§1812 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must list birth defects in children of women Vietnam veterans that are linked to service in the Republic of Vietnam during the Vietnam era and that cause lasting physical or mental disability. The list does not cover inherited family conditions, birth injuries, or fetal/newborn problems with known causes; if clear evidence shows a listed defect was caused by something other than the mother's Vietnam service, the child gets no benefits under this part.

Title 38, §1812

Veterans' Benefits — Source: USLM XML via OLRC

(a)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)(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.

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.

§1812 Covered Birth Defects

Summary

Title 38, §1812

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata