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sgtgoose1
Moderator posted April 02, 2005 13:48
--------------------------------------------------------------------------------
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+38USC1110
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 38USC1110]

TITLE 38--VETERANS' BENEFITS

PART II--GENERAL BENEFITS

CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II--WARTIME DISABILITY COMPENSATION

Sec. 1110. Basic entitlement

For disability resulting from personal injury suffered or disease
contracted in line of duty, or for aggravation of a preexisting injury
suffered or disease contracted in line of duty, in the active military,
naval, or air service, during a period of war, the United States will
pay to any veteran thus disabled and who was discharged or released
under conditions other than dishonorable from the period of service in
which said injury or disease was incurred, or preexisting injury or
disease was aggravated, compensation as provided in this subchapter, but
no compensation shall be paid if the disability is a result of the
veteran's own willful misconduct or abuse of alcohol or drugs.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 310; Pub. L. 101-
508, title VIII, Sec. 8052(a)(2), Nov. 5, 1990, 104 Stat. 1388-351;
renumbered Sec. 1110, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat.
406; Pub. L. 105-178, title VIII, Sec. 8202(a), June 9, 1998, 112 Stat.
492; Pub. L. 105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat.
865.)


Amendments

1998--Pub. L. 105-178, which directed the substitution of ``, abuse
of alcohol or drugs, or use of tobacco products'' for ``or abuse of
alcohol or drugs'' before the period at end, was amended generally by
Pub. L. 105-206, which provided that the amendments made by that section
as originally enacted shall be treated for all purposes as not having
been made. See Effective Date of 1998 Amendment note below.
1991--Pub. L. 102-83 renumbered section 310 of this title as this
section.
1990--Pub. L. 101-508 substituted ``a result of the veteran's own
willful misconduct or abuse of alcohol or drugs'' for ``the result of
the veteran's own willful misconduct''.


Effective Date of 1998 Amendment

Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178 as in effect on day
before July 22, 1998, that are amended by title IX of Pub. L. 105-206 to
be treated as not enacted, see section 9016 of Pub. L. 105-206, set out
as a note under section 101 of Title 23, Highways.


Effective Date of 1990 Amendment

Amendment by Pub. L. 101-508 effective with respect to claims filed
after Oct. 31, 1990, see section 8052(b) of Pub. L. 101-508, set out as
a note under section 105 of this title.


Construction of 1998 Amendment

Pub. L. 105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat.
865, provided that section 8202 of Pub. L. 105-178 is amended generally
and that the amendments made by that section as originally enacted shall
be treated for all purposes as not having been made.

Section Referred to in Other Sections

This section is referred to in sections 1111, 1112, 1114, 1116, 1118
of this title.





sgtgoose1
Moderator posted April 02, 2005 13:50
--------------------------------------------------------------------------------
http://www.access.gpo.gov/uscode/title38/partii_chapter11_subchapterii_.html
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 38USC1111]


TITLE 38--VETERANS' BENEFITS

PART II--GENERAL BENEFITS

CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II--WARTIME DISABILITY COMPENSATION

Sec. 1111. Presumption of sound condition

For the purposes of section 1110 of this title, every veteran shall
be taken to have been in sound condition when examined, accepted, and
enrolled for service, except as to defects, infirmities, or disorders
noted at the time of the examination, acceptance, and enrollment, or
where clear and unmistakable evidence demonstrates that the injury or
disease existed before acceptance and enrollment and was not aggravated
by such service.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 311; renumbered
Sec. 1111 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 406.)


Amendments

1991--Pub. L. 102-83, Sec. 5(a), renumbered section 311 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for ``310''.

Section Referred to in Other Sections

This section is referred to in section 1137 of this title.





sgtgoose1
Moderator posted April 02, 2005 13:52
--------------------------------------------------------------------------------
http://www.access.gpo.gov/uscode/title38/partii_chapter11_subchapterii_.html
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 38USC1112]


TITLE 38--VETERANS' BENEFITS

PART II--GENERAL BENEFITS

CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II--WARTIME DISABILITY COMPENSATION

Sec. 1112. Presumptions relating to certain diseases and
disabilities

(a) For the purposes of section 1110 of this title, and subject to
the provisions of section 1113 of this title, in the case of any veteran
who served for ninety days or more during a period of war--
(1) a chronic disease becoming manifest to a degree of 10
percent or more within one year from the date of separation from
such service;
(2) a tropical disease, and the resultant disorders or disease
originating because of therapy, administered in connection with such
diseases, or as a preventative thereof, becoming manifest to a
degree of 10 percent or more within one year from the date of
separation from such service, or at a time when standard or accepted
treatises indicate that the incubation period thereof commenced
during such service;
(3) active tuberculous disease developing a 10 percent degree of
disability or more within three years from the date of separation
from such service;
(4) multiple sclerosis developing a 10 percent degree of
disability or more within seven years from the date of separation
from such service;
(5) Hansen's disease developing a 10 percent degree of
disability or more within three years from the date of separation
from such service;

shall be considered to have been incurred in or aggravated by such
service, notwithstanding there is no record of evidence of such disease
during the period of service.
(b) For the purposes of section 1110 of this title and subject to
the provisions of section 1113 of this title, in the case of a veteran
who is a former prisoner of war and who was detained or interned for not
less than thirty days, the disease of--
(1) avitaminosis,
(2) beriberi (including beriberi heart disease),
(3) chronic dysentery,
(4) helminthiasis,
(5) malnutrition (including optic atrophy associated with
malnutrition),
(6) pellagra,
(7) any other nutritional deficiency,
(8) psychosis,
(9) any of the anxiety states,
(10) dysthymic disorder (or depressive neurosis),
(11) organic residuals of frostbite, if the Secretary determines
that the veteran was interned in climatic conditions consistent with
the occurrence of frostbite,
(12) post-traumatic osteoarthritis,
(13) peripheral neuropathy except where directly related to
infectious causes,
(14) irritable bowel syndrome, or
(15) peptic ulcer disease,

which became manifest to a degree of 10 percent or more after active
military, naval, or air service shall be considered to have been
incurred in or aggravated by such service, notwithstanding that there is
no record of such disease during the period of service.
(c)(1) For the purposes of section 1110 of this title, and subject
to the provisions of section 1113 of this title, a disease specified in
paragraph (2) of this subsection becoming manifest in a radiation-
exposed veteran shall be considered to have been incurred in or
aggravated during active military, naval, or air service,
notwithstanding that there is no record of evidence of such disease
during a period of such service.
(2) The diseases referred to in paragraph (1) of this subsection are
the following:
(A) Leukemia (other than chronic lymphocytic leukemia).
(B) Cancer of the thyroid.
(C) Cancer of the breast.
(D) Cancer of the pharynx.
(E) Cancer of the esophagus.
(F) Cancer of the stomach.
(G) Cancer of the small intestine.
(H) Cancer of the pancreas.
(I) Multiple myeloma.
(J) Lymphomas (except Hodgkin's disease).
(K) Cancer of the bile ducts.
(L) Cancer of the gall bladder.
(M) Primary liver cancer (except if cirrhosis or hepatitis B is
indicated).
(N) Cancer of the salivary gland.
(O) Cancer of the urinary tract.
(P) Bronchiolo-alveolar carcinoma.

(3) For the purposes of this subsection:
(A) The term ``radiation-exposed veteran'' means (i) a veteran
who, while serving on active duty, participated in a radiation-risk
activity, or (ii) an individual who, while a member of a reserve
component of the Armed Forces, participated in a radiation-risk
activity during a period of active duty for training or inactive
duty training.
(B) The term ``radiation-risk activity'' means any of the
following:
(i) Onsite participation in a test involving the atmospheric
detonation of a nuclear device (without regard to whether the
nation conducting the test was the United States or another
nation).
(ii) The occupation of Hiroshima or Nagasaki, Japan, by
United States forces during the period beginning on August 6,
1945, and ending on July 1, 1946.
(iii) Internment as prisoner of war in Japan (or service on
active duty in Japan immediately following such internment)
during World War II which (as determined by the Secretary)
resulted in an opportunity for exposure to ionizing radiation
comparable to that of veterans described in clause (ii) of this
subparagraph.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 312; Pub. L. 86-187,
Aug. 25, 1959, 73 Stat. 418; Pub. L. 86-188, Aug. 25, 1959, 73 Stat.
418; Pub. L. 87-645, Sec. 3, Sept. 7, 1962, 76 Stat. 442; Pub. L. 91-
376, Sec. 3(a), (b), Aug. 12, 1970, 84 Stat. 788, 789; Pub. L. 97-37,
Sec. 4(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 98-223, title I,
Secs. 101(c), 111, Mar. 2, 1984, 98 Stat. 38, 40; Pub. L. 99-576, title
I, Sec. 108(a), Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100-321,
Sec. 2(a), May 20, 1988, 102 Stat. 485; Pub. L. 100-322, title III,
Sec. 312, May 20, 1988, 102 Stat. 534; renumbered Sec. 1112 and amended
Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105
Stat. 404-406; Pub. L. 102-86, title I, Secs. 104(a), 105, Aug. 14,
1991, 105 Stat. 415; Pub. L. 102-578, Sec. 2(a), Oct. 30, 1992, 106
Stat. 4774; Pub. L. 103-446, title V, Sec. 501(a), Nov. 2, 1994, 108
Stat. 4663; Pub. L. 106-117, title V, Sec. 503, Nov. 30, 1999, 113 Stat.
1575.)


Amendments

1999--Subsec. (c)(2)(P). Pub. L. 106-117 added subpar. (P).
1994--Subsec. (c)(3)(B)(i). Pub. L. 103-446 inserted before period
at end ``(without regard to whether the nation conducting the test was
the United States or another nation)''.
1992--Subsec. (c)(1). Pub. L. 102-578, Sec. 2(a)(1), struck out ``to
a degree of 10 percent or more within the presumption period (as
specified in paragraph (3) of this subsection)'' after ``radiation-
exposed veteran''.
Subsec. (c)(2)(N), (O). Pub. L. 102-578, Sec. 2(a)(2), added
subpars. (N) and (O).
Subsec. (c)(3), (4). Pub. L. 102-578, Sec. 2(a)(3), (4),
redesignated par. (4) as (3) and struck out former par. (3) which read
as follows: ``The presumption period for purposes of paragraph (1) of
this subsection is the 40-year period beginning on the last date on
which the veteran participated in a radiation-risk activity.''
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 312 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for
``310'' and ``1113'' for ``313'' in introductory provisions.
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for
``310'' and ``1113'' for ``313'' in introductory provisions.
Subsec. (b)(11). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Subsec. (c)(1). Pub. L. 102-86, Sec. 105(1), amended subsec. (c)(1)
of this section as in effect before the redesignations made by Pub. L.
102-83, Sec. 5, by substituting ``during active military, naval, or air
service'' for ``during the veteran's service on active duty'' and
``during a period'' for ``during the period''.
Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for ``310'' and
``1113'' for ``313''.
Subsec. (c)(3). Pub. L. 102-86, Sec. 104(a), amended subsec. (c)(3)
of this section as in effect before the redesignations made by Pub. L.
102-83, Sec. 5, by striking out before period at end ``, except that
such period shall be the 30-year period beginning on that date in the
case of leukemia (other than chronic lymphocytic leukemia)''.
Subsec. (c)(4)(A). Pub. L. 102-86, Sec. 105(2), amended subsec.
(c)(4)(A) of this section as in effect before the redesignations made by
Pub. L. 102-83, Sec. 5, by inserting ``(i)'' after ``means'' and adding
cl. (ii).
Subsec. (c)(4)(B)(iii). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator''.
1988--Subsec. (b)(13) to (15). Pub. L. 100-322 added pars. (13) to
(15).
Subsec. (c). Pub. L. 100-321 added subsec. (c).
1986--Subsec. (b)(11), (12). Pub. L. 99-576 added pars. (11) and
(12).
1984--Subsec. (a)(1) to (5). Pub. L. 98-223, Sec. 101(c),
substituted ``percent'' for ``per centum''.
Subsec. (b). Pub. L. 98-223, Sec. 111, added par. (10).
Pub. L. 98-223, Sec. 101(c), substituted ``percent'' for ``per
centum'' in provision following par. (10).
1981--Subsecs. (b), (c). Pub. L. 97-37, Sec. 4(a)(1), (2),
redesignated subsec. (c) as (b) and generally revised structure so as to
include anxiety states as a listed disease, and exclude the enumerated
armed conflicts and resulting treatment incurred. Former subsec. (b),
relating to treatment as a prisoner of war as deemed in violation of the
Geneva Conventions of 1929 and 1949, was struck out.
1970--Pub. L. 91-376 inserted reference to disabilities in section
catchline, designated existing provisions as subsec. (a), and added
subsecs. (b) and (c).
1962--Pub. L. 87-645 substituted ``seven years'' for ``three years''
in par. (4).
1959--Pub. L. 86-188 inserted par. (5).
Pub. L. 86-187 substituted ``three years'' for ``two years'' in par.
(4).


Effective Date of 1992 Amendment

Section 2(b) of Pub. L. 102-578 provided that: ``The amendments made
by subsection (a) [amending this section] shall take effect on October
1, 1992.''


Effective Date of 1991 Amendment

Section 104(b) of Pub. L. 102-86 provided that: ``No benefit may be
paid by reason of the amendment made by subsection (a) [amending this
section] for any period before the date of the enactment of this Act
[Aug. 14, 1991].''


Effective Date of 1988 Amendment

Section 2(b) of Pub. L. 100-321 provided that: ``Subsection (c) of
section 312 [now 1112] of title 38, United States Code, as added by
subsection (a), shall take effect on May 1, 1988.''


Effective Date of 1986 Amendment

Section 108(b) of Pub. L. 99-576 provided that: ``The amendments
made by subsection (a) [amending this section] shall take effect as of
October 1, 1986.''


Effective Date of 1984 Amendment

Amendment by section 101(c) of Pub. L. 98-223 effective Apr. 1,
1984, see section 107 of Pub. L. 98-223, set out as a note under section
1114 of this title.
Section 114 of Pub. L. 98-223 provided that: ``The amendments made
by this part [part B (Secs. 111-114) of title I of Pub. L. 98-223,
amending this section and sections 314 and 3011 [now 1114 and 5111] of
this title] shall take effect as of October 1, 1983.''


Effective Date of 1981 Amendment

Section 4(b) of Pub. L. 97-37 provided that: ``The amendments made
by subsection (a) [amending this section] shall take effect on October
1, 1981.''


Effective Date of 1962 Amendment

Section 4 of Pub. L. 87-645 provided that: ``This Act [amending this
section and sections 314 and 3203 [now 1114 and 5503] of this title and
enacting provisions set out as a note under section 1114 of this title]
shall take effect on the first day of the first calendar month which
begins after the date of enactment of this Act [Sept. 7, 1962] but no
payments shall be made by reason of this Act for any period before such
effective date. The increased rate of compensation payable to any
veteran entitled thereto on such first day shall be further increased,
for such month only, in an amount equal to three times the monthly
increase provided for such veteran by the amendments made by this Act.''

Section Referred to in Other Sections

This section is referred to in sections 1103, 1113, 1137, 1710 of
this title; title 42 section 7385j.[/url]





sgtgoose1
Moderator posted April 02, 2005 13:54
--------------------------------------------------------------------------------
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+38USC1113
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 38USC1113]


TITLE 38--VETERANS' BENEFITS

PART II--GENERAL BENEFITS

CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II--WARTIME DISABILITY COMPENSATION

Sec. 1113. Presumptions rebuttable

(a) Where there is affirmative evidence to the contrary, or evidence
to establish that an intercurrent injury or disease which is a
recognized cause of any of the diseases or disabilities within the
purview of section 1112, 1116, 1117, or 1118 of this title, has been
suffered between the date of separation from service and the onset of
any such diseases or disabilities, or the disability is due to the
veteran's own willful misconduct, service-connection pursuant to section
1112, 1116, or 1118 of this title, or payments of compensation pursuant
to section 1117 of this title, will not be in order.
(b) Nothing in section 1112, 1116, 1117, or 1118 of this title,
subsection (a) of this section, or section 5 of Public Law 98-542 (38
U.S.C. 1154 note) shall be construed to prevent the granting of service-
connection for any disease or disorder otherwise shown by sound judgment
to have been incurred in or aggravated by active military, naval, or air
service.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 313; Pub. L. 102-4,
Sec. 2(b), Feb. 6, 1991, 105 Stat. 13; renumbered Sec. 1113 and amended
Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L.
103-446, title I, Sec. 106(b), title V, Sec. 501(b)(1), Nov. 2, 1994,
108 Stat. 4651, 4663; Pub. L. 105-277, div. C, title XVI, Sec. 1602(b),
Oct. 21, 1998, 112 Stat. 2681-744.)


Amendments

1998--Subsec. (a). Pub. L. 105-277 substituted ``1117, or 1118'' for
``or 1117'' and ``, 1116, or 1118'' for ``or 1116''.
Subsec. (b). Pub. L. 105-277, Sec. 1602(b)(1), substituted ``1117,
or 1118'' for ``or 1117''.
1994--Subsec. (a). Pub. L. 103-446, Sec. 106(b), inserted ``or
disabilities'' after ``diseases'' in two places, substituted ``purview
of section 1112, 1116, or 1117'' for ``purview of section 1112 or
1116'', and inserted ``, or payments of compensation pursuant to section
1117 of this title,'' before ``will not''.
Subsec. (b). Pub. L. 103-446, Sec. 501(b)(1), substituted ``title,''
for ``title or'' and inserted ``, or section 5 of Public Law 98-542 (38
U.S.C. 1154 note)'' after ``of this section''.
Pub. L. 103-446, Sec. 106(b)(1), substituted ``section 1112, 1116,
or 1117'' for ``section 1112 or 1116''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 313 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted ``1112 or 1116'' for ``312
or 316'' wherever appearing.
Pub. L. 102-4 inserted ``or 316'' after ``section 312'' wherever
appearing.


Effective Date of 1994 Amendment

Section 501(b)(2) of Pub. L. 103-446 provided that: ``The amendments
made by paragraph (1) [amending this section] shall apply with respect
to applications for veterans benefits that are submitted to the
Secretary of Veterans Affairs after the date of the enactment of this
Act [Nov. 2, 1994].''

Section Referred to in Other Sections

This section is referred to in sections 1112, 1116, 1118, 1137 of
this title.





sgtgoose1
Moderator posted April 02, 2005 13:57
--------------------------------------------------------------------------------
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+38USC1114
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 38USC1114]

TITLE 38--VETERANS' BENEFITS

PART II--GENERAL BENEFITS

CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II--WARTIME DISABILITY COMPENSATION

Sec. 1114. Rates of wartime disability compensation

For the purposes of section 1110 of this title--
(a) if and while the disability is rated 10 percent the monthly
compensation shall be $103;
(b) if and while the disability is rated 20 percent the monthly
compensation shall be $199;
(c) if and while the disability is rated 30 percent the monthly
compensation shall be $306;
(d) if and while the disability is rated 40 percent the monthly
compensation shall be $439;
(e) if and while the disability is rated 50 percent the monthly
compensation shall be $625;
(f) if and while the disability is rated 60 percent the monthly
compensation shall be $790;
(g) if and while the disability is rated 70 percent the monthly
compensation shall be $995;
(h) if and while the disability is rated 80 percent the monthly
compensation shall be $1,155;
(i) if and while the disability is rated 90 percent the monthly
compensation shall be $1,299;
(j) if and while the disability is rated as total the monthly
compensation shall be $2,163;
(k) if the veteran, as the result of service-connected
disability, has suffered the anatomical loss or loss of use of one
or more creative organs, or one foot, or one hand, or both buttocks,
or blindness of one eye, having only light perception, has suffered
complete organic aphonia with constant inability to communicate by
speech, or deafness of both ears, having absence of air and bone
conduction, or, in the case of a woman veteran, has suffered the
anatomical loss of one or both breasts (including loss by
mastectomy), the rate of compensation therefor shall be $80 per
month for each such loss or loss of use independent of any other
compensation provided in subsections (a) through (j) or subsection
(s) of this section but in no event to exceed $2,691 per month; and
in the event the veteran has suffered one or more of the
disabilities heretofore specified in this subsection, in addition to
the requirement for any of the rates specified in subsections (l)
through (n) of this section, the rate of compensation shall be
increased by $80 per month for each such loss or loss of use, but in
no event to exceed $3,775 per month;
(l) if the veteran, as the result of service-connected
disability, has suffered the anatomical loss or loss of use of both
feet, or of one hand and one foot, or is blind in both eyes, with 5/
200 visual acuity or less, or is permanently bedridden or so
helpless as to be in need of regular aid and attendance, the monthly
compensation shall be $2,691;
(m) if the veteran, as the result of service-connected
disability, has suffered the anatomical loss or loss of use of both
hands, or of both legs at a level, or with complications, preventing
natural knee action with prostheses in place, or of one arm and one
leg at levels, or with complications, preventing natural elbow and
knee action with prostheses in place, or has suffered blindness in
both eyes having only light perception, or has suffered blindness in
both eyes, rendering such veteran so helpless as to be in need of
regular aid and attendance, the monthly compensation shall be
$2,969;
(n) if the veteran, as the result of service-connected
disability, has suffered the anatomical loss or loss of use of both
arms at levels, or with complications, preventing natural elbow
action with prostheses in place, has suffered the anatomical loss of
both legs so near the hip as to prevent the use of prosthetic
appliances, or has suffered the anatomical loss of one arm and one
leg so near the shoulder and hip as to prevent the use of prosthetic
appliances, or has suffered the anatomical loss of both eyes, or has
suffered blindness without light perception in both eyes, the
monthly compensation shall be $3,378;
(o) if the veteran, as the result of service-connected
disability, has suffered disability under conditions which would
entitle such veteran to two or more of the rates provided in one or
more subsections (l) through (n) of this section, no condition being
considered twice in the determination, or if the veteran has
suffered bilateral deafness (and the hearing impairment in either
one or both ears is service connected) rated at 60 percent or more
disabling and the veteran has also suffered service-connected total
blindness with 5/200 visual acuity or less, or if the veteran has
suffered service-connected total deafness in one ear or bilateral
deafness (and the hearing impairment in either one or both ears is
service connected) rated at 40 percent or more disabling and the
veteran has also suffered service-connected blindness having only
light perception or less, or if the veteran has suffered the
anatomical loss of both arms so near the shoulder as to prevent the
use of prosthetic appliances, the monthly compensation shall be
$3,775;
(p) in the event the veteran's service-connected disabilities
exceed the requirements for any of the rates prescribed in this
section, the Secretary may allow the next higher rate or an
intermediate rate, but in no event in excess of $3,775. In the event
the veteran has suffered service-connected blindness with 5/200
visual acuity or less and (1) has also suffered bilateral deafness
(and the hearing impairment in either one or both ears is service
connected) rated at no less than 30 percent disabling, the Secretary
shall allow the next higher rate, or (2) has also suffered service-
connected total deafness in one ear or service-connected anatomical
loss or loss of use of one hand or one foot, the Secretary shall
allow the next intermediate rate, but in no event in excess of
$3,775. In the event the veteran has suffered service-connected
blindness, having only light perception or less, and has also
suffered bilateral deafness (and the hearing impairment in either
one or both ears is service connected) rated at 10 or 20 percent
disabling, the Secretary shall allow the next intermediate rate, but
in no event in excess of $3,775. In the event the veteran has
suffered the anatomical loss or loss of use, or a combination of
anatomical loss and loss of use, of three extremities, the Secretary
shall allow the next higher rate or intermediate rate, but in no
event in excess of $3,775. Any intermediate rate under this
subsection shall be established at the arithmetic mean, rounded down
to the nearest dollar, between the two rates concerned;
[(q) Repealed. Pub. L. 90-493, Sec. 4(a), Aug. 19, 1968, 82
Stat. 809.]
(r) Subject to section 5503(c) of this title, if any veteran,
otherwise entitled to compensation authorized under subsection (o)
of this section, at the maximum rate authorized under subsection (p)
of this section, or at the intermediate rate authorized between the
rates authorized under subsections (n) and (o) of this section and
at the rate authorized under subsection (k) of this section, is in
need of regular aid and attendance, then, in addition to such
compensation--
(1) the veteran shall be paid a monthly aid and attendance
allowance at the rate of $1,621; or
(2) if the veteran, in addition to such need for regular aid
and attendance, is in need of a higher level of care, such
veteran shall be paid a monthly aid and attendance allowance at
the rate of $2,413, in lieu of the allowance authorized in
clause (1) of this subsection, if the Secretary finds that the
veteran, in the absence of the provision of such care, would
require hospitalization, nursing home care, or other residential
institutional care.

For the purposes of clause (2) of this subsection, need for a higher
level of care shall be considered to be need for personal health-
care services provided on a daily basis in the veteran's home by a
person who is licensed to provide such services or who provides such
services under the regular supervision of a licensed health-care
professional. The existence of the need for such care shall be
determined by a physician employed by the Department or, in areas
where no such physician is available, by a physician carrying out
such function under contract or fee arrangement based on an
examination by such physician. For the purposes of section 1134 of
this title, such allowance shall be considered as additional
compensation payable for disability.
(s) If the veteran has a service-connected disability rated as
total, and (1) has additional service-connected disability or
disabilities independently ratable at 60 percent or more, or, (2) by
reason of such veteran's service-connected disability or
disabilities, is permanently housebound, then the monthly
compensation shall be $2,422. For the purpose of this subsection,
the requirement of ``permanently housebound'' will be considered to
have been met when the veteran is substantially confined to such
veteran's house (ward or clinical areas, if institutionalized) or
immediate premises due to a service-connected disability or
disabilities which it is reasonably certain will remain throughout
such veteran's lifetime.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 314; Pub. L. 85-782,
Sec. 2, Aug. 27, 1958, 72 Stat. 936; Pub. L. 86-663, Sec. 1, July 14,
1960, 74 Stat. 528; Pub. L. 87-645, Secs. 1(a), 2(a), Sept. 7, 1962, 76
Stat. 441; Pub. L. 88-20, Sec. 1, May 15, 1963, 77 Stat. 17; Pub. L. 88-
22, Sec. 1, May 15, 1963, 77 Stat. 18; Pub. L. 89-311, Secs. 1(a), 3(d),
(e), Oct. 31, 1965, 79 Stat. 1154, 1155; Pub. L. 90-77, title IV,
Sec. 401, Aug. 31, 1967, 81 Stat. 190; Pub. L. 90-493, Secs. 1(a), 4(a),
Aug. 19, 1968, 82 Stat. 808, 809; Pub. L. 91-376, Sec. 1(a), Aug. 12,
1970, 84 Stat. 787; Pub. L. 92-328, title I, Sec. 101(a), June 30, 1972,
86 Stat. 393; Pub. L. 93-295, title I, Sec. 101(a), May 31, 1974, 88
Stat. 181; Pub. L. 94-71, title I, Sec. 101(a), Aug. 5, 1975, 89 Stat.
395; Pub. L. 94-433, title I, Sec. 101(a), title IV, Secs. 401(4), (5),
404(6)-(8), Sept. 30, 1976, 90 Stat. 1374, 1377, 1378; Pub. L. 95-117,
title I, Sec. 101(a), Oct. 3, 1977, 91 Stat. 1063; Pub. L. 95-479, title
I, Sec. 101(a)-(d), Oct. 18, 1978, 92 Stat. 1560, 1561; Pub. L. 96-128,
title I, Secs. 101(a), 104, 105, Nov. 28, 1979, 93 Stat. 982, 984; Pub.
L. 96-385, title I, Sec. 101(a), Oct. 7, 1980, 94 Stat. 1528; Pub. L.
97-66, title I, Secs. 101(a), 104, Oct. 17, 1981, 95 Stat. 1026, 1027;
Pub. L. 97-253, title IV, Secs. 404(a), 405(b), Sept. 8, 1982, 96 Stat.
803; Pub. L. 97-306, title I, Secs. 101(a), 107, 111(a), (b), Oct. 14,
1982, 96 Stat. 1429, 1431, 1432; Pub. L. 98-223, title I, Secs. 101(a),
112, Mar. 2, 1984, 98 Stat. 37, 40; Pub. L. 98-543, title I,
Sec. 101(a), Oct. 24, 1984, 98 Stat. 2735; Pub. L. 99-238, title I,
Sec. 101(a), Jan. 13, 1986, 99 Stat. 1765; Pub. L. 99-576, title I,
Secs. 101(a), 109(b), Oct. 28, 1986, 100 Stat. 3250, 3253; Pub. L. 100-
227, title I, Sec. 101(a), Dec. 31, 1987, 101 Stat. 1552; Pub. L. 100-
687, div. B, title XI, Sec. 1101(a), Nov. 18, 1988, 102 Stat. 4123; Pub.
L. 101-237, title I, Sec. 101(a), Dec. 18, 1989, 103 Stat. 2062; Pub. L.
102-3, Sec. 2(a), Feb. 6, 1991, 105 Stat. 7; Pub. L. 102-40, title IV,
Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1114 and
amended Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-152, Sec. 2(a),
Nov. 12, 1991, 105 Stat. 985; Pub. L. 103-78, Sec. 1, Aug. 13, 1993, 107
Stat. 767; Pub. L. 103-140, Sec. 2, Nov. 11, 1993, 107 Stat. 1485; Pub.
L. 105-98, Sec. 2(a), Nov. 19, 1997, 111 Stat. 2155; Pub. L. 106-118,
Sec. 2(a), Nov. 30, 1999, 113 Stat. 1601; Pub. L. 106-419, title III,
Sec. 302, Nov. 1, 2000, 114 Stat. 1853; Pub. L. 107-94, Sec. 2(a), Dec.
21, 2001, 115 Stat. 900; Pub. L. 107-103, title II, Sec. 204(b)(1), Dec.
27, 2001, 115 Stat. 990.)


Amendments

2001--Subsec. (a). Pub. L. 107-94, Sec. 2(a)(1), substituted
``$103'' for ``$98''.
Subsec. (b). Pub. L. 107-94, Sec. 2(a)(2), substituted ``$199'' for
``$188''.
Subsec. (c). Pub. L. 107-94, Sec. 2(a)(3), substituted ``$306'' for
``$288''.
Subsec. (d). Pub. L. 107-94, Sec. 2(a)(4), substituted ``$439'' for
``$413''.
Subsec. (e). Pub. L. 107-94, Sec. 2(a)(5), substituted ``$625'' for
``$589''.
Subsec. (f). Pub. L. 107-94, Sec. 2(a)(6), substituted ``$790'' for
``$743''.
Subsec. (g). Pub. L. 107-94, Sec. 2(a)(7), substituted ``$995'' for
``$937''.
Subsec. (h). Pub. L. 107-94, Sec. 2(a)(8), substituted ``$1,155''
for ``$1,087''.
Subsec. (i). Pub. L. 107-94, Sec. 2(a)(9), substituted ``$1,299''
for ``$1,224''.
Subsec. (j). Pub. L. 107-94, Sec. 2(a)(10), substituted ``$2,163''
for ``$2,036''.
Subsec. (k). Pub. L. 107-94, Sec. 2(a)(11), substituted ``$80'' for
``$76'' in two places, ``$2,691'' for ``$2,533'', and ``$3,775'' for
``$3,553''.
Subsec. (l). Pub. L. 107-94, Sec. 2(a)(12), substituted ``$2,691''
for ``$2,533''.
Subsec. (m). Pub. L. 107-94, Sec. 2(a)(13), substituted ``$2,969''
for ``$2,794''.
Subsec. (n). Pub. L. 107-94, Sec. 2(a)(14), substituted ``$3,378''
for ``$3,179''.
Subsecs. (o), (p). Pub. L. 107-94, Sec. 2(a)(15), substituted
``$3,775'' for ``$3,553'' wherever appearing.
Subsec. (r). Pub. L. 107-103 substituted ``section 5503(c)'' for
``section 5503(e)'' in introductory provisions.
Subsec. (r)(1). Pub. L. 107-94, Sec. 2(a)(16), substituted
``$1,621'' for ``$1,525''.
Subsec. (r)(2). Pub. L. 107-94, Sec. 2(a)(16), substituted
``$2,413'' for ``$2,271''.
Subsec. (s). Pub. L. 107-94, Sec. 2(a)(17), substituted ``$2,422''
for ``$2,280''.
2000--Subsec. (k). Pub. L. 106-419 substituted ``has suffered
complete organic'' for ``or has suffered complete organic'' and inserted
``or, in the case of a woman veteran, has suffered the anatomical loss
of one or both breasts (including loss by mastectomy),'' after ``air and
bone conduction,''.
1999--Subsec. (a). Pub. L. 106-118, Sec. 2(a)(1), substituted
``$98'' for ``$95''.
Subsec. (b). Pub. L. 106-118, Sec. 2(a)(2), substituted ``$188'' for
``$182''.
Subsec. (c). Pub. L. 106-118, Sec. 2(a)(3), substituted ``$288'' for
``$279''.
Subsec. (d). Pub. L. 106-118, Sec. 2(a)(4), substituted ``$413'' for
``$399''.
Subsec. (e). Pub. L. 106-118, Sec. 2(a)(5), substituted ``$589'' for
``$569''.
Subsec. (f). Pub. L. 106-118, Sec. 2(a)(6), substituted ``$743'' for
``$717''.
Subsec. (g). Pub. L. 106-118, Sec. 2(a)(7), substituted ``$937'' for
``$905''.
Subsec. (h). Pub. L. 106-118, Sec. 2(a)(8), substituted ``$1,087''
for ``$1,049''.
Subsec. (i). Pub. L. 106-118, Sec. 2(a)(9), substituted ``$1,224''
for ``$1,181''.
Subsec. (j). Pub. L. 106-118, Sec. 2(a)(10), substituted ``$2,036''
for ``$1,964''.
Subsec. (k). Pub. L. 106-118, Sec. 2(a)(11), substituted ``$76'' for
``$75'' in two places and substituted ``$2,533'' and ``$3,553'' for
``$2,443'' and ``$3,426'', respectively.
Subsec. (l). Pub. L. 106-118, Sec. 2(a)(12), substituted ``$2,533''
for ``$2,443''.
Subsec. (m). Pub. L. 106-118, Sec. 2(a)(13), substituted ``$2,794''
for ``$2,694''.
Subsec. (n). Pub. L. 106-118, Sec. 2(a)(14), substituted ``$3,179''
for ``$3,066''.
Subsecs. (o), (p). Pub. L. 106-118, Sec. 2(a)(15), substituted
``$3,553'' for ``$3,426'' wherever appearing.
Subsec. (r). Pub. L. 106-118, Sec. 2(a)(16), substituted ``$1,525''
and ``$2,271'' for ``$1,471'' and ``$2,190'', respectively.
Subsec. (s). Pub. L. 106-118, Sec. 2(a)(17), substituted ``$2,280''
for ``$2,199''.
1997--Subsec. (a). Pub. L. 105-98, Sec. 2(a)(1), substituted ``$95''
for ``$87''.
Subsec. (b). Pub. L. 105-98, Sec. 2(a)(2), substituted ``$182'' for
``$166''.
Subsec. (c). Pub. L. 105-98, Sec. 2(a)(3), substituted ``$279'' for
``$253''.
Subsec. (d). Pub. L. 105-98, Sec. 2(a)(4), substituted ``$399'' for
``$361''.
Subsec. (e). Pub. L. 105-98, Sec. 2(a)(5), substituted ``$569'' for
``$515''.
Subsec. (f). Pub. L. 105-98, Sec. 2(a)(6), substituted ``$717'' for
``$648''.
Subsec. (g). Pub. L. 105-98, Sec. 2(a)(7), substituted ``$905'' for
``$819''.
Subsec. (h). Pub. L. 105-98, Sec. 2(a)(8), substituted ``$1,049''
for ``$948''.
Subsec. (i). Pub. L. 105-98, Sec. 2(a)(9), substituted ``$1,181''
for ``$1,067''.
Subsec. (j). Pub. L. 105-98, Sec. 2(a)(10), substituted ``$1,964''
for ``$1,774''.
Subsec. (k). Pub. L. 105-98, Sec. 2(a)(11), substituted ``$75'' for
``$70'' in two places and substituted ``$2,443'' and ``$3,426'' for
``$2,207'' and ``$3,093'', respectively.
Subsec. (l). Pub. L. 105-98, Sec. 2(a)(12), substituted ``$2,443''
for ``$2,207''.
Subsec. (m). Pub. L. 105-98, Sec. 2(a)(13), substituted ``$2,694''
for ``$2,432''.
Subsec. (n). Pub. L. 105-98, Sec. 2(a)(14), substituted ``$3,066''
for ``$2,768''.
Subsecs. (o), (p). Pub. L. 105-98, Sec. 2(a)(15), substituted
``$3,426'' for ``$3,093'' wherever appearing.
Subsec. (r). Pub. L. 105-98, Sec. 2(a)(16), substituted ``$1,471''
and ``$2,190'' for ``$1,328'' and ``$1,978'', respectively.
Subsec. (s). Pub. L. 105-98, Sec. 2(a)(17), substituted ``$2,199''
for ``$1,985''.
1993--Subsec. (a). Pub. L. 103-140, Sec. 2(1), substituted ``$87''
for ``$85''.
Pub. L. 103-78, Sec. 1(1), substituted ``$85'' for ``$83''.
Subsec. (b). Pub. L. 103-140, Sec. 2(2), substituted ``$166'' for
``$162''.
Pub. L. 103-78, Sec. 1(2), substituted ``$162'' for ``$157''.
Subsec. (c). Pub. L. 103-140, Sec. 2(3), substituted ``$253'' for
``$247''.
Pub. L. 103-78, Sec. 1(3), substituted ``$247'' for ``$240''.
Subsec. (d). Pub. L. 103-140, Sec. 2(4), substituted ``$361'' for
``$352''.
Pub. L. 103-78, Sec. 1(4), substituted ``$352'' for ``$342''.
Subsec. (e). Pub. L. 103-140, Sec. 2(5), substituted ``$515'' for
``$502''.
Pub. L. 103-78, Sec. 1(5), substituted ``$502'' for ``$487''.
Subsec. (f). Pub. L. 103-140, Sec. 2(6), substituted ``$648'' for
``$632''.
Pub. L. 103-78, Sec. 1(6), substituted ``$632'' for ``$614''.
Subsec. (g). Pub. L. 103-140, Sec. 2(7), substituted ``$819'' for
``$799''.
Pub. L. 103-78, Sec. 1(7), substituted ``$799'' for ``$776''.
Subsec. (h). Pub. L. 103-140, Sec. 2(8), substituted ``$948'' for
``$924''.
Pub. L. 103-78, Sec. 1(8), substituted ``$924'' for ``$897''.
Subsec. (i). Pub. L. 103-140, Sec. 2(9), substituted ``$1,067'' for
``$1,040''.
Pub. L. 103-78, Sec. 1(9), substituted ``$1,040'' for ``$1,010''.
Subsec. (j). Pub. L. 103-140, Sec. 2(10), substituted ``$1,774'' for
``$1,730''.
Pub. L. 103-78, Sec. 1(10), substituted ``$1,730'' for ``$1,680''.
Subsec. (k). Pub. L. 103-140, Sec. 2(11), substituted ``$2,207'' and
``$3,093'' for ``$2,152'' and ``$3,015'', respectively.
Pub. L. 103-78, Sec. 1(11), which directed the substitution of
``$70'' for ``$68'', was executed by making the substitution in two
places to reflect the probable intent of Congress.
Pub. L. 103-78, Sec. 1(11), substituted ``$2,152'' and ``$3,015''
for ``$2,089'' and ``$2,927'', respectively.
Subsec. (l). Pub. L. 103-140, Sec. 2(12), substituted ``$2,207'' for
``$2,152''.
Pub. L. 103-78, Sec. 1(12), substituted ``$2,152'' for ``$2,089''.
Subsec. (m). Pub. L. 103-140, Sec. 2(13), substituted ``$2,432'' for
``$2,371''.
Pub. L. 103-78, Sec. 1(13), substituted ``$2,371'' for ``$2,302''.
Subsec. (n). Pub. L. 103-140, Sec. 2(14), substituted ``$2,768'' for
``$2,698''.
Pub. L. 103-78, Sec. 1(14), substituted ``$2,698'' for ``$2,619''.
Subsec. (o). Pub. L. 103-140, Sec. 2(15), substituted ``$3,093'' for
``$3,015''.
Pub. L. 103-78, Sec. 1(15), substituted ``$3,015'' for ``$2,927''.
Subsec. (p). Pub. L. 103-140, Sec. 2(15), substituted ``$3,093'' for
``$3,015'' wherever appearing.
Pub. L. 103-78, Sec. 1(15), substituted ``$3,015'' for ``$2,927''
wherever appearing.
Subsec. (r). Pub. L. 103-140, Sec. 2(16), substituted ``$1,328'' for
``$1,295'' in par. (1) and ``$1,978'' for ``$1,928'' in par. (2).
Pub. L. 103-78, Sec. 1(16), substituted ``$1,295'' for ``$1,257'' in
par. (1) and ``$1,928'' for ``$1,872'' in par. (2).
Subsec. (s). Pub. L. 103-140, Sec. 2(17), substituted ``$1,985'' for
``$1,935''.
Pub. L. 103-78, Sec. 1(17), substituted ``$1,935'' for ``$1,879''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 314 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110'' for ``310'' in
introductory provisions.
Subsec. (a). Pub. L. 102-152, Sec. 2(a)(1), substituted ``$83'' for
``$80''.
Pub. L. 102-3, Sec. 2(a)(1), substituted ``$80'' for ``$76''.
Subsec. (b). Pub. L. 102-152, Sec. 2(a)(2), substituted ``$157'' for
``$151''.
Pub. L. 102-3, Sec. 2(a)(2), substituted ``$151'' for ``$144''.
Subsec. (c). Pub. L. 102-152, Sec. 2(a)(3), substituted ``$240'' for
``$231''.
Pub. L. 102-3, Sec. 2(a)(3), substituted ``$231'' for ``$220''.
Subsec. (d). Pub. L. 102-152, Sec. 2(a)(4), substituted ``$342'' for
``$330''.
Pub. L. 102-3, Sec. 2(a)(4), substituted ``$330'' for ``$314''.
Subsec. (e). Pub. L. 102-152, Sec. 2(a)(5), substituted ``$487'' for
``$470''.
Pub. L. 102-3, Sec. 2(a)(5), substituted ``$470'' for ``$446''.
Subsec. (f). Pub. L. 102-152, Sec. 2(a)(6), substituted ``$614'' for
``$592''.
Pub. L. 102-3, Sec. 2(a)(6), substituted ``$592'' for ``$562''.
Subsec. (g). Pub. L. 102-152, Sec. 2(a)(7), substituted ``$776'' for
``$748''.
Pub. L. 102-3, Sec. 2(a)(7), substituted ``$748'' for ``$710''.
Subsec. (h). Pub. L. 102-152, Sec. 2(a)(8), substituted ``$897'' for
``$865''.
Pub. L. 102-3, Sec. 2(a)(8), substituted ``$865'' for ``$821''.
Subsec. (i). Pub. L. 102-152, Sec. 2(a)(9), substituted ``$1,010''
for ``$974''.
Pub. L. 102-3, Sec. 2(a)(9), substituted ``$974'' for ``$925''.
Subsec. (j). Pub. L. 102-152, Sec. 2(a)(10), substituted ``$1,680''
for ``$1,620''.
Pub. L. 102-3, Sec. 2(a)(10), substituted ``$1,620'' for ``$1,537''.
Subsec. (k). Pub. L. 102-152, Sec. 2(a)(11), substituted ``$68'' for
``$66'' in two places and ``$2,089'' and ``$2,927'' for ``$2,014'' and
``$2,823'', respectively.
Pub. L. 102-3, Sec. 2(a)(11), substituted ``$2,014'' for ``$1,911''
and ``$2,823'' for ``$2,679''.
Subsec. (l). Pub. L. 102-152, Sec. 2(a)(12), substituted ``$2,089''
for ``$2,014''.
Pub. L. 102-3, Sec. 2(a)(12), substituted ``$2,014'' for ``$1,911''.
Subsec. (m). Pub. L. 102-152, Sec. 2(a)(13), substituted ``$2,302''
for ``$2,220''.
Pub. L. 102-3, Sec. 2(a)(13), substituted ``$2,220'' for ``$2,107''.
Subsec. (n). Pub. L. 102-152, Sec. 2(a)(14), substituted ``$2,619''
for ``$2,526''.
Pub. L. 102-3, Sec. 2(a)(14), substituted ``$2,526'' for ``$2,397''.
Subsec. (o). Pub. L. 102-152, Sec. 2(a)(15), substituted ``$2,927''
for ``$2,823''.
Pub. L. 102-3, Sec. 2(a)(15), substituted ``$2,823'' for ``$2,679''.
Subsec. (p). Pub. L. 102-152, Sec. 2(a)(15), substituted ``$2,927''
for ``$2,823'' wherever appearing.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator'' wherever appearing.
Pub. L. 102-3, Sec. 2(a)(15), substituted ``$2,823'' for ``$2,679''
wherever appearing.
Subsec. (r). Pub. L. 102-152, Sec. 2(a)(16), substituted ``$1,257''
for ``$1,212'' in par. (1) and ``$1,872'' for ``$1,805'' in par. (2).
Pub. L. 102-83, Sec. 5(c)(1), substituted ``1134'' for ``334'' in
last sentence.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for
``Administrator'' in par. (2).
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration'' in penultimate sentence.
Pub. L. 102-40 substituted ``5503(e)'' for ``3203(e)'' in
introductory provisions.
Pub. L. 102-3, Sec. 2(a)(16), substituted ``$1,212'' for ``$1,150''
in par. (1) and ``$1,805'' for ``$1,713'' in par. (2).
Subsec. (s). Pub. L. 102-152, Sec. 2(a)(17), substituted ``$1,879''
for ``$1,812''.
Pub. L. 102-3, Sec. 2(a)(17), substituted ``$1,812'' for ``$1,720''.
1989--Subsec. (a). Pub. L. 101-237, Sec. 101(a)(1), substituted
``$76'' for ``$73''.
Subsec. (b). Pub. L. 101-237, Sec. 101(a)(2), substituted ``$144''
for ``$138''.
Subsec. (c). Pub. L. 101-237, Sec. 101(a)(3), substituted ``$220''
for ``$210''.
Subsec. (d). Pub. L. 101-237, Sec. 101(a)(4), substituted ``$314''
for ``$300''.
Subsec. (e). Pub. L. 101-237, Sec. 101(a)(5), substituted ``$446''
for ``$426''.
Subsec. (f). Pub. L. 101-237, Sec. 101(a)(6), substituted ``$562''
for ``$537''.
Subsec. (g). Pub. L. 101-237, Sec. 101(a)(7), substituted ``$710''
for ``$678''.
Subsec. (h). Pub. L. 101-237, Sec. 101(a)(8), substituted ``$821''
for ``$784''.
Subsec. (i). Pub. L. 101-237, Sec. 101(a)(9), substituted ``$925''
for ``$883''.
Subsec. (j). Pub. L. 101-237, Sec. 101(a)(10), substituted
``$1,537'' for ``$1,468''.
Subsec. (k). Pub. L. 101-237, Sec. 101(a)(11), substituted ``$66''
for ``$63'' in two places and substituted ``$1,911'' and ``$2,679'' for
``$1,825'' and ``$2,559'', respectively.
Subsec. (l). Pub. L. 101-237, Sec. 101(a)(12), substituted
``$1,911'' for ``$1,825''.
Subsec. (m). Pub. L. 101-237, Sec. 101(a)(13), substituted
``$2,107'' for ``$2,012''.
Subsec. (n). Pub. L. 101-237, Sec. 101(a)(14), substituted
``$2,397'' for ``$2,289''.
Subsecs. (o), (p). Pub. L. 101-237, Sec. 101(a)(15), substituted
``$2,679'' for ``$2,559'' wherever appearing.
Subsec. (r). Pub. L. 101-237, Sec. 101(a)(16), substituted
``$1,150'' and ``$1,713'' for ``$1,098'' and ``$1,636'', respectively.
Subsec. (s). Pub. L. 101-237, Sec. 101(a)(17), substituted
``$1,720'' for ``$1,643''.
1988--Subsec. (a). Pub. L. 100-687, Sec. 1101(a)(1), substituted
``$73'' for ``$71''.
Subsec. (b). Pub. L. 100-687, Sec. 1101(a)(2), substituted ``$138''
for ``$133''.
Subsec. (c). Pub. L. 100-687, Sec. 1101(a)(3), substituted ``$210''
for ``$202''.
Subsec. (d). Pub. L. 100-687, Sec. 1101(a)(4), substituted ``$300''
for ``$289''.
Subsec. (e). Pub. L. 100-687, Sec. 1101(a)(5), substituted ``$426''
for ``$410''.
Subsec. (f). Pub. L. 100-687, Sec. 1101(a)(6), substituted ``$537''
for ``$516''.
Subsec. (g). Pub. L. 100-687, Sec. 1101(a)(7), substituted ``$678''
for ``$652''.
Subsec. (h). Pub. L. 100-687, Sec. 1101(a)(8), substituted ``$784''
for ``$754''.
Subsec. (i). Pub. L. 100-687, Sec. 1101(a)(9), substituted ``$883''
for ``$849''.
Subsec. (j). Pub. L. 100-687, Sec. 1101(a)(10), substituted
``$1,468'' for ``$1,411''.
Subsec. (k). Pub. L. 100-687, Sec. 1101(a)(11), substituted
``$1,825'' and ``$2,559'' for ``$1,754'' and ``$2,459'', respectively.
Subsec. (l). Pub. L. 100-687, Sec. 1101(a)(12), substituted
``$1,825'' for ``$1,754''.
Subsec. (m). Pub. L. 100-687, Sec. 1101(a)(13), substituted
``$2,012'' for ``$1,933''.
Subsec. (n). Pub. L. 100-687, Sec. 1101(a)(14), substituted
``$2,289'' for ``$2,199''.
Subsecs. (o), (p). Pub. L. 100-687, Sec. 1101(a)(15), substituted
``$2,559'' for ``$2,459'' wherever appearing.
Subsec. (r). Pub. L. 100-687, Sec. 1101(a)(16), substituted
``$1,098'' and ``$1,636'' for ``$1,055'' and ``$1,572'', respectively.
Subsec. (s). Pub. L. 100-687, Sec. 1101(a)(17), substituted
``$1,643'' for ``$1,579''.
1987--Subsec. (a). Pub. L. 100-227, Sec. 101(a)(1), substituted
``$71'' for ``$69''.
Subsec. (b). Pub. L. 100-227, Sec. 101(a)(2), substituted ``$133''
for ``$128''.
Subsec. (c). Pub. L. 100-227, Sec. 101(a)(3), substituted ``$202''
for ``$194''.
Subsec. (d). Pub. L. 100-227, Sec. 101(a)(4), substituted ``$289''
for ``$278''.
Subsec. (e). Pub. L. 100-227, Sec. 101(a)(5), substituted ``$410''
for ``$394''.
Subsec. (f). Pub. L. 100-227, Sec. 101(a)(6), substituted ``$516''
for ``$496''.
Subsec. (g). Pub. L. 100-227, Sec. 101(a)(7), substituted ``$652''
for ``$626''.
Subsec. (h). Pub. L. 100-227, Sec. 101(a)(8), substituted ``$754''
for ``$724''.
Subsec. (i). Pub. L. 100-227, Sec. 101(a)(9), substituted ``$849''
for ``$815''.
Subsec. (j). Pub. L. 100-227, Sec. 101(a)(10), substituted
``$1,411'' for ``$1,355''.
Subsec. (k). Pub. L. 100-227, Sec. 101(a)(11), substituted
``$1,754'' and ``$2,459'' for ``$1,684'' and ``$2,360'', respectively.
Subsec. (l). Pub. L. 100-227, Sec. 101(a)(12), substituted
``$1,754'' for ``$1,684''.
Subsec. (m). Pub. L. 100-227, Sec. 101(a)(13), substituted
``$1,933'' for ``$1,856''.
Subsec. (n). Pub. L. 100-227, Sec. 101(a)(14), substituted
``$2,199'' for ``$2,111''.
Subsecs. (o), (p). Pub. L. 100-227, Sec. 101(a)(15), substituted
``$2,459'' for ``$2,360'' wherever appearing.
Subsec. (r). Pub. L. 100-227, Sec. 101(a)(16), substituted
``$1,055'' and ``$1,572'' for ``$1,013'' and ``$1,509'', respectively.
Subsec. (s). Pub. L. 100-227, Sec. 101(a)(17), substituted
``$1,579'' for ``$1,516''.
1986--Subsec. (a). Pub. L. 99-576, Sec. 101(a)(1), substituted
``$69'' for ``$68''.
Pub. L. 99-238, Sec. 101(a)(1), substituted ``$68'' for ``$66''.
Subsec. (b). Pub. L. 99-576, Sec. 101(a)(2), substituted ``$128''
for ``$126''.
Pub. L. 99-238, Sec. 101(a)(2), substituted ``$126'' for ``$122''.
Subsec. (c). Pub. L. 99-576, Sec. 101(a)(3), substituted ``$194''
for ``$191''.
Pub. L. 99-238, Sec. 101(a)(3), substituted ``$191'' for ``$185''.
Subsec. (d). Pub. L. 99-576, Sec. 101(a)(4), substituted ``$278''
for ``$274''.
Pub. L. 99-238, Sec. 101(a)(4), substituted ``$274'' for ``$266''.
Subsec. (e). Pub. L. 99-576, Sec. 101(a)(5), substituted ``$394''
for ``$388''.
Pub. L. 99-238, Sec. 101(a)(5), substituted ``$388'' for ``$376''.
Subsec. (f). Pub. L. 99-576, Sec. 101(a)(6), substituted ``$496''
for ``$489''.
Pub. L. 99-238, Sec. 101(a)(6), substituted ``$489'' for ``$474''.
Subsec. (g). Pub. L. 99-576, Sec. 101(a)(7), substituted ``$626''
for ``$617''.
Pub. L. 99-238, Sec. 101(a)(7), substituted ``$617'' for ``$598''.
Subsec. (h). Pub. L. 99-576, Sec. 101(a)(8), substituted ``$724''
for ``$713''.
Pub. L. 99-238, Sec. 101(a)(8), substituted ``$713'' for ``$692''.
Subsec. (i). Pub. L. 99-576, Sec. 101(a)(9), substituted ``$815''
for ``$803''.
Pub. L. 99-238, Sec. 101(a)(9), substituted ``$803'' for ``$779''.
Subsec. (j). Pub. L. 99-576, Sec. 101(a)(10), substituted ``$1,355''
for ``$1,335''.
Pub. L. 99-238, Sec. 101(a)(10), substituted ``$1,335'' for
``$1,295''.
Subsec. (k). Pub. L. 99-576, Sec. 101(a)(11), substituted ``$63'',
``$1,684'', and ``$2,360'' for ``$62'', ``$1,659'', and ``$2,325'',
respectively.
Pub. L. 99-238, Sec. 101(a)(11), substituted ``$1,659'' and
``$2,325'' for ``$1,609'' and ``$2,255'', respectively.
Subsec. (l). Pub. L. 99-576, Sec. 101(a)(12), substituted ``$1,684''
for ``$1,659''.
Pub. L. 99-238, Sec. 101(a)(12), substituted ``$1,659'' for
``$1,609''.
Subsec. (m). Pub. L. 99-576, Sec. 101(a)(13), substituted ``$1,856''
for ``$1,829''.
Pub. L. 99-238, Sec. 101(a)(13), substituted ``$1,829'' for
``$1,774''.
Subsec. (n). Pub. L. 99-576, Sec. 101(a)(14), substituted ``$2,111''
for ``$2,080''.
Pub. L. 99-238, Sec. 101(a)(14), substituted ``$2,080'' for
``$2,017''.
Subsecs. (o), (p). Pub. L. 99-576, Sec. 101(a)(15), substituted
``$2,360'' for ``$2,325'' wherever appearing.
Pub. L. 99-238, Sec. 101(a)(15), substituted ``$2,325'' for
``$2,255'' wherever appearing.
Subsec. (r). Pub. L. 99-576, Sec. 101(a)(16), substituted ``$1,013''
and ``$1,509'' for ``$998'' and ``$1,487'', respectively.
Pub. L. 99-238, Sec. 101(a)(16), substituted ``$998'' and ``$1,487''
for ``$968'' and ``$1,442'', respectively.
Subsec. (s). Pub. L. 99-576, Sec. 101(a)(17), substituted ``$1,516''
for ``$1,494''.
Pub. L. 99-238, Sec. 101(a)(17), substituted ``$1,494'' for
``$1,449''.
Subsec. (t). Pub. L. 99-576, Sec. 109(b), struck out subsec. (t)
which read as follows:
``(1) If the veteran (A) is entitled to receive compensation at any
rate provided for under subsections (a) through (i) of this section and
compensation under subsection (k) of this section, (B) has suffered the
loss or loss of use of an extremity as a result of a service-connected
disability ratable at 40 percent or more, and (C) has suffered the loss
or loss of use of the paired extremity as a result of a non-service-
connected disability, not the result of the veteran's own willful
misconduct, that would be rated, if service-connected, at 40 percent or
more, the monthly rate of compensation payable to such veteran shall be
increased by $289.
``(2) If a veteran described in paragraph (1) of this subsection
receives any money or property of value pursuant to an award in a
judicial proceeding based upon, or a settlement or compromise of, any
cause of action for damages for the non-service-connected disability
described in such paragraph, the increase in the rate of compensation
otherwise payable under this subsection shall not be paid for any month
following a month in which any such money or property is received until
such time as the total of the amount of such increase that would
otherwise have been payable equals the total of the amount of any such
money received and the fair market value of any such property
received.''
Pub. L. 99-238, Sec. 101(a)(18), substituted ``$289'' for ``$280''
in par. (1).
1984--Subsec. (a). Pub. L. 98-543, Sec. 101(a)(1), substituted
``$66'' for ``$64''.
Pub. L. 98-223, Sec. 101(a)(1), substituted ``$64'' for ``$62''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Subsec. (b). Pub. L. 98-543, Sec. 101(a)(2), substituted ``$122''
for ``$118''.
Pub. L. 98-223, Sec. 101(a)(2), substituted ``$118'' for ``$114''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Subsec. (c). Pub. L. 98-543, Sec. 101(a)(3), substituted ``$185''
for ``$179''.
Pub. L. 98-223, Sec. 101(a)(3), substituted ``$179'' for ``$173''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Subsec. (d). Pub. L. 98-543, Sec. 101(a)(4), substituted ``$266''
for ``$258''.
Pub. L. 98-223, Sec. 101(a)(4), substituted ``$258'' for ``$249''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Subsec. (e). Pub. L. 98-543, Sec. 101(a)(5), substituted ``376'' for
``364''.
Pub. L. 98-223, Sec. 101(a)(5), substituted ``$364'' for ``$352''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Subsec. (f). Pub. L. 98-543, Sec. 101(a)(6), substituted ``$474''
for ``$459''.
Pub. L. 98-223, Sec. 101(a)(6), substituted ``$459'' for ``$443''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Subsec. (g). Pub. L. 98-543, Sec. 101(a)(7), substituted ``$598''
for ``$579''.
Pub. L. 98-223, Sec. 101(a)(7), substituted ``$579'' for ``$559''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Subsec. (h). Pub. L. 98-543, Sec. 101(a)(8), substituted ``$692''
for ``$671''.
Pub. L. 98-223, Sec. 101(a)(8), substituted ``$671'' for ``$648''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Subsec. (i). Pub. L. 98-543, Sec. 101(a)(9), substituted ``$779''
for ``$755''.
Pub. L. 98-223, Sec. 101(a)(9), substituted ``$755'' for ``$729''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Subsec. (j). Pub. L. 98-543, Sec. 101(a)(10), substituted ``$1,295''
for ``$1,255''.
Pub. L. 98-223, Sec. 101(a)(10), substituted ``$1,255'' for
``$1,213''.
Subsec. (k). Pub. L. 98-543, Sec. 101(a)(11), substituted ``$1,609''
and ``$2,255'' for ``$1,559'' and ``$2,185'', respectively.
Pub. L. 98-223, Sec. 101(a)(11), substituted ``$1,559'' and
``$2,185'' for ``$1,506'' and ``$2,111'', respectively.
Subsec. (l). Pub. L. 98-543, Sec. 101(a)(12), substituted ``$1,609''
for ``$1,559''.
Pub. L. 98-223, Sec. 101(a)(12), substituted ``$1,559'' for
``$1,506''.
Subsec. (m). Pub. L. 98-543, Sec. 101(a)(13), substituted ``$1,774''
for ``$1,719''.
Pub. L. 98-223, Sec. 101(a)(13), substituted ``$1,719'' for
``$1,661''.
Subsec. (n). Pub. L. 98-543, Sec. 101(a)(14), substituted ``$2,017''
for ``$1,954''.
Pub. L. 98-223, Sec. 101(a)(14), substituted ``$1,954'' for
``$1,888''.
Subsec. (o). Pub. L. 98-543, Sec. 101(a)(15), substituted ``$2,255''
for ``$2,185''.
Pub. L. 98-223, Sec. 101(a)(15), substituted ``$2,185'' for
``$2,111''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Pub. L. 98-223, Sec. 112(a), inserted ``or if the veteran has
suffered service-connected total deafness in one ear or bilateral
deafness (and the hearing impairment in either one or both ears is
service connected) rated at 40 percent or more disabling and the veteran
has also suffered service-connected blindness having only light
perception or less,'' after ``5/200 visual acuity or less,''.
Subsec. (p). Pub. L. 98-543, Sec. 101(a)(15), substituted ``$2,255''
for ``$2,185'' in four places.
Pub. L. 98-223, Sec. 101(a)(15), substituted ``$2,185'' for
``$2,111'' in three places.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Pub. L. 98-223, Sec. 112(b)(1), substituted ``30'' for ``40'' in cl.
(1).
Pub. L. 98-223, Sec. 112(b)(2), inserted provision authorizing the
Administrator to allow the next intermediate rate, but in no event in
excess of $2,185, in the event the veteran has suffered service-
connected blindness, having only light perception or less, and has also
suffered bilateral deafness, and the hearing impairment in either one or
both ears is service connected, rated at 10 to 20 percent disabling.
Subsec. (r). Pub. L. 98-543, Sec. 101(a)(16), substituted ``$968''
and ``$1,442'' for ``$938'' and ``$1,397'', respectively.
Pub. L. 98-223, Sec. 101(a)(16), substituted ``$938'' and ``$1,397''
for ``$906'' and ``$1,350'', respectively.
Subsec. (s). Pub. L. 98-543, Sec. 101(a)(17), substituted ``$1,449''
for ``$1,404''.
Pub. L. 98-223, Sec. 101(a)(17), substituted ``$1,404'' for
``$1,357''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum''.
Subsec. (t)(1). Pub. L. 98-543, Sec. 101(a)(18), substituted
``$280'' for ``$271''.
Pub. L. 98-223, Sec. 101(a)(18), substituted ``$271'' for ``$262''.
Pub. L. 98-223, Sec. 101(a)(19), substituted ``percent'' for ``per
centum'' in two places.
1982--Subsec. (a). Pub. L. 97-306, Secs. 101(a)(1), 107, 108,
substituted ``$62'' for ``$58'', and repealed amendment made by Pub. L.
97-253, Sec. 405(b)(1), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(1), (h), eff. Jan. 1, 1983, substituted
``$57'' for ``$58''.
Subsec. (b). Pub. L. 97-306, Sec. 101(a)(2), substituted ``$114''
for ``$107''.
Subsec. (c). Pub. L. 97-306, Secs. 101(a)(3), 107, 108, substituted
``$173'' for ``$162'', and repealed amendment made by Pub. L. 97-253,
Sec. 405(b)(2), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(2), (h), eff. Jan. 1, 1983, substituted
``$161'' for ``$162''.
Subsec. (d). Pub. L. 97-306, Sec. 101(a)(4), substituted ``$249''
for ``$232''.
Subsec. (e). Pub. L. 97-306, Sec. 101(a)(5), substituted ``$352''
for ``$328''.
Subsec. (f). Pub. L. 97-306, Secs. 101(a)(6), 107, 108, substituted
``$443'' for ``$413'', and repealed amendment made by Pub. L. 97-253,
Sec. 405(b)(3), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(3), (h), eff. Jan. 1, 1983, substituted
``$412'' for ``$413''.
Subsec. (g). Pub. L. 97-306, Sec. 101(a)(7), substituted ``$559''
for ``$521''.
Subsec. (h). Pub. L. 97-306, Secs. 101(a)(8), 107, 108, substituted
``$648'' for ``$604'', and repealed amendment made by Pub. L. 97-253,
Sec. 405(b)(4), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(4), (h), eff. Jan. 1, 1983, substituted
``$603'' for ``$604''.
Subsec. (i). Pub. L. 97-306, Sec. 101(a)(9), substituted ``$729''
for ``$679''.
Subsec. (j). Pub. L. 97-306, Sec. 101(a)(10), substituted ``$1,213''
for ``$1,130''.
Subsec. (k). Pub. L. 97-306, Secs. 101(a)(11), 107, 108, substituted
``$1,506'' for ``$1,403'' and ``$2,111'' for ``$1,966'', and repealed
amendment made by Pub. L. 97-253, Sec. 405(b)(5), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(5), (h), eff. Jan. 1, 1983, substituted
``$61'' for ``$62'', ``$1,402'' for ``$1,403'', ``$61'' for ``$62'', and
``$1,965'' for ``$1,966''.
Subsec. (l). Pub. L. 97-306, Secs. 101(a)(12), 107, 108, substituted
``$1,506'' for ``$1,403'', and repealed amendment made by Pub. L. 97-
253, Sec. 405(b)(6), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(6), (h), eff. Jan. 1, 1983, substituted
``$1,402'' for ``$1,403''.
Subsec. (m). Pub. L. 97-306, Secs. 101(a)(13), 107, 108, substituted
``$1,661'' for ``$1,547'', and repealed amendment made by Pub. L. 97-
253, Sec. 405(b)(7), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(7), (h), eff. Jan. 1, 1983, substituted
``$1,546'' for ``$1,547''.
Subsec. (n). Pub. L. 97-306, Secs. 101(a)(14), 107, 108, 111(a),
inserted ``or has suffered blindness without light perception in both
eyes,'' after ``anatomical loss of both eyes,'', substituted ``$1,888''
for ``$1,758'', and repealed amendment made by Pub. L. 97-253,
Sec. 405(b)(8), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(8), (h), eff. Jan. 1, 1983, substituted
``$1,757'' for ``$1,758''.
Subsec. (o). Pub. L. 97-306, Secs. 101(a)(15), 107, 108, substituted
``$2,111'' for ``$1,966'', and repealed amendment made by Pub. L. 97-
253, Sec. 405(b)(9), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(9), (h), eff. Jan. 1, 1983, substituted
``$1,965'' for ``$1,966''.
Subsec. (p). Pub. L. 97-306, Secs. 101(a)(15), 107, 108, 111(b),
substituted ``$2,111'' for ``$1,966'' wherever appearing, inserted ``or
service-connected anatomical loss or loss of use of one hand or one
foot'' after ``in one ear'', and repealed amendment made by Pub. L. 97-
253, Sec. 405(b)(9), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(9), (h), eff. Jan. 1, 1983, substituted
``$1,965'' for ``$1,966'' wherever appearing.
Pub. L. 97-253, Sec. 404(a), inserted ``down'' after ``arithmetic
mean, rounded''.
Subsec. (r). Pub. L. 97-306, Secs. 101(a)(16), 107, 108, substituted
``$906'' for ``$844'' in par. (1), ``$1,350'' for ``$1,257'' in par.
(2), and repealed amendment made by Pub. L. 97-253, Sec. 405(b)(10),
eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(10), (h), eff. Jan. 1, 1983, substituted
``$843'' for ``$844'' in par. (1), and ``$1,256'' for ``$1,257'' in par.
(2).
Subsec. (s). Pub. L. 97-306, Secs. 101(a)(17), 107, 108, substituted
``$1,357'' for ``$1,264'', and repealed amendment made by Pub. L. 97-
253, Sec. 405(b)(11), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(11), (h), eff. Jan. 1, 1983, substituted
``$1,263'' for ``$1,264''.
Subsec. (t)(1). Pub. L. 97-306, Secs. 101(a)(18), 107, 108,
substituted ``$262'' for ``$244'', and repealed amendment made by Pub.
L. 97-253, Sec. 405(b)(12), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(b)(12), (h), eff. Jan. 1, 1983, substituted
``$243'' for ``$244''.
1981--Subsecs. (a) to (k). Pub. L. 97-66, Sec. 101(a)(1)-(11),
increased compensation in subsec. (a) from $54 to $58, subsec. (b) from
$99 to $107, subsec. (c) from $150 to $162, subsec. (d) from $206 to
$232, subsec. (e) from $291 to $328, subsec. (f) from $367 to $413,
subsec. (g) from $434 to $521, subsec. (h) from $503 to $604, subsec.
(i) from $566 to $679, subsec. (j) from $1,016 to $1,130, and subsec.
(k) from $1,262 to $1,403 and from $1,768 to $1,966.
Subsec. (l). Pub. L. 97-66, Secs. 101(a)(12), 104(1), substituted
``loss of use of both feet'' for ``loss of use of both hands, or both
feet'' and ``$1,403'' for ``$1,262''.
Subsec. (m). Pub. L. 97-66, Secs. 101(a)(13), 104(2), substituted
``both hands, or of both legs at a level, or with complications,
preventing natural knee action with prostheses in place, or of one arm
and one leg at levels, or with complications, preventing natural elbow
and knee action with prostheses'' for ``two extremities at a level, or
with complications, preventing natural elbow or knee action with
prosthesis'' and ``$1,547'' for ``$1,391''.
Subsec. (n). Pub. L. 97-66, Secs. 101(a)(14), 104(3), substituted
``or loss of use of both arms at levels, or with complications,
preventing natural elbow action with prostheses in place, has suffered
the anatomical loss of both legs so near the hip as to prevent the use
of prosthetic appliances, or has suffered the anatomical loss of one arm
and one leg so near the shoulder and hip as to prevent the use of
prosthetic appliances,'' for ``of two extremities so near the shoulder
or hip as to prevent the use of a prosthetic appliance'' and ``$1,758''
for ``$1,581''.
Subsec. (o). Pub. L. 97-66, Secs. 101(a)(15), 104(4), substituted
``visual acuity or less, or if the veteran has suffered the anatomical
loss of both arms so near the shoulder as to prevent the use of
prosthetic appliances, the monthly compensation shall be $1,966'' for
``visual acuity or less, the monthly compensation shall be $1,768''.
Subsec. (p). Pub. L. 97-66, Sec. 101(a)(15), substituted ``$1,966''
for ``$1,768'' in three places.
Subsec. (r). Pub. L. 97-66, Sec. 101(a)(16), substituted ``$844''
for ``$759'' in cl. (1) and ``$1,257'' for ``$1,130'' in cl. (2).
Subsec. (s). Pub. L. 97-66, Sec. 101(a)(17), increased compensation
from $1,137 to $1,264.
Subsec. (t)(1). Pub. L. 97-66, Sec. 101(a)(18), increased
compensation from $219 to $244.
1980--Subsecs. (a) to (o). Pub. L. 96-385, Sec. 101(a)(1)-(15),
increased compensation in subsec. (a) from $48 to $54, subsec. (b) from
$88 to $99, subsec. (c) from $133 to $150, subsec. (d) from $182 to
$206, subsec. (e) from $255 to $291, subsec. (f) from $321 to $367,
subsec. (g) from $380 to $434, subsec. (h) from $440 to $503, subsec.
(i) from $495 to $566, subsec. (j) from $889 to $1,016, subsec. (k) from
$1,104 and $1,547 to $1,262 and $1,768, subsec. (l) from $1,104 to
$1,262, subsec. (m) from $1,217 to $1,391, subsec. (n) from $1,383 to
$1,581, subsec. (o) from $1,547 to $1,768.
Subsec. (p). Pub. L. 96-385, Sec. 101(a)(15), substituted ``$1,768''
for ``$1,547'' in three places.
Subsec. (r). Pub. L. 96-385, Sec. 101(a)(16), substituted ``$759''
for ``$664'' in cl. (1) and ``$1,130'' for ``$989'' in cl. (2).
Subsec. (s). Pub. L. 96-385, Sec. 101(a)(17), increased compensation
from $995 to $1,137.
Subsec. (t)(1). Pub. L. 96-385, Sec. 101(a)(18), increased
compensation from $192 to $219.
1979--Subsecs. (a) to (o). Pub. L. 96-128, Sec. 101(a)(1)-(15),
increased compensation in subsec. (a) from $44 to $48, subsec. (b) from
$80 to $88, subsec. (c) from $121 to $133, subsec. (d) from $166 to
$182, subsec. (e) from $232 to $255, subsec. (f) from $292 to $321,
subsec. (g) from $346 to $380, subsec. (h) from $400 to $440, subsec.
(i) from $450 to $495, subsec. (j) from $809 to $889, subsec. (k) from
$56 to $62, from $1,005 to $1,104, and from $1,408 to $1,547, subsec.
(l) from $1,005 to $1,104, subsec. (m) from $1,107 to $1,217, subsec.
(n) from $1,258 to $1,383, and subsec. (o) from $1,408 to $1,547.
Subsec. (p). Pub. L. 96-128, Secs. 101(a)(15), 105, inserted
provisions respecting the establishment of any intermediate rate, and
substituted ``$1,547'' for ``$1,408'' wherever appearing.
Subsec. (r). Pub. L. 96-128, Secs. 101(a)(16), 104, inserted
provisions relating to intermediate rates and struck out reference to
subsections (o) or (p) of this section in introductory text, substituted
``$664'' for ``$604'' in cl. (1), and substituted ``$989'' for ``$900''
in cl. (2).
Subsec. (s). Pub. L. 96-128, Sec. 101(a)(17), increased compensation
from $905 to $995.
Subsec. (t)(1). Pub. L. 96-128, Sec. 101(a)(18), increased
compensation from $175 to $192.
1978--Subsecs. (a) to (o). Pub. L. 95-479, Sec. 101(a)(1)-(15),
increased compensation in subsec. (a) from $41 to $44, subsec. (b) from
$75 to $80, in subsec. (c) from $113 to $121, in subsec. (d) from $155
to $166, in subsec. (e) from $216 to $232, in subsec. (f) from $272 to
$292, in subsec. (g) from $322 to $346, in subsec. (h) from $373 to
$400, in subsec. (i) from $419 to $450, in subsec. (j) from $754 to
$809, in subsec. (k) from $937 and $1,312 to $1,005 and $1,408,
respectively, in subsec. (l) from $937 to $1,005, in subsec. (m) from
$1,032 to $1,107, in subsec. (n) from $1,172 to $1,258, and in subsec.
(o) from $1,312 to $1,408.
Subsec. (p). Pub. L. 95-479, Sec. 101(a)(15), (b), substituted
``$1,408'' for ``$1,312'' in two places, and inserted provision allowing
next higher rate or intermediate rate but in no event in excess of
$1,408 in event veteran has suffered anatomical loss or loss of use, or
a combination thereof, of three extremities.
Subsec. (r). Pub. L. 95-479, Sec. 101(c), raised the monthly aid and
attendance allowance from $563 to $604, and inserted provisions relating
to need of higher level of care.
Subsec. (s). Pub. L. 95-479, Sec. 101(a)(16), substituted ``$905''
for ``$843''.
Subsec. (t). Pub. L. 95-479, Sec. 101(d), added subsec. (t).
1977--Subsecs. (a) to (p), (r), (s). Pub. L. 95-117 increased
compensation in subsec. (a) from $38 to $41, subsec. (b) from $70 to
$75, subsec. (c) from $106 to $113, subsec. (d) from $145 to $155,
subsec. (e) from $203 to $216, subsec. (f) from $255 to $272, subsec.
(g) from $302 to $322, subsec. (h) from $350 to $373, subsec. (i) from
$393 to $419, subsec. (j) from $707 to $754, subsec. (k) from $879 and
$1,231 to $937 and $1,312, respectively, subsec. (l) from $879 to $937,
subsec. (m) from $968 to $1,032, subsec. (n) from $1,099 to $1,172,
subsec. (o) from $1,231 to $1,312, subsec. (p) from $1,231 to $1,312,
subsec. (r) from $528 to $563, and subsec. (s) from $791 to $843.
1976--Subsecs. (a) to (l). Pub. L. 94-433, Sec. 101(a)(1)-(12),
increased compensation in subsec. (a) from $35 to $38, subsec. (b) from
$65 to $70, subsec. (c) from $98 to $106, subsec. (d) from $134 to $145,
subsec. (e) from $188 to $203, subsec. (f) from $236 to $255, subsec.
(g) from $280 to $302, subsec. (h) from $324 to $350, subsec. (i) from
$364 to $393, subsec. (j) from $655 to $707, subsec. (k) from $52, $814,
and $1,139 to $56, $879, and $1,231, respectively, and subsec. (l) from
$814 to $879.
Subsec. (m). Pub. L. 94-433, Sec. 101(a)(13), 404(6), increased
compensation from $896 to $968 and substituted ``such veteran'' for
``him'', respectively.
Subsec. (n). Pub. L. 94-433, Sec. 101(a)(14), increased compensation
from $1,018 to $1,099.
Subsec. (o). Pub. L. 94-433, Secs. 101(a)(15), 401(4), 404(6),
increased compensation from $1,139 to $1,231, struck out ``in
combination with total blindness with \5/200\ visual acuity or less,''
before ``the monthly compensation'', and substituted ``such veteran''
for ``him'', respectively.
Subsec. (p). Pub. L. 94-433, Secs. 101(a)(15), 404(7), increased
compensation from $1,139 to $1,231 and struck out ``, in his
discretion,'' before ``may allow'', respectively.
Subsec. (r). Pub. L. 94-433, Secs. 101(a)(16), 401(5), 404(8),
increased compensation from $489 to $528 and substituted reference to
section ``3203(e)'' for ``3203(f)'' of this title and ``such veteran''
for ``he'', respectively.
Subsec. (s). Pub. L. 94-433, Secs. 101(a)(17), 404(8), increased
compensation from $732 to $791 and substituted ``such veteran's'' for
``his'' after ``by reason of'' and before ``house'', respectively.
1975--Subsecs. (a) to (p), (r), (s). Pub. L. 94-71 increased
compensation in subsec. (a) from $32 to $35, subsec. (b) from $59 to
$65, subsec. (c) from $89 to $98, subsec. (d) from $122 to $134, subsec.
(e) from $171 to $188, subsec. (f) from $211 to $236, subsec. (g) from
$250 to $280, subsec. (h) from $289 to $324, subsec. (i) from $325 to
$364, subsec. (j) from $584 to $655, subsec. (k) from $727 and $1,017 to
$814 and $1,139 respectively, subsec. (l) from $727 to $814, subsec. (m)
from $800 to $896, subsec. (n) from $909 to $1,018, subsec. (o) from
$1,017 to $1,139, subsec. (p) from $1,017 to $1,139, subsec. (r) from
$437 to $489, and subsec. (s) from $654 to $732.
1974--Subsecs. (a) to (p), (r), (s). Pub. L. 93-295 increased
compensation in subsec. (a) from $28 to $32, subsec. (b) from $51 to
$59, subsec. (c) from $77 to $89, subsec. (d) from $106 to $122, subsec.
(e) from $149 to $171, subsec. (f) from $179 to $211, subsec. (g) from
$212 to $250, subsec. (h) from $245 to $289, subsec. (i) from $275 to
$325, subsec. (j) from $495 to $584, subsec. (k) from $47, $616 and $862
to $52, $727 and $1,017, respectively, subsec. (l) from $616 to $727,
subsec. (m) from $678 to $800, subsec. (n) from $770 to $909, subsec.
(o) from $862 to $1,017, subsec. (p) from $862 to $1,017, subsec. (r)
from $370 to $437, and subsec. (s) from $554 to $654.
1972--Subsecs. (a) to (p), (r), (s). Pub. L. 92-328 increased
compensation in subsec. (a) from $25 to $28, subsec. (b) from $46 to
$51, subsec. (c) from $70 to $77, subsec. (d) from $96 to $106, subsec.
(e) from $135 to $149, subsec. (f) from $163 to $179, subsec. (g) from
$193 to $212, subsec. (h) from $223 to $245, subsec. (i) from $250 to
$275, subsec. (j) from $450 to $495, subsec. (k) from $560 to $616 and
$784 to $862, respectively, subsec. (l) from $560 to $616, subsec. (m)
from $616 to $678, subsec. (n) from $700 to $770, subsec. (o) from $784
to $862, subsec. (p) from $784 to $862, subsec. (r) from $336 to $370,
and subsec. (s) from $504 to $554.
1970--Subsecs. (a) to (p), (r), (s). Pub. L. 91-376 increased
compensation in subsec. (a) from $23 to $25, subsec. (b) from $43 to
$46, subsec. (c) from $65 to $70, subsec. (d) from $89 to $96, subsec.
(e) from $122 to $135, subsec. (f) from $147 to $163, subsec. (g) from
$174 to $193, subsec. (h) from $201 to $223, subsec. (i) from $226 to
$250, subsec. (j) from $400 to $450, subsec. (k) from $500 and $700 to
$560 and $784, respectively, subsec. (l) from $500 to $560, subsec. (m)
from $550 to $616, subsec. (n) from $625 to $700, subsec. (o) from $700
to $784, subsec. (p) from $700 to $784, subsec. (r) from $300 to $336,
and subsec. (s) from $450 to $504.
1968--Subsecs. (a) to (p). Pub. L. 90-493, Sec. 1(a)(1)-(14), (17),
increased compensation in subsec. (a) from $21 to $23, subsec. (b) from
$40 to $43, subsec. (c) from $60 to $65, subsec. (d) from $82 to $89,
subsec. (e) from $113 to $122, subsec. (f) from $136 to $147, subsec.
(g) from $161 to $174, subsec. (h) from $186 to $201, subsec. (i) from
$209 to $226, subsec. (j) from $300 to $400, subsec. (k) from $600 and
$400 to $700 and $500, respectively, subsec. (l) from $400 to $500,
subsec. (m) from $450 to $550, subsec. (n) from $525 to $625, subsec.
(o) from $600 to $700, and subsec. (p) from $600 to $700.
Subsec. (q). Pub. L. 90-493, Sec. 4(a), struck out provision that if
the veteran is shown to have had a service-connected disability
resulting from an active tuberculous disease, the monthly compensation
shall be not less than $67, provided that, in the judgment of the
Administrator, the disease has reached a condition of complete arrest.
Subsecs. (r), (s). Pub. L. 90-493, Sec. 1(a)(15), (16), increased
compensation in subsec. (r) from $250 to $300, and in subsec. (s) from
$350 to $450.
1967--Subsec. (k). Pub. L. 90-77 substituted ``one or more creative
organs'' for ``a creative organ'' and ``in the event the veteran has
suffered one or more of the disabilities heretofore specified in this
subsection'' for ``in the event of anatomical loss or loss of use of a
creative organ, or one foot, or one hand, or both buttocks, or blindness
of one eye, having only light perception, or has suffered complete
organic aphonia with constant inability to communicate by speech, or
deafness of both ears, having absence of air and bone conduction'' and
inserted following ``$47 per month'' where initially appearing ``for
each such loss or loss of use'', reference to subsec. (s) of this
section and limitation of compensation to $400 per month.
1965--Subsecs. (a) to (m). Pub. L. 89-311, Sec. 1(a)(1)-(14),
increased compensation in subsec. (a) from $20 to $21, subsec. (b) from
$38 to $40, subsec. (c) from $58 to $60, subsec. (d) from $77 to $82,
subsec. (e) from $107 to $113, subsec. (f) from $128 to $136, subsec.
(g) from $149 to $161, subsec. (h) from $170 to $186, subsec. (i) from
$191 to $209, subsec. (j) from $250 to $300, subsec. (k) from $525 to
$600, subsec. (l) from $340 to $400, subsec. (m) from $390 to $450, and
subsec. (n) from $440 to $525.
Subsec. (o). Pub. L. 89-311, Secs. 1(a)(11), 3(d), increased
compensation from $525 to $600 and relaxed requirement of total deafness
by requiring only bilateral deafness (if the hearing impairment in
either one or both ears is service connected) rated at 60 per centum or
more disabling.
Subsec. (p). Pub. L. 89-311, Sec. 3(e), increased from $525 to $600
the allowable maximum rates when service-connected disabilities exceed
the requirements for any of the prescribed rates and inserted specific
reference to an increase to the next higher rate in the case of service-
connected blindness and bilateral deafness and an increase to the next
intermediate rate in the case of service-connected total deafness in one
ear.
Subsec. (r). Pub. L. 89-311, Sec. 1(a)(15), substituted ``$250'' for
``$200''.
Subsec. (s). Pub. L. 89-311, Sec. 1(a)(16), substituted ``$350'' for
``$290''.
1963--Subsec. (k). Pub. L. 88-22 provided increased compensation for
veterans suffering complete organic aphonia with constant inability to
communicate by speech.
Pub. L. 88-20 provided increased compensation for veterans suffering
deafness of both ears, having absence of air and bone conduction.
1962--Subsecs. (a) to (p). Pub. L. 87-645, Sec. 1(a)(1)-(14),
increased monthly compensation in subsec. (a) from $19 to $20, subsec.
(b) from $36 to $38, subsec. (c) from $55 to $58, subsec. (d) from $73
to $77, subsec. (e) from $100 to $107, subsec. (f) from $120 to $128,
subsec. (g) from $140 to $149, subsec. (h) from $160 to $170, subsec.
(i) from $179 to $191, subsec. (j) from $225 to $250, subsec. (k) from
$450 to $525, subsec. (l) from $309 to $340, subsec. (m) from $359 to
$390, subsec. (n) from $401 to $440, and subsec. (o) and (p) from $450
to $525.
Subsec. (r). Pub. L. 87-645, Secs. 1(a)(15), 2(a), increased monthly
compensation from $150 to $200, and substituted ``, subject to the
limitations of section 3203(f) of this title'' for ``for all periods
during which he is not hospitalized at Government expense''.
Subsec. (s). Pub. L. 87-645, Sec. 1(a)(16), increased monthly
compensation from $265 to $290.
1960--Subsec. (s). Pub. L. 86-663 added subsec. (s).
1958--Subsec. (r). Pub. L. 85-782 added subsec. (r).


Effective Date of 2001 Amendment

Pub. L. 107-94, Sec. 7, Dec. 21, 2001, 115 Stat. 902, provided that:
``The amendments made by this Act [amending this section and sections
1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on
December 1, 2001.''


Effective Date of 1999 Amendment

Pub. L. 106-118, Sec. 7, Nov. 30, 1999, 113 Stat. 1603, provided
that: ``The amendments made by this Act [amending this section and
sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take
effect on December 1, 1999.''


Effective Date of 1997 Amendment

Section 7 of Pub. L. 105-98 provided that: ``The amendments made by
this Act [amending this section and sections 1115, 1162, 1311, 1313, and
1314 of this title] shall take effect on December 1, 1997.''


Effective Date of 1993 Amendment

Section 7 of Pub. L. 103-140 provided that: ``The amendments made by
this Act [amending this section and sections 1115, 1162, 1311, 1313, and
1314 of this title] shall take effect on December 1, 1993.''


Effective Date of 1991 Amendments

Section 7 of Pub. L. 102-152 provided that: ``The amendments made by
this Act [amending this section and sections 1115, 1162, 1311, 1313, and
1314 of this title] shall take effect on December 1, 1991.''
Section 7 of Pub. L. 102-3 provided that: ``Section 2(b) [set out as
a note below] and the amendments made by this Act [amending this section
and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313,
and 1314] of this title] shall take effect as of January 1, 1991.''


Effective Date of 1989 Amendment

Section 106 of Pub. L. 101-237 provided that: ``The amendments made
by this part [part A (Secs. 101-106) of title I of Pub. L. 101-237,
amending this section and sections 315, 362, 411, 413, and 414 [now
1115, 1162, 1311, 1313, and 1314] of this title] shall take effect on
December 1, 1989.''


Effective Date of 1988 Amendment

Section 1106 of title XI of Pub. L. 100-687 provided that: ``The
amendments made by this title [amending this section and sections 315,
362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this
title, and enacting provisions set out as a note below] shall take
effect on December 1, 1988.''


Effective Date of 1987 Amendment

Section 107 of title I of Pub. L. 100-227 provided that: ``The
amendments made by this title [amending this section and sections 315,
362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this
title and enacting provisions set out as notes under this section and
section 101 of this title] shall take effect as of December 1, 1987.''


Effective Date of 1986 Amendments

Section 107 of Pub. L. 99-576 provided that: ``The amendments made
by sections 101 through 106 [amending this section and sections 315,
362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this
title] shall take effect on December 1, 1986, except that such
amendments shall not take effect unless benefit amounts payable under
title II of the Social Security Act (42 U.S.C. 401 et seq.) are
increased effective December 1, 1986, as a result of a determination
under section 215(i) of such Act (42 U.S.C 415(i)).''
Amendment by section 109(b) of Pub. L. 99-576 effective Oct. 28,
1986, see section 109(c)(1) of Pub. L. 99-576, set out as a note under
section 1160 of this title.
Section 107 of title I of Pub. L. 99-238 provided that: ``The
amendments made by this title [amending this section and sections 315,
362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this
title and enacting provisions set out as a note under this section]
shall take effect as of December 1, 1985.''


Effective Date of 1984 Amendments

Section 107 of Pub. L. 98-543 provided that: ``Sections 101 through
106 [amending this section and sections 315, 362, 411, 413, and 414 [now
1115, 1162, 1311, 1313, and 1314] of this title and enacting provisions
set out as a note under this section] shall take effect on December 1,
1984.''
Section 107 of Pub. L. 98-223 provided that: ``The amendments made
by this part [part A (Secs. 101-108) of title I of Pub. L. 98-223, see
Tables for classification] shall take effect on April 1, 1984.''
Amendment by section 112 of Pub. L. 98-223 effective Oct. 1, 1983,
see section 114 of Pub. L. 98-223, set out as a note under section 1112
of this title.


Effective Date of 1982 Amendments

Section 108 of Pub. L. 97-306 provided that: ``The amendments made
by this part [part A (Secs. 101-108) of title I of Pub. L. 97-306, see
Tables for classification] shall take effect on October 1, 1982.''
Section 111(c) of Pub. L. 97-306 provided that: ``The amendments
made by subsections (a) and (b) [amending this section] shall take
effect on October 1, 1982.''
Section 404(c) of Pub. L. 97-253 provided that: ``The amendments
made by this section [amending this section and section 315 [now 1115]
of this title] shall take effect on October 1, 1982.''


Effective Date of 1981 Amendment

Section 701 of Pub L. 97-66 provided that:
``(a) The amendments made by titles I, II, and III [see Tables for
classification] shall take effect as of October 1, 1981.
``(b)(1) Except as otherwise provided in this subsection, the
amendments made by titles IV, V, and VI [see Tables for classification]
shall take effect on the date of the enactment of this Act [Oct. 17,
1981].
``(2) The amendments made by section 401 [amending sections 767 and
777 [now 1967 and 1977] of this title] shall take effect on December 1,
1981.
``(3) The amendments made by section 504 [amending section 1826 [now
3726] of this title] shall take effect as of October 17, 1980.
``(4) The amendments made by section 601(b)(1) [amending section
5010 [now 8110] of this title] shall take effect as of October 1, 1981.
``(5) The amendments made by section 602 [amending section 3203 [now
5503] of this title] shall take effect on the date of the enactment of
this Act [Oct. 17, 1981] and shall apply with respect to veterans
admitted to a Veterans' Administration hospital or nursing home on or
after such date.
``(6) The amendments made by section 603 [amending sections 906 and
1003 [now 2306 and 2403] of this title] shall apply with respect to
veterans dying before, on, or after the date of the enactment of this
Act [Oct. 17, 1981].''


Effective Date of 1980 Amendment

Section 601 of Pub. L. 96-385 provided that:
``(a) The amendments made by titles I and II [amending this section
and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313,
and 1314] of this title] shall apply only to payments for months
beginning after September 30, 1980.
``(b) The amendments made by title III [amending sections 801, 802,
804, and 805 [now 2101, 2102, 2104, and 2105] of this title] and by
sections 402, 501, 503 [amending sections 230, 1810 [now 3710], 1811
[now 3711], 1819 [now 3712], 3104 [now 5304], and 3203 [now 5503] of
this title], and 506 [amending section 121 of former Title 36, Patriotic
Societies and Observances] shall take effect on October 1, 1980.
``(c) The amendments made by section 502 [amending section 906 [now
2306] of this title] shall apply only with respect to individuals who
die after September 30, 1980.
``(d) The amendments made by sections 401, 504, 505 [enacting
sections 1810, 1819, 3113, and 3305 [now 3710, 3712, 5313, and 5705] of
this title and amending sections 1803 and 1811 [now 3703 and 3711] of
this title] and 507 [not classified to the Code] shall take effect on
the date of the enactment of this Act [Oct. 7, 1980].
``(e) The amendments made by section 508 [amending former sections
4107 and 4109 of this title] shall take effect as of August 26, 1980.''


Effective Date of 1979 Amendments

Section 601 of Pub. L. 96-128, as amended by Pub. L. 96-151, title
III, Sec. 306(a), Dec. 20, 1979, 93 Stat. 1097, provided that:
``(a)(1) Except as provided in paragraph (2) of this subsection, the
amendments made by titles I and II [amending this section and sections
315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of
this title] and the provisions of section 101(b) [set out as a note
below] shall take effect as of October 1, 1979.
``(2) With respect to the amendment made by clause (11) of section
101(a), that portion of the amendment amending subsection (k) of section
314 [now 1114] to increase certain monthly rates of compensation
[substituting ``$62'' for ``$56'' in two places] shall take effect as of
September 1, 1980, and that portion of the amendment amending such
subsection to increase certain maximum monthly amounts of compensation
[substituting ``$1,104'' for ``$1,005'' and ``$1,547'' for ``$1,408'']
shall take effect as of October 1, 1979.
``(b) The amendments made by titles III, IV, and V [see Tables for
classification] shall take effect on the date of the enactment of this
Act [Nov. 28, 1979].''
[Section 306(b) of Pub. L. 96-151 provided that the amendment made
to section 601(a)(2) of Pub. L. 96-128 [substituting ``clause (11)'' for
``clause (1)''], set out as a note above, shall take effect as of Nov.
28, 1979.]


Effective Date of 1978 Amendment

Section 401 of Pub. L. 95-479 provided that:
``(a) Except as provided in subsection (b), the amendments made by
this Act [see Tables for classification] shall take effect on October 1,
1978.
``(b) The amendment made by section 302 [amending section 562 [now
1562] of this title] shall take effect on January 1, 1979.''


Effective Date of 1977 Amendment

Section 501 of Pub. L. 95-117 provided that: ``Except as otherwise
provided in this Act, the amendments made by this Act to title 38,
United States Code [see Tables for classification], shall become
effective on October 1, 1977.''


Effective Date of 1976 Amendment

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.


Effective Date of 1975 Amendment

Section 301 of Pub. L. 94-71 provided that: ``The provisions of this
Act [see Tables for classification] shall become effective August 1,
1975.''


Effective Date of 1974 Amendment

Section 401 of Pub. L. 93-295 provided that: ``The provisions of
this Act [see Tables for classification] shall become effective on May
1, 1974, except that title III [amending sections 1701 and 3202 [now
3501 and 5502] of this title] shall become effective on the first day of
the second calendar month following enactment [May 31, 1974].''


Effective Date of 1972 Amendment

Section 301(a) of Pub. L. 92-328 provided that: ``Sections 101
through 107 of this Act [see Tables for classification] shall take
effect on the first day of the second calendar month which begins after
the date of enactment [June 30, 1972].''


Effective Date of 1970 Amendment

Section 9 of Pub. L. 91-376 provided that: ``The first two sections
of this Act [amending this section and section 315 [now 1115] of this
title and enacting provision set out as a note under this section] take
effect July 1, 1970. Sections 4, 5, 6, and 7 [amending sections 103,
3010 [now 5110], and 3104 [now 5304] of this title, and enacting
provision set out as a note under section 103 of this title] take effect
January 1, 1971.''


Effective Date of 1968 Amendment

Section 2 of Pub. L. 90-493 provided that: ``The compensation
payable pursuant to the amendments made by this Act [amending this
section] shall be payable beginning with the first day of January
1969.''
Section 4(b) of Pub. L. 90-493 provided that: ``The repeals made by
subsection (a) of this section [repealing subsec. (q) of this section
and section 356 of this title] shall not apply in the case of any
veteran who, on the date of enactment of this Act [Aug. 19, 1968], was
receiving or entitled to receive compensation for tuberculosis which in
the judgment of the Administrator had reached a condition of complete
arrest.''


Effective Date of 1967 Amendment

Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see section
405 of Pub. L. 90-77, set out as a note under section 101 of this title.


Effective Date of 1965 Amendment

Section 9 of Pub. L. 89-311 provided that: ``The amendments made by
the first section and sections 2, 3, and 4 of this Act [amending this
section and sections 101, 315 [now 1115], 360 [now 1160], 414 [now
1314], and 560 [now 1560] of this title and enacting provisions set out
as a note under this section] shall take effect on the first day of the
second calendar month following the date of enactment of this Act [Oct.
31, 1965].''


Effective Date of 1963 Amendments

Section 2 of Pub. L. 88-22 provided that: ``The amendments made by
this Act [amending this section] shall take effect on the first day of
the second calendar month which begins after the date of enactment of
this Act [May 15, 1963].''
Section 2 of Pub. L. 88-20 provided that: ``The amendments made by
this Act [amending this section] shall take effect on the first day of
the second month which begins after the date of its enactment [May 15,
1963].''


Effective Date of 1962 Amendment

Amendment by Pub. L. 87-645 effective first day of first calendar
month which begins after Sept. 7, 1962, see section 4 of Pub. L. 87-645,
set out as a note under section 1112 of this title.


Effective Date of 1960 Amendment

Section 2 of Pub. L. 86-663 provided that: ``This Act [amending this
section] shall be effective on and after the first day of the second
calendar month following the date of its enactment [July 14, 1960].''


Effective Date of 1958 Amendment

Section 2 of Pub. L. 85-782 provided that the amendment made by that
section is effective Jan. 1, 1959.


Repeal of Temporary Changes in Fiscal Year 1983 Compensation

Section 405 of Pub. L. 97-253 [amending this section and sections
315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of
this title and enacting provisions set out as notes under this section]
was repealed by Pub. L. 97-306, title I, Sec. 107, Oct. 14, 1982, 96
Stat. 1431. Section 405 of Pub. L. 97-253 had amended those sections
relating to compensation to be effective Jan. 1, 1983, in contemplation
of the later enactment of a law providing for cost-of-living increases
for fiscal year 1983, with the intent that the increases provided for
under section 405 of Pub. L. 97-253 be superseded by increases provided
for in the later law. Pub. L. 97-306 provided for the anticipated
increases and repealed section 405 of Pub. L. 97-253.


Disability Compensation and Dependency and Indemnity Compensation Rate
Increases

Pub. L. 106-413, Secs. 2(a)-(c), 3, Nov. 1, 2000, 114 Stat. 1798,
1799, provided that:
``SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY
AND INDEMNITY COMPENSATION.
``(a) Rate Adjustment.--The Secretary of Veterans Affairs shall,
effective on December 1, 2000, increase the dollar amounts in effect for
the payment of disability compensation and dependency and indemnity
compensation by the Secretary, as specified in subsection (b).
``(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
``(1) Compensation.--Each of the dollar amounts in effect under
section 1114 of title 38, United States Code.
``(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under sections 1115(1) of such title.
``(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title.
``(4) New dic rates.--The dollar amounts in effect under
paragraphs (1) and (2) of section 1311(a) of such title.
``(5) Old dic rates.--Each of the dollar amounts in effect under
section 1311(a)(3) of such title.
``(6) Additional dic for surviving spouses with minor
children.--The dollar amount in effect under section 1311(b) of such
title.
``(7) Additional dic for disability.--The dollar amounts in
effect under sections 1311(c) and 1311(d) of such title.
``(8) DIC for dependent children.--The dollar amounts in effect
under sections 1313(a) and 1314 of such title.
``(c) Determination of Increase.--(1) The increase under subsection
(a) shall be made in the dollar amounts specified in subsection (b) as
in effect on November 30, 2000.
``(2) Except as provided in paragraph (3), each such amount shall be
increased by the same percentage as the percentage by which benefit
amounts payable under title II of the Social Security Act (42 U.S.C. 401
et seq.) are increased effective December 1, 2000, as a result of a
determination under section 215(i) of such Act (42 U.S.C. 415(i)).
``(3) Each dollar amount increased pursuant to paragraph (2) shall,
if not a whole dollar amount, be rounded down to the next lower whole
dollar amount.
``SEC. 3. PUBLICATION OF ADJUSTED RATES.
``At the same time as the matters specified in section 215(i)(2)(D)
of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section 215(i) of such
Act during fiscal year 2001, the Secretary of Veterans Affairs shall
publish in the Federal Register the amounts specified in subsection (b)
of section 2, as increased pursuant to that section.''
Similar provisions were contained in the following acts:
Pub. L. 105-368, title XI, Secs. 1101(a)-(c), 1102, Nov. 11, 1998,
112 Stat. 3366, 3367.
Pub. L. 104-263, Sec. 2(a), (c), Oct. 9, 1996, 110 Stat. 3212.
Pub. L. 104-57, Secs. 2(a)-(c), 3, Nov. 22, 1995, 109 Stat. 555,
556.
Pub. L. 103-418, Secs. 2(a)-(c), 3, Oct. 25, 1994, 108 Stat. 4336,
4337.
Pub. L. 102-510, Sec. 2(a), (c), Oct. 24, 1992, 106 Stat. 3318,
3319.


Administrative Adjustment of Disability Rates of Certain Persons Not
Covered by This Chapter

Pub. L. 107-94, Sec. 2(b), Dec. 21, 2001, 115 Stat. 901, provided
that: ``The Secretary of Veterans Affairs may authorize
administratively, consistent with the increases authorized by this
section [amending this section], the rates of disability compensation
payable to persons within the purview of section 10 of Public Law 85-857
[set out as a note preceding section 101 of this title] who are not in
receipt of compensation payable pursuant to chapter 11 of title 38,
United States Code.''
Similar provisions were contained in the following acts:
Pub. L. 106-413, Sec. 2(d), Nov. 1, 2000, 114 Stat. 1799.
Pub. L. 106-118, Sec. 2(b), Nov. 30, 1999, 113 Stat. 1602.
Pub. L. 105-368, title XI, Sec. 1101(d), Nov. 11, 1998, 112 Stat.
3366.
Pub. L. 105-98, Sec. 2(b), Nov. 19, 1997, 111 Stat. 2156.
Pub. L. 104-263, Sec. 2(b), Oct. 9, 1996, 110 Stat. 3212.
Pub. L. 104-57, Sec. 2(d), Nov. 22, 1995, 109 Stat. 556.
Pub. L. 103-418, Sec. 2(d), Oct. 25, 1994, 108 Stat. 4337.
Pub. L. 102-510, Sec. 2(b), Oct. 24, 1992, 106 Stat. 3318.
Pub. L. 102-152, Sec. 2(b), Nov. 12, 1991, 105 Stat. 986.
Pub. L. 102-3, Sec. 2(b), Feb. 6, 1991, 105 Stat. 8.
Pub. L. 101-237, title I, Sec. 101(b), Dec. 18, 1989, 103 Stat.
2063.
Pub. L. 100-687, div. B, title XI, Sec. 1101(b), Nov. 18, 1988, 102
Stat. 4123.
Pub. L. 100-227, title I, Sec. 101(b), Dec. 31, 1987, 101 Stat.
1553.
Pub. L. 99-576, title I, Sec. 101(b), Oct. 28, 1986, 100 Stat. 3251.
Pub. L. 99-238, title I, Sec. 101(b), Jan. 13, 1986, 99 Stat. 1766.
Pub. L. 98-543, title I, Sec. 101(b), Oct. 24, 1984, 98 Stat. 2736.
Pub. L. 98-223, title I, Sec. 101(b), Mar. 2, 1984, 98 Stat. 38.
Pub. L. 97-306, title I, Sec. 101(b), Oct. 14, 1982, 96 Stat. 1430.
Pub. L. 97-66, title I, Sec. 101(b), Oct. 17, 1981, 95 Stat. 1027.
Pub. L. 96-385, title I, Sec. 101(b), Oct. 7, 1980, 94 Stat. 1529.
Pub. L. 96-128, title I, Sec. 101(b), Nov. 28, 1979, 93 Stat. 983.
Pub. L. 95-479, title I, Sec. 101(e), Oct. 18, 1978, 92 Stat. 1562.
Pub. L. 95-117, title I, Sec. 101(b), Oct. 3, 1977, 91 Stat. 1063.
Pub. L. 94-433, title I, Sec. 101(b), Sept. 30, 1976, 90 Stat. 1374.
Pub. L. 94-71, title I, Sec. 101(b), Aug. 5, 1975, 89 Stat. 395.
Pub. L. 93-295, title I, Sec. 101(b), May 31, 1974, 88 Stat. 181.
Pub. L. 92-328, title I, Sec. 101(b), June 30, 1972, 86 Stat. 393.
Pub. L. 91-376, Sec. 1(b), Aug. 12, 1970, 84 Stat. 788.
Pub. L. 90-493, Sec. 1(b), Aug. 19, 1968, 82 Stat. 809.
Pub. L. 89-311, Sec. 1(b), Oct. 31, 1965, 79 Stat. 1154.
Pub. L. 87-645, Sec. 1(b), Sept. 7, 1962, 76 Stat. 441.

Section Referred to in Other Sections

This section is referred to in sections 1115, 1134, 1717, 3108,
5313, 5503 of this title.


[b]




sgtgoose1
Moderator posted April 02, 2005 13:59
--------------------------------------------------------------------------------
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+38USC1115
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 38USC1115]


TITLE 38--VETERANS' BENEFITS

PART II--GENERAL BENEFITS

CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II--WARTIME DISABILITY COMPENSATION

Sec. 1115. Additional compensation for dependents

Any veteran entitled to compensation at the rates provided in
section 1114 of this title, and whose disability is rated not less than
30 percent, shall be entitled to additional compensation for dependents
in the following monthly amounts:
(1) If and while rated totally disabled and--
(A) has a spouse but no child, $124;
(B) has a spouse and one or more children, $213 plus $64 for
each child in excess of one;
(C) has no spouse but one or more children, $84 plus $64 for
each child in excess of one;
(D) has a parent dependent upon such veteran for support,
then, in addition to the above amounts, $100 for each parent so
dependent;
(E) notwithstanding the other provisions of this paragraph,
the monthly payable amount on account of a spouse who is (i) a
patient in a nursing home or (ii) helpless or blind, or so
nearly helpless or blind as to need or require the regular aid
and attendance of another person, shall be $234 for a totally
disabled veteran and proportionate amounts for partially
disabled veterans in accordance with paragraph (2) of this
section; and
(F) notwithstanding the other provisions of this paragraph,
the monthly amount payable on account of each child who has
attained the age of eighteen years and who is pursuing a course
of instruction at an approved educational institution shall be
$196 for a totally disabled veteran and proportionate amounts
for partially disabled veterans in accordance with paragraph (2)
of this section.

(2) If and while rated partially disabled, but not less than 30
percent, in an amount having the same ratio to the amount specified
in paragraph (1) of this section as the degree of disability bears
to total disability. The amounts payable under this paragraph, if
not a multiple of $1, shall be rounded down to the nearest dollar.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1121, Sec. 315; Pub. L. 86-499,
Sec. 1, June 8, 1960, 74 Stat. 165; Pub. L. 89-137, Sec. 1(b), Aug. 26,
1965, 79 Stat. 576; Pub. L. 89-311, Sec. 2(a), (b), Oct. 31, 1965, 79
Stat. 1154, 1155; Pub. L. 91-376, Sec. 2, Aug. 12, 1970, 84 Stat. 788;
Pub. L. 92-328, title I, Sec. 102, June 30, 1972, 86 Stat. 394; Pub. L.
93-295, title I, Sec. 102, May 31, 1974, 88 Stat. 181; Pub. L. 94-71,
title I, Sec. 102, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94-433, title I,
Sec. 102, title IV, Sec. 404(9)-(11), Sept. 30, 1976, 90 Stat. 1375,
1378; Pub. L. 95-117, title I, Sec. 102, Oct. 3, 1977, 91 Stat. 1064;
Pub. L. 95-479, title I, Sec. 102, Oct. 18, 1978, 92 Stat. 1562; Pub. L.
96-128, title I, Sec. 102, Nov. 28, 1979, 93 Stat. 983; Pub. L. 96-385,
title I, Sec. 102, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66, title I,
Sec. 102, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97-253, title IV,
Secs. 404(b), 405(c), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97-306, title
I, Secs. 102, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98-223,
title I, Sec. 102, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98-543, title I,
Sec. 102, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99-238, title I,
Sec. 102, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99-576, title I,
Sec. 102, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100-227, title I,
Sec. 102, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100-687, div. B, title
XI, Sec. 1102, Nov. 18, 1988, 102 Stat. 4123; Pub. L. 101-237, title I,
Sec. 102, Dec. 18, 1989, 103 Stat. 2063; Pub. L. 102-3, Sec. 3, Feb. 6,
1991, 105 Stat. 8; renumbered Sec. 1115 and amended Pub. L. 102-83,
Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec. 3,
Nov. 12, 1991, 105 Stat. 986; Pub. L. 103-78, Sec. 2, Aug. 13, 1993, 107
Stat. 768; Pub. L. 103-140, Sec. 3, Nov. 11, 1993, 107 Stat. 1486; Pub.
L. 105-98, Sec. 3, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106-118,
Sec. 3, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107-94, Sec. 3, Dec. 21,
2001, 115 Stat. 901.)


Amendments

2001--Par. (1)(A). Pub. L. 107-94, Sec. 3(1), substituted ``$124''
for ``$117''.
Par. (1)(B). Pub. L. 107-94, Sec. 3(2), substituted ``$213'' and
``$64'' for ``$201'' and ``$61'', respectively.
Par. (1)(C). Pub. L. 107-94, Sec. 3(3), substituted ``$84'' and
``$64'' for ``$80'' and ``$61'', respectively.
Par. (1)(D). Pub. L. 107-94, Sec. 3(4), substituted ``$100'' for
``$95''.
Par. (1)(E). Pub. L. 107-94, Sec. 3(5), substituted ``$234'' for
``$222''.
Par. (1)(F). Pub. L. 107-94, Sec. 3(6), substituted ``$196'' for
``$186''.
1999--Par. (1)(A). Pub. L. 106-118, Sec. 3(1), substituted ``$117''
for ``$114''.
Par. (1)(B). Pub. L. 106-118, Sec. 3(2), substituted ``$201'' and
``$61'' for ``$195'' and ``$60'', respectively.
Par. (1)(C). Pub. L. 106-118, Sec. 3(3), substituted ``$80'' and
``$61'' for ``$78'' and ``$60'', respectively.
Par. (1)(D). Pub. L. 106-118, Sec. 3(4), substituted ``$95'' for
``$92''.
Par. (1)(E). Pub. L. 106-118, Sec. 3(5), substituted ``$222'' for
``$215''.
Par. (1)(F). Pub. L. 106-118, Sec. 3(6), substituted ``$186'' for
``$180''.
1997--Par. (1)(A). Pub. L. 105-98, Sec. 3(1), substituted ``$114''
for ``$105''.
Par. (1)(B). Pub. L. 105-98, Sec. 3(2), substituted ``$195'' and
``$60'' for ``$178'' and ``$55'', respectively.
Par. (1)(C). Pub. L. 105-98, Sec. 3(3), substituted ``$78'' and
``$60'' for ``$72'' and ``$55'', respectively.
Par. (1)(D). Pub. L. 105-98, Sec. 3(4), substituted ``$92'' for
``$84''.
Par. (1)(E). Pub. L. 105-98, Sec. 3(5), substituted ``$215'' for
``$195''.
Par. (1)(F). Pub. L. 105-98, Sec. 3(6), substituted ``$180'' for
``$164''.
1993--Par. (1)(A). Pub. L. 103-140, Sec. 3(1), substituted ``$105''
for ``$103''.
Pub. L. 103-78, Sec. 2(1), substituted ``$103'' for ``$100''.
Par. (1)(B). Pub. L. 103-140, Sec. 3(2), substituted ``$178'' for
``$174'' and ``$55'' for ``$54''.
Pub. L. 103-78, Sec. 2(2), substituted ``$174'' for ``$169'' and
``$54'' for ``$52''.
Par. (1)(C). Pub. L. 103-140, Sec. 3(3), substituted ``$72'' for
``$71'' and ``$55'' for ``$54''.
Pub. L. 103-78, Sec. 2(3), substituted ``$71'' for ``$69'' and
``$54'' for ``$52''.
Par. (1)(D). Pub. L. 103-140, Sec. 3(4), substituted ``$84'' for
``$82''.
Pub. L. 103-78, Sec. 2(4), substituted ``$82'' for ``$80''.
Par. (1)(E). Pub. L. 103-140, Sec. 3(5), substituted ``$195'' for
``$191''.
Pub. L. 103-78, Sec. 2(5), substituted ``$191'' for ``$185''.
Par. (1)(F). Pub. L. 103-140, Sec. 3(6), substituted ``$164'' for
``$160''.
Pub. L. 103-78, Sec. 2(6), substituted ``$160'' for ``$155''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 315 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted ``1114'' for ``314'' in
introductory provisions.
Par. (1)(A). Pub. L. 102-152, Sec. 3(1), substituted ``$100'' for
``$96''.
Pub. L. 102-3, Sec. 3(1), substituted ``$96'' for ``$92''.
Par. (1)(B). Pub. L. 102-152, Sec. 3(2), substituted ``$169'' for
``$163'' and ``$52'' for ``$50''.
Pub. L. 102-3, Sec. 3(2), substituted ``$163'' for ``$155'' and
``$50'' for ``$48''.
Par. (1)(C). Pub. L. 102-152, Sec. 3(3), substituted ``$69'' for
``$67'' and ``$52'' for ``$50''.
Pub. L. 102-3, Sec. 3(3), substituted ``$67'' for ``$64'' and
``$50'' for ``$48''.
Par. (1)(D). Pub. L. 102-152, Sec. 3(4), substituted ``$80'' for
``$77''.
Pub. L. 102-3, Sec. 3(4), substituted ``$77'' for ``$74''.
Par. (1)(E). Pub. L. 102-152, Sec. 3(5), substituted ``$185'' for
``$178''.
Pub. L. 102-3, Sec. 3(5), substituted ``$178'' for ``$169''.
Par. (1)(F). Pub. L. 102-152, Sec. 3(6), substituted ``$155'' for
``$149''.
Pub. L. 102-3, Sec. 3(6), substituted ``$149'' for ``$142''.
1989--Par. (1)(A). Pub. L. 101-237, Sec. 102(1), substituted ``$92''
for ``$88''.
Par. (1)(B). Pub. L. 101-237, Sec. 102(2), substituted ``$155'' and
``$48'' for ``$148'' and ``$46'', respectively.
Par. (1)(C). Pub. L. 101-237, Sec. 102(3), substituted ``$64'' and
``$48'' for ``$61'' and ``$46'', respectively.
Par. (1)(D). Pub. L. 101-237, Sec. 102(4), substituted ``$74'' for
``$71''.
Par. (1)(E). Pub. L. 101-237, Sec. 102(5), substituted ``$169'' for
``$161''.
Par. (1)(F). Pub. L. 101-237, Sec. 102(6), substituted ``$142'' for
``$136''.
1988--Par. (1)(A). Pub. L. 100-687, Sec. 1102(1), substituted
``$88'' for ``$85''.
Par. (1)(B). Pub. L. 100-687, Sec. 1102(2), substituted ``$148'' and
``$46'' for ``$143'' and ``$45'', respectively.
Par. (1)(C). Pub. L. 100-687, Sec. 1102(3), substituted ``$61'' and
``$46'' for ``$59'' and ``$45'', respectively.
Par. (1)(D). Pub. L. 100-687, Sec. 1102(4), substituted ``$71'' for
``$69''.
Par. (1)(E). Pub. L. 100-687, Sec. 1102(5), substituted ``$161'' for
``$155''.
Par. (1)(F). Pub. L. 100-687, Sec. 1102(6), substituted ``$136'' for
``$131''.
1987--Par. (1)(A). Pub. L. 100-227, Sec. 102(1), substituted ``$85''
for ``$82''.
Par. (1)(B). Pub. L. 100-227, Sec. 102(2), substituted ``$143'' and
``$45'' for ``$138'' and ``$44'', respectively.
Par. (1)(C). Pub. L. 100-227, Sec. 102(3), substituted ``$59'' and
``$45'' for ``$57'' and ``$44'', respectively.
Par. (1)(D). Pub. L. 100-227, Sec. 102(4), substituted ``$69'' for
``$67''.
Par. (1)(E). Pub. L. 100-227, Sec. 102(5), substituted ``$155'' for
``$149''.
Par. (1)(F). Pub. L. 100-227, Sec. 102(6), substituted ``$131'' for
``$126''.
1986--Par. (1)(A). Pub. L. 99-576, Sec. 102(1), substituted ``$82''
for ``$81''.
Pub. L. 99-238, Sec. 102(1), substituted ``$81'' for ``$79''.
Par. (1)(B). Pub. L. 99-576, Sec. 102(2), substituted ``$138'' and
``$44'' for ``$136'' and ``$43'', respectively.
Pub. L. 99-238, Sec. 102(2), substituted ``$136'' and ``$43'' for
``$132'' and ``$42'', respectively.
Par. (1)(C). Pub. L. 99-576, Sec. 102(3), substituted ``$57'' and
``$44'' for ``$56'' and ``$43'', respectively.
Pub. L. 99-238, Sec. 102(3), substituted ``$56'' and ``$43'' for
``$54'' and ``$42'', respectively.
Par. (1)(D). Pub. L. 99-576, Sec. 102(4), substituted ``$67'' for
``$66''.
Pub. L. 99-238, Sec. 102(4), substituted ``$66'' for ``$64''.
Par. (1)(E). Pub. L. 99-576, Sec. 102(5), substituted ``$149'' for
``$147''.
Pub. L. 99-238, Sec. 102(5), substituted ``$147'' for ``$143''.
Par. (1)(F). Pub. L. 99-576, Sec. 102(6), substituted ``$126'' for
``$124''.
Pub. L. 99-238, Sec. 102(6), substituted ``$124'' for ``$120''.
1984--Pub. L. 98-223, Sec. 102(b), substituted ``percent'' for ``per
centum'' in provision preceding par. (1).
Par. (1)(A). Pub. L. 98-543, Sec. 102(1), substituted ``$79'' for
``$77''.
Pub. L. 98-223, Sec. 102(a)(1), substituted ``$77'' for ``$74''.
Par. (1)(B). Pub. L. 98-543, Sec. 102(2), substituted ``$132'' and
``$42'' for ``$128'' and ``$41'', respectively.
Pub. L. 98-223, Sec. 102(a)(2), substituted ``$128'' and ``$41'' for
``$124'' and ``$40'', respectively.
Par. (1)(C). Pub. L. 98-543, Sec. 102(3), substituted ``$54'' and
``$42'' for ``$52'' and ``$41'', respectively.
Pub. L. 98-223, Sec. 102(a)(3), substituted ``$52'' and ``$41'' for
``$50'' and ``$40'', respectively.
Par. (1)(D). Pub. L. 98-543, Sec. 102(4), substituted ``$64'' for
``$62''.
Pub. L. 98-223, Sec. 102(a)(4), substituted ``$62'' for ``$60''.
Par. (1)(E). Pub. L. 98-543, Sec. 102(5), substituted ``$143'' for
``$139''.
Pub. L. 98-223, Sec. 102(a)(5), substituted ``$139'' for ``$134''.
Par. (1)(F). Pub. L. 98-543, Sec. 102(6), substituted ``$120'' for
``$116''.
Pub. L. 98-223, Sec. 102(a)(6), substituted ``$116'' for ``$112''.
Par. (2). Pub. L. 98-223, Sec. 102(b), substituted ``percent'' for
``per centum''.
1982--Par. (1)(A). Pub. L. 97-306, Sec. 102(1), added subpar. (A)
and struck out former subpar. (A) which provided $69 for a veteran with
a spouse but no child living.
Par. (1)(B). Pub. L. 97-306, Secs. 102(1), 107, 108, added subpar.
(B), repealed amendment made by Pub. L. 97-253, Sec. 405(c)(1), eff.
Oct. 1, 1982, and struck out former subpar. (B) which provided $116 for
a veteran with a spouse and one child living.
Pub. L. 97-253, Sec. 405(c)(1), (h), eff. Jan. 1, 1983, substituted
``$115'' for ``$116''.
Par. (1)(C). Pub. L. 97-306, Sec. 102(1), added subpar. (C) and
struck out former subpar. (C) which provided $153 for a veteran with a
spouse and two children living.
Par. (1)(D). Pub. L. 97-306, Secs. 102(1)-(3), 107, 108,
redesignated subpar. (H) as (D), in subpar. (D) as so redesignated,
substituted ``$60'' for ``$56'', struck out former subpar. (D) which
provided $192 for a veteran with a spouse and three or more children
living (plus $38 for each living child in excess of three), and repealed
amendment made by Pub. L. 97-253, Sec. 405(c)(2), eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(c)(2), (h), eff. Jan. 1, 1983, substituted
``$37'' for ``$38'' after ``plus''.
Par. (1)(E). Pub. L. 97-306, Sec. 102(1), (2), (4), redesignated
subpar. (I) as (E), substituted ``$134'' for ``$125'', and struck out
former subpar. (E) which provided $47 for a veteran with no spouse but
one child living.
Par. (1)(F). Pub. L. 97-306, Sec. 102(1), (2), (5), redesignated
subpar. (J) as (F), substituted ``$112'' for ``$105'', and struck out
former subpar. (F) which provided $86 for a veteran with no spouse but
two children living.
Par. (1)(G). Pub. L. 97-306, Secs. 102(1), 107, 108, struck out
subpar. (G) which provided $123 for a veteran with no spouse but three
or more children living (plus $38 for each living child in excess of
three), and repealed amendment made by Pub. L. 97-253, Sec. 405(c)(3),
eff. Oct. 1, 1982.
Pub. L. 97-253, Sec. 405(c)(3), (h), eff. Jan. 1, 1983, substituted
``$37'' for ``$38'' after ``plus''.
Par. (1)(H) to (J). Pub. L. 97-306, Sec. 102(2), redesignated
subpars. (H), (I), and (J) as (D), (E), and (F), respectively.
Par. (2). Pub. L. 97-253, Sec. 404(b), substituted provisions that
the amounts payable under this paragraph, if not a multiple of $1, be
rounded down to the nearest dollar for provisions that such amounts
would be adjusted upward or downward to the nearest dollar, counting
fifty cents and over as a whole dollar.
1981--Par. (1)(A) to (J). Pub. L. 97-66 increased compensation
figures as follows: in subpar. (A) from $62 to $69, in subpar. (B) from
$104 to $116, in subpar. (C) from $138 to $153, in subpar. (D) from $173
to $192 and from $34 to $38, in subpar. (E) from $42 to $47, in subpar.
(F) from $77 to $86, in subpar (G) from $111 to $123 and from $34 to
$38, in subpar. (H) from $50 to $56, in subpar. (I) from $112 to $125,
and in subpar. (J) from $94 to $105.
1980--Par. (1)(A) to (J). Pub. L. 96-385, Sec. 102(1)-(10),
increased additional compensation in subpar. (A) from $54 to $62, in
subpar. (B) from $91 to $104, in subpar. (C) from $121 to $138, in
subpar. (D) from $151 and $30 to $173 and $34, respectively, in subpar.
(E) from $37 to $42, in subpar. (F) from $67 to $77, in subpar. (G) from
$97 and $30 to $111 and $34, respectively, in subpar. (H) from $44 to
$50, in subpar. (I) from $98 to $112, and in subpar. (J) from $82 to
$94.
1979--Par. (1)(A) to (H). Pub. L. 96-128, Sec. 102(a)(1)-(8),
increased additional compensation in subpar. (A) from $49 to $54, in
subpar. (B) from $83 to $91, in subpar. (C) from $110 to $121, in
subpar. (D) from $137 and $27 to $151 and $30, respectively, in subpar.
(E) from $34 to $37, in subpar. (F) from $61 to $67, in subpar. (G) from
$88 and $27 to $97 and $30, respectively, and in subpar. (H) from $40 to
$44.
Par. (1)(I). Pub. L. 96-128, Sec. 102(a)(9), (b)(1)(A), substituted
``paragraph'' for ``subsection'', ``(i)'' for ``(1)'', ``(ii)'' for
``(2)'', ``$98'' for ``$89'', and ``section'' for ``subsection''.
Par. (1)(J). Pub. L. 96-128, Sec. 102(a)(10), (b)(1)(B), substituted
``paragraph'' for ``subsection'', ``$82'' for ``$75'', and ``section''
for ``subsection''.
Par. (2). Pub. L. 96-128, Sec. 102(b)(2), inserted ``of this
section'' after ``(1)''.
1978--Pub. L. 95-479, Sec. 102(b), substituted ``30 per centum'' for
``50 per centum'' in provisions preceding par. (1).
Par. (1). Pub. L. 95-479, Sec. 102(a), substituted $49 for $46 in
subpar. (A), $83 for $77 in subpar. (B), $110 for $98 in subpar. (C),
$137 and $27 for $120 and $22, respectively, in subpar. (D), $34 for $30
in subpar. (E), $61 for $52 in subpar. (F), $88 and $27 for $77 and $22,
respectively, in subpar. (G), $40 for $37 in subpar. (H), $89 for $83 in
subpar. (I), and $75 for $70 in subpar. (J).
Par. (2). Pub. L. 95-479, Sec. 102(b), substituted ``30 per centum''
for ``50 per centum''.
1977--Par. (1). Pub. L. 95-117 substituted $46 for $43 in subpar.
(A), $77 for $72 in subpar. (B), $98 for $92 in subpar. (C), $120 and
$22 for $113 and $21, respectively, in subpar. (D), $30 for $28 in
subpar. (E), $52 for $49 in subpar. (F), $77 and $22 for $72 and $21,
respectively, in subpar. (G), $37 for $35 in subpar. (H), $83 for $78 in
subpar. (I), and $70 for $66 in subpar. (J).
1976--Par. (1). Pub. L. 94-433, Sec. 102, substituted $43 for $40 in
subpar. (A), $72 for $67 in subpar. (B), $92 for $85 in subpar. (C),
$113 and $21 for $105 and $19, respectively, in subpar. (D), $28 for $26
in subpar. (E), $49 for $45 in subpar. (F), $72 and $21 for $67 and $19,
respectively, in subpar. (G), $35 for $32 in subpar. (H), added subpar.
(I), and substituted $66 for $61 in subpar. (J), formerly (I), but
redesignated (J).
Pub. L. 94-433, Secs. 404(9), (10), substituted ``spouse'' for
``wife'' in subpars. (A) through (G) and ``parent dependent upon such
veteran'' for ``mother or father, either or both dependent upon him'' in
subpar. (H).
Par. (2). Pub. L. 94-433, Sec. 404(11), struck out ``his'' before
``disability bears''.
1975--Par. (1). Pub. L. 94-71 substituted $40 for $36 in subpar.
(A), $67 for $61 in subpar. (B), $85 for $77 in subpar. (C), $105 and
$19 for $95 and $17, respectively, in subpar. (D), $26 for $24 in
subpar. (E), $45 for $41 in subpar. (F), $67 and $19 for $61 and $17,
respectively, in subpar. (G), $32 for $29 in subpar. (H) and $61 for $55
in subpar. (I).
1974--Par. (1). Pub. L. 93-295 substituted $36 for $31 in subpar.
(A), $61 for $53 in subpar. (B), $77 for $67 in subpar. (C), $95 and $17
for $83 and $15, respectively, in subpar. (D), $24 for $21 in subpar.
(E), $41 for $36 in subpar. (F), $61 and $17 for $53 and $15,
respectively, in subpar. (G), $29 for $25 in subpar. (H), and $55 for
$48 in subpar. (I).
1972--Par. (1). Pub. L. 92-328 substituted $31 for $28 in subpar.
(A), $53 for $48 in subpar. (B), $67 for $61 in subpar. (C), $83 and $15
for $75 and $14, respectively, in subpar. (D), $21 for $19 in subpar.
(E), $36 for $33 in subpar. (F), $53 and $15 for $48 and $14,
respectively, in subpar. (G), $25 for $23 in subpar. (H), and $48 for
$44 in subpar. (I).
1970--Par. (1). Pub. L. 91-376 substituted $28 for $25 in subpar.
(A), $48 for $43 in subpar. (B), $61 for $55 in subpar. (C), $75 and $14
for $68 and $13, respectively, in subpar. (D), $19 for $17 in subpar.
(E), $33 for $30 in subpar. (F), $48 and $14 for $43 and $13,
respectively, in subpar. (G), $23 for $21 in subpar. (H), and $44 for
$40 in subpar. (I).
1965--Par. (1). Pub. L. 89-311 substituted $25 for $23 in subpar.
(A), $43 for $39 in subpar. (B), $55 for $50 in subpar. (C), $68 and $13
for $62 and $12 respectively in subpar. (D), $17 for $15 in subpar. (E),
$30 for $27 in subpar. (F), $43 and $13 for $39 and $12 respectively in
subpar. (G), and $21 for $19 in subpar. (H), and added subpar. (I).
Pub. L. 89-137 struck out subsec. (b) which prohibited payment of
the additional compensation to any veteran during any period he is in
receipt of an increased rate of subsistence allowance or education and
training allowance on account of a dependent or dependents, and
redesignated subsec. (a) as entire section.
1960--Subsec. (a). Pub. L. 86-499 authorized payment of $12 for each
living child in excess of three.


Effective Date of 2001 Amendment

Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7 of
Pub. L. 107-94, set out as a note under section 1114 of this title.


Effective Date of 1999 Amendment

Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section 7
of Pub. L. 106-118, set out as a note under section 1114 of this title.


Effective Date of 1997 Amendment

Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7 of
Pub. L. 105-98, set out as a note under section 1114 of this title.


Effective Date of 1993 Amendment

Amendment by Pub. L. 103-140 effective Dec. 1, 1993, see section 7
of Pub. L. 103-140, set out as a note under section 1114 of this title.


Effective Date of 1991 Amendments

Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section 7
of Pub. L. 102-152, set out as a note under section 1114 of this title.
Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7 of
Pub. L. 102-3, set out as a note under section 1114 of this title.


Effective Date of 1989 Amendment

Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section 106
of Pub. L. 101-237, set out as a note under section 1114 of this title.


Effective Date of 1988 Amendment

Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section
1106 of Pub. L. 100-687, set out as a note under section 1114 of this
title.


Effective Date of 1987 Amendment

Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section 107
of Pub. L. 100-227, set out as a note under section 1114 of this title.


Effective Date of 1986 Amendments

Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not
effective unless benefit amounts payable under section 401 et seq. of
Title 42, The Public Health and Welfare, are increased effective Dec. 1,
1986, as a result of a determination under section 415(i) of Title 42,
see section 107 of Pub. L. 99-576, set out as a note under section 1114
of this title.
Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107
of Pub. L. 99-238, set out as a note under section 1114 of this title.


Effective Date of 1984 Amendments

Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107
of Pub. L. 98-543, set out as a note under section 1114 of this title.
Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107
of Pub. L. 98-223, set out as a note under section 1114 of this title.


Effective Date of 1982 Amendments

Amendments by section 102 of Pub. L. 97-306 effective Oct. 1, 1982,
see section 108 of Pub. L. 97-306, set out as a note under section 1114
of this title.
Amendment by section 404(b) of Pub. L. 97-253 effective Oct. 1,
1982, see section 404(c) of Pub. L. 97-253, set out as a note under
section 1114 of this title.


Effective Date of 1981 Amendment

Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section
701(a) of Pub. L. 97-66, set out as a note under section 1114 of this
title.


Effective Date of 1980 Amendment

Amendment by Pub. L. 96-385 applicable only to payments for months
beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385,
set out as a note under section 1114 of this title.


Effective Date of 1979 Amendment

Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section
601(a)(1) of Pub. L. 96-128, set out as a note under section 1114 of
this title.


Effective Date of 1978 Amendment

Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.


Effective Date of 1977 Amendment

Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501
of Pub. L. 95-117, set out as a note under section 1114 of this title.


Effective Date of 1976 Amendment

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406
of Pub. L. 94-433, set out as a note under section 1101 of this title.


Effective Date of 1975 Amendment

Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301
of Pub. L. 94-71, set out as a note under section 1114 of this title.


Effective Date of 1974 Amendment

Amendment by Pub. L. 93-295 effective May 1, 1974, see section 401
of Pub. L. 93-295, set out as a note under section 1114 of this title.


Effective Date of 1972 Amendment

Amendment by Pub. L. 92-328 effective first day of second calendar
month which begins after June 30, 1972, see section 301(a) of Pub. L.
92-328, set out as a note under section 1114 of this title.


Effective Date of 1970 Amendment

Amendment by Pub. L. 91-376 effective July 1, 1970, see section 9 of
Pub. L. 91-376, set out as a note under section 1114 of this title.


Effective Date of 1965 Amendments

Amendment by Pub. L. 89-311 effective first day of second calendar
month following Oct. 31, 1965, see section 9 of Pub. L. 89-311, set out
as a note under section 1114 of this title.
Section 2 of Pub. L. 89-137 provided that: ``The foregoing
provisions of this Act [amending this section and former section 1504 of
this title] shall become effective on the first day of the second
calendar month which begins following the date of enactment of this Act
[Aug. 26, 1965].''


Effective Date of 1960 Amendment

Section 2 of Pub. L. 86-499 provided that: ``The amendments made by
this Act [amending this section] shall take effect on the first day of
the second calendar month which begins after the date of enactment of
this Act [June 8, 1960].''


Repeal

Section 405(c) of Pub. L. 97-253, cited as a credit to this section,
was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14, 1982, 96 Stat.
1431, 1432, eff. Oct. 1, 1982.


Savings Provision

Section 1(c) of Pub. L. 89-137 provided that: ``Any veteran-trainee
receiving subsistence allowance on the date of the enactment of this Act
[Aug. 26, 1965] while pursuing a course of vocational rehabilitation
authorized by chapter 31 of title 38, United States Code [former section
1501 et seq. of this title], shall not have such allowance reduced by
reason of the amendments contained in such Act [amending this section
and former section 1504 of this title].''


Disability Compensation and Dependency and Indemnity Compensation Rate
Increases

For increases in rates and limitations on Department of Veterans
Affairs disability compensation and dependency and indemnity
compensation, see notes set out under section 1114 of this title.

Section Referred to in Other Sections

This section is referred to in section 1135 of this title.





sgtgoose1
Moderator posted April 02, 2005 14:04
--------------------------------------------------------------------------------
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+38USC1116
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 38USC1116]


TITLE 38--VETERANS' BENEFITS

PART II--GENERAL BENEFITS

CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II--WARTIME DISABILITY COMPENSATION

Sec. 1116. Presumptions of service connection for diseases
associated with exposure to certain herbicide agents;
presumption of exposure for veterans who served in the Republic
of Vietnam

(a)(1) For the purposes of section 1110 of this title, and subject
to section 1113 of this title--
(A) a disease specified in paragraph (2) of this subsection
becoming manifest as specified in that paragraph in a veteran who,
during active military, naval, or air service, served in the
Republic of Vietnam during the period beginning on January 9, 1962,
and ending on May 7, 1975; and
(B) each additional disease (if any) that (i) the Secretary
determines in regulations prescribed under this section warrants a
presumption of service-connection by reason of having positive
association with exposure to an herbicide agent, and (ii) becomes
manifest within the period (if any) prescribed in such regulations
in a veteran who, during active military, naval, or air service,
served in the Republic of Vietnam during the period beginning on
January 9, 1962, and ending on May 7, 1975, and while so serving was
exposed to that herbicide agent,

shall be considered to have been incurred in or aggravated by such
service, notwithstanding that there is no record of evidence of such
disease during the period of such service.
(2) The diseases referred to in paragraph (1)(A) of this subsection
are the following:
(A) Non-Hodgkin's lymphoma becoming manifest to a degree of
disability of 10 percent or more.
(B) Each soft-tissue sarcoma becoming manifest to a degree of
disability of 10 percent or more other than osteosarcoma,
chondrosarcoma, Kaposi's sarcoma, or mesothelioma.
(C) Chloracne or another acneform disease consistent with
chloracne becoming manifest to a degree of disability of 10 percent
or more within one year after the last date on which the veteran
performed active military, naval, or air service in the Republic of
Vietnam during the period beginning on January 9, 1962, and ending
on May 7, 1975.
(D) Hodgkin's disease becoming manifest to a degree of
disability of 10 percent or more.
(E) Porphyria cutanea tarda becoming manifest to a degree of
disability of 10 percent or more within a year after the last date
on which the veteran performed active military, naval, or air
service in the Republic of Vietnam during the period beginning on
January 9, 1962, and ending on May 7, 1975.
(F) Respiratory cancers (cancer of the lung, bronchus, larynx,
or trachea) becoming manifest to a degree of disability of 10
percent or more.
(G) Multiple myeloma becoming manifest to a degree of disability
of 10 percent or more.
(H) Diabetes Mellitus (Type 2).

(3) For purposes of this section, the term ``herbicide agent'' means
a chemical in an herbicide used in support of the United States and
allied military operations in the Republic of Vietnam during the period
beginning on January 9, 1962, and ending on May 7, 1975.
(b)(1) Whenever the Secretary determines, on the basis of sound
medical and scientific evidence, that a positive association exists
between (A) the exposure of humans to an herbicide agent, and (B) the
occurrence of a disease in humans, the Secretary shall prescribe
regulations providing that a presumption of service connection is
warranted for that disease for the purposes of this section.
(2) In making determinations for the purpose of this subsection, the
Secretary shall take into account (A) reports received by the Secretary
from the National Academy of Sciences under section 3 of the Agent
Orange Act of 1991, and (B) all other sound medical and scientific
information and analyses available to the Secretary. In evaluating any
study for the purpose of making such determinations, the Secretary shall
take into consideration whether the results are statistically
significant, are capable of replication, and withstand peer review.
(3) An association between the occurrence of a disease in humans and
exposure to an herbicide agent shall be considered to be positive for
the purposes of this section if the credible evidence for the
association is equal to or outweighs the credible evidence against the
association.
(c)(1)(A) Not later than 60 days after the date on which the
Secretary receives a report from the National Academy of Sciences under
section 3 of the Agent Orange Act of 1991, the Secretary shall determine
whether a presumption of service connection is warranted for each
disease covered by the report. If the Secretary determines that such a
presumption is warranted, the Secretary, not later than 60 days after
making the determination, shall issue proposed regulations setting forth
the Secretary's determination.
(B) If the Secretary determines that a presumption of service
connection is not warranted, the Secretary, not later than 60 days after
making the determination, shall publish in the Federal Register a notice
of that determination. The notice shall include an explanation of the
scientific basis for that determination. If the disease already is
included in regulations providing for a presumption of service
connection, the Secretary, not later than 60 days after publication of
the notice of a determination that the presumption is not warranted,
shall issue proposed regulations removing the presumption for the
disease.
(2) Not later than 90 days after the date on which the Secretary
issues any proposed regulations under this subsection, the Secretary
shall issue final regulations. Such regulations shall be effective on
the date of issuance.
(d) Whenever a disease is removed from regulations prescribed under
this section--
(1) a veteran who was awarded compensation for such disease on
the basis of the presumption provided in subsection (a) before the
effective date of the removal shall continue to be entitled to
receive compensation on that basis; and
(2) a survivor of a veteran who was awarded dependency and
indemnity compensation for the death of a veteran resulting from
such disease on the basis of such presumption shall continue to be
entitled to receive dependency and indemnity compensation on such
basis.

(e) Subsections (b) through (d) shall cease to be effective on
September 30, 2015.
(f) For purposes of establishing service connection for a disability
or death resulting from exposure to a herbicide agent, including a
presumption of service-connection under this section, a veteran who,
during active military, naval, or air service, served in the Republic of
Vietnam during the period beginning on January 9, 1962, and ending on
May 7, 1975, shall be presumed to have been exposed during such service
to an herbicide agent containing dioxin or 2,4-dichlorophenoxyacetic
acid, and may be presumed to have been exposed during such service to
any other chemical compound in an herbicide agent, unless there is
affirmative evidence to establish that the veteran was not exposed to
any such agent during that service.

(Added Pub. L. 102-4, Sec. 2(a)(1), Feb. 6, 1991, 105 Stat. 11,
Sec. 316; renumbered Sec. 1116 and amended Pub. L. 102-83, Sec. 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title V, Sec. 505,
title XII, Sec. 1201(e)(6), Nov. 2, 1994, 108 Stat. 4664, 4685; Pub. L.
104-275, title V, Sec. 505(b), Oct. 9, 1996, 110 Stat. 3342; Pub. L.
106-419, title IV, Sec. 404(a)(1), Nov. 1, 2000, 114 Stat. 1864; Pub. L.
107-103, title II, Sec. 201(a)(1)(A), (b)-(c)(2)(A), (d)(1), Dec. 27,
2001, 115 Stat. 987, 988.)

References in Text

Section 3 of the Agent Orange Act of 1991, referred to in subsecs.
(b)(2) and (c)(1)(A), is section 3 of Pub. L. 102-4, which is set out
below.


Amendments

2001--Pub. L. 107-103, Sec. 201(c)(2)(A), amended section catchline
generally. Prior to amendment, catchline read as follows: ``Presumptions
of service connection for diseases associated with exposure to certain
herbicide agents''.
Subsec. (a)(2)(F). Pub. L. 107-103, Sec. 201(a)(1)(A), struck out
``within 30 years after the last date on which the veteran performed
active military, naval, or air service in the Republic of Vietnam during
the period beginning on January 9, 1962, and ending on May 7, 1975''
before period at end.
Subsec. (a)(2)(H). Pub. L. 107-103, Sec. 201(b), added subpar. (H).
Subsec. (a)(3), (4). Pub. L. 107-103, Sec. 201(c)(1)(B),
redesignated par. (4) as (3). Former par. (3) redesignated as subsec.
(f).
Subsec. (e). Pub. L. 107-103, Sec. 201(d)(1), substituted ``on
September 30, 2015'' for ``10 years after the first day of the fiscal
year in which the National Academy of Sciences transmits to the
Secretary the first report under section 3 of the Agent Orange Act of
1991''.
Subsec. (f). Pub. L. 107-103, Sec. 201(c)(1)(A), (C), redesignated
subsec. (a)(3) as (f), substituted ``For purposes of establishing
service connection for a disability or death resulting from exposure to
a herbicide agent, including a presumption of service-connection under
this section, a veteran'' for ``For the purposes of this subsection, a
veteran'', and struck out ``and has a disease referred to in paragraph
(1)(B) of this subsection'' after ``May 7, 1975,''.
2000--Subsec. (a)(2)(F). Pub. L. 106-419 inserted ``of disability''
after ``to a degree''.
1996--Subsec. (a)(1)(A). Pub. L. 104-275, Sec. 505(b)(2),
substituted ``during the period beginning on January 9, 1962, and ending
on May 7, 1975'' for ``during the Vietnam era''.
Subsec. (a)(1)(B). Pub. L. 104-275, Sec. 505(b)(1), substituted
``during the period beginning on January 9, 1962, and ending on May 7,
1975,'' for ``during the Vietnam era''.
Subsec. (a)(2)(C), (E), (F). Pub. L. 104-275, Sec. 505(b)(2),
substituted ``during the period beginning on January 9, 1962, and ending
on May 7, 1975'' for ``during the Vietnam era''.
Subsec. (a)(3). Pub. L. 104-275, Sec. 505(b)(1), substituted
``during the period beginning on January 9, 1962, and ending on May 7,
1975,'' for ``during the Vietnam era''.
Subsec. (a)(4). Pub. L. 104-275, Sec. 505(b)(2), substituted
``during the period beginning on January 9, 1962, and ending on May 7,
1975'' for ``during the Vietnam era''.
1994--Subsec. (a)(1)(B). Pub. L. 103-446, Sec. 1201(e)(6),
substituted ``(i)'' for ``(1)'' and ``(ii)'' for ``(2)''.
Subsec. (a)(2)(D) to (G). Pub. L. 103-446, Sec. 505, added subpars.
(D) to (G).
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 316 of this
title as this section.
Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1110''
for ``310'' and ``1113'' for ``313'' in introductory provisions.


Effective Date of 2001 Amendment

Pub. L. 107-103, title II, Sec. 201(a)(1)(B), Dec. 27, 2001, 115
Stat. 987, provided that: ``The amendment made by subparagraph (A)
[amending this section] shall take effect January 1, 2002.''


Effective Date of 1996 Amendment

Amendment by Pub. L. 104-275 effective Jan. 1, 1997, with no benefit
to be paid or provided by reason of such amendment for any period before
such date, see section 505(d) of Pub. L. 104-275, set out as a note
under section 101 of this title.


Report on Time Limit for Presumption of Cancer Caused by Herbicide Agent

Pub. L. 107-103, title II, Sec. 201(a)(2)-(4), Dec. 27, 2001, 115
Stat. 987, provided that:
``(2) The Secretary of Veterans Affairs shall enter into a contract
with the National Academy of Sciences, not later than six months after
the date of the enactment of this Act [Dec. 27, 2001], for the
performance of a study to include a review of all available scientific
literature on the effects of exposure to an herbicide agent containing
dioxin on the development of respiratory cancers in humans and whether
it is possible to identify a period of time after exposure to herbicides
after which a presumption of service-connection for such exposure would
not be warranted. Under the contract, the National Academy of Sciences
shall submit a report to the Secretary setting forth its conclusions.
The report shall be submitted not later than 18 months after the
contract is entered into.
``(3) For a period of six months beginning on the date of the
receipt of the report of the National Academy of Sciences under
paragraph (2), the Secretary may, if warranted by clear scientific
evidence presented in the National Academy of Sciences report, initiate
a rulemaking under which the Secretary would specify a limit on the
number of years after a claimant's departure from Vietnam after which
respiratory cancers would not be presumed to have been associated with
the claimant's exposure to herbicides while serving in Vietnam. Any such
limit under such a rule may not take effect until 120 days have passed
after the publication of a final rule to impose such a limit.
``(4)(A) Subject to subparagraphs (B) and (C), if the Secretary
imposes such a limit under paragraph (3), that limit shall be effective
only as to claims filed on or after the effective date of that limit.
``(B) In the case of any veteran whose disability or death due to
respiratory cancer is found by the Secretary to be service-connected
under section 1116(a)(2)(F) of title 38, United States Code, as amended
by paragraph (1), such disability or death shall remain service-
connected for purposes of all provisions of law under such title
notwithstanding the imposition, if any, of a time limit by the Secretary
by rulemaking authorized under paragraph (3).
``(C) Subaragraph [sic] (B) does not apply in a case in which--
``(i) the original award of compensation or service connection
was based on fraud; or
``(ii) it is clearly shown from military records that the person
concerned did not have the requisite service or character of
discharge.''


Agreement With National Academy of Sciences

Section 3 of Pub. L. 102-4, as amended by Pub. L. 102-83,
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-86, title V,
Sec. 503(a), (b)(1), Aug. 14, 1991, 105 Stat. 424, 425; Pub. L. 107-103,
title II, Sec. 201(d)(2), Dec. 27, 2001, 115 Stat. 988, provided that:
``(a) Purpose.--The purpose of this section is to provide for the
National Academy of Sciences, an independent nonprofit scientific
organization with appropriate expertise which is not part of the Federal
Government, to review and evaluate the available scientific evidence
regarding associations between diseases and exposure to dioxin and other
chemical compounds in herbicides.
``(b) Agreement.--The Secretary shall seek to enter into an
agreement with the National Academy of Sciences for the Academy to
perform the services covered by this section. The Secretary shall seek
to enter into such agreement not later than two months after the date of
the enactment of the Veterans' Benefits Programs Improvement Act of 1991
[Aug. 14, 1991].
``(c) Review of Scientific Evidence.--Under an agreement between the
Secretary and the National Academy of Sciences under this section, the
Academy shall review and summarize the scientific evidence, and assess
the strength thereof, concerning the association between exposure to an
herbicide used in support of the United States and allied military
operations in the Republic of Vietnam during the Vietnam era and each
disease suspected to be associated with such exposure.
``(d) Scientific Determinations Concerning Diseases.--(1) For each
disease reviewed, the Academy shall determine (to the extent that
available scientific data permit meaningful determinations)--
``(A) whether a statistical association with herbicide exposure
exists, taking into account the strength of the scientific evidence
and the appropriateness of the statistical and epidemiological
methods used to detect the association;
``(B) the increased risk of the disease among those exposed to
herbicides during service in the Republic of Vietnam during the
Vietnam era; and
``(C) whether there exists a plausible biological mechanism or
other evidence of a causal relationship between herbicide exposure
and the disease.
``(2) The Academy shall include in its reports under subsection (g)
a full discussion of the scientific evidence and reasoning that led to
its conclusions under this subsection.
``(e) Recommendations for Additional Scientific Studies.--The
Academy shall make any recommendations it has for additional scientific
studies to resolve areas of continuing scientific uncertainty relating
to herbicide exposure. In making recommendations for further study, the
Academy shall consider the scientific information that is currently
available, the value and relevance of the information that could result
from additional studies, and the cost and feasibility of carrying out
such additional studies.
``(f) Subsequent Reviews.--An agreement under subsection (b) shall
require the National Academy of Sciences--
``(1) to conduct as comprehensive a review as is practicable of
the evidence referred to in subsection (c) that became available
since the last review of such evidence under this section; and
``(2) to make its determinations and estimates on the basis of
the results of such review and all other reviews conducted for the
purposes of this section.
``(g) Reports.--(1) The agreement between the Secretary and the
National Academy of Sciences shall require the Academy to transmit to
the Secretary and the Committees on Veterans' Affairs of the Senate and
House of Representatives periodic written reports regarding the
Academy's activities under the agreement. Such reports shall be
submitted at least once every two years (as measured from the date of
the first report).
``(2) The first report under this subsection shall be transmitted
not later than the end of the 18-month period beginning on the date of
the enactment of this Act [Feb. 6, 1991]. That report shall include (A)
the determinations and discussion referred to in subsection (d), (B) any
recommendations of the Academy under subsection (e), and (C) the
recommendation of the Academy as to whether the provisions of each of
sections 6 through 9 [set out below] should be implemented by the
Secretary. In making its recommendation with respect to each such
section, the Academy shall consider the scientific information that is
currently available, the value and relevance of the information that
could result from implementing that section, and the cost and
feasibility of implementing that section. If the Academy recommends that
the provisions of section 6 should be implemented, the Academy shall
also recommend the means by which clinical data referred to in that
section could be maintained in the most scientifically useful way.
``(h) Limitation on Authority.--The authority to enter into
agreements under this section shall be effective for a fiscal year to
the extent that appropriations are available.
``(i) Sunset.--This section shall cease to be effective on October
1, 2014.
``(j) Alternative Contract Scientific Organization.--If the
Secretary is unable within the time period prescribed in subsection (b)
to enter into an agreement with the National Academy of Sciences for the
purposes of this section on terms acceptable to the Secretary, the
Secretary shall seek to enter into an agreement for the purposes of this
section with another appropriate scientific organization that is not
part of the Government and operates as a not-for-profit entity and that
has expertise and objectivity comparable to that of the National Academy
of Sciences. If the Secretary enters into such an agreement with another
organization, then any reference in this section and in section 1116
[formerly 316] of title 38, United States Code (as added by section 2),
to the National Academy of Sciences shall be treated as a reference to
the other organization.
``(k) Liability Insurance.--(1) The Secretary may provide liability
insurance for the National Academy of Sciences or any other contract
scientific organization to cover any claim for money damages for injury,
loss of property, personal injury, or death caused by any negligent or
wrongful act or omission of any person referred to in paragraph (2) in
carrying out any of the following responsibilities of the Academy or
such other organization, as the case may be, under an agreement entered
into with the Secretary pursuant to this section:
``(A) The review, summarization, and assessment of scientific
evidence referred to in subsection (c).
``(B) The making of any determination, on the basis of such
review and assessment, regarding the matters set out in clauses (A)
through (C) of subsection (d)(1), and the preparation of the
discussion referred to in subsection (d)(2).
``(C) The making of any recommendation for additional scientific
study under subsection (e).
``(D) The conduct of any subsequent review referred to in
subsection (f) and the making of any determination or estimate
referred to in such subsection.
``(E) The preparation of the reports referred to in subsection
(g).
``(2) A person referred to in paragraph (1) is--
``(A) an employee of the National Academy of Sciences or other
contract scientific organization referred to in paragraph (1); or
``(B) any individual appointed by the President of the Academy
or the head of such other contract scientific organization, as the
case may be, to carry out any of the responsibilities referred to in
such paragraph.
``(3) The cost of the liability insurance referred to in paragraph
(1) shall be made from funds available to carry out this section.
``(4) The Secretary shall reimburse the Academy or person referred
to in paragraph (2) for the cost of any judgments (if any) and
reasonable attorney's fees and incidental expenses, not compensated by
the liability insurance referred to in paragraph (1) or by any other
insurance maintained by the Academy, incurred by the Academy or person
referred to in paragraph (2), in connection with any legal or
administrative proceedings arising out of or in connection with the work
to be performed under the agreement referred to in paragraph (1).
Reimbursement of the cost of such judgments, attorney's fees, and
incidental expenses shall be paid from funds appropriated for such
reimbursement or appropriated to carry out this section, but in no event
shall any such reimbursement be made from funds authorized pursuant to
section 1304 of title 31, United States Code.''


Results of Examinations and Treatment of Veterans for Disabilities
Related to Exposure to Certain Herbicides or to Service in Vietnam

Section 6 of Pub. L. 102-4, as amended by Pub. L. 102-83,
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
``(a) In General.--Subject to subsections (d) and (e), the Secretary
of Veterans Affairs shall compile and analyze, on a continuing basis,
all clinical data that (1) is obtained by the Department of Veterans
Affairs in connection with examinations and treatment furnished to
veterans by the Department after November 3, 1981, by reason of
eligibility provided in section 1710(e)(1)(A) of title 38, United States
Code, and (2) is likely to be scientifically useful in determining the
association, if any, between the disabilities of veterans referred to in
such section and exposure to dioxin or any other toxic substance
referred to in such section or between such disabilities and active
military, naval, or air service in the Republic of Vietnam during the
Vietnam era.
``(b) Annual Report.--The Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and the House of Representatives an
annual report containing--
``(1) the information compiled in accordance with subsection
(a);
``(2) the Secretary's analysis of such information;
``(3) a discussion of the types and incidences of disabilities
identified by the Department of Veterans Affairs in the case of
veterans referred to in subsection (a);
``(4) the Secretary's explanation for the incidence of such
disabilities;
``(5) other explanations for the incidence of such disabilities
considered reasonable by the Secretary; and
``(6) the Secretary's views on the scientific validity of
drawing conclusions from the incidence of such disabilities, as
evidenced by the data compiled under subsection (a), about any
association between such disabilities and exposure to dioxin or any
other toxic substance referred to in section 1710(e)(1)(A) of title
38, United States Code, or between such disabilities and active
military, naval, or air service, in the Republic of Vietnam during
the Vietnam era.
``(c) First Report.--The first report under subsection (b) shall be
submitted not later than one year after the effective date of this
section [see subsec. (e) of this section].
``(d) Funding.--The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in the
amount specifically provided in statutory language in appropriations
Acts.
``(e) Effective Date.--(1) This section shall take effect at the end
of the 90-day period beginning on the date on which the first report of
the National Academy of Sciences under section 3(g) [set out above] is
received by the Secretary, except that this section shall not take
effect if the Secretary, after receiving that report and before the end
of that 90-day period--
``(A) determines that it is not feasible or cost-effective to
carry out this section or that carrying out this section would not
make a material contribution to the body of scientific knowledge
concerning the health effects in humans of herbicide exposure; and
``(B) notifies the Committees on Veterans' Affairs of the Senate
and House of Representatives of the Secretary's determination and
the reasons therefor.
``(2) In making a determination under this subsection, the Secretary
shall give great weight to the views and recommendations of the Academy
expressed in that report with respect to the implementation of this
section.''


Tissue Archiving System

Section 7 of Pub. L. 102-4 provided that:
``(a) Establishment of System.--Subject to subsections (e) and (f),
for the purpose of facilitating future scientific research on the
effects of exposure of veterans to dioxin and other toxic agents in
herbicides used in support of United States and allied military
operations in the Republic of Vietnam during the Vietnam era, the
Secretary of Veterans Affairs shall establish and maintain a system for
the collection and storage of voluntarily contributed samples of blood
and tissue of veterans who performed active military, naval, or air
service in the Republic of Vietnam during the Vietnam era.
``(b) Security of Specimens.--The Secretary shall ensure that the
tissue is collected and stored under physically secure conditions and
that the tissue is maintained in a condition that is useful for research
referred to in subsection (a).
``(c) Authorized Use of Specimens.--The Secretary may make blood and
tissue available from the system for research referred to in subsection
(a). The Secretary shall carry out this section in a manner consistent
with the privacy rights and interests of the blood and tissue donors.
``(d) Limitations on Acceptance of Samples.--The Secretary may
prescribe such limitations on the acceptance and storage of blood and
tissue samples as the Secretary considers appropriate consistent with
the purpose specified in subsection (a).
``(e) Funding.--The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in the
amount specifically provided in statutory language in appropriations
Acts.
``(f) Effective Date.--(1) This section shall take effect at the end
of the 90-day period beginning on the date on which the first report of
the National Academy of Sciences under section 3(g) [set out above] is
received by the Secretary, except that this section shall not take
effect if the Secretary, after receiving that report and before the end
of that 90-day period--
``(A) determines that it is not feasible or cost-effective to
carry out this section or that carrying out this section would not
make a material contribution to the body of scientific knowledge
concerning the health effects in humans of herbicide exposure; and
``(B) notifies the Committees on Veterans' Affairs of the Senate
and House of Representatives of the Secretary's determination and
the reasons therefor.
``(2) In making a determination under this subsection, the Secretary
shall give great weight to the views and recommendations of the Academy
expressed in that report with respect to the implementation of this
section.''


Scientific Research Feasibility Studies Program

Section 8 of Pub. L. 102-4 provided that:
``(a) Establishment of Program.--Subject to subsections (e) and (f),
the Secretary of Veterans Affairs shall establish a program to provide
for the conduct of studies of the feasibility of conducting additional
scientific research on--
``(1) health hazards resulting from exposure to dioxin;
``(2) health hazards resulting from exposure to other toxic
agents in herbicides used in support of United States and allied
military operations in the Republic of Vietnam during the Vietnam
era; and
``(3) health hazards resulting from active military, naval, or
air service in the Republic of Vietnam during the Vietnam era.
``(b) Program Requirements.--(1) Under the program established
pursuant to subsection (a), the Secretary shall, pursuant to criteria
prescribed pursuant to paragraph (2), award contracts or furnish
financial assistance to non-Government entities for the conduct of
studies referred to in subsection (a).
``(2) The Secretary shall prescribe criteria for (A) the selection
of entities to be awarded contracts or to receive financial assistance
under the program, and (B) the approval of studies to be conducted under
such contracts or with such financial assistance.
``(c) Report.--The Secretary shall promptly report the results of
studies conducted under the program to the Committees on Veterans'
Affairs of the Senate and the House of Representatives.
``(d) Consultation With the National Academy of Sciences.--(1) To
the extent provided under any agreement entered into by the Secretary
and the National Academy of Sciences under this Act [Pub. L. 102-4, see
Short Title of 1991 Amendments note under section 101 of this title]--
``(A) the Secretary shall consult with the Academy regarding the
establishment and administration of the program under subsection
(a); and
``(B) the Academy shall review the studies conducted under
contracts awarded pursuant to the program and the studies conducted
with financial assistance furnished pursuant to the program.
``(2) The agreement shall require the Academy to submit to the
Secretary and the Committees on Veterans' Affairs of the Senate and the
House of Representatives any recommendations that the Academy considers
appropriate regarding any studies reviewed under the agreement.
``(e) Funding.--The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in the
amount specifically provided in statutory language in appropriations
Acts.
``(f) Effective Date.--(1) This section shall take effect at the end
of the 90-day period beginning on the date on which the first report of
the National Academy of Sciences under section 3(g) [set out above] is
received by the Secretary, except that this section shall not take
effect if the Secretary, after receiving that report and before the end
of that 90-day period--
``(A) determines that it is not feasible or cost-effective to
carry out this section or that carrying out this section would not
make a material contribution to the body of scientific knowledge
concerning the health effects in humans of herbicide exposure; and
``(B) notifies the Committees on Veterans' Affairs of the Senate
and House of Representatives of the Secretary's determination and
the reasons therefor.
``(2) In making a determination under this subsection, the Secretary
shall give great weight to the views and recommendations of the Academy
expressed in that report with respect to the implementation of this
section.''


Blood Testing of Certain Vietnam-Era Veterans

Section 9 of Pub. L. 102-4, as amended by Pub. L. 102-83,
Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:
``(a) Blood Testing.--Subject to subsections (d) and (e), in the
case of a veteran described in section 1710(e)(1)(A) of title 38, United
States Code, who--
``(1) has applied for medical care from the Department of
Veterans Affairs; or
``(2) has filed a claim for, or is in receipt of disability
compensation under chapter 11 of title 38, United States Code,
the Secretary of Veterans Affairs shall, upon the veteran's request,
obtain a sufficient amount of blood serum from the veteran to enable the
Secretary to conduct a test of the serum to ascertain the level of
2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) which may be present in the
veteran's body.
``(b) Notification of Test Results.--Upon completion of such test,
the Secretary shall notify the veteran of the test results and provide
the veteran a complete explanation as to what, if anything, the results
of the test indicate regarding the likelihood of the veteran's exposure
to TCDD while serving in the Republic of Vietnam.
``(c) Incorporation in System.--The Secretary shall maintain the
veteran's blood sample and the results of the test as part of the system
required by section 7 [set out above].
``(d) Funding.--The authority of the Secretary to carry out this
section is effective in any fiscal year only to the extent or in the
amount specifically provided in statutory language in appropriations
Acts, but such amount shall not exceed $4,000,000 in any fiscal year.
``(e) Effective Date.--(1) This section shall take effect at the end
of the 90-day period beginning on the date on which the first report of
the National Academy of Sciences under section 3(g) [set out above] is
received by the Secretary, except that this section shall not take
effect if the Secretary, after receiving that report and before the end
of that 90-day period--
``(A) determines that it is not feasible or cost-effective to
carry out this section or that carrying out this section would not
make a material contribution to the body of scientific knowledge
concerning the health effects in humans of herbicide exposure; and
``(B) notifies the Committees on Veterans' Affairs of the Senate
and House of Representatives of the Secretary's determination and
the reasons therefor.
``(2) In making a determination under this subsection, the Secretary
shall give great weight to the views and recommendations of the Academy
expressed in that report with respect to the implementation of this
section.''


Study of Effect of Vietnam Experience on Health Status of Women Vietnam
Veterans

Pub. L. 99-272, title XIX, Sec. 19031, Apr. 7, 1986, 100 Stat. 385,
provided that:
``(a) Requirement for Epidemiological Study.--(1)(A) Except as
provided in paragraph (2), the Administrator of Veterans' Affairs shall
provide for the conduct of an epidemiological study of any long-term
adverse health effects (particularly gender-specific health effects)
which have been experienced by women who served in the Armed Forces of
the United States in the Republic of Vietnam during the Vietnam era and
which may have resulted from traumatic experiences during such service,
from exposure during such service to phenoxy herbicides (including the
herbicide known as Agent Orange), to other herbicides, chemicals, or
medications that may have deleterious health effects, or to
environmental hazards, or from any other experience or exposure during
such service.
``(B) The Administrator may include in the study conducted under
this paragraph an evaluation of the means of detecting and treating
long-term adverse health effects (particularly gender-specific health
effects) found through the study.
``(2)(A) If the Administrator, in consultation with the Director of
the Office of Technology Assessment, determines that it is not feasible
to conduct a scientifically valid study of an aspect of the matters
described in paragraph (1)--
``(i) the Administrator shall promptly submit to the appropriate
committees of the Congress a notice of that determination and the
reasons for the determination; and
``(ii) the Director, not later than 60 days after the date on
which such notice is submitted to the committees, shall submit to
such committees a report evaluating and commenting on such
determination.
``(B) The Administrator is not required to study any aspect of the
matters described in paragraph (1) with respect to which a determination
is made and a notice is submitted pursuant to subparagraph (A)(i).
``(C) If the Administrator submits to the Congress notice of a
determination made pursuant to subparagraph (A) that it is not
scientifically feasible to conduct the study described in paragraph
(1)(A), this section (effective as of the date of such notice) shall
cease to have effect as if repealed by law.
``(3) The Administrator shall provide for the study to be conducted
through contracts or other agreements with private or public agencies or
persons.
``(b) Approval of Protocol.--(1) The study required by subsection
(a) shall be conducted in accordance with a protocol approved by the
Director of the Office of Technology Assessment.
``(2) Not later than July 1, 1986, the Administrator shall publish a
request for proposals for the design of the protocol to be used in
conducting the study under this section.
``(3) In considering any proposed protocol for use or approval under
this subsection, the Administrator and the Director shall take into
consideration--
``(A) the protocol approved under section 307(a)(2)(A)(i) of the
Veterans Health Programs Extension and Improvement Act of 1979
(Public Law 96-151; 38 U.S.C. 219 note [1116 note]); and
``(B) the experience under the study being conducted pursuant to
that protocol.
``(c) OTA Reports.--(1) Concurrent with the approval or disapproval
of any protocol under subsection (b)(1), the Director shall submit to
the appropriate committees of the Congress a report--
``(A) explaining the reasons for the Director's approval or
disapproval of the protocol, as the case may be; and
``(B) containing the Director's conclusions regarding the
scientific validity and objectivity of the protocol.
``(2) If the Director has not approved a protocol under subsection
(b)(1) by the last day of the 180-day period beginning on the date of
the enactment of this Act [Apr. 7, 1986], the Director--
``(A) shall, on such day, submit to the appropriate committees
of the Congress a report describing the reasons why the Director has
not approved such a protocol; and
``(B) shall, each 60 days thereafter until such a protocol is
approved, submit to such committees an updated report on the report
required by clause (A).
``(d) OTA Monitoring of Compliance.--(1) In order to ensure
compliance with the protocol approved under subsection (b)(1), the
Director shall monitor the conduct of the study under subsection (a).
``(2)(A) The Director shall submit to the appropriate committees of
the Congress, at each of the times specified in subparagraph (B), a
report on the Director's monitoring of the conduct of the study pursuant
to paragraph (1).
``(B) A report shall be submitted under subparagraph (A)--
``(i) before the end of the 6-month period beginning on the date
on which the Director approves the protocol referred to in paragraph
(1);
``(ii) before the end of the 12-month period beginning on such
date; and
``(iii) annually thereafter until the study is completed or
terminated.
``(e) Duration of Study.--The study conducted pursuant to subsection
(a) shall be continued for as long after the date on which the first
report is submitted under subsection (f)(1) as the Administrator
determines that there is a reasonable possibility of developing, through
such study, significant new information on the health effects described
in subsection (a)(1).
``(f) Reports.--(1) Not later than 24 months after the date of the
approval of the protocol pursuant to subsection (b)(1) and annually
thereafter, the Administrator shall submit to the appropriate committees
of the Congress a report containing--
``(A) a description of the results obtained, before the date of
such report, under the study conducted pursuant to subsection (a);
and
``(B) any administrative actions or recommended legislation, or
both, and any additional comments which the Administrator considers
appropriate in light of such results.
``(2) Not later than 90 days after the date on which each report
required by paragraph (1) is submitted, the Administrator shall publish
in the Federal Register, for public review and comment, a description of
any action that the Administrator plans or proposes to take with respect
to programs administered by the Veterans' Administration based on--
``(A) the results described in such report;
``(B) the comments and recommendations received on that report;
and
``(C) any other available pertinent information.
Each such description shall include a justification or rationale for the
planned or proposed action.
``(g) Definitions.--For the purposes of this section:
``(1) The term `gender-specific health effects' includes--
``(A) effects on female reproductive capacity and
reproductive organs;
``(B) effects on reproductive outcomes;
``(C) effects on female-specific organs and tissues; and
``(D) other effects unique to the physiology of females.
``(2) The term `Vietnam era' has the meaning given such term in
section 101(29) of title 38, United States Code.''


Agent Orange Study; Report to Congressional Committees

Pub. L. 96-151, title III, Sec. 307, Dec. 20, 1979, 93 Stat. 1097,
as amended by Pub. L. 97-72, title IV, Sec. 401, Nov. 3, 1981, 95 Stat.
1061; Pub. L. 98-542, Sec. 8(a), Oct. 24, 1984, 98 Stat. 2731, directed
that a protocol be designed for an epidemiological study of the long-
term health effects of Agent Orange on Armed Forces personnel who served
in Vietnam, and that reports be submitted to Congress describing results
with comments and recommendations.

Section Referred to in Other Sections

This section is referred to in sections 1103, 1113 of this title.





sgtgoose1
Moderator posted April 02, 2005 14:06
--------------------------------------------------------------------------------
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 38USC1117]


TITLE 38--VETERANS' BENEFITS

PART II--GENERAL BENEFITS

CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II--WARTIME DISABILITY COMPENSATION

Sec. 1117. Compensation for disabilities occurring in Persian
Gulf War veterans

(a)(1) The Secretary may pay compensation under this subchapter to a
Persian Gulf veteran with a qualifying chronic disability that became
manifest--
(A) during service on active duty in the Armed Forces in the
Southwest Asia theater of operations during the Persian Gulf War; or
(B) to a degree of 10 percent or more during the presumptive
period prescribed under subsection (b).

(2) For purposes of this subsection, the term ``qualifying chronic
disability'' means a chronic disability resulting from any of the
following (or any combination of any of the following):
(A) An undiagnosed illness.
(B) A medically unexplained chronic multisymptom illness (such
as chronic fatigue syndrome, fibromyalgia, and irritable bowel
syndrome) that is defined by a cluster of signs or symptoms.
(C) Any diagnosed illness that the Secretary determines in
regulations prescribed under subsection (d) warrants a presumption
of service-connection.

(b) The Secretary shall prescribe by regulation the period of time
following service in the Southwest Asia theater of operations during the
Persian Gulf War that the Secretary determines is appropriate for
presumption of service connection for purposes of this section. The
Secretary's determination of such period of time shall be made following
a review of any available credible medical or scientific evidence and
the historical treatment afforded disabilities for which manifestation
periods have been established and shall take into account other
pertinent circumstances regarding the experiences of veterans of the
Persian Gulf War.
(c)(1) Whenever the Secretary determines under section 1118(c) of
this title that a presumption of service connection previously
established under this section is no longer warranted--
(A) a veteran who was awarded compensation under this section on
the basis of the presumption shall continue to be entitled to
receive compensation under this section on that basis; and
(B) a survivor of a veteran who was awarded dependency and
indemnity compensation for the death of a veteran resulting from the
disease on the basis of the presumption before that date shall
continue to be entitled to receive dependency and indemnity
compensation on that basis.

(2) This subsection shall cease to be effective on September 30,
2011.
(d)(1) The Secretary shall prescribe regulations to carry out this
section.
(2) Those regulations shall include the following:
(A) A description of the period and geographical area or areas
of military service in connection with which compensation under this
section may be paid.
(B) A description of the illnesses for which compensation under
this section may be paid.
(C) A description of any relevant medical characteristic (such
as a latency period) associated with each such illness.

(e) A disability for which compensation under this subchapter is
payable shall be considered to be service connected for purposes of all
other laws of the United States.
(f) For purposes of this section, the term ``Persian Gulf veteran''
means a veteran who served on active duty in the Armed Forces in the
Southwest Asia theater of operations during the Persian Gulf War.
(g) For purposes of this section, signs or symptoms that may be a
manifestation of an undiagnosed illness or a chronic multisymptom
illness include the following:
(1) Fatigue.
(2) Unexplained rashes or other dermatological signs or
symptoms.
(3) Headache.
(4) Muscle pain.
(5) Joint pain.
(6) Neurological signs and symptoms.
(7) Neuropsychological signs or symptoms.
(8) Signs or symptoms involving the upper or lower respiratory
system.
(9) Sleep disturbances.
(10) Gastrointestinal signs or symptoms.
(11) Cardiovascular signs or symptoms.
(12) Abnormal weight loss.
(13) Menstrual disorders.

(h)(1) If the Secretary determines with respect to a medical
research project sponsored by the Department that it is necessary for
the conduct of the project that Persian Gulf veterans in receipt of
compensation under this section or section 1118 of this title
participate in the project without the possibility of loss of service
connection under either such section, the Secretary shall provide that
service connection granted under either such section for disability of a
veteran who participated in the research project may not be terminated.
Except as provided in paragraph (2), nothwithstanding \1\ any other
provision of law any grant of service-connection protected under this
subsection shall remain service-connected for purposes of all provisions
of law under this title.
---------------------------------------------------------------------------
\1\ So in original. Probably should be ``notwithstanding''.
---------------------------------------------------------------------------
(2) Paragraph (1) does not apply in a case in which--
(A) the original award of compensation or service connection was
based on fraud; or
(B) it is clearly shown from military records that the person
concerned did not have the requisite service or character of
discharge.

(3) The Secretary shall publish in the Federal Register a list of
medical research projects sponsored by the Department for which service
connection granted under this section or section 1118 of this title may
not be terminated pursuant to paragraph (1).

(Added Pub. L. 103-446, title I, Sec. 106(a)(1), Nov. 2, 1994, 108 Stat.
4650; amended Pub. L. 105-277, div. C, title XVI, Sec. 1602(c), Oct. 21,
1998, 112 Stat. 2681-744; Pub. L. 107-103, title II, Secs. 202(a),
(b)(1), (d)(1), 203(a), Dec. 27, 2001, 115 Stat. 988, 989.)


Amendments

2001--Subsec. (a). Pub. L. 107-103, Sec. 202(a)(1), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ``The
Secretary may pay compensation under this subchapter to any Persian Gulf
veteran suffering from a chronic disability resulting from an
undiagnosed illness (or combination of undiagnosed illnesses) that--
``(1) became manifest during service on active duty in the Armed
Forces in the Southwest Asia theater of operations during the
Persian Gulf War; or
``(2) became manifest to a degree of 10 percent or more within
the presumptive period prescribed under subsection (b).''
Subsec. (c)(1). Pub. L. 107-103, Sec. 202(a)(2)(A), struck out ``for
an undiagnosed illness (or combination of undiagnosed illnesses)'' after
``service connection'' in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 107-103, Sec. 202(a)(2)(B), struck out
``for such illness (or combination of illnesses)'' after ``awarded
compensation under this section''.
Subsec. (c)(2). Pub. L. 107-103, Sec. 202(d)(1), substituted ``on
September 30, 2011'' for ``10 years after the first day of the fiscal
year in which the National Academy of Sciences submits to the Secretary
the first report under section 1603 of the Persian Gulf War Veterans Act
of 1998''.
Subsec. (g). Pub. L. 107-103, Sec. 202(b)(1), added subsec. (g).
Subsec. (h). Pub. L. 107-103, Sec. 203(a), added subsec. (h).
1998--Subsecs. (c) to (f). Pub. L. 105-277 added subsec. (c) and
redesignated former subsecs. (c) to (e) as (d) to (f), respectively.


Effective Date of 2001 Amendment

Pub. L. 107-103, title II, Sec. 202(c), Dec. 27, 2001, 115 Stat.
989, provided that: ``The amendments made by subsections (a) and (b)
[amending this section and section 1118 of this title] shall take effect
on March 1, 2002.''
Pub. L. 107-103, title II, Sec. 203(b), Dec. 27, 2001, 115 Stat.
990, provided that: ``The authority provided by subsection (h) of
section 1117 of title 38, United States Code, as added by subsection
(a), may be used by the Secretary of Veterans Affairs with respect to
any medical research project of the Department of Veterans Affairs,
whether commenced before, on, or after the date of the enactment of this
Act [Dec. 27, 2001].''


Regulations

Section 106(d) of Pub. L. 103-446 provided that: ``If the Secretary
states in the report under subsection (c) [set out below] that the
Secretary intends to pay compensation as provided in section 1117 of
title 38, United States Code, as added by subsection (a), the Secretary
shall, not later than 30 days after the date on which such report is
submitted, publish in the Federal Register proposed regulations under
subsections (b) and (c) of that section.''


Improving Effectiveness of Care of Persian Gulf War Veterans

Pub. L. 105-368, title I, Sec. 105, Nov. 11, 1998, 112 Stat. 3324,
provided that:
``(a) Assessment by National Academy of Sciences.--Not later than
April 1, 1999, the Secretary of Veterans Affairs shall enter into a
contract with the National Academy of Sciences to review the available
scientific data in order to--
``(1) assess whether a methodology could be used by the
Department of Veterans Affairs for determining the efficacy of
treatments furnished to, and health outcomes (including functional
status) of, Persian Gulf War veterans who have been treated for
illnesses which may be associated with their service in the Persian
Gulf War; and
``(2) identify, to the extent feasible, with respect to each
undiagnosed illness prevalent among such veterans and for any other
chronic illness that the Academy determines to warrant such review,
empirically valid models of treatment for such illness which employ
successful treatment modalities for populations with similar
symptoms.
``(b) Action on Report.--(1) After receiving the final report of the
National Academy of Sciences under subsection (a), the Secretary shall,
if a reasonable and scientifically feasible methodology is identified by
the Academy, develop an appropriate mechanism to monitor and study the
effectiveness of treatments furnished to, and health outcomes of,
Persian Gulf War veterans who suffer from diagnosed and undiagnosed
illnesses which may be associated with their service in the Persian Gulf
War.
``(2) The Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
implementation of paragraph (1).
``(3) The Secretary shall carry out paragraphs (1) and (2) not later
than 180 days after receiving the final report of the National Academy
of Sciences under subsection (a).''


Agreement With National Academy of Sciences Regarding Toxic Drugs and
Illnesses Associated With Gulf War

Pub. L. 105-277, div. C, title XVI, Sec. 1603-1605, Oct. 21, 1998,
112 Stat. 2681-745 to 2681-748, as amended by Pub. L. 107-103, title II,
Sec. 202(d)(2), Dec. 27, 2001, 115 Stat. 989, provided that:
``SEC. 1603. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.
``(a) Purpose.--The purpose of this section is to provide for the
National Academy of Sciences, an independent nonprofit scientific
organization with appropriate expertise, to review and evaluate the
available scientific evidence regarding associations between illnesses
and exposure to toxic agents, environmental or wartime hazards, or
preventive medicines or vaccines associated with Gulf War service.
``(b) Agreement.--The Secretary of Veterans Affairs shall seek to
enter into an agreement with the National Academy of Sciences for the
Academy to perform the activities covered by this section. The Secretary
shall seek to enter into the agreement not later than two months after
the date of enactment of this Act [Oct. 21, 1998].
``(c) Identification of Agents and Illnesses.--(1) Under the
agreement under subsection (b), the National Academy of Sciences shall--
``(A) identify the biological, chemical, or other toxic agents,
environmental or wartime hazards, or preventive medicines or
vaccines to which members of the Armed Forces who served in the
Southwest Asia theater of operations during the Persian Gulf War may
have been exposed by reason of such service; and
``(B) identify the illnesses (including diagnosed illnesses and
undiagnosed illnesses) that are manifest in such members.
``(2) In identifying illnesses under paragraph (1)(B), the Academy
shall review and summarize the relevant scientific evidence regarding
illnesses among the members described in paragraph (1)(A) and among
other appropriate populations of individuals, including mortality,
symptoms, and adverse reproductive health outcomes among such members
and individuals.
``(d) Initial Consideration of Specific Agents.--(1) In identifying
under subsection (c) the agents, hazards, or preventive medicines or
vaccines to which members of the Armed Forces may have been exposed for
purposes of the first report under subsection (i), the National Academy
of Sciences shall consider, within the first six months after the date
of enactment of this Act [Oct. 21, 1998], the following:
``(A) The following organophosphorous pesticides:
``(i) Chlorpyrifos.
``(ii) Diazinon.
``(iii) Dichlorvos.
``(iv) Malathion.
``(B) The following carbamate pesticides:
``(i) Proxpur.
``(ii) Carbaryl.
``(iii) Methomyl.
``(C) The carbamate pyridostigmine bromide used as nerve agent
prophylaxis.
``(D) The following chlorinated hydrocarbon and other pesticides
and repellents:
``(i) Lindane.
``(ii) Pyrethrins.
``(iii) Permethrins.
``(iv) Rodenticides (bait).
``(v) Repellent (DEET).
``(E) The following low-level nerve agents and precursor
compounds at exposure levels below those which produce immediately
apparent incapacitating symptoms:
``(i) Sarin.
``(ii) Tabun.
``(F) The following synthetic chemical compounds:
``(i) Mustard agents at levels below those which cause
immediate blistering.
``(ii) Volatile organic compounds.
``(iii) Hydrazine.
``(iv) Red fuming nitric acid.
``(v) Solvents.
``(vi) Uranium.
``(G) The following ionizing radiation:
``(i) Depleted uranium.
``(ii) Microwave radiation.
``(iii) Radio frequency radiation.
``(H) The following environmental particulates and pollutants:
``(i) Hydrogen sulfide.
``(ii) Oil fire byproducts.
``(iii) Diesel heater fumes.
``(iv) Sand micro-particles.
``(I) Diseases endemic to the region (including the following):
``(i) Leishmaniasis.
``(ii) Sandfly fever.
``(iii) Pathogenic escherechia coli.
``(iv) Shigellosis.
``(J) Time compressed administration of multiple live,
`attenuated', and toxoid vaccines.
``(2) The consideration of agents, hazards, and medicines and
vaccines under paragraph (1) shall not preclude the Academy from
identifying other agents, hazards, or medicines or vaccines to which
members of the Armed Forces may have been exposed for purposes of any
report under subsection (i).
``(3) Not later than six months after the date of enactment of this
Act [Oct. 21, 1998], the Academy shall submit to the designated
congressional committees a report specifying the agents, hazards, and
medicines and vaccines considered under paragraph (1).
``(e) Determinations of Associations Between Agents and Illnesses.--
(1) For each agent, hazard, or medicine or vaccine and illness
identified under subsection (c), the National Academy of Sciences shall
determine, to the extent that available scientific data permit
meaningful determinations--
``(A) whether a statistical association exists between exposure
to the agent, hazard, or medicine or vaccine and the illness, taking
into account the strength of the scientific evidence and the
appropriateness of the scientific methodology used to detect the
association;
``(B) the increased risk of the illness among human or animal
populations exposed to the agent, hazard, or medicine or vaccine;
and
``(C) whether a plausible biological mechanism or other evidence
of a causal relationship exists between exposure to the agent,
hazard, or medicine or vaccine and the illness.
``(2) The Academy shall include in its reports under subsection (i)
a full discussion of the scientific evidence and reasoning that led to
its conclusions under this subsection.
``(f) Review of Potential Treatment Models for Certain Illnesses.--
Under the agreement under subsection (b), the National Academy of
Sciences shall separately review, for each chronic undiagnosed illness
identified under subsection (c)(1)(B) and for any other chronic illness
that the Academy determines to warrant such review, the available
scientific data in order to identify empirically valid models of
treatment for such illnesses which employ successful treatment
modalities for populations with similar symptoms.
``(g) Recommendations for Additional Scientific Studies.--(1) Under
the agreement under subsection (b), the National Academy of Sciences
shall make any recommendations that it considers appropriate for
additional scientific studies (including studies relating to treatment
models) to resolve areas of continuing scientific uncertainty relating
to the health consequences of exposure to toxic agents, environmental or
wartime hazards, or preventive medicines or vaccines associated with
Gulf War service.
``(2) In making recommendations for additional studies, the Academy
shall consider the available scientific data, the value and relevance of
the information that could result from such studies, and the cost and
feasibility of carrying out such studies.
``(h) Subsequent Reviews.--(1) Under the agreement under subsection
(b), the National Academy of Sciences shall conduct on a periodic and
ongoing basis additional reviews of the evidence and data relating to
its activities under this section.
``(2) As part of each review under this subsection, the Academy
shall--
``(A) conduct as comprehensive a review as is practicable of the
evidence referred to in subsection (c) and the data referred to in
subsections (e), (f), and (g) that became available since the last
review of such evidence and data under this section; and
``(B) make determinations under the subsections referred to in
subparagraph (A) on the basis of the results of such review and all
other reviews previously conducted for purposes of this section.
``(i) Reports.--(1) Under the agreement under subsection (b), the
National Academy of Sciences shall submit to the committees and
officials referred to in paragraph (5) periodic written reports
regarding the Academy's activities under the agreement.
``(2) The first report under paragraph (1) shall be submitted not
later than 18 months after the date of enactment of this Act [Oct. 21,
1998]. That report shall include--
``(A) the determinations and discussion referred to in
subsection (e);
``(B) the results of the review of models of treatment under
subsection (f); and
``(C) any recommendations of the Academy under subsection (g).
``(3) Reports shall be submitted under this subsection at least once
every two years, as measured from the date of the report under paragraph
(2).
``(4) In any report under this subsection (other than the report
under paragraph (2)), the Academy may specify an absence of meaningful
developments in the scientific or medical community with respect to the
activities of the Academy under this section during the 2-year period
ending on the date of such report.
``(5) Reports under this subsection shall be submitted to the
following:
``(A) The designated congressional committees.
``(B) The Secretary of Veterans Affairs.
``(C) The Secretary of Defense.
``(j) Sunset.--This section shall cease to be effective on October
1, 2010.
``(k) Alternative Contract Scientific Organization.--(1) If the
Secretary is unable within the time period set forth in subsection (b)
to enter into an agreement with the National Academy of Sciences for the
purposes of this section on terms acceptable to the Secretary, the
Secretary shall seek to enter into an agreement for purposes of this
section with another appropriate scientific organization that is not
part of the Government, operates as a not-for-profit entity, and has
expertise and objectivity comparable to that of the National Academy of
Sciences.
``(2) If the Secretary enters into an agreement with another
organization under this subsection, any reference in this section and
section 1118 of title 38, United States Code (as added by section
1602(a)), to the National Academy of Sciences shall be treated as a
reference to such other organization.
``SEC. 1604. REPEAL OF INCONSISTENT PROVISIONS OF LAW.
``In the event of the enactment, before, on, or after the date of
the enactment of this Act [Oct. 21, 1998], of section 101 of the
Veterans Programs Enhancement Act of 1998 [Pub. L. 105-368, 112 Stat.
3317], or any similar provision of law enacted during the second session
of the 105th Congress requiring an agreement with the National Academy
of Sciences regarding an evaluation of health consequences of service in
Southwest Asia during the Persian Gulf War, such section 101 (or other
provision of law) shall be treated as if never enacted, and shall have
no force or effect.
``SEC. 1605. DEFINITIONS.
``In this title [enacting section 1118 of this title, amending this
section and section 1113 of this title, and enacting this note and
provisions set out as a note under section 101 of this title]:
``(1) The term `toxic agent, environmental or wartime hazard, or
preventive medicine or vaccine associated with Gulf War service'
means a biological, chemical, or other toxic agent, environmental or
wartime hazard, or preventive medicine or vaccine that is known or
presumed to be associated with service in the Armed Forces in the
Southwest Asia theater of operations during the Persian Gulf War,
whether such association arises as a result of single, repeated, or
sustained exposure and whether such association arises through
exposure singularly or in combination.
``(2) The term `designated congressional committees' means the
following:
``(A) The Committees on Veterans' Affairs and Armed Services
of the Senate.
``(B) The Committees on Veterans' Affairs and National
Security [now Armed Services] of the House of Representatives.
``(3) The term `Persian Gulf War' has the meaning given that
term in section 101(33) of title 38, United States Code.''
[Pub. L. 105-368, title I, Sec. 101, Nov. 11, 1998, 112 Stat. 3317,
enacted provisions similar to those in sections 1603 and 1605 of Pub. L.
105-277, set out above. See section 1604 of Pub. L. 105-277, set out
above.]


Persian Gulf War Veterans' Benefits

Sections 102 to 105, 107, 109, and 110 of title I of Pub. L. 103-
446, as amended by Pub. L. 104-262, title III, Sec. 352(a), Oct. 9,
1996, 110 Stat. 3210; Pub. L. 105-368, title I, Sec. 107, Nov. 11, 1998,
112 Stat. 3325; Pub. L. 106-117, title II, Sec. 205(b), (c), Nov. 30,
1999, 113 Stat. 1563, provided that:
``SEC. 102. FINDINGS.
``The Congress makes the following findings:
``(1) During the Persian Gulf War, members of the Armed Forces
were exposed to numerous potentially toxic substances, including
fumes and smoke from military operations, oil well fires, diesel
exhaust, paints, pesticides, depleted uranium, infectious agents,
investigational drugs and vaccines, and indigenous diseases, and
were also given multiple immunizations. It is not known whether
these servicemembers were exposed to chemical or biological warfare
agents. However, threats of enemy use of chemical and biological
warfare heightened the psychological stress associated with the
military operation.
``(2) Significant numbers of veterans of the Persian Gulf War
are suffering from illnesses, or are exhibiting symptoms of illness,
that cannot now be diagnosed or clearly defined. As a result, many
of these conditions or illnesses are not considered to be service
connected under current law for purposes of benefits administered by
the Department of Veterans Affairs.
``(3) The National Institutes of Health Technology Assessment
Workshop on the Persian Gulf Experience and Health, held in April
1994, concluded that the complex biological, chemical, physical, and
psychological environment of the Southwest Asia theater of
operations produced complex adverse health effects in Persian Gulf
War veterans and that no single disease entity or syndrome is
apparent. Rather, it may be that the illnesses suffered by those
veterans result from multiple illnesses with overlapping symptoms
and causes that have yet to be defined.
``(4) That workshop concluded that the information concerning
the range and intensity of exposure to toxic substances by military
personnel in the Southwest Asia theater of operations is very
limited and that such information was collected only after a
considerable delay.
``(5) In response to concerns regarding the health-care needs of
Persian Gulf War veterans, particularly those who suffer from
illnesses or conditions for which no diagnosis has been made, the
Congress, in Public Law 102-585 [see Short Title of 1992 Amendments
note under section 101 of this title], directed the establishment of
a Persian Gulf War Veterans Health Registry, authorized health
examinations for veterans of the Persian Gulf War, and provided for
the National Academy of Sciences to conduct a comprehensive review
and assessment of information regarding the health consequences of
military service in the Persian Gulf theater of operations and to
develop recommendations on avenues for research regarding such
health consequences. In Public Law 103-210 [see Tables for
classification], the Congress authorized the Department of Veterans
Affairs to provide health care services on a priority basis to
Persian Gulf War veterans. The Congress also provided in Public Law
103-160 (the National Defense Authorization Act for Fiscal Year
1994) [see Tables for classification] for the establishment of a
specialized environmental medical facility for the conduct of
research into the possible health effects of exposure to low levels
of hazardous chemicals, especially among Persian Gulf veterans, and
for research into the possible health effects of battlefield
exposure in such veterans to depleted uranium.
``(6) In response to concerns about the lack of objective
research on Gulf War illnesses, Congress included research
provisions in the National Defense Authorization Act for Fiscal Year
1995 [Pub. L. 103-337, see Tables for classification], which was
passed by the House and Senate in September 1994. This legislation
requires the Secretary of Defense to provide research grants to non-
Federal researchers to support three types of studies of the Gulf
War syndrome. The first type of study will be an epidemiological
study or studies of the incidence, prevalence, and nature of the
illness and symptoms and the risk factors associated with symptoms
or illnesses. This will include illnesses among spouses and birth
defects and illnesses among offspring born before and after the Gulf
War. The second group of studies shall be conducted to determine the
health consequences of the use of pyridostigmine bromide as a
pretreatment antidote enhancer during the Persian Gulf War, alone or
in combination with exposure to pesticides, environmental toxins,
and other hazardous substances. The final group of studies shall
include clinical research and other studies on the causes, possible
transmission, and treatment of Gulf War syndrome, and will include
studies of veterans and their spouses and children.
``(7) Further research and studies must be undertaken to
determine the underlying causes of the illnesses suffered by Persian
Gulf War veterans and, pending the outcome of such research,
veterans who are seriously ill as the result of such illnesses
should be given the benefit of the doubt and be provided
compensation benefits to offset the impairment in earnings
capacities they may be experiencing.
``SEC. 103. PURPOSES.
``The purposes of this title [see Short Title of 1994 Amendments
note under section 101 of this title] are--
``(1) to provide compensation to Persian Gulf War veterans who
suffer disabilities resulting from illnesses that cannot now be
diagnosed or defined, and for which other causes cannot be
identified;
``(2) to require the Secretary of Veterans Affairs to develop at
the earliest possible date case assessment strategies and
definitions or diagnoses of such illnesses;
``(3) to promote greater outreach to Persian Gulf War veterans
and their families to inform them of ongoing research activities, as
well as the services and benefits to which they are currently
entitled; and
``(4) to ensure that research activities and accompanying
surveys of Persian Gulf War veterans are appropriately funded and
undertaken by the Department of Veterans Affairs.
``SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PROTOCOL.
``(a) Uniform Medical Evaluation Protocol.--(1) The Secretary of
Veterans Affairs shall develop and implement a uniform and comprehensive
medical evaluation protocol that will ensure appropriate medical
assessment, diagnosis, and treatment of Persian Gulf War veterans who
are suffering from illnesses the origins of which are (as of the date of
the enactment of this Act [Nov. 2, 1994]) unknown and that may be
attributable to service in the Southwest Asia theater of operations
during the Persian Gulf War. The protocol shall include an evaluation of
complaints relating to illnesses involving the reproductive system.
``(2) If such a protocol is not implemented before the end of the
120-day period beginning on the date of the enactment of this Act [Nov.
2, 1994], the Secretary shall, before the end of such period, submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report as to why such a protocol has not yet been
developed.
``(3)(A) The Secretary shall ensure that the evaluation under the
protocol developed under this section is available at all Department
medical centers that have the capability of providing the medical
assessment, diagnosis, and treatment required under the protocol.
``(B) The Secretary may enter into contracts with non-Department
medical facilities for the provision of the evaluation under the
protocol.
``(C) In the case of a veteran whose residence is distant from a
medical center described in subparagraph (A), the Secretary may provide
the evaluation through a Department medical center described in that
subparagraph and, in such a case, may provide the veteran the travel and
incidental expenses therefor pursuant to the provisions of section 111
of title 38, United States Code.
``(4)(A) If the Secretary is unable to diagnose the symptoms or
illness of a veteran provided an evaluation, or if the symptoms or
illness of a veteran do not respond to treatment provided by the
Secretary, the Secretary may use the authority in section 1703 of title
38, United States Code, in order to provide for the veteran to receive
diagnostic tests or treatment at a non-Department medical facility that
may have the capability of diagnosing or treating the symptoms or
illness of the veteran. The Secretary may provide the veteran the travel
and incidental expenses therefor pursuant to the provisions of section
111 of title 38, United States Code.
``(B) The Secretary shall request from each non-Department medical
facility that examines or treats a veteran under this paragraph such
information relating to the diagnosis or treatment as the Secretary
considers appropriate.
``(5) In each year after the implementation of the protocol, the
Secretary shall enter into an agreement with the National Academy of
Sciences under which agreement appropriate experts shall review the
adequacy of the protocol and its implementation by the Department of
Veterans Affairs.
``(b) Relationship to Other Comprehensive Clinical Evaluation
Protocols.--The Secretary, in consultation with the Secretary of
Defense, shall ensure that the information collected through the
protocol described in this section is collected and maintained in a
manner that permits the effective and efficient cross-reference of that
information with information collected and maintained through the
comprehensive clinical protocols of the Department of Defense for
Persian Gulf War veterans.
``(c) Case Definitions and Diagnoses.--The Secretary shall develop
case definitions or diagnoses for illnesses associated with the service
described in subsection (a)(1). The Secretary shall develop such
definitions or diagnoses at the earliest possible date.
``SEC. 105. OUTREACH TO PERSIAN GULF VETERANS.
``(a) In General.--The Secretary of Veterans Affairs shall implement
a comprehensive outreach program to inform Persian Gulf War veterans and
their families of the medical care and other benefits that may be
provided by the Department of Veterans Affairs and the Department of
Defense arising from service in the Persian Gulf War.
``(b) Newsletter.--(1) The outreach program shall include a
newsletter which shall be updated and distributed at least semi-annually
and shall be distributed to the veterans listed on the Persian Gulf War
Veterans Health Registry. The newsletter shall include summaries of the
status and findings of Government sponsored research on illnesses of
Persian Gulf War veterans and their families, as well as on benefits
available to such individuals through the Department of Veterans
Affairs. The newsletter shall be prepared in consultation with veterans
service organizations.
``(2) The requirement under this subsection for the distribution of
the newsletter shall terminate on December 31, 2003.
``(c) Toll-Free Number.--The outreach program shall include
establishment of a toll-free telephone number to provide Persian Gulf
War veterans and their families information on the Persian Gulf War
Veterans Health Registry, health care and other benefits provided by the
Department of Veterans Affairs, and such other information as the
Secretary considers appropriate. Such toll-free telephone number shall
be established not later than 90 days after the date of the enactment of
this Act [Nov. 2, 1994].
``SEC. 107. EVALUATION OF HEALTH STATUS OF SPOUSES AND CHILDREN OF
PERSIAN GULF WAR VETERANS.
``(a) Evaluation Program.--Subject to subsection (c), the Secretary
of Veterans Affairs shall conduct a program to evaluate the health
status of spouses and children of Persian Gulf War veterans. Under the
program, the Secretary shall provide for the conduct of diagnostic
testing and appropriate medical examinations of any individual--
``(1) who is the spouse or child of a veteran who--
``(A) is listed in the Persian Gulf War Veterans Registry
established under section 702 of Public Law 102-585 [set out in
a note under section 527 of this title]; and
``(B) is suffering from an illness or disorder;
``(2) who is apparently suffering from, or may have suffered
from, an illness or disorder (including a birth defect, miscarriage,
or stillbirth) which cannot be disassociated from the veteran's
service in the Southwest Asia theater of operations; and
``(3) who, in the case of a spouse, has granted the Secretary
permission to include in the Registry relevant medical data
(including a medical history and the results of diagnostic testing
and medical examinations) and such other information as the
Secretary considers relevant and appropriate with respect to such
individual.
``(b) Duration of Program.--The program shall be carried out during
the period beginning on November 1, 1994, and ending on December 31,
2003.
``(c) Funding Limitation.--The amount spent for the program under
subsection (a) may not exceed $2,000,000.
``(d) Contracting.--The Secretary may provide for the conduct of
testing and examinations under subsection (a) through appropriate
contract arrangements, including fee arrangements described in section
1703 of title 38, United States Code.
``(e) Standard Protocols and Guidelines.--The Secretary shall seek
to ensure uniform development of medical data through the development of
standard protocols and guidelines for such testing and examinations. If
such protocols and guidelines have not been adopted before the end of
the 120-day period beginning on the date of the enactment of this Act
[Nov. 2, 1994], the Secretary shall, before the end of such period,
submit to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report as to why such protocols and guidelines have
not yet been developed.
``(f) Entry of Results in Registry.--The results of diagnostic
tests, medical histories, and medical examinations conducted under
subsection (a) shall be entered into the Persian Gulf War Veterans
Health Registry.
``(g) Outreach.--The Secretary shall conduct such outreach
activities as the Secretary determines necessary for the purposes of the
program. In conducting such outreach activities, the Secretary shall
advise that medical treatment is not available under the program.
``(h) Use Outside Department of Standard Protocols and Guidelines.--
The Secretary shall--
``(1) make the standard protocols and guidelines developed under
this section available to any entity which requests a copy of such
protocols and guidelines; and
``(2) enter into the registry the results of any examination of
the spouse or child of a veteran who served in the Persian Gulf
theater which a licensed physician certifies was conducted using
those standard protocols and guidelines.
``(i) Report to Congress.--Not later than July 31, 1999, the
Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on activities with respect
to the program, including the provision of services under subsection
(d).
``(j) Definitions.--For purposes of this section, the terms `child'
and `spouse' have the meanings given those terms in paragraphs (4) and
(31), respectively, of section 101 of title 38, United States Code.
``SEC. 109. SURVEY OF PERSIAN GULF VETERANS.
``(a) In General.--The Secretary of Veterans Affairs may carry out a
survey of Persian Gulf veterans to gather information on the incidence
and nature of health problems occurring in Persian Gulf veterans and
their families.
``(b) Coordination With Department of Defense.--Any survey under
subsection (a) shall be carried out in coordination with the Secretary
of Defense.
``(c) Persian Gulf Veteran.--For purposes of this section, a Persian
Gulf veteran is an individual who served on active duty in the Armed
Forces in the Southwest Asia theater of operations during the Persian
Gulf War as defined in section 101(33) of title 38, United States Code.
``SEC. 110. AUTHORIZATION FOR EPIDEMIOLOGICAL STUDIES.
``(a) Study of Health Consequences of Persian Gulf Service.--If the
National Academy of Sciences includes in the report required by section
706(b) of the Veterans Health Care Act of 1992 (Public Law 102-585) [set
out in a note under section 527 of this title] a finding that there is a
sound basis for an epidemiological study or studies on the health
consequences of service in the Persian Gulf theater of operations during
the Persian Gulf War and recommends the conduct of such a study or
studies, the Secretary of Veterans Affairs is authorized to carry out
such study.
``(b) Oversight.--(1) The Secretary shall seek to enter into an
agreement with the Medical Follow-Up Agency (MFUA) of the Institute of
Medicine of the National Academy of Sciences for (A) the review of
proposals to conduct the research referred to in subsection (a), (B)
oversight of such research, and (C) review of the research findings.
``(2) If the Secretary is unable to enter into an agreement under
paragraph (1) with the entity specified in that paragraph, the Secretary
shall enter into an agreement described in that paragraph with another
appropriate scientific organization which does not have a connection to
the Department of Veterans Affairs. In such a case, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and House of
Representatives, at least 90 days before the date on which the agreement
is entered into, notice in writing identifying the organization with
which the Secretary intends to enter into the agreement.
``(c) Access to Data.--The Secretary shall enter into agreements
with the Secretary of Defense and the Secretary of Health and Human
Services to make available for the purposes of any study described in
subsection (a) all data that the Secretary, in consultation with the
National Academy of Sciences and the contractor for the study, considers
relevant to the study.
``(d) Authorization.--There are authorized to be appropriated to the
Department such sums as are necessary for the conduct of studies
described in subsection (a).''
[Pub. L. 104-262, title III, Sec. 352(b), Oct. 9, 1996, 110 Stat.
3211, provided that: ``Any diagnostic testing and medical examinations
undertaken by the Secretary of Veterans Affairs for the purpose of the
study required by subsection (a) of such section [section 107(a) of Pub.
L. 103-446, set out above] during the period beginning on October 1,
1996, and ending on the date of the enactment of this Act [Oct. 9, 1996]
is hereby ratified.'']


Report to Congress on Intention To Pay Compensation

Section 106(c) of Pub. L. 103-446 directed Secretary of Veterans
Affairs, not later than 60 days after Nov. 2, 1994, to submit to
Congress a report stating whether or not the Secretary intended to pay
compensation as provided in this section.

Executive Order No. 12961

Ex. Ord. No. 12961, May 26, 1995, 60 F.R. 28507, which established
the Presidential Advisory Committee on Gulf War Veterans' Illnesses, was
revoked by Ex. Ord. No. 13138, Sec. 3(g), Sept. 30, 1999, 64 F.R. 53880,
formerly set out as a note under section 14 of the Appendix to Title 5,
Government Organization and Employees.

Ex. Ord. No. 13034. Extension of Presidential Advisory Committee on Gulf
War Veterans' Illnesses

Ex. Ord. No. 13034, Jan. 30, 1997, 62 F.R. 5137, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, it is hereby ordered as
follows:
Section 1. Extension. The Presidential Advisory Committee on Gulf
War Veterans' Illnesses (the ``Committee''), established pursuant to
Executive Order 12961 [set out above] of May 26, 1995, is hereby
extended for the purposes set forth herein. All provisions of that order
relating to membership and administration shall remain in effect. All
Committee appointments, as well as the President's designation of a
Chairperson, shall remain in effect. The limitations set forth in
section 2(c)-(e) and section 4(a) of Executive Order 12961 shall also
remain in effect. The Committee shall remain subject to the Federal
Advisory Committee Act, as amended, 5 U.S.C. App.
Sec. 2. Functions. (a) The Committee shall report to the President
through the Secretary of Defense, the Secretary of Veterans Affairs, and
the Secretary of Health and Human Services.
(b) The Committee shall have two principal roles:
(1) Oversight of the ongoing investigation being conducted by the
Department of Defense with the assistance, as appropriate, of other
executive departments and agencies into possible chemical or biological
warfare agent exposures during the Gulf War; and
(2) Evaluation of the Federal Government's plan for and progress
towards the implementation of the Committee's recommendations contained
in its Final Report submitted on December 31, 1996.
(c) The Committee shall provide advice and recommendations related
to its oversight and evaluation responsibilities.
(d) The Committee may also provide additional advice and
recommendations prompted by any new developments related to its original
functions as set forth in section 2(b) of Executive Order 12961.
(e) The Committee shall submit by letter a status report by April
30, 1997, and a final supplemental report by October 31, 1997, unless
otherwise directed by the President.
Sec. 3. General Provisions. (a) The Committee shall terminate 30
days after submitting its final supplemental report.
(b) This order is intended only to improve the internal management
of the executive branch and it is not intended to create any right,
benefit or trust responsibility, substantive or procedural, enforceable
at law or equity by a party against the United States, its agencies, its
officers, or any person.
William J. Clinton.

Section Referred to in Other Sections

This section is referred to in sections 1113, 1118 of this title.





sgtgoose1
Moderator posted April 02, 2005 14:09
--------------------------------------------------------------------------------
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+38USC1118
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 38USC1118]


TITLE 38--VETERANS' BENEFITS

PART II--GENERAL BENEFITS

CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II--WARTIME DISABILITY COMPENSATION

Sec. 1118. Presumptions of service connection for illnesses
associated with service in the Persian Gulf during the Persian
Gulf War

(a)(1) For purposes of section 1110 of this title, and subject to
section 1113 of this title, each illness, if any, described in paragraph
(2) shall be considered to have been incurred in or aggravated by
service referred to in that paragraph, notwithstanding that there is no
record of evidence of such illness during the period of such service.
(2) An illness referred to in paragraph (1) is any diagnosed or
undiagnosed illness that--
(A) the Secretary determines in regulations prescribed under
this section to warrant a presumption of service connection by
reason of having a positive association with exposure to a
biological, chemical, or other toxic agent, environmental or wartime
hazard, or preventive medicine or vaccine known or presumed to be
associated with service in the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf War; and
(B) becomes manifest within the period, if any, prescribed in
such regulations in a veteran who served on active duty in that
theater of operations during that war and by reason of such service
was exposed to such agent, hazard, or medicine or vaccine.

(3) For purposes of this subsection, a veteran who served on active
duty in the Southwest Asia theater of operations during the Persian Gulf
War and has an illness described in paragraph (2) shall be presumed to
have been exposed by reason of such service to the agent, hazard, or
medicine or vaccine associated with the illness in the regulations
prescribed under this section unless there is conclusive evidence to
establish that the veteran was not exposed to the agent, hazard, or
medicine or vaccine by reason of such service.
(4) For purposes of this section, signs or symptoms that may be a
manifestation of an undiagnosed illness include the signs and symptoms
listed in section 1117(g) of this title.
(b)(1)(A) Whenever the Secretary makes a determination described in
subparagraph (B), the Secretary shall prescribe regulations providing
that a presumption of service connection is warranted for the illness
covered by that determination for purposes of this section.
(B) A determination referred to in subparagraph (A) is a
determination based on sound medical and scientific evidence that a
positive association exists between--
(i) the exposure of humans or animals to a biological, chemical,
or other toxic agent, environmental or wartime hazard, or preventive
medicine or vaccine known or presumed to be associated with service
in the Southwest Asia theater of operations during the Persian Gulf
War; and
(ii) the occurrence of a diagnosed or undiagnosed illness in
humans or animals.

(2)(A) In making determinations for purposes of paragraph (1), the
Secretary shall take into account--
(i) the reports submitted to the Secretary by the National
Academy of Sciences under section 1603 of the Persian Gulf War
Veterans Act of 1998; and
(ii) all other sound medical and scientific information and
analyses available to the Secretary.

(B) In evaluating any report, information, or analysis for purposes
of making such determinations, the Secretary shall take into
consideration whether the results are statistically significant, are
capable of replication, and withstand peer review.
(3) An association between the occurrence of an illness in humans or
animals and exposure to an agent, hazard, or medicine or vaccine shall
be considered to be positive for purposes of this subsection if the
credible evidence for the association is equal to or outweighs the
credible evidence against the association.
(c)(1) Not later than 60 days after the date on which the Secretary
receives a report from the National Academy of Sciences under section
1603 of the Persian Gulf War Veterans Act of 1998, the Secretary shall
determine whether or not a presumption of service connection is
warranted for each illness, if any, covered by the report.
(2) If the Secretary determines under this subsection that a
presumption of service connection is warranted, the Secretary shall, not
later than 60 days after making the determination, issue proposed
regulations setting forth the Secretary's determination.
(3)(A) If the Secretary determines under this subsection that a
presumption of service connection is not warranted, the Secretary shall,
not later than 60 days after making the determination, publish in the
Federal Register a notice of the determination. The notice shall include
an explanation of the scientific basis for the determination.
(B) If an illness already presumed to be service connected under
this section is subject to a determination under subparagraph (A), the
Secretary shall, not later than 60 days after publication of the notice
under that subparagraph, issue proposed regulations removing the
presumption of service connection for the illness.
(4) Not later than 90 days after the date on which the Secretary
issues any proposed regulations under this subsection, the Secretary
shall issue final regulations. Such regulations shall be effective on
the date of issuance.
(d) Whenever the presumption of service connection for an illness
under this section is removed under subsection (c)--
(1) a veteran who was awarded compensation for the illness on
the basis of the presumption before the effective date of the
removal of the presumption shall continue to be entitled to receive
compensation on that basis; and
(2) a survivor of a veteran who was awarded dependency and
indemnity compensation for the death of a veteran resulting from the
illness on the basis of the presumption before that date shall
continue to be entitled to receive dependency and indemnity
compensation on that basis.

(e) Subsections (b) through (d) shall cease to be effective on
September 30, 2011.

(Added Pub. L. 105-277, div. C, title XVI, Sec. 1602(a)(1), Oct. 21,
1998, 112 Stat. 2681-742; amended Pub. L. 107-103, title II,
Sec. 202(b)(2), (d)(1), Dec. 27, 2001, 115 Stat. 989.)

References in Text

Section 1603 of the Persian Gulf War Veterans Act of 1998, referred
to in subsecs. (b)(2)(A)(i) and (c)(1), is section 1603 of Pub. L. 105-
277, which is set out in a note under section 1117 of this title.


Amendments

2001--Subsec. (a)(4). Pub. L. 107-103, Sec. 202(b)(2), added par.
(4).
Subsec. (e). Pub. L. 107-103, Sec. 202(d)(1), substituted ``on
September 30, 2011'' for ``10 years after the first day of the fiscal
year in which the National Academy of Sciences submits to the Secretary
the first report under section 1603 of the Persian Gulf War Veterans Act
of 1998''.


Effective Date of 2001 Amendment

Amendment by section 202(b)(2) of Pub. L. 107-103 effective Mar. 1,
2002, see section 202(c) of Pub. L. 107-103, set out as a note under
section 1117 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1113, 1117 of this title.

--------------------
HONOR OUR VETERANS WITH BETTER CARE AND BENEFITS

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