§1710D — Title 38 Veterans' Benefits | U.S. Code

Summary

Creates a VA program that provides long-term, post-acute rehab for veterans with traumatic brain injury. The program must offer residential, community, and home-based care. Care must use teams of different health professionals. The VA Secretary must run the program at every VA polytrauma rehabilitation center the Secretary names. A veteran can get this care if they are already eligible for VA hospital care under section 1710 and if they (1) served in a theater of combat operations during a war after the Persian Gulf War or in combat against a hostile force after November 11, 1998, (2) have a diagnosis of moderate to severe traumatic brain injury, and (3) cannot do routine daily activities without supervision or help, as decided by the VA Secretary. The VA Secretary must report to the Senate and House Committees on Veterans’ Affairs within one year after this law is enacted and every year after, describing how the program works, how many veterans were served in the prior year, and the program’s cost for the prior year.

Title 38, §1710D

Veterans' Benefits — Source: USLM XML via OLRC

(a)In developing plans for the rehabilitation and reintegration of individuals with traumatic brain injury under section 1710C of this title, the Secretary shall develop and carry out a comprehensive program of long-term care and rehabilitative services (as defined in section 1710C of this title) for post-acute traumatic brain injury rehabilitation that includes residential, community, and home-based components utilizing interdisciplinary teams.

(b)The Secretary shall carry out the program developed under subsection (a) in each Department polytrauma rehabilitation center designated by the Secretary.

(c)A veteran is eligible for care under the program developed under subsection (a) if the veteran is otherwise eligible to receive hospital care and medical services under section 1710 of this title and—

(1)served on active duty in a theater of combat operations (as determined by the Secretary in consultation with the Secretary of Defense) during a period of war after the Persian Gulf War, or in combat against a hostile force during a period of hostilities after November 11, 1998;

(2)is diagnosed as suffering from moderate to severe traumatic brain injury; and

(3)is unable to manage routine activities of daily living without supervision or assistance, as determined by the Secretary.

(d)Not later than one year after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report containing the following information:

(1)A description of the operation of the program.

(2)The number of veterans provided care under the program during the year preceding such report.

(3)The cost of operating the program during the year preceding such report.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsec. (d), is the date of enactment of Pub. L. 110–181, which was approved Jan. 28, 2008.

Amendments

2015—Subsec. (c)(1). Pub. L. 114–58 struck out “(as defined in section 1712A(a)(2)(B) of this title)” after “hostilities”. 2012—Subsec. (a). Pub. L. 112–154 inserted “and rehabilitative services (as defined in section 1710C of this title)” after “long-term care” and struck out “treatment” before “teams”.

§1710D Traumatic brain injury: comprehensive program for long-term rehabilitation