U.S. Code » Title 38 » Part PART II— GENERAL BENEFITS › Chapter CHAPTER 11— COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER II— WARTIME DISABILITY COMPENSATION

38 U.S.C. § 107

EVALUATION OF HEALTH STATUS OF SPOUSES AND CHILDREN OF PERSIAN GULF WAR VETERANS.

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“(a)Evaluation Program.—Subject to subsection (c), the Secretary of Veterans Affairs shall conduct a program to evaluate the health status of spouses and children of Persian Gulf War veterans. Under the program, the Secretary shall provide for the conduct of diagnostic testing and appropriate medical examinations of any individual—“(1) who is the spouse or child of a veteran who—“(A) is listed in the Persian Gulf War Veterans Registry established under section 702 of Public Law 102–585 [set out in a note under section 527 of this title]; and“(B) is suffering from an illness or disorder;“(2) who is apparently suffering from, or may have suffered from, an illness or disorder (including a birth defect, miscarriage, or stillbirth) which cannot be disassociated from the veteran’s service in the Southwest Asia theater of operations; and“(3) who, in the case of a spouse, has granted the Secretary permission to include in the Registry relevant medical data (including a medical history and the results of diagnostic testing and medical examinations) and such other information as the Secretary considers relevant and appropriate with respect to such individual.“(b)Duration of Program.—The program shall be carried out during the period beginning on November 1, 1994, and ending on December 31, 2003.“(c)Funding Limitation.—The amount spent for the program under subsection (a) may not exceed $2,000,000.“(d)Contracting.—The Secretary may provide for the conduct of testing and examinations under subsection (a) through appropriate contract arrangements, including fee arrangements described in section 1703 of title 38, United States Code.“(e)Standard Protocols and Guidelines.—The Secretary shall seek to ensure uniform development of medical data through the development of standard protocols and guidelines for such testing and examinations. If such protocols and guidelines have not been adopted before the end of the 120-day period beginning on the date of the enactment of this Act [Nov. 2, 1994], the Secretary shall, before the end of such period, submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report as to why such protocols and guidelines have not yet been developed.“(f)Entry of Results in Registry.—The results of diagnostic tests, medical histories, and medical examinations conducted under subsection (a) shall be entered into the Persian Gulf War Veterans Health Registry.“(g)Outreach.—The Secretary shall conduct such outreach activities as the Secretary determines necessary for the purposes of the program. In conducting such outreach activities, the Secretary shall advise that medical treatment is not available under the program.“(h)Use Outside Department of Standard Protocols and Guidelines.—The Secretary shall—“(1) make the standard protocols and guidelines developed under this section available to any entity which requests a copy of such protocols and guidelines; and“(2) enter into the registry the results of any examination of the spouse or child of a veteran who served in the Persian Gulf theater which a licensed physician certifies was conducted using those standard protocols and guidelines.“(i)Report to Congress.—Not later than July 31, 1999, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on activities with respect to the program, including the provision of services under subsection (d).“(j)Definitions.—For purposes of this section, the terms ‘child’ and ‘spouse’ have the meanings given those terms in paragraphs (4) and (31), respectively, of section 101 of title 38, United States Code.
Notes of Decisions
Cited in 58 cases, 1973–2019 · leading case: Dacoron v. Brown, 4 Vet. App. 115 (Vet. App. 1993).
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Dacoron v. Brown, 4 Vet. App. 115 (Vet. App. 1993). · cites it 15× “Pursuant to 38 U.S.C. § 107 (b), the payment of any authorized VA benefits on account of service in the New Philippine Scouts “shall be made at a rate in pesos as is equivalent to $0.”
Felomina Quiban v. Vets. Admin., Leonila A. Quizon v. Vets. Admin., Porferio Narisma v. United States, 928 F.2d 1154 (D.C. Cir. 1991). · cites it 8× “See 38 U.S.C. § 107 (1988). As a result, most Philippine veterans of World War II are statutorily ineligible for several United States veterans benefits.”
Manlincon v. West, 12 Vet. App. 238 (Vet. App. 1999). · cites it 4× ““Entitlement to [VA] benefits for [former] ‘New’ Philippine Scouts is limited to those benefits specified in [ 38 U.S.C. § 107 (b) ].” Id. Section 107(b) of title 38 of the United States Code provides that service in the former “New” Philippine Scouts “shall not be deemed to…”
Entines v. United States, 39 Fed. Cl. 673 (Fed. Cl. 1997). · cites it 7× “1 38 U.S.C. § 107 (a). The effect § 107(a) was to deny veteran benefits to those who served under United States command while in the Philippine military, because eligibility for veteran benefits is dependent upon “veteran” status, and veteran status requires service “in the…”
Recinto v. United States Dep't of Vets. Affairs, 706 F.3d 1171 (9th Cir. 2013). · cites it 6× “6, 14 (1946) (codified as amended at 38 U.S.C. § 107 (a)), and the Second Supplemental Surplus Appropriation Rescission Act of 1946, Pub.”
Capellan v. Peake, 539 F.3d 1373 (Fed. Cir. 2008). · cites it 6× “Capellan's claim is founded on 38 U.S.C. § 107 , which provides certain veterans benefits to members of the Philippine military services who were incorporated into the United States Armed Forces.”
Filipino Am. Vets. & Dependents Ass'n v. United States, 391 F. Supp. 1314 (N.D. Cal. 1974). · cites it 14× “The action is brought against the Director of the Veterans Administration and other officials of the United States for the purpose of enforcing plaintiffs' claims and, as an incident thereto, to obtain a judgment declaring that a certain federal statute, Title 38 U.S.C. § 107 ,…”
Cornelio R. Besinga v. United States of Am. U.S. Attorney Gen., 14 F.3d 1356 (9th Cir. 1994). · cites it 5× “14 (1946), codified as amended at 38 U.S.C. § 107 (a) (1988). 2 . Pub.L. No.”
Quiban v. United States Vets. Admin., 713 F. Supp. 436 (D.D.C. 1989). · cites it 6× “The dispositive issue is whether 38 U.S.C. § 107 (a), which limits the veterans’ benefits available to veterans of the Philippine Army and their spouses, is constitutional.”
Juliet T. Tagupa v. Robert A. McDonald, 27 Vet. App. 95 (Vet. App. 2014). · cites it 3× “3d at 1375 ; see also 38 U.S.C. § 107 (detailing the Philippine service veterans and the types of benefits to which such veterans are entitled); 38 C.”
Manio v. Derwinski, 1 Vet. App. 140 (Vet. App. 1991). “See 38 U.S.C. §§ 107 (a), 310 (1988). When discharged from his service on December 26, 1945, appellant was apparently missing fourteen teeth, with three more non-restorable.”
Pete T. Talon, Claimant-Appellant v. Jesse Brown, Sec'y of Vets. Affairs, 999 F.2d 514 (Fed. Cir. 1993). · cites it 3× “See 38 U.S.C. § 107 (a) (1988). On May 23, 1989, Mr.”
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