§ 4211. Definitions

1,595 words·~7 min read·/usc/title-38/section-4211

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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;

(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; or

(D)was discharged or released from active duty by reason of a sole survivorship discharge (as that term is defined in section 1174(i) of title 10).

(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 Regulatory Commission, and the term “department, agency, or instrumentality in the executive branch” includes the United States Postal Service and the Postal Regulatory 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, § 503(a), Oct. 24, 1972, 86 Stat. 1097, § 2011; amended Pub. L. 94–502, title VI, § 607(1), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 96–466, title V, § 508, Oct. 17, 1980, 94 Stat. 2206; Pub. L. 97–306, title III, § 309, Oct. 14, 1982, 96 Stat. 1441; Pub. L. 98–223, title II, § 206, Mar. 2, 1984, 98 Stat. 43; Pub. L. 101–237, title IV, § 407(a)(2), Dec. 18, 1989, 103 Stat. 2082; Pub. L. 102–16, § 1, Mar. 22, 1991, 105 Stat. 48; Pub. L. 102–54, § 14(c)(9), June 13, 1991, 105 Stat. 285; renumbered § 4211 and amended Pub. L. 102–83, §§ 4(a)(1), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403, 406;

Pub. L. 102–127, § 5, Oct. 10, 1991, 105 Stat. 622; Pub. L. 102–568, title V, § 502, Oct. 29, 1992, 106 Stat. 4340; Pub. L. 104–106, div. A, title XV, § 1501(e)(2)(D), Feb. 10, 1996, 110 Stat. 501; Pub. L. 106–419, title III, § 322(c), Nov. 1, 2000, 114 Stat. 1855; Pub. L. 107–288, § 2(b)(2)(D), Nov. 7, 2002, 116 Stat. 2036; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242; Pub. L. 110–317, § 6(b), Aug. 29, 2008, 122 Stat. 3528.)

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