r/title-38-VETERANS-BENEFITS wiki — defined terms

“active duty” applies throughout this title

The term “active duty” means— (A) full-time duty in the Armed Forces, other than active duty for training; (B) full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps 1 of the Public Health Service (i) on or after July 29, 1945 , or (ii) before that date under circumstances affording entitlement to “full military benefits” or (iii) at any time, for the purposes of chapter 13 of this title; (C) full-time duty as a commissioned officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey (i) on or after July 29, 1945 , or (ii) before that date …

“active duty for training” applies throughout this title

The term “active duty for training” means— (A) full-time duty in the Armed Forces performed by Reserves for training purposes; (B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps 1 of the Public Health Service (i) on or after July 29, 1945 , or (ii) before that date under circumstances affording entitlement to “full military benefits”, or (iii) at any time, for the purposes of chapter 13 of this title; (C) in the case of members of the Army National Guard or Air National Guard of any State, full-time duty under section 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law; (D) duty performed by a member of a Senior …

“active military, naval, air, or space service” applies throughout this title

The term “active military, naval, air, or space service” includes— (A) active duty; (B) any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty; and (C) any period of inactive duty training during which the individual concerned was disabled or died— (i) from an injury incurred or aggravated in line of duty; or (ii) from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident occurring during such training.;

“agency of original jurisdiction” applies throughout this title

The term “agency of original jurisdiction” means the activity which entered the original determination with regard to a claim for benefits under laws administered by the Secretary.;

“Armed Forces” applies throughout this title

The term “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components thereof.;

“child” applies throughout this title

The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and section 8502(b) of this title ) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted …

“compensation” applies throughout this title

The term “compensation” means a monthly payment made by the Secretary to a veteran because of service-connected disability, or to a surviving spouse, child, or parent of a veteran because of the service-connected death of the veteran occurring before January 1, 1957 .;

“Department” applies throughout this title

The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.;

“dependency and indemnity compensation” applies throughout this title

The term “dependency and indemnity compensation” means a monthly payment made by the Secretary to a surviving spouse, child, or parent (A) because of a service-connected death occurring after December 31, 1956 , or (B) pursuant to the election of a surviving spouse, child, or parent, in the case of such a death occurring before January 1, 1957 .;

“discharge or release” applies throughout this title

The term “discharge or release” includes (A) retirement from the active military, naval, air, or space service, and (B) the satisfactory completion of the period of active military, naval, air, or space service for which a person was obligated at the time of entry into such service in the case of a person who, due to enlistment or reenlistment, was not awarded a discharge or release from such period of service at the time of such completion thereof and who, at such time, would otherwise have been eligible for the award of a discharge or release under conditions other than dishonorable.;

“former prisoner of war” applies throughout this title

The term “former prisoner of war” means a person who, while serving in the active military, naval air, or space service, was forcibly detained or interned in line of duty— (A) by an enemy government or its agents, or a hostile force, during a period of war; or (B) by a foreign government or its agents, or a hostile force, under circumstances which the Secretary finds to have been comparable to the circumstances under which persons have generally been forcibly detained or interned by enemy governments during periods of war.;

“inactive duty training” applies throughout this title

The term “inactive duty training” means— (A) duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps 1 of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10 ), by the Secretary concerned under section 206 of title 37 or any other provision of law; (B) special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps 1 of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10 ), by an authority designated by the Secretary concerned …

“Korean conflict” applies throughout this title

The term “Korean conflict” means the period beginning on June 27, 1950 , and ending on January 31, 1955 .;

“Mexican border period” applies throughout this title

The term “Mexican border period” means the period beginning on May 9, 1916 , and ending on April 5, 1917 , in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto.;

“non-service-connected” applies throughout this title

The term “non-service-connected” means, with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval, air, or space service.;

“nursing home care” applies throughout this title

The term “nursing home care” means the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require nursing care and related medical services, if such nursing care and medical services are prescribed by, or are performed under the general direction of, persons duly licensed to provide such care. Such term includes services furnished in skilled nursing care facilities, in intermediate care facilities, and in combined facilities. It does not include domiciliary care.;

“parent” applies throughout this title

The term “parent” means (except for purposes of chapter 19 of this title) a father, a mother, a father through adoption, a mother through adoption, or an individual who for a period of not less than one year stood in the relationship of a parent to a veteran at any time before the veteran’s entry into active military, naval, air, or space service or if two persons stood in the relationship of a father or a mother for one year or more, the person who last stood in the relationship of father or mother before the veteran’s last entry into active military, naval, air, or space service.

“pension” applies throughout this title

The term “pension” means a monthly or other periodic payment made by the Secretary to a veteran because of service, age, or non-service-connected disability, or to a surviving spouse or child of a veteran because of the non-service-connected death of the veteran.;

“period of war” applies throughout this title

The term “period of war” means the Spanish-American War, the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.;

“Persian Gulf War” applies throughout this title

The term “Persian Gulf War” means the period beginning on August 2, 1990 , and ending on the date thereafter prescribed by Presidential proclamation or by law.;

“relevant evidence” applies throughout this title

The term “relevant evidence” means evidence that tends to prove or disprove a matter in issue.;

“Reserve” applies throughout this title

The term “Reserve” means a member of a reserve component of one of the Armed Forces.;

“reserve component” applies throughout this title

The term “reserve component” means, with respect to the Armed Forces— (A) the Army Reserve; (B) the Navy Reserve; (C) the Marine Corps Reserve; (D) the Air Force Reserve; (E) the Coast Guard Reserve; (F) the Army National Guard of the United States; and (G) the Air National Guard of the United States.;

“Secretary” applies throughout this title

The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.;

“Secretary concerned” applies throughout this title

The term “Secretary concerned” means— (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force or the Space Force; (D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard; (E) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service; and (F) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic …

“service-connected” applies throughout this title

The term “service-connected” means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, air, or space service.;

“spouse” applies throughout this title

The term “spouse” means a person of the opposite sex who is a wife or husband.;

“State” applies throughout this title

The term “State” means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. For the purpose of section 2303 and chapters 34 and 35 of this title, such term also includes the Canal Zone.;

“State home” applies throughout this title

The term “State home” means a home established by a State (other than a possession) or Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) for veterans disabled by age, disease, or otherwise who by reason of such disability are incapable of earning a living. Such term also includes such a home which furnishes nursing home care for veterans.;

“supplemental claim” applies throughout this title

The term “supplemental claim” means a claim for benefits under laws administered by the Secretary filed by a claimant who had previously filed a claim for the same or similar benefits on the same or similar basis.;

“surviving spouse” applies throughout this title

The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4);

“toxic exposure” applies throughout this title

The term “toxic exposure” includes the following: (A) A toxic exposure risk activity, as defined in section 1710(e)(4) of this title . (B) An exposure to a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title .;

“toxic-exposed veteran” applies throughout this title

The term “toxic-exposed veteran” means any veteran described in section 1710(e)(1) of this title .

“veteran” applies throughout this title

The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.;

“veteran of any war” applies throughout this title

The term “veteran of any war” means any veteran who served in the active military, naval, air, or space service during a period of war.;

“Vietnam era” applies throughout this title

The term “Vietnam era” means the following: (A) The period beginning on November 1, 1955 , and ending on May 7, 1975 , in the case of a veteran who served in the Republic of Vietnam during that period. (B) The period beginning on August 5, 1964 , and ending on May 7, 1975 , in all other cases.;

“World War II” applies throughout this title

The term “World War II” means (except for purposes of chapters 31 and 37 of this title) the period beginning on December 7, 1941 , and ending on December 31, 1946 .;

“covered disease” applies in that section

the term “covered disease” means any of the following: (A) Acute myocardial infarction. (B) A cardiac arrest. (C) A cerebrovascular accident. (e) Each person who has incurred a disability as a result of an injury or disease described in subsection (b) shall be entitled to the same rights, privileges, and benefits under title 5 as a preference eligible described in section 2108(3)(C) of title 5 . (f) Service as a member of the Alaska Territorial Guard during World War II of any individual who was honorably discharged therefrom under section 8147 of the Department of Defense Appropriations Act, 2001, shall be considered active duty for purposes of all laws administered by the Secretary.

“eligible veteran” applies in that section

the term “eligible veteran” has the meaning given that term in section 1720G(a)(2) of this title . (f) The Secretary may provide for the purchase of printed reduced-fare requests for use by veterans and their authorized attendants when traveling at their own expense to or from any Department facility.

“Freely Associated States” applies in that section

the term “Freely Associated States” means— (A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 ( Public Law 99–239 ; 48 U.S.C. 1901 note); (B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 ( Public Law 99–239 ; 48 U.S.C.

“sequestration” applies in that section

The term “sequestration” means a reduction in spending authority and loan guarantee commitments generally throughout the Government under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901 et seq.) or any other law.;

“sequestration law” applies in that section

The term “sequestration law” means a law enacted with respect to a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901 et seq.) or any other law (under the procedures specified in that Act or otherwise).;

“sequestration order” applies in that section

The term “sequestration order” means an order of the President issued under part C of such Act.

“appropriations” applies in that section

The term “appropriations” has the meaning given that term in section 1511 of title 31 .;

“multiyear contract” applies in that section

The term “multiyear contract” means a contract which by its terms is to remain in effect for a period which extends beyond the end of the fiscal year during which the contract is entered into but not beyond the end of the fourth fiscal year following such fiscal year. Such term does not include a contract for construction or for a lease of real property.;

“nonrecurring, unrecovered costs” applies in that section

The term “nonrecurring, unrecovered costs” means those costs reasonably incurred by the contractor in performing a multiyear contract which (as determined under regulations prescribed under subsection (d) of this section) are generally incurred on a one-time basis.

“covered accounts of the Department” applies in that section

the term “covered accounts of the Department” means the following accounts of the Department of Veterans Affairs account: (1) Veterans Benefits Administration, Compensation and Pensions. (2) Veterans Benefits Administration, Readjustment Benefits. (3) Veterans Benefits Administration, Veterans Insurance and Indemnities. (4) Veterans Health Administration, Medical Services. (5) Veterans Health Administration, Medical Support and Compliance. (6) Veterans Health Administration, Medical Facilities. (7) Veterans Health Administration, Medical Community Care.

“report” applies in that section

the term “report” includes any certification, notification, or other communication in writing.

“minority group member” applies in that section

The term “minority group member” has the meaning given such term in section 544(d) of this title .

“veterans who are minorities” applies in that section

The term “veterans who are minorities” means veterans who are minority group members.;

“supervisory employee” applies in that section

The term “supervisory employee” means an employee of the Department who is a supervisor as defined in section 7103(a) of title 5 .;

“whistleblower” applies in that section

The term “whistleblower” means one who makes a whistleblower disclosure.;

“whistleblower disclosure” applies in that section

The term “whistleblower disclosure” means any disclosure of information by an employee of the Department or individual applying to become an employee of the Department which the employee or individual reasonably believes evidences— (A) a violation of a law, rule, or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.

“covered field office or facility” applies in that section

The term “covered field office or facility” means a Department office or facility outside the Central Office that is the permanent duty station for 25 or more employees or that is a free-standing outpatient clinic.;

“detailed plan and justification” applies in that section

The term “detailed plan and justification” means, with respect to an administrative reorganization, a written report that, at a minimum, includes the following: (A) Specification of the number of employees by which each covered office or facility affected is to be reduced, the responsibilities of those employees, and the means by which the reduction is to be accomplished. (B) Identification of any existing or planned office or facility at which the number of employees is to be increased and specification of the number and responsibilities of the additional employees at each such office or facility.

“covered conference” applies in that section

the term “covered conference” means a conference, meeting, or other similar forum that is sponsored or co-sponsored by the Department and is— (1) attended by 50 or more individuals, including one or more employees of the Department; or (2) estimated to cost the Department at least $20,000.

“covered property” applies in that section

the term “covered property” means a facility, structure, or real property of the Department or a major portion (such as a wing or floor) of any such facility, structure, or real property.

“non-Department individual” applies in that section

The term “non-Department individual” means any individual present at a facility of the Department who is not an employee or contractor of the Department.;

“sexual harassment” applies in that section

The term “sexual harassment” means unsolicited verbal or physical contact of a sexual nature which is threatening in character.

“special-disabilities programs” applies in that section

the term “special-disabilities programs” includes all programs administered by the Secretary for— (1) spinal-cord-injured veterans; (2) blind veterans; (3) veterans who have lost or lost the use of extremities; (4) hearing-impaired veterans; and (5) other veterans with serious incapacities in terms of daily life functions.

“minority group member” applies in that section

the term “minority group member” means an individual who is— (1) Asian American; (2) Black; (3) Hispanic; (4) Native American (including American Indian, Alaskan Native, and Native Hawaiian); or (5) Pacific-Islander American. (e) The Committee shall cease to exist September 30, 2026 .

“appropriate committees of Congress” applies in that section

The term “appropriate committees of Congress” means— (A) the Committee on Veterans’ Affairs and the Committee on Indian Affairs of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Natural Resources of the House of Representatives.;

“Indian tribe” applies in that section

The term “Indian tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).;

“Native American veteran” applies in that section

The term “Native American veteran” has the meaning given such term in section 3765 of this title .;

“Native Hawaiian organization” applies in that section

The term “Native Hawaiian organization” means any organization that— (A) serves the interests of Native Hawaiians; (B) has Native Hawaiians in substantive and policymaking positions within the organization; (C) has demonstrated experience working with Native Hawaiian veterans; and (D) shall include the Office of Hawaiian Affairs.;

“Office of Hawaiian Affairs” applies in that section

The term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the constitution of the State of Hawaii.;

“tribal organization” applies in that section

The term “tribal organization” has the meaning given such term in section 3765 of this title .;

“urban Indian organization” applies in that section

The term “urban Indian organization” has the meaning given such term in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 ).

“appropriate congressional committees” applies in that section

The term “appropriate congressional committees” means— (A) the Committee on Veterans’ Affairs of the House of Representatives; and (B) the Committee on Veterans’ Affairs of the Senate.;

“Committee” applies in that section

The term “Committee” means the Advisory Committee on United States Outlying Areas and Freely Associated States established under subsection (a).;

“covered veteran” applies in that section

The term “covered veteran” means a veteran residing in an area specified in subsection (c)(2)(A).;

“veterans service organization serving covered veterans” applies in that section

The term “veterans service organization serving covered veterans” means any organization that— (A) serves the interests of covered veterans; (B) has covered veterans in substantive and policymaking positions within the organization; and (C) has demonstrated experience working with covered veterans.

“employee” applies in that section

the term “employee” means any employee regardless of the authority under which the employee was hired. (f) Termination .— This section shall terminate on September 30, 2027 .

“open burn pit” applies in that section

the term “open burn pit” has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). (c) Coordination With Office of Personnel Management .— In implementing this section, the Secretary shall coordinate with the Director of the Office of Personnel Management. (d) Reports.— (1) In general .— For each quarter that the Secretary waives a limitation under this section, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate, the Committee on Veterans’ Affairs of the House of Representatives, and the Office of Personnel Management a report on the waiver or waivers.

“Senior Executive Service position” applies in that section

the term “Senior Executive Service position” has the meaning given such term in section 3132(a) of title 5 . (e) Student Loan Repayments .— (1) Subject to the provisions of this subsection, the Secretary may repay a student loan pursuant to section 5379(b) of title 5 . (2) Paragraph (2) of such section shall not apply to payment under this subsection.

“covered individual” applies in that section

The term “covered individual” means— (A) a career appointee (as that term is defined in section 3132(a)(4) of title 5 ); or (B) any individual who occupies an administrative or executive position and who was appointed under section 7306(a), section 7401(1), or section 7401(4) of this title .;

“misconduct” applies in that section

The term “misconduct” includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.;

“senior executive position” applies in that section

The term “senior executive position” means— (A) with respect to a career appointee (as that term is defined in section 3132(a) of title 5 ), a Senior Executive Service position (as such term is defined in such section); and (B) with respect to a covered individual appointed under section 7306(a) or section 7401(1) of this title , an administrative or executive position.

“covered individual” applies in that section

The term “covered individual” means an individual occupying a position at the Department, but does not include— (A) an individual occupying a senior executive position (as defined in section 713(d) of this title ); (B) an individual appointed pursuant to sections 7306, 7401(1), 7401(4), or 7405 of this title; (C) an individual who has not completed a probationary or trial period; or (D) a political appointee.;

“grade” applies in that section

The term “grade” has the meaning given such term in section 7511(a) of title 5 .;

“misconduct” applies in that section

The term “misconduct” includes neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.;

“political appointee” applies in that section

The term “political appointee” means an individual who is— (A) employed in a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); (B) a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5 ; or (C) employed in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or successor regulation.;

“suspend” applies in that section

The term “suspend” means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay for a period in excess of 14 days.;

“whistleblower disclosure” applies in that section

The term “whistleblower disclosure” has the meaning given such term in section 323(g) of this title .

“covered individual” applies in that section

the term “covered individual” means an employee of the Department— (1) who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or (2) against whom any disciplinary action is proposed or initiated under this title or title 5.

“covered service” applies in that section

The term “covered service” means, with respect to an individual subject to a removal for performance or misconduct under section 719 or 7461 of this title or any other provision of law, the period of service beginning on the date that the Secretary determines under such applicable provision that the individual engaged in activity that gave rise to such action and ending on the date that the individual is removed from or leaves a position of employment at the Department prior to the issuance of a final decision with respect to such action.;

“lump-sum credit” applies in that section

The term “lump-sum credit” has the meaning given such term in section 8331(8) or section 8401(19) of title 5 , as the case may be.;

“service” applies in that section

The term “service” has the meaning given such term in section 8331(12) or section 8401(26) of title 5 , as the case may be.

“political appointee” applies in that section

the term “political appointee” means an employee of the Department who holds— (1) a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character; or (2) a position in the Senior Executive Service as a noncareer appointee (as such term is defined in section 3132(a) of title 5 ).

“appropriate committees of Congress” applies in that section

The term “appropriate committees of Congress” means the Committees on Veterans’ Affairs and Appropriations of the Senate and House of Representatives.;

“career appointee” applies in that section

The term “career appointee” has the meaning given that term in section 3132(a) of title 5 .

“senior executive” applies in that section

The term “senior executive” means— (A) a career appointee; or (B) an individual— (i) in an administrative or executive position; and (ii) appointed under section 7306(a) or section 7401(1) of this title .;

“senior executive position” applies in that section

the term “senior executive position” has the meaning given such term in section 713(d) of this title .

“misuse” applies in that section

the term “misuse” means— (1) splitting purchases; (2) exceeding applicable purchase card limits or purchase thresholds; (3) purchasing any unauthorized item; (4) using a purchase card without being an authorized purchase card holder; or (5) violating ethics standards.

“whistleblower disclosure” applies in that section

the term “whistleblower disclosure” has the meaning given such term in section 323(g) of this title .

“whistleblower disclosure” applies in that section

the term “whistleblower disclosure” has the meaning given such term in section 323 of this title .

“Department participant” applies in that section

The term “Department participant” means an employee of the Veterans Benefits Administration or the Veterans Health Administration who is participating in the fellowship under this section.;

“private-sector entity” applies in that section

The term “private-sector entity” includes an entity operating under a public-private partnership.;

“private-sector participant” applies in that section

The term “private-sector participant” means an employee of a private-sector entity who is participating in the fellowship under this section.

“Department property” applies throughout its chapter

the term “Department property” means land and buildings that are under the jurisdiction of the Department and are not under control of the Administrator of General Services. (b) Regulations under subsection (a) shall include— (1) rules for conduct on Department property; and (2) the penalties, within the limits specified in subsection (c), for violations of such rules. (c) Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both.

“chronic disease” applies throughout its chapter

The term “chronic disease” includes— Anemia, primary Arteriosclerosis Arthritis Atrophy, progressive muscular Brain hemorrhage Brain thrombosis Bronchiectasis Calculi of the kidney, bladder, or gallbladder Cardiovascular-renal disease, including hypertension Cirrhosis of the liver Coccidioidomycosis Diabetes mellitus Encephalitis lethargica residuals Endocarditis Endocrinopathies Epilepsies Hansen’s disease Hodgkin’s disease Leukemia Lupus erythematosus, systemic Myasthenia gravis Myelitis Myocarditis Nephritis Organic diseases of the nervous system Osteitis deformans (Paget’s disease) Osteomalacia Palsy, bulbar Paralysis agitans Psychoses Purpura idiopathic, hemorrhagic Raynaud’s disease …

“period of war” applies throughout its chapter

The term “period of war” includes, in the case of any veteran— (A) any period of service performed by such veteran after November 11, 1918 , and before July 2, 1921 , if such veteran served in the active military, naval, air, or space service after April 5, 1917 , and before November 12, 1918 ; and (B) any period of continuous service performed by such veteran after December 31, 1946 , and before July 26, 1947 , if such period began before January 1, 1947 .;

“tropical disease” applies throughout its chapter

The term “tropical disease” includes— Amebiasis Blackwater fever Cholera Dracontiasis Dysentery Filiariasis Hansen’s disease Leishmaniasis, including kala-azar Loiasis Malaria Onchocerciasis Oroya fever Pinta Plague Schistosomiasis Yaws Yellow fever and such other tropical diseases as the Secretary may add to this list.

“veteran” applies throughout its chapter

The term “veteran” includes a person who died in the active military, naval, air, or space service.;

“social security increase” applies in that section

the term “social security increase” means the percentage by which benefit amounts payable under title II of the Social Security Act ( 42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a determination under section 215(i) of such Act ( 42 U.S.C. 415(i) ).

“radiation-exposed veteran” applies in that section

The term “radiation-exposed veteran” means (i) a veteran who, while serving on active duty, participated in a radiation-risk activity, or (ii) an individual who, while a member of a reserve component of the Armed Forces, participated in a radiation-risk activity during a period of active duty for training or inactive duty training.;

“radiation-risk activity” applies in that section

The term “radiation-risk activity” means any of the following: (i) Onsite participation in a test involving the atmospheric detonation of a nuclear device (without regard to whether the nation conducting the test was the United States or another nation). (ii) The occupation of Hiroshima or Nagasaki, Japan, by United States forces during the period beginning on August 6, 1945 , and ending on July 1, 1946 .

“covered service” applies in that section

the term “covered service” means active military, naval, air, or space service— (1) performed in the Republic of Vietnam during the period beginning on January 9, 1962 , and ending on May 7, 1975 ; (2) performed in Thailand at any United States or Royal Thai base during the period beginning on January 9, 1962 , and ending on June 30, 1976 , without regard to where on the base the veteran was located or what military job specialty the veteran performed; (3) performed in Laos during the period beginning on December 1, 1965 , and ending on September 30, 1969 ; (4) performed in Cambodia at Mimot or Krek, Kampong Cham Province during the period beginning on April 16, 1969 , and ending on April …

“herbicide agent” applies in that section

the term “herbicide agent” means a chemical in an herbicide used in support of the United States and allied military operations in the Republic of Vietnam during the period beginning on January 9, 1962 , and ending on May 7, 1975 .

“herbicide agent” applies in that section

the term “herbicide agent” has the meaning given that term in section 1116(a)(3) of this title .

“herbicide agent” applies in that section

the term “herbicide agent” has the meaning given such term in section 1821(d) of this title .

“Persian Gulf veteran” applies in that section

the term “Persian Gulf veteran” means a veteran who served on active duty in the Armed Forces in the Southwest Asia theater of operations, Afghanistan, Israel, Egypt, Turkey, Syria, or Jordan, during the Persian Gulf War. (g) For purposes of this section, signs or symptoms that may be a manifestation of an undiagnosed illness or a chronic multisymptom illness include the following: (1) Fatigue. (2) Unexplained rashes or other dermatological signs or symptoms. (3) Headache. (4) Muscle pain. (5) Joint pain. (6) Neurological signs and symptoms. (7) Neuropsychological signs or symptoms. (8) Signs or symptoms involving the upper or lower respiratory system. (9) Sleep disturbances.

“qualifying chronic disability” applies in that section

the term “qualifying chronic disability” means a chronic disability resulting from any of the following (or any combination of any of the following): (A) An undiagnosed illness. (B) A medically unexplained chronic multisymptom illness (such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome) that is defined by a cluster of signs or symptoms. (C) Any diagnosed illness that the Secretary determines in regulations prescribed under subsection (c) warrants a presumption of service-connection.

“covered veteran” applies in that section

The term “covered veteran” means any veteran who— (A) on or after August 2, 1990 , performed active military, naval, air, or space service while assigned to a duty station in, including airspace above— (i) Bahrain; (ii) Iraq; (iii) Kuwait; (iv) Oman; (v) Qatar; (vi) Saudi Arabia; (vii) Somalia; or (viii) United Arab Emirates; or (B) on or after September 11, 2001 , performed active military, naval, air, or space service while assigned to a duty station in, including airspace above— (i) Afghanistan; (ii) Djibouti; (iii) Egypt; (iv) Jordan; (v) Lebanon; (vi) Syria; (vii) Yemen; (viii) Uzbekistan; or (ix) any other country determined relevant by the Secretary.;

“exposure tracking record system” applies in that section

The term “exposure tracking record system”— (A) means any system, program, or pilot program used by the Secretary of Veterans Affairs or the Secretary of Defense to track how veterans or members of the Armed Forces have been exposed to various occupational or environmental hazards; and (B) includes the Individual Longitudinal Exposure Record, or successor system.;

“toxic exposure risk activity” applies in that section

The term “toxic exposure risk activity” has the meaning given such term in section 1710(e)(4) of this title .

“covered veteran” applies in that section

the term “covered veteran” has the meaning given that term in section 1119(c) of this title .

“qualified veteran” applies in that section

the term “qualified veteran” means a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who has been awarded a rating of total disability by reason of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities. (b) The Secretary shall make counseling services described in section 3104(a)(2) of this title and placement and postplacement services described in section 3104(a)(5) of this title available to each qualified veteran (whether or not the veteran is participating in a vocational rehabilitation program under chapter 31 of this title).

“covered mental health condition” applies in that section

The term “covered mental health condition” means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma.;

“military sexual trauma” applies in that section

The term “military sexual trauma” means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment during active military, naval, air, or space service.

“toxic exposure risk activity” applies in that section

the term “toxic exposure risk activity” has the meaning given that term in section 1710(e)(4) of this title .

“illness” applies throughout its subchapter

The term “illness” includes a disease or other condition affecting the health of an individual, including mental and physical health.;

“Individual Longitudinal Exposure Record” applies throughout its subchapter

The term “Individual Longitudinal Exposure Record” means the data system maintained under section 996 of title 10 .

“veteran” applies throughout its chapter

The term “veteran” includes a person who died in the active military, naval, air, or space service.

“social security increase” applies in that section

the term “social security increase” means the percentage by which benefit amounts payable under title II of the Social Security Act ( 42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a determination under section 215(i) of such Act ( 42 U.S.C. 415(i) ).

“active military or naval service” applies throughout its chapter

the term “active military or naval service” includes active service in those forces.;

“Civil War veteran” applies throughout its chapter

The term “Civil War veteran” includes a person who served in the military or naval forces of the Confederate States of America during the Civil War, and

“Indian Wars” applies throughout its chapter

The term “Indian Wars” means the campaigns, engagements, and expeditions of the United States military forces against Indian tribes or nations, service in which has been recognized heretofore as pensionable service.;

“period of war” applies throughout its chapter

The term “period of war” means the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.

“World War I” applies throughout its chapter

The term “World War I” includes, in the case of any veteran, any period of service performed by such veteran after November 11, 1918 , and before July 2, 1921 , if such veteran served in the active military, naval, or air service after April 5, 1917 , and before November 12, 1918 .;

“program period” applies in that section

the term “program period” means the period beginning on February 1, 1985 , and ending on December 31, 1995 . (b) (1) If the Secretary, based upon an evaluation under subsection (a) of this section, determines that the achievement of a vocational goal by a veteran is reasonably feasible, the veteran shall be offered and may elect to pursue a vocational training program under this subsection. If the veteran elects to pursue such a program, the program shall be designed in consultation with the veteran in order to meet the veteran’s individual needs and shall be set forth in an individualized written plan of vocational rehabilitation of the kind described in section 3107 of this title .

“terminated by reason of income from work or training” applies in that section

the term “terminated by reason of income from work or training” means terminated as a result of the veteran’s receipt of earnings from activity performed for remuneration or with gain, but only if the veteran’s annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran’s pension.

“veteran” applies in that section

the term “veteran” includes a person who has completed at least two years of honorable active military, naval, air, or space service, as certified by the Secretary concerned, but whose death in such service was not in line of duty.

“disability” applies throughout its chapter

The term “disability” means a disease, injury, or other physical or mental defect.;

“domiciliary care” applies throughout its chapter

The term “domiciliary care” includes necessary medical services and travel and incidental expenses pursuant to the provisions of section 111 of this title .;

“facilities of the Department” applies throughout its chapter

The term “facilities of the Department” means— (A) facilities over which the Secretary has direct jurisdiction; (B) Government facilities for which the Secretary contracts; and (C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under section 1710 of this title .;

“hospital care” applies throughout its chapter

The term “hospital care” includes— (A) (i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of section 111 of this title ; (B) such mental health services, consultation, professional counseling, marriage and family counseling, and training for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of section 1781(b) of this title …

“medical services” applies throughout its chapter

The term “medical services” includes, in addition to medical examination, treatment, and rehabilitative services, the following: (A) Surgical services. (B) Dental services and appliances as described in sections 1710 and 1712 of this title. (C) Optometric and podiatric services. (D) Preventive health services. (E) Noninstitutional extended care services, including alternatives to institutional extended care that the Secretary may furnish directly, by contract, or through provision of case management by another provider or payer.

“non-Department facilities” applies throughout its chapter

The term “non-Department facilities” means facilities other than Department facilities.;

“preventive health services” applies throughout its chapter

The term “preventive health services” means— (A) periodic medical and dental examinations; (B) patient health education (including nutrition education); (C) maintenance of drug use profiles, patient drug monitoring, and drug utilization education; (D) mental health preventive services; (E) substance abuse prevention measures; (F) chiropractic examinations and services; (G) immunizations against infectious diseases, including each immunization on the recommended adult immunization schedule at the time such immunization is indicated on that schedule; (H) prevention of musculoskeletal deformity or other gradually developing disabilities of a metabolic or degenerative nature; (I) genetic …

“recommended adult immunization schedule” applies throughout its chapter

The term “recommended adult immunization schedule” means the schedule established (and periodically reviewed and, as appropriate, revised) by the Advisory Committee on Immunization Practices established by the Secretary of Health and Human Services and delegated to the Centers for Disease Control and Prevention.

“rehabilitative services” applies throughout its chapter

The term “rehabilitative services” means such professional, counseling, chiropractic, and guidance services and treatment programs as are necessary to restore, to the maximum extent possible, the physical, mental, and psychological functioning of an ill or disabled person.;

“veteran of any war” applies throughout its chapter

The term “veteran of any war” includes any veteran awarded the Medal of Honor.;

“appropriate committees of Congress” applies in that section

The term “appropriate committees of Congress” means— (A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.;

“highly rural area” applies in that section

the term “highly rural area” means an area located in a county that has fewer than seven individuals residing in that county per square mile. (3) With respect to furnishing care or services under this section in Alaska, the Alaska Fee Schedule of the Department of Veterans Affairs shall be followed, except for when another payment agreement, including a contract or provider agreement, is in effect. (4) With respect to furnishing hospital care, medical services, or extended care services under this section in a State with an All-Payer Model Agreement under section 1814(b)(3) of the Social Security Act ( 42 U.S.C.

“medical service line” applies in that section

The term “medical service line” means a clinic within a Department medical center.

“Third Party Administrator” applies in that section

the term “Third Party Administrator” has the meaning given such term in section 1703B of this title . (q) Definitions .— In this section:;

“covered individual” applies in that section

the term “covered individual” means any individual eligible for hospital care, medical services, or extended care services under this title or any other law administered by the Secretary.

“appropriate committees of Congress” applies in that section

The term “appropriate committees of Congress” means— (A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.;

“covered veterans” applies in that section

The term “covered veterans” means veterans described in section 1703(b) of this title . (3) The term “inability to contract”, with respect to a Third Party Administrator, means the inability of the Third Party Administrator to successfully negotiate and establish a community care network contract with a provider or facility.;