US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 1502

Determinations with respect to disability

(a)
For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is any of the following:
(1)
A patient in a nursing home for long-term care because of disability.
(2)
Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner.
(3)
Unemployable as a result of disability reasonably certain to continue throughout the life of the person.
(4)
Suffering from—
(A)
any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or
(B)
any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled.
(b)
For the purposes of this chapter, a person shall be considered to be in need of regular aid and attendance if such person is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.
(c)
For the purposes of this chapter, the requirement of “permanently housebound” will be considered to have been met when the veteran is substantially confined to such veteran’s house (ward or clinical areas, if institutionalized) or immediate premises due to a disability or disabilities which it is reasonably certain will remain throughout such veteran’s lifetime.

Pub. L. 85–85772 Stat. 1134Pub. L. 88–664, § 6(b)78 Stat. 1095Pub. L. 90–77, title I, § 10281 Stat. 178Pub. L. 94–169, title I, § 106(2)89 Stat. 1017Pub. L. 94–432, title II, § 20190 Stat. 1369Pub. L. 101–508, title VIII, § 8002(a)104 Stat. 1388–342Pub. L. 102–83105 Stat. 404–406Pub. L. 107–103, title II, § 206(a)115 Stat. 990Pub. L. 109–233, title V, § 502(3)120 Stat. 415(, , , § 502; , , ; , , ; , , ; , , ; , , ; renumbered § 1502 and amended , §§ 4(b)(1), (2)(E), 5(a), , ; , , ; , , .)

Editorial Notes

Prior Provisions

section 3102 of this titlePrior section 1502 was renumbered .

Pub. L. 85–85772 Stat. 1171Pub. L. 86–721, § 374 Stat. 820Pub. L. 87–815, § 776 Stat. 927Pub. L. 89–138, § 2(2)79 Stat. 578Pub. L. 90–631, § 1(a)82 Stat. 1331Pub. L. 92–540, title I, § 101(1)86 Stat. 1074Pub. L. 93–508, title I, § 101(2)88 Stat. 1578Pub. L. 94–502, title I, § 104(1)90 Stat. 2384Pub. L. 96–466Section 802(a)(3) of Pub. L. 96–466section 3100 of this titleAnother prior section 1502, , , ; , , ; , , ; , , ; , , ; , title III, § 301, , , 1080; , , ; , , , related to the basic entitlement of veterans with service-connected disabilities to vocational rehabilitation under chapter 31 of this title, prior to the general revision of chapter 31 of this title by . , set out as an Effective Date note under , provided that this prior section 1502 continue in effect until .

Pub. L. 87–591, § 176 Stat. 393Pub. L. 89–138, § 2(3)79 Stat. 578Prior section 1502A, , , , which related to vocational rehabilitation for blinded veterans, was repealed by , , .

Amendments

Pub. L. 109–2332006—Subsec. (b)(2). substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”.

Pub. L. 107–1032001—Subsec. (a). substituted “such person is any of the following:” and pars. (1) to (4) for “such a person is unemployable as a result of disability reasonably certain to continue throughout the life of the disabled person, or is suffering from—

“(1) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the disabled person; or

“(2) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled.”

Pub. L. 102–83, § 5(a)section 502 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 4(b)(1)Subsec. (a)(2). , (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 101–5081990—Subsec. (a). amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is sixty-five years of age or older or became unemployable after age 65, or suffering from—”.

Pub. L. 94–4321976—Subsec. (a). inserted “or became unemployable after age 65,” after “or older”.

Pub. L. 94–1691975—Subsecs. (a) and (b). substituted “such person” for “he”.

Pub. L. 94–169Subsec. (c). substituted “such veteran’s” for “his” wherever appearing.

Pub. L. 90–77, § 102(a)1967—Subsec. (a). , provided for consideration of a person sixty-five years of age or older as permanently and totally disabled.

Pub. L. 90–77, § 102(b)Subsec. (b). , added cl. (1) and designated existing provisions as cl. (2).

Pub. L. 88–6641964—Subsec. (c). added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Pub. L. 107–103, title II, § 206(b)115 Stat. 991

“The amendment made by subsection (a) [amending this section] shall take effect as of .”
, , , provided that:

Effective Date of 1990 Amendment

Pub. L. 101–508, title VIII, § 8002(b)104 Stat. 1388–342

“The amendment made by subsection (a) [amending this section] shall apply with respect to claims filed after .”
, , , provided that:

Effective Date of 1976 Amendment

Pub. L. 94–432section 405(b) of Pub. L. 94–432section 1521 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, § 10689 Stat. 1017, , , provided that the amendment made by that section is effective .

Effective Date of 1967 Amendment

Pub. L. 90–77section 405 of Pub. L. 90–77section 101 of this titleAmendment by effective first day of first calendar month which begins more than ten days after , see , set out as a note under .

Effective Date of 1964 Amendment

Pub. L. 88–664section 11 of Pub. L. 88–664section 1503 of this titleAmendment by effective , see , set out as a note under .