38 U.S.C. § 1805

Monetary allowance

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(a) The Secretary shall pay a monthly allowance under this section to any child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child.(b)(1) The amount of the allowance paid to a child under this section shall be based on the degree of disability suffered by the child, as determined in accordance with such schedule for rating disabilities resulting from spina bifida as the Secretary may prescribe.(2) The Secretary shall, in prescribing the rating schedule for the purposes of this section, establish three levels of disability upon which the amount of the allowance provided by this section shall be based.(3) The amounts of the allowance shall be $200 per month for the lowest level of disability prescribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability prescribed. Such amounts are subject to adjustment under section 5312 of this title.(Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2925; amended Pub. L. 106–419, title IV, § 401(c)(2), (e)(2), Nov. 1, 2000, 114 Stat. 1860.)Editorial NotesPrior Provisions

A prior section 1805 was renumbered section 3705 of this title.

Amendments

2000—Subsec. (a). Pub. L. 106–419, § 401(e)(2), substituted “this section” for “this chapter”.

Subsecs. (c), (d). Pub. L. 106–419, § 401(c)(2), struck out subsecs. (c) and (d) which read as follows:

“(c) Notwithstanding any other provision of law, receipt by a child of an allowance under this section shall not impair, infringe, or otherwise affect the right of the child to receive any other benefit to which the child may otherwise be entitled under any law administered by the Secretary, nor shall receipt of such an allowance impair, infringe, or otherwise affect the right of any individual to receive any benefit to which the individual is entitled under any law administered by the Secretary that is based on the child’s relationship to the individual.

“(d) Notwithstanding any other provision of law, the allowance paid to a child under this section shall not be considered income or resources in determining eligibility for or the amount of benefits under any Federal or federally assisted program.”

Statutory Notes and Related SubsidiariesEffective Date of 2000 Amendment

Amendment by Pub. L. 106–419 effective on the first day of the first month beginning more than one year after Nov. 1, 2000, see section 401(g) of Pub. L. 106–419, set out as an Effective Date note under section 1811 of this title.

Notes of Decisions

Cited in 16 cases (4 in the last 5 years), 1973–2025 · leading case: Paul J. Pratt v. R. James Nicholson, 20 Vet. App. 252 (Vet. App. 2006).

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Paul J. Pratt v. R. James Nicholson, 20 Vet. App. 252 (Vet. App. 2006). · cites it 10× “That public law was repealed by Public Law 106 — 419 in 2000, and the monetary benefits for such children now are provided under 38 U.S.C. § 1805 in accordance with definitions found in 38 U.”

Jones v. West, 12 Vet. App. 98 (Vet. App. 1998). · cites it 2× “Should the right to benefits be finally established, pension, compensation, dependency and indemnity compensation, or monetary allowance under the provisions of 38 U.S.C. § 1805 based on such evidence shall commence not earlier than the date of filing the new claim.”

Jonathan L. Haas v. R. James Nicholson, 20 Vet. App. 257 (Vet. App. 2006). “Accordingly, we rejected the appellant’s claim that the veteran’s service in the San Diego, California, area qualified the appellant for benefits under 38 U.S.C. § 1805 . Id. Our conclusion in this case that the statutory language is ambiguous as to service in the waters off the…”

Robert H. Gray v. Robert A. McDonald, 27 Vet. App. 313 (Vet. App. 2015). “” Monetary Allowance Under 38 U.S.C. § 1805 for a Child Suffering From Spina Bifida Who is a Child of a Vietnam Veteran, 62 Fed.”

Columbia W. Corp. v. Vela, 592 P.2d 1294 (Ariz. Ct. App. 1979). “Both homes were covered by a Warranty of Completion issued pursuant to Section 801 of the Housing Act of 1954, and Public Law 85-857 ( 38 U.S.C. § 1805 ). Under these statutes, the seller or builder is to warrant that the house is built in substantial conformity with the plans…”

Jones v. Principi, 16 Vet. App. 219 (Vet. App. 2002). “Spina bifida conditions covered This subchapter applies with respect to all forms and manifestations of spina bifida except spina bifida occulta. Section 1805 provides for monetary benefits to be paid to “any child of a Vietnam veteran for any disability resulting from spina…”

201215-187778 (Board of Vet. App. 2021). · cites it 7× “201215-187778 DATE: October 29, 2021 ORDER Entitlement to benefits under 38 U.S.C. § 1805 and 38 C.F.R. § 3.814 for a child born with spina bifida is denied.”

200323-187505 (Board of Vet. App. 2021). · cites it 6× “REMANDED Entitlement to benefits under 38 U.S.C. § 1805 for a child born with spina bifida is remanded.”

10-00 198 (Board of Vet. App. 2017). · cites it 4× “10-00 198 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUE Entitlement to benefits under 38 U.S.C.A. § 1805 for a child of a Vietnam Veteran born with spina bifida.”

Deffes v. Tedesco Homes, Inc., 491 F. Supp. 1327 (E.D. La. 1980). · cites it 7× “Pursuant to the requirement of 38 U.S.C. § 1805 , Tedesco executed on June 4, 1976, a document entitled “Warranty of Completion of Construction in Substantial Compliance with Approved Plans and Specifications.”

Brandi Spain v. Shinseki, 524 F. App'x 712 (Fed. Cir. 2013). · cites it 4× “Spain appeals from a memorandum decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) affirming a decision of the Board of Veterans Appeals (“Board”) denying her claim for benefits under 38 U.S.C. §§ 1805 and 1815. Because we are without appellate…”

Turner v. Shinseki, 536 F. App'x 1012 (Fed. Cir. 2013). “She sought entitlement to benefits under 38 U.S.C. § 1805 , which authorizes benefits payable to “any child of a Vietnam veteran for any disability resulting from spina bifida suffered by such child,” and 38 U.”

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