§1821 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary may give a child of a veteran who served in or near the Korean DMZ between September 1, 1967, and August 31, 1971, and was exposed to a herbicide agent, the same health care, job training and rehab, and money that children of Vietnam veterans with spina bifida get. It covers all kinds of spina bifida except spina bifida occulta. A "veteran of covered service in Korea" means any person, no matter how their service is described, who served in active military, naval, or air service in or near the Korean DMZ during those dates and who the Secretary, after consulting the Secretary of Defense, finds was exposed to a herbicide agent. A "herbicide agent" means a chemical in a herbicide used to support U.S. and allied military operations in or near the DMZ during that same period, as determined by the Secretary with the Secretary of Defense.

Title 38, §1821

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary may provide to any child of a veteran of covered service in Korea who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Korea were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter.

(b)This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.

(c)For purposes of this section, a veteran of covered service in Korea is any individual, without regard to the characterization of that individual’s service, who—

(1)served in the active military, naval, or air service in or near the Korean demilitarized zone (DMZ), as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971; and

(2)is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in or near the Korean demilitarized zone.

(d)For purposes of this section, the term “herbicide agent” means a chemical in a herbicide used in support of United States and allied military operations in or near the Korean demilitarized zone, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971.

Editorial Notes

Prior Provisions

A prior section 1821 was renumbered section 1831 of this title. Another prior section 1821 was renumbered section 3721 of this title.

§1821 Benefits for Children of Certain Korea Service Veterans Born with Spina Bifida

Summary

Title 38, §1821

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata