§ 1151. Benefits for persons disabled by treatment or vocational rehabilitation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 1151

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 351

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1124, § 351

2. 1962

   Pub. L. 87–825 § 3 · 76 Stat. 948

   Struck · 38 U.S.C. § 1151

   Pub. L. 87–825 provided that where an individual is awarded a judgment under section 1346(b) of title 28, enters a settlement or compromise under section 2672 or 2677 of such title by reason of a disability, aggravation, or death treated pursuant to this section as if service-connected, then no benefits shall be paid such individual for any month beginning after such judgment, settlement or compromise becomes final until the aggregate amount of benefits equals the total amount included in such judgment, settlement, or compromise, and struck out provisions which required that no benefits were to be awarded unless application was made therefor within two years after an injury or aggravation was suffered, or a death occurred

   Source evidence

   Code amendment note
   Pub. L. 87–825 provided that where an individual is awarded a judgment under section 1346(b) of title 28, enters a settlement or compromise under section 2672 or 2677 of such title by reason of a disability, aggravation, or death treated pursuant to this section as if service-connected, then no benefits shall be paid such individual for any month beginning after such judgment, settlement or compromise becomes final until the aggregate amount of benefits equals the total amount included in such judgment, settlement, or compromise, and struck out provisions which required that no benefits were to be awarded unless application was made therefor within two years after an injury or aggravation was suffered, or a death occurred.

   Enacted provision · exact public law section
   Sec. 3. Section 351 of title 38, United States Code, is amended by striking out except that no benefits shall be awarded unless application be made therefor within two years after such injury or aggravation was suffered, or such death occurred”, and by adding at the end thereof the following: “Where an individual is hereafter awarded a judgment against the United States in a civil action brought pursuant 63 Stat. 62. 62 Stat. 983, 984; 73 Stat. 471. to section 1346(b) of title 28, United States Code, or hereafter enters into a settlement or compromise under section 2672 or 2677 of title 28, United States Code, by reason of a disability, aggravation, or death treated pursuant to this section as if it were service-connected, then no benefits shall be paid to such individual for any month beginning after the date such judgment, settlement, or compromise on account of such disability, aggravation, or death becomes final until the aggregate amount of benefits which would be paid but for this sentence equals the total amount included in such judgment, settlement, or compromise.”

3. 1969

   Pub. L. 91–24 § 3 · 83 Stat. 33

   Substituted · 38 U.S.C. § 1151

   Pub. L. 91–24 substituted “, on or after December 1, 1962,” for “hereafter” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 91–24 substituted “, on or after December 1, 1962,” for “hereafter” wherever appearing.

   Enacted provision · exact public law section
   Sec. 3. Section 351 of title 38, United States Code, is amended by deleting “hereafter” each place it appears therein and inserting in lieu thereof “, on or after December 1, 1962,”.

4. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 title IV § 404(19) · 90 Stat. 1374

   1. Struck · 38 U.S.C. § 1151

      Pub. L. 94–433 struck out “him” before “under any of the laws”

   2. Substituted · 38 U.S.C. § 1151

      Pub. L. 94–433 substituted “such veteran’s” for “his” in first sentence

   Source evidence

   Code amendment note
   Pub. L. 94–433 struck out “him” before “under any of the laws” and substituted “such veteran’s” for “his” in first sentence.

   Enacted provision · exact public law section
   (19) by striking out in section 351 “him”, and by striking out in such section “his” and inserting in lieu thereof “such veteran’s”;

5. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 title II § 213(1) · 98 Stat. 37

   Substituted · 38 U.S.C. § 1151

   Pub. L. 98–223 substituted “title 28” for “title 28, United States Code,” in two places

   Source evidence

   Code amendment note
   Pub. L. 98–223 substituted “title 28” for “title 28, United States Code,” in two places.

   Enacted provision · exact public law section
   (1) Section 351 is amended by striking out “title 28, United States Code,” both places it appears and inserting in lieu thereof “title 28”.

6. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 1151

   Pub. L. 102–83, § 5(a), renumbered section 351 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 351 of this title as this section.

   Enacted provision · exact public law section
   (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.

7. 1991

   Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 1151

   Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

   Enacted provision · exact public law section
   (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

8. 1996

   Pub. L. 104–204 § 422(a)(1) · 110 Stat. 2874

   1. Added · 38 U.S.C. § 1151(a)

      Pub. L. 104–204, § 422(a)(1), added subsec. (a)

   2. Struck · 38 U.S.C. § 1151(a)

      Pub. L. 104–204, § 422(a)(1), struck out former first sentence of section which read as follows: “Where any veteran shall have suffered an injury, or an aggravation of an injury, as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation under chapter 31 of this title, awarded under any of the laws administered by the Secretary, or as a result of having submitted to an examination under any such law, and not the result of such veteran’s own willful misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, disability or death compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded in the same manner as if such disability, aggravation, or death were service-connected.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–204, § 422(a)(1), added subsec. (a) and struck out former first sentence of section which read as follows: “Where any veteran shall have suffered an injury, or an aggravation of an injury, as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation under chapter 31 of this title, awarded under any of the laws administered by the Secretary, or as a result of having submitted to an examination under any such law, and not the result of such veteran’s own willful misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, disability or death compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded in the same manner as if such disability, aggravation, or death were service-connected.”

   Enacted provision · exact public law section
   (1) by striking out the first sentence and inserting in lieu thereof the following: “(a) Compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected. For purposes of this section, a disability or death is a qualifying additional disability or qualifying death if the disability or death was not the result of the veteran’s willful misconduct and— “(1) the disability or death was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by the Secretary, either by a Department employee or in a Department facility as defined in section 1701(3)(A) of this title, and the proximate cause of the disability or death was— “(A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or examination; or “(B) an event not reasonably foreseeable; or “(2) the disability or death was proximately caused by the provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary for such purpose under section 3115 of this title) as part of an approved rehabilitation program under chapter 31 of this title.”; and

9. 1996

   Pub. L. 104–204 § 422(a)(2) · 110 Stat. 2874

   1. Amended · 38 U.S.C. § 1151(b)

      Pub. L. 104–204, § 422(a)(2), designated second sentence of section as subsec. (b)

   2. Struck · 38 U.S.C. § 1151(b)

      Pub. L. 104–204, § 422(a)(2), struck out “, aggravation,” after “disability” in two places

   3. Substituted · 38 U.S.C. § 1151(b)

      Pub. L. 104–204, § 422(a)(2), substituted “this subsection equals the total amount” for “this sentence equals the total amount”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–204, § 422(a)(2), designated second sentence of section as subsec. (b), struck out “, aggravation,” after “disability” in two places, and substituted “this subsection equals the total amount” for “this sentence equals the total amount”.

   Enacted provision · exact public law section
   (2) in the second sentence— (A) by redesignating that sentence as subsection (b); (B) by striking out “, aggravation,” both places it appears; and (C) by striking out “sentence” and substituting in lieu thereof “subsection”.

10. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title III § 303 · 114 Stat. 1822

    1. Inserted · 38 U.S.C. § 1151(a)(2)

       Pub. L. 106–419 inserted “(A)” after “proximately caused”

    2. Added · 38 U.S.C. § 1151(a)(2)

       Pub. L. 106–419 added cl. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 106–419 inserted “(A)” after “proximately caused” and added cl. (B).

    Enacted provision · exact public law section
    SEC. 303. BENEFITS FOR PERSONS DISABLED BY PARTICIPATION INCOMPENSATED WORK THERAPY PROGRAM. Section 1151(a)(2) is amended— (1) by inserting “(A)” after “proximately caused”; and (2) by inserting before the period at the end the following: “, or (B) by participation in a program (known as a ‘compensated work therapy program’) under section 1718 of this title”.

11. 2004

    Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 304(c) · 118 Stat. 3598

    1. Amended · 38 U.S.C. § 1151(b)

       Pub. L. 108–454, § 304(c), designated existing provision as par. (1)

    2. Inserted · 38 U.S.C. § 1151(b)

       Pub. L. 108–454, § 304(c), inserted “(except as otherwise provided in paragraph (2))” after “service-connected, then”

    3. Added · 38 U.S.C. § 1151(b)

       Pub. L. 108–454, § 304(c), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–454, § 304(c), designated existing provision as par. (1), inserted “(except as otherwise provided in paragraph (2))” after “service-connected, then”, and added par. (2).

    Enacted provision · exact public law section
    (c) Administration of Offset Provision.— Subsection (b) of section 1151 is amended— (1) by inserting “(1)” after “(b)”; (2) by inserting “(except as otherwise provided in paragraph (2))” after “service-connected, then”; and (3) by adding at the end the following new paragraph: “(2) In the case of a judgment, settlement, or compromise covered by paragraph (1) that becomes final on or after the date of the enactment of this paragraph and that includes an amount that is specifically designated for a purpose for which benefits are provided under chapter 21 or 39 of this title (hereinafter in this paragraph referred to as the ‘offset amount’), if such judgment, settlement, or compromise becomes final before the date of the award of benefits under chapter 21 or 39 for the purpose for which the offset amount was specifically designated— “(A) the amount of such award shall be reduced by the offset amount; and “(B) if the offset amount is greater than the amount of such award, the excess amount received pursuant to the judgment, settlement or compromise, shall be offset against benefits otherwise payable under this chapter.” .

    Effective date note
    Pub. L. 108–454, title III, § 304(b), Dec. 10, 2004, 118 Stat. 3611, provided that: “Subsection (c) of section 1151 of title 38, United States Code, as added by subsection (a), shall apply with respect to eligibility for benefits and services provided by the Secretary of Veterans Affairs on or after the date of the enactment of this Act [Dec. 10, 2004].”

12. 2004

    Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 304(a) · 118 Stat. 3598

    Added · 38 U.S.C. § 1151(c)

    Pub. L. 108–454, § 304(a), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–454, § 304(a), added subsec. (c).

    Enacted provision · exact public law section
    (a) Authorized Benefits.— Section 1151 is amended by adding at the end the following new subsection: “(c) A qualifying additional disability under this section shall be treated in the same manner as if it were a service-connected disability for purposes of the following provisions of this title: “(1) Chapter 21, relating to specially adapted housing. “(2) Chapter 39, relating to automobiles and adaptive equipment.” .

    Effective date note
    Pub. L. 108–454, title III, § 304(b), Dec. 10, 2004, 118 Stat. 3611, provided that: “Subsection (c) of section 1151 of title 38, United States Code, as added by subsection (a), shall apply with respect to eligibility for benefits and services provided by the Secretary of Veterans Affairs on or after the date of the enactment of this Act [Dec. 10, 2004].”

18 of 19 references resolved to an enrolled provision · 1 partial