38 U.S.C. § 1805

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1805 - Monetary allowance

(a) The Secretary shall pay a monthly allowance under this section to any child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child.

(b)

(1) The amount of the allowance paid to a child under this section shall be based on the degree of disability suffered by the child, as determined in accordance with such schedule for rating disabilities resulting from spina bifida as the Secretary may prescribe.

(2) The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish three levels of disability upon which the amount of the allowance provided by this section shall be based.

(3) The amounts of the allowance shall be $200 per month for the lowest level of disability prescribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability prescribed. Such amounts are subject to adjustment under section 5312 of this title.

38 U.S.C. § 1805

Added Pub. L. 104-204, title IV, §421(b)(1), Sept. 26, 1996, 110 Stat. 2925; amended Pub. L. 106-419, title IV, §401(c)(2), (e) (2), Nov. 1, 2000, 114 Stat. 1860.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 1805 was renumbered section 3705 of this title.

AMENDMENTS2000-Subsec. (a). Pub. L. 106-419, §401(e)(2), substituted "this section" for "this chapter".Subsecs. (c), (d). Pub. L. 106-419, §401(c)(2), struck out subsecs. (c) and (d) which read as follows:"(c) Notwithstanding any other provision of law, receipt by a child of an allowance under this section shall not impair, infringe, or otherwise affect the right of the child to receive any other benefit to which the child may otherwise be entitled under any law administered by the Secretary, nor shall receipt of such an allowance impair, infringe, or otherwise affect the right of any individual to receive any benefit to which the individual is entitled under any law administered by the Secretary that is based on the child's relationship to the individual."(d) Notwithstanding any other provision of law, the allowance paid to a child under this section shall not be considered income or resources in determining eligibility for or the amount of benefits under any Federal or federally assisted program."

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-419 effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106-419 set out as an Effective Date note under section 1811 of this title.

Vietnam veteran: The term "Vietnam veteran" means an individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of that individual's service.
child: The term "child" means the following: (A) For purposes of subchapters I and II of this chapter, an individual, regardless of age or marital status, who- (i) is the natural child of a Vietnam veteran; and(ii) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era.(B) For purposes of section 1821 of this title, an individual, regardless of age or marital status, who-(i) is the natural child of a veteran of covered service in Korea (as determined for purposes of that section); and(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.(C) For purposes of section 1822 of this title, an individual, regardless of age or marital status, who-(i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.