§1502 Determinations with respect to disability

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, § 3, Sept. 8, 1960, 74 Stat. 820; Pub. L. 87–815, § 7, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89–138, § 2(2), Aug. 26, 1965, 79 Stat. 578; Pub. L. 90–631, § 1(a), Oct. 23, 1968, 82 Stat. 1331; Pub. L. 92–540, title I, § 101(1), title III, § 301, Oct. 24, 1972, 86 Stat. 1074, 1080; Pub. L. 93–508, title I, § 101(2), Dec. 3, 1974, 88 Stat. 1578; Pub. L. 94–502, title I, § 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

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 L. 87–591, § 1, Aug. 16, 1962, 76 Stat. 393, which related to vocational rehabilitation for blinded veterans, was repealed by Pub. L. 89–138, § 2(3), Aug. 26, 1965, 79 Stat. 578.

2006—Subsec. (b)(2). Pub. L. 109–233 substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”. 2001—Subsec. (a). Pub. L. 107–103 substituted “such person is any of the following:” and pars. (1) to (4) for “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.” 1991—Pub. L. 102–83, § 5(a), renumbered section 502 of this title as this section. Subsec. (a)(2). Pub. L. 102–83, § 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, § 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, § 102(b), added cl. (1) and designated existing provisions as cl. (2). 1964—Subsec. (c). Pub. L. 88–664 added subsec. (c).

of 2001 Amendment Pub. L. 107–103, title II, § 206(b), Dec. 27, 2001, 115 Stat. 991, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of September 17, 2001.”

of 1990 Amendment Pub. L. 101–508, title VIII, § 8002(b), Nov. 5, 1990, 104 Stat. 1388–342, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to claims filed after October 31, 1990.”

of 1976 AmendmentAmendment 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.

of 1975 Amendment Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.

of 1967 AmendmentAmendment 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.

of 1964 AmendmentAmendment 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.