Federal · Title 38 — Veterans’ Benefits
38 U.S.C. § 1728: Reimbursement of certain medical expenses
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An adjudicated service-connected disability. A non-service-connected disability associated with and held to be aggravating a service-connected disability. Any disability of a veteran if the veteran has a total disability permanent in nature from a service-connected disability. is a participant in a vocational rehabilitation program (as defined in section 3101 of this title ); and is medically determined to have been in need of care or treatment to make possible the veteran’s entrance into a course of training, or prevent interruption of a course of training, or hasten the return to a course of training which was interrupted because of such illness, injury, or dental condition. to the hospital or other health facility furnishing the emergency treatment; or to the person or organization making such expenditure on behalf of such veteran. a claim for direct payment was submitted by an individual or entity under subsection (b)(2); and an administrative error made by the individual or entity, such as submission of the claim to the wrong Federal agency or submission of the claim after the deadline; or an administrative error made by the Department, such as misplacement of a paper claim or deletion of an electronic claim. In this section, the term “emergency treatment” has the meaning given such term in section 1725(h)(1) of this title . The Secretary of Veterans Affairs shall pay, or reimburse a covered veteran for, the cost of transporting the veteran by ambulance, including air ambulance, from a covered location to a provider of the Department of Veterans Affairs, a non-Department provider, or the nearest hospital that can meet the needs of the veteran (including a hospital that compacts with the Indian Health Service) for covered care. The maximum cumulative amount covered under this section for a covered veteran is $46,000. This section shall cease to be effective on September 30, 2026 . The term ‘covered care’ means care for a veteran eligible for care provided by the Department of Veterans Affairs under title 38, United States Code, or any other law administered by the Secretary of Veterans Affairs, even if the care associated with the transport described in subsection (a) is not authorized by the Department. in a State that is 100 miles or more from the nearest medical center of the Department of Veterans Affairs; and in an area rated as a 10 or higher under the rural-urban commuting areas coding system of the Department of Agriculture. has a service-connected disability rated by the Secretary as between 0 and 30 percent disabling; is not eligible for payments or reimbursements for beneficiary travel or other transportation under the laws administered by the Secretary of Veterans Affairs, other than under this section; and is not entitled to care or services under a non-Department of Veterans Affairs health-plan contract. The term ‘health-plan contract’ has the meaning given that term in section 1725 of title 38 , United States Code. The term ‘service-connected’ has the meaning given that term in section 101 of such title.”
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