
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 107-103 Section 206(a)]
[Document affected by Public Law 107-103 Section 206(b)]
[CITE: 38USC1502]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 15--PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR 
                                 SERVICE
 
                          SUBCHAPTER I--GENERAL
 
Sec. 1502. Determinations with respect to disability

    (a) For the purposes of this chapter, a person shall be considered 
to be permanently and totally disabled if such a person is unemployable 
as a result of disability reasonably certain to continue throughout the 
life of the disabled person, or is suffering from--
        (1) any disability which is sufficient to render it impossible 
    for the average person to follow a substantially gainful occupation, 
    but only if it is reasonably certain that such disability will 
    continue throughout the life of the disabled person; or
        (2) any disease or disorder determined by the Secretary to be of 
    such a nature or extent as to justify a determination that persons 
    suffering therefrom are permanently and totally disabled.

    (b) For the purposes of this chapter, a person shall be considered 
to be in need of regular aid and attendance if such person is (1) a 
patient in a nursing home or (2) helpless or blind, or so nearly 
helpless or blind as to need or require the regular aid and attendance 
of another person.
    (c) For the purposes of this chapter, 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 
disability or disabilities which it is reasonably certain will remain 
throughout such veteran's lifetime.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 502; Pub. L. 88-664, 
Sec. 6(b), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title I, 
Sec. 102, Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-169, title I, 
Sec. 106(2), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94-432, title II, 
Sec. 201, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 101-508, title VIII, 
Sec. 8002(a), Nov. 5, 1990, 104 Stat. 1388-342; renumbered Sec. 1502 and 
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 
Stat. 404-406.)


                            Prior Provisions

    Prior section 1502 was renumbered section 3102 of this title.
    Another prior section 1502, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 
1171; Pub. L. 86-721, Sec. 3, Sept. 8, 1960, 74 Stat. 820; Pub. L. 87-
815, Sec. 7, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89-138, Sec. 2(2), 
Aug. 26, 1965, 79 Stat. 578; Pub. L. 90-631, Sec. 1(a), Oct. 23, 1968, 
82 Stat. 1331; Pub. L. 92-540, title I, Sec. 101(1), title III, 
Sec. 301, Oct. 24, 1972, 86 Stat. 1074, 1080; Pub. L. 93-508, title I, 
Sec. 101(2), Dec. 3, 1974, 88 Stat. 1578; Pub. L. 94-502, title I, 
Sec. 104(1), Oct. 15, 1976, 90 Stat. 2384, related to the basic 
entitlement of veterans with service-connected disabilities to 
vocational rehabilitation under chapter 31 of this title, prior to the 
general revision of chapter 31 of this title by Pub. L. 96-466. Section 
802(a)(3) of Pub. L. 96-466, set out as an Effective Date note under 
section 3100 of this title, provided that this prior section 1502 
continue in effect until Mar. 31, 1981.
    Prior section 1502A, Pub. L. 87-591, Sec. 1, Aug. 16, 1962, 76 Stat. 
393, which related to vocational rehabilitation for blinded veterans, 
was repealed by Pub. L. 89-138, Sec. 2(3), Aug. 26, 1965, 79 Stat. 578.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 502 of this 
title as this section.
    Subsec. (a)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    1990--Subsec. (a). Pub. L. 101-508 amended introductory provisions 
generally. Prior to amendment, introductory provisions read as follows: 
``For the purposes of this chapter, a person shall be considered to be 
permanently and totally disabled if such person is sixty-five years of 
age or older or became unemployable after age 65, or suffering from--''.
    1976--Subsec. (a). Pub. L. 94-432 inserted ``or became unemployable 
after age 65,'' after ``or older''.
    1975--Subsecs. (a) and (b). Pub. L. 94-169 substituted ``such 
person'' for ``he''.
    Subsec. (c). Pub. L. 94-169 substituted ``such veteran's'' for 
``his'' wherever appearing.
    1967--Subsec. (a). Pub. L. 90-77, Sec. 102(a), provided for 
consideration of a person sixty-five years of age or older as 
permanently and totally disabled.
    Subsec. (b). Pub. L. 90-77, Sec. 102(b), added cl. (1) and 
designated existing provisions as cl. (2).
    1964--Subsec. (c). Pub. L. 88-664 added subsec. (c).


                    Effective Date of 1990 Amendment

    Section 8002(b) of Pub. L. 101-508 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to claims filed after October 31, 1990.''


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section 
405(b) of Pub. L. 94-432, set out as a note under section 1521 of this 
title.


                    Effective Date of 1975 Amendment

    Section 106 of Pub. L. 94-169 provided that the amendment made by 
that section is effective Jan. 1, 1976.


                    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 1964 Amendment

    Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section 11 
of Pub. L. 88-664, set out as a note under section 1503 of this title.
