§2101A — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary can give VA benefits to active-duty service members who have disabilities caused or made worse by their military service. They get the same kinds of help and must meet the same rules as veterans in similar situations. Whenever the chapter talks about a “veteran,” it can also mean one of these active-duty members if they are in the same situation. The Secretary may also, at their choice, give these benefits to eligible people who live outside the United States, except not the benefits in section 2106. That is allowed only if the foreign country allows the person to have or get a beneficial property interest in the housing or residence, and the person has or will have that interest (as the Secretary decides). This does not apply to assistance under section 2102B. The Secretary must make rules about how to provide these benefits.

Title 38, §2101A

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)The Secretary may provide assistance under this chapter to a member of the Armed Forces serving on active duty who is suffering from a disability that meets applicable criteria for benefits under this chapter if the disability is incurred or aggravated in line of duty in the active military, naval, air, or space service. Such assistance shall be provided to the same extent as assistance is provided under this chapter to veterans eligible for assistance under this chapter and subject to the same requirements as veterans under this chapter.

(2)For purposes of this chapter, any reference to a veteran or eligible individual shall be treated as a reference to a member of the Armed Forces described in subsection (a) who is similarly situated to the veteran or other eligible individual so referred to.

(b)(1)Subject to paragraph (2), the Secretary may, at the Secretary’s discretion, provide benefits and assistance under this chapter (other than benefits under section 2106 of this title) to any individual otherwise eligible for such benefits and assistance who resides outside the United States.

(2)The Secretary may provide benefits and assistance to an individual under paragraph (1) only if—

(A)the country or political subdivision in which the housing or residence involved is or will be located permits the individual to have or acquire a beneficial property interest (as determined by the Secretary) in such housing or residence; and

(B)the individual has or will acquire a beneficial property interest (as so determined) in such housing or residence.

(c)Notwithstanding subsections (a) and (b), this section shall not apply to the provision of assistance under section 2102B of this title.

(d)Benefits and assistance under this chapter by reason of this section shall be provided in accordance with such regulations as the Secretary may prescribe.

Editorial Notes

Amendments

2021—Subsec. (a)(1). Pub. L. 116–283 substituted “air, or space service” for “or air service”. 2018—Subsecs. (c), (d). Pub. L. 115–177 added subsec. (c) and redesignated former subsec. (c) as (d).

§2101A Eligibility for benefits and assistance: members of the Armed Forces with service-connected disabilities; individuals residing outside the United States

Summary

Title 38, §2101A

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata