§2109 — Title 38 Veterans' Benefits | U.S. Code

Summary

The VA can help a veteran whose specially adapted home, originally paid for with a grant, was destroyed or badly damaged by a natural or other disaster. The help applies even if the veteran already received a prior adaptive-housing grant. The help can pay to buy a suitable house with needed special fixtures or moveable equipment and any necessary land. It is given as if the veteran had never received a prior grant and does not reduce the program’s maximum uses or amounts. The payment cannot be more than the smaller of: (1) the reasonable repair or replacement cost beyond available insurance, as the Secretary decides, or (2) the maximum the veteran could have gotten under sections 2101(a), 2101(b), and 2102A if they had not previously received assistance.

Title 38, §2109

Veterans' Benefits — Source: USLM XML via OLRC

(a)Notwithstanding the provisions of section 2102 and 2102A of this title, the Secretary may provide assistance to a veteran whose home was previously adapted with assistance of a grant under this chapter in the event the adapted home which was being used and occupied by the veteran was destroyed or substantially damaged in a natural or other disaster, as determined by the Secretary.

(b)Subject to subsection (c), assistance provided under subsection (a) shall—

(1)be available to acquire a suitable housing unit with special fixtures or moveable facilities made necessary by the veteran’s disability, and necessary land therefor;

(2)be available to a veteran to the same extent as if the veteran had not previously received assistance under this chapter; and

(3)not be deducted from the maximum uses or from the maximum amount of assistance available under this chapter.

(c)The amount of the assistance provided under subsection (a) may not exceed the lesser of—

(1)the reasonable cost, as determined by the Secretary, of repairing or replacing the damaged or destroyed home in excess of the available insurance coverage on such home; or

(2)the maximum amount of assistance to which the veteran would have been entitled under section 2101(a), 2101(b), and 2102A of this title had the veteran not obtained previous assistance under this chapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–58 substituted “provisions of sections” for “provisions of section”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 112–154, title VII, § 701(g), Aug. 6, 2012, 126 Stat. 1205, provided that: “The

Amendments

made by this section [enacting this section and amending section 3108, 3120, 3703, and 3903 of this title] shall take effect on the date that is one year after the date of the enactment of this Act [Aug. 6, 2012].” Annual Report Pub. L. 112–154, title VII, § 701(f), Aug. 6, 2012, 126 Stat. 1204, provided that: “(1) In general.—Each year, the Secretary of Veterans Affairs shall submit to Congress a report on the assistance provided or action taken by the Secretary in the last fiscal year pursuant to the authorities added by the

Amendments

made by this section [enacting this section and amending section 3108, 3120, 3703, and 3903 of this title]. “(2) Elements.—Each report submitted under paragraph (1) shall include the following for the fiscal year covered by the report:“(A) A description of each natural disaster for which assistance was provided or action was taken as described in paragraph (1). “(B) The number of cases or individuals, as the case may be, in which or to whom the Secretary provided assistance or took action as described in paragraph (1). “(C) For each such case or individual, a description of the type or amount of assistance or action taken, as the case may be.”

§2109 Specially Adapted Housing Destroyed or Damaged by Natural Disasters

Summary

Title 38, §2109

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Amendments

Citations & Metadata