CHAPTER 17.—Continued

SUBCHAPTER IV-HOSPITAL AND MEDICAL CARE FOR COMMONWEALTH OF THE PHILIPPINES ARMY VETERANS

Sec.

631. Assistance to the Republic of the Philippines.

632. Contracts and grants to provide hospital care, medical services and nursing home care.

633. Supervision of program by the President.

634. Definitions.

SUBCHAPTER V-PAYMENTS TO STATE HOMES

641. Criteria for payment.

642. Inspections of such homes; restrictions on beneficiaries. 643. Applications.

644. Authorization of appropriation.

SUBCHAPTER VI-SICKLE CELL ANEMIA

651. Screening, counseling, and medical treatment. 652. Research.

653. Voluntary participation; confidentiality. 654. Reports.

§ 601. Definitions

Subchapter I-General

For the purposes of this chapter

(1) The term "disability” means a disease, injury, or other physical or mental defect.

(2) The term "veteran of any war" includes any veteran of the Indian Wars, or any veteran awarded the Medal of Honor. (Amended P.L. 88-481.)

(3) The term "period of war" includes each of the Indian Wars. (4) The term "Veterans' Administration facilities" means

(A) facilities over which the Administrator has direct jurisdiction;

(B) Government facilities for which the Administrator contracts; and

(C) private facilities for which the Administrator contracts when facilities described in clause (A) or (B) of this paragraph are not capable of furnishing economical care because of geographical inaccessibility or of furnishing the care or services required in order to provide (i) hospital care or medical services to a veteran for the treatment of a service-connected disability or a disability for which a veteran was discharged or released from the active military, naval, or air service; (ii) medical services for the treatment of any disability of a veteran described in clause (1) (B) or (2) of section 612(f) of this title; (iii) hospital care or medical services for the treatment of medical emergencies which pose a serious threat to the life or health of a veteran receiving hospital care in a facility described in clause (A) or (B) of this paragraph: (iv) hospital care for women veterans; or (v) hospital care, or medical services that will obviate the need for hospital admission, for veterans in a State not contiguous to the forty-eight contiguous States, except that the annually determined hospital patient load and incidence of the provision of medical services to veterans hospitalized or treated at the expense of the Veterans' Administration in Government and private fa