Claim Raven explanation
What this means
This section authorizes payment toward an automobile or other conveyance for an eligible person and requires necessary adaptive equipment for safe operation. It also covers repair, replacement, and reinstallation of adaptive equipment and allows another person to operate the vehicle.
For an eligible person, VA pays the lesser of the purchase price including specified taxes or the annually adjusted statutory allowance, directly to the seller under a sales agreement. Necessary adaptive equipment must support safe operation and licensing. Equipment can also be provided for a vehicle already owned, and necessary equipment can be repaired, replaced, or reinstalled. Do not read section 3902 by itself as a once-per-lifetime rule. Repeat vehicle eligibility is governed by section 3903, including its timing rules and exceptions.
How this helps your claim
Eligibility comes from section 3901. Section 3902 explains the assistance once eligibility is established, including a separate adaptive-equipment path for certain veterans with service-connected ankylosis of one or both knees or hips. Section 3903 separately controls when another automobile or conveyance may be provided.
What to check in your records
Confirm eligibility, identify whether vehicle or equipment assistance is requested, and verify current adjusted amounts and medical necessity.
- Keep the eligibility decision and medical recommendation for each adaptation.
- Obtain the purchase agreement, taxes, equipment estimate, and licensing requirements.
- Document who will operate the vehicle and any repair or replacement history.
Verify the current allowance before purchase
The dollar figure printed in the Code is adjusted each October using the Consumer Price Index. Check the current official allowance, section 3903's repeat-vehicle rules, and VA instructions before finalizing a purchase. The statute describes payment to the seller under a sales agreement, not a general reimbursement promise for any completed purchase.
For adaptive equipment, match each item to safety, licensing, entry, exit, or operation needs. Keep written medical and equipment recommendations, especially for repairs or replacements, so the record shows why the item remains necessary.
Is the vehicle allowance the same as adaptive-equipment assistance?
No. The vehicle payment and adaptive-equipment duties are distinct parts of the statute. Eligibility, payment method, medical necessity, and repair or replacement rules should be checked for the particular assistance requested.
Official statutory text
38 USC § 3902
OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 3902. Assistance for providing automobile and adaptive equipment
(a) The Secretary, under regulations which the Secretary shall prescribe, shall provide or assist in providing an automobile or other conveyance to each eligible person by paying the total purchase price of the automobile or other conveyance (including all State, local, and other taxes) or $18,900 (as adjusted from time to time under subsection (e)),11 See Special Benefit Allowance Rates note below. whichever is the lesser, to the seller from whom the eligible person is purchasing under a sales agreement between the seller and the eligible person.
(b)(1) The Secretary, under regulations which the Secretary shall prescribe, shall provide each eligible person the adaptive equipment deemed necessary to insure that the eligible person will be able to operate the automobile or other conveyance in a manner consistent with such person’s own safety and the safety of others and so as to satisfy the applicable standards of licensure established by the State of such person’s residency or other proper licensing authority.
(2) In the case of any veteran (other that a person eligible for assistance under paragraph (1) of this subsection) who is entitled to compensation for ankylosis of one or both knees, or one or both hips, the Secretary, under the terms and conditions set forth in subsections (a), (c), and (d) of section 3903 of this title and under regulations which the Secretary shall prescribe, shall provide such adaptive equipment to overcome the disability resulting from such ankylosis as (A) is necessary to meet the applicable standards of licensure established by the State of such veteran’s residency or other proper licensing authority for the operation of such veteran’s automobile or other conveyance by such veteran, and (B) is determined to be necessary by the Under Secretary for Health for the safe operation of such automobile or other conveyance by such veteran.
(c) In accordance with regulations which the Secretary shall prescribe, the Secretary shall (1) repair, replace, or reinstall adaptive equipment deemed necessary for the operation of an automobile or other conveyance acquired in accordance with the provisions of this chapter, and (2) provide, repair, replace, or reinstall such adaptive equipment for any automobile or other conveyance which an eligible person may previously or subsequently have acquired.
(d) If an eligible person cannot qualify to operate an automobile or other conveyance, the Secretary shall provide or assist in providing an automobile or other conveyance to such person, as provided in subsection (a) of this section, if the automobile or other conveyance is to be operated for the eligible person by another person.
(e) Effective on October 1 of each year (beginning in 2011), the Secretary shall increase the dollar amount in effect under subsection (a) by a percentage equal to the percentage by which the Consumer Price Index for all urban consumers (U.S. city average) increased during the 12-month period ending with the last month for which Consumer Price Index data is available. In the event that such Consumer Price Index does not increase during such period, the Secretary shall maintain the dollar amount in effect under subsection (a) during the previous fiscal year.
Related references
- 38 USC § 3901: Eligibility definitions for VA automobile assistance
- 38 CFR § 3.808: VA automobile and adaptive-equipment eligibility
- 38 USC § 2101: Who may qualify for specially adapted housing assistance
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