81. Acquisition and Operation of Hospital and Domiciliary Facilities; Procurement and Supply...

5001

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.........

5070

5101

5201

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 Veterans' 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

(3) The term "surviving spouse" means (except for purposes chapter 19 of this title) a person of the opposite sex who was the 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

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. 94– 169, § 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 servi or if two persons stood in the relationship of a father or a moth for one year or more, the person who last stood in the relationsh of father or mother before the veteran's last entry into active militar naval, or air service. (Amended P.L. 94-169, § 101 (1) (C).)

(6) The term "Spanish-American War" (A) means the peri beginning on April 21, 1898, and ending on July 4, 1902, (B) includ the Philippine Insurrection and the Boxer Rebellion, and (C) in t case of a veteran who served with the United States military for engaged in hostilities in the Moro Province, means the period beg ning on April 21, 1898, and ending on July 15, 1903.

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

(8) The term "World War II" means (except for purposes of cha ters 31 and 37 of this title) the period beginning on December 7, 19 and ending on December 31, 1946.

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

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

(11) The term "period of war" means the Spanish-American W the Mexican border period, World War I, World War II, the Kor conflict, the Vietnam era, and the period beginning on the date of future declaration of war by the Congress and ending on the o prescribed by Presidential proclamation or concurrent resolution 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 ser in the active military, naval, or air service during a period of wa (13) The term "compensation" means a monthly payment made the Administrator to a veteran because of service-connected disabil or to a surviving spouse, child, or parent of a veteran because of service-connected death of the veteran occurring before Januar 1957. (Amended P.L. 94-169, § 101 (1) (D).)

(14) The term "dependency and indemnity compensation" m a monthly payment made by the Administrator to a surviving spo child, or parent (A) because of a service-connected death occur after December 31, 1956, or (B) pursuant to the election of a sur ing spouse, child, or parent, in the case of such a death occurring be January 1, 1957. (Amended P.L. 94-169, § 101 (1) (E).)

(15) The term "pension" means a monthly or other periodic ment made by the Administrator to a veteran because of service, or non-service-connected disability, or to a surviving spouse or chil a veteran because of the non-service-connected death of the vete (Amended P.L. 94–169, § 101 (1) (F); P.L. 95-588, § 301.)

(16) The term "service-connected" means, with respect to disab or death, that such disability was incurred or aggravated, or that death resulted from a disability incurred or aggravated, in line of 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;

40

(B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps of the Public Health Service (i) on or after July 29, 1945, or (ii) before that date under circumstances affording entitlement to "full military benefits", or (iii) at any time, for the purposes of chapter 13 of this title;

(C) 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, or the prior corresponding provisions of law; and

(D) authorized travel to or from such duty.

The term does not include duty performed as a temporary member of the Coast Guard Reserve.

(23) The term "inactive duty training" means--

(A) 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 of title 37 or any other provision of law; and

(B) 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.

In the case of a member of the National Guard or Air National Guard of any State, such term means duty (other than full-time duty) under section 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law. Such term does not include (i) work or study performed in connection with correspondence courses, (ii) attendance at an educational institution in an inactive status, or (iii) duty performed as a temporary member of the Coast Guard Reserve. (Amended P.L. 91-24, § 1(a).)

(24) 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 or died 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 or died from an injury incurred or aggravated in line of duty. (25) The term "Secretary concerned" means

(A) the Secretary of the Army, with respect to matters concerning the Army;

(B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps;

(C) the Secretary of the Air Force, with respect to matters concerning the Air Force; .

(D) the Secretary of Transportation, with respect to matters concerning the Coast Guard;

(E) the Secretary of Health, Education, and Welfare, with respect to matters concerning the Public Health Service; and

(F) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration