§ 3901. Definitions

1,146 words·~5 min read·/usc/title-38/section-3901

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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.

(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.)

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