2011 US Code Title 38 - Veterans’ Benefits
| Publication Title | United States Code, 2006 Edition, Supple ... |
| Contains | Sections 101 to 8528 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | Yes |
Full Answer
What is Title 38 Veterans Affairs?
Title 38 United States Code section3.1(d) states, Veteran means a person who has served in the active military, naval, or air service who was discharged or released under conditions other than dishonorable.
What is a VA title 38?
VA Title 38 U.S.C. 1151 claims. If you suffered an added disability—or your existing injury or disease got worse—while you were getting VA medical care or taking part in a VA program designed to help you find, get, or keep a job, you may be able to get compensation.
Are VA physicians Title 38?
VA’s Payroll Provider’s system will accrue leave earned for each type of leave based upon the leave accrual rate effective at that time and will adjust for leave taken based upon timecard entries. The minimum charge for leave is one quarter hour for all employees with the exception of full time Title 38 physicians and dentists
What are the benefits of Veterans?
What are the benefits of hiring veterans?
- Goal driven. While in the military, all personnel undergo consistent goal setting and assessment cycles. ...
- Trained leaders. While not every veteran serves in a leadership role, the military takes care to provide leadership training to the majority of its members and encourages personnel to ...
- Responsible. ...
- Decisive. ...
- Analytical. ...
- Autonomous. ...
- Dedicated. ...
- Focused. ...
What are Title 38 benefits?
Veteran disability compensation (US Code Title 38 Chapter 11) is a tax-free benefit paid to a veteran for disabilities that are a result of or made worse by injuries or diseases that happened while on active duty, active duty for training, or certain inactive duty training.
What is Title 38 in the VA?
Essentially, Title 38 employees are medical or health care providers who work at the VA or National Institutes of Health (NIH) and are appointed under Title 38 of the US Code. Employment laws for Title 38 employees are specific to your profession.
What type of benefits will a veteran receive if granted compensation under 38 USC 1151?
1151(a) for additional disability or death due to hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program.
What is Title 38 US Code Chapter 39?
38 USC Ch. 39: AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES.
Are active duty military considered veterans?
Under US law, a veteran is defined as 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.” With this definition, those who are actively serving in the military do not fall under the category of a veteran.
Can you sue the VA for benefits?
You can file a claim with the VA for disability compensation (commonly referred to as a Section 1151 claim), and/or you can seek money damages under the Federal Torts Claims Act (FTCA).
What is the average VA disability rating for knee pain?
The most common rating VA assigns for limitation of flexion of the knee is 10 percent, although the highest rating a veteran can receive is 30 percent.
What medical conditions qualify for VA disability?
You may be able to get VA disability benefits for conditions such as:Chronic (long-lasting) back pain resulting in a current diagnosed back disability.Breathing problems resulting from a current lung condition or lung disease.Severe hearing loss.Scar tissue.Loss of range of motion (problems moving your body)Ulcers.More items...•
Can you sue the VA for denying a claim?
Guide to Sue the VA The VA must be given at least six months to conduct an investigation before suit can be filed in federal court. If the claim is denied, a claimant must either request reconsideration or file a lawsuit in federal court within six months of the date of denial or the claim is forever barred.
Am I eligible for compensation from VA?
You may be eligible for compensation from VA if you suffered an added disability or your existing disability got worse as the direct result of any...
What kind of benefits can I get?
Compensation (payments)
How do I get these benefits?
You’ll need to file a claim for disability compensation. When you file, you’ll have to show that the added disability happened because of VA medica...
Title 38 U.S.C. 1151 Claims
Title 38 U.S.C. Section 1151 allows VA to pay compensation for death or disability "as if service-connected." Don't be confused with this subtle difference. The disability is not considered service-connected. Under Section 1151, benefits may be paid for:
Evidence Requirements
As a result of VA hospitalization, medical or surgical treatment, examination, or training, the evidence must show you have:
Example
A Veteran was pursuing training under VA's Chapter 31 Vocational Rehabilitation and Employment program. He was receiving on-the-job training as a car mechanic. During training, a jack slipped from a car and crushed his left foot.
What is chapter 37 of title 38?
Chapter 37 of title 38, United States Code, is a continuation and restatement of the provisions of title III of the Servicemen’s Readjustment Act of 1944, and may be considered to be an amendment to such title III.”. Improvement of United States Code by Pub. L. 102–83; Corresponding Provisions; Savings Provision.
What is an action taken or an offense committed under a provision of title 38?
An action taken or an offense committed under a provision of title 38, United States Code, replaced by a provision of that title enacted by section 2 shall be treated as having been taken or committed under the corresponding provision enacted by this Act.”. Amendments.
When did the 38 amendments become effective?
Amendments effective after August 18, 1958, made to any provision of law replaced by title 38, United States Code, shall, notwithstanding the repeal of such provision by section 14 of this Act, supersede the corresponding provisions of title 38, United States Code, to the extent that such amendments are inconsistent therewith.”.
What is a regulation, rule, or order in effect under a provision of title 38?
A regulation, rule, or order in effect under a provision of title 38, United States Code, replaced by a provision of that title enacted by section 2 shall continue in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. “ (c) General Savings Provision.—.
Title 38 U.S.C. 1151 Claims
- Title 38 U.S.C. Section 1151 allows VA to pay compensation for death or disability "as if service-connected." Don't be confused with this subtle difference. The disability is not considered service-connected. Under Section 1151, benefits may be paid for: 1. Injuries incurred or aggravated while receiving VA-sponsored medical treatment. 2. Injuries ...
Eligibility Requirements
- You must be a Veteran
- You must have a disabling condition that is the result of or has been aggravated due to VA sponsored medical treatment or training
Evidence Requirements
- As a result of VA hospitalization, medical or surgical treatment, examination, or training, the evidence must show you have: 1. An additional disability or disabilities, OR 2. An aggravation of an existing injury or disease, AND The disability was: 1. The direct result of VA fault such as carelessness, negligence, lack of proper skill, or error in judgment, OR 2. Not a reasonably expec…
Example
- A Veteran was pursuing training under VA's Chapter 31 Vocational Rehabilitation and Employment program. He was receiving on-the-job training as a car mechanic. During training, a jack slipped from a car and crushed his left foot. Disability compensation may be paid for his foot injury because the injury occurred while the Veteran was pursuing training under a VA Vocational Reha…
How to Apply
- Apply on eBenefits OR
- Work with an accredited representative or agent OR
- Go to a VA regional office and have a VA employee assist you. You can find your regional office on our Facility Locatorpage