§ 109. — Benefits for discharged members of allied forces.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC109]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 1--GENERAL
Sec. 109. Benefits for discharged members of allied forces
(a)(1) In consideration of reciprocal services extended to the
United States, the Secretary, upon request of the proper officials of
the government of any nation allied or associated with the United States
in World War I (except any nation which was an enemy of the United
States during World War II), or in World War II, may furnish to
discharged members of the armed forces of such government, under
agreements requiring reimbursement in cash of expenses so incurred, at
such rates and under such regulations as the Secretary may prescribe,
medical, surgical, and dental treatment, hospital care, transportation
and traveling expenses, prosthetic appliances, education, training, or
similar benefits authorized by the laws of such nation for its veterans,
and services required in extending such benefits. Hospitalization in a
Department facility shall not be afforded under this section, except in
emergencies, unless there are available beds surplus to the needs of
veterans of this country. The Secretary may also pay the court costs and
other expenses incident to the proceedings taken for the commitment of
such discharged members who are mentally incompetent to institutions for
the care or treatment of the insane.
(2) The Secretary, in carrying out the provisions of this
subsection, may contract for necessary services in private, State, and
other Government hospitals.
(3) All amounts received by the Department as reimbursement for such
services shall be credited to the current appropriation of the
Department from which expenditures were made under this subsection.
(b) Persons who served in the active service in the armed forces of
any government allied with the United States in World War II and who at
time of entrance into such active service were citizens of the United
States shall, by virtue of such service, and if otherwise qualified, be
entitled to the benefits of chapters 31 and 37 of this title in the same
manner and to the same extent as veterans of World War II are entitled.
No such benefit shall be extended to any person who is not a resident of
the United States at the time of filing claim, or to any person who has
applied for and received the same or any similar benefit from the
government in whose armed forces such person served.
(c)(1) Any person who served during World War I or World War II as a
member of any armed force of the Government of Czechoslovakia or Poland
and participated while so serving in armed conflict with an enemy of the
United States and has been a citizen of the United States for at least
ten years shall, by virtue of such service, and upon satisfactory
evidence thereof, be entitled to hospital and domiciliary care and
medical services within the United States under chapter 17 of this title
to the same extent as if such service had been performed in the Armed
Forces of the United States unless such person is entitled to, or would,
upon application thereof, be entitled to, payment for equivalent care
and services under a program established by the foreign government
concerned for persons who served in its armed forces in World War I or
World War II.
(2) In order to assist the Secretary in making a determination of
proper service eligibility under this subsection, each applicant for the
benefits thereof shall furnish an authenticated certification from the
French Ministry of Defense or the British War Office as to records in
either such Office which clearly indicate military service of the
applicant in the Czechoslovakian or Polish armed forces and subsequent
service in or with the armed forces of France or Great Britain during
the period of World War I or World War II.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 94-491, Oct. 14,
1976, 90 Stat. 2363; Pub. L. 99-576, title VII, Sec. 701(8), Oct. 28,
1986, 100 Stat. 3291; Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E),
Aug. 6, 1991, 105 Stat. 404, 405.)
Amendments
1991--Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator'' wherever appearing.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
Subsec. (a)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Subsec. (a)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
``Department'' for ``Veterans' Administration'' in two places.
Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
1986--Subsec. (b). Pub. L. 99-576 substituted ``such person'' for
``he''.
1976--Subsec. (c). Pub. L. 94-491 added subsec. (c).
