[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC4211]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 42--EMPLOYMENT AND TRAINING OF VETERANS
Sec. 4211. Definitions
As used in this chapter--
(1) The term ``special disabled veteran'' means--
(A) a veteran who is entitled to compensation (or who but for
the receipt of military retired pay would be entitled to
compensation) under laws administered by the Secretary for a
disability (i) rated at 30 percent or more, or (ii) rated at 10 or
20 percent in the case of a veteran who has been determined under
section 3106 of this title to have a serious employment handicap; or
(B) a person who was discharged or released from active duty
because of service-connected disability.
(2) The term ``veteran of the Vietnam era'' means an eligible
veteran any part of whose active military, naval, or air service was
during the Vietnam era.
(3) The term ``disabled veteran'' means (A) a veteran who is
entitled to compensation (or who but for the receipt of military retired
pay would be entitled to compensation) under laws administered by the
Secretary, or (B) a person who was discharged or released from active
duty because of a service-connected disability.
(4) The term ``eligible veteran'' means a person who--
(A) served on active duty for a period of more than 180 days and
was discharged or released therefrom with other than a dishonorable
discharge;
(B) was discharged or released from active duty because of a
service-connected disability; or
(C) as a member of a reserve component under an order to active
duty pursuant to section 12301(a), (d), or (g), 12302, or 12304 of
title 10, served on active duty during a period of war or in a
campaign or expedition for which a campaign badge is authorized and
was discharged or released from such duty with other than a
dishonorable discharge.
(5) The term ``department or agency'' means any agency of the
Federal Government or the District of Columbia, including any Executive
agency as defined in section 105 of title 5 and the United States Postal
Service and the Postal Rate Commission, and the term ``department,
agency, or instrumentality in the executive branch'' includes the United
States Postal Service and the Postal Rate Commission.
(6) The term ``recently separated veteran'' means any veteran during
the three-year period beginning on the date of such veteran's discharge
or release from active duty.
(Added Pub. L. 92-540, title V, Sec. 503(a), Oct. 24, 1972, 86 Stat.
1097, Sec. 2011; amended Pub. L. 94-502, title VI, Sec. 607(1), Oct. 15,
1976, 90 Stat. 2405; Pub. L. 96-466, title V, Sec. 508, Oct. 17, 1980,
94 Stat. 2206; Pub. L. 97-306, title III, Sec. 309, Oct. 14, 1982, 96
Stat. 1441; Pub. L. 98-223, title II, Sec. 206, Mar. 2, 1984, 98 Stat.
43; Pub. L. 101-237, title IV, Sec. 407(a)(2), Dec. 18, 1989, 103 Stat.
2082; Pub. L. 102-16, Sec. 1, Mar. 22, 1991, 105 Stat. 48; Pub. L. 102-
54, Sec. 14(c)(9), June 13, 1991, 105 Stat. 285; renumbered Sec. 4211
and amended Pub. L. 102-83, Secs. 4(a)(1), 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 403, 406; Pub. L. 102-127, Sec. 5, Oct. 10, 1991, 105 Stat.
622; Pub. L. 102-568, title V, Sec. 502, Oct. 29, 1992, 106 Stat. 4340;
Pub. L. 104-106, div. A, title XV, Sec. 1501(e)(2)(D), Feb. 10, 1996,
110 Stat. 501; Pub. L. 106-419, title III, Sec. 322(c), Nov. 1, 2000,
114 Stat. 1855; Pub. L. 107-288, Sec. 2(b)(2)(D), Nov. 7, 2002, 116
Stat. 2036.)
Amendments
2002--Par. (6). Pub. L. 107-288 substituted ``three-year period''
for ``one-year period''.
2000--Par. (6). Pub. L. 106-419 added par. (6).
1996--Par. (4)(C). Pub. L. 104-106 substituted ``section 12301(a),
(d), or (g), 12302, or 12304 of title 10'' for ``section 672(a), (d), or
(g), 673, or 673b of title 10''.
1992--Par. (2). Pub. L. 102-568 substituted ``The term'' for ``(A)
Subject to subparagraph (B) of this paragraph, the term'' and struck out
subpar. (B) which read as follows: ``No veteran may be considered to be
a veteran of the Vietnam era under this paragraph after December 31,
1994, except for purposes of section 4214 of this title.''
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 2011 of this
title as this section.
Par. (1)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3106'' for
``1506'' in cl. (ii).
Pub. L. 102-83, Sec. 4(a)(1), substituted ``laws administered by the
Secretary'' for ``laws administered by the Veterans' Administration'' in
introductory provisions.
Par. (2)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted ``4214'' for
``2014''.
Pub. L. 102-54 inserted comma before ``except for purposes''.
Pub. L. 102-16 substituted ``1994'' for ``1991''.
Par. (3). Pub. L. 102-83, Sec. 4(a)(1), substituted ``laws
administered by the Secretary'' for ``laws administered by the Veterans'
Administration''.
Par. (4). Pub. L. 102-127 amended par. (4) generally. Prior to
amendment, par. (4) read as follows: ``The term `eligible veteran' means
a person who (A) served on active duty for a period of more than 180
days and was discharged or released therefrom with other than a
dishonorable discharge, or (B) was discharged or released from active
duty because of a service-connected disability.''
1989--Par. (2)(B). Pub. L. 101-237 inserted before period at end
``except for purposes of section 2014 of this title''.
1984--Par. (1). Pub. L. 98-223 expanded term ``special disabled
veteran'' to include a veteran with a disability rated at 10 to 20
percent in the case of a veteran who has been determined under section
1506 of this title to have a serious employment handicap.
1982--Pars. (1), (3). Pub. L. 97-306, Sec. 309(1), inserted ``(or
who but for the receipt of military retired pay would be entitled to
compensation)'' after ``compensation''.
Par. (5). Pub. L. 97-306, Sec. 309(2), inserted provision that the
United States Postal Service and the Postal Rate Commission are within
the definition of ``department or agency'' and that the term
``department, agency, or instrumentality in the executive branch''
includes the United States Postal Service and the Postal Rate
Commission.
1980--Pub. L. 96-466 added definitions for terms ``special disabled
veteran'' and ``eligible veteran'', in provisions defining term
``veteran of the Vietnam era'' substituted reference to an eligible
veteran any part of whose active service was during the Vietnam era with
cut-off date of Dec. 31, 1991, for reference to a person who served on
active duty for more than 180 days, any part of which occurred during
the Vietnam era, and was discharged or released with other than a
dishonorable discharge, or was discharged or released for a service-
connected disability if any part of the active duty was performed during
the Vietnam era, and who was discharged or released within the 48 months
preceding the person's application for employment covered under this
chapter, in the provisions defining term ``disabled veteran''
substituted reference to compensation under laws administered by the
Veterans' Administration for reference to disability compensation under
such laws for a disability rated at 30 per centum or more and reference
to a service-connected disability for reference to a disability incurred
or aggravated in the line of duty
