38 U.S.C. § 101: Definitions

The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. who is under the age of eighteen years; who, before attaining the age of eighteen years, became permanently incapable of self-support; or who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; was less than eighteen years of age at the time of adoption; is receiving one-half or more of such person’s annual support from such veteran; is not in the custody of such person’s natural parent, unless such natural parent is such veteran’s spouse; and is residing with such veteran (or in the case of divorce following adoption, with the divorced spouse who is also an adoptive or natural parent) except for periods during which such person is residing apart from such veteran (or such divorced spouse) for purposes of full-time attendance at an educational institution or during which such person or such veteran (or such divorced spouse) is confined in a hospital, nursing home, other health-care facility, or other institution; and at any time within the one-year period immediately preceding such veteran’s death, such veteran was entitled to and was receiving a dependent’s allowance or similar monetary benefit under this title for such person; or for a period of at least one year prior to such veteran’s death, such person met the requirements of clause (i) of this subparagraph. The term “parent” means (except for purposes of chapter 19 of this title) a father, a mother, a father through adoption, a mother through adoption, or an individual who for a period of not less than one year stood in the relationship of a parent to a veteran at any time before the veteran’s entry into active military, naval, air, or space service or if two persons stood in the relationship of a father or a mother for one year or more, the person who last stood in the relationship of father or mother before the veteran’s last entry into active military, naval, air, or space service. The term “Spanish-American War” (A) means the period beginning on April 21, 1898 , and ending on July 4, 1902 , (B) includes the Philippine Insurrection and the Boxer Rebellion, and (C) in the case of a veteran who served with the United States military forces engaged in hostilities in the Moro Province, means the period beginning on April 21, 1898 , and ending on July 15, 1903 . The term “World War I” (A) means the period beginning on April 6, 1917 , and ending on November 11, 1918 , and (B) in the case of a veteran who served with the United States military forces in Russia, means the period beginning on April 6, 1917 , and ending on April 1, 1920 . The term “World War II” means (except for purposes of chapters 31 and 37 of this title) the period beginning on December 7, 1941 , and ending on December 31, 1946 . The term “Korean conflict” means the period beginning on June 27, 1950 , and ending on January 31, 1955 . The term “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components thereof. The term “period of war” means the Spanish-American War, the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress. The term “veteran of any war” means any veteran who served in the active military, naval, air, or space service during a period of war. The term “compensation” means a monthly payment made by the Secretary to a veteran because of service-connected disability, or to a surviving spouse, child, or parent of a veteran because of the service-connected death of the veteran occurring before January 1, 1957 . The term “dependency and indemnity compensation” means a monthly payment made by the Secretary to a surviving spouse, child, or parent (A) because of a service-connected death occurring after December 31, 1956 , or (B) pursuant to the election of a surviving spouse, child, or parent, in the case of such a death occurring before January 1, 1957 . The term “pension” means a monthly or other periodic payment made by the Secretary to a veteran because of service, age, or non-service-connected disability, or to a surviving spouse or child of a veteran because of the non-service-connected death of the veteran. The term “service-connected” means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, air, or space service. The term “non-service-connected” means, with respect to disability or death, that such disability was not incurred or aggravated, or that the death did not result from a disability incurred or aggravated, in line of duty in the active military, naval, air, or space service. The term “discharge or release” includes (A) retirement from the active military, naval, air, or space service, and (B) the satisfactory completion of the period of active military, naval, air, or space service for which a person was obligated at the time of entry into such service in the case of a person who, due to enlistment or reenlistment, was not awarded a discharge or release from such period of service at the time of such completion thereof and who, at such time, would otherwise have been eligible for the award of a discharge or release under conditions other than dishonorable. The term “State home” means a home established by a State (other than a possession) or Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) for veterans disabled by age, disease, or otherwise who by reason of such disability are incapable of earning a living. Such term also includes such a home which furnishes nursing home care for veterans. The term “State” means each of the several States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. For the purpose of section 2303 and chapters 34 and 35 of this title, such term also includes the Canal Zone. full-time duty in the Armed Forces, other than active duty for training; full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps 1 of the Public Health Service (i) on or after 1 See Change of Name note below. July 29, 1945 , or (ii) before that date under circumstances affording entitlement to “full military benefits” or (iii) at any time, for the purposes of chapter 13 of this title; full-time duty as a commissioned officer in the commissioned officer corps of the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey (i) on or after July 29, 1945 , or (ii) before that date (I) while on transfer to one of the Armed Forces, or (II) while, in time of war or national emergency declared by the President, assigned to duty on a project for one of the Armed Forces in an area determined by the Secretary of Defense to be of immediate military hazard, or (III) in the Philippine Islands on December 7, 1941 , and continuously in such islands thereafter, or (iii) at any time, for the purposes of chapter 13 of this title; service as a cadet at the United States Military, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy; and authorized travel to or from such duty or service. full-time duty in the Armed Forces performed by Reserves for training purposes; full-time duty for training purposes performed as a commissioned officer of the Reserve Corps 1 of the Public Health Service (i) on or after July 29, 1945 , or (ii) before that date under circumstances affording entitlement to “full military benefits”, or (iii) at any time, for the purposes of chapter 13 of this title; in the case of members of the Army National Guard or Air National Guard of any State, full-time duty under section 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law; duty performed by a member of a Senior Reserve Officers’ Training Corps program when ordered to such duty for the purpose of training or a practice cruise under chapter 103 of title 10 for a period of not less than four weeks and which must be completed by the member before the member is commissioned; and authorized travel to or from such duty. duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps 1 of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10 ), by the Secretary concerned under section 206 of title 37 or any other provision of law; special additional duties authorized for Reserves (including commissioned officers of the Reserve Corps 1 of the Public Health Service), or for members of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10 ), by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned; and training (other than active duty for training) by a member of, or applicant for membership (as defined in section 8140(g) of title 5 ) in, the Senior Reserve Officers’ Training Corps prescribed under chapter 103 of title 10. active duty; any period of active duty for training during which the individual concerned was disabled or died from a disease or injury incurred or aggravated in line of duty; and from an injury incurred or aggravated in line of duty; or from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident occurring during such training. the Secretary of the Army, with respect to matters concerning the Army; the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps; the Secretary of the Air Force, with respect to matters concerning the Air Force or the Space Force; the Secretary of Homeland Security, with respect to matters concerning the Coast Guard; the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service; and the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration or its predecessor organization the Coast and Geodetic Survey. The term “Reserve” means a member of a reserve component of one of the Armed Forces. the Army Reserve; the Navy Reserve; the Marine Corps Reserve; the Air Force Reserve; the Coast Guard Reserve; the Army National Guard of the United States; and the Air National Guard of the United States. The term “nursing home care” means the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require nursing care and related medical services, if such nursing care and medical services are prescribed by, or are performed under the general direction of, persons duly licensed to provide such care. Such term includes services furnished in skilled nursing care facilities, in intermediate care facilities, and in combined facilities. It does not include domiciliary care. The period beginning on November 1, 1955 , and ending on May 7, 1975 , in the case of a veteran who served in the Republic of Vietnam during that period. The period beginning on August 5, 1964 , and ending on May 7, 1975 , in all other cases. The term “Mexican border period” means the period beginning on May 9, 1916 , and ending on April 5, 1917 , in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto. The term “spouse” means a person of the opposite sex who is a wife or husband. by an enemy government or its agents, or a hostile force, during a period of war; or by a foreign government or its agents, or a hostile force, under circumstances which the Secretary finds to have been comparable to the circumstances under which persons have generally been forcibly detained or interned by enemy governments during periods of war. The term “Persian Gulf War” means the period beginning on August 2, 1990 , and ending on the date thereafter prescribed by Presidential proclamation or by law. The term “agency of original jurisdiction” means the activity which entered the original determination with regard to a claim for benefits under laws administered by the Secretary. The term “relevant evidence” means evidence that tends to prove or disprove a matter in issue. The term “supplemental claim” means a claim for benefits under laws administered by the Secretary filed by a claimant who had previously filed a claim for the same or similar benefits on the same or similar basis. A toxic exposure risk activity, as defined in section 1710(e)(4) of this title . An exposure to a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title . The term “toxic-exposed veteran” means any veteran described in section 1710(e)(1) of this title . the date that is 540 days after the date of the enactment of this Act [ Aug. 23, 2017 ]; and to carry out the new appeals system; to timely address appeals under the new appeals system; and to timely address appeals of decisions on legacy claims; and a summary of the expectations for performance outcomes that the Secretary used in making the certification under clause (i)(III) and a comparison of such expected performance outcomes with actual performance outcomes with respect to appeals of legacy claims before the effective date of the new appeals system. In determining whether and when to make a certification under paragraph (1)(B), the Secretary shall collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate. receives a notice of a decision under section 5104 of such title after the date of the enactment of this Act and before the applicability date set forth in paragraph (1); and elects to subject the claim to the new appeals system. The Secretary may begin implementation of the new appeals system in phases, with the first phase of such phased implementation beginning on the applicability date set forth in paragraph (1). With respect to legacy claims, upon the issuance to a claimant of a statement of the case or supplemental statement of the case occurring on or after the applicability date specified in paragraph (1), a claimant may elect to participate in the new appeals system. Not later than the date on which the new appeals system goes into effect (or the first phase of the new appeals system goes into effect under paragraph (4), as the case may be), the Secretary shall publish in the Federal Register such date. the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives. The term ‘veterans service organization’ means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38 , United States Code.” The amendments made by this section [amending this section and sections 1965 and 1967 to 1970 of this title] shall take effect on the first day of the first month that begins more than 120 days after the date of the enactment of this Act [ June 5, 2001 ]. is furnished an explanation of the insurance benefits available for dependents under the amendments made by this section; and is afforded an opportunity before such effective date to make elections that are authorized under those amendments to be made with respect to dependents. The term ‘Secretary concerned’ has the meaning given that term in section 101 of title 38 , United States Code. The term ‘eligible member’ means a member of the uniformed services described in subparagraph (A) or (C) of section 1967(a)(1) of title 38 , United States Code, as amended by subsection (b)(1).” with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after September 30, 1982 , shall take effect as of October 1, 1982 ; and with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated before October 1, 1982 , shall take effect as of October 1, 1983 .” Except as provided in subsections (b) and (c) of this section, this Act [see Tables for classification] shall become effective on the first day of the first calendar month which begins more than ten days after the date of enactment of this Act [ Aug. 31, 1967 ]. The amendments made by section 203 of this Act [amending sections 602 and 612 [now 1702 and 1712 of this title] shall become effective upon enactment [ Aug. 31, 1967 ]. The amendments made by title II [§§ 201–204] of this Act [amending this section] relating to the payment of burial benefits in the case of veterans of the Vietnam era shall become effective on the date of enactment of this Act [ Aug. 31, 1967 ]. If the burial allowance authorized by section 902 [now 2302] of title 38, United States Code is payable solely by virtue of the enactment of this Act, the two-year period for filing applications, referred to in section 904 [now 2304] of such title 38, shall not end, with respect to an individual whose death occurred prior to the enactment of this Act; before the expiration of the two-year period which begins on the date of enactment of this Act; or in any case involving the correction of a discharge after the date of enactment of this Act; before the expiration of two years from the date of such correction.” 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. 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.” 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. 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. 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). 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. 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. 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].” the term ‘Secretary’ means the Secretary of Veterans Affairs; and the term ‘Department’ means the Department of Veterans Affairs.”