§ 1802. Spina bifida conditions covered

This subchapter applies with respect to all forms and manifestations of spina bifida except spina bifida occulta.

§ 1803. Health care

• (a) In accordance with regulations which the Secretary shall prescribe, the Secretary shall provide a child of a Vietnam veteran who is suffering from spina bifida with health care under this section.
• (b) The Secretary may provide health care under this section directly or by contract or other arrangement with any health care provider.
• (c) For the purposes of this section—
  • (1) The term “health care”—
    • (A) means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and
    • (B) includes—
      • (i) the training of appropriate members of a child’s family or household in the care of the child; and
      • (ii) the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary.
  • (2) The term “health care provider” includes specialized spina bifida clinics, health care plans, insurers, organizations, institutions, and any other entity or individual furnishing health care services that the Secretary determines are authorized under this section.
  • (3) The term “home care” means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual’s home or other place of residence.
  • (4) The term “hospital care” means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient.
  • (5) The term “nursing home care” means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident.
  • (6) The term “outpatient care” means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care.
  • (7) The term “preventive care” means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary determines necessary to provide effective and economical preventive health care.
  • (8) The term “habilitative and rehabilitative care” means such professional, counseling, and guidance services and treatment programs (other than vocational training under section 1804 of this title ) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled person.
  • (9) The term “respite care” means care furnished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such private residence.

§ 1804. Vocational training and rehabilitation

• (a) Pursuant to such regulations as the Secretary may prescribe, the Secretary may provide vocational training under this section to a child of a Vietnam veteran who is suffering from spina bifida if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible.
• (b) Any program of vocational training for a child under this section shall—
  • (1) be designed in consultation with the child in order to meet the child’s individual needs;
  • (2) be set forth in an individualized written plan of vocational rehabilitation; and
  • (3) be designed and developed before the date specified in subsection (d)(3) so as to permit the beginning of the program as of the date specified in that subsection.
• (c)
  • (1) A vocational training program for a child under this section—
    • (A) shall consist of such vocationally oriented services and assistance, including such placement and post-placement services and personal and work adjustment training, as the Secretary determines are necessary to enable the child to prepare for and participate in vocational training or employment; and
    • (B) may include a program of education at an institution of higher learning if the Secretary determines that the program of education is predominantly vocational in content.
  • (2) A vocational training program under this section may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment.
• (d)
  • (1) Except as provided in paragraph (2) and subject to subsection (e)(2), a vocational training program under this section may not exceed 24 months.
  • (2) The Secretary may grant an extension of a vocational training program for a child under this section for up to 24 additional months if the Secretary determines that the extension is necessary in order for the child to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan of vocational rehabilitation formulated for the child pursuant to subsection (b).
  • (3) A vocational training program under this section may begin on the child’s 18th birthday, or on the successful completion of the child’s secondary schooling, whichever first occurs, except that, if the child is above the age of compulsory school attendance under applicable State law and the Secretary determines that the child’s best interests will be served thereby, the vocational training program may begin before the child’s 18th birthday.
• (e)
  • (1) A child who is pursuing a program of vocational training under this section and is also eligible for assistance under a program under chapter 35 of this title may not receive assistance under both such programs concurrently. The child shall elect (in such form and manner as the Secretary may prescribe) the program under which the child is to receive assistance.
  • (2) The aggregate period for which a child may receive assistance under this section and chapter 35 of this title may not exceed 48 months (or the part-time equivalent thereof).

§ 1805. Monetary allowance

• (a) The Secretary shall pay a monthly allowance under this section to any child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child.
• (b)
  • (1) The amount of the allowance paid to a child under this section shall be based on the degree of disability suffered by the child, as determined in accordance with such schedule for rating disabilities resulting from spina bifida as the Secretary may prescribe.
  • (2) The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish three levels of disability upon which the amount of the allowance provided by this section shall be based.
  • (3) The amounts of the allowance shall be $200 per month for the lowest level of disability prescribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability prescribed. Such amounts are subject to adjustment under section 5312 of this title .

§ 1811. Definitions

In this subchapter:

• (1) The term “eligible child” means an individual who—
  • (A) is the child (as defined in section 1831(1) of this title ) of a woman Vietnam veteran; and
  • (B) was born with one or more covered birth defects.
• (2) The term “covered birth defect” means a birth defect identified by the Secretary under section 1812 of this title .

§ 1812. Covered birth defects

• (a) 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)
  • (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.

§ 1813. Health care

• (a) The Secretary shall provide an eligible child such health care as the Secretary determines is needed by the child for that child’s covered birth defects or any disability that is associated with those birth defects.
• (b) The Secretary may provide health care under this section directly or by contract or other arrangement with a health care provider.
• (c) For purposes of this section, the definitions in section 1803(c) of this title shall apply with respect to the provision of health care under this section, except that for such purposes—
  • (1) the reference to “specialized spina bifida clinic” in paragraph (2) of that section shall be treated as a reference to a specialized clinic treating the birth defect concerned under this section; and
  • (2) the reference to “vocational training under section 1804 of this title ” in paragraph (8) of that section shall be treated as a reference to vocational training under section 1814 of this title .

§ 1814. Vocational training

• (a) The Secretary may provide a program of vocational training to an eligible child if the Secretary determines that the achievement of a vocational goal by the child is reasonably feasible.
• (b) Subsections (b) through (e) of section 1804 of this title shall apply with respect to any program of vocational training provided under subsection (a).

§ 1815. Monetary allowance

• (a) The Secretary shall pay a monthly allowance to any eligible child for any disability resulting from the covered birth defects of that child.
• (b)
  • (1) The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered birth defects that is prescribed by the Secretary.
  • (2) In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability.
• (c) The amount of the monthly allowance paid under this section shall be as follows:
  • (1) In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under subsection (b), $100.
  • (2) In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—
    • (A) $214; or
    • (B) the monthly amount payable under section 1805(b)(3) of this title for the lowest level of disability prescribed for purposes of that section.
  • (3) In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—
    • (A) $743; or
    • (B) the monthly amount payable under section 1805(b)(3) of this title for the intermediate level of disability prescribed for purposes of that section.
  • (4) In the case of a child suffering from the highest level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—
    • (A) $1,272; or
    • (B) the monthly amount payable under section 1805(b)(3) of this title for the highest level of disability prescribed for purposes of that section.
• (d) Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be subject to adjustment from time to time under section 5312 of this title .

§ 1816. Regulations

The Secretary shall prescribe regulations for purposes of the administration of this subchapter.

§ 1821. Benefits for children of certain Korea service veterans born with spina bifida

• (a) 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) This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.
• (c) 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) 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 .

§ 1822. Benefits for children of certain Thailand service veterans born with spina bifida

• (a) The Secretary may provide to any child of a veteran of covered service in Thailand 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 Thailand were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter.
• (b) This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.
• (c) For purposes of this section, a veteran of covered service in Thailand 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 Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962 , and ending on May 7, 1975 ; 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 Thailand.
• (d) 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 Thailand, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on January 9, 1962 , and ending on May 7, 1975 .

§ 1831. Definitions

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 “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.
• (3) 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 .

§ 1832. Applicability of certain administrative provisions

• (a) The provisions of this title specified in subsection (b) apply with respect to benefits and assistance under this chapter in the same manner as those provisions apply to compensation paid under chapter 11 of this title.
• (b) The provisions of this title referred to in subsection (a) are the following:
  • (1) Section 5101(c).
  • (2) Subsections (a), (b)(3), (g), and (i) of section 5110.
  • (3) Section 5111.
  • (4) Subsection (a) and paragraphs (1), (6), (9), and (10) of subsection (b) of section 5112.

§ 1833. Treatment of receipt of monetary allowance and other benefits

• (a) Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of the individual to receive any other benefit to which the individual is otherwise entitled under any law administered by the Secretary.
• (b) Notwithstanding any other provision of law, receipt by an individual of a monetary allowance under this chapter shall not impair, infringe, or otherwise affect the right of any other individual to receive any benefit to which such other individual is entitled under any law administered by the Secretary based on the relationship of such other individual to the individual who receives such monetary allowance.
• (c) Notwithstanding any other provision of law, a monetary allowance paid an individual under this chapter shall not be considered as income or resources in determining eligibility for, or the amount of benefits under, any Federal or federally assisted program.

§ 1834. Nonduplication of benefits

• (a) In the case of an eligible child under subchapter II of this chapter whose only covered birth defect is spina bifida, a monetary allowance shall be paid under subchapter I of this chapter. In the case of an eligible child under subchapter II of this chapter who has spina bifida and one or more additional covered birth defects, a monetary allowance shall be paid under subchapter II of this chapter. In the case of a child eligible for benefits under subchapter I or II of this chapter who is also eligible for benefits under subchapter III of this chapter, a monetary allowance shall be paid under the subchapter of this chapter elected by the child.
• (b) An individual may only be provided one program of vocational training under this chapter.