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Title 38, Veterans' BenefitsRelease 119-102

§1831 Definitions

Title 38 › PART II — GENERAL BENEFITS › CHAPTER 18 — BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS › SUBCHAPTER IV — GENERAL PROVISIONS › § 1831

Last updated Aug 21, 2026|Official source

Summary

Defines who counts as a child and other key words for the chapter. A "child" means a natural child, no matter their age or whether they are married. For the Vietnam rules, the child must have been conceived after the veteran first entered the Republic of Vietnam during the Vietnam era. For the Korea and Thailand rules (sections 1821 and 1822), the child must have been conceived after the veteran first entered the specific service period described in those sections. A "covered child" is a child who can get health care and benefits under the chapter. A "covered veteran" is someone whose children can get those benefits. A "Vietnam veteran" is anyone who did active military, naval, or air service in the Republic of Vietnam during the Vietnam era, no matter how their service was classified. "Vietnam era" means January 9, 1962 to May 7, 1975 for subchapter I, and February 28, 1961 to May 7, 1975 for subchapter II.

Full Legal Text

Title 38, §1831

Veterans' Benefits, Source: USLM XML via OLRC

In this chapter:
(1)The term “child” means the following:
(A)For purposes of subchapters I and II of this chapter, an individual, regardless of age or marital status, who—
(i)is the natural child of a Vietnam veteran; and
(ii)was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era.
(B)For purposes of section 1821 of this title, an individual, regardless of age or marital status, who—
(i)is the natural child of a veteran of covered service in Korea (as determined for purposes of that section); and
(ii)was conceived after the date on which that veteran first entered service described in subsection (c) of that section.
(C)For purposes of section 1822 of this title, an individual, regardless of age or marital status, who—
(i)is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and
(ii)was conceived after the date on which that veteran first entered service described in subsection (c) of that section.
(2)The term “covered child” means a child who is eligible for health care and benefits under this chapter.
(3)The term “covered veteran” means an individual whose children are eligible for health care and benefits under this chapter.
(4)The term “Vietnam veteran” means an individual who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, without regard to the characterization of that individual’s service.
(5)The term “Vietnam era” with respect to—
(A)subchapter I of this chapter, means the period beginning on January 9, 1962, and ending on May 7, 1975; and
(B)subchapter II of this chapter, means the period beginning on February 28, 1961, and ending on May 7, 1975.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1831 was renumbered section 3731 of this title.

Amendments

2023—Pars. (2) to (5). Pub. L. 118–18 added pars. (2) and (3) and redesignated former pars. (2) and (3) as (4) and (5), respectively. 2019—Par. (1)(B). Pub. L. 116–23, § 4(b)(1)(A), substituted “section 1821 of this title” for “subchapter III of this chapter” in introductory provisions. Par. (1)(B)(i). Pub. L. 116–23, § 4(b)(1)(B), substituted “that section” for “section 1821 of this title”. Par. (1)(C). Pub. L. 116–23, § 4(b)(2), added subpar. (C). 2003—Pub. L. 108–183, § 102(a)(1), renumbered section 1821 of this title as this section. Par. (1). Pub. L. 108–183, § 102(b), added par. (1) and struck out former par. (1) which read as follows: “The term ‘child’ means an individual, regardless of age or marital status, who— “(A) is the natural child of a Vietnam veteran; and “(B) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2019 AmendmentAmendment by Pub. L. 116–23 effective Jan. 1, 2020, see section 4(f) of Pub. L. 116–23, set out as an

Effective Date

note under section 1822 of this title.

Effective Date

Subchapter effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as a note under section 1811 of this title. Memorandum of Understanding Pub. L. 118–18, § 1(c), Oct. 6, 2023, 137 Stat. 104, provided that: “Not later than 90 days after the date of the enactment of this Act [Oct. 6, 2023], the Under Secretary for Benefits of the Department of Veterans Affairs and the Under Secretary for Health of the Department shall enter into a memorandum of understanding— “(1) to better assist covered children (as defined in section 1831 of title 38, United States Code, as amended by subsection (a)); and “(2) to establish conditions to be included in the report required by section 1836(c) of title 38, United States Code, as added by subsection (b).”

Reference

Citations & Metadata

Citation

38 U.S.C. § 1831

Title 38, Veterans' Benefits

Last Updated

Aug 21, 2026

Release point: 119-102