110 STAT. 2926
PUBLIC LAW 104-204—SEPT. 26, 1996
Effective date.
38 USC 1801
note.
for the highest level of disability prescribed. Such amounts are
subject to adjustment under section 5312 of this title.
"(c) Notwithstanding any other provision of law, receipt by
a child of an allowance under this section shall not impair, infringe,
or otherwise affect the right of the child to receive any other
benefit to which the child may otherwise be entitled under any
law administered by the Secretary, nor shall receipt of such an
allowance impair, infringe, or otherwise affect the right of any
individual to receive any benefit to which the individual is entitled
under any law administered by the Secretary that is based on
the child's relationship to the individual.
"(d) Notwithstanding any other provision of law, the allowance
paid to a child under this section shall not be considered income
or resources in determining eligibility for or the amount of benefits
under any Federal or federally assisted program.
"§ 1806. Effective date of awards
'The effective date for an award of benefits under this chapter
shall be fixed in accordance with the facts found, but shall not
be earlier than the date of receipt of application for the benefits.".
(2) The tables of chapters before part I and at the beginning
of part II of such title are each amended by inserting after the
item referring to chapter 17 the following new item:
"18. BeneHts for Children of Vietnam Veterans Who Are Bom With
Spina BiHda
1801".
(c) Section 5312 of title 38, United States Code, is amended—
(1) in subsection (a)—
(A) by striking out "and the rate of increased pension"
and inserting in lieu thereof ", the rate of increased pension"; and
(B) by inserting after "on account of children," the
following: "and each rate of monthly allowance paid under
section 1805 of this title,"; and
(2) in subsection (c)(1), by striking out "and 1542" and
inserting in lieu thereof "1542, and 1805".
(d) This section and the amendments made by this section
shall take effect on January 1, 1997.
SEC. 422. (a) Section 1151 of title 38, United States Code,
is amended—
(1) by striking out the first sentence and inserting in lieu
thereof the following:
"(a) Compensation under this chapter and dependency and
indemnity compensation under chapter 13 of this title shall be
awarded for a qualifying additional disability or a qualifying death
of a veteran in the same manner as if such additional disability
or death were service-connected. For purposes of this section, a
disability or death is a qualifying additional disability or qualifying
death if the disability or death was not the result of the veteran's
willful misconduct and—
"(1) the disability or death was caused by hospital care,
medical or surgical treatment, or examination furnished the
veteran under any law administered by the Secretary, either
by a Department employee or in a Department facility as
defined in section 1701(3)(A) of this title, and the proximate
cause of the disability or death was—
"(A) carelessness, negligence, lack of proper skill, error
in judgment, or similar instance of fault on the part of
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