1. U.S. Code
  2. title 38
  3. part II
  4. chapter 18
  5. subchapter IV
  6. § 1834

Collapse to view only § 1834. Nonduplication of benefits

§ 1831. DefinitionsIn this chapter:
(1) The term “child” means the following:
(A) For purposes of subchapters I and II of this chapter, an individual, regardless of age or marital status, who—
(i) is the natural child of a Vietnam veteran; and
(ii) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era.
(B) For purposes of section 1821 of this title, an individual, regardless of age or marital status, who—
(i) is the natural child of a veteran of covered service in Korea (as determined for purposes of that section); and
(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.
(C) For purposes of section 1822 of this title, an individual, regardless of age or marital status, who—
(i) is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and
(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.
(2) The term “covered child” means a child who is eligible for health care and benefits under this chapter.
(3) The term “covered veteran” means an individual whose children are eligible for health care and benefits under this chapter.
(4) The term “Vietnam veteran” means an individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of that individual’s service.
(5) The term “Vietnam era” with respect to—
(A) subchapter I of this chapter, means the period beginning on January 9, 1962, and ending on May 7, 1975; and
(B) subchapter II of this chapter, means the period beginning on February 28, 1961, and ending on May 7, 1975.
(Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1859, § 1821; renumbered § 1831 and amended Pub. L. 108–183, title I, § 102(a)(1), (b), Dec. 16, 2003, 117 Stat. 2653, 2654; Pub. L. 116–23, § 4(b), June 25, 2019, 133 Stat. 971; Pub. L. 118–18, § 1(a), Oct. 6, 2023, 137 Stat. 103.)

CITE AS: 38 USC 1831

§ 1832. Applicability of certain administrative provisions
(a)Applicability of Certain Provisions Relating to Compensation.—The provisions of this title specified in subsection (b) apply with respect to benefits and assistance under this chapter in the same manner as those provisions apply to compensation paid under chapter 11 of this title.
(b)Specified Provisions.—The provisions of this title referred to in subsection (a) are the following:
(1) Section 5101(c).
(2) Subsections (a), (b)(3), (g), and (i) of section 5110.
(3) Section 5111.
(4) Subsection (a) and paragraphs (1), (6), (9), and (10) of subsection (b) of section 5112.
(Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1859, § 1822; renumbered § 1832, Pub. L. 108–183, title I, § 102(a)(1), Dec. 16, 2003, 117 Stat. 2653; amended Pub. L. 114–58, title VI, § 601(8), Sept. 30, 2015, 129 Stat. 538.)

CITE AS: 38 USC 1832

§ 1833. Treatment of receipt of monetary allowance and other benefits
(a)Coordination With Other Benefits Paid to the Recipient.—Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of the individual to receive any other benefit to which the individual is otherwise entitled under any law administered by the Secretary.
(b)Coordination With Benefits Based on Relationship of Recipients.—Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which such other individual is entitled under any law administered by the Secretary based on the relationship of such other individual to the individual who receives such monetary allowance.
(c)Monetary Allowance Not To Be Considered as Income or Resources for Certain Purposes.—Notwithstanding any other provision of law, a monetary allowance paid an individual under this chapter shall not be considered as income or resources in determining eligibility for, or the amount of benefits under, any Federal or federally assisted program.
(Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1860, § 1823; renumbered § 1833, Pub. L. 108–183, title I, § 102(a)(1), Dec. 16, 2003, 117 Stat. 2653.)

CITE AS: 38 USC 1833

§ 1834. Nonduplication of benefits
(a)Monetary Allowance.—In the case of an eligible child under subchapter II of this chapter whose only covered birth defect is spina bifida, a monetary allowance shall be paid under subchapter I of this chapter. In the case of an eligible child under subchapter II of this chapter who has spina bifida and one or more additional covered birth defects, a monetary allowance shall be paid under subchapter II of this chapter. In the case of a child eligible for benefits under subchapter I or II of this chapter who is also eligible for benefits under subchapter III of this chapter, a monetary allowance shall be paid under the subchapter of this chapter elected by the child.
(b)Vocational Rehabilitation.—An individual may only be provided one program of vocational training under this chapter.
(Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1860, § 1824; renumbered § 1834 and amended, Pub. L. 108–183, title I, § 102(a)(1), (c), Dec. 16, 2003, 117 Stat. 2653, 2654.)

CITE AS: 38 USC 1834

§ 1835. Advisory council
(a)In General.—The Secretary shall establish an advisory council on health care and benefits for covered children.
(b)Membership.—The advisory council established under subsection (a) shall be composed of Federal employees.
(c)Duties.—The advisory council established under subsection (a) shall solicit feedback from covered children and covered veterans on the health care and benefits provided under this chapter and communicate such feedback to the Secretary.
(Added Pub. L. 118–18, § 1(b), Oct. 6, 2023, 137 Stat. 103.)

CITE AS: 38 USC 1835

§ 1836. Care and coordination teams
(a)In General.—The Secretary shall establish care and coordination teams for covered children.
(b)Outreach.—A care and coordination team established under subsection (a) shall attempt to contact each covered child—
(1) not less frequently than once every 180 days, to ensure the continued care of the child and assist with any changes in care needed due to a changed situation of the child; and
(2) as soon as practicable after the identification of a condition listed in the report required by subsection (c).
(c)Report.—Not later than 180 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report setting forth a list of conditions that will trigger outreach to covered children under subsection (b)(2).
(Added Pub. L. 118–18, § 1(b), Oct. 6, 2023, 137 Stat. 103.)

CITE AS: 38 USC 1836

§ 1837. Duration of health care and benefits provided
The Secretary shall provide a covered child with health care and benefits under this chapter—
(1) for the duration of the life of the child; and
(2) notwithstanding any death of a parent of the child that precedes the death of the child.
(Added Pub. L. 118–18, § 1(b), Oct. 6, 2023, 137 Stat. 104.)

CITE AS: 38 USC 1837

§ 1838. Biennial report
Not less frequently than once every two years, the Secretary shall submit to Congress a report setting forth the following:
(1) The number of covered children receiving health care or benefits under this chapter as of the date on which the report is submitted.
(2) The number of covered children for which the Department is paying for or providing a social worker as of such date.
(3) Metrics on outreach conducted under section 1836(b) of this title.
(Added Pub. L. 118–18, § 1(b), Oct. 6, 2023, 137 Stat. 104.)

CITE AS: 38 USC 1838