Page:United States Statutes at Large Volume 104 Part 2.djvu/750

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104 STAT. 1388-342 PUBLIC LAW 101-508 —NOV. 5, 1990 "§ 3205. Limitation on compensation payments for certain incompetent veterans "(a) In any case in which a veteran having neither spouse, child, nor dependent parent is rated by the Secretary in accordance with regulations as being incompetent and the value of the veteran's estate (excluding the value of the veteran's home) exceeds $25,000, further payment of compensation to which the veteran would otherwise be entitled may not be made until the value of such estate is reduced to less than $10,000. "Qpil) Subject to paragraph (2) of this subsection, if a veteran denied payment of compensation pursuant to subsection (a) is subsequently rated as being competent, the Secretary shall pay to the veteran a lump sum equal to the total of the compensation which was denied the veteran pursuant to such paragraph. The Secretary shall make the lump-sum payment as soon as practicable after the end of the 90-day period beginning on the date of the competency rating. "(2) A lump-sum payment may not be made under paragraph (1) to a veteran who, within such 90-day period, dies or is again rated by the Secretary as being incompetent. "(3) The costs of administering this subsection shall be paid from amounts available to the Department of Veterans Affairs for the payment of compensation and pension. "(c) This section expires on September 30, 1992.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "3205. Limitation on compensation payments for certain incompetent veterans." 38 USC 3205 (b) EFFECTIVE DATE.— The amendment made by this section shall note. apply with respect to payment of compensation for months after October 1990. SEC. 8002. ELIMINATION OF PRESUMPTION OF TOTAL DISABILITY IN DETERMINATION OF PENSION FOR CERTAIN VETERANS. (a) ELIMINATION OF PRESUMPTION.—That portion of subsection (a) of section 502 of title 38, United States Code, preceding paragraph (1) is amended to read as follows: "(a) For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such a person is unemploy- able as a result of disability reasonably certain to continue throughout the life of the disabled person, or is suffering from—". 38 USC 502 note. (b) APPLICABILITY. —The amendment made by subsection (a) shall apply with respect to claims filed after October 31, 1990. SEC. 8003. REDUCTION IN PENSION FOR CERTAIN VETERANS RECEIVING MEDICAID-COVERED NURSING HOME CARE. (a) IN GENERAL.— Section 3203 of title 38, United States Code, is amended by adding at the end the following: "(f)(1) For the purposes of this subsection— "(A) the term 'Medicaid plan' means a State plan for medical assistance referred to in section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)); and "(B) the term 'nursing facility' means a nursing facility described in section 1919 of such Act (42 U.S.C. 1396r). "(2) If a veteran having neither spouse nor child is covered by a Medicaid plan for services furnished such veteran by a nursing facility, no pension in excess of $90 per month shall be paid to or for