{"identifier":"/us/usc/t38/s101","title":38,"num":"\u00a7\u202f101.","heading":"Definitions","text":"\u00a7\u202f101.\nDefinitions\nFor the purposes of this title\u2014\n(1) The terms \u201cSecretary\u201d and \u201cDepartment\u201d mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.\n(2) The term \u201cveteran\u201d 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.\n(3) The term \u201csurviving spouse\u201d 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\u2019s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran\u2019s 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.\n(4)\n(A) The term \u201cchild\u201d 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\n(i) who is under the age of eighteen years;\n(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or\n(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;\nand who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran\u2019s household or was a member at the time of the veteran\u2019s death, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child\u2019s support or has been, before his death, judicially decreed to be the father of such child, or if he is otherwise shown by evidence satisfactory to the Secretary to be the father of such child. A person shall be deemed, as of the date of death of a veteran, to be the legally adopted child of such veteran if such person was at the time of the veteran\u2019s death living in the veteran\u2019s household and was legally adopted by the veteran\u2019s surviving spouse before\nAugust 26, 1961\n(B) For the purposes of subparagraph (A) of this paragraph, in the case of an adoption under the laws of any jurisdiction other than a State (as defined in\n(i) a person residing outside any of the States shall not be considered to be a legally adopted child of a veteran during the lifetime of such veteran (including for purposes of this subparagraph a Commonwealth Army veteran or new Philippine Scout, as defined in\n(I) was less than eighteen years of age at the time of adoption;\n(II) is receiving one-half or more of such person\u2019s annual support from such veteran;\n(III) is not in the custody of such person\u2019s natural parent, unless such natural parent is such veteran\u2019s spouse; and\n(IV) is residing with such veteran (or in the case of divorce following adoption, with the divorced spouse who is also an adoptive or natural parent) except for periods during which such person is residing apart from such veteran (or such divorced spouse) for purposes of full-time attendance at an educational institution or during which such person or such veteran (or such divorced spouse) is confined in a hospital, nursing home, other health-care facility, or other institution; and\n(ii) a person shall not be considered to have been a legally adopted child of a veteran as of the date of such veteran\u2019s death and thereafter unless\u2014\n(I) at any time within the one-year period immediately preceding such veteran\u2019s death, such veteran was entitled to and was receiving a dependent\u2019s allowance or similar monetary benefit under this title for such person; or\n(II) for a period of at least one year prior to such veteran\u2019s death, such person met the requirements of clause (i) of this subparagraph.\n(5) The term \u201cparent\u201d 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\u2019s 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\u2019s last entry into active military, naval, air, or space service.\n(6) The term \u201cSpanish-American War\u201d (A) means the period beginning on\nApril 21, 1898\nJuly 4, 1902\nApril 21, 1898\nJuly 15, 1903\n(7) The term \u201cWorld War I\u201d (A) means the period beginning on\nApril 6, 1917\nNovember 11, 1918\nApril 6, 1917\nApril 1, 1920\n(8) The term \u201cWorld War II\u201d means (except for purposes of chapters 31 and 37 of this title) the period beginning on\nDecember 7, 1941\nDecember 31, 1946\n(9) The term \u201cKorean conflict\u201d means the period beginning on\nJune 27, 1950\nJanuary 31, 1955\n(10) The term \u201cArmed Forces\u201d means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components thereof.\n(11) The term \u201cperiod of war\u201d 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.\n(12) The term \u201cveteran of any war\u201d means any veteran who served in the active military, naval, air, or space service during a period of war.\n(13) The term \u201ccompensation\u201d 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\nJanuary 1, 1957\n(14) The term \u201cdependency and indemnity compensation\u201d means a monthly payment made by the Secretary to a surviving spouse, child, or parent (A) because of a service-connected death occurring after\nDecember 31, 1956\nJanuary 1, 1957\n(15) The term \u201cpension\u201d 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.\n(16) The term \u201cservice-connected\u201d 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.\n(17) The term \u201cnon-service-connected\u201d 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.\n(18) The term \u201cdischarge or release\u201d 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.\n(19) The term \u201cState home\u201d 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 (\n25 U.S.C. 5304\n(20) The term \u201cState\u201d 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.\n(21) The term \u201cactive duty\u201d means\u2014\n(A) full-time duty in the Armed Forces, other than active duty for training;\n(B) full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps\n1\n1 See Change of Name note below.\nJuly 29, 1945\n(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\nJuly 29, 1945\nDecember 7, 1941\n(D) service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy; and\n(E) authorized travel to or from such duty or service.\n(22) The term \u201cactive duty for training\u201d means\u2014\n(A) full-time duty in the Armed Forces performed by Reserves for training purposes;\n(B) full-time duty for training purposes performed as a commissioned officer of the Reserve Corps\n1\nJuly 29, 1945\n(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;\n(D) duty performed by a member of a Senior Reserve Officers\u2019 Training Corps program when ordered to such duty for the purpose of training or a practice cruise under chapter 103 of title 10 for a period of not less than four weeks and which must be completed by the member before the member is commissioned; and\n(E) authorized travel to or from such duty.\nThe term does not include duty performed as a temporary member of the Coast Guard Reserve.\n(23) The term \u201cinactive duty training\u201d means\u2014\n(A) duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps\n1\nsection 101(e)(1) of title 10\nsection 206 of title 37\n(B) special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps\n1\nsection 101(e)(1) of title 10\n(C) training (other than active duty for training) by a member of, or applicant for membership (as defined in\nsection 8140(g) of title 5\nIn the case of a member of the Army National Guard or Air National Guard of any State, such term means duty (other than full-time duty) under sections 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law. Such term does not include (i) work or study performed in connection with correspondence courses, (ii) attendance at an educational institution in an inactive status, or (iii) duty performed as a temporary member of the Coast Guard Reserve.\n(24) The term \u201cactive military, naval, air, or space service\u201d includes\u2014\n(A) active duty;\n(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\n(C) any period of inactive duty training during which the individual concerned was disabled or died\u2014\n(i) from an injury incurred or aggravated in line of duty; or\n(ii) from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident occurring during such training.\n(25) The term \u201cSecretary concerned\u201d means\u2014\n(A) the Secretary of the Army, with respect to matters concerning the Army;\n(B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps;\n(C) the Secretary of the Air Force, with respect to matters concerning the Air Force or the Space Force;\n(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard;\n(E) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service; and\n(F) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey.\n(26) The term \u201cReserve\u201d means a member of a reserve component of one of the Armed Forces.\n(27) The term \u201creserve component\u201d means, with respect to the Armed Forces\u2014\n(A) the Army Reserve;\n(B) the Navy Reserve;\n(C) the Marine Corps Reserve;\n(D) the Air Force Reserve;\n(E) the Coast Guard Reserve;\n(F) the Army National Guard of the United States; and\n(G) the Air National Guard of the United States.\n(28) The term \u201cnursing home care\u201d 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.\n(29) The term \u201cVietnam era\u201d means the following:\n(A) The period beginning on\nNovember 1, 1955\nMay 7, 1975\n(B) The period beginning on\nAugust 5, 1964\nMay 7, 1975\n(30) The term \u201cMexican border period\u201d means the period beginning on\nMay 9, 1916\nApril 5, 1917\n(31) The term \u201cspouse\u201d means a person of the opposite sex who is a wife or husband.\n(32) The term \u201cformer prisoner of war\u201d means a person who, while serving in the active military, naval air, or space service, was forcibly detained or interned in line of duty\u2014\n(A) by an enemy government or its agents, or a hostile force, during a period of war; or\n(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.\n(33) The term \u201cPersian Gulf War\u201d means the period beginning on\nAugust 2, 1990\n(34) The term \u201cagency of original jurisdiction\u201d means the activity which entered the original determination with regard to a claim for benefits under laws administered by the Secretary.\n(35) The term \u201crelevant evidence\u201d means evidence that tends to prove or disprove a matter in issue.\n(36) The term \u201csupplemental claim\u201d 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.\n(37) The term \u201ctoxic exposure\u201d includes the following:\n(A) A toxic exposure risk activity, as defined in\nsection 1710(e)(4) of this title\n(B) An exposure to a substance, chemical, or airborne hazard identified in the list under\nsection 1119(b)(2) of this title\n(38) The term \u201ctoxic-exposed veteran\u201d means any veteran described in\nsection 1710(e)(1) of this title","url":"https://projectusc.org/usc/t38/s101.html","content":[{"t":"sec","id":"/us/usc/t38/s101","children":[{"t":"num","text":"\u00a7\u202f101."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"For the purposes of this title\u2014"},{"t":"para","id":"/us/usc/t38/s101/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The terms \u201cSecretary\u201d and \u201cDepartment\u201d mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The term \u201cveteran\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The term \u201csurviving spouse\u201d 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\u2019s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran\u2019s 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/4","children":[{"t":"num","text":"(4)"},{"t":"subpara","id":"/us/usc/t38/s101/4/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" The term \u201cchild\u201d 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 ","children":[{"t":"ref","text":"section 8502(b) of this title","href":"/us/usc/t38/s8502/b","tail":") a person who is unmarried and\u2014"}]},{"t":"clause","id":"/us/usc/t38/s101/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" who is under the age of eighteen years;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t38/s101/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" who, before attaining the age of eighteen years, became permanently incapable of self-support; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t38/s101/4/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran\u2019s household or was a member at the time of the veteran\u2019s death, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child\u2019s support or has been, before his death, judicially decreed to be the father of such child, or if he is otherwise shown by evidence satisfactory to the Secretary to be the father of such child. A person shall be deemed, as of the date of death of a veteran, to be the legally adopted child of such veteran if such person was at the time of the veteran\u2019s death living in the veteran\u2019s household and was legally adopted by the veteran\u2019s surviving spouse before ","children":[{"t":"text","text":"August 26, 1961","tail":", or within two years after the veteran\u2019s death; however, this sentence shall not apply if at the time of the veteran\u2019s death, such person was receiving regular contributions toward the person\u2019s support from some individual other than the veteran or the veteran\u2019s spouse, or from any public or private welfare organization which furnishes services or assistance for children. A person with respect to whom an interlocutory decree of adoption has been issued by an appropriate adoption authority shall be recognized thereafter as a legally adopted child, unless and until that decree is rescinded, if the child remains in the custody of the adopting parent or parents during the interlocutory period. A person who has been placed for adoption under an agreement entered into by the adopting parent or parents with any agency authorized under law to so act shall be recognized thereafter as a legally adopted child, unless and until such agreement is terminated, if the child remains in the custody of the adopting parent or parents during the period of placement for adoption under such agreement. A person described in clause (ii) of the first sentence of this subparagraph who was a member of a veteran\u2019s household at the time the person became 18 years of age and who is adopted by the veteran shall be recognized as a legally adopted child of the veteran regardless of the age of such person at the time of adoption."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/4/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" For the purposes of subparagraph (A) of this paragraph, in the case of an adoption under the laws of any jurisdiction other than a State (as defined in ","children":[{"t":"ref","text":"section 101(20) of this title","href":"/us/usc/t38/s101/20","tail":" and including the Commonwealth of the Northern Mariana Islands)\u2014"}]},{"t":"clause","id":"/us/usc/t38/s101/4/B/i","children":[{"t":"num","text":"(i)"},{"t":"chapeau","text":" a person residing outside any of the States shall not be considered to be a legally adopted child of a veteran during the lifetime of such veteran (including for purposes of this subparagraph a Commonwealth Army veteran or new Philippine Scout, as defined in ","children":[{"t":"ref","text":"section 3566 of this title","href":"/us/usc/t38/s3566","tail":") unless such person\u2014"}]},{"t":"subclause","id":"/us/usc/t38/s101/4/B/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" was less than eighteen years of age at the time of adoption;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t38/s101/4/B/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" is receiving one-half or more of such person\u2019s annual support from such veteran;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t38/s101/4/B/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" is not in the custody of such person\u2019s natural parent, unless such natural parent is such veteran\u2019s spouse; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t38/s101/4/B/i/IV","children":[{"t":"num","text":"(IV)"},{"t":"content","text":" is residing with such veteran (or in the case of divorce following adoption, with the divorced spouse who is also an adoptive or natural parent) except for periods during which such person is residing apart from such veteran (or such divorced spouse) for purposes of full-time attendance at an educational institution or during which such person or such veteran (or such divorced spouse) is confined in a hospital, nursing home, other health-care facility, or other institution; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t38/s101/4/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" a person shall not be considered to have been a legally adopted child of a veteran as of the date of such veteran\u2019s death and thereafter unless\u2014"},{"t":"subclause","id":"/us/usc/t38/s101/4/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" at any time within the one-year period immediately preceding such veteran\u2019s death, such veteran was entitled to and was receiving a dependent\u2019s allowance or similar monetary benefit under this title for such person; or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t38/s101/4/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" for a period of at least one year prior to such veteran\u2019s death, such person met the requirements of clause (i) of this subparagraph.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" The term \u201cparent\u201d 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\u2019s 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\u2019s last entry into active military, naval, air, or space service.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" The term \u201cSpanish-American War\u201d (A) means the period beginning on ","children":[{"t":"text","text":"April 21, 1898","tail":", and ending on "},{"t":"text","text":"July 4, 1902","tail":", (B) includes the Philippine Insurrection and the Boxer Rebellion, and (C) in the case of a veteran who served with the United States military forces engaged in hostilities in the Moro Province, means the period beginning on "},{"t":"text","text":"April 21, 1898","tail":", and ending on "},{"t":"text","text":"July 15, 1903","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" The term \u201cWorld War I\u201d (A) means the period beginning on ","children":[{"t":"text","text":"April 6, 1917","tail":", and ending on "},{"t":"text","text":"November 11, 1918","tail":", and (B) in the case of a veteran who served with the United States military forces in Russia, means the period beginning on "},{"t":"text","text":"April 6, 1917","tail":", and ending on "},{"t":"text","text":"April 1, 1920","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" The term \u201cWorld War II\u201d means (except for purposes of chapters 31 and 37 of this title) the period beginning on ","children":[{"t":"text","text":"December 7, 1941","tail":", and ending on "},{"t":"text","text":"December 31, 1946","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" The term \u201cKorean conflict\u201d means the period beginning on ","children":[{"t":"text","text":"June 27, 1950","tail":", and ending on "},{"t":"text","text":"January 31, 1955","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" The term \u201cArmed Forces\u201d means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components thereof.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/11","children":[{"t":"num","text":"(11)"},{"t":"content","text":" The term \u201cperiod of war\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/12","children":[{"t":"num","text":"(12)"},{"t":"content","text":" The term \u201cveteran of any war\u201d means any veteran who served in the active military, naval, air, or space service during a period of war.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/13","children":[{"t":"num","text":"(13)"},{"t":"content","text":" The term \u201ccompensation\u201d 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 ","children":[{"t":"text","text":"January 1, 1957","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/14","children":[{"t":"num","text":"(14)"},{"t":"content","text":" The term \u201cdependency and indemnity compensation\u201d means a monthly payment made by the Secretary to a surviving spouse, child, or parent (A) because of a service-connected death occurring after ","children":[{"t":"text","text":"December 31, 1956","tail":", or (B) pursuant to the election of a surviving spouse, child, or parent, in the case of such a death occurring before "},{"t":"text","text":"January 1, 1957","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/15","children":[{"t":"num","text":"(15)"},{"t":"content","text":" The term \u201cpension\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/16","children":[{"t":"num","text":"(16)"},{"t":"content","text":" The term \u201cservice-connected\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/17","children":[{"t":"num","text":"(17)"},{"t":"content","text":" The term \u201cnon-service-connected\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/18","children":[{"t":"num","text":"(18)"},{"t":"content","text":" The term \u201cdischarge or release\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/19","children":[{"t":"num","text":"(19)"},{"t":"content","text":" The term \u201cState home\u201d 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 (","children":[{"t":"ref","text":"25 U.S.C. 5304","href":"/us/usc/t25/s5304","tail":")) 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."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/20","children":[{"t":"num","text":"(20)"},{"t":"content","text":" The term \u201cState\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/21","children":[{"t":"num","text":"(21)"},{"t":"chapeau","text":" The term \u201cactive duty\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t38/s101/21/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" full-time duty in the Armed Forces, other than active duty for training;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/21/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee Change of Name note below."},{"t":"text","text":"\u202fSee Change of Name note below.","tail":" of the Public Health Service (i) on or after "},{"t":"text","text":"July 29, 1945","tail":", or (ii) before that date under circumstances affording entitlement to \u201cfull military benefits\u201d or (iii) at any time, for the purposes of chapter 13 of this title;"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/21/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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 ","children":[{"t":"text","text":"July 29, 1945","tail":", or (ii) before that date (I) while on transfer to one of the Armed Forces, or (II) while, in time of war or national emergency declared by the President, assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard, or (III) in the Philippine Islands on "},{"t":"text","text":"December 7, 1941","tail":", and continuously in such islands thereafter, or (iii) at any time, for the purposes of chapter 13 of this title;"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/21/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/21/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" authorized travel to or from such duty or service.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/22","children":[{"t":"num","text":"(22)"},{"t":"chapeau","text":" The term \u201cactive duty for training\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t38/s101/22/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" full-time duty in the Armed Forces performed by Reserves for training purposes;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/22/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" full-time duty for training purposes performed as a commissioned officer of the Reserve Corps\u202f","children":[{"t":"text","text":"1","tail":" of the Public Health Service (i) on or after "},{"t":"text","text":"July 29, 1945","tail":", or (ii) before that date under circumstances affording entitlement to \u201cfull military benefits\u201d, or (iii) at any time, for the purposes of chapter 13 of this title;"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/22/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/22/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" duty performed by a member of a Senior Reserve Officers\u2019 Training Corps program when ordered to such duty for the purpose of training or a practice cruise under chapter 103 of title 10 for a period of not less than four weeks and which must be completed by the member before the member is commissioned; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/22/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" authorized travel to or from such duty.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"The term does not include duty performed as a temporary member of the Coast Guard Reserve.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/23","children":[{"t":"num","text":"(23)"},{"t":"chapeau","text":" The term \u201cinactive duty training\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t38/s101/23/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps\u202f","children":[{"t":"text","text":"1","tail":" of the Public Health Service), or for members of the Space Force in a space force active status (as defined in "},{"t":"ref","text":"section 101(e)(1) of title 10","href":"/us/usc/t10/s101/e/1","tail":"), by the Secretary concerned under "},{"t":"ref","text":"section 206 of title 37","href":"/us/usc/t37/s206","tail":" or any other provision of law;"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/23/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps\u202f","children":[{"t":"text","text":"1","tail":" of the Public Health Service), or for members of the Space Force in a space force active status (as defined in "},{"t":"ref","text":"section 101(e)(1) of title 10","href":"/us/usc/t10/s101/e/1","tail":"), by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/23/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" training (other than active duty for training) by a member of, or applicant for membership (as defined in ","children":[{"t":"ref","text":"section 8140(g) of title 5","href":"/us/usc/t5/s8140/g","tail":") in, the Senior Reserve Officers\u2019 Training Corps prescribed under chapter 103 of title 10."}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"In the case of a member of the Army National Guard or Air National Guard of any State, such term means duty (other than full-time duty) under sections 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law. Such term does not include (i) work or study performed in connection with correspondence courses, (ii) attendance at an educational institution in an inactive status, or (iii) duty performed as a temporary member of the Coast Guard Reserve.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/24","children":[{"t":"num","text":"(24)"},{"t":"chapeau","text":" The term \u201cactive military, naval, air, or space service\u201d includes\u2014"},{"t":"subpara","id":"/us/usc/t38/s101/24/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" active duty;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/24/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/24/C","children":[{"t":"num","text":"(C)"},{"t":"chapeau","text":" any period of inactive duty training during which the individual concerned was disabled or died\u2014"},{"t":"clause","id":"/us/usc/t38/s101/24/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" from an injury incurred or aggravated in line of duty; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t38/s101/24/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident occurring during such training.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/25","children":[{"t":"num","text":"(25)"},{"t":"chapeau","text":" The term \u201cSecretary concerned\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t38/s101/25/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Secretary of the Army, with respect to matters concerning the Army;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/25/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/25/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the Secretary of the Air Force, with respect to matters concerning the Air Force or the Space Force;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/25/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" the Secretary of Homeland Security, with respect to matters concerning the Coast Guard;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/25/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/25/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/26","children":[{"t":"num","text":"(26)"},{"t":"content","text":" The term \u201cReserve\u201d means a member of a reserve component of one of the Armed Forces.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/27","children":[{"t":"num","text":"(27)"},{"t":"chapeau","text":" The term \u201creserve component\u201d means, with respect to the Armed Forces\u2014"},{"t":"subpara","id":"/us/usc/t38/s101/27/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Army Reserve;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/27/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the Navy Reserve;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/27/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the Marine Corps Reserve;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/27/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" the Air Force Reserve;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/27/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" the Coast Guard Reserve;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/27/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" the Army National Guard of the United States; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/27/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" the Air National Guard of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/28","children":[{"t":"num","text":"(28)"},{"t":"content","text":" The term \u201cnursing home care\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/29","children":[{"t":"num","text":"(29)"},{"t":"chapeau","text":" The term \u201cVietnam era\u201d means the following:"},{"t":"subpara","id":"/us/usc/t38/s101/29/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The period beginning on ","children":[{"t":"text","text":"November 1, 1955","tail":", and ending on "},{"t":"text","text":"May 7, 1975","tail":", in the case of a veteran who served in the Republic of Vietnam during that period."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/29/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" The period beginning on ","children":[{"t":"text","text":"August 5, 1964","tail":", and ending on "},{"t":"text","text":"May 7, 1975","tail":", in all other cases."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/30","children":[{"t":"num","text":"(30)"},{"t":"content","text":" The term \u201cMexican border period\u201d means the period beginning on ","children":[{"t":"text","text":"May 9, 1916","tail":", and ending on "},{"t":"text","text":"April 5, 1917","tail":", in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/31","children":[{"t":"num","text":"(31)"},{"t":"content","text":" The term \u201cspouse\u201d means a person of the opposite sex who is a wife or husband.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/32","children":[{"t":"num","text":"(32)"},{"t":"chapeau","text":" The term \u201cformer prisoner of war\u201d means a person who, while serving in the active military, naval air, or space service, was forcibly detained or interned in line of duty\u2014"},{"t":"subpara","id":"/us/usc/t38/s101/32/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" by an enemy government or its agents, or a hostile force, during a period of war; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/32/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/33","children":[{"t":"num","text":"(33)"},{"t":"content","text":" The term \u201cPersian Gulf War\u201d means the period beginning on ","children":[{"t":"text","text":"August 2, 1990","tail":", and ending on the date thereafter prescribed by Presidential proclamation or by law."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/34","children":[{"t":"num","text":"(34)"},{"t":"content","text":" The term \u201cagency of original jurisdiction\u201d means the activity which entered the original determination with regard to a claim for benefits under laws administered by the Secretary.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/35","children":[{"t":"num","text":"(35)"},{"t":"content","text":" The term \u201crelevant evidence\u201d means evidence that tends to prove or disprove a matter in issue.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/36","children":[{"t":"num","text":"(36)"},{"t":"content","text":" The term \u201csupplemental claim\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/37","children":[{"t":"num","text":"(37)"},{"t":"chapeau","text":" The term \u201ctoxic exposure\u201d includes the following:"},{"t":"subpara","id":"/us/usc/t38/s101/37/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" A toxic exposure risk activity, as defined in ","children":[{"t":"ref","text":"section 1710(e)(4) of this title","href":"/us/usc/t38/s1710/e/4","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t38/s101/37/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" An exposure to a substance, chemical, or airborne hazard identified in the list under ","children":[{"t":"ref","text":"section 1119(b)(2) of this title","href":"/us/usc/t38/s1119/b/2","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t38/s101/38","children":[{"t":"num","text":"(38)"},{"t":"content","text":" The term \u201ctoxic-exposed veteran\u201d means any veteran described in ","children":[{"t":"ref","text":"section 1710(e)(1) of this title","href":"/us/usc/t38/s1710/e/1","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}