§ 2104. Benefits additional to benefits under other laws

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. § 2104

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 804

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 804

2. 1980

   Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

   Pub. L. 96–385 title III § 301(c) · 94 Stat. 1528

   1. Amended · 38 U.S.C. § 2104

      Pub. L. 96–385 designated existing provisions as subsec. (a)

   2. Substituted · 38 U.S.C. § 2104

      Pub. L. 96–385 substituted “except as provided in subsection (b) of this section, the assistance authorized by section 801 of this title” for “the assistance authorized by this chapter”

   3. Added · 38 U.S.C. § 2104

      Pub. L. 96–385 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 96–385 designated existing provisions as subsec. (a), substituted “except as provided in subsection (b) of this section, the assistance authorized by section 801 of this title” for “the assistance authorized by this chapter”, and added subsec. (b).

   Enacted provision · exact public law section
   (c) Section 804 is amended— 38 USC 804. (1) by inserting “(a)” before “Any veteran”; (2) by striking out “the assistance authorized by this chapter” and inserting in lieu thereof “except as provided in subsection (b) of this section, the assistance authorized by section 801 of this title”; and (3) by adding at the end the following new subsection: Home health services. Supra. “(b) A veteran eligible for assistance under section 801(b) of this title shall not by reason of such eligibility be denied benefits for which such veteran becomes eligible under section 801(a) of this title or benefits relating to home health services under section 612(a) of this title. However, no particular type of adaptation, improvement, or structural alteration provided to a veteran under section 612(a) of 38 USC 612. this title may be provided to such veteran under section 801(b) of this title.”.

   Effective date note
   Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title.

3. 1991

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

   Changed · 38 U.S.C. § 2104

   Pub. L. 102–83, § 5(a), renumbered section 804 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 804 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.

4. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 2104(a)

   Pub. L. 102–83, § 5(c)(1), substituted “2101” for “801”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “2101” for “801”.

   Enacted provision · exact public law section
   (1) 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.

5. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   1. Substituted · 38 U.S.C. § 2104(b)

      Pub. L. 102–83, § 5(c)(1), substituted “2101(b)” for “801(b)” in two places

   2. Substituted · 38 U.S.C. § 2104(b)

      Pub. L. 102–83, § 5(c)(1), substituted “2101(a)” for “801(a)” in two places

   3. Substituted · 38 U.S.C. § 2104(b)

      Pub. L. 102–83, § 5(c)(1), substituted “1712(a)” for “612(a)” in two places

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “2101(b)” for “801(b)” in two places, “2101(a)” for “801(a)”, and “1712(a)” for “612(a)” in two places.

   Enacted provision · exact public law section
   (1) 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.

6. 1996

   Veterans’ Benefits Improvements Act of 1996

   Pub. L. 104–275 · 110 Stat. 3322

   Substituted · 38 U.S.C. § 2104(b)

   Pub. L. 104–275 substituted “section 1717(a)(2)” for “section 1712(a)” in two places

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–275 substituted “section 1717(a)(2)” for “section 1712(a)” in two places.

7. 2008

   Foreclosure Prevention Act of 2008

   Pub. L. 110–289 § 2602(b)(5)(A) · 122 Stat. 2654

   Substituted · 38 U.S.C. § 2104(a)

   Pub. L. 110–289, § 2602(b)(5)(A), substituted “individual” for “veteran” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 110–289, § 2602(b)(5)(A), substituted “individual” for “veteran” in two places.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “veteran” each place it appears and inserting “individual”; and

8. 2008

   Foreclosure Prevention Act of 2008

   Pub. L. 110–289 § 2602(b)(5)(B) · 122 Stat. 2654

   1. Substituted · 38 U.S.C. § 2104(b)

      Pub. L. 110–289, § 2602(b)(5)(B), substituted “An individual” for “A veteran”

   2. Substituted · 38 U.S.C. § 2104(b)

      Pub. L. 110–289, § 2602(b)(5)(B), substituted “an individual” for “a veteran”

   3. Substituted · 38 U.S.C. § 2104(b)

      Pub. L. 110–289, § 2602(b)(5)(B), substituted “such individual” for “such veteran” in two places

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 110–289, § 2602(b)(5)(B), substituted “An individual” for “A veteran” and “an individual” for “a veteran” and substituted “such individual” for “such veteran” in two places.

   Enacted provision · exact public law section
   (B) in subsection (b)— (i) in the first sentence, by striking “A veteran” and inserting “An individual”; (ii) in the second sentence, by striking “a veteran” and inserting “an individual”; and (iii) by striking “such veteran” each place it appears and inserting “such individual”.

9. 2018

   Pub. L. 115–177 § 1(c)(3)(A) · 132 Stat. 1376

   Struck · 38 U.S.C. § 2104(a)

   Pub. L. 115–177, § 1(c)(3)(A), struck out “; however, except as provided in subsection (b) of this section, the assistance authorized by section 2101 of this title shall not be available to any individual more than once” before period at end

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–177, § 1(c)(3)(A), struck out “; however, except as provided in subsection (b) of this section, the assistance authorized by section 2101 of this title shall not be available to any individual more than once” before period at end.

   Enacted provision · exact public law section
   (A) in subsection (a), by striking “; however” and all that follows through “once”;

10. 2018

    Pub. L. 115–177 § 1(c)(3)(B) · 132 Stat. 1376

    Struck · 38 U.S.C. § 2104(b)

    Pub. L. 115–177, § 1(c)(3)(B), struck out “However, no particular type of adaptation, improvement, or structural alteration provided to an individual under section 1717(a)(2) of this title may be provided to such individual under section 2101(b) of this title.” at end

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–177, § 1(c)(3)(B), struck out “However, no particular type of adaptation, improvement, or structural alteration provided to an individual under section 1717(a)(2) of this title may be provided to such individual under section 2101(b) of this title.” at end.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking the second sentence; and

11. 2018

    Pub. L. 115–177 § 1(c)(3)(C) · 132 Stat. 1376

    Added · 38 U.S.C. § 2104(c)

    Pub. L. 115–177, § 1(c)(3)(C), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–177, § 1(c)(3)(C), added subsec. (c).

    Enacted provision · exact public law section
    (C) by adding at the end the following new subsection: “(c) The Secretary may not provide assistance to a veteran under this chapter if the Secretary determines such assistance would result in a duplication of benefits under this title to the veteran.” .

15 of 17 references resolved to an enrolled provision · 2 partial