§ 17.84 - Medical care for survivors and dependents of certain veterans.


Latest version.
  • (a) Medical care may be provided for—

    (1) The spouse or child of a veteran who has a total disability, permanent in nature, resulting from a service-connected disability, and

    (2) The surviving spouse or child of a veteran who—

    (i) Died as a result of a service-connected disability, or

    (ii) At the time of death has a total disability, permanent in nature resulting from a service-connected disability and—

    (3) The surviving spouse or child of a person who died in the active military, naval or air service in the line of duty and not due to such person's own misconduct—

    who are not otherwise eligible for medical care as beneficiaries of the Armed Forces under the provisions of chapter 55 of title 10 U.S.C. (CHAMPUS) and—

    (4) An eligible child who is pursuing a full-time course of instruction approved under title 38, U.S.C., chapter 36, and who incurs a disabling illness or injury while pursuing such course; between terms, semesters or quarters; or during a vacation or holiday period; which is not the result of his or her own willful misconduct and which results in the inability to continue or resume the chosen program of education shall remain eligible for medical care until:

    (i) The end of the six-month period beginning on the date the disability is removed; or

    (ii) The end of the two-year period beginning on the date of the onset of the disability; or

    (iii) The twenty-third birthday of the child,

    whichever occurs first.

    (b) Medical care authorized by paragraph (a) of this section shall be provided in the same or similar manner and subject to the same or similar limitations as medical care furnished to certain dependents and survivors of active duty and retired members of the Armed Forces being furnished such care as beneficiaries of the Armed Forces. Furthermore, it shall be provided in accordance with the terms and conditions set forth in an agreement between the Secretary of Veterans Affairs and the Secretary of Defense under which the Secretary of Veterans Affairs shall include coverage for such medical care under the contract, or contracts, entered into to provide medical care to beneficiaries of the Armed Forces, and under which the Secretary of Defense shall fully reimburse the Secretary of Defense for all costs and expenditures made for the purpose of affording the medical care authorized in this section.

    (c) In limited situations, the Under Secretary for Health or designee may authorize care and treatment to the class of beneficiaries covered by this section in Department of Veterans Affairs medical facilities which are equipped to provide the care and treatment, and which are not otherwise being utilized for the care of veterans. Such medical care may be furnished on either an inpatient or outpatient basis and may be furnished in either Department of Veterans Affairs medical centers or Department of Veterans Affairs outpatient clinics.