
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 401(f)(2)]
[Document affected by Public Law 107-103 Section 201(c)(2)(B)]
[Document affected by Public Law 107-95 Section 5(a)(2)]
[CITE: 38USC1101]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
                          SUBCHAPTER I--GENERAL
 
Sec. 1101. Definitions

    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--
        (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.

(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.)


                               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.]


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.

                  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.
