TITLE 38 - VETERANS' BENEFITS
PART I - GENERAL PROVISIONS
CHAPTER 1 - GENERAL
Sec. 101. Definitions
STATUTE:
For the purposes of this title -(1) The terms ''Secretary'' and ''Department'' mean the Secretary
of Veterans Affairs and the Department of Veterans Affairs,
respectively.(2) The term ''veteran'' means a person who served in the active
military, naval, or air service, and who was discharged or released
therefrom under conditions other than dishonorable.(3) The term ''surviving spouse'' means (except for purposes of
chapter 19 of this title) a person of the opposite sex who was the
spouse of a veteran at the time of the veteran's death, and who
lived with the veteran continuously from the date of marriage to
the date of the veteran's death (except where there was a
separation which was due to the misconduct of, or procured by, the
veteran without the fault of the spouse) and who has not remarried
or (in cases not involving remarriage) has not since the death of
the veteran, and after September 19, 1962, lived with another
person and held himself or herself out openly to the public to be
the spouse of such other person.(4)(A) The term ''child'' means (except for purposes of chapter
19 of this title and section 8502(b) of this title) a person who is
unmarried and -
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became
permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until
completion of education or training (but not after attaining the
age of twenty-three years), is pursuing a course of instruction
at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild
who is a member of a veteran's household or was a member at the
time of the veteran's death, or an illegitimate child but, as to
the alleged father, only if acknowledged in writing signed by him,
or if he has been judicially ordered to contribute to the child's
support or has been, before his death, judicially decreed to be the
father of such child, or if he is otherwise shown by evidence
satisfactory to the Secretary to be the father of such child. A
person shall be deemed, as of the date of death of a veteran, to be
the legally adopted child of such veteran if such person was at the
time of the veteran's death living in the veteran's household and
was legally adopted by the veteran's surviving spouse before August
26, 1961, or within two years after the veteran's death; however,
this sentence shall not apply if at the time of the veteran's
death, such person was receiving regular contributions toward the
person's support from some individual other than the veteran or the
veteran's spouse, or from any public or private welfare
organization which furnishes services or assistance for children.
A person with respect to whom an interlocutory decree of adoption
has been issued by an appropriate adoption authority shall be
recognized thereafter as a legally adopted child, unless and until
that decree is rescinded, if the child remains in the custody of
the adopting parent or parents during the interlocutory period. A
person who has been placed for adoption under an agreement entered
into by the adopting parent or parents with any agency authorized
under law to so act shall be recognized thereafter as a legally
adopted child, unless and until such agreement is terminated, if
the child remains in the custody of the adopting parent or parents
during the period of placement for adoption under such agreement.
A person described in clause (ii) of the first sentence of this
subparagraph who was a member of a veteran's household at the time
the person became 18 years of age and who is adopted by the veteran
shall be recognized as a legally adopted child of the veteran
regardless of the age of such person at the time of adoption.(B) For the purposes of subparagraph (A) of this paragraph, in
the case of an adoption under the laws of any jurisdiction other
than a State (as defined in section 101(20) of this title and
including the Commonwealth of the Northern Mariana Islands) -
(i) a person residing outside any of the States shall not be
considered to be a legally adopted child of a veteran during the
lifetime of such veteran (including for purposes of this
subparagraph a Commonwealth Army veteran or new Philippine Scout,
as defined in section 3566 of this title) unless such person -(I) was less than eighteen years of age at the time of
adoption;
(II) is receiving one-half or more of such person's annual
support from such veteran;
(III) is not in the custody of such person's natural parent,
unless such natural parent is such veteran's spouse; and
(IV) is residing with such veteran (or in the case of divorce
following adoption, with the divorced spouse who is also an
adoptive or natural parent) except for periods during which
such person is residing apart from such veteran (or such
divorced spouse) for purposes of full-time attendance at an
educational institution or during which such person or such
veteran (or such divorced spouse) is confined in a hospital,
nursing home, other health-care facility, or other institution;
and
(ii) a person shall not be considered to have been a legally
adopted child of a veteran as of the date of such veteran's death
and thereafter unless -(I) at any time within the one-year period immediately
preceding such veteran's death, such veteran was entitled to
and was receiving a dependent's allowance or similar monetary
benefit under this title for such person; or
(II) for a period of at least one year prior to such
veteran's death, such person met the requirements of clause (i)
of this subparagraph.(5) The term ''parent'' means (except for purposes of chapter 19
of this title) a father, a mother, a father through adoption, a
mother through adoption, or an individual who for a period of not
less than one year stood in the relationship of a parent to a
veteran at any time before the veteran's entry into active
military, naval, or air service or if two persons stood in the
relationship of a father or a mother for one year or more, the
person who last stood in the relationship of father or mother
before the veteran's last entry into active military, naval, or air
service.(6) The term ''Spanish-American War'' (A) means the period
beginning on April 21, 1898, and ending on July 4, 1902, (B)
includes the Philippine Insurrection and the Boxer Rebellion, and(C) in the case of a veteran who served with the United States
military forces engaged in hostilities in the Moro Province, means
the period beginning on April 21, 1898, and ending on July 15,
1903.(7) The term ''World War I'' (A) means the period beginning on
April 6, 1917, and ending on November 11, 1918, and (B) in the case
of a veteran who served with the United States military forces in
Russia, means the period beginning on April 6, 1917, and ending on
April 1, 1920.(8) The term ''World War II'' means (except for purposes of
chapters 31 and 37 of this title) the period beginning on December
7, 1941, and ending on December 31, 1946.(9) The term ''Korean conflict'' means the period beginning on
June 27, 1950, and ending on January 31, 1955.(10) The term ''Armed Forces'' means the United States Army,
Navy, Marine Corps, Air Force, and Coast Guard, including the
reserve components thereof.(11) The term ''period of war'' means the Spanish-American War,
the Mexican border period, World War I, World War II, the Korean
conflict, the Vietnam era, the Persian Gulf War, and the period
beginning on the date of any future declaration of war by the
Congress and ending on the date prescribed by Presidential
proclamation or concurrent resolution of the Congress.(12) The term ''veteran of any war'' means any veteran who served
in the active military, naval, or air service during a period of
war.(13) The term ''compensation'' means a monthly payment made by
the Secretary to a veteran because of service-connected disability,
or to a surviving spouse, child, or parent of a veteran because of
the service-connected death of the veteran occurring before January
1, 1957.(14) The term ''dependency and indemnity compensation'' means a
monthly payment made by the Secretary to a surviving spouse, child,
or parent (A) because of a service-connected death occurring after
December 31, 1956, or (B) pursuant to the election of a surviving
spouse, child, or parent, in the case of such a death occurring
before January 1, 1957.(15) The term ''pension'' means a monthly or other periodic
payment made by the Secretary to a veteran because of service, age,
or non-service-connected disability, or to a surviving spouse or
child of a veteran because of the non-service-connected death of
the veteran.(16) The term ''service-connected'' means, with respect to
disability or death, that such disability was incurred or
aggravated, or that the death resulted from a disability incurred
or aggravated, in line of duty in the active military, naval, or
air service.(17) The term ''non-service-connected'' means, with respect to
disability or death, that such disability was not incurred or
aggravated, or that the death did not result from a disability
incurred or aggravated, in line of duty in the active military,
naval, or air service.(18) The term ''discharge or release'' includes (A) retirement
from the active military, naval, or air service, and (B) the
satisfactory completion of the period of active military, naval, or
air service for which a person was obligated at the time of entry
into such service in the case of a person who, due to enlistment or
reenlistment, was not awarded a discharge or release from such
period of service at the time of such completion thereof and who,
at such time, would otherwise have been eligible for the award of a
discharge or release under conditions other than dishonorable.(19) The term ''State home'' means a home established by a State
(other than a possession) for veterans disabled by age, disease, or
otherwise who by reason of such disability are incapable of earning
a living. Such term also includes such a home which furnishes
nursing home care for veterans.(20) The term ''State'' means each of the several States,
Territories, and possessions of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico. For the purpose of
section 2303 and chapters 34 and 35 of this title, such term also
includes the Canal Zone.(21) The term ''active duty'' means -
(A) full-time duty in the Armed Forces, other than active duty
for training;(B) full-time duty (other than for training purposes) as a
commissioned officer of the Regular or Reserve Corps of the
Public Health Service (i) on or after July 29, 1945, or (ii)
before that date under circumstances affording entitlement to
''full military benefits'' or (iii) at any time, for the purposes
of chapter 13 of this title;(C) full-time duty as a commissioned officer of the National
Oceanic and Atmospheric Administration or its predecessor
organization the Coast and Geodetic Survey (i) on or after July
29, 1945, or (ii) before that date (I) while on transfer to one
of the Armed Forces, or (II) while, in time of war or national
emergency declared by the President, assigned to duty on a
project for one of the Armed Forces in an area determined by the
Secretary of Defense to be of immediate military hazard, or (III)
in the Philippine Islands on December 7, 1941, and continuously
in such islands thereafter, or (iii) at any time, for the
purposes of chapter 13 of this title;(D) service as a cadet at the United States Military, Air
Force, or Coast Guard Academy, or as a midshipman at the United
States Naval Academy; and(E) authorized travel to or from such duty or service.
(22) The term ''active duty for training'' means -
(A) full-time duty in the Armed Forces performed by Reserves
for training purposes;(B) full-time duty for training purposes performed as a
commissioned officer of the Reserve Corps of the Public Health
Service (i) on or after July 29, 1945, or (ii) before that date
under circumstances affording entitlement to ''full military
benefits'', or (iii) at any time, for the purposes of chapter 13
of this title;(C) in the case of members of the Army National Guard or Air
National Guard of any State, full-time duty under section 316,
502, 503, 504, or 505 of title 32, or the prior corresponding
provisions of law;(D) duty performed by a member of a Senior Reserve Officers'
Training Corps program when ordered to such duty for the purpose
of training or a practice cruise under chapter 103 of title 10
for a period of not less than four weeks and which must be
completed by the member before the member is commissioned; and(E) authorized travel to or from such duty.
The term does not include duty performed as a temporary member of
the Coast Guard Reserve.(23) The term ''inactive duty training'' means -
(A) duty (other than full-time duty) prescribed for Reserves
(including commissioned officers of the Reserve Corps of the
Public Health Service) by the Secretary concerned under section
206 of title 37 or any other provision of law;(B) special additional duties authorized for Reserves
(including commissioned officers of the Reserve Corps of the
Public Health Service) by an authority designated by the
Secretary concerned and performed by them on a voluntary basis in
connection with the prescribed training or maintenance activities
of the units to which they are assigned; and(C) training (other than active duty for training) by a member
of, or applicant for membership (as defined in section 8140(g) of
title 5) in, the Senior Reserve Officers' Training Corps
prescribed under chapter 103 of title 10.
In the case of a member of the Army National Guard or Air National
Guard of any State, such term means duty (other than full-time
duty) under sections 316, 502, 503, 504, or 505 of title 32, or the
prior corresponding provisions of law. Such term does not include
(i) work or study performed in connection with correspondence
courses, (ii) attendance at an educational institution in an
inactive status, or (iii) duty performed as a temporary member of
the Coast Guard Reserve.(24) The term ''active military, naval, or air service'' includes
active duty, any period of active duty for training during which
the individual concerned was disabled or died from a disease or
injury incurred or aggravated in line of duty, and any period of
inactive duty training during which the individual concerned was
disabled or died from an injury incurred or aggravated in line of
duty.(25) The term ''Secretary concerned'' means -
(A) the Secretary of the Army, with respect to matters
concerning the Army;(B) the Secretary of the Navy, with respect to matters
concerning the Navy or the Marine Corps;(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force;(D) the Secretary of Transportation, with respect to matters
concerning the Coast Guard;(E) the Secretary of Health and Human Services, with respect to
matters concerning the Public Health Service; and(F) the Secretary of Commerce, with respect to matters
concerning the National Oceanic and Atmospheric Administration or
its predecessor organization the Coast and Geodetic Survey.(26) The term ''Reserve'' means a member of a reserve component
of one of the Armed Forces.(27) The term ''reserve component'' means, with respect to the
Armed Forces -(A) the Army Reserve;
(B) the Naval Reserve;
(C) the Marine Corps Reserve;
(D) the Air Force Reserve;
(E) the Coast Guard Reserve;
(F) the Army National Guard of the United States; and
(G) the Air National Guard of the United States.
(28) The term ''nursing home care'' means the accommodation of
convalescents or other persons who are not acutely ill and not in
need of hospital care, but who require nursing care and related
medical services, if such nursing care and medical services are
prescribed by, or are performed under the general direction of,
persons duly licensed to provide such care. Such term includes
services furnished in skilled nursing care facilities, in
intermediate care facilities, and in combined facilities. It does
not include domiciliary care.(29) The term ''Vietnam era'' means the following:
(A) The period beginning on February 28, 1961, and ending on
May 7, 1975, in the case of a veteran who served in the Republic
of Vietnam during that period.(B) The period beginning on August 5, 1964, and ending on May
7, 1975, in all other cases.(30) The term ''Mexican border period'' means the period
beginning on May 9, 1916, and ending on April 5, 1917, in the case
of a veteran who during such period served in Mexico, on the
borders thereof, or in the waters adjacent thereto.(31) The term ''spouse'' means a person of the opposite sex who
is a wife or husband.(32) The term ''former prisoner of war'' means a person who,
while serving in the active military, naval or air service, was
forcibly detained or interned in line of duty -(A) by an enemy government or its agents, or a hostile force,
during a period of war; or(B) by a foreign government or its agents, or a hostile force,
under circumstances which the Secretary finds to have been
comparable to the circumstances under which persons have
generally been forcibly detained or interned by enemy governments
during periods of war.(33) The term ''Persian Gulf War'' means the period beginning on
August 2, 1990, and ending on the date thereafter prescribed by
Presidential proclamation or by law.
Source: US HOUSE REP (1/2001)FIND ORIGINAL > CHECK ANNOTATIONS >