38 USC § 2104 - Benefits additional to benefits under other laws | Title 38 - Veterans Benefits | U.S. Code

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Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

(a) Any individual who accepts the benefits of this chapter shall not by reason thereof be denied the benefits of chapter 37 of this title; however, except as provided in subsection (b) of this section, the assistance authorized by section 2101 of this title shall not be available to any individual more than once.

(b) An individual eligible for assistance under section 2101 (b) of this title shall not by reason of such eligibility be denied benefits for which such individual becomes eligible under section 2101 (a) of this title or benefits relating to home health services under section 1717 (a)(2) of this title. However, no particular type of adaptation, improvement, or structural alteration provided to an individual under section 1717 (a)(2) of this title may be provided to such individual under section 2101 (b) of this title.

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(a) Any individual who accepts the benefits of this chapter shall not by reason thereof be denied the benefits of chapter 37 of this title; however, except as provided in subsection (b) of this section, the assistance authorized by section 2101 of this title shall not be available to any individual more than once.

(b) An individual eligible for assistance under section 2101 (b) of this title shall not by reason of such eligibility be denied benefits for which such individual becomes eligible under section 2101 (a) of this title or benefits relating to home health services under section 1717 (a)(2) of this title. However, no particular type of adaptation, improvement, or structural alteration provided to an individual under section 1717 (a)(2) of this title may be provided to such individual under section 2101 (b) of this title.

Source

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 804; Pub. L. 96–385, title III, § 301(c),Oct. 7, 1980, 94 Stat. 1531; renumbered § 2104 and amended Pub. L. 102–83, § 5(a), (c)(1),Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–262, title I, § 101(e)(2),Oct. 9, 1996, 110 Stat. 3180; Pub. L. 110–289, div. B, title VI, § 2602(b)(5),July 30, 2008, 122 Stat. 2859.)

Prior Provisions

Prior section 2104,Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1223, related to time limitations, prior to repeal by Pub. L. 89–50, § 1(a),June 24, 1965, 79 Stat. 173, effective July 1, 1966.

Amendments

2008—Subsec. (a). Pub. L. 110–289, § 2602(b)(5)(A), substituted “individual” for “veteran” in two places.

Subsec. (b). Pub. L. 110–289, § 2602(b)(5)(B), substituted “An individual” for “A veteran” and “an individual” for “a veteran” and substituted “such individual” for “such veteran” in two places.

1996—Subsec. (b). Pub. L. 104–275substituted “section 1717 (a)(2)” for “section 1712 (a)” in two places.

1991—Pub. L. 102–83, § 5(a), renumbered section 804 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “2101” for “801”.

Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “2101(b)” for “801(b)” in two places, “2101(a)” for “801(a)”, and “1712(a)” for “612(a)” in two places.

1980—Pub. L. 96–385designated existing provisions as subsec. (a), substituted “except as provided in subsection (b) of this section, the assistance authorized by section 801 of this title” for “the assistance authorized by this chapter”, and added subsec. (b).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385effective Oct. 1, 1980, see section 601(b) ofPub. L. 96–385, set out as a note under section 1114 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 3, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.

The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the "enrolled" version at the Thomas site.

The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser "find on this (web) page" tools. We are still working on a more direct link facility.

For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.

Sections with change type "new" are a special case, still under development. All are now listed, at the title level only.

You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.

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General Reference

Refer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.

You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

38 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

32 CFR - Title 32—National Defense

32 CFR Part 536 - CLAIMS AGAINST THE UNITED STATES

38 CFR - Title 38—Pensions, Bonuses, and Veterans' Relief

38 CFR Part 8a - VETERANS MORTGAGE LIFE INSURANCE

38 USC § 2104 - Benefits additional to benefits under other laws

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