38 U.S.C. § 1162

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1162 - Clothing allowance

(a) ELIGIBILITY REQUIREMENTS.-The Secretary, under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $716¹ per year to each veteran who-

(1) because of a service-connected disability, wears or uses a prosthetic or orthopedic appliance (including a wheelchair) which the Secretary determines tends to wear out or tear the clothing of the veteran; or

(2) uses medication which-

(A) a physician has prescribed for a skin condition which is due to a service-connected disability; and

(B) the Secretary determines causes irreparable damage to the veteran's outergarments.

(b) CONTINUOUS NATURE OF PAYMENTS.-Payments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following:

(1) The date on which the veteran elects to no longer receive such payments.

(2) The date on which the Secretary determines the veteran is no longer eligible pursuant to subsection (c).

(c) REVIEWS OF CLAIMS.-

(1) The Secretary shall, in accordance with this subsection, conduct reviews of a claim on which a clothing allowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance.

(2) The Secretary shall prescribe standards for determining whether a claim for a clothing allowance is based on a veteran's wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication whose wear or tear or irreparable damage on a veteran's outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use.

(3)

(A) If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irreparable damage that is as likely as not subject to no change, the veteran shall continue to be deemed eligible for receipt of a clothing allowance under this section until the Secretary-

(i) receives notice under subparagraph (B); or

(ii) finds otherwise under subparagraph (C) or (D).

(B) The Secretary shall require a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, to notify the Secretary when the veteran terminates the wearing or use of such a prosthetic, orthopedic appliance, or medication.

(C) For each veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, the Secretary shall periodically review the veteran's Department records for evidence that the veteran has terminated the wearing or use of such a prosthetic, orthopedic appliance, or medication.

(D) If a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, has received such clothing allowance beyond the prescribed or intended lifespan of such prosthetic, orthopedic appliance, or medication, the Secretary may periodically request the veteran to attest to continued usage.

(4) If the Secretary determines that a claim for a clothing allowance under subsection (a) does not meet the requirements of paragraph (3)(A), then the Secretary may require the veteran to recertify the veteran's continued eligibility for a clothing allowance under this section periodically, but not more frequently than once each year.

(5) When reviewing a claim under this subsection, the Secretary shall evaluate the evidence presented by the veteran and such other relevant evidence as the Secretary determines appropriate.

(d) DETERMINATION REGARDING CONTINUED ELIGIBILITY.-If the Secretary determines, as the result of a review of a claim conducted under subsection (c), that the veteran who submitted such claim no longer meets the requirements specified in subsection (a), the Secretary shall-

(1) provide to the veteran notice of such determination that includes a description of applicable actions that may be taken following the determination, including the actions specified in section 5104C of this title; and

(2) discontinue the clothing allowance based on such claim.

¹See Special Benefit Allowance Rates note below.

38 U.S.C. § 1162

Added Pub. L. 92-328, title I, §103(a), June 30, 1972, 86 Stat. 394, §362; amended Pub. L. 94-71, title I, §103, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94-433, title III, §301, title IV, §404(24), Sept. 30, 1976, 90 Stat. 1377, 1379; Pub. L. 95-117, title III, §301, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95-479, title I, §103, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-128, title I, §103, Nov. 28, 1979, 93 Stat. 984; Pub. L. 96-385, title I, §103, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66, title I, §103, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97-253, title IV, §405(d), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97-306, title I, §§103, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98-223, title I, §103, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98-543, title I, §103, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99-238, title I, §103, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99-576, title I, §103, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100-227, title I, §103, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100-687, div. B, title XI, §1103, Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101-237, title I, §§103, Dec. 18, 1989, 112, Dec. 18, 1989, 103 Stat. 2063, 2065; Pub. L. 102-3, §4, Feb. 6, 1991, 105 Stat. 8; renumbered § 1162,Pub. L. 102-83, §5(a)1162,, 105 Stat. 406; Pub. L. 102-152, §4, Nov. 12, 1991, 105 Stat. 986; Pub. L. 103-78, §3, Aug. 13, 1993, 107 Stat. 768; Pub. L. 103-140, §4, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 105-98, §4, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106-118, §4, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107-94, §4, Dec. 21, 2001, 115 Stat. 901; Pub. L. 107-330, title III, §309(c), Dec. 6, 2002, 116 Stat. 2830; Pub. L. 108-454, title III, §307(c), Dec. 10, 2004, 118 Stat. 3613; Pub. L. 109-111, §2(c), Nov. 22, 2005, 119 Stat. 2363; Pub. L. 109-444, §9(c), Dec. 21, 2006, 120 Stat. 3315; Pub. L. 109-461, title X, §§1005(c), Dec. 22, 2006, 1006, Dec. 22, 2006, 120 Stat. 3467, 3468; Pub. L. 110-324, §3(c), Sept. 24, 2008, 122 Stat. 3551; Pub. L. 111-37, §3(c), June 30, 2009, 123 Stat. 1929; Pub. L. 117-328, div. U, title II, §201(b), Dec. 29, 2022, 136 Stat. 5446.

EDITORIAL NOTES

AMENDMENTS2022- Pub. L. 117-328 designated existing provisions as subsec. (a) and inserted heading, inserted comma after "The Secretary" in introductory provisions, and added subsecs. (b) to (d).Subsec. (a)(2). Pub. L. 117-328, §201(b)(2), substituted "which-"(A) a physician has prescribed for a skin condition which is due to a service-connected disability; and"(B) the Secretary determines causes irreparable damage to the veteran's outergarments." for "which (A) a physician has prescribed for a skin condition which is due to a service-connected disability, and (B) the Secretary determines causes irreparable damage to the veteran's outergarments." 2009- Pub. L. 111-37 substituted "$716" for "$677" in introductory provisions. 2008- Pub. L. 110-324 substituted "$677" for "$662" in introductory provisions. 2006- Pub. L. 109-461, §1006(b), provided that as of the enactment of Pub. L. 109-461 the amendments made by Pub. L. 109-444 were deemed for all purposes not to have taken effect and that Pub. L. 109-444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109-461 set out as a Coordination of Provisions With Pub. L. 109-444 note under section 101 of this title. Pub. L. 109-461, §1005(c), substituted "$662" for "$641". Pub. L. 109-444 which substituted "$662" for "$641", was terminated by Pub. L. 109-461, §1006(b). See Amendment notes above. 2005- Pub. L. 109-111 substituted "$641" for "$600".2004- Pub. L. 108-454 substituted "$600" for "$588".2002- Pub. L. 107-330 substituted "$588" for "$580". 2001- Pub. L. 107-94 substituted "$580" for "$546".1999- Pub. L. 106-118 substituted "$546" for "$528".1997- Pub. L. 105-98 substituted "$528" for "$478". 1993- Pub. L. 103-140 substituted "$478" for "$466". Pub. L. 103-78 substituted "$466" for "$452".1991- Pub. L. 102-152 substituted "$452" for "$436". Pub. L. 102-83 renumbered section 362 of this title as this section. Pub. L. 102-3 substituted "$436" for "$414".1989- Pub. L. 101-237, §112, substituted "Secretary under" for "Administrator under" and "Secretary shall" for "Administrator shall", and substituted "who-" and pars. (1) and (2) for "who because of disability which is compensable under the provisions of this chapter, wears or uses prosthetic or orthopedic appliance or appliances (including a wheelchair) which the Administrator determines tends to wear out or tear the clothing of such a veteran." Pub. L. 101-237, §103, substituted "$414" for "$395".1988- Pub. L. 100-687 substituted "$395" for "$380". 1987- Pub. L. 100-227 substituted "$380" for "$365".1986- Pub. L. 99-576 substituted "$365" for "$360". Pub. L. 99-238 substituted "$360" for "$349".1984- Pub. L. 98-543 substituted "$349" for "$338". Pub. L. 98-223 substituted "$338" for "$327".1982- Pub. L. 97-306, §§103, 107, 108, substituted "$327" for "$305" and repealed amendment made by Pub. L. 97-253, §405(d), eff. Oct. 1, 1982. Pub. L. 97-253, §405(d), (h), eff. Jan. 1, 1983, substituted "$304" for "$305" after "clothing allowance of". 1981- Pub. L. 97-66 substituted "$305" for "$274".1980- Pub. L. 96-385 substituted "$274" for "$240".1979- Pub. L. 96-128 substituted "$240" for "$218".1978- Pub. L. 95-479 substituted "$218" for "$203".1977- Pub. L. 95-117 substituted "$203" for "$190".1976- Pub. L. 94-433, §§301, 404, substituted "$190" for "$175" and "the Administrator shall prescribe" for "he shall prescribe". 1975- Pub. L. 94-71 substituted "$175" for "$150".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117-328, div. U, title II, §201(c), Dec. 29, 2022, 136 Stat. 5447, provided that: "The amendments made by subsection (b) [amending this section] shall apply with respect to-"(1) claims for clothing allowance submitted on or after the date of the enactment of this Act [Dec. 29, 2022]; and"(2) claims for clothing allowance submitted prior to the date of the enactment of this Act, if the veteran who submitted such claim is in receipt of the clothing allowance as of the date of the enactment of this Act."

EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111-37 effective Dec. 1, 2008, see section 3(g) of Pub. L. 111-37 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-324 effective Dec. 1, 2007, see section 3(f) of Pub. L. 110-324 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109-111 effective Dec. 1, 2005, see section 2(f) of Pub. L. 109-111 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7 of Pub. L. 107-94 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section 7 of Pub. L. 106-118 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7 of Pub. L. 105-98 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-140 effective Dec. 1, 1993, see section 7 of Pub. L. 103-140 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1991 AMENDMENTS Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section 7 of Pub. L. 102-152 set out as a note under section 1114 of this title. Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7 of Pub. L. 102-3 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 103 of Pub. L. 101-237 effective Dec. 1, 1989, see section 106 of Pub. L. 101-237 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100-687 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section 107 of Pub. L. 100-227 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99-576 set out as a note under section 1114 of this title. Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section 107 of Pub. L. 99-238 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1984 AMENDMENTS Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section 107 of Pub. L. 98-543 set out as a note under section 1114 of this title. Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section 107 of Pub. L. 98-223 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section 108 of Pub. L. 97-306 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97-66 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96-385 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96-128 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95-479 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501 of Pub. L. 95-117 set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section 406 of Pub. L. 94-433 set out as a note under section 1101 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section 301 of Pub. L. 94-71 set out as a note under section 1114 of this title.

EFFECTIVE DATESection effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92-328 set out as an Effective Date of 1972 Amendment note under section 1114 of this title.

REPEAL Section 405(d) of Pub. L. 97-253 cited as a credit to this section, was repealed by Pub. L. 97-306, §§107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.

DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION RATE INCREASESFor increases in rates and limitations on Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title.

SPECIAL BENEFIT ALLOWANCE RATES For current VA special benefit allowance rates, see www.va.gov/disability/compensation-rates/special-benefit-allowance-rates/