§ 2101. — Veterans eligible for assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC2101]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 21--SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS
Sec. 2101. Veterans eligible for assistance
(a) The Secretary is authorized, under such regulations as the
Secretary may prescribe, to assist any veteran who is entitled to
compensation under chapter 11 of this title for permanent and total
service-connected disability--
(1) due to the loss, or loss of use, of both lower extremities,
such as to preclude locomotion without the aid of braces, crutches,
canes, or a wheelchair, or
(2) which includes (A) blindness in both eyes, having only light
perception, plus (B) loss or loss of use of one lower extremity, or
(3) due to the loss or loss of use of one lower extremity
together with (A) residuals of organic disease or injury, or (B) the
loss or loss of use of one upper extremity, which so affect the
functions of balance or propulsion as to preclude locomotion without
the aid of braces, crutches, canes, or a wheelchair,
in acquiring a suitable housing unit with special fixtures or movable
facilities made necessary by the nature of the veteran's disability, and
necessary land therefor. The regulations of the Secretary shall include,
but not be limited to, provisions requiring findings that (1) it is
medically feasible for such veteran to reside in the proposed housing
unit and in the proposed locality; (2) the proposed housing unit bears a
proper relation to the veteran's present and anticipated income and
expenses; and (3) the nature and condition of the proposed housing unit
are such as to be suitable to the veteran's needs for dwelling purposes.
(b)(1) Subject to paragraph (2) of this subsection, the Secretary,
under regulations which the Secretary shall prescribe, shall assist any
veteran (other than a veteran who is eligible for assistance under
subsection (a) of this section) who is entitled to compensation under
chapter 11 of this title for a permanent and total service-connected
disability which--
(A) is due to blindness in both eyes with 5/200 visual acuity or
less, or
(B) includes the anatomical loss or loss of use of both hands,
in acquiring such adaptations to such veteran's residence as are
determined by the Secretary to be reasonably necessary because of such
disability or in acquiring a residence already adapted with special
features determined by the Secretary to be reasonably necessary for the
veteran because of such disability.
(2) Assistance under paragraph (1) of this subsection may be
provided only to a veteran who the Secretary determines is residing in
and reasonably intends to continue residing in a residence owned by such
veteran or by a member of such veteran's family or, if the veteran's
residence is to be constructed or purchased, will be residing in and
reasonably intends to continue residing in a residence owned by such
veteran or by a member of such veteran's family.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1168, Sec. 801; Pub. L. 86-239,
Sept. 8, 1959, 73 Stat. 472; Pub. L. 88-401, Aug. 4, 1964, 78 Stat. 380;
Pub. L. 91-22, Sec. 1, June 6, 1969, 83 Stat. 32; Pub. L. 95-117, title
IV, Sec. 401, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 96-385, title III,
Sec. 301(a), Oct. 7, 1980, 94 Stat. 1531; Pub. L. 99-576, title IV,
Sec. 401(a), title VII, Secs. 701(48), 702(7), Oct. 28, 1986, 100 Stat.
3280, 3295, 3302; renumbered Sec. 2101 and amended Pub. L. 102-83,
Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
Prior Provisions
Prior section 2101, Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1222,
related to eligibility for mustering-out payments, prior to repeal by
Pub. L. 89-50, Sec. 1(a), June 24, 1965, 79 Stat. 173, effective July 1,
1966.
Amendments
1991--Pub. L. 102-83 renumbered section 801 of this title as this
section and substituted ``Secretary'' for ``Administrator'' wherever
appearing.
1986--Subsec. (a). Pub. L. 99-576, Secs. 701(48), 702(7),
substituted ``the Administrator'' for ``he'' and ``veteran who'' for
``veteran, who'', and struck out ``, based on service after April 20,
1898,'' after ``chapter 11 of this title''.
Subsec. (b)(1). Pub. L. 99-576, Sec. 401(a), inserted at end ``or in
acquiring a residence already adapted with special features determined
by the Administrator to be reasonably necessary for the veteran because
of such disability''.
1980--Pub. L. 96-385 designated existing provisions as subsec. (a)
and added subsec. (b).
1978--Pub. L. 95-117 in cl. (3) inserted reference to loss or loss
of use of one upper extremity and reference to braces, crutches, and
canes.
1969--Pub. L. 91-22 added cl. (3) which authorized the Administrator
to provide housing assistance to veterans whose permanent and total
disability consists of loss or loss of use of one lower extremity when
such loss precludes locomotion without a wheelchair.
1964--Pub. L. 88-401 struck out provisions from cl. (2)(B) which
required such permanent and total disability to be such as to preclude
locomotion without the aid of a wheelchair.
1959--Pub. L. 86-239 designated existing provisions of first
sentence as cl. (1), struck out ``by reason of amputation, ankylosis,
progressive muscular dystrophies, or paralysis'' after ``loss of use'',
and added cl. (2).
Effective Date of 1980 Amendment
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.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section 501
of Pub. L. 95-117, set out as a note under section 1114 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2102, 2104 of this title.
