§ 101. Definitions

Pub. L. 94–581, title II, § 201, Oct. 21, 1976, 90 Stat. 2855, provided that: “This title [see Tables for classification] may be cited as the ‘Veterans Medical Technical and Conforming Amendments of 1976’.”

Pub. L. 94–502, § 1, Oct. 15, 1976, 90 Stat. 2383, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Education and Employment Assistance Act of 1976’.”

Pub. L. 94–502, § 401, Oct. 15, 1976, 90 Stat. 2392, provided that: “This title [see Tables for classification] may be cited as the ‘Post-Vietnam Era Veterans’ Educational Assistance Act of 1977’.”

Pub. L. 94–433, § 1, Sept. 30, 1976, 90 Stat. 1374, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Disability Compensation and Survivor Benefits Act of 1976’.”

Pub. L. 94–432, § 1, Sept. 30, 1976, 90 Stat. 1369, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans and Survivors Pension Adjustment Act of 1976’.”

Pub. L. 94–324, § 1, June 30, 1976, 90 Stat. 720, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans Housing Amendments Act of 1976’.”

Short Title of 1975 Amendments

Pub. L. 94–169, § 1, Dec. 23, 1975, 89 Stat. 1013, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans and Survivors Pension Interim Adjustment Act of 1975’.”

Pub. L. 94–123, § 1, Oct. 22, 1975, 89 Stat. 669, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Administration Physician and Dentist Pay Comparability Act of 1975’.”

Pub. L. 94–71, § 1, Aug. 5, 1975, 89 Stat. 395, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Disability Compensation and Survivor Benefits Act of 1975’.”

Short Title of 1974 Amendments

Pub. L. 93–602, title II, § 201, Jan. 2, 1975, 88 Stat. 1958, provided that: “This title [see Tables for classification] may be cited as the ‘Veterans’ Education and Rehabilitation Equalization Amendments Act of 1974’.”

Pub. L. 93–569, § 1, Dec. 31, 1974, 88 Stat. 1863, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Housing Act of 1974’.”

Pub. L. 93–538, § 1, Dec. 22, 1974, 88 Stat. 1736, provided: “That this Act [see Tables for classification] may be cited as the ‘Disabled Veterans’ and Servicemen’s Automobile and Adaptive Equipment Amendments of 1974’.”

Pub. L. 93–527, § 1, Dec. 21, 1974, 88 Stat. 1702, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans and Survivors Pension Adjustment Act of 1974’.”

Pub. L. 93–508, § 1, Dec. 3, 1974, 88 Stat. 1578, provided: “That this Act [see Tables for classification] may be cited as the ‘Vietnam Era Veterans’ Readjustment Assistance Act of 1974’.”

Pub. L. 93–295, § 1, May 31, 1974, 88 Stat. 180, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Disability Compensation and Survivor Benefits Act of 1974’.”

Pub. L. 93–289, § 1, May 24, 1974, 88 Stat. 165, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Insurance Act of 1974’.”

Short Title of 1973 Amendments

Pub. L. 93–82, § 1, Aug. 2, 1973, 87 Stat. 179, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Health Care Expansion Act of 1973’.”

Pub. L. 93–43, § 1, June 18, 1973, 87 Stat. 75, provided: “That this Act [see Tables for classification] may be cited as the ‘National Cemeteries Act of 1973’.”

Short Title of 1972 Amendments

Pub. L. 92–541, § 1, Oct. 24, 1972, 86 Stat. 1100, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Administration Medical School Assistance and Health Manpower Training Act of 1972’.”

Pub. L. 92–540, § 1, Oct. 24, 1972, 86 Stat. 1074, provided: “That this Act [see Tables for classification] may be cited as the ‘Vietnam Era Veterans’ Readjustment Assistance Act of 1972’.”

Pub. L. 92–540, title V, § 501, Oct. 24, 1972, 86 Stat. 1094, provided that: “This title [see Tables for classification] may be cited as the ‘Veterans’ Employment and Readjustment Act of 1972’.”

Pub. L. 92–328, § 1, June 30, 1972, 86 Stat. 393, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Compensation and Relief Act of 1972’.”

Short Title of 1971 Amendment

Pub. L. 91–666, § 1, Jan. 11, 1971, 84 Stat. 1998, provided: “That this Act [see Tables for classification] may be cited as the ‘Disabled Veterans’ and Servicemen’s Automobile Assistance Act of 1970’.”

Short Title of 1970 Amendments

Pub. L. 91–506, § 1, Oct. 23, 1970, 84 Stat. 1108, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Housing Act of 1970’.”

Pub. L. 91–219, § 1, Mar. 26, 1970, 84 Stat. 76, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Education and Training Amendments Act of 1970’.”

Short Title of 1967 Amendment

Pub. L. 90–77, § 1, Aug. 31, 1967, 81 Stat. 178, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Pension and Readjustment Assistance Act of 1967’.”

Short Title of 1966 Amendments

Pub. L. 89–785, § 1, Nov. 7, 1966, 80 Stat. 1368, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans Hospitalization and Medical Services Modernization Amendments of 1966’.”

Pub. L. 89–358, § 1, Mar. 3, 1966, 80 Stat. 12, provided that: “This Act [see Tables for classification] may be cited as the ‘Veterans’ Readjustment Benefits Act of 1966’.”

Short Title of 1959 Amendment

Pub. L. 86–211, § 1, Aug. 29, 1959, 73 Stat. 432, provided: “That this Act [see Tables for classification] may be cited as the ‘Veterans’ Pension Act of 1959’.”

Construction of 2022 Amendment

Pub. L. 117–168, title IV, § 407, Aug. 10, 2022, 136 Stat. 1785, provided that: “(a) Generally.—Nothing in this Act [see Short Title of 2022 Amendment note set out above] shall be construed to prevent the Secretary of Veterans Affairs from processing claims for benefits under title 38, United States Code, for a condition or disease for which this Act establishes a presumption of service connection, as a claim for benefits for a condition or disease with direct service connection. “(b) Effective Dates and Applicability.—The Secretary shall not deny a claim for benefits under title 38, United States Code, for a condition or disease for which this Act establishes a presumption of service connection because the claimant filed the claim prior to the effective date or date of applicability for that particular condition or disease.”

Construction of 2017 Amendment

Pub. L. 115–55, § 2(y), Aug. 23, 2017, 131 Stat. 1116, provided that: “Nothing in this section [enacting sections 5104A to 5104C and 7113 of this title, amending this section and sections 5103 to 5104, 5108, 5109, 5109B, 5110, 5111, 5701, 5904, 7103 to 7105A, and 7111 of this title, repealing sections 7106 and 7109 of this title, and enacting provisions set out as notes under this section and section 5108 of this title] or any of the amendments made by this section shall be construed to limit the ability of a claimant to request a revision of a decision under section 5109A or 7111 of title 38, United States Code.”

[For definition of “claimant” as used in section 2(y) of Pub. L. 115–55, set out above, see section 6 of Pub. L. 115–55, set out in a note under section 5101 of this title.]

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Amendments to Tables of Contents by Pub. L. 117–168

Pub. L. 117–168, § 1(b)(2), Aug. 10, 2022, 136 Stat. 1759, provided that: “Except as otherwise expressly provided, when an amendment made by this Act to title 38, United States Code [see Tables for classification], adds a section or larger organizational unit to that title or amends the designation or heading of a section or larger organizational unit in that title, that amendment also shall have the effect of amending any table of sections in that title to alter the table to conform to the changes made by the amendment.”

Honoring as Veterans Certain Persons Who Performed Service in the Reserve Components of the Armed Forces

Pub. L. 114–315, title III, § 305, Dec. 16, 2016, 130 Stat. 1552, provided that: “Any person who is entitled under chapter 1223 of title 10, United States Code, to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this honor.”

Coordination of Provisions With Pub. L. 109–444

Pub. L. 109–461, title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3468, provided that: “If this Act is enacted after the enactment of the Veterans Programs Extension Act of 2006 [Pub. L. 109–444, approved Dec. 21, 2006], then as of the date of the enactment of this Act [Dec. 22, 2006], the Veterans Programs Extension Act of 2006 [see Tables for classification] and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect.”

Redesignation of Sections; Coordination of Redesignations With Other Amendments by Pub. L. 102–83

Pub. L. 102–83, § 5, Aug. 6, 1991, 105 Stat. 406, provided that: “(a) Redesignation of Sections To Conform To Chapter Numbers.—Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section. “(b) Tables of Sections and Chapters.—(1) The tables of sections at the beginning of the chapters referred to in subsection (a) are revised so as to conform the section references in those tables to the redesignations made by that subsection. “(2) The table of chapters before part I and the tables of chapters at the beginning of parts I, II, and III are revised so as to conform the section references in those tables to the redesignations made by subsection (a). “(c) Cross-References.—(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated. “(2) Any reference in a provision of law other than title 38, United States Code, to a section redesignated by subsection (a) shall be deemed to refer to the section as so redesignated. “(d) Rule for Execution.—The redesignations made by subsection (a) and the amendments made by subsections (b) and (c) shall be executed after any other amendments made by this Act [see Tables for classification].”

Study of Benefits Payable to Persons Residing Outside the United States; Report and Recommendations Not Later Than February 1, 1980

Pub. L. 96–22, title IV, § 402, June 13, 1979, 93 Stat. 63, authorized Administrator of Veterans’ Affairs, in consultation with Secretary of State, to carry out a comprehensive study of benefits payable under this title to persons residing outside the fifty States and the District of Columbia and required submission of a report to Congress and to President on results of such study not later than Feb. 1, 1980.

Disability Compensation or Dependency and Indemnity Compensation Award; Effective Date

Pub. L. 91–621, § 6(b), Dec. 31, 1970, 84 Stat. 1864, provided effective date for an award by Veteran’s Administration arising from injury or death occurring prior to Dec. 31, 1970, and based on a claim arising from amendments made to pars. (21)(C) and (25)(F) of this section and section 5305 of this title, prior to repeal by Pub. L. 107–372, title II, § 271(3), Dec. 19, 2002, 116 Stat. 3094.

Secretary and Department Defined

Pub. L. 106–117, § 3, Nov. 30, 1999, 113 Stat. 1547, provided that: “For purposes of this Act [see Tables for classification]— “(1) the term ‘Secretary’ means the Secretary of Veterans Affairs; and “(2) the term ‘Department’ means the Department of Veterans Affairs.”

Definition of Administrator for 1988 Amendments

Pub. L. 100–687, div. B, § 1002, Nov. 18, 1988, 102 Stat. 4122, provided that: “For purposes of this division [see Tables for classification], the term ‘Administrator’ means the Administrator of Veterans’ Affairs.”

Pub. L. 100–322, § 3, May 20, 1988, 102 Stat. 489, provided that: “For purposes of this Act [see Tables for classification], the term ‘Administrator’ means the Administrator of Veterans’ Affairs.”

Executive Documents

Proc. No. 4373. Terminal Date Respecting Service During Vietnam Era

Proc. No. 4373, May 7, 1975, 40 F.R. 20257, provided:

The Congress has provided that entitlement to certain veterans benefits be limited to persons serving in the Armed Forces during the period, beginning August 5, 1964, referred to as the Vietnam era. The President is authorized to determine the last day on which a person must have entered the active military, naval, or air service during that period.

The signing of the cease-fire agreements and implementing protocols on January 27, 1973, between the United States of America and the Republic of Vietnam, on the one hand, and the Democratic Republic of Vietnam and the Provisional Revolutionary Government of the Republic of South Vietnam on the other hand, has terminated active participation by the Armed Forces of the United States in the Vietnam conflict.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of the authority vested in me by Section 101(29) of Title 38 of the United States Code, do hereby proclaim, for the purposes of said Section 101(29), that May 7, 1975, is designated as the last day of the “Vietnam era.”

IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May in the year of our Lord nineteen hundred seventy-five, and of the Independence of the United States of America the one hundred ninety-ninth.