Definitions
For the purposes of this title—
The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person 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.
The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and section 8502(b) of this title) a person who is unmarried and—
who is under the age of eighteen years;
who, before attaining the age of eighteen years, became permanently incapable of self-support; or
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
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)—
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—
was less than eighteen years of age at the time of adoption;
is receiving one-half or more of such person’s annual support from such veteran;
is not in the custody of such person’s natural parent, unless such natural parent is such veteran’s spouse; and
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
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—
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
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.
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, air, or space 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, air, or space service.
The term “Spanish-American War” (A) means the period beginning on
The term “World War I” (A) means the period beginning on
The term “World War II” means (except for purposes of chapters 31 and 37 of this title) the period beginning on
The term “Korean conflict” means the period beginning on
The term “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components thereof.
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.
The term “veteran of any war” means any veteran who served in the active military, naval, air, or space service during a period of war.
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
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
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.
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, air, or space service.
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, air, or space service.
The term “discharge or release” includes (A) retirement from the active military, naval, air, or space service, and (B) the satisfactory completion of the period of active military, naval, air, or space 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.
The term “State home” means a home established by a State (other than a possession) or Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) 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.
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.
The term “active duty” means—
full-time duty in the Armed Forces, other than active duty for training;
full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps 1
full-time duty as a commissioned officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey (i) on or after
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
authorized travel to or from such duty or service.
The term “active duty for training” means—
full-time duty in the Armed Forces performed by Reserves for training purposes;
full-time duty for training purposes performed as a commissioned officer of the Reserve Corps 1 of the Public Health Service (i) on or after
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;
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
authorized travel to or from such duty.
The term does not include duty performed as a temporary member of the Coast Guard Reserve.
The term “inactive duty training” means—
duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps 1 of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10), by the Secretary concerned under section 206 of title 37 or any other provision of law;
special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps 1 of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10), 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
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.
The term “active military, naval, air, or space 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; or
from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident occurring during such training.
The term “Secretary concerned” means—
the Secretary of the Army, with respect to matters concerning the Army;
the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps;
the Secretary of the Air Force, with respect to matters concerning the Air Force or the Space Force;
the Secretary of Homeland Security, with respect to matters concerning the Coast Guard;
the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service; and
the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey.
The term “Reserve” means a member of a reserve component of one of the Armed Forces.
The term “reserve component” means, with respect to the Armed Forces—
the Army Reserve;
the Navy Reserve;
the Marine Corps Reserve;
the Air Force Reserve;
the Coast Guard Reserve;
the Army National Guard of the United States; and
the Air National Guard of the United States.
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.
The term “Vietnam era” means the following:
The period beginning on
The period beginning on
The term “Mexican border period” means the period beginning on
The term “spouse” means a person of the opposite sex who is a wife or husband.
The term “former prisoner of war” means a person who, while serving in the active military, naval air, or space service, was forcibly detained or interned in line of duty—
by an enemy government or its agents, or a hostile force, during a period of war; or
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.
The term “Persian Gulf War” means the period beginning on
The term “agency of original jurisdiction” means the activity which entered the original determination with regard to a claim for benefits under laws administered by the Secretary.
The term “relevant evidence” means evidence that tends to prove or disprove a matter in issue.
The term “supplemental claim” means a claim for benefits under laws administered by the Secretary filed by a claimant who had previously filed a claim for the same or similar benefits on the same or similar basis.
The term “toxic exposure” includes the following:
A toxic exposure risk activity, as defined in section 1710(e)(4) of this title.
An exposure to a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title.
The term “toxic-exposed veteran” means any veteran described in section 1710(e)(1) of this title.
Source
(Pub. L. 85–857,Notes
Editorial Notes
References in Text
Amendments
Statutory Notes and Related Subsidiaries
Change of Name
Effective Date of 2017 Amendment
In general.—
Except as otherwise provided in this subsection, the amendments made by this section [enacting sections 5104A to 5104C and 7113 of this title, amending this section and sections 5103 to 5104, 5108, 5109, 5109B, 5110, 5111, 5701, 5904, 7103 to 7105A, 7107, and 7111 of this title, and repealing sections 7106 and 7109 of this title] shall apply to all claims for which notice of a decision under section 5104 of title 38, United States Code, is provided by the Secretary of Veterans Affairs on or after the later of—
the date that is 540 days after the date of the enactment of this Act [
the date that is 30 days after the date on which the Secretary of Veterans Affairs submits to the appropriate committees of Congress—
a certification that the Secretary confirms, without delegation, that the Department of Veterans Affairs has the resources, personnel, office space, procedures, and information technology required—
to carry out the new appeals system;
to timely address appeals under the new appeals system; and
to timely address appeals of decisions on legacy claims; and
a summary of the expectations for performance outcomes that the Secretary used in making the certification under clause (i)(III) and a comparison of such expected performance outcomes with actual performance outcomes with respect to appeals of legacy claims before the effective date of the new appeals system.
Collaboration.—
In determining whether and when to make a certification under paragraph (1)(B), the Secretary shall collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate.
Early applicability.—
The Secretary may apply the new appeals system to a claim with respect to which the claimant—
receives a notice of a decision under section 5104 of such title after the date of the enactment of this Act and before the applicability date set forth in paragraph (1); and
elects to subject the claim to the new appeals system.
Phased rollout.—
The Secretary may begin implementation of the new appeals system in phases, with the first phase of such phased implementation beginning on the applicability date set forth in paragraph (1).
Treatment of legacy claims.—
With respect to legacy claims, upon the issuance to a claimant of a statement of the case or supplemental statement of the case occurring on or after the applicability date specified in paragraph (1), a claimant may elect to participate in the new appeals system.
Publication of applicability date.—
Not later than the date on which the new appeals system goes into effect (or the first phase of the new appeals system goes into effect under paragraph (4), as the case may be), the Secretary shall publish in the Federal Register such date.
Definitions.—
In this subsection:
Appropriate committees of congress.—
The term ‘appropriate committees of Congress’ means—
the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
Veterans service organization.—
The term ‘veterans service organization’ means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.”
Effective Date of 2006 Amendment
Effective Date of 2002 Amendment
Effective Date of 2001 Amendment
The amendments made by this section [amending this section and sections 1965 and 1967 to 1970 of this title] shall take effect on the first day of the first month that begins more than 120 days after the date of the enactment of this Act [
Each Secretary concerned, acting in consultation with the Secretary of Veterans Affairs, shall take such action as is necessary to ensure that during the period between the date of the enactment of this Act and the effective date determined under paragraph (1) each eligible member—
is furnished an explanation of the insurance benefits available for dependents under the amendments made by this section; and
is afforded an opportunity before such effective date to make elections that are authorized under those amendments to be made with respect to dependents.
For purposes of paragraph (2):
The term ‘Secretary concerned’ has the meaning given that term in section 101 of title 38, United States Code.
The term ‘eligible member’ means a member of the uniformed services described in subparagraph (A) or (C) of section 1967(a)(1) of title 38, United States Code, as amended by subsection (b)(1).”
Effective Date of 1996 Amendment
Effective Date of 1988 Amendment
Effective Date of 1982 Amendment
with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after
with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated before
Effective Date of 1978 Amendment
Effective Date of 1977 Amendments
Effective Date of 1975 Amendment
Effective Date of 1971 Amendment
Effective Date of 1970 Amendment
Effective Date of 1967 Amendment
Except as provided in subsections (b) and (c) of this section, this Act [see Tables for classification] shall become effective on the first day of the first calendar month which begins more than ten days after the date of enactment of this Act [
The amendments made by section 203 of this Act [amending sections 602 and 612 [now 1702 and 1712 of this title] shall become effective upon enactment [
The amendments made by title II [§§ 201–204] of this Act [amending this section] relating to the payment of burial benefits in the case of veterans of the Vietnam era shall become effective on the date of enactment of this Act [
Effective Date of 1965 Amendment
Short Title of 2026 Amendment
Short Title of 2025 Amendment
Short Title of 2024 Amendment
Short Title of 2023 Amendment
Short Title of 2022 Amendment
Short Title of 2021 Amendment
Short Title of 2020 Amendment
Short Title of 2019 Amendment
Short Title of 2018 Amendment
Short Title of 2017 Amendment
Short Title of 2016 Amendment
Short Title of 2015 Amendment
Short Title of 2014 Amendment
Short Title of 2013 Amendment
Short Title of 2012 Amendment
Short Title of 2011 Amendment
Short Title of 2010 Amendment
Short Title of 2009 Amendment
Short Title of 2008 Amendment
Short Title of 2007 Amendment
Short Title of 2006 Amendment
Short Title of 2005 Amendments
Short Title of 2004 Amendments
Short Title of 2003 Amendments
Short Title of 2002 Amendments
Short Title of 2001 Amendments
Short Title of 2000 Amendments
Short Title of 1999 Amendments
Short Title of 1998 Amendments
Short Title of 1997 Amendments
Short Title of 1996 Amendments
Short Title of 1995 Amendment
Short Title of 1994 Amendments
Short Title of 1993 Amendments
Short Title of 1992 Amendments
Short Title of 1991 Amendments
Short Title of 1990 Amendment
Short Title of 1989 Amendments
Short Title of 1988 Amendments
Short Title of 1987 Amendments
Short Title of 1986 Amendments
Short Title of 1985 Amendment
Short Title of 1984 Amendments
Short Title of 1983 Amendment
Short Title of 1982 Amendments
Short Title of 1981 Amendments
Short Title of 1980 Amendments
Short Title of 1979 Amendments
Short Title of 1978 Amendments
Short Title of 1977 Amendments
Short Title of 1976 Amendments
Short Title of 1975 Amendments
Short Title of 1974 Amendments
Short Title of 1973 Amendments
Short Title of 1972 Amendments
Short Title of 1971 Amendment
Short Title of 1970 Amendments
Short Title of 1967 Amendment
Short Title of 1966 Amendments
Short Title of 1959 Amendment
Construction of 2022 Amendment
Generally.—
Nothing in this Act [see Short Title of 2022 Amendment note set out above] shall be construed to prevent the Secretary of Veterans Affairs from processing claims for benefits under title 38, United States Code, for a condition or disease for which this Act establishes a presumption of service connection, as a claim for benefits for a condition or disease with direct service connection.
Effective Dates and Applicability.—
The Secretary shall not deny a claim for benefits under title 38, United States Code, for a condition or disease for which this Act establishes a presumption of service connection because the claimant filed the claim prior to the effective date or date of applicability for that particular condition or disease.”
Construction of 2017 Amendment
Transfer of Functions
Amendments to Tables of Contents by Pub. L. 117–168
Honoring as Veterans Certain Persons Who Performed Service in the Reserve Components of the Armed Forces
Coordination of Provisions With Pub. L. 109–444
Redesignation of Sections; Coordination of Redesignations With Other Amendments by Pub. L. 102–83
Redesignation of Sections To Conform To Chapter Numbers.—
Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.
Tables of Sections and Chapters.—
The tables of sections at the beginning of the chapters referred to in subsection (a) are revised so as to conform the section references in those tables to the redesignations made by that subsection.
The table of chapters before part I and the tables of chapters at the beginning of parts I, II, and III are revised so as to conform the section references in those tables to the redesignations made by subsection (a).
Cross-References.—
Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.
Any reference in a provision of law other than title 38, United States Code, to a section redesignated by subsection (a) shall be deemed to refer to the section as so redesignated.
Rule for Execution.—
The redesignations made by subsection (a) and the amendments made by subsections (b) and (c) shall be executed after any other amendments made by this Act [see Tables for classification].”
Study of Benefits Payable to Persons Residing Outside the United States; Report and Recommendations Not Later Than February 1, 1980
Disability Compensation or Dependency and Indemnity Compensation Award; Effective Date
Secretary and Department Defined
the term ‘Secretary’ means the Secretary of Veterans Affairs; and
the term ‘Department’ means the Department of Veterans Affairs.”