Page:United States Statutes at Large Volume 116 Part 4.djvu/393

 PUBLIC LAW 107-330—DEC. 6, 2002 116 STAT. 2821 Sec. 309. Codification of cost-of-living adjustment provided in Public Law 107-247. TITLE IV-JUDICIAL MATTERS Sec. 401. Standard for reversal by Court of Appeals for Veterans Claims of erroneous finding of fact by Board of Veterans' Appeals. Sec. 402. Review by Court of Appeals for the Federal Circuit of decisions of law of Court of Appeals for Veterans Claims. Sec. 403. Authority oi Court of Appeals for Veterans Claims to award fees under Equal Access to Justice Act for non-attorney practitioners. SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. TITLE I—COMPENSATION AND BENEFITS IMPROVEMENTS SEC. 101. RETENTION OF CHAMPVA FOR SURVIVTNG SPOUSES REMARRYING AFTER AGE 55. (a) EXCEPTION TO TERMINATION OF BENEFITS UPON REMARRIAGE. —Paragraph (2) of section 103(d) is amended— (1) by inserting "(A)" after "(2)"; and (2) by adding at the end the following: "(B) The remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits under section 1781 of this title to such person as the surviving spouse of the veteran.". (b) APPLICATION FOR BENEFITS.— In the case of an individual 38 USC 103 note. who but for having remarried would be eligible for medical care under section 1781 of title 38, United States Code, and whose remarriage was before the date of the enactment of this Act and after the individual had attained age 55, the individual shall be eligible for such medical care by reason of the amendments made by subsection (a) only if an application for such medical care is received by the Secretary of Veterans Affairs during the 1-year period ending on the effective date specified in subsection (c). (c) EFFECTIVE DATE. —The amendments made by this section 38 USC 103 note, shall take effect on the date that is 60 days after the date of the enactment of this Act. SEC. 102. CLARIFICATION OF ENTITLEMENT TO SPECIAL MONTHLY COMPENSATION FOR WOMEN VETERANS WHO HAVE SERVICE-CONNECTED LOSS OF BREAST TISSUE. Section 1114(k) is amended by striking "one or both breasts (including loss by mastectomy)" and inserting "25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue". SEC. 103. SPECIFICATION OF HEARING LOSS REQUIRED FOR COM- PENSATION FOR HEARING LOSS IN PAIRED ORGANS. Section 1160(a)(3) is amended— (1) by striking "total deafness" the first place it appears and inserting "deafness compensable to a degree of 10 percent or more"; and

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