---
kind: "section"
citation: "38 C.F.R. § 51.50"
title: "38"
number: "51.50"
heading: "Eligible veterans—nursing home care."
url: "https://uscodex.org/cfr/38/51.50"
---

# §51.50. Eligible veterans—nursing home care.


A veteran is an eligible veteran for the purposes of payment of per diem for nursing home care under this part if VA determines that the veteran needs nursing home care; is not barred from receiving care based on his or her service (see 38 U.S.C. [5303](/usc/38/5303.md), [5303A](/usc/38/5303A.md)), is not barred from receiving VA pension, compensation or dependency and indemnity compensation based on the character of a discharge from military service (see [38 CFR 3.12](/cfr/38/3.12.md)) and is within one of the following categories:

- (a) Veterans with service-connected disabilities;
- (b) Veterans who are former prisoners of war, who were awarded the Purple Heart, or who were awarded the medal of honor under 10 U.S.C. [3741](/usc/10/3741.md), [6241](/usc/10/6241.md), or [8741](/usc/10/8741.md) or [14](/usc/10/14.md) U.S.C. 491;
- (c) Veterans who were discharged or released from active military service for a disability incurred or aggravated in the line of duty;
- (d) Veterans who receive disability compensation under [38 U.S.C. 1151](/usc/38/1151.md);
- (e) Veterans whose entitlement to disability compensation is suspended because of the receipt of retired pay;
- (f) Veterans whose entitlement to disability compensation is suspended pursuant to [38 U.S.C. 1151](/usc/38/1151.md), but only to the extent that such veterans' continuing eligibility for nursing home care is provided for in the judgment or settlement described in [38 U.S.C. 1151](/usc/38/1151.md);
- (g) Veterans who VA determines are unable to defray the expenses of necessary care as specified under [38 U.S.C. 1722(a)](/usc/38/1722.md?p=a);
- (h) Veterans solely seeking care for a disorder associated with exposure to a toxic substance or radiation, for a disorder associated with service in the Southwest Asia theater of operations during the Persian Gulf War, as provided in [38 U.S.C. 1710(e)](/usc/38/1710.md?p=e), or for any illness associated with service in combat in a war after the Gulf War or during a period of hostility after November 11, 1998, as provided and limited in [38 U.S.C. 1710(e)](/usc/38/1710.md?p=e);
- (i) Veterans of World War II;
- (j) Veterans who agree to pay to the United States the applicable co-payment determined under 38 U.S.C. [1710(f)](/usc/38/1710.md?p=f) and [1710(g)](/usc/38/1710.md?p=g).

## Notes

### Amendments

[83 FR 61275, Nov. 28, 2018, as amended at 89 FR 45601, May 23, 2024]

### Authority

Authority: 38 U.S.C. 101, 501, 1710, 1720, 1741-1743, 1745, and as follows. Section 51.20 and 51.30 also issued under 38 U.S.C. 511, 1742, 7104 and 7105. Section 51.42 also issued under 38 U.S.C. 510, 1744, and Pub. L. 116-315 section 3007. Section 51.43 also issued under 38 U.S.C. 1712. Section 51.51 also issued under Pub. L. 116-315 section 3007. Section 51.310 also issued under 38 U.S.C. 1720(f).

### Source

Source: 65 FR 968, Jan. 6, 2000, unless otherwise noted.

### Amendments

[83 FR 61275, Nov. 28, 2018, as amended at 89 FR 45601, May 23, 2024]