Title 38, Veterans' BenefitsRelease 119-110

§1815 Monetary Allowance

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 › § 1815

Last updated Sep 22, 2026|Official source

Summary

The Secretary must pay a monthly allowance to any eligible child who has a disability caused by covered birth defects. The payment depends on how severe the child’s disability is, using a four-level rating the Secretary creates that can look at thinking, talking, moving, day-to-day tasks, and ability to work. For the lowest level the payment is $100. For the lower-intermediate level the payment is the greater of $214 or the comparable monthly amount under the other benefit rule. For the higher-intermediate level the payment is the greater of $743 or the comparable monthly amount under the other benefit rule. For the highest level the payment is the greater of $1,272 or the comparable monthly amount under the other benefit rule. Those dollar amounts can be adjusted from time to time to match Social Security benefit increases.

Full Legal Text

Title 38, §1815

Veterans' Benefits, Source: USLM XML via OLRC

(a)Monetary Allowance.—
The Secretary shall pay a monthly allowance to any eligible child for any disability resulting from the covered birth defects of that child.
(b)Schedule for Rating Disabilities.—
(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)Amount of Monthly Allowance.—
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)Indexing to Social Security Benefit Increases.—
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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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

Reference

Citations & Metadata

Citation

38 U.S.C. § 1815

Title 38, Veterans' Benefits

Last Updated

Sep 22, 2026

Release point: 119-110