U.S. Code » Title 38 » Part PART II— GENERAL BENEFITS › Chapter CHAPTER 18— BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS › Subchapter SUBCHAPTER I— CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA

38 U.S.C. § 1803

Health care

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(a) In accordance with regulations which the Secretary shall prescribe, the Secretary shall provide a child of a Vietnam veteran who is suffering from spina bifida with health care under this section.(b) The Secretary may provide health care under this section directly or by contract or other arrangement with any health care provider.(c) For the purposes of this section—(1) The term “health care”—(A) means home care, hospital care, nursing home care, outpatient care, preventive care, habilitative and rehabilitative care, case management, and respite care; and(B) includes—(i) the training of appropriate members of a child’s family or household in the care of the child; and(ii) the provision of such pharmaceuticals, supplies, equipment, devices, appliances, assistive technology, direct transportation costs to and from approved sources of health care, and other materials as the Secretary determines necessary.(2) The term “health care provider” includes specialized spina bifida clinics, health care plans, insurers, organizations, institutions, and any other entity or individual furnishing health care services that the Secretary determines are authorized under this section.(3) The term “home care” means outpatient care, habilitative and rehabilitative care, preventive health services, and health-related services furnished to an individual in the individual’s home or other place of residence.(4) The term “hospital care” means care and treatment for a disability furnished to an individual who has been admitted to a hospital as a patient.(5) The term “nursing home care” means care and treatment for a disability furnished to an individual who has been admitted to a nursing home as a resident.(6) The term “outpatient care” means care and treatment of a disability, and preventive health services, furnished to an individual other than hospital care or nursing home care.(7) The term “preventive care” means care and treatment furnished to prevent disability or illness, including periodic examinations, immunizations, patient health education, and such other services as the Secretary determines necessary to provide effective and economical preventive health care.(8) The term “habilitative and rehabilitative care” means such professional, counseling, and guidance services and treatment programs (other than vocational training under section 1804 of this title) as are necessary to develop, maintain, or restore, to the maximum extent practicable, the functioning of a disabled person.(9) The term “respite care” means care furnished on an intermittent basis for a limited period to an individual who resides primarily in a private residence when such care will help the individual to continue residing in such private residence.(Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2923; amended Pub. L. 105–368, title X, § 1005(b)(4), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 110–387, title IV, § 408(a), Oct. 10, 2008, 122 Stat. 4130.)Editorial NotesPrior Provisions

A prior section 1803 was renumbered section 3703 of this title.

Amendments

2008—Subsec. (a). Pub. L. 110–387 substituted “health care under this section” for “such health care as the Secretary determines is needed by the child for the spina bifida or any disability that is associated with such condition”.

1998—Subsec. (c)(2). Pub. L. 105–368 substituted “furnishing health care services that the Secretary determines are authorized” for “who furnishes health care that the Secretary determines authorized”.

Statutory Notes and Related SubsidiariesEffective Date of 2008 Amendment

Pub. L. 110–387, title IV, § 408(b), Oct. 10, 2008, 122 Stat. 4130, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to care furnished after the date of the enactment of this Act [Oct. 10, 2008].”

Notes of Decisions
Cited in 18 cases, 1962–2011 · leading case: Michael J. Bartlett v. Eric K. Shinseki, 24 Vet. App. 328 (Vet. App. 2011).
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Michael J. Bartlett v. Eric K. Shinseki, 24 Vet. App. 328 (Vet. App. 2011). · cites it 3× “§ 1803 (c)(4) (addressing care for the children of Vietnam veterans born with spina bifida), could aid in determining the meaning of “hospital care” in section 1151 because, by its own terms, the definition is directly applicable only to that section, see 38 U.S.C. § 1803 (c)…”
Schaper v. Derwinski, 1 Vet. App. 430 (Vet. App. 1991). “(The deficiency was calculated, under the applicable law and regulation, 38 U.S.C. § 1803 (1988), 38 C.F.R. §§ 36.”
Whitehead v. Derwinski, 904 F.2d 1362 (9th Cir. 1990). · cites it 3× “2062, amend 38 U.S.C. § 1803 to provide: [A]n individual who pays a fee under section 1829 of this title, or who is exempted under section 1829(c)(1) of this title from paying such fee, with respect to a housing loan guaranteed or insured under this chapter that is closed after…”
Bear Creek Dev. Corp. v. Genesee Found., 919 P.2d 948 (Colo. Ct. App. 1996). “See 38 U.S.C. § 1803 (d)(3) (VA Policies & Procedures for PUDs); 4A R.”
Fed. Nat'l Mortg. Ass'n v. DiBona (In Re DiBona), 9 B.R. 21 (Bankr. E.D. Pa. 1981). “38 U.S.C. § 1803 (a)(1). 38 C.F.R. § 36.4313 .”
Rank v. Nimmo, 677 F.2d 692 (9th Cir. 1982). “38 U.S.C. §§ 1803 (a)(1) and 1810(c). This guaranty enables the veteran to obtain a home mortgage, through conventional sources, without making a substantial downpayment; “the guaranty provisions .”
New York Guardian Mortgagee Corp. v. The United States, 916 F.2d 1558 (Fed. Cir. 1990). “Background In accordance with 38 U.S.C. § 1803 (a)(1)(A) (1988), the VA guarantees a portion of home mortgage loans made to veterans by private lenders in order to assist veterans in purchasing homes.”
United States v. Alfred Peter Rossi, 342 F.2d 505 (9th Cir. 1965). “This was the net amount paid by the government to Home Savings and Loan Association of Los Angeles following default on a loan guaranteed by the Administrator of Veterans Affairs under 38 U.S.C. § 1803 (c) (1). We reverse. About October 20, 1953 Rossi received a $8,789 loan from…”
Jones v. Principi, 16 Vet. App. 219 (Vet. App. 2002). “Section 1805 provides for monetary benefits to be paid to “any child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child.”
United States v. Church, 736 F. Supp. 1494 (N.D. Ind. 1990). “Church (Church), obtained a home loan from the State of Wisconsin, Department of Veteran Affairs (Wisconsin VA) on January 16, 1981, which was guaranteed by the United States Veteran’s Administration (VA) pursuant to 38 U.S.C. § 1803 . The loan was secured by a mortgage on…”
Russell Harold Sitton & Barbara Sitton v. United States of Am., 413 F.2d 1386 (5th Cir. 1969). “At the request of the Sittons, the note was partially guaranteed by the Veterans Administration pursuant to the Servicemen’s Readjustment Act of 1944, as amended, 38 U.S.C.A. § 1803 . The note and deed of trust were subsequently assigned but the T.”
United States v. Winter, 319 F. Supp. 520 (E.D. La. 1970). “Upon application by Smith, the Veterans Administration, pursuant to 38 U.S.C. § 1803 , guaranteed part of this loan.”
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