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. § 1813

Health care

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(a)Needed Care.—The Secretary shall provide an eligible child such health care as the Secretary determines is needed by the child for that child’s covered birth defects or any disability that is associated with those birth defects.(b)Authority for Care To Be Provided Directly or by Contract.—The Secretary may provide health care under this section directly or by contract or other arrangement with a health care provider.(c)Definitions.—For purposes of this section, the definitions in section 1803(c) of this title shall apply with respect to the provision of health care under this section, except that for such purposes—(1) the reference to “specialized spina bifida clinic” in paragraph (2) of that section shall be treated as a reference to a specialized clinic treating the birth defect concerned under this section; and(2) the reference to “vocational training under section 1804 of this title” in paragraph (8) of that section shall be treated as a reference to vocational training under section 1814 of this title.(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1857.)Editorial NotesPrior Provisions

A prior section 1813 was renumbered section 3713 of this title.

Another prior section 1813, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1211, automatically guaranteed loans made to a veteran if made for the purpose of purchasing business property, prior to repeal by Pub. L. 93–569, § 7(a), Dec. 31, 1974, 88 Stat. 1866.

Notes of Decisions
Cited in 6 cases, 1990–1995 · leading case: Travelstead v. Derwinski, 1 Vet. App. 344 (Vet. App. 1991).
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Travelstead v. Derwinski, 1 Vet. App. 344 (Vet. App. 1991). · cites it 12× “Appellant sold the property subject to the guaranty and did not obtain a release from the VA prior to sale pursuant to 38 U.S.C. § 1813 (a) (1988). He applied for a waiver of liability pursuant to 38 U.”
Schaper v. Derwinski, 1 Vet. App. 430 (Vet. App. 1991). · cites it 7× “See 38 U.S.C. § 1813 (b) (1988); 38 C.F.R. § 36.”
Charles W. Travelstead, Claimant-Appellee v. Edward J. Derwinski, Sec'y, of Vets. Affairs, 978 F.2d 1244 (Fed. Cir. 1992). “Section 3713 was previously 38 U.S.C. § 1813 , which is cited by the court.”
United States v. Church, 736 F. Supp. 1494 (N.D. Ind. 1990). · cites it 2× “The government cites 38 U.S.C. § 1813 (a) and 38 C.F.R. § 36.4324 (f) as clearly stating that only the Administrator can release a veteran from liability and only “after such investigation as the Administrator may deem appropriate.”
East v. Brown, 8 Vet. App. 34 (Vet. App. 1995). “Amounts paid by the VA under a home loan guaranty constitute a debt owed by the veteran to the United States. 38 C.F.R. § 36.4323 (e) (1990).”
Elkins v. Derwinski, 2 Vet. App. 422 (Vet. App. 1992). · cites it 3× “The word “probably” expresses the VA’s own uncertainty as to whether the veteran would have fulfilled the requirements for a release under 38 U.S.C. § 1813 (a) (now § 3713(a)) despite the fact that the VA was supposed to have evaluated the veteran for a retroactive release by…”
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