38 U.S.C. § 1812

Current through P.L. 118-62 (published on www.congress.gov on 05/13/2024)

Section 1812 - Covered birth defects

(a) IDENTIFICATION.-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) LIMITATIONS.-

(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.

38 U.S.C. § 1812

Added Pub. L. 106-419, title IV, §401(a), Nov. 1, 2000, 114 Stat. 1857.

EDITORIAL NOTES

PRIOR PROVISIONSA 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.

Vietnam veteran

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.

child

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.