Definitions

38 U.S.C. § 3901

• Title: 38 — Veterans' Benefits
• Chapter: 39 — AUTOMOBILES AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED VETERANS AND MEMBERS OF THE ARMED FORCES

Text

For purposes of this chapter:
(1) The term "eligible person" means the following:
(A) Any veteran entitled to compensation under chapter 11 of this title for any of the following disabilities, if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, air, or space service:
(i) The loss or permanent loss of use of one or both feet.
(ii) The loss or permanent loss of use of one or both hands.
(iii) The permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than twenty degrees in the better eye.
(iv) A severe burn injury (as determined pursuant to regulations prescribed by the Secretary).
(B) Any member of the Armed Forces serving on active duty who is suffering from any disability described in clause (i), (ii), (iii), or (iv) of subparagraph (A) if such disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, air, or space service.
(2) The term "adaptive equipment" includes, but is not limited to, power steering, power brakes, power window lifts, power seats, special equipment necessary to assist the eligible person into and out of the automobile or other conveyance, and nonarticulating trailers solely designed to transport powered wheelchairs, powered scooters, or other similar mobility devices. Such term also includes (A) air-conditioning equipment when such equipment is necessary to the health and safety of the veteran and to the safety of others, regardless of whether the automobile or other conveyance is to be operated by the eligible person or is to be operated for such person by another person; and (B) any modification of the size of the interior space of the automobile or other conveyance if needed because of the physical condition of such person in order for such person to enter or operate the vehicle.

History

(Added Pub. L. 91–666, §2(a), Jan. 11, 1971, 84 Stat. 1998, §1901; amended Pub. L. 93–538, §2, Dec. 22, 1974, 88 Stat. 1736; Pub. L. 94–433, title III, §303, Sept. 30, 1976, 90 Stat. 1377; Pub. L. 95–116, §1(a), Oct. 3, 1977, 91 Stat. 1062; renumbered §3901, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 111–275, title VIII, §803(a), (b), Oct. 13, 2010, 124 Stat. 2889; Pub. L. 116–283, div. A, title IX, §926(a)(50), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 117–333, §20, Jan. 5, 2023, 136 Stat. 6138.)

Editorial Notes

Editorial Notes

Amendments
2023—Par. (2). Pub. L. 117–333 substituted "special" for "and special" and "conveyance, and nonarticulating trailers solely designed to transport powered wheelchairs, powered scooters, or other similar mobility devices." for "conveyance."
2021—Par. (1). Pub. L. 116–283 substituted "air, or space service" for "or air service" in subpars. (A) and (B).
2010—Pub. L. 111–275, §803(b)(1), substituted "chapter:" for "chapter—" in introductory provisions.
Par. (1). Pub. L. 111–275, §803(b)(2)(A), substituted "means the following:" for "means—" in introductory provisions.
Par. (1)(A). Pub. L. 111–275, §803(a)(1)(A), (b)(2)(B)(i), in introductory provisions, substituted "Any veteran" for "any veteran" and "the following disabilities" for "the disabilities described in subclause (i), (ii), or (iii) below".
Par. (1)(A)(i), (ii). Pub. L. 111–275, §803(b)(2)(B)(ii), substituted period for semicolon at end.
Par. (1)(A)(iii). Pub. L. 111–275, §803(b)(2)(B)(iii), substituted period for "; or" at end.
Par. (1)(A)(iv). Pub. L. 111–275, §803(a)(1)(B), added cl. (iv).
Par. (1)(B). Pub. L. 111–275, §803(a)(2), (b)(2)(C), substituted "Any member" for "any member" and "clause (i), (ii), (iii), or (iv) of subparagraph (A)" for "subclause (i), (ii), or (iii) of clause (A) of this paragraph".
1991—Pub. L. 102–83 renumbered section 1901 of this title as this section.
1977—Par. (1). Pub. L. 95–116 struck out "on or after September 16, 1940" after "or air service" in cls. (A) and (B).
1976—Par. (1). Pub. L. 94–433, §303(1), (2), substituted "on or after September 16, 1940" for "during World War II or thereafter" in cls. (A) and (B).
1974—Par. (1)(A). Pub. L. 93–538, §2(1), substituted "World War II or thereafter" for "World War II, or the Korean conflict; or if the disability is the result of an injury incurred or disease contracted in or aggravated by active military, naval, or air service performed after January 31, 1955, and the injury was incurred or the disease was contracted in line of duty as a direct result of the performance of military duty."
Par. (1)(B). Pub. L. 93–538, §2(2), substituted "World War II or thereafter" for "World War II, the Korean conflict, or the Vietnam era; or if such disability is the result of an injury incurred or disease contracted in or aggravated by any other active military, naval, or air service performed after January 31, 1955, and the injury was incurred or the disease was contracted in line of duty as a direct result of the performance of military duty."
Par. (2). Pub. L. 93–538, §2(2), substituted definition of "adaptive equipment" for definition of "World War II".

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment
Pub. L. 111–275, title VIII, §803(c), Oct. 13, 2010, 124 Stat. 2889, provided that: "The amendments made by this section [amending this section] shall take effect on October 1, 2011."

Effective Date of 1977 Amendment
Pub. L. 95–116, §1(b), Oct. 3, 1977, 91 Stat. 1062, provided that: "The amendment made by subsection (a) of this section [amending this section] shall become effective October 1, 1977."

Effective Date of 1976 Amendment
Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Effective Date of 1974 Amendment
Pub. L. 93–538, §6, Dec. 22, 1974, 88 Stat. 1737, provided that: "The provisions of this Act [enacting section 1904 [now 3904] of this title, amending this section and sections 1902 and 1903 [now 3902 and 3903] of this title, and enacting provisions set out as a note under this section] shall become effective on the first day of the second calendar month following the date of enactment [Dec. 22, 1974], except that clause (3) of section 3 [amending section 1902 [now 3902] of this title] shall take effect on January 11, 1971."

Short Title
For short title of Pub. L. 91–666, Jan. 11, 1971, 84 Stat. 1998, which enacted this chapter, as the "Disabled Veterans' and Servicemen's Automobile Assistance Act of 1970", see section 1 of Pub. L. 91–666, set out as a Short Title of 1971 Amendment note under section 101 of this title.