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38 USC Sec. 2101
01/22/02
TITLE 38 -
VETERANS' BENEFITS
PART
II - GENERAL BENEFITS
CHAPTER 21 -
SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS
Sec. 2101.
Veterans eligible for assistance
(a)
The Secretary is authorized, under such regulations as
the Secretary may prescribe, to assist any veteran who
is entitled to compensation under chapter 11 of this
title for permanent and total
service-connected disability --
(1)
due to the
loss, or loss of use, of both lower extremities, such
as to preclude locomotion without the aid of braces,
crutches, canes, or a wheelchair, or
(2)
which
includes (A) blindness in both eyes, having only light
perception, plus (B) loss or loss of use of one lower
extremity, or
(3)
due to the
loss or loss of use of one lower extremity together with
(A) residuals of organic disease or injury, or (B) the
loss or loss of use of one upper extremity, which so
affect the
functions of balance or propulsion as to preclude
locomotion without the aid of braces, crutches, canes,
or a wheelchair,
in
acquiring a suitable housing unit with special fixtures
or movable facilities made necessary by the nature of
the veteran's disability, and necessary land therefore.
The regulations of the
Secretary shall include, but not be
limited to, provisions requiring findings that
(1)
it is
medically feasible for such veteran to reside in the
proposed housing unit and in the proposed locality;
(2)
the
proposed housing unit bears a proper relation to the
veteran's present and anticipated income and
expenses; and
(3)
the nature
and condition of the proposed housing unit are such as
to be suitable to the veteran's needs for dwelling
purposes.
(b)(1)
Subject to paragraph (2) of this subsection, the
Secretary, under regulations which the Secretary shall
prescribe, shall assist any veteran (other than a
veteran who is eligible for assistance under subsection
(a) of this section) who is entitled to compensation
under chapter 11 of this title for a permanent and total
service-connected disability which -
(A) is due to blindness in both eyes with 5/200 visual
acuity
or less, or
(B) includes the anatomical loss or loss of use of both
hands,
in
acquiring such adaptations to such veteran's residence
as are determined by the Secretary to be reasonably
necessary because of such disability or in acquiring a
residence already adapted with special features
determined by the Secretary to be reasonably necessary
for the veteran because of such disability. (2)
Assistance under paragraph (1) of this subsection may be
provided only to a veteran who the Secretary determines
is residing in and reasonably intends to continue
residing in a residence owned by such veteran or by a
member of such veteran's family or, if the veteran's
residence is to be constructed or purchased, will be
residing in and reasonably intends to continue residing
in a residence owned by such veteran or by a member of
such veteran's family.
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