38 U.S.C. § 1821

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]
Section 1821 - Benefits for children of certain Korea service veterans born with spina bifida
(a) BENEFITS AUTHORIZED.-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) SPINA BIFIDA CONDITIONS COVERED.-This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.
(c) VETERAN OF COVERED SERVICE IN KOREA.-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) HERBICIDE AGENT.-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.

38 U.S.C. § 1821

Added Pub. L. 108-183, title I, §102(a)(2), Dec. 16, 2003, 117 Stat. 2653.

EDITORIAL NOTES

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

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.