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 III— CHILDREN OF CERTAIN KOREA AND THAILAND SERVICE VETERANS BORN WITH SPINA BIFIDA

38 U.S.C. § 1821

Benefits for children of certain Korea service veterans born with spina bifida

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(a)Benefits Authorized.—The Secretary may provide to any child of a veteran of covered service in Korea who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Korea were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter.(b)Spina Bifida Conditions Covered.—This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta.(c)Veteran of Covered Service in Korea.—For purposes of this section, a veteran of covered service in Korea is any individual, without regard to the characterization of that individual’s service, who—(1) served in the active military, naval, or air service in or near the Korean demilitarized zone (DMZ), as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971; and(2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in or near the Korean demilitarized zone.(d)Herbicide Agent.—For purposes of this section, the term “herbicide agent” means a chemical in a herbicide used in support of United States and allied military operations in or near the Korean demilitarized zone, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971.(Added Pub. L. 108–183, title I, § 102(a)(2), Dec. 16, 2003, 117 Stat. 2653.)Editorial NotesPrior Provisions

A prior section 1821 was renumbered section 1831 of this title.

Another prior section 1821 was renumbered section 3721 of this title.

Notes of Decisions
Cited in 10 cases, 1966–2020 · leading case: McKinney v. McDonald, 796 F.3d 1377 (Fed. Cir. 2015).
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McKinney v. McDonald, 796 F.3d 1377 (Fed. Cir. 2015). · cites it 4× “2651 (2003) (codified at 38 U.S.C. § 1821 ). In relevant part, the Act defines “a veteran of covered service in Korea” as “any individual” who: (1) served “in or near” the Korean DMZ as determined by the Secretary of the VA, in consultation with the Department of Defense…”
Home Sav. & Loan Ass'n of Lawton, Oklahoma v. Robert P. Nimmo, Adm'r of the Vets. Admin., 695 F.2d 1251 (10th Cir. 1982). · cites it 2× “The VA guaranty is incontestable but the Administrator may assert defenses based on fraud, 38 U.S.C. § 1821 , or forgery, 38 C.F.R. § 36.”
Mt. Vernon Coop. Bank v. John F. Gleason, Adm'r of Vets. Affairs, 367 F.2d 289 (1st Cir. 1966). · cites it 2× “This brings us to the question whether the statute and the implementing regulation, 38 U.S.C. § 1821 ; 38 C.F.R. § 36 .-4325(a), supra note 3, limit the Administration’s affirmative right of recovery or the equivalent right to recovery via set-off.”
United States v. Miller, 645 F.2d 473 (5th Cir. 1981). “The applicable statute involving the government’s right to recover was 38 U.S.C. § 1821 . § 1821 states that evidence of guaranty or insurance issued by the Administrator of Veterans’ Affairs is conclusive evidence of the eligibility of the loan.”
Paul J. Pratt v. R. James Nicholson, 20 Vet. App. 252 (Vet. App. 2006). “2651 (codified as amended at 38 U.S.C. § 1821 (2003)). This provision is inapplicable to the instant case because the record contains no evidence that the veteran ever served in Korea.”
Mt. Vernon Coop. Bank v. Gleason, 250 F. Supp. 952 (D. Mass. 1966). “The applicable statute, 38 U.S.C. § 1821 , provides as follows: “Any evidence of guaranty or insurance issued by the Administrator shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this chapter and of the amount of such…”
Century Fed. Sav. & Loan Ass'n v. Roudebush, 618 F.2d 969 (2d Cir. 1980). “Appellant bases its right of recovery on the first two sentences of 38 U.S.C. § 1821 which read as follows: Any evidence of guaranty or insurance issued by the Administrator shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the…”
Vets. Contracting Grp., Inc. v. United States (Fed. Cl. 2017). “§ 657f and 38 U.S.C. §§ 1821 , 4113, 5109B, 7112), and implemented via SBA regulations codified at 13 C.”
Vets. Contracting Grp., Inc. v. United States (Fed. Cl. 2017). “§ 657f and 38 U.S.C. §§ 1821 , 4113, 5109B, 7112), and implemented via SBA regulations codified at 13 C.”
200519-85224 (Board of Vet. App. 2020). “The Board notes that the Veterans Benefits Act of 2003, codified at 38 U.S.C. § 1821 , specified that a veteran of covered service in Korea is any individual who served in or near the DMZ, as determined by the Secretary in consultation with the Secretary of Defense.”
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