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

Summary

The Secretary may, if asked by the proper officials of a nation that was allied or associated with the United States in World War I (but not a nation that was an enemy of the United States in World War II) or in World War II, give discharged members of that nation’s armed forces medical care, surgery, dental care, hospital care, travel costs, prosthetic devices, education, training, or similar veteran benefits. The foreign government must agree to pay back the costs in cash under terms the Secretary sets. Hospital stays in VA facilities are allowed only for emergencies or when there are beds extra to the needs of U.S. veterans. The Secretary may hire private, State, or other government hospitals to provide care. Money paid back for these services must go into the same VA appropriation that paid the costs. People who were U.S. citizens when they entered active service in an allied government in World War II can get the benefits of chapters 31 and 37 if they qualify, but not if they are not U.S. residents when they file or if they already got the same benefit from the foreign government. Anyone who served in World War I or II in the Czechoslovak or Polish forces, fought an enemy of the U.S., and has been a U.S. citizen for at least ten years may get hospital and domiciliary care and medical services in the U.S. under chapter 17, unless they can get equivalent care from that foreign government. Such applicants must provide an authenticated certificate from the French Ministry of Defense or the British War Office showing their service records. Also, the Secretary may extend the subsection (a) benefits to people the Secretary finds served in Vietnam with the Republic of Korea between January 9, 1962, and May 7, 1975, or another period the Secretary sets.

Title 38, §109

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)In consideration of reciprocal services extended to the United States, the Secretary, upon request of the proper officials of the government of any nation allied or associated with the United States in World War I (except any nation which was an enemy of the United States during World War II), or in World War II, may furnish to discharged members of the armed forces of such government, under agreements requiring reimbursement in cash of expenses so incurred, at such rates and under such regulations as the Secretary may prescribe, medical, surgical, and dental treatment, hospital care, transportation and traveling expenses, prosthetic appliances, education, training, or similar benefits authorized by the laws of such nation for its veterans, and services required in extending such benefits. Hospitalization in a Department facility shall not be afforded under this section, except in emergencies, unless there are available beds surplus to the needs of veterans of this country. The Secretary may also pay the court costs and other expenses incident to the proceedings taken for the commitment of such discharged members who are mentally incompetent to institutions for the care or treatment of the insane.

(2)The Secretary, in carrying out the provisions of this subsection, may contract for necessary services in private, State, and other Government hospitals.

(3)All amounts received by the Department as reimbursement for such services shall be credited to the current appropriation of the Department from which expenditures were made under this subsection.

(b)Persons who served in the active service in the armed forces of any government allied with the United States in World War II and who at time of entrance into such active service were citizens of the United States shall, by virtue of such service, and if otherwise qualified, be entitled to the benefits of chapters 31 and 37 of this title in the same manner and to the same extent as veterans of World War II are entitled. No such benefit shall be extended to any person who is not a resident of the United States at the time of filing claim, or to any person who has applied for and received the same or any similar benefit from the government in whose armed forces such person served.

(c)(1)Any person who served during World War I or World War II as a member of any armed force of the Government of Czechoslovakia or Poland and participated while so serving in armed conflict with an enemy of the United States and has been a citizen of the United States for at least ten years shall, by virtue of such service, and upon satisfactory evidence thereof, be entitled to hospital and domiciliary care and medical services within the United States under chapter 17 of this title to the same extent as if such service had been performed in the Armed Forces of the United States unless such person is entitled to, or would, upon application thereof, be entitled to, payment for equivalent care and services under a program established by the foreign government concerned for persons who served in its armed forces in World War I or World War II.

(2)In order to assist the Secretary in making a determination of proper service eligibility under this subsection, each applicant for the benefits thereof shall furnish an authenticated certification from the French Ministry of Defense or the British War Office as to records in either such Office which clearly indicate military service of the applicant in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great Britain during the period of World War I or World War II.

(d)(1)Any person described in paragraph (2) is eligible for the benefits specified in subsection (a) to the same extent and under the same conditions (including with respect to applicable reciprocity requirements) as a discharged member of the armed forces of a government specified in such subsection who is eligible for such benefits under such subsection.

(2)A person described in this paragraph is a person whom the Secretary determines served in Vietnam as a member of the armed forces of the Republic of Korea at any time during the period beginning on January 9, 1962, and ending on May 7, 1975, or such other period as determined appropriate by the Secretary for purposes of this subsection.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (d). Pub. L. 118–20 added subsec. (d). 1991—Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”. Subsec. (a)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (a)(3). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places. Subsec. (c)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1986—Subsec. (b). Pub. L. 99–576 substituted “such person” for “he”. 1976—Subsec. (c). Pub. L. 94–491 added subsec. (c).

§109 Benefits for Discharged Members of Allied Forces

Summary

Title 38, §109

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata