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38 U.S.C. § 1811

Section 1811 · Definitions

Amended 2 times on record

Applied in 2 court decisions — leading case Crowel v. Administrator of Veterans' Affairs (1983)

Most recently applied in 536 F. App'x 1012 - Turner v. Shinseki (September 2013)

How often courts cite this section

1982199020002010201310Crowel v. Administrator of Veterans' Affairsleading · 1983 · Crowel v. Administrator of Veterans' Affairs108-183amended · 2003 · 108-183
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

In this subchapter:

(1) The term “eligible child” means an individual who—

(A) is the child (as defined in section 1831(1) of this title) of a woman Vietnam veteran; and

(B) was born with one or more covered birth defects.

(2) The term “covered birth defect” means a birth defect identified by the Secretary under section 1812 of this title.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Prior Provisions

A prior section 1811 was renumbered section 3711 of this title.

Amendments

2003—Par. (1)(A). Pub. L. 108–183 substituted “section 1831(1)” for “section 1821(1)”.

Effective Date

Pub. L. 106–419, title IV, §401(g), Nov. 1, 2000, 114 Stat. 1861, provided that:

“(1) Except as provided in paragraph (2), the amendments made by this section [enacting this subchapter and subchapter III of this chapter, amending sections 1802 and 1805 of this title, and repealing sections 1801 and 1806 of this title] shall take effect on the first day of the first month beginning more than one year after the date of the enactment of this Act [Nov. 1, 2000].

“(2) The Secretary of Veterans Affairs shall identify birth defects under section 1812 of title 38, United States Code (as added by subsection (a) of this section), and shall prescribe the regulations required by subchapter II of chapter 18 of that title (as so added), not later than the effective date specified in paragraph (1).”

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