2013 US Code
Title 38 - Veterans’ Benefits
Part II - GENERAL BENEFITS (§§ 1101 - 2414)
Chapter 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE (§§ 1501 - 1562)
Subchapter I - GENERAL (§§ 1501 - 1508)
Section 1502 - Determinations with respect to disability
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 38 - VETERANS' BENEFITS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE SUBCHAPTER I - GENERAL Sec. 1502 - Determinations with respect to disability |
| Contains | section 1502 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | Yes |
| Disposition | standard |
| 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. |
| Statutes at Large References | 72 Stat. 1134, 1171 74 Stat. 820 76 Stat. 393, 927 78 Stat. 1095 79 Stat. 578 81 Stat. 178 82 Stat. 1331 86 Stat. 1074 88 Stat. 1578 89 Stat. 1017 90 Stat. 1369, 2384 104 Stat. 1388-342 105 Stat. 404-406 115 Stat. 990, 991 120 Stat. 415 |
| Public Law References | Public Law 85-857, Public Law 86-721, Public Law 87-591, Public Law 87-815, Public Law 88-664, Public Law 89-138, Public Law 90-77, Public Law 90-631, Public Law 92-540, Public Law 93-508, Public Law 94-169, Public Law 94-432, Public Law 94-502, Public Law 96-466, Public Law 101-508, Public Law 102-83, Public Law 107-103, Public Law 109-233 |
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(a) 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:
(1) A patient in a nursing home for long-term care because of disability.
(2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner.
(3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person.
(4) Suffering from—
(A) 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
(B) 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.
(b) 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.
(c) 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.
(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.)
PRIOR PROVISIONSPrior section 1502 was renumbered section 3102 of this title.
Another prior section 1502, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1171; Pub. L. 86–721, §3, Sept. 8, 1960, 74 Stat. 820; Pub. L. 87–815, §7, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89–138, §2(2), Aug. 26, 1965, 79 Stat. 578; Pub. L. 90–631, §1(a), Oct. 23, 1968, 82 Stat. 1331; Pub. L. 92–540, title I, §101(1), title III, §301, Oct. 24, 1972, 86 Stat. 1074, 1080; Pub. L. 93–508, title I, §101(2), Dec. 3, 1974, 88 Stat. 1578; Pub. L. 94–502, title I, §104(1), Oct. 15, 1976, 90 Stat. 2384, related to the basic entitlement of veterans with service-connected disabilities to vocational rehabilitation under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96–466. Section 802(a)(3) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1502 continue in effect until Mar. 31, 1981.
Prior section 1502A, Pub. L. 87–591, §1, Aug. 16, 1962, 76 Stat. 393, which related to vocational rehabilitation for blinded veterans, was repealed by Pub. L. 89–138, §2(3), Aug. 26, 1965, 79 Stat. 578.
AMENDMENTS2006—Subsec. (b)(2). Pub. L. 109–233 substituted "blind, or so nearly blind or significantly disabled as to" for "helpless or blind, or so nearly helpless or blind as to".
2001—Subsec. (a). Pub. L. 107–103 substituted "such person is any of the following:" and pars. (1) to (4) for "such a person is unemployable as a result of disability reasonably certain to continue throughout the life of the disabled person, or is suffering from—
"(1) 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 disabled person; or
"(2) 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."
1991—Pub. L. 102–83, §5(a), renumbered section 502 of this title as this section.
Subsec. (a)(2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".
1990—Subsec. (a). Pub. L. 101–508 amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: "For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is sixty-five years of age or older or became unemployable after age 65, or suffering from—".
1976—Subsec. (a). Pub. L. 94–432 inserted "or became unemployable after age 65," after "or older".
1975—Subsecs. (a) and (b). Pub. L. 94–169 substituted "such person" for "he".
Subsec. (c). Pub. L. 94–169 substituted "such veteran's" for "his" wherever appearing.
1967—Subsec. (a). Pub. L. 90–77, §102(a), provided for consideration of a person sixty-five years of age or older as permanently and totally disabled.
Subsec. (b). Pub. L. 90–77, §102(b), added cl. (1) and designated existing provisions as cl. (2).
1964—Subsec. (c). Pub. L. 88–664 added subsec. (c).
EFFECTIVE DATE OF 2001 AMENDMENTPub. L. 107–103, title II, §206(b), Dec. 27, 2001, 115 Stat. 991, provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of September 17, 2001."
EFFECTIVE DATE OF 1990 AMENDMENTPub. L. 101–508, title VIII, §8002(b), Nov. 5, 1990, 104 Stat. 1388–342, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to claims filed after October 31, 1990."
EFFECTIVE DATE OF 1976 AMENDMENTAmendment by Pub. L. 94–432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94–432, set out as a note under section 1521 of this title.
EFFECTIVE DATE OF 1975 AMENDMENTPub. L. 94–169, title I, §106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1967 AMENDMENTAmendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1964 AMENDMENTAmendment by Pub. L. 88–664 effective Jan. 1, 1965, see section 11 of Pub. L. 88–664, set out as a note under section 1503 of this title.
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