Title 38, Veterans' BenefitsRelease 119-110

§1812 Covered Birth Defects

Title 38 › PART II — GENERAL BENEFITS › CHAPTER 18 — BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS › SUBCHAPTER II — CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS › § 1812

Last updated Sep 22, 2026|Official source

Summary

The Secretary must list birth defects in children of women who served in the Republic of Vietnam during the Vietnam era that cause lasting physical or mental disability. The list excludes inherited family disorders, birth injuries, and newborn conditions with known causes; if clear proof shows a defect came from a cause other than that Vietnam service, the child gets no benefits.

Full Legal Text

Title 38, §1812

Veterans' Benefits, Source: USLM XML via OLRC

(a)Identification.—

The Secretary shall identify the birth defects of children of women Vietnam veterans that—

(1)are associated with the service of those veterans in the Republic of Vietnam during the Vietnam era; and

(2)result in permanent physical or mental disability.

(b)Limitations.—

(1)The birth defects identified under subsection (a) may not include birth defects resulting from the following:

(A)A familial disorder.

(B)A birth-related injury.

(C)A fetal or neonatal infirmity with well-established causes.

(2)In any case where affirmative evidence establishes that a covered birth defect of a child of a woman Vietnam veteran results from a cause other than the active military, naval, or air service of that veteran in the Republic of Vietnam during the Vietnam era, no benefits or assistance may be provided the child under this subchapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1812 was renumbered section 3712 of this title. Another prior section 1812, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1210, automatically guaranteed loans made to a veteran if made for the purpose of purchasing farms and farm equipment, prior to repeal by Pub. L. 93–569, § 7(a), Dec. 31, 1974, 88 Stat. 1866.

Reference

Citations & Metadata

Citation

38 U.S.C. § 1812

Title 38, Veterans' Benefits

Last Updated

Sep 22, 2026

Release point: 119-110