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. § 1812

Covered birth defects

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(a)Identification.—The Secretary shall identify the birth defects of children of women Vietnam veterans that—(1) are associated with the service of those veterans in the Republic of Vietnam during the Vietnam era; and(2) result in permanent physical or mental disability.(b)Limitations.—(1) The birth defects identified under subsection (a) may not include birth defects resulting from the following:(A) A familial disorder.(B) A birth-related injury.(C) A fetal or neonatal infirmity with well-established causes.(2) In any case where affirmative evidence establishes that a covered birth defect of a child of a woman Vietnam veteran results from a cause other than the active military, naval, or air service of that veteran in the Republic of Vietnam during the Vietnam era, no benefits or assistance may be provided the child under this subchapter.(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1857.)Editorial NotesPrior Provisions

A prior section 1812 was renumbered section 3712 of this title.

Another prior section 1812, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1210, automatically guaranteed loans made to a veteran if made for the purpose of purchasing farms and farm equipment, prior to repeal by Pub. L. 93–569, § 7(a), Dec. 31, 1974, 88 Stat. 1866.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2013–2021 · leading case: Turner v. Shinseki, 536 F. App'x 1012 (Fed. Cir. 2013).
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Turner v. Shinseki, 536 F. App'x 1012 (Fed. Cir. 2013). · cites it 2× “Pursuant to 38 U.S.C. § 1812 (a), § 1815 covers, with certain limitations not at issue *1014 here, those birth defects identified by the Secretary as birth defects of children of women Vietnam veterans that (1) are associated with the service of those veterans in the Republic of…”
201215-187778 (Board of Vet. App. 2021). · cites it 4× “38 U.S.C. §§ 1812 , 1815; 38 C.F.R. § 3.815 .”
200323-187505 (Board of Vet. App. 2021). · cites it 2× “See 38 U.S.C. §§ 1812 , 1815; 38 C.F.R. § 3.815 .”
210331-187529 (Board of Vet. App. 2021). “38 U.S.C. §§ 1812 , 1815; 38 C.F.R. § 3.815 .”
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