eligible person

(1)The term “eligible person” means any of the following: (A)A child of a person who, as a result of qualifying service— (i)died of a service-connected disability; or (ii)has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence. (B)The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service. (C)The spouse or child of any member of the Armed Forces serving on active duty who, at the time of application for benefits under this chapter is listed, pursuant tosection 556 of title 37and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power. (E)The spouse or child of a person who— (i)at the time of the Secretary’s determination under clause (ii), is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment; (ii)the Secretary determines has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service; and (iii)is likely to be discharged or released from such service for such disability.


38 USC § 3501(a)(1)

Scoping language

For the purposes of this chapter
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