Title 38, United States Code: Veterans' Benefits as Amended Through March 30, 1987 and Related Material

United States

U.S. Government Printing Office, 1987 - Military pensions - 699 pages

Preview this book »

From inside the book

Selected pages

Title Page

Table of Contents

Index

General Provisions	7

COMPENSATION FOR SERVICECONNECTED DISABILITY OR DEATH	11

DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICECONNECTED DEATHS	13

CHAPTER	14

PENSION FOR NONSERVICECONNECTED DISABILITY OR DEATH OR FOR SERVICE	15

HOSPITAL NURSING HOME DOMICILIARY AND MEDICAL CARE	17

INSURANCE	19

SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS	21

Duration limitations	263

Apprenticeship or other onjob training	264

Requirements SUBCHAPTER IV ADMINISTRATION 1642 Reporting requirements 1643 Deposits reports	265

VETERANS EDUCATIONAL ASSISTANCE	267

Time limitations for completing a program of education	271

Educational and vocational counseling	273

ENROLLMENT 1670 Selection of program 1671 Applications approval 1673 Disapproval of enrollment in certain courses	274

Discontinuance for unsatisfactory conduct or progress 1675 REPEALED 1676 Education outside the United States 1677 REPEALED 1678 REPEA...	276

BURIAL BENEFITS	23

VETERANS ADMINISTRATION	26

ans Administration	33

Evaluation and data collection	34

Coordination and promotion of other programs affecting veterans and their dependents 221 Advisory Committee on Former Prisoners of	35

Advisory Committee on Women Veterans	36

VETERANS ADMINISTRATION REGIONAL OFFICES EMPLOYEES 230 Central and regional offices	37

Placement of employees in military installations 232 REPEALED 233 Employees apparel school transportation recreational equipment visual ex hibi...	38

Telephone service for medical officers and facility directors 235 Benefits to employees at overseas offices who are United States citizens	39

Administrative settlement of tort claims arising in foreign countries SUBCHAPTER IV VETERANS OUTREACH SERVICES PROGRAM 240 Purpos...	40

Veterans assistance offices 243 Outstationing of counseling and outreach personnel	41

Utilization of other agencies 245 Report to Congress	42

General Benefits	47

COMPENSATION FOR SERVICECONNECTED DISABILITY OR DEATH Sec 301 Definitions SUBCHAPTER I GENERAL 302 Special provisions...	48

Presumption of sound condition 312 Presumptions relating to certain diseases and disabilities	51

Presumptions rebuttable 314 Rates of wartime disability compensation	52

Additional compensation for dependents	56

WARTIME DEATH COMPENSATION 321 Basic entitlement 322 Rates of wartime death compensation	57

PEACETIME DISABILITY COMPENSATION 331 Basic entitlement 332 Presumption of sound condition 333 Presumptions relating to certain disea...	58

Rates of peacetime disability compensation 335 Additional compensation for dependents 337 Wartime presumptions for certain veterans SUBCHAPT...	59

Persons heretofore having a compensable status 353 Aggravation 354 Consideration to be accorded time place and circumstances of service	60

Authority for schedule for rating disabilities 356 REPEALED 357 Combination of certain ratings	61

Disappearance 359 Protection of service connection 360 Special consideration for certain cases of loss of paired organs or extremities	62

Payment of disability compensation in disability severance cases 362 Clothing allowance 363 Temporary program for trial work periods and vocatio...	63

Sec CHAPTER 13 DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICECONNECTED DEATHS 401 Definitions SUBCHAPTER I ...	66

Deaths entitling survivors to dependency and indemnity compensation	67

Dependency and indemnity compensation to a surviving spouse	68

Benefits in certain cases of inservice or serviceconnected deaths 413 Dependency and indemnity compensation to children	70

Supplemental dependency and indemnity compensation to children	71

Dependency and indemnity compensation to parents	72

Dependency and indemnity compensation in cases of prior deaths	75

Restriction on payments under this chapter SUBCHAPTER III CERTIFICATIONS 421 Certifications with respect to basic pay 422 Certifications with ...	77

Certifications by Administrator	78

PENSION FOR NONSERVICECONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I GENERAL Sec 501 Definitions 502 D...	79

Resource reports and overpayment adjustments	83

Disappearance 508 Frequency of payment of pension benefits SUBCHAPTER II VETERANS PENSIONS Service Pension	84

Definitions 602 Presumption relating to psychosis 603 Contracts for hospital care and medical services in nonVeterans Administra tion facilities SUB...	101

ities	118

620B Respite care	131

620C Communitybased psychiatric residential treatment for chronically mentally ill veterans	132

MISCELLANEOUS PROVISIONS RELATING TO HOSPITAL AND NURSING HOME CARE AND MEDICAL TREATMENT OF VETERANS 62...	134

Furnishing of clothing 624 Hospital care medical services and nursing home care abroad 7	136

REPEALED	137

Recovery by the United States of the cost of certain care and services	138

Community residential care SUBCHAPTER IV HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN THE REPUBLIC OF THE P...	142

Contracts and grants to provide for the care and treatment of United States veterans by the Veterans Memorial Medical Center	143

Supervision of program by the President 634 Hospital and nursing home care and medical services in the United States 635 Definitions	144

PAYMENTS TO STATE HOMES 641 Criteria for payment 642 Inspections of such homes restrictions on beneficiaries 643 Applications	145

REPEALED SUBCHAPTER VI SICKLE CELL ANEMIA 651 Screening counseling and medical treatment 652 Research 653 Voluntary participatio...	146

Definition 663 Preventive healthcare services	147

Reports	148

INSURANCE SUBCHAPTER I NATIONAL SERVICE LIFE INSURANCE	149

Definitions 702 Premium rates and policy values 703 Amount of insurance	150

Plans of insurance	151

Renewal 706 Policy provisions 707 Payment or use of dividends	153

Premium payments	154

Effective date of insurance 710 Incontestability 711 Forfeiture 712 Total disability waiver	155

Death before six months total disability 714 Statutory total disabilities 715 Total disability income provision	157

Insurance which matured before August 1 1946	158

Insurance maturing on or after August 1 1946	159

Assignments	161

National Service Life Insurance appropriation 720 National Service Life Insurance Fund 721 Extra hazard costs	162

Service disabled veterans insurance	163

Veterans special life insurance	165

Inservice waiver of premiums	166

Limited period for acquiring insurance	167

Authority for higher interest rates for amounts payable to beneficiaries SUBCHAPTER II UNITED STATES GOVERNMENT LIFE INSURANCE 74...	170

Amount of insurance	171

Dividends to pay premiums 747 Incontestability	173

Total disability provision	174

Change of beneficiary 750 Payment to estates 751 Payment of insurance 752 Optional settlement	175

Assignments 754 Forfeiture 755 United States Government Life Insurance Fund	176

Military and naval insurance appropriation 757 Extra hazard costs	177

Statutory total permanent disability 759 Waiver of disability for reinstatement	178

Waiver of premium payments on due date	179

Authority for higher interest rates for amounts payable to beneficiaries 765 SUBCHAPTER III SERVICEMENS GROUP LIFE INSURANCE Definiti...	180

Eligible insurance companies	182

Persons insured amount	183

Duration and termination of coverage conversion	185

Deductions payment investment expenses	187

Beneficiaries payment of insurance	190

Basic tables of premiums readjustment of rates	192

Benefit certificates	193

Forfeiture 774 775 Advisory Council on Servicemens Group Life Insurance Jurisdiction of District Courts 776 Effective date	194

Veterans Group Life Insurance	195

Reinstatement 779 Incontestability SUBCHAPTER IV GENERAL 781 Replacement of surrendered and expired insurance	198

Administrative cost 783 Settlements for minors or incompetents 784 Suits on insurance	199

Decisions by the Administrator	201

Deposits in and disbursements from trust funds 787 Penalties 788 Savings provision	202

SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS Sec 801 Veterans eligible for assistance 802 Limitations on assistance furnished 8...	203

Mortgage Protection Life Insurance	209

Sec CHAPTER 23 BURIAL BENEFITS 901 Flags 902 Funeral expenses 903 Death in Veterans Administration facility plot allowance 904 Claims for...	210

NATIONAL CEMETERIES AND MEMORIALS Sec 1000 Establishment of National Cemetery System composition of such system ap pointment of ...	215

Readjustment and Related Benefits	223

ALLVOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM SUBCHAPTER I PURPOSES DEFINITIONS Sec 1401 Purposes 1402 Defi...	224

for the convenience of the reader	226

Bar to duplication of educational assistance benefits	235

Program administration 1435 Allocation of administration and of program costs	236

Reporting requirement	237

TRAINING AND REHABILITATION FOR VETERANS WITH SERVICECONNECT ED DISABILITIES	239

Individualized vocational rehabilitation plan	246

Allowances	249

Entitlement to independent living services and assistance 1510 Leaves of absence 1511 Regulations to promote satisfactory conduct and cooperation	250

Vocational rehabilitation for hospitalized members of the Armed Forces and veterans	251

Vocational rehabilitation outside the United States 1515 Rehabilitation resources 1516 Promotion of employment and training opportunities	252

Employment assistance	253

Personnel training development and qualifications	254

Rehabilitation research and special projects	255

Program of independent living services and assistance 1521 Veterans Advisory Committee on Rehabilitation	256

POSTVIETNAM ERA VETERANS EDUCATIONAL ASSISTANCE	258

Contributions matching fund	260

Refunds of contributions upon disenrollment	261

Death of participant 1625 Discharge or release under conditions which would bar the use of benefits SUBCHAPTER III ENTITLEMENT DURATIO...	262

510	277

Education loans 1687 REPEALED SUBCHAPTER V SPECIAL ASSISTANCE FOR THE EDUCATIONALLY DISADVANTAGED 1690 Purpose 1...	284

Special supplementary assistance	285

Effect on educational entitlement SUBCHAPTER VI REPEALED 1695 to 1698 REPEALED	286

SURVIVORS AND DEPENDENTS EDUCATIONAL ASSISTANCE	287

Purpose 1701 Definitions	288

ELIGIBILITY AND ENTITLEMENT 1710 Eligibility and entitlement generally 1711 Duration of educational assistance 1712 Periods of eligibility	291

Application 1714 Processing of applications SUBCHAPTER III PROGRAM OF EDUCATION 1720 Educational and vocational counseling 1721 Ap...	295

REPEALED 1723 Disapproval of enrollment in certain courses	296

Discontinuance for unsatisfactory progress 1725 REPEALED 1726 REPEALED SUBCHAPTER IV PAYMENTS TO ELIGIBLE PERSONS 1731 E...	297

Special assistance for the educationally disadvantaged 1734 Apprenticeship or other onjob training correspondence courses	299

Approval of courses 1736 Specialized vocational training courses 1737 Education loans 1738 Accelerated payment of educational assistance allowan...	300

Special training allowance 1743 Special administrative provisions	301

MISCELLANEOUS PROVISIONS 1761 Authority and duties of Administrator 1762 Nonduplication of benefits 1763 Notification of eligibility	302

REPEALED SUBCHAPTER VII PHILIPPINE COMMONWEALTH ARMY AND PHILIPPINE SCOUTS	303

ADMINISTRATION OF EDUCATIONAL BENEFITS	305

HOUSING AND SMALL BUSINESS LOANS	340

Direct loan revolving fund 1824 Loan guaranty revolving fund	372

Waiver of discharge requirements for hospitalized persons	373

Withholding of payments benefits etc 1827 Expenditures to correct or compensate for structural defects in mortgaged homes 1828 Exemption from ...	374

Loan fee 1830 Use of attorneys in court	375

Appraisals	376

SMALL BUSINESS LOANS 1841 Definitions 1842 Small business loan program	377

Liability on loans	379

Approval of loans by the Administrator 1845 Interest on loans 1846 Maturity of loans 1847 Eligible financial institutions	380

Preference for disabled veterans 1849 Revolving fund	381

Incorporation of other provisions by the Administrator 1851 Termination of program	382

AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETER ANS AND MEMBERS OF THE ARMED FORCES	383

JOB COUNSELING TRAINING AND PLACEMENT SERVICE FOR VETERANS	387

EMPLOYMENT AND TRAINING OF DISABLED AND VIETNAM ERA VETER	393

EMPLOYMENT AND TRAINING OF DISABLED AND VIETNAM ERA VETERANS Sec 2011 Definitions 2012 Veterans employment emphasis u...	398

VETERANS REEMPLOYMENT RIGHTS	403

General Administrative Provisions	411

APPLICATIONS EFFECTIVE DATES AND PAYMENTS SUBCHAPTER I APPLICATIONS Sec 3001 Claims and forms 3002 Application forms fu...	412

Cancellation of checks mailed to deceased payees	420

Rounding down of pension rates	421

Sec CHAPTER 53 SPECIAL PROVISIONS RELATING TO BENEFITS 3101 Nonassignability and exempt status of benefits	422

Waiver of recovery of claims by the United States	424

Certain bars to benefits	425

3103A Minimum activeduty service requirement	427

Prohibition against duplication of benefits	429

Waiver of retired pay 3106 Renouncement of right to benefits 3107 Apportionment of benefits	430

Withholding benefits of persons in territory of the enemy 3109 Payment of certain withheld benefits	431

Payment of benefits for month of death 3111 Prohibition of certain benefit payments 3112 Annual adjustment of certain benefit rates	432

Limitation on payment of compensation and dependency and indemnity com pensation to persons incarcerated for conviction of a felony	433

Indebtedness offsets 3115 Interest and administrative cost charges on delinquent payments of certain amounts due the United States	435

Authority to sue to collect certain debts	436

Sec CHAPTER 55 MINORS INCOMPETENTS AND OTHER WARDS 3201 Commitment actions 3202 Payments to and supervision of fiduciaries 3...	438

RECORDS AND INVESTIGATIONS SUBCHAPTER I RECORDS Sec 3301 Confidential nature of claims 3302 Furnishing of records	444

Certification of records of District of Columbia 3304 Transcript of trial records 3305 Confidentiality of medical qualityassurance records	449

INVESTIGATIONS 3311 Authority to issue subpoenas	451

Validity of affidavits 3313 Disobedience to subpoena	452

AGENTS AND ATTORNEYS Sec 3401 Prohibition against acting as claims agent or attorney 3402 Recognition of representatives of organizations 3...	453

PENAL AND FORFEITURE PROVISIONS 3501 Misappropriation by fiduciaries 3502 Fraudulent acceptance of payments 3503 Forfeiture for fraud...	455

Forfeiture for subversive activities	457

Boards and Departments	459

Composition of Board of Veterans Appeals 4002 Assignment of members of Board 4003 4004 Determinations by the Board Jurisdiction of the Boar...	460

Rejection of applications 4009 Independent medical opinions	464

DEPARTMENT OF MEDICINE AND SURGERY Sec SUBCHAPTER I ORGANIZATION GENERAL 4101 Functions of Department 4102 Division...	465

Department of Medicine and Surgery 4101	466

Disciplinary boards	485

Appointment of additional employees 4112 Special medical advisory group and other advisory bodies	486

Travel expenses of employees 4114 Temporary fulltime parttime and without compensation appointments	487

residences and internships	489

Regulations 4116 Defense of certain malpractice and negligence suits	491

Contracts of scarce medical specialist services 4118 Special pay for physicians and dentists	493

Relationship between this subchapter and other provisions of	500

Supervision and staffing of centers 4123 Personnel eligible for training	501

Consultation SUBCHAPTER III PROTECTION OF PATIENT RIGHTS 4131 Informed consent 4132 Confidentiality of certain medical records	502

Nondiscrimination in the admission of alcohol and drug abusers to Veterans Administration health care facilities	503

Coordination reports	504

VETERANS ADMINISTRATION HEALTH PROFESSIONAL SCHOLARSHIP PROGRAM 4141 Establishment of program purpose duration 4142 ...	505

Obligated service	511

Breach of contract liability waiver	512

Exemption of scholarship payments from taxation	513

Program subject to availability of appropriations SUBCHAPTER V QUALITY ASSURANCE 4151 Quality assurance program	514

Quality assurance reports	515

Purpose of Veterans Canteen Service 4202 Duties of Administrator with respect to Service	517

Operation of Service	518

Financing of Service 4205 Revolving fund 4206 Budget of Service	519

Audit of accounts 4208 Service to be independent unit	520

Acquisition and Disposition of Property	521

DOMICILIARY FACILITIES PROCUREMENT AND SUPPLY SUBCHAPTER I ACQUISITION AND OPERATION OF MEDICAL FACILITIES 5...	522

Structural requirements	526

Construction contracts 5007 Operational and construction plans for medical facilities	527

Contributions to local authorities	528

Parking facilities	529

Operation of medical facilities	530

Sharing of Veterans Administration and Department of Defense healthcare resources	535

5011A Furnishing of healthcare services to members of the Armed Forces during a war or national emergency	538

Partial relinquishment of legislative jurisdiction 5013 Property formerly owned by National Home for Disabled Volunteer Soldiers	540

Use of federally owned facilities use of personnel 5015 Acceptance of certain property SUBCHAPTER II PROCUREMENT AND SUPPLY	541

Revolving supply fund	542

Recapture provisions 5037 State control of operations SUBCHAPTER IV SHARING OF MEDICAL FACILITIES EQUIPMENT AND INFORMATI...	548

Definitions 5053 Specialized medical resources	549

Exchange of medical information	550

Pilot programs grants to medical schools	551

Coordination with health services development activities carried out under the National Health Planning and Resources Development Act of 1974	553

ASSISTANCE IN ESTABLISHING NEW STATE MEDICAL SCHOOLS GRANTS TO AFFILIATED MEDICAL SCHOOLS ASSISTANCE TO HE...	554

Authorization of appropriations	556

Pilot program assistance	557

Limitations SUBCHAPTER II GRANTS TO AFFILIATED MEDICAL SCHOOLS 5081 Declaration of purpose 5082 Authorization of appropriations	558

Grants SUBCHAPTER III ASSISTANCE TO PUBLIC AND NONPROFIT INSTITUTIONS OF HIGHER LEARNING HOSPITALS AND OTHER HE...	560

EXPANSION OF VETERANS ADMINISTRATION HOSPITAL EDUCATION AND TRAINING CAPACITY 5096 Expenditures to remodel and ma...	561

ACCEPTANCE OF GIFTS AND BEQUESTS Sec 5101 Authority to accept gifts devises and bequests 5102 Legal proceedings 5103 Restricted gifts 5...	562

Provisions affecting prior pension law	582

of the National Cemeteries Act of 1973	597

Cross references in title 38	620

Table of Public Laws amending title 38	626

Index to Title 38	637

Confederate forces veterans	640

Children of certain Philippine veterans 1766 Definitions	654

Indian War veterans 512 SpanishAmerican War veterans NonServiceConnected Disability Pension 521 Veterans of a period of war 522 Net worth li...	688

Other editions - View all

Title 38--United States Code: Veterans' Benefits. January 28, 1975
United States,United States. Congress. Senate. Committee on Veterans' Affairs
Full view - 1975

Title 37, United States Code: Pay and Allowances of the Uniformed Services ...
United States
Full view - 1991

Title 10, United States Code: Armed ..., Volumes 1-2; Volume 4; Volumes 53-996
United States
Full view - 1996

View all »

Common terms and phrases

active duty active military Added P.L. Adminis Administrator determines Administrator shall prescribe air service amended P.L. amount annual income application appropriate Armed Forces authorized beneficiary benefits cemetery centum Chief Medical Director child contract cost course death December 31 dental auxiliaries dependency and indemnity discharge or release educational assistance allowance educational institution eligible person eligible veteran employees employment enrollment entitled exceed facility fiscal full-time fund furnished gible Group Life Insurance health-care hospital indemnity compensation individual Korean conflict laws administered loan ment ministrator month National Service naval necessary nursing home paid paragraph participant payable payment pension period premiums program of education purposes pursuant reason receive regulations rehabilitation September 30 Service Life Insurance service-connected disability Spanish-American War Stat subchapter subparagraph subsection surviving spouse term thereof tion Title 38 total disability trator United United States Code veter veteran or person vocational waiver World War II

Bibliographic information

Title	Title 38, United States Code: Veterans' Benefits as Amended Through March 30, 1987 and Related Material House committee print
Author	United States
Contributors	United States. Congress. House. Committee on Veterans' Affairs, United States. Congress. Senate. Committee on Veterans' Affairs
Publisher	U.S. Government Printing Office, 1987
Original from	the University of California
Digitized	16 Nov 2016
Length	699 pages

Export Citation	BiBTeX EndNote RefMan

About Google Books - Privacy Policy - Terms of Service - Information for Publishers - Report an issue - Help - Google Home