§ 1502. Determinations with respect to disability

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. § 1502

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 502

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 502

2. 1964

   Pub. L. 88–664 § 6(b) · 78 Stat. 1094

   Added · 38 U.S.C. § 1502(c)

   Pub. L. 88–664 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 88–664 added subsec. (c).

   Enacted provision · exact public law section
   (b) Section 502, title 38, United States Code, is amended by adding 72 Stat. 1134. after subsection (b) the following subsection: “(c) For the purposes of this chapter, the requirement of ‘permanently housebound’ will be considered to have been met when the veteran is substantially confined to his house (ward or clinical areas, if institutionalized) or immediate premises due to a disability or disabilities which it is reasonably certain will remain throughout his lifetime.”

3. 1967

   Veterans’ Pension and Readjustment Assistance Act of 1967

   Pub. L. 90–77 § 102(a) · 81 Stat. 178

   Changed · 38 U.S.C. § 1502(a)

   Pub. L. 90–77, § 102(a), provided for consideration of a person sixty-five years of age or older as permanently and totally disabled

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–77, § 102(a), provided for consideration of a person sixty-five years of age or older as permanently and totally disabled.

   Enacted provision · exact public law section
   (a) Subsection (a) of section 502 of title 38, United States Code, is amended by inserting immediately after “disabled if he is” the following: “sixty-five years of age or older or”.

4. 1967

   Veterans’ Pension and Readjustment Assistance Act of 1967

   Pub. L. 90–77 § 102(b) · 81 Stat. 178

   1. Added · 38 U.S.C. § 1502(b)

      Pub. L. 90–77, § 102(b), added cl. (1)

   2. Amended · 38 U.S.C. § 1502(b)

      Pub. L. 90–77, § 102(b), designated existing provisions as cl. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–77, § 102(b), added cl. (1) and designated existing provisions as cl. (2).

   Enacted provision · exact public law section
   (b) Subsection (b) of such section 502 is amended by inserting “(1) a patient in a nursing home or (2)” immediately after “if he is”.

5. 1975

   Veterans and Survivors Pension Interim Adjustment Act of 1975

   Pub. L. 94–169 title I § 106(2) · 89 Stat. 1013

   Substituted · 38 U.S.C. § 1502(a); 38 U.S.C. § 1502(b)

   Pub. L. 94–169 substituted “such person” for “he”

   Source evidence

   Code amendment note
   Subsecs. (a) and (b). Pub. L. 94–169 substituted “such person” for “he”.

   Enacted provision · exact public law section
   (2) by striking out in subsections (a), (b), and (c) of section 502 “he” and “his” each time they appear and inserting in lieu thereof “such person” and “such veteran’s”, respectively;

6. 1975

   Veterans and Survivors Pension Interim Adjustment Act of 1975

   Pub. L. 94–169 title I § 106(2) · 89 Stat. 1013

   Substituted · 38 U.S.C. § 1502(c)

   Pub. L. 94–169 substituted “such veteran’s” for “his” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–169 substituted “such veteran’s” for “his” wherever appearing.

   Enacted provision · exact public law section
   (2) by striking out in subsections (a), (b), and (c) of section 502 “he” and “his” each time they appear and inserting in lieu thereof “such person” and “such veteran’s”, respectively;

7. 1976

   Veterans and Survivors Pension Adjustment Act of 1976

   Pub. L. 94–432 title II § 201 · 90 Stat. 1369

   Inserted · 38 U.S.C. § 1502(a)

   Pub. L. 94–432 inserted “or became unemployable after age 65,” after “or older”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–432 inserted “or became unemployable after age 65,” after “or older”.

   Enacted provision · exact public law section
   Sec. 201. Section 502(a) of title 38, United States Code, is amended Disability determinations. Unmarried veterans. 38 USC 521. by inserting immediately after “or older” the following: “or became unemployable after age 65,”.

8. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 title VIII § 8002(a) · 104 Stat. 1388

   Amended · 38 U.S.C. § 1502(a)

   Pub. L. 101–508 amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is sixty-five years of age or older or became unemployable after age 65, or suffering from—”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–508 amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is sixty-five years of age or older or became unemployable after age 65, or suffering from—”.

   Enacted provision · exact public law section
   (a) Elimination of Presumption.— That portion of subsection (a) of section 502 of title 38, United States Code, preceding paragraph (1) is amended to read as follows: “(a) For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such a person is unemployable as a result of disability reasonably certain to continue through-out the life of the disabled person, or is suffering from—”.

9. 1991

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

   Changed · 38 U.S.C. § 1502

   Pub. L. 102–83, § 5(a), renumbered section 502 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 502 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.

10. 1991

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

    Substituted · 38 U.S.C. § 1502(a)(2)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

11. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title II § 206(a) · 115 Stat. 976

    Substituted · 38 U.S.C. § 1502(a)

    Pub. L. 107–103 substituted “such person is any of the following:” and pars. (1) to (4) for “such a person is unemployable as a result of disability reasonably certain to continue throughout the life of the disabled person, or is suffering from—

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–103 substituted “such person is any of the following:” and pars. (1) to (4) for “such a person is unemployable as a result of disability reasonably certain to continue throughout the life of the disabled person, or is suffering from—

    “(1) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the disabled person; or “(2) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled.”

    Enacted provision · exact public law section
    (a) In General.— Section 1502(a) is amended by striking “such a person” and all that follows through the end of the subsection and inserting the following: “such person is any of the following: “(1) A patient in a nursing home for long-term care because of disability. “(2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner. “(3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person. “(4) Suffering from— “(A) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or “(B) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled.”.

    Effective date note
    Pub. L. 107–103, title II, § 206(b), Dec. 27, 2001, 115 Stat. 991, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of September 17, 2001.”

12. 2006

    Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 title V § 502(3) · 120 Stat. 397

    Substituted · 38 U.S.C. § 1502(b)(2)

    Pub. L. 109–233 substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 109–233 substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”.

    Enacted provision · exact public law section
    (3) Sections 1115(1)(E)(ii), 1122(b)(2), 1311(c)(2), 1315(g)(2), and 1502(b)(2) are amended by striking “helpless or blind, or so nearly helpless or blind as to” and inserting “blind, or so nearly blind or significantly disabled as to”.

12 of 13 references resolved to an enrolled provision · 1 partial