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38 USC Sec. 1101 01/19/04
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TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER I - GENERAL
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Sec. 1101. Definitions
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For the purposes of this chapter -
(1) The term "veteran" includes a person who died in the active
military, naval, or air service.
(2) The term "period of war" includes, in the case of any veteran
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(A) any period of service performed by such veteran after
November 11, 1918, and before July 2, 1921, if such veteran
served in the active military, naval, or air service after April
5, 1917, and before November 12, 1918; and
(B) any period of continuous service performed by such veteran
after December 31, 1946, and before July 26, 1947, if such period
began before January 1, 1947.
(3) The term "chronic disease" includes -
Anemia, primary
Arteriosclerosis
Arthritis
Atrophy, progressive muscular
Brain hemorrhage
Brain thrombosis
Bronchiectasis
Calculi of the kidney, bladder, or gallbladder
Cardiovascular-renal disease, including hypertension
Cirrhosis of the liver
Coccidioidomycosis
Diabetes mellitus
Encephalitis lethargica residuals
Endocarditis
Endocrinopathies
Epilepsies
Hansen's disease
Hodgkin's disease
Leukemia
Lupus erythematosus, systemic
Myasthenia gravis
Myelitis
Myocarditis
Nephritis
Organic diseases of the nervous system
Osteitis deformans (Paget's disease)
Osteomalacia
Palsy, bulbar
Paralysis agitans
Psychoses
Purpura idiopathic, hemorrhagic
Raynaud's disease
Sarcoidosis
Scleroderma
Sclerosis, amyotrophic lateral
Sclerosis, multiple
Syringomyelia
Thromboangiitis obliterans (Buerger's disease)
Tuberculosis, active
Tumors, malignant, or of the brain or spinal cord or
peripheral nerves
Ulcers, peptic (gastric or duodenal)
and such other chronic diseases as the Secretary may add to this
list.
(4) The term "tropical disease" includes -
Amebiasis
Blackwater fever
Cholera
Dracontiasis
Dysentery
Filiariasis
Hansen's disease
Leishmaniasis, including kala-azar
Loiasis
Malaria
Onchocerciasis
Oroya fever
Pinta
Plague
Schistosomiasis
Yaws
Yellow fever
and such other tropical diseases as the Secretary may add to this
list.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1118, Sec. 301; Pub. L.
94-433, title IV, Secs. 401(2), (3), 404(1), Sept. 30, 1976, 90
Stat. 1377, 1378; Pub. L. 98-160, title VII, Sec. 702(2), Nov. 21,
1983, 97 Stat. 1009; Pub. L. 100-322, title III, Sec. 313, May 20,
1988, 102 Stat. 535; renumbered Sec. 1101 and amended Pub. L.
102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 301 of this
title as this section.
Pars. (3), (4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1988 - Par. (3). Pub. L. 100-322 inserted "Lupus erythematosus,
systemic" after "Leukemia".
1983 - Par. (3). Pub. L. 98-160 substituted a period for the
semicolon at end of paragraph following "may add to this list".
1976 - Par. (2)(A), (B). Pub. L. 94-433, Sec. 404(1), substituted
"such veteran" for "him" in subpars. (A) and (B).
Par. (3). Pub. L. 94-433, Sec. 401(2), substituted "Hansen's
disease" for "Leprosy".
Par. (4). Pub. L. 94-433, Sec. 401(3), inserted "Hansen's
disease" after "Filiariasis" and struck out "Leprosy" before
"Loiasis".
EFFECTIVE DATE OF 1976 AMENDMENT
Section 406 of Pub. L. 94-433 provided that: "The provisions of
this Act [see Tables for classification] shall become effective on
October 1, 1976."
EFFECTIVE DATE OF FUTURE INCREASES
Pub. L. 98-223, title I, Sec. 108, Mar. 2, 1984, 98 Stat. 40,
provided that: "It is the sense of the Congress that any increase
provided by law to take effect after fiscal year 1984 in the rates
of disability compensation and dependency and indemnity
compensation payable under chapters 11 and 13, respectively, of
title 38, United States Code, shall take effect on December 1 of
the fiscal year involved and that the budgets for any such fiscal
year include amounts to achieve such purpose."
[Section 108 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.]
VETERANS' DISABILITY BENEFITS COMMISSION
Pub. L. 108-136, div. A, title XV, Nov. 24, 2003, 117 Stat. 1676,
provided that:
"SEC. 1501. ESTABLISHMENT OF COMMISSION.
"(a) Establishment of Commission. - There is hereby established a
commission to be known as the Veterans' Disability Benefits
Commission (hereinafter in this title referred to as the
'commission').
"(b) Membership. - (1) The commission shall be composed of 13
members, appointed as follows:
"(A) Two members appointed by the Speaker of the House of
Representatives, at least one of whom shall be a veteran who was
awarded a decoration specified in paragraph (2).
"(B) Two members appointed by the minority leader of the House
of Representatives, at least one of whom shall be a veteran who
was awarded a decoration specified in paragraph (2).
"(C) Two members appointed by the majority leader of the
Senate, at least one of whom shall be a veteran who was awarded a
decoration specified in paragraph (2).
"(D) Two members appointed by the minority leader of the
Senate, at least one of whom shall be a veteran who was awarded a
decoration specified in paragraph (2).
"(E) Five members appointed by the President, at least three of
whom shall be veterans who were awarded a decoration specified in
paragraph (2).
"(2) A decoration specified in this paragraph is any of the
following:
"(A) The Medal of Honor.
"(B) The Distinguished Service Cross, the Navy Cross, or the
Air Force Cross.
"(C) The Silver Star.
"(3) A vacancy in the Commission shall be filled in the manner in
which the original appointment was made.
"(4) The appointment of members of the commission under this
subsection shall be made not later than 60 days after the date of
the enactment of this Act [Nov. 24, 2003].
"(c) Period of Appointment. - Members of the commission shall be
appointed for the life of the commission. A vacancy in the
commission shall not affect its powers.
"(d) Initial Meeting. - The commission shall hold its first
meeting not later than 30 days after the date on which a majority
of the members of the commission have been appointed.
"(e) Meetings. - The commission shall meet at the call of the
chairman.
"(f) Quorum. - A majority of the members of the commission shall
constitute a quorum, but a lesser number may hold hearings.
"(g) Chairman. - The President shall designate a member of the
commission to be chairman of the commission.
"SEC. 1502. DUTIES OF THE COMMISSION.
"(a) Study. - The commission shall carry out a study of the
benefits under the laws of the United States that are provided to
compensate and assist veterans and their survivors for disabilities
and deaths attributable to military service.
"(b) Scope of Study. - In carrying out the study, the commission
shall examine and make recommendations concerning the following:
"(1) The appropriateness of such benefits under the laws in
effect on the date of the enactment of this Act [Nov. 24, 2003].
"(2) The appropriateness of the level of such benefits.
"(3) The appropriate standard or standards for determining
whether a disability or death of a veteran should be compensated.
"(c) Contents of Study. - The study to be carried out by the
commission under this section shall be a comprehensive evaluation
and assessment of the benefits provided under the laws of the
United States to compensate veterans and their survivors for
disability or death attributable to military service, together with
any related issues that the commission determines are relevant to
the purposes of the study. The study shall include an evaluation
and assessment of the following:
"(1) The laws and regulations which determine eligibility for
disability and death benefits, and other assistance for veterans
and their survivors.
"(2) The rates of such compensation, including the
appropriateness of a schedule for rating disabilities based on
average impairment of earning capacity.
"(3) Comparable disability benefits provided to individuals by
the Federal Government, State governments, and the private
sector.
"(d) Consultation With Institute of Medicine. - In carrying out
the study under this section, the commission shall consult with the
Institute of Medicine of the National Academy of Sciences with
respect to the medical aspects of contemporary disability
compensation policies.
"SEC. 1503. REPORT.
"Not later than 15 months after the date on which the commission
first meets, the commission shall submit to the President and
Congress a report on the study. The report shall include the
following:
"(1) The findings and conclusions of the commission, including
its findings and conclusions with respect to the matters referred
to in section 1502(c).
"(2) The recommendations of the commission for revising the
benefits provided by the United States to veterans and their
survivors for disability and death attributable to military
service.
"(3) Other information and recommendations with respect to such
benefits as the commission considers appropriate.
"SEC. 1504. POWERS OF THE COMMISSION.
"(a) Hearings. - The commission may hold such hearings, sit and
act at such times and places, take such testimony, and receive such
evidence as the commission considers advisable to carry out the
purposes of this title.
"(b) Information From Federal Agencies. - In addition to the
information referred to in section 1502(c), the commission may
secure directly from any Federal department or agency such
information as the commission considers necessary to carry out the
provisions of this title. Upon request of the chairman of the
commission, the head of such department or agency shall furnish
such information to the commission.
"(c) Postal Services. - The commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
"(d) Gifts. - The commission may accept, use, and dispose of
gifts or donations of services or property.
"SEC. 1505. PERSONNEL MATTERS.
"(a) Compensation of Members. - Each member of the commission who
is not an officer or employee of the United States shall be
compensated at a rate equal to the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in the
performance of the duties of the commission. All members of the
commission who are officers or employees of the United States shall
serve without compensation in addition to that received for their
services as officers or employees of the United States.
"(b) Travel Expenses. - The members of the commission shall be
allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their
homes or regular places of business in the performance of services
for the commission.
"(c) Staff. - (1) The chairman of the commission may, without
regard to the civil service laws and regulations, appoint an
executive director and such other personnel as may be necessary to
enable the commission to perform its duties. The appointment of an
executive director shall be subject to approval by the commission.
"(2) The chairman of the commission may fix the compensation of
the executive director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under section 5316 of
such title.
"(d) Detail of Government Employees. - Upon request of the
chairman of the commission, the head of any Federal department or
agency may detail, on a nonreimbursable basis, any personnel of
that department or agency to the commission to assist it in
carrying out its duties.
"(e) Procurement of Temporary and Intermittent Services. - The
chairman of the commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at
rates for individuals which do not exceed the daily equivalent of
the annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title.
"SEC. 1506. TERMINATION OF COMMISSION.
"The commission shall terminate 60 days after the date on which
the commission submits its report under section 1503.
"SEC. 1507. FUNDING.
"(a) In General. - The Secretary of Veterans Affairs shall, upon
the request of the chairman of the commission, make available to
the commission such amounts as the commission may require to carry
out its duties under this title.
"(b) Availability. - Any sums made available to the commission
under subsection (a) shall remain available, without fiscal year
limitation, until the termination of the commission."
TREATMENT OF CERTAIN INCOME OF ALASKA NATIVES FOR PURPOSES OF
NEED-BASED BENEFITS
Pub. L. 103-446, title V, Sec. 506, Nov. 2, 1994, 108 Stat. 4664,
provided that: "Any receipt by an individual from a Native
Corporation under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) of cash, stock, land, or other interests
referred to in subparagraphs (A) through (E) of section 29(c) of
that Act (43 U.S.C. 1626(c)) (whether such receipt is attributable
to the disposition of real property, profits from the operation of
real property, or otherwise) shall not be countable as income for
purposes of any law administered by the Secretary of Veterans
Affairs."
COST-OF-LIVING INCREASES IN COMPENSATION RATES
Pub. L. 103-446, title I, Sec. 111(b), Nov. 2, 1994, 108 Stat.
4654, provided that: "The fiscal year 1995 cost-of-living
adjustments in the rates of and limitations for compensation
payable under chapter 11 of title 38, United States Code, and of
dependency and indemnity compensation payable under chapter 13 of
such title will be no more than a percentage equal to 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, 1994, as a result of a determination under section
215(i) of such Act (42 U.S.C. 415(i)), with all increased monthly
rates and limitations (other than increased rates or limitations
equal to a whole dollar amount) rounded down to the next lower
dollar."
Pub. L. 103-66, title XII, Sec. 12008, Aug. 10, 1993, 107 Stat.
415, provided that:
"(a) Policy. - The fiscal year 1994 cost-of-living adjustments in
the rates of and limitations for compensation payable under chapter
11 of title 38, United States Code, and of dependency and indemnity
compensation payable under chapter 13 of such title, except as
provided in subsection (b) of this section, will be no more than a
percentage equal to 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, 1993, as a result of a
determination under section 215(i) of such Act (42 U.S.C. 415(i)),
with all increased monthly rates and limitations (other than
increased rates or limitations equal to a whole dollar amount)
rounded down to the next lower dollar.
"(b) Limitation on Fiscal Year 1994 Cost-of-Living Adjustment for
Certain DIC Recipients. - (1) During fiscal year 1994, the amount
of any increase in any of the rates of dependency and indemnity
compensation in effect under section 1311(a)(3) of title 38, United
States Code, will not exceed 50 percent of the new law increase,
rounded down (if not an even dollar amount) to the next lower
dollar.
"(2) For purposes of paragraph (1), the new law increase is the
amount by which the rate of dependency and indemnity compensation
provided for recipients under section 1311(a)(1) of such title is
increased for fiscal year 1994."
Pub. L. 101-508, title VIII, Sec. 8005, Nov. 5, 1990, 104 Stat.
1388-343, provided that:
"(a) Policy Regarding Fiscal Year 1991. - The fiscal year 1991
cost-of-living adjustments in the rates of compensation payable
under chapter 11 of title 38, United States Code, and of the
dependency and indemnity compensation payable under chapter 13 of
such title will be no more than a 5.4 percent increase, with all
increased monthly rates rounded down to the next lower dollar. The
effective date for such adjustments will not be earlier than
January 1, 1991.
"(b) Increase Payable as of January 1992. - The amount of
compensation or dependency and indemnity compensation payable to
any individual for the month of January 1992 who is entitled to
such benefits as of January 1, 1992, shall be increased for such
month by the amount equal to the amount of the monthly increase
provided for that individual's benefit level as of January 1, 1991,
pursuant to the adjustments described in subsection (a)."
BENEFITS AND SERVICES FOR FORMER PRISONERS OF WAR; IMPLEMENTATION
OF PROGRAMS; RECORDS FOR DISPOSITION OF CLAIMS; DEFINITION
Pub. L. 97-37, Sec. 6, Aug. 14, 1981, 95 Stat. 937, provided
that:
"(a) Not later than ninety days after the date of the enactment
of this Act [Aug. 14, 1981] and at appropriate times thereafter,
the Administrator shall, to the maximum extent feasible and in
order to carry out the requirements of the veterans outreach
services program under subchapter IV of chapter 3 [see subchapter
II of chapter 77] of title 38, United States Code, seek out former
prisoners of war and provide them with information regarding
applicable changes in law, regulations, policies, guidelines, or
other directives affecting the benefits and services to which
former prisoners of war are entitled under such title by virtue of
the amendments made by this Act [see Tables for classification].
"(b)(1) The Administrator shall, for not less than the three-year
period beginning ninety days after the date of the enactment of
this Act [Aug. 14, 1981], maintain a centralized record showing all
claims for benefits under chapter 11 of such title that are
submitted by former prisoners of war and the disposition of such
claims.
"(2) Not later than ninety days after the end of the three-year
period described in paragraph (1), the Administrator shall, after
consulting with and receiving the views of the Advisory Committee
on Former Prisoners of War required to be established pursuant to
section 221 [see 541] of such title, submit a report on the results
of the disposition of claims described in such paragraph, together
with any comments or recommendations that the Administrator may
have, to the appropriate committees of Congress. The Administrator
may also submit to such committees interim reports on such results.
"(c) For the purposes of this section, the term "former prisoner
of war" has the meaning given such term in paragraph (32) of
section 101 of title 38, United States Code (as added by section
3(a) of this Act)."
STUDY ON DISABILITY COMPENSATION AND HEALTH-CARE NEEDS OF FORMER
PRISONERS OF WAR; REPORT TO PRESIDENT AND CONGRESS
Pub. L. 95-479, title III, Sec. 305, Oct. 18, 1978, 92 Stat.
1565, directed Administrator of Veterans' Affairs, in consultation
with Secretary of Defense, to carry out a comprehensive study of
disability compensation awarded to, and health care needs of
veterans who are former prisoners of war and to submit a report on
results of such study to Congress and President not later than Feb.
1, 1980.
AMPUTEES, CARDIOVASCULAR DISORDERS; STUDY
Section 403 of Pub. L. 94-433 directed Administrator to conduct a
scientific study to determine if there is causal relationship
between amputation of an extremity and subsequent development of
cardiovascular disorders and to report to Speaker and President of
Senate not later than June 30, 1977.
STUDY OF CLAIMS FOR DEPENDENCY AND INDEMNITY COMPENSATION
Pub. L. 93-295, title II, Sec. 207, May 31, 1974, 88 Stat. 183,
directed Administrator of Veterans' Affairs to make a detailed
study of claims for dependency and indemnity compensation relating
to veterans, as defined in section 101(2) of this title, who at
time of death within six months prior to May 31, 1974, were
receiving disability compensation from Veterans' Administration
based upon a rating total and permanent in nature, and submit a
report together with such comments and recommendations as
Administrator deemed appropriate to Speaker of the House and
President of the Senate not more than thirty days after Jan. 14,
1975.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 5 sections 3501, 6303, 8332,
8411; title 8 sections 1612, 1613, 1622; title 50 section 2082.
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"Buk" Frank
