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 II— CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS
38 U.S.C. § 1811
Definitions
In this subchapter:(1) The term “eligible child” means an individual who—(A) is the child (as defined in section 1831(1) of this title) of a woman Vietnam veteran; and(B) was born with one or more covered birth defects.(2) The term “covered birth defect” means a birth defect identified by the Secretary under section 1812 of this title.(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1857; amended Pub. L. 108–183, title I, § 102(d)(1), Dec. 16, 2003, 117 Stat. 2654.)Editorial NotesPrior ProvisionsA prior section 1811 was renumbered section 3711 of this title.
Amendments2003—Par. (1)(A). Pub. L. 108–183 substituted “section 1831(1)” for “section 1821(1)”.
Statutory Notes and Related SubsidiariesEffective DatePub. L. 106–419, title IV, § 401(g), Nov. 1, 2000, 114 Stat. 1861, provided that:“(1) Except as provided in paragraph (2), the amendments made by this section [enacting this subchapter and subchapter III of this chapter, amending sections 1802 and 1805 of this title, and repealing sections 1801 and 1806 of this title] shall take effect on the first day of the first month beginning more than one year after the date of the enactment of this Act [Nov. 1, 2000].“(2) The Secretary of Veterans Affairs shall identify birth defects under section 1812 of title 38, United States Code (as added by subsection (a) of this section), and shall prescribe the regulations required by subchapter II of chapter 18 of that title (as so added), not later than the effective date specified in paragraph (1).”
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 1982–2025 · leading case:
Rank v. Nimmo, 677 F.2d 692 (9th Cir. 1982).
Rank v. Nimmo, 677 F.2d 692 (9th Cir. 1982).
“Cohen offered the Ranks the alternative of selling their house, obtaining a second mortgage, or making monthly payments equal to 1.”
Crowel v. Adm'r of Vets.' Affairs, 699 F.2d 347 (7th Cir. 1983).
· cites it 2× “Applying this test, it is clear that the Administrator may be sued in this case as Congress, by adopting 38 U.S.C. §§ 1811 , 1823 and 1824, has earmarked specific funds for the Veterans Administration’s use and has given the Administrator the power to sue and be sued in his/her…”
Pereida v. Collins (Fed. Cir. 2025).
· cites it 3× “Pereida was not entitled to benefits based on birth defects under 38 U.S.C. §§ 1811–1816—specifically, under § 1815—because those provisions expressly apply only to an “eligible child,” defined as a child of “a woman Vietnam veteran,” § 1811(1)(A).”
Turner v. Shinseki, 536 F. App'x 1012 (Fed. Cir. 2013).
“of a woman Vietnam veteran [and] was born with one or more covered birth defects,” 38 U.S.C. § 1811 (emphasis added). “Covered birth defects” are defined as certain “birth defects of children of women Vietnam veterans,” 38 U.”
200323-187505 (Board of Vet. App. 2021).
· cites it 2× “38 U.S.C. §§ 1811 , 1812, 1815; 38 C.F.R.”
201215-187778 (Board of Vet. App. 2021).
“38 U.S.C. §§ 1811 , 1812, 1815; 38 C.F.R.”
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