38 U.S.C. § 1502 — Determinations with respect to disability
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 258 words · no verdicts yet
This section states when a person is considered permanently and totally disabled, in need of regular aid and attendance, or permanently housebound for this chapter.
For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is any of the following:
A patient in a nursing home for long-term care because of disability.
Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner.
Unemployable as a result of disability reasonably certain to continue throughout the life of the person.
Suffering from—
any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or
any disease or disorder determined by the Secretary* to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled.
For the purposes of this chapter, a person shall be considered to be in need of regular aid and attendance if such person is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.
For the purposes of this chapter, the requirement of “permanently housebound” will be considered to have been met when the veteran* is substantially confined to such veteran’s house (ward or clinical areas, if institutionalized) or immediate premises due to a disability or disabilities which it is reasonably certain will remain throughout such veteran’s lifetime.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 502; Pub. L. 88–664, § 6(b), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90–77, title I, § 102, Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–169, title I, § 106(2), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94–432, title II, § 201, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 101–508, title VIII, § 8002(a), Nov. 5, 1990, 104 Stat. 1388–342; renumbered § 1502 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 107–103, title II, § 206(a), Dec. 27, 2001, 115 Stat. 990; Pub. L. 109–233, title V, § 502(3), June 15, 2006, 120 Stat. 415.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1134
- 1964Amended · Pub. L. 88-664 · 78 Stat. 1095
- 1967Amended · Pub. L. 90-77 · 81 Stat. 178
- 1975Amended · Pub. L. 94-169 · 89 Stat. 1017
- 1976Amended · Pub. L. 94-432 · 90 Stat. 1369
- 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404
- 2001Amended · Pub. L. 107-103 · 115 Stat. 990
- 2006Amended · Pub. L. 109-233 · 120 Stat. 415
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.
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