38 U.S.C. § 1782

Counseling, training, and mental health services for immediate family members and caregivers

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(a)Counseling for Family Members of Veterans Receiving Service-Connected Treatment.—In the case of a veteran who is receiving treatment for a service-connected disability pursuant to paragraph (1) or (2) of section 1710(a) of this title, the Secretary shall provide to individuals described in subsection (c) such consultation, professional counseling, marriage and family counseling, training, and mental health services as are necessary in connection with that treatment.(b)Counseling for Family Members of Veterans Receiving Non-Service-Connected Treatment.—In the case of a veteran who is eligible to receive treatment for a non-service-connected disability under the conditions described in paragraph (1), (2), or (3) of section 1710(a) of this title, the Secretary may, in the discretion of the Secretary, provide to individuals described in subsection (c) such consultation, professional counseling, marriage and family counseling, training, and mental health services as are necessary in connection with that treatment.(c)Eligible Individuals.—Individuals who may be provided services under this subsection are—(1) the members of the immediate family or the legal guardian of a veteran;(2) a family caregiver of an eligible veteran or a caregiver of a covered veteran (as those terms are defined in section 1720G of this title); or(3) the individual in whose household such veteran certifies an intention to live.(d)Travel and Transportation Authorized.—Services provided under subsections (a) and (b) may include, under the terms and conditions set forth in section 111 of this title, travel and incidental expenses of individuals described in subsection (c) in the case of any of the following:(1) A veteran who is receiving care for a service-connected disability.(2) A dependent or survivor receiving care under the last sentence of section 1783(b) of this title.(Added Pub. L. 107–135, title II, § 208(b), Jan. 23, 2002, 115 Stat. 2462; amended Pub. L. 110–387, title III, § 301(a)(2), Oct. 10, 2008, 122 Stat. 4120; Pub. L. 111–163, title I, § 103(a), (b), May 5, 2010, 124 Stat. 1139, 1140.)Editorial NotesPrior Provisions

A prior section 1782 was renumbered section 3682 of this title.

Amendments

2010—Pub. L. 111–163, § 103(b), inserted “and caregivers” after “members” in section catchline.

Subsec. (c)(2), (3). Pub. L. 111–163, § 103(a), added par. (2) and redesignated former par. (2) as (3).

2008—Subsec. (a). Pub. L. 110–387, § 301(a)(2)(A), inserted “marriage and family counseling,” after “professional counseling,”.

Subsec. (b). Pub. L. 110–387, § 301(a)(2)(B), inserted “marriage and family counseling,” after “professional counseling,” and substituted period at end for “if—

“(1) those services were initiated during the veteran’s hospitalization; and

“(2) the continued provision of those services on an outpatient basis is essential to permit the discharge of the veteran from the hospital.”

Notes of Decisions

Cited in 4 cases, 1977–1984 · leading case: The Evergreen State Coll. v. Max Cleland, Adm'r, Vets. Admin., 621 F.2d 1002 (9th Cir. 1980).

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The Evergreen State Coll. v. Max Cleland, Adm'r, Vets. Admin., 621 F.2d 1002 (9th Cir. 1980). · cites it 3× “Central to appellees’ case on the merits are their contentions that (1) in the absence of an express statutory grant of authority to the Administrator, determinations as to the type and measurement of undergraduate courses at the appellees’ schools are decisions which are…”

State of Colo. v. Vets. Admin., 430 F. Supp. 551 (D. Colo. 1977). · cites it 3× “§ 1785 is unconstitutional, that regulations promulgated pursuant to that statute are in violation of 38 U.S.C. § 1782 , that the assertion of overpayment liability against plaintiffs while waiving liability as to the recipients of gratuities violates 38 U.”

Rivera Carbana v. Cruz, 588 F. Supp. 80 (D.P.R. 1984). “In said motion to amend corn-plaint, plaintiff alludes to 38 U.S.C. § 1782 . Said statute refers to the statutory framework for Veterans Administration supervision for approval of courses and the mechanic of that Agency's payment of educational assistance to students in an…”

Evergreen State Coll. v. Cleland, 467 F. Supp. 508 (W.D. Wash. 1979). · cites it 2× “Plaintiffs have maintained that the challenged regulations are therefore void and unenforceable with respect to plaintiff institutions, and that the regulations also constitute impermissi *510 ble federal control and supervision over an educational institution in violation of 38…”

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