38 U.S.C. § 1815

Monetary allowance

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar

(a)Monetary Allowance.—The Secretary shall pay a monthly allowance to any eligible child for any disability resulting from the covered birth defects of that child.(b)Schedule for Rating Disabilities.—(1) The amount of the monthly allowance paid under this section shall be based on the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting from covered birth defects that is prescribed by the Secretary.(2) In prescribing a schedule for rating disabilities for the purposes of this section, the Secretary shall establish four levels of disability upon which the amount of the allowance provided by this section shall be based. The levels of disability established may take into account functional limitations, including limitations on cognition, communication, motor abilities, activities of daily living, and employability.(c)Amount of Monthly Allowance.—The amount of the monthly allowance paid under this section shall be as follows:(1) In the case of a child suffering from the lowest level of disability prescribed in the schedule for rating disabilities under subsection (b), $100.(2) In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—(A) $214; or(B) the monthly amount payable under section 1805(b)(3) of this title for the lowest level of disability prescribed for purposes of that section.(3) In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—(A) $743; or(B) the monthly amount payable under section 1805(b)(3) of this title for the intermediate level of disability prescribed for purposes of that section.(4) In the case of a child suffering from the highest level of disability prescribed in the schedule for rating disabilities under subsection (b), the greater of—(A) $1,272; or(B) the monthly amount payable under section 1805(b)(3) of this title for the highest level of disability prescribed for purposes of that section.(d)Indexing to Social Security Benefit Increases.—Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be subject to adjustment from time to time under section 5312 of this title.(Added Pub. L. 106–419, title IV, § 401(a), Nov. 1, 2000, 114 Stat. 1858.)Editorial NotesPrior Provisions

A prior section 1815 was renumbered section 3703(a)(2) of this title.

Notes of Decisions

Cited in 7 cases (4 in the last 5 years), 1982–2025 · leading case: Rank v. Nimmo, 677 F.2d 692 (9th Cir. 1982).

Sort: Relevance Newest Treatment

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 1.5 times the regular monthly payments.”

Turner v. Shinseki, 536 F. App'x 1012 (Fed. Cir. 2013). · cites it 2× “See 38 U.S.C. § 1815 . However, because the appellant does not contend that she is a Vietnam veteran, her son is not eligible for benefits under the statute.”

210331-187529 (Board of Vet. App. 2021). · cites it 4× “210331-187529 DATE: October 30, 2021 ORDER Benefits under 38 U.S.C. § 1815 for a child born with covered birth defects are denied.”

201215-187778 (Board of Vet. App. 2021). · cites it 4× “Entitlement to benefits under 38 U.S.C. § 1815 and 38 C.F.R. § 3.815 for a child born with birth defects is denied.”

200323-187505 (Board of Vet. App. 2021). · cites it 4× “200323-187505 DATE: October 29, 2021 ORDER Entitlement to benefits under 38 U.S.C. § 1815 for a child born with covered birth defects is denied.”

Pereida v. Collins (Fed. Cir. 2025). · cites it 2× “Pereida was not entitled to benefits for a child born with certain non-spina-bifida birth defects to a Vietnam-veteran mother under 38 U.S.C. § 1815 , because the record did not show that Ms.”

Brandi Spain v. Shinseki, 524 F. App'x 712 (Fed. Cir. 2013). “” Under 38 U.S.C. § 1815 , a child may receive benefits if its biological mother is a Vietnam veteran and the child suffers from “any disability resulting from [one of several listed] birth defects.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.