§1805 — Title 38 Veterans' Benefits | U.S. Code

Summary

The VA must pay a monthly benefit to any child of a Vietnam veteran who has a disability caused by spina bifida. How much the child gets depends on how serious the disability is, using a rating schedule the VA sets with three levels. The payments are $200 per month for the lowest level, $700 per month for the middle level, and $1,200 per month for the highest level. These amounts can be changed under section 5312 of Title 38.

Title 38, §1805

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary shall pay a monthly allowance under this section to any child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child.

(b)(1)The amount of the allowance paid to a child under this section shall be based on the degree of disability suffered by the child, as determined in accordance with such schedule for rating disabilities resulting from spina bifida as the Secretary may prescribe.

(2)The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish three levels of disability upon which the amount of the allowance provided by this section shall be based.

(3)The amounts of the allowance shall be $200 per month for the lowest level of disability prescribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability prescribed. Such amounts are subject to adjustment under section 5312 of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1805 was renumbered section 3705 of this title.

Amendments

2000—Subsec. (a). Pub. L. 106–419, § 401(e)(2), substituted “this section” for “this chapter”. Subsecs. (c), (d). Pub. L. 106–419, § 401(c)(2), struck out subsecs. (c) and (d) which read as follows: “(c) Notwithstanding any other provision of law, receipt by a child of an allowance under this section shall not impair, infringe, or otherwise affect the right of the child to receive any other benefit to which the child may otherwise be entitled under any law administered by the Secretary, nor shall receipt of such an allowance impair, infringe, or otherwise affect the right of any individual to receive any benefit to which the individual is entitled under any law administered by the Secretary that is based on the child’s relationship to the individual. “(d) Notwithstanding any other provision of law, the allowance paid to a child under this section shall not be considered income or resources in determining eligibility for or the amount of benefits under any Federal or federally assisted program.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–419 effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an

Effective Date

note under section 1811 of this title.

§1805 Monetary allowance

Summary

Title 38, §1805

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata