§1815 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must pay a monthly allowance to any eligible child for a disability caused by covered birth defects. How much the child gets depends on a rating system the Secretary must create with four levels of disability. Those levels can consider limits in thinking, talking, moving, daily self-care, and ability to work. Payments are: lowest level $100; lower intermediate the greater of $214 or the monthly amount in section 1805(b)(3) for that section’s lowest level; higher intermediate the greater of $743 or the section 1805(b)(3) intermediate amount; highest the greater of $1,272 or the section 1805(b)(3) highest amount. The listed dollar figures can be adjusted under section 5312.

Title 38, §1815

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary shall pay a monthly allowance to any eligible child for any disability resulting from the covered birth defects of that child.

(b)(1)The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered birth defects that is prescribed by the Secretary.

(2)In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability.

(c)The amount of the monthly allowance paid under this section shall be as follows:

(1)In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under subsection (b), $100.

(2)In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—

(A)$214; or

(B)the monthly amount payable under section 1805(b)(3) of this title for the lowest level of disability prescribed for purposes of that section.

(3)In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—

(A)$743; or

(B)the monthly amount payable under section 1805(b)(3) of this title for the intermediate level of disability prescribed for purposes of that section.

(4)In the case of a child suffering from the highest level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—

(A)$1,272; or

(B)the monthly amount payable under section 1805(b)(3) of this title for the highest level of disability prescribed for purposes of that section.

(d)Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be subject to adjustment from time to time under section 5312 of this title.

Editorial Notes

Prior Provisions

A prior section 1815 was renumbered section 3703(a)(2) of this title.

§1815 Monetary allowance

Summary

Title 38, §1815

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata