PUBLIC LAW 85-857 An Act To consolidate into one Act all of the laws administered by the Veterans' Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws relating to veterans' benefits are revised, codified, and enacted as title 38, United States Code, "Veterans' Benefits", as follows: 11. GENERAL BENEFITS_. III. READJUstment and Related BENEFITS_ V. BOARDS AND DEPARTMENTS__ VI. ACQUISition and DiSPOSITION OF PROPERTY_ 301 1501 3001 4001 5001 5. Pension for Non-Service-Connected Disability or Death or for Service.. 7. Hospital, Nursing Home, Domiciliary, and Medical Care.. 501 601 9. Insurance.... 701 2. Post-Vietnam Era Veterans' Educational Assistance. 1601 4. Veterans' Educational Assistance.. 1651 5. Survivors' and Dependents' Educational Assistance6. Administration of Educational Benefits.. 1700 1770 7. Home, Condominium and Mobile Home Loans.. 1801 9. Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces. 1901 1. Job Counseling, Training, and Placement Service for Veterans 2001 2011 2021 35 81. Acquisition and Operation of Hospital and Domiciliary Facilities; Procurement and Supply... 82. Assistance in Establishing New State Medical Schools; Grants to Affiliated Medical Schools; Assistance to Health Manpower Training Institutions.. 83. Acceptance of Gifts and Bequests 85. Disposition of Deceased Veterans' Personal Property CHAPTER 1. General.. PART I. GENERAL PROVISIONS 3. Veterans' Administration; Officers and Employees.. CHAPTER 1-GENERAL Sec 5001 5070 5101 5201 Sec. 101 201 Sec. 101. Definitions. 102. Dependent parents; husbands. 103. Special provisions relating to marriages. 104. Approval of educational institutions. 105. Line of duty and misconduct. 106. Certain service deemed to be active service. 107. Certain service deemed not to be active service. 108. Seven-year absence presumption of death. 109. Benefits for discharged members of allied forces. 110. Preservation of disability ratings. 111. Travel expenses. 112. Presidential memorial certificate program. § 101. Definitions For the purposes of this title (1) The term "Administrator" means the Administrator of Vet erans' Affairs. (2) 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. of the (3) The term "surviving spouse" means (except for purposes chapter 19 of this title) a person of the opposite sex who was spouse of a veteran at the time of the veteran's death, and who lived with the veteran continuously from the date of marriage to the date 37 Sec. 101 of the veteran's death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried or (in cases not involving remarriage) has not since the death of the veteran, and after September 19, 1962, lived with another person and held himself or herself out openly to the public to be the spouse of such other person. (Amended P.L. 87-674, §1; P.L. 91-24, § 16; P.L. 94-169, § 101 (1) (A).) (4) The term "child" means (except for purposes of chapter 19 of this title and section 5202(b) of this title) a person who is unmarried and (A) who is under the age of eighteen years; (B) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (C) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran's household or was a member at the time of the veteran's death, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child's support or has been, before his death, judicially decreed to be the father of such child, or if he is otherwise shown by evidence satisfactory to the Administrator to be the father of such child. A person shall be deemed, as of the date of death of a veteran, to be the legally adopted child of such veteran if such person was at the time of the veteran's death living in the veteran's household and was legally adopted by the veteran's surviving spouse within two years after the veteran's death or the date of enactment of this sentence; however, this sentence shall not apply if at the time of the veteran's death, such person was receiving regular contributions toward the person's support from some individual other than the veteran or veteran's spouse, or from any public or private welfare organization which furnishes services or assistance for children. A person with respect to whom an interlocutory decree of adoption has been issued by an appropriate adoption authority shall be recognized thereafter as a legally adopted child, unless and until that decree is rescinded, if the child remains in the custody of the adopting parent or parents during the interlocutory period. A person who has been placed for adoption under an agreement entered into by the adopting parent or parents with any agency authorized under law to so act shall be recognized thereafter as a legally adopted child, unless and until such agreement is terminated, if the child remains in the custody of the adopting parent or parents during the period of placement for adoption under such agreement. (Amended P.L. 86-195; P.L. 89-311, § 2(c) (1); P.L. 91-262, § 1; P.L. 92-540, § 407; P.L. 94169, § 101 (1) (B).) (5) The term "parent" means (except for purposes of chapter 19 of this title) a father, a mother, a father through adoption, a mother through adoption, or an individual who for a period of not less than one year stood in the relationship of a parent to a veteran at any time before the veteran's entry into active military, naval, or air service or if two persons stood in the relationship of a father or a mother for one year or more, the person who last stood in the relationship of father or mother before the veteran's last entry into active military. naval, or air service. (Amended P.L. 94–169, § 101 (1) (C).) (6) The term "Spanish-American War" (A) means the period beginning on April 21, 1898, and ending on July 4, 1902, (B) includes the Philippine Insurrection and the Boxer Rebellion, and (C) in the case of a veteran who served with the United States military forces engaged in hostilities in the Moro Province, means the period begin ning on April 21, 1898, and ending on July 15, 1903. (7) The term "World War I" (A) means the period beginning on April 6, 1917, and ending on November 11, 1918, and (B) 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. (8) The term "World War II" means (except for purposes of chapters 31 and 37 of this title) the period beginning on December 7, 1941, and ending on December 31, 1946. (9) The term "Korean conflict" means the period beginning on June 27, 1950, and ending on January 31, 1955. (10) The term "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof. (11) The term "period of war" means 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 the date prescribed by Presidential proclamation or concurrent resolution of the Congress. (Amended P.L. 90–77, § 201(a); P.L. 91–588, § 9(a).) (12) The term "veteran of any war" means any veteran who served in the active military, naval, or air service during a period of war. (13) The term "compensation" means a monthly payment made by the Administrator to a veteran because of service-connected disability, or to a surviving spouse, child, or parent of a veteran because of the service-connected death of the veteran occurring before January 1. 1957. (Amended P.L. 94-169, § 101 (1) (D).) (14) The term "dependency and indemnity compensation" means a monthly payment made by the Administrator to a surviving spouse. child, or parent (A) because of a service-connected death occurring after December 31, 1956, or (B) pursuant to the election of a surviv ing spouse, child, or parent, in the case of such a death occurring before January 1, 1957. (Amended P.L. 94-169, § 101 (1) (E).) (15) The term "pension" means a monthly or other periodic payment made by the Administrator to a veteran because of service, age, or non-service-connected disability, or to a surviving spouse or child of a veteran because of the non-service-connected death of the veteran. (Amended P.L. 94-169, § 101 (1) (F); P.L. 95-588, § 301.) (16) The term "service-connected" means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, or air service. € (17) The term "non-service-connected" means, with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval, or air service. (18) The term "discharge or release" includes (A) retirement from the active military, naval, or air service, and (B) the satisfactory completion of the period of active military, naval, or air service for which a person was obligated at the time of entry into such service in the case of a person who, due to enlistment or reenlistment, was not awarded a discharge or release from such period of service at the time of such completion thereof and who, at such time, would otherwise have been eligible for the award of a discharge or release under conditions other than dishonorable. (Amended P.L. 95-126, § 3.) (19) The term "State home" means a home established by a State (other than a possession) for veterans disabled by age, disease, or otherwise who by reason of such disability are incapable of earning a living. Such term also includes such a home which furnishes nursing home care for veterans. (Amended P.L. 88-450, § 4 (c); P.L. 94-417, § 1(b).) (20) The term "State" means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. For the purpose of section 903 and chapters 34 and 35 of this title, such term also includes the Canal Zone. (Amended P.L. 89-358, § 4(d).) (21) The term "active duty" means (A) full-time duty in the Armed Forces, other than active duty for training; (B) full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps of the Public Health Service (i) on or after July 29, 1945, or (ii) before that date and under circumstances affording entitlement to "full military benefits" or (iii) at any time, for the purposes of chapter 13 of this title; (C) full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey (i) on or after July 29, 1945, or (ii) before that date (a) while on transfer to one of the Armed Forces, or (b) 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 (c) in the Philippine Islands on December 7, 1941, and continuously in such islands thereafter, or (iii) at any time, for the purposes of chapter 13 of this title: (D) service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy; and (E) authorized travel to or from such duty or service. (Amended P.L. 91-621, § 6(a) (1).) (22) The term "active duty for training" means (A) full-time duty in the Armed Forces performed by Reserves for training purposes; |