38 U.S.C. § 1831 — Definitions
submitted 26 years ago by Pub. L. 106-419 to r/title-38-VETERANS-BENEFITS · 306 words · no verdicts yet
This section defines who counts as a child, covered child, covered veteran, Vietnam veteran, and the Vietnam era for this chapter. The definitions depend on the veteran’s service and, for some programs, the applicable dates.
In this chapter:
(1) “Child” means:
(A) for subchapters I and II, a person of any age or marital status who is the natural child of a Vietnam veteran* and was conceived after the veteran first entered the Republic of Vietnam during the Vietnam era*;
(B) for section 1821, a person of any age or marital status who is the natural child of a veteran of covered service in Korea, as that section determines, and was conceived after the veteran first entered the service described in that section’s subsection (c); and
(C) for section 1822, a person of any age or marital status who is the natural child of a veteran of covered service in Thailand, as that section determines, and was conceived after the veteran first entered the service described in that section’s subsection (c).
(2) “Covered child” means a child eligible for health care and benefits under this chapter.
(3) “Covered veteran” means a person whose children are eligible for health care and benefits under this chapter.
(4) “Vietnam veteran” means a person who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era, regardless of how that service was characterized.
(5) “Vietnam era” means, for (A) subchapter I, January 9, 1962, through May 7, 1975; and (B) subchapter II, February 28, 1961, through May 7, 1975.
In this chapter:
The term “child” means the following:
For purposes of subchapters I and II of this chapter, an individual, regardless of age or marital status, who—
is the natural child of a Vietnam veteran*; and
was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era*.
For purposes of section 1821 of this title, an individual, regardless of age or marital status, who—
is the natural child of a veteran of covered service in Korea (as determined for purposes of that section); and
was conceived after the date on which that veteran first entered service described in subsection (c) of that section.
For purposes of section 1822 of this title, an individual, regardless of age or marital status, who—
is the natural child of a veteran of covered service in Thailand (as determined for purposes of that section); and
was conceived after the date on which that veteran first entered service described in subsection (c) of that section.
The term “covered child” means a child who is eligible for health care and benefits under this chapter.
The term “covered veteran” means an individual whose children are eligible for health care and benefits under this chapter.
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.
The term “Vietnam era” with respect to—
subchapter I of this chapter, means the period beginning on January 9, 1962, and ending on May 7, 1975; and
subchapter II of this chapter, means the period beginning on February 28, 1961, and ending on May 7, 1975.
Source credit: (Added Pub. L. 106–419, title IV, § 401(b), Nov. 1, 2000, 114 Stat. 1859, § 1821; renumbered § 1831 and amended Pub. L. 108–183, title I, § 102(a)(1), (b), Dec. 16, 2003, 117 Stat. 2653, 2654; Pub. L. 116–23, § 4(b), June 25, 2019, 133 Stat. 971; Pub. L. 118–18, § 1(a), Oct. 6, 2023, 137 Stat. 103.)
- 2000Enacted · Pub. L. 106-419 · 114 Stat. 1859
- 2003Amended · Pub. L. 108-183 · 117 Stat. 2653, 2654
- 2019Amended · Pub. L. 116-23 · 133 Stat. 971
- 2023Amended · Pub. L. 118-18 · 137 Stat. 103
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-419 on 2000-11-01.
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