US Code

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

38 U.S.C. § 1722

Determination of inability to defray necessary expenses; income thresholds

(a)
section 1710(a)(2)(G) of this title For the purposes of , a veteran shall be considered to be unable to defray the expenses of necessary care if—
(1)
42 U.S.C. 1396 the veteran is eligible to receive medical assistance under a State plan approved under title XIX of the Social Security Act ( et seq.);
(2)
section 1521 of this title the veteran is in receipt of pension under ; or
(3)
the veteran’s attributable income is not greater than the amount set forth in subsection (b).
(b)
(1)
For purposes of subsection (a)(3), the income threshold for the calendar year beginning on , is—
(A)
$17,240 in the case of a veteran with no dependents; and
(B)
$20,688 in the case of a veteran with one dependent, plus $1,150 for each additional dependent.
(2)
For a calendar year beginning after , the amounts in effect for purposes of this subsection shall be the amounts in effect for the preceding calendar year as adjusted under subsection (c) of this section.
(c)
section 5312(a) of this title Effective on January 1 of each year, the amounts in effect under subsection (b) of this section shall be increased by the percentage by which the maximum rates of pension were increased under during the preceding calendar year.
(d)
(1)
Notwithstanding the attributable income of a veteran, the Secretary may refuse to make a determination described in paragraph (2) of this subsection if the corpus of the estate of the veteran is such that under all the circumstances it is reasonable that some part of the corpus of the estate of the veteran be consumed for the veteran’s maintenance.
(2)
A determination described in this paragraph is a determination that for purposes of subsection (a)(3) of this section a veteran’s attributable income is not greater than the amount determined under subsection (b) of this section.
(3)
section 1522 of this title For the purposes of paragraph (1) of this subsection, the corpus of the estate of a veteran shall be determined in the same manner as the manner in which determinations are made of the corpus of the estates of persons under .
(e)
(1)
In order to avoid a hardship to a veteran described in paragraph (2) of this subsection, the Secretary may deem the veteran to have an attributable income during the previous year not greater than the amount determined under subsection (b) of this section.
(2)
A veteran is described in this paragraph for the purposes of subsection (a) of this section if—
(A)
the veteran has an attributable income greater than the amount determined under subsection (b) of this section; and
(B)
the current projections of such veteran’s income for the current year are that the veteran’s income for such year will be substantially below the amount determined under subsection (b).
(f)
For purposes of this section:
(1)
section 1521 of this title The term “attributable income” means the income of a veteran for the most recent year for which information is available determined in the same manner as the manner in which a determination is made of the total amount of income by which the rate of pension for such veteran under would be reduced if such veteran were eligible for pension under that section.
(2)
The term “corpus of the estate of the veteran” includes the corpus of the estates of the veteran’s spouse and dependent children, if any.
(3)
section 1710(a) of this title The term “previous year” means the calendar year preceding the year in which the veteran applies for care or services under .
(g)
section 1724(c) of this title For the purposes of , the fact that a veteran is—
(1)
42 U.S.C. 1396 eligible to receive medical assistance under a State plan approved under title XIX of the Social Security Act ( et seq.);
(2)
a veteran with a service-connected disability; or
(3)
in receipt of pension under any law administered by the Secretary,
shall be accepted as sufficient evidence of such veteran’s inability to defray necessary expenses.

Pub. L. 85–85772 Stat. 1144Pub. L. 89–612, § 180 Stat. 859Pub. L. 91–500, § 184 Stat. 1096Pub. L. 94–581, title II90 Stat. 2856Pub. L. 96–330, title IV, § 401(a)94 Stat. 1051Pub. L. 99–272, title XIX, § 19011(c)(1)100 Stat. 376Pub. L. 100–322, title I, § 102(b)102 Stat. 493Pub. L. 101–508, title VIII, § 8013(c)104 Stat. 1388–346Pub. L. 102–40, title IV, § 402(d)(1)105 Stat. 239Pub. L. 102–83105 Stat. 403–406Pub. L. 104–262, title I, § 101(d)(9)110 Stat. 3180Pub. L. 112–154, title VII, § 705126 Stat. 1206(, , , § 622; , , ; , , ; , §§ 202(k), 210(a)(9), , , 2863; , , ; , , ; , , ; , , ; , , ; renumbered § 1722 and amended , §§ 4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), , ; , , ; , , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of Title 42The Social Security Act, referred to in subsecs. (a)(1) and (g)(1), is , . Title XIX of the Social Security Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.

Prior Provisions

Pub. L. 85–85772 Stat. 1196Pub. L. 92–540, title IV, § 402(2)86 Stat. 1090section 3691 of this titlePrior section 1722, , , , related to change of program by eligible person, prior to repeal by , , . See .

Amendments

Pub. L. 112–1542012—Subsec. (f)(1). substituted “the most recent year for which information is available” for “the previous year”.

Pub. L. 104–262, § 101(d)(9)(A)1996—Subsec. (a). , substituted “section 1710(a)(2)(G)” for “section 1710(a)(1)(I)” in introductory provisions.

Pub. L. 104–262, § 101(d)(9)(B)Subsec. (f)(3). , struck out “or 1712(f)” before “of this title”.

Pub. L. 102–83, § 5(a)section 622 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a). , substituted “1710(a)(1)(I)” for “610(a)(1)(I)” in introductory provisions and “1521” for “521” in par. (2).

Pub. L. 102–40Subsec. (c). substituted “5312(a)” for “3112(a)”.

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

Pub. L. 102–83, § 5(c)(1)Subsec. (d)(3). , substituted “1522” for “522”.

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

Pub. L. 102–83, § 5(c)(1)Subsec. (f). , substituted “1521” for “521” in par. (1) and “1710(a) or 1712(f)” for “610(a) or 612(f)” in par. (3).

Pub. L. 102–83, § 5(c)(1)Subsec. (g). , substituted “1724(c)” for “624(c)” in introductory provisions.

Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in par. (3).

Pub. L. 101–508, § 8013(c)(1)section 610(a)(2)(A) of this title1990—Subsec. (a). , designated par. (1) as entire subsec. (a), redesignated cls. (A) to (C) as pars. (1) to (3), respectively, substituted “amount set forth in subsection (b)” for “Category A threshold” in par. (3), and struck out former par. (2) which read as follows: “For the purposes of , a veteran’s income level is described in this paragraph if the veteran’s attributable income is not greater than the Category B threshold.”

Pub. L. 101–508, § 8013(c)(2)Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “For the purposes of this section:

“(1) The Category A threshold—

“(A) for the calendar year beginning on , is—

“(i) $15,000 in the case of a veteran with no dependents; and

“(ii) $18,000 in the case of a veteran with one dependent, plus $1,000 for each additional dependent; and

“(B) for a calendar year beginning after , is the amount in effect for purposes of this paragraph for the preceding calendar year as adjusted under subsection (c) of this subsection.

“(2) The Category B threshold—

“(A) for the calendar year beginning on , is—

“(i) $20,000 in the case of a veteran with no dependents; and

“(ii) $25,000 in the case of a veteran with one dependent, plus $1,000 for each additional dependent; and

“(B) for a calendar year beginning after , is the amount in effect for purposes of this paragraph for the preceding calendar year as adjusted under subsection (c) of this subsection.”

Pub. L. 101–508, § 8013(c)(3)Subsec. (c). , struck out “paragraphs (1) and (2) of” before “subsection (b) of this section”.

Pub. L. 101–508, § 8013(c)(4)Subsec. (d)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A determination described in this paragraph is a determination—

“(A) that for the purposes of subsection (a)(1)(C) of this section a veteran’s attributable income is not greater than the Category A threshold; or

“(B) that for the purposes of subsection (a)(2) of this section a veteran’s attributable income is not greater than the Category B threshold.”

Pub. L. 101–508, § 8013(c)(5)(A)Subsec. (e)(1). , substituted “the amount determined under subsection (b) of this section” for “the Category A threshold or the Category B threshold, as appropriate”.

Pub. L. 101–508, § 8013(c)(5)(B)Subsec. (e)(2). , added par. (2) and struck out former par. (2) which read as follows:

“(A) A veteran is described in this paragraph for the purposes of subsection (a)(1) of this section if—

“(i) the veteran has an attributable income greater than the Category A threshold; and

“(ii) the current projections of such veteran’s income for the current year are that the veteran’s income for such year will be substantially below such threshold.

“(B) A veteran is described in this paragraph for the purposes of subsection (a)(2) of this section if—

“(i) the veteran has an attributable income greater than the Category B threshold; and

“(ii) the current projections of such veteran’s income for the current year are that the veteran’s income for such year will be substantially below such threshold.”

Pub. L. 100–3221988—Subsec. (g). substituted “section” for “sections 610(b)(2) and”.

Pub. L. 99–2721986— amended section generally, revising and restating existing provisions as subsec. (g) and adding subsecs. (a) to (f).

Pub. L. 96–3301980— substituted provisions relating to the facts that will be accepted as sufficient evidence of an individual’s inability to defray necessary expenses for provisions relating to the use of statements under oath to establish the inability to defray necessary expenses.

Pub. L. 94–581, § 202(k)1976—Subsec. (a). , substituted “610(a)(1)(B)” for “610(a)(1)” and “632(a)(2)” for “632(b)”.

Pub. L. 94–581, § 210(a)(9)Subsec. (b). , substituted “such veteran’s inability” for “his inability”.

Pub. L. 91–5001970— designated existing provisions as subsec. (a) and added subsec. (b).

Pub. L. 89–612section 632(b) of this title1966— inserted reference to .

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–508Pub. L. 102–145section 111 of Pub. L. 102–145section 1710 of this titleAmendment by to remain in effect through the period covered by , see , set out as a note under .

Pub. L. 101–508Pub. L. 102–109section 111 of Pub. L. 102–109section 1710 of this titleAmendment by to remain in effect through the period covered by , see , set out as a note under .

Pub. L. 101–508section 8013(d) of Pub. L. 101–508section 1710 of this titleAmendment by applicable with respect to hospital care and medical services received after , see , as amended, set out as a note under .

Effective Date of 1986 Amendment

section 19011(f) of Pub. L. 99–272section 1710 of this titleProvisions of this section as in effect on the day before , applicable with respect to hospital and nursing home care furnished on or after , to veterans furnished such care or services on , but only to the extent that such care is furnished with respect to the same episode of care for which it was furnished on , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–581section 211 of Pub. L. 94–581section 111 of this titleAmendment by effective , see , set out as a note under .

Initial Increase Under Subsection (c)

Pub. L. 99–272, title XIX, § 19011(c)(3)100 Stat. 378section 19011(c)(1) of Pub. L. 99–272, , , provided that the first increase under subsection (c) of this section, as added by , was to take effect on .