Title 38Veterans' BenefitsRelease 119-73

§109 Benefits for discharged members of allied forces

Title 38 › Part PART I— - GENERAL PROVISIONS › Chapter CHAPTER 1— - GENERAL › § 109

Last updated Apr 6, 2026|Official source

Summary

Lets the Secretary of Veterans Affairs provide medical, dental, hospital, transport, prosthetic, education, training, and similar veteran-type services to discharged members of allied governments from World War I or World War II when those governments ask for help and agree to pay back the costs in cash. Hospital stays in VA facilities are allowed only for emergencies or if there are extra beds. The Secretary can hire private, state, or other government hospitals and may pay court costs for committing mentally incompetent persons to mental health institutions. Money paid back to the Department for these services must go back into the same VA fund that paid the bills. The same kinds of services in subsection (a) are also available to people the Secretary finds served in Vietnam as members of the Republic of Korea forces during January 9, 1962 through May 7, 1975 (or any other period the Secretary sets). If a person entered allied service in World War II as a U.S. citizen and otherwise qualifies, they get the benefits of chapters 31 and 37 of this title the same as U.S. World War II veterans, unless they live outside the United States when they file or already got the same benefit from the foreign government. People who served in the Czechoslovakian or Polish forces in World War I or II, fought an enemy of the United States, and have been U.S. citizens for at least ten years may get hospital and domiciliary care and medical services under chapter 17 the same as U.S. veterans, unless a foreign program would pay for the same care. Applicants for those Czechoslovakian or Polish benefits must give certified service records from the French Ministry of Defense or the British War Office.

Full Legal Text

Title 38, §109

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)In consideration of reciprocal services extended to the United States, the Secretary, upon request of the proper officials of the government of any nation allied or associated with the United States in World War I (except any nation which was an enemy of the United States during World War II), or in World War II, may furnish to discharged members of the armed forces of such government, under agreements requiring reimbursement in cash of expenses so incurred, at such rates and under such regulations as the Secretary may prescribe, medical, surgical, and dental treatment, hospital care, transportation and traveling expenses, prosthetic appliances, education, training, or similar benefits authorized by the laws of such nation for its veterans, and services required in extending such benefits. Hospitalization in a Department facility shall not be afforded under this section, except in emergencies, unless there are available beds surplus to the needs of veterans of this country. The Secretary may also pay the court costs and other expenses incident to the proceedings taken for the commitment of such discharged members who are mentally incompetent to institutions for the care or treatment of the insane.
(2)The Secretary, in carrying out the provisions of this subsection, may contract for necessary services in private, State, and other Government hospitals.
(3)All amounts received by the Department as reimbursement for such services shall be credited to the current appropriation of the Department from which expenditures were made under this subsection.
(b)Persons who served in the active service in the armed forces of any government allied with the United States in World War II and who at time of entrance into such active service were citizens of the United States shall, by virtue of such service, and if otherwise qualified, be entitled to the benefits of chapters 31 and 37 of this title in the same manner and to the same extent as veterans of World War II are entitled. No such benefit shall be extended to any person who is not a resident of the United States at the time of filing claim, or to any person who has applied for and received the same or any similar benefit from the government in whose armed forces such person served.
(c)(1)Any person who served during World War I or World War II as a member of any armed force of the Government of Czechoslovakia or Poland and participated while so serving in armed conflict with an enemy of the United States and has been a citizen of the United States for at least ten years shall, by virtue of such service, and upon satisfactory evidence thereof, be entitled to hospital and domiciliary care and medical services within the United States under chapter 17 of this title to the same extent as if such service had been performed in the Armed Forces of the United States unless such person is entitled to, or would, upon application thereof, be entitled to, payment for equivalent care and services under a program established by the foreign government concerned for persons who served in its armed forces in World War I or World War II.
(2)In order to assist the Secretary in making a determination of proper service eligibility under this subsection, each applicant for the benefits thereof shall furnish an authenticated certification from the French Ministry of Defense or the British War Office as to records in either such Office which clearly indicate military service of the applicant in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great Britain during the period of World War I or World War II.
(d)(1)Any person described in paragraph (2) is eligible for the benefits specified in subsection (a) to the same extent and under the same conditions (including with respect to applicable reciprocity requirements) as a discharged member of the armed forces of a government specified in such subsection who is eligible for such benefits under such subsection.
(2)A person described in this paragraph is a person whom the Secretary determines served in Vietnam as a member of the armed forces of the Republic of Korea at any time during the period beginning on January 9, 1962, and ending on May 7, 1975, or such other period as determined appropriate by the Secretary for purposes of this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (d). Pub. L. 118–20 added subsec. (d). 1991—Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”. Subsec. (a)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (a)(3). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places. Subsec. (c)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1986—Subsec. (b). Pub. L. 99–576 substituted “such person” for “he”. 1976—Subsec. (c). Pub. L. 94–491 added subsec. (c).

Reference

Citations & Metadata

Citation

38 U.S.C. § 109

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73