Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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description: "Dependent parents"
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title_number: 38
title_name: "VETERANS BENEFITS"
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chapter_name: "GENERAL"
section: "102"
citation: "38 U.S.C. § 102"
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---
# 38 U.S.C. § 102 - Dependent parents
## Text
(a) Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Secretary.
(b) Dependency of a parent shall not be denied (1) solely because of remarriage, or (2) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Secretary shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.
(c) For the purposes of this section, in determining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89358, § 4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92540, title IV, § 408, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94432, title IV, § 402, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 99576, title VII, § 701(1), Oct. 28, 1986, 100 Stat. 3289; Pub. L. 10254, § 14(a)(2), June 13, 1991, 105 Stat. 282; Pub. L. 10283, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405.)
## Notes
Editorial Notes
Amendments1991—Subsecs. (a), (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (c). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary shall” for “Administrator shall”. Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Pub. L. 10254 substituted “(c)” for “(C)” as subsec. designation. 1986—Pub. L. 99576, § 701(1)(B), substituted “Dependent parents” for “Dependent parents; husbands” in section catchline. Subsec. (a). Pub. L. 99576, § 701(1)(A)(ii), (iii), (v), struck out par. (1) designation and redesignated par. (2) of subsec. (a) as subsec. (b) and par. (3) of subsec. (a) as subsec. (C). Subsec. (b). Pub. L. 99576, § 701(1)(A)(i), (iii), (iv), redesignated former subsec. (a)(2) as subsec. (b) and substituted “(1)” and “(2)” for “(A)” and “(B)”, respectively. Former subsec. (b), which read “For the purposes of this title, (1) the term wife includes the husband of any female veteran; and (2) the term widow includes the widower of any female veteran”, was struck out. Subsec. (c). Pub. L. 99576, § 701(1)(A)(v), redesignated former subsec. (a)(3) as subsec. (C) and substituted “For the purposes of this section,” for “For the purposes of this subsection”. 1976—Subsec. (a)(2). Pub. L. 94432 substituted prohibition against denial of dependency of a parent “(B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support” for such prohibition “(B) in any case in any State where the monthly income for a mother or father, not living together, is not more than $105, or where the monthly income for a mother and father living together, is not more than $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under a moral or legal obligation to support, as determined by the Administrator”. 1972—Pub. L. 92540, § 408(2), substituted “Dependent parents; husbands” for “Dependent parents and dependent husbands” in section catchline. Subsec. (b). Pub. L. 92540, § 408(1), struck out exception which made definition of terms inapplicable to chapter 19 of this title and struck out from definitions of “wife” and “widow” provisions relating to the ability of such persons to maintain and support themselves. 1966—Subsec. (a)(2). Pub. L. 89358, § 4(e), substituted “Dependency” for “Except for the purposes of chapter 33 of this title, dependency”. Subsec. (b). Pub. L. 89358, § 4(f), struck out from introductory parenthetical phrase reference to chapter 33 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94432 effective Sept. 30, 1976, see section 405(a) of Pub. L. 94432, set out as a note under section 1521 of this title.
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# 38 U.S.C. § 103 - Special provisions relating to marriages
## Text
(a) Whenever, in the consideration of any claim filed by a person as the widow or widower of a veteran for gratuitous death benefits under laws administered by the Secretary, it is established by evidence satisfactory to the Secretary that such person, without knowledge of any legal impediment, entered into a marriage with such veteran which, but for a legal impediment, would have been valid, and thereafter cohabited with the veteran for one year or more immediately before the veterans death, or for any period of time if a child was born of the purported marriage or was born to them before such marriage, the purported marriage shall be deemed to be a valid marriage, but only if no claim has been filed by a legal widow or widower of such veteran who is found to be entitled to such benefits. No duplicate payments shall be made by virtue of this subsection.
(b) Where a surviving spouse has been legally married to a veteran more than once, the date of original marriage will be used in determining whether the statutory requirement as to date of marriage has been met.
(c) In determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to benefits accrued.
(d) (1) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse of the veteran if the remarriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Secretary determines that the annulment was secured through fraud by either party or collusion.
(2) (A) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran if the remarriage has been terminated by death or divorce unless the Secretary determines that the divorce was secured through fraud or collusion.
(B) The remarriage after age 57 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. Notwithstanding the previous sentence, the remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits under chapter 13 or section 1781 of this title to such person as the surviving spouse of the veteran.
(3) If the surviving spouse of a veteran ceases living with another person and holding himself or herself out openly to the public as that persons spouse, the bar to granting that person benefits as the surviving spouse of the veteran shall not apply in the case of the benefits specified in paragraph (5).
(4) The first month of eligibility for benefits for a surviving spouse by reason of paragraph (2)(A) or (3) shall be the month after—
(A) the month of the termination of such remarriage, in the case of a surviving spouse described in paragraph (2)(A); or
(B) the month of the cessation described in paragraph (3), in the case of a surviving spouse described in that paragraph.
(5) Paragraphs (2)(A) and (3) apply with respect to benefits under the following provisions of this title:
(A) Section 1311, relating to dependency and indemnity compensation.
(B) Section 1781, relating to medical care for survivors and dependents of certain veterans.
(C) Chapter 35, relating to educational assistance.
(D) Chapter 37, relating to housing loans.
(E) Section 1562(a)(2), relating to Medal of Honor special pension.
(e) The marriage of a child of a veteran shall not bar recognition of such child as the child of the veteran for benefit purposes if the marriage is void, or has been annulled by a court with basic authority to render annulment decrees unless the Secretary determines that the annulment was secured through fraud by either party or collusion.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 87674, § 2, Sept. 19, 1962, 76 Stat. 558; Pub. L. 9077, title I, § 101(b), Aug. 31, 1967, 81 Stat. 178; Pub. L. 91376, § 4, Aug. 12, 1970, 84 Stat. 789; Pub. L. 93527, § 9(a), Dec. 21, 1974, 88 Stat. 1705; Pub. L. 99576, title VII, § 701(2), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 101508, title VIII, § 8004(a), Nov. 5, 1990, 104 Stat. 1388343; Pub. L. 10283, § 4(a)(1), (2)(A)(i), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 106117, title V, § 502(a), Nov. 30, 1999, 113 Stat. 1574; Pub. L. 107135, title II, § 208(e)(1), Jan. 23, 2002, 115 Stat. 2463; Pub. L. 107330, title I, § 101(a), Dec. 6, 2002, 116 Stat. 2821; Pub. L. 108183, title I, § 101(a), title VII, § 708(a)(1), Dec. 16, 2003, 117 Stat. 2652, 2673; Pub. L. 116315, title II, §§ 2003(b)(2)(B), 2009, Jan. 5, 2021, 134 Stat. 4970, 4978.)
## Notes
Editorial Notes
Amendments2021—Subsec. (d)(2)(B). Pub. L. 116315, § 2009, inserted “chapter 13 or” after “benefits under”. Subsec. (d)(5)(E). Pub. L. 116315, § 2003(b)(2)(B), added subpar. (E). 2003—Subsec. (d)(2)(B). Pub. L. 108183, § 101(a), substituted “The remarriage after age 57 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. Notwithstanding the previous sentence, the remarriage after age 55” for “The remarriage after age 55”. Subsec. (d)(4). Pub. L. 108183, § 708(a)(1)(A)(i), substituted “paragraph (2)(A) or (3)” for “this subsection” in introductory provisions. Subsec. (d)(4)(A). Pub. L. 108183, § 708(a)(1)(A)(ii), substituted “paragraph (2)(A)” for “paragraph (2)”. Subsec. (d)(5). Pub. L. 108183, § 708(a)(1)(B), substituted “Paragraphs (2)(A)” for “Paragraphs (2)” in introductory provisions. 2002—Subsec. (d)(2). Pub. L. 107330 designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (d)(5)(B). Pub. L. 107135 substituted “1781” for “1713”. 1999—Subsec. (d). Pub. L. 106117 designated existing provisions as par. (1) and added pars. (2) to (5). 1991—Subsec. (a). Pub. L. 10283, § 4(a)(1), (b)(1), (2)(E), substituted “administered by the Secretary” for “administered by the Veterans Administration” and “Secretary” for “Administrator”. Subsec. (c). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Subsecs. (d), (e). Pub. L. 10283, § 4(a)(2)(A)(i), substituted “Secretary” for “Veterans Administration”. 1990—Subsec. (d). Pub. L. 101508, § 8004(a)(1), designated par. (1) as entire subsec. (d) and struck out pars. (2) and (3) which read as follows: “(2) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse of the veteran if the remarriage has been terminated by death or has been dissolved by a court with basic authority to render divorce decrees unless the Veterans Administration determines that the divorce was secured through fraud by the surviving spouse or collusion. “(3) If a surviving spouse ceases living with another person and holding himself or herself out openly to the public as that persons spouse, the bar to granting that person benefits as the surviving spouse of the veteran shall not apply.” Subsec. (e). Pub. L. 101508, § 8004(a)(2), designated par. (1) as entire subsec. (e) and struck out par. (2) which read as follows: “The marriage of a child of a veteran shall not bar the recognition of such child as the child of the veteran for benefit purposes if the marriage has been terminated by death or has been dissolved by a court, with basic authority to render divorce decrees unless the Veterans Administration determines that the divorce was secured through fraud by either party or collusion.” 1986—Subsec. (a). Pub. L. 99576, § 701(2)(A), substituted “person as the widow or widower” for “woman as the widow”, “such person” for “she”, “the veteran” for “him”, “the veterans” for “his”, and “legal widow or widower” for “legal widow”. Subsec. (b). Pub. L. 99576, § 701(2)(B), substituted “surviving spouse” for “widow”. Subsec. (c). Pub. L. 99576, § 701(2)(C), substituted “person is or was the spouse” for “woman is or was the wife”. Subsec. (d)(1). Pub. L. 99576, § 701(2)(D), substituted “surviving spouse of a veteran shall not bar the furnishing of benefits to such person as the surviving spouse” for “widow of a veteran shall not bar the furnishing of benefits to her as the widow”. Subsec. (d)(2). Pub. L. 99576, § 701(2)(E), substituted “surviving spouse” for “widow” wherever appearing, and “such person” for “her”. Subsec. (d)(3). Pub. L. 99576, § 701(2)(F), substituted “surviving spouse” for “widow” wherever appearing, “person” for “man”, “himself or herself” for “herself”, “that persons spouse” for “his wife”, and “that person” for “her”. 1974—Subsec. (e). Pub. L. 93527 designated existing provisions as par. (1) and added par. (2). 1970—Subsec. (d). Pub. L. 91376 designated existing provisions as par. (1) and added pars. (2) and (3). 1967—Subsec. (a). Pub. L. 9077 reduced cohabitation period from five years to one year for purposes of deeming a purported marriage valid and provided for cohabitation for any period of time if a child was born of the purported marriage or was born before the marriage. 1962—Subsecs. (d), (e). Pub. L. 87674 added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 116315, title II, § 2003(b)(3), Jan. 5, 2021, 134 Stat. 4970, provided that: “The amendments made by this subsection [amending this section and section 1562 of this title] shall apply with respect to payment of pension under section 1562 of title 38, United States Code, for months beginning after the date of the enactment of this Act [Jan. 5, 2021].”
Effective Date of 2003 AmendmentPub. L. 108183, title I, § 101(c), Dec. 16, 2003, 117 Stat. 2653, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 1311 of this title] shall take effect on January 1, 2004.”
Effective Date of 2002 AmendmentPub. L. 107330, title I, § 101(c), Dec. 6, 2002, 116 Stat. 2821, provided that: “The amendments made by this section [amending this section] shall take effect on the date that is 60 days after the date of the enactment of this Act [Dec. 6, 2002].”
Effective Date of 1999 AmendmentPub. L. 106117, title V, § 502(c), Nov. 30, 1999, 113 Stat. 1574, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 1311 of this title] shall take effect on the first day of the first month beginning after the month in which this Act is enacted [November 1999].”
Effective Date of 1990 AmendmentPub. L. 101508, title VIII, § 8004(b), Nov. 5, 1990, 104 Stat. 1388343, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to claims filed after October 31, 1990, and shall not operate to reduce or terminate benefits to any individual whose benefits were predicated on section 103(d)(2), 103(d)(3), or 103(e)(2) before the effective date of those amendments.”
Effective Date of 1974 AmendmentAmendment by Pub. L. 93527 effective Jan. 1, 1975, see section 10 of Pub. L. 93527, set out as a note under section 1521 of this title.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91376 effective Jan. 1, 1971, see section 9 of Pub. L. 91376, set out as a note under section 1114 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 9077 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 9077, set out as a note under section 101 of this title.
Retroactive Benefits ProhibitedPub. L. 108183, title I, § 101(d), Dec. 16, 2003, 117 Stat. 2653, provided that: “No benefit may be paid to any person by reason of the amendments made by subsections (a) and (b) [amending this section and section 1311 of this title] for any period before the effective date specified in subsection (c) [set out as an Effective Date of 2003 Amendment note above].”
Application for BenefitsPub. L. 108183, title I, § 101(e), Dec. 16, 2003, 117 Stat. 2653, provided that: “In the case of an individual who but for having remarried would be eligible for benefits under title 38, United States Code, by reason of the amendment made by subsection (a) [amending this section] and whose remarriage was before the date of the enactment of this Act [Dec. 16, 2003] and after the individual had attained age 57, the individual shall be eligible for such benefits by reason of such amendment only if the individual submits an application for such benefits to the Secretary of Veterans Affairs not later than the end of the one-year period beginning on the date of the enactment of this Act.” Pub. L. 107330, title I, § 101(b), Dec. 6, 2002, 116 Stat. 2821, as amended by Pub. L. 108183, title I, § 101(f), Dec. 16, 2003, 117 Stat. 2653, provided that: “In the case of an individual 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 [Dec. 6, 2002] 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) [amending this section] only if an application for such medical care is received by the Secretary of Veterans Affairs before the end of the one-year period beginning on the date of the enactment of the Veterans Benefits Act of 2003 [Dec. 16, 2003].”
Limitation on PaymentsPub. L. 106117, title V, § 502(d), Nov. 30, 1999, 113 Stat. 1574, provided that: “No payment may be made to a person by reason of paragraphs (2) and (3) of section 103(d) of title 38, United States Code, as added by subsection (a), for any period before the effective date specified in subsection (c) [set out as an Effective Date of 1999 Amendment note above].”
Applicability of AmendmentsPub. L. 102568, title I, § 103, Oct. 29, 1992, 106 Stat. 4322, provided that: “(a) Exception.—The amendments made by section 8004 of the Omnibus Budget Reconciliation Act of 1990 (105 Stat. 424) [Pub. L. 101508, 104 Stat. 1388343, amending this section] shall not apply to any case in which a legal proceeding to terminate an existing marital relationship was commenced before November 1, 1990, by an individual described in subsection (b) if that proceeding directly resulted in the termination of such marriage. “(b) Covered Individuals.—An individual referred to in subsection (a) is an individual who, but for the marital relationship referred to in subsection (a), would be considered to be the surviving spouse of a veteran.” Pub. L. 10286, title V, § 502, Aug. 14, 1991, 105 Stat. 424, provided that: “The amendments made by section 8004 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101508) [amending this section] shall not apply with respect to any individual who on October 31, 1990, was a surviving spouse or child within the meaning of title 38, United States Code, unless after that date that individual (1) marries, or (2) in the case of a surviving spouse, begins to live with another person while holding himself or herself out openly to the public as that persons spouse.”
Reinstatement of Benefits Subsequent to Termination of Relationship or Conduct Restricting Payment of Benefits; Effective Date of AwardPub. L. 91376, § 5, Aug. 12, 1970, 84 Stat. 789, effective January 1, 1971, provided that: “(a) If a widow terminates a relationship or conduct which resulted in imposition of a prior restriction on payment of benefits, in the nature of inference or presumption of remarriage, or relating to open and notorious adulterous cohabitation or similar conduct, she shall not be denied any benefits by the Veterans Administration, other than insurance, solely because of such prior relationship or conduct. “(b) The effective date of an award of benefits resulting from enactment of subsection (a) of this section shall not be earlier than the date of receipt of application therefor, filed after termination of the particular relationship or conduct and after December 31, 1970.”
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# 38 U.S.C. § 104 - Approval of educational institutions
## Text
(a) For the purpose of determining whether or not benefits are payable under this title (except chapter 35 of this title) for a child over the age of eighteen years and under the age of twenty-three years who is attending a school, college, academy, seminary, technical institute, university, or other educational institution, the Secretary may approve or disapprove such educational institutions.
(b) The Secretary may not approve an educational institution under this section unless such institution has agreed to report to the Secretary the termination of attendance of any child. If any educational institution fails to report any such termination promptly, the approval of the Secretary shall be withdrawn.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 9124, § 1(c), June 11, 1969, 83 Stat. 33; Pub. L. 99576, title VII, § 701(3), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 substituted “Secretary” for “Administrator” wherever appearing. 1986—Subsec. (b). Pub. L. 99576 substituted “report to the Administrator” for “report to him”. 1969—Subsec. (a). Pub. L. 9124 substituted “the age of twenty-three years” for “the age of twenty-one years”.
@@ -0,0 +1,49 @@
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# 38 U.S.C. § 105 - Line of duty and misconduct
## Text
(a) An injury or disease incurred during active military, naval, air, or space service will be deemed to have been incurred in line of duty and not the result of the veterans own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active military, naval, air, or space service, whether on active duty or on authorized leave, unless such injury or disease was a result of the persons own willful misconduct or abuse of alcohol or drugs. Venereal disease shall not be presumed to be due to willful misconduct if the person in service complies with the regulations of the appropriate service department requiring the person to report and receive treatment for such disease.
(b) The requirement for line of duty will not be met if it appears that at the time the injury was suffered or disease contracted the person on whose account benefits are claimed (1) was avoiding duty by deserting the service or by absenting himself or herself without leave materially interfering with the performance of military duties; (2) was confined under sentence of court-martial involving an unremitted dishonorable discharge; or (3) was confined under sentence of a civil court for a felony (as determined under the laws of the jurisdiction where the person was convicted by such court).
(c) For the purposes of any provision relating to the extension of a delimiting period under any education-benefit or rehabilitation program administered by the Secretary, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 99576, title VII, § 701(4), Oct. 28, 1986, 100 Stat. 3290; Pub. L. 100689, title I, § 109, Nov. 18, 1988, 102 Stat. 4170; Pub. L. 101508, title VIII, § 8052(a)(1), Nov. 5, 1990, 104 Stat. 1388351; Pub. L. 10283, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 116283, div. A, title IX, § 926(a)(2), Jan. 1, 2021, 134 Stat. 3829.)
## Notes
Editorial Notes
Amendments2021—Subsec. (a). Pub. L. 116283 substituted “air, or space service” for “or air service” in two places. 1991—Subsec. (c). Pub. L. 10283 substituted “administered by the Secretary” for “administered by the Veterans Administration”. 1990—Subsec. (a). Pub. L. 101508 substituted “a result of the persons own willful misconduct or abuse of alcohol or drugs” for “the result of the persons own willful misconduct”. 1988—Subsec. (c). Pub. L. 100689 added subsec. (c). 1986—Subsec. (a). Pub. L. 99576, § 701(4)(A), substituted “result of the persons” for “result of his” and “requiring the person” for “requiring him”. Subsec. (b)(1). Pub. L. 99576, § 701(4)(B), substituted “service or by absenting himself or herself” for “service, or by absenting himself”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentPub. L. 101508, title VIII, § 8052(b), Nov. 5, 1990, 104 Stat. 1388351, provided that: “The amendments made by subsection (a) [amending this section and sections 310 and 331 [now 1110 and 1131] of this title] shall take effect with respect to claims filed after October 31, 1990.”
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# 38 U.S.C. § 106 - Certain service deemed to be active service
## Text
(a) (1) Service as a member of the Womens Army Auxiliary Corps for ninety days or more by any woman who before October 1, 1943, was honorably discharged for disability incurred or aggravated in line of duty which rendered her physically unfit to perform further service in the Womens Army Auxiliary Corps or the Womens Army Corps shall be considered active duty for the purposes of all laws administered by the Secretary.
(2) Any person entitled to compensation or pension by reason of this subsection and to employees compensation based upon the same service under subchapter I of chapter 81 of title 5 must elect which benefit she will receive.
(b) Any person—
(1) who has applied for enlistment or enrollment in the active military, naval, air, or space service and has been provisionally accepted and directed or ordered to report to a place for final acceptance into such service; or
(2) who has been selected or drafted for service in the Armed Forces and has reported pursuant to the call of the persons local draft board and before rejection; or
(3) who has been called into the Federal service as a member of the National Guard, but has not been enrolled for the Federal service; and
who has suffered an injury or contracted a disease in line of duty while en route to or from, or at, a place for final acceptance or entry upon active duty, will, for the purposes of chapters 11, 13, 19, 21, 31, and 39 of this title, and for purposes of determining service-connection of a disability under chapter 17 of this title, be considered to have been on active duty and to have incurred such disability in the active military, naval, air, or space service.
(c) For the purposes of this title, an individual discharged or released from a period of active duty shall be deemed to have continued on active duty during the period of time immediately following the date of such discharge or release from such duty determined by the Secretary concerned to have been required for that individual to proceed to that individuals home by the most direct route, and in any event that individual shall be deemed to have continued on active duty until midnight of the date of such discharge or release.
(d) (1) For the purposes of this title, any individual—
(A) who, when authorized or required by competent authority, assumes an obligation to perform active duty for training or inactive duty training; and
(B) who is disabled or dies from an injury or covered disease incurred while proceeding directly to or returning directly from such active duty for training or inactive duty training, as the case may be;
shall be deemed to have been on active duty for training or inactive duty training, as the case may be, at the time such injury or covered disease was incurred.
(2) In determining whether or not such individual was so authorized or required to perform such duty, and whether or not such individual was disabled or died from injury or covered disease so incurred, the Secretary shall take into account the hour on which such individual began so to proceed or to return; the hour on which such individual was scheduled to arrive for, or on which such individual ceased to perform, such duty; the method of travel employed; the itinerary; the manner in which the travel was performed; and the immediate cause of disability or death.
(3) Whenever any claim is filed alleging that the claimant is entitled to benefits by reason of this subsection, the burden of proof shall be on the claimant.
(4) For purposes of this subsection, the term “covered disease” means any of the following:
(A) Acute myocardial infarction.
(B) A cardiac arrest.
(C) A cerebrovascular accident.
(e) Each person who has incurred a disability as a result of an injury or disease described in subsection (b) shall be entitled to the same rights, privileges, and benefits under title 5 as a preference eligible described in section 2108(3)(C) of title 5.
(f) Service as a member of the Alaska Territorial Guard during World War II of any individual who was honorably discharged therefrom under section 8147 of the Department of Defense Appropriations Act, 2001, shall be considered active duty for purposes of all laws administered by the Secretary.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1110; Pub. L. 87102, § 1, July 21, 1961, 75 Stat. 219; Pub. L. 88616, Oct. 2, 1964, 78 Stat. 994; Pub. L. 89311, § 5, Oct. 31, 1965, 79 Stat. 1156; Pub. L. 97295, § 4(3), Oct. 12, 1982, 96 Stat. 1305; Pub. L. 99576, title VII, § 701(5), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 10283, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405; Pub. L. 106259, title VIII, § 8147(a), Aug. 9, 2000, 114 Stat. 705; Pub. L. 106419, title III, § 301(b), Nov. 1, 2000, 114 Stat. 1852; Pub. L. 116283, div. A, title IX, § 926(a)(3), Jan. 1, 2021, 134 Stat. 3829.)
## Notes
Editorial Notes
References in TextSection 8147 of the Department of Defense Appropriations Act, 2001, referred to in subsec. (f), is section 8147 of Pub. L. 106259, which amended this section and enacted provisions set out as a note below.
Amendments2021—Subsec. (b). Pub. L. 116283 substituted “air, or space service” for “or air service” in par. (1) and concluding provisions. 2000—Subsec. (d). Pub. L. 106419 designated first sentence as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and inserted “or covered disease” after “injury” in subpar. (B) and in concluding provisions, designated second sentence as par. (2) and inserted “or covered disease” after “injury”, designated third sentence as par. (3), and added par. (4). Subsec. (f). Pub. L. 106259 added subsec. (f). 1991—Subsec. (a)(1). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Subsec. (d). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in concluding provisions. 1986—Subsec. (b)(2). Pub. L. 99576, § 701(5)(A), substituted “the persons” for “his”. Subsec. (c). Pub. L. 99576, § 701(5)(B), substituted “required for that individual” for “required for him”, “proceed to that individuals home” for “proceed to his home”, and “in any event that individual” for “in any event he”. Subsec. (d). Pub. L. 99576, § 701(5)(C), struck out “by him” after “injury incurred” in cl. (2), and in closing provisions, substituted “such individual was disabled” for “he was disabled”, “on which such individual began” for “on which he began”, “such individual was scheduled” for “he was scheduled”, “such individual ceased” for “he ceased”, and “the itinerary” for “his itinerary”. 1982—Subsec. (a)(2). Pub. L. 97295, § 4(3)(A), substituted “subchapter I of chapter 81 of title 5” for “the Federal Employees Compensation Act”. Subsec. (e). Pub. L. 97295, § 4(3)(B), substituted “title 5 as a preference eligible described in section 2108(3)(C) of title 5” for “the Act of June 27, 1944, (58 Stat. 387391), as a person described in section 2(1) of such Act”. 1965—Subsec. (e). Pub. L. 89311 added subsec. (e). 1964—Subsec. (d)(2). Pub. L. 88616 struck out “after December 31, 1956,” after “injury incurred”. 1961—Subsec. (c). Pub. L. 87102 extended provisions for benefits based on limited periods immediately following discharge from active duty after December 31, 1956 to veterans discharged before such date.
Statutory Notes and Related Subsidiaries
Effective Date of 1961 AmendmentPub. L. 87102, § 2, July 21, 1961, 75 Stat. 219, provided that: “No monetary benefits shall accrue by reason of the amendments made by this Act [amending this section] for any period prior to the date of enactment [July 21, 1961].”
Service in Alaska Territorial GuardPub. L. 106259, title VIII, § 8147(b), (c), Aug. 9, 2000, 114 Stat. 705, provided that: “(b) Discharge.—(1) The Secretary of Defense shall issue to each individual who served as a member of the Alaska Territorial Guard during World War II a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. “(2) A discharge under paragraph (1) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that paragraph. “(c) Prohibition on Retroactive Benefits.—No benefits shall be paid to any individual for any period before the date of the enactment of this Act [Aug. 9, 2000] by reason of the enactment of this section [amending this section and enacting this note].”
Womens Air Forces Service PilotsPub. L. 95202, title IV, § 401, Nov. 23, 1977, 91 Stat. 1449, as amended by Pub. L. 96466, title VIII, § 801(m)(3), Oct. 17, 1980, 94 Stat. 2217; Pub. L. 9894, title XII, § 1263(a), Sept. 24, 1983, 97 Stat. 703; Pub. L. 10283, § 6(b), Aug. 6, 1991, 105 Stat. 407, provided that: “(a)(1) Notwithstanding any other provision of law, the service of any person as a member of the Womens Air Forces Service Pilots (a group of Federal civilian employees attached to the United States Army Air Force during World War II), or the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered, shall be considered active duty for the purposes of all laws administered by the Secretary of Veterans Affairs if the Secretary of Defense, pursuant to regulations which the Secretary shall prescribe—“(A) after a full review of the historical records and all other available evidence pertaining to the service of any such group, determines, on the basis of judicial and other appropriate precedent, that the service of such group constituted active military service, and “(B) in the case of any such group with respect to which such Secretary has made an affirmative determination that the service of such group constituted active military service, issues to each member of such group a discharge from such service under honorable conditions where the nature and duration of the service of such member so warrants. Discharges issued pursuant to the provisions of the first sentence of this paragraph shall designate as the date of discharge that date, as determined by the Secretary of Defense, on which such service by the person concerned was terminated. “(2) In making a determination under clause (A) of paragraph (1) of this subsection with respect to any group described in such paragraph, the Secretary of Defense may take into consideration the extent to which—“(A) such group received military training and acquired a military capability or the service performed by such group was critical to the success of a military mission, “(B) the members of such group were subject to military justice, discipline, and control, “(C) the members of such group were permitted to resign, “(D) the members of such group were susceptible to assignment for duty in a combat zone, and “(E) the members of such group had reasonable expectations that their service would be considered to be active military service. “(b)(1) No benefits shall be paid to any person for any period prior to the date of enactment of this title [Nov. 23, 1977] as a result of the enactment of subsection (a) of this section. “(2) The provisions of section 106(a)(2) of title 38, United States Code, relating to election of benefits, shall be applicable to persons made eligible for benefits, under laws administered by the Secretary of Veterans Affairs, as a result of implementation of the provisions of subsection (a) of this section. “(c) Under regulations prescribed by the Secretary of Defense, any person who is issued a discharge under honorable conditions pursuant to the implementation of subsection (a) of this section may be awarded any campaign or service medal warranted by such persons service.” [Section 1263(b) of Pub. L. 9894 provided that: “The amendment made by subsection (a) [enacting subsec. (c) set out above] shall apply to all persons issued discharges under honorable conditions pursuant to section 401 of the GI Bill Improvements Act of 1977 [Pub. L. 95202, set out above] whether such discharges are awarded before, on, or after the date of the enactment of this Act [Sept. 24, 1983].” ] [Amendment of subsec. (a)(1)(B), set out above, by Pub. L. 96466, effective Oct. 1, 1980, see section 802(h) of Pub. L. 96466, set out as an Effective Date of 1980 Amendment note under section 3452 of this title.]
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# 38 U.S.C. § 108 - Seven-year absence presumption of death
## Text
(a) No State law providing for presumption of death shall be applicable to claims for benefits under laws administered by the Secretary.
(b) If evidence satisfactory to the Secretary is submitted establishing the continued and unexplained absence of any individual from that individuals home and family for seven or more years, and establishing that after diligent search no evidence of that individuals existence after the date of disappearance has been found or received, the death of such individual as of the date of the expiration of such period shall be considered as sufficiently proved.
(c) Except in a suit brought pursuant to section 1984 of this title, the finding of death made by the Secretary shall be final and conclusive.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 99576, title VII, § 701(7), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 10283, §§ 4(a)(1), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403406.)
## Notes
Editorial Notes
Amendments1991—Subsec. (a). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Subsec. (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “1984” for “784”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1986—Subsec. (b). Pub. L. 99576 substituted “that individuals” for “his” in two places.
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# 38 U.S.C. § 109 - Benefits for discharged members of allied forces
## Text
(a) (1) In consideration of reciprocal services extended to the United States, the Secretary, upon request of the proper officials of the government of any nation allied or associated with the United States in World War I (except any nation which was an enemy of the United States during World War II), or in World War II, may furnish to discharged members of the armed forces of such government, under agreements requiring reimbursement in cash of expenses so incurred, at such rates and under such regulations as the Secretary may prescribe, medical, surgical, and dental treatment, hospital care, transportation and traveling expenses, prosthetic appliances, education, training, or similar benefits authorized by the laws of such nation for its veterans, and services required in extending such benefits. Hospitalization in a Department facility shall not be afforded under this section, except in emergencies, unless there are available beds surplus to the needs of veterans of this country. The Secretary may also pay the court costs and other expenses incident to the proceedings taken for the commitment of such discharged members who are mentally incompetent to institutions for the care or treatment of the insane.
(2) The Secretary, in carrying out the provisions of this subsection, may contract for necessary services in private, State, and other Government hospitals.
(3) All amounts received by the Department as reimbursement for such services shall be credited to the current appropriation of the Department from which expenditures were made under this subsection.
(b) Persons who served in the active service in the armed forces of any government allied with the United States in World War II and who at time of entrance into such active service were citizens of the United States shall, by virtue of such service, and if otherwise qualified, be entitled to the benefits of chapters 31 and 37 of this title in the same manner and to the same extent as veterans of World War II are entitled. No such benefit shall be extended to any person who is not a resident of the United States at the time of filing claim, or to any person who has applied for and received the same or any similar benefit from the government in whose armed forces such person served.
(c) (1) Any person who served during World War I or World War II as a member of any armed force of the Government of Czechoslovakia or Poland and participated while so serving in armed conflict with an enemy of the United States and has been a citizen of the United States for at least ten years shall, by virtue of such service, and upon satisfactory evidence thereof, be entitled to hospital and domiciliary care and medical services within the United States under chapter 17 of this title to the same extent as if such service had been performed in the Armed Forces of the United States unless such person is entitled to, or would, upon application thereof, be entitled to, payment for equivalent care and services under a program established by the foreign government concerned for persons who served in its armed forces in World War I or World War II.
(2) In order to assist the Secretary in making a determination of proper service eligibility under this subsection, each applicant for the benefits thereof shall furnish an authenticated certification from the French Ministry of Defense or the British War Office as to records in either such Office which clearly indicate military service of the applicant in the Czechoslovakian or Polish armed forces and subsequent service in or with the armed forces of France or Great Britain during the period of World War I or World War II.
(d) (1) Any person described in paragraph (2) is eligible for the benefits specified in subsection (a) to the same extent and under the same conditions (including with respect to applicable reciprocity requirements) as a discharged member of the armed forces of a government specified in such subsection who is eligible for such benefits under such subsection.
(2) A person described in this paragraph is a person whom the Secretary determines served in Vietnam as a member of the armed forces of the Republic of Korea at any time during the period beginning on January 9, 1962, and ending on May 7, 1975, or such other period as determined appropriate by the Secretary for purposes of this subsection.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1112; Pub. L. 94491, Oct. 14, 1976, 90 Stat. 2363; Pub. L. 99576, title VII, § 701(8), Oct. 28, 1986, 100 Stat. 3291; Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 11820, § 2, Nov. 13, 2023, 137 Stat. 108.)
## Notes
Editorial Notes
Amendments2023—Subsec. (d). Pub. L. 11820 added subsec. (d). 1991—Subsec. (a)(1). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Subsec. (a)(2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (a)(3). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” in two places. Subsec. (c)(2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1986—Subsec. (b). Pub. L. 99576 substituted “such person” for “he”. 1976—Subsec. (c). Pub. L. 94491 added subsec. (c).
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# 38 U.S.C. § 110 - Preservation of disability ratings
## Text
A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 87825, § 6, Oct. 15, 1962, 76 Stat. 950; Pub. L. 88445, § 1(a), (b), Aug. 19, 1964, 78 Stat. 464; Pub. L. 9132, June 23, 1969, 83 Stat. 38; Pub. L. 10283, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403405.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 substituted “Secretary” for “Administrator” and substituted “administered by the Secretary” for “administered by the Veterans Administration” in two places. 1969—Pub. L. 9132 substituted “evaluation” for “percentage” wherever appearing. 1964—Pub. L. 88445 substituted “Preservation of disability ratings” for “Preservation of total disability ratings” in section catchline, and inserted sentence directing that a disability which has been continuously rated at or above any percentage for twenty or more years for compensation purposes shall not thereafter be rated at less than such percentage, except upon a showing that such rating was based on fraud. 1962—Pub. L. 87825 provided for computation of the period from the date the Administrator determines as the date the status commenced for rating purposes.
Statutory Notes and Related Subsidiaries
Effective Date of 1969 AmendmentPub. L. 9132, June 23, 1969, 83 Stat. 38, provided in part that the amendment made by that section is effective Aug. 19, 1964.
Effective Date of 1962 AmendmentPub. L. 87825, § 7, Oct. 15, 1962, 76 Stat. 950, provided that: “This Act [see Tables for classification] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [Oct. 15, 1962], but no payments shall be made by reason of this Act for any period before such effective date. Payments for any period before such effective date shall be made under prior laws and regulations. The provisions of this Act with respect to reductions and discontinuances shall be applicable only where the event requiring such reduction or discontinuance occurs on or after such effective date. If such event occurred before such effective date, action shall be taken pursuant to the prior laws and regulations.”
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# 38 U.S.C. § 111A - Transportation of individuals to and from Department facilities
## Text
(a) Transportation by Secretary.— (1) The Secretary may transport any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care.
(2) The authority granted by paragraph (1) shall expire on September 30, 2026.
(b) Transportation by Third-parties.— (1) The Secretary, in consultation and coordination with the Secretary of Transportation and appropriate representatives of veterans service organizations, shall take all appropriate steps to facilitate the establishment and maintenance of a program under which such organizations, or individuals who are volunteering their services to the Department, would take responsibility for the transportation, without reimbursement from the Department, to Department facilities of veterans (primarily those residing in areas which are geographically accessible to such facilities) who seek services or benefits from the Department under chapter 17 or other provisions of this title.
(2) (A) Not later than 90 days after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, the Secretary shall develop and establish a national protocol for the administration of medical examinations for volunteer drivers to participate in the program described in paragraph (1).
(B) In developing the protocol required by subparagraph (A), the Secretary shall consult with such persons as the Secretary determines have an interest in the program described in paragraph (1).
(C) (i) The Secretary shall implement the protocol by first conducting a one-year pilot program using the protocol.
(ii) After conducting the pilot program required by clause (i), the Secretary shall assess the pilot program and make such changes to the protocol as the Secretary considers appropriate.
(iii) After making changes to the protocol under clause (ii), the Secretary shall implement the protocol in phases during the course of one year.
(Added and amended Pub. L. 112260, title II, § 202(a), (b), Jan. 10, 2013, 126 Stat. 2423, 2424; Pub. L. 11359, § 6, Dec. 20, 2013, 127 Stat. 662; Pub. L. 113175, title IV, § 401, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 11458, title IV, § 401, Sept. 30, 2015, 129 Stat. 534; Pub. L. 114228, title IV, § 401, Sept. 29, 2016, 130 Stat. 939; Pub. L. 11562, title IV, § 401, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115251, title I, § 161, Sept. 29, 2018, 132 Stat. 3171; Pub. L. 116159, div. E, title II, § 5204, Oct. 1, 2020, 134 Stat. 750; Pub. L. 116315, title VII, § 7001, Jan. 5, 2021, 134 Stat. 5054; Pub. L. 117180, div. E, title II, § 201, Sept. 30, 2022, 136 Stat. 2137; Pub. L. 11883, div. B, title III, § 331, Sept. 26, 2024, 138 Stat. 1541; Pub. L. 11937, div. G, title IV, § 7403, Nov. 12, 2025, 139 Stat. 654.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, referred to in subsec. (b)(2)(A), is the date of enactment of Pub. L. 116315, which was approved Jan. 5, 2021.
Amendments2025—Subsec. (a)(2). Pub. L. 11937 substituted “September 30, 2026” for “September 30, 2025”. 2024—Subsec. (a)(2). Pub. L. 11883 substituted “September 30, 2025” for “September 30, 2024”. 2022—Subsec. (a)(2). Pub. L. 117180 substituted “September 30, 2024” for “September 30, 2022”. 2021—Subsec. (b). Pub. L. 116315 designated existing provisions as par. (1) and added par. (2). 2020—Subsec. (a)(2). Pub. L. 116159 substituted “September 30, 2022” for “September 30, 2020”. 2018—Subsec. (a)(2). Pub. L. 115251 substituted “September 30, 2020” for “September 30, 2019”. 2017—Subsec. (a)(2). Pub. L. 11562 substituted “September 30, 2019” for “December 31, 2017”. 2016—Subsec. (a)(2). Pub. L. 114228 substituted “December 31, 2017” for “December 31, 2016”. 2015—Subsec. (a)(2). Pub. L. 11458 substituted “December 31, 2016” for “December 31, 2015”. 2014—Subsec. (a)(2). Pub. L. 113175 substituted “December 31, 2015” for “December 31, 2014”. 2013—Subsec. (a)(2). Pub. L. 11359 substituted “December 31, 2014” for “the date that is one year after the date of the enactment of this section”. Subsec. (b). Pub. L. 112260, § 202(b), transferred subsec. (h) of section 111 of this title to this section, redesignated it as subsec. (b), and inserted heading.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentPub. L. 11937, div. G, title IV, § 7406, Nov. 12, 2025, 139 Stat. 654, provided that: “The amendments made by this division [amending this section, sections 312, 315, 503, 1710, 1710A, 2021A, 2031, 2033, 2044, 2061, 2102A, 2108, 3699, 3720, 3733, 3737, and 8118 of this title and provisions set out as notes under sections 1712A, 1720F, and 5101 of this title], except for the amendments made by section 7307 [amending sections 3720 and 3737 of this title], shall take effect as if enacted on September 30, 2025.”
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# 38 U.S.C. § 112 - Presidential memorial certificate program
## Text
(a) At the request of the President the Secretary may conduct a program for honoring the memory of deceased persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title, by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the countrys grateful recognition of the deceased individuals service in the Armed Forces. The award of a certificate to one eligible recipient will not preclude authorization of another certificate if a request is received from some other eligible recipient.
(b) For the purpose of this section an “eligible recipient” means the next of kin, a relative or friend upon request, or an authorized service representative acting on behalf of such relative or friend.
(c) A certificate may not be furnished under the program under subsection (a) on behalf of a deceased person described in section 2411(b) of this title.
(Added Pub. L. 8988, § 1(a), July 24, 1965, 79 Stat. 264; amended Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 107330, title II, § 201(a), Dec. 6, 2002, 116 Stat. 2823; Pub. L. 112154, title VI, § 603, Aug. 6, 2012, 126 Stat. 1201; Pub. L. 114315, title III, § 302(a), Dec. 16, 2016, 130 Stat. 1551.)
## Notes
Editorial Notes
Amendments2016—Subsec. (a). Pub. L. 114315 substituted “persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of section 2402(a) of this title,” for “veterans, discharged under honorable conditions, and persons who died in the active military, naval, or air service,”. 2012—Subsec. (a). Pub. L. 112154 inserted “and persons who died in the active military, naval, or air service,” after “under honorable conditions,” and substituted “deceased individuals” for “veterans”. 2002—Subsec. (c). Pub. L. 107330 added subsec. (c). 1991—Subsec. (a). Pub. L. 10283 substituted “Secretary” for “Administrator”.
Statutory Notes and Related Subsidiaries
Effective Date of 2016 AmendmentPub. L. 114315, title III, § 302(b), Dec. 16, 2016, 130 Stat. 1551, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to the death of a person eligible for burial in a national cemetery by reason of paragraph (1), (2), (3), or (7) of section 2402(a) of title 38, United States Code, occurring before, on, or after the date of the enactment of this Act [Dec. 16, 2016].”
Effective Date of 2002 AmendmentPub. L. 107330, title II, § 201(d), Dec. 6, 2002, 116 Stat. 2823, provided that: “The amendments made by this section [amending this section and sections 2301 and 2306 of this title] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 6, 2002].”
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# 38 U.S.C. § 113 - Treatment of certain programs under sequestration procedures
## Text
(a) The following programs shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending:
(1) Benefits under chapter 21 of this title, relating to specially adapted housing and mortgage-protection life insurance for certain veterans with service-connected disabilities.
(2) Benefits under section 2307 of this title, relating to burial benefits for veterans who die as the result of a service-connected disability.
(3) Benefits under chapter 39 of this title, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces.
(4) Assistance and services under chapter 31 of this title, relating to training and rehabilitation for certain veterans with service-connected disabilities.
(5) Benefits under chapter 35 of this title, relating to educational assistance for survivors and dependents of certain veterans with service-connected disabilities.
(6) Benefits under subchapters I, II, and III of chapter 37 of this title, relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans.
(b) The following accounts of the Department shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending:
(1) The following life insurance accounts:
(A) The National Service Life Insurance Fund authorized by section 1920 of this title.
(B) The Service-Disabled Veterans Insurance Fund authorized by section 1922 of this title.
(C) The Veterans Special Life Insurance Fund authorized by section 1923 of this title.
(D) The Veterans Reopened Insurance Fund authorized by section 1925 of this title.
(E) The United States Government Life Insurance Fund authorized by section 1955 of this title.
(F) The Veterans Insurance and Indemnity appropriation authorized by section 1919 of this title.
(2) The following revolving fund accounts:
(A) The Department of Veterans Affairs Special Therapeutic and Rehabilitation Activities Fund established by section 1718(c) of this title.
(B) The Veterans Canteen Service revolving fund authorized by section 7804 of this title.
(c) (1) A benefit under section 2301, 2303, 2306, or 2308 of this title that is subject to reduction under a sequestration order or sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect on the date of the death of the veteran concerned.
(2) A benefit paid to, or on behalf of, an eligible veteran for pursuit of a program of education or training under chapter 30, 31, 34, 35, or 36 of this title that is subject to a sequestration order or a sequestration law shall be paid in accordance with the rates determined under the sequestration order or law (if any) in effect during the period of education or training for which the benefit is paid.
(3) In implementation of a sequestration order or law with respect to each account from which a benefit described in paragraph (1) or (2) of this subsection is paid (including the making of determinations of the amounts by which such benefits are to be reduced), the total of the amounts (as estimated by the Secretary after consultation with the Director of the Congressional Budget Office) by which payments of such benefit will be reduced by reason of such paragraph after the last day of the period during which such order or law is in effect shall be deemed to be additional reductions in the payments of such benefit made, and in new budget authority for such payments, during such period.
(d) In computing the amount of new budget authority by which a budget account of the Department is to be reduced for a fiscal year under a report of the Director of the Office of Management and Budget, or under an order of the President under part C of the Balanced Budget and Emergency Deficit Control Act of 1985, the base from which the amount of the reduction for such account is determined shall be established without regard to any amount of new budget authority in such account (determined under section 251(a)(6) 11 See References in Text note below. of such Act) for any of the programs listed in subsection (a) of this section.
(e) This section applies without regard to any other provision of law (whether enacted before, on, or after the date of the enactment of this section) unless such Act expressly provides that it is enacted as a limitation to this section.
(f) For the purposes of this section:
(1) The term “sequestration” means a reduction in spending authority and loan guarantee commitments generally throughout the Government under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law.
(2) The term “sequestration law” means a law enacted with respect to a sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) or any other law (under the procedures specified in that Act or otherwise).
(3) The term “sequestration order” means an order of the President issued under part C of such Act.
(Added Pub. L. 99576, title VI, § 601(a)(1), Oct. 28, 1986, 100 Stat. 3287; amended Pub. L. 100198, § 12(a), Dec. 21, 1987, 101 Stat. 1325; Pub. L. 100322, title IV, § 411(b), (c), May 20, 1988, 102 Stat. 547; Pub. L. 10240, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; Pub. L. 10283, §§ 4(a)(2)(B)(i), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 403406; Pub. L. 116315, title II, § 2202(b)(1)(D), Jan. 5, 2021, 134 Stat. 4985.)
## Notes
Editorial Notes
References in TextThe Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsecs. (a), (b), (d), and (f), is title II of Pub. L. 99177, Dec. 12, 1985, 99 Stat. 1038. Part C of the Act is classified generally to subchapter I (§ 900 et seq.) of chapter 20 of Title 2, The Congress. Section 251 of the Act is classified to section 901 of Title 2, and was amended generally by Pub. L. 101508, title XIII, § 13101(a), Nov. 5, 1990, 104 Stat. 1388577, and Pub. L. 11225, title I, § 101, Aug. 2, 2011, 125 Stat. 241. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. The date of the enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 99576, which was approved Oct. 28, 1986.
Amendments2021—Subsec. (c)(1). Pub. L. 116315 struck out “2302,” after “section 2301,”. 1991—Subsec. (a)(2). Pub. L. 10283, § 5(c)(1), substituted “2307” for “907”. Subsec. (b). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” in introductory provisions. Subsec. (b)(1). Pub. L. 10283, § 5(c)(1), substituted “1920” for “720” in subpar. (A), “1922” for “722” in subpar. (B), “1923” for “723” in subpar. (C), “1925” for “725” in subpar. (D), “1955” for “755” in subpar. (E), and “1919” for “719” in subpar. (F). Subsec. (b)(2)(A). Pub. L. 10283, § 5(c)(1), substituted “1718(c)” for “618(c)”. Pub. L. 10283, § 4(a)(2)(B)(i), substituted “Department of Veterans Affairs” for “Veterans Administration”. Subsec. (b)(2)(B). Pub. L. 10240 substituted “7804” for “4204”. Subsec. (c)(1). Pub. L. 10283, § 5(c)(1), substituted “2301, 2302, 2303, 2306, or 2308” for “901, 902, 903, 906, or 908”. Subsec. (c)(3). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (d). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. 1988—Subsec. (a)(4), (5). Pub. L. 100322, § 411(b), struck out “(but only with respect to fiscal year 1987)” before period at end. Subsec. (d). Pub. L. 100322, § 411(c), substituted “a report of the Director of the Office of Management and Budget” for “a joint report of the Directors of the Office of Management and Budget and the Congressional Budget Office”. 1987—Subsec. (a)(6). Pub. L. 100198, § 12(a)(1), added par. (6). Subsec. (c)(2). Pub. L. 100198, § 12(a)(3), substituted “31, 34, 35, or 36” for “34, or 36”. Subsecs. (e) to (g). Pub. L. 100198, § 12(a)(2), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which read as follows: “If a final order issued by the President pursuant to a law providing for the cancellation of loan guarantee commitments imposes a limitation on the total amount of loans that may be guaranteed under chapter 37 of this title in any fiscal year, the Administrator shall submit to the Committees on Veterans Affairs of the Senate and the House of Representatives a monthly report (not later than the 10th day of each month during the remainder of such fiscal year following the issuance of such final order) providing the following information: “(1) The total amount of the loans for which commitments of guarantees were made under such chapter during the preceding month. “(2) The total amount of the loans for which commitments were made during the fiscal year through the end of such preceding month. “(3) The Administrators estimates as to the total amounts of the loans for which commitments would, in the absence of any limits on such commitments or guarantees, be made during (A) the month in which the report is required to be submitted, and (B) the succeeding months of the fiscal year.”
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 116315, title II, § 2202(d), Jan. 5, 2021, 134 Stat. 4985, provided that: “The amendments made by this section [amending this section and sections 2302 to 2304, 2307, 2308, and 5101 of this title and section 3810 of Title 50, War and National Defense] shall apply to deaths that occur on or after the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].”
Effective Date of 1987 AmendmentPub. L. 100198, § 12(b), Dec. 21, 1987, 101 Stat. 1325, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on November 19, 1987.”
Effective DatePub. L. 99576, title VI, § 601(b), Oct. 28, 1986, 100 Stat. 3289, provided that: “Section 113 of title 38, United States Code (as added by subsection (a)), shall apply with respect to a sequestration order issued, or a sequestration law enacted, for a fiscal year after fiscal year 1986.”
Restoration of Certain Revolving FundsPub. L. 100322, title IV, § 411(a), May 20, 1988, 102 Stat. 547, provided that: “(1) Notwithstanding section 601(b) of the Veterans Benefits Improvement and Health-Care Authorization Act of 1986 (Public Law 99576) [set out as a note above], section 113(b)(2) of title 38, United States Code, shall apply with respect to a sequestration order issued, or a sequestration law enacted, for any fiscal year after fiscal year 1985. “(2) The Secretary of the Treasury shall take such action as is necessary to implement paragraph (1). Not later than 60 days after the date of the enactment of this Act [May 20, 1988], the Secretary shall submit to the Committees on Veterans Affairs of the Senate and House of Representatives a report on the action taken by the Secretary pursuant to that paragraph.”
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# 38 U.S.C. § 114 - Multiyear procurement
## Text
(a) The Secretary may enter into a multiyear contract for the procurement of supplies or services if the Secretary makes each of the following determinations:
(1) Appropriations are available for obligations that are necessary for total payments that would be required during the fiscal year in which the contract is entered into, plus the estimated amount of any cancellation charge payable under the contract.
(2) The contract is in the best interest of the United States by reason of the effect that use of a multiyear, rather than one-year, contract would have in—
(A) reducing costs;
(B) achieving economies in contract administration or in any other Department activities;
(C) increasing quality of performance by or service from the contractors; or
(D) encouraging effective competition.
(3) During the proposed contract period—
(A) there will be a continuing or recurring need for the supplies or services being procured;
(B) there is not a substantial likelihood of substantial changes in the need for such supplies or services in terms of the total quantity of such supplies or services or of the rate of delivery of such supplies or services; and
(C) the specifications for the supplies or services are expected to be reasonably stable.
(4) The risks relating to the prospective contractors ability to perform in accordance with the specifications and other terms of the contract are not excessive.
(5) The use of a multiyear contract will not inhibit small business concerns in competing for the contract.
(6) In the case of the procurement of a pharmaceutical item for which a patent has expired less than four years before the date on which the solicitation of offers is issued, there is no substantial likelihood that increased competition among potential contractors would occur during the term of the contract as the result of the availability of generic equivalents increasing during the term of the contract.
(b) (1) A multiyear contract authorized by this section shall contain—
(A) a provision that the obligation of the United States under the contract during any fiscal year which is included in the contract period and is subsequent to the fiscal year during which the contract is entered into is contingent on the availability of sufficient appropriations (as determined by the Secretary pursuant to paragraph (2)(A) of this subsection) if, at the time the contract is entered into, appropriations are not available to cover the total estimated payments that will be required during the full term of the contract; and
(B) notwithstanding section 1502(a) of title 31, a provision for the payment of reasonable cancellation charges to compensate the contractor for nonrecurring, unrecovered costs, if any, if the performance is cancelled pursuant to the provision required by subparagraph (A) of this paragraph.
(2) (A) If, during a fiscal year after the fiscal year during which a multiyear contract is entered into under this section, the Secretary determines that, in light of other funding needs involved in the operation of Department programs, the amount of funds appropriated for such subsequent fiscal year is not sufficient for such contract, the Secretary shall cancel such contract pursuant to the provisions required by paragraph (1)(A) of this subsection.
(B) Cancellation charges under a multiyear contract shall be paid from the appropriated funds which were originally available for performance of the contract or the payment of cancellation costs unless such funds are not available in an amount sufficient to pay the entire amount of the cancellation charges payable under the contract. In a case in which such funds are not available in such amount, funds available for the procurement of supplies and services for use for the same purposes as the supplies or services procured through such contract shall be used to the extent necessary to pay such cost.
(c) Nothing in this section shall be construed so as to restrict the Secretarys exercise of the right to terminate for convenience a contract under any other provision of law which authorizes multiyear contracting.
(d) The Secretary shall prescribe regulations for the implementation of this section.
(e) For the purposes of this section:
(1) The term “appropriations” has the meaning given that term in section 1511 of title 31.
(2) The term “multiyear contract” means a contract which by its terms is to remain in effect for a period which extends beyond the end of the fiscal year during which the contract is entered into but not beyond the end of the fourth fiscal year following such fiscal year. Such term does not include a contract for construction or for a lease of real property.
(3) The term “nonrecurring, unrecovered costs” means those costs reasonably incurred by the contractor in performing a multiyear contract which (as determined under regulations prescribed under subsection (d) of this section) are generally incurred on a one-time basis.
(Added Pub. L. 100322, title IV, § 404(a), May 20, 1988, 102 Stat. 545; amended Pub. L. 101237, title VI, § 601(a), (b)(1), Dec. 18, 1989, 103 Stat. 2094; Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Amendments1991—Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions. Subsec. (a)(2)(B). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Subsec. (b)(1)(A). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (b)(2)(A). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Subsec. (c). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretarys” for “Administrators”. Subsec. (d). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1989—Pub. L. 101237, § 601(b)(1), struck out “for certain medical items” after “Multiyear procurement” in section catchline. Subsec. (a). Pub. L. 101237, § 601(a)(1), struck out “for use in Veterans Administration health-care facilities” after “supplies or services”. Subsec. (b)(2)(A). Pub. L. 101237, § 601(a)(2), struck out “health-care” before “programs, the amount”. Subsec. (e)(2) to (4). Pub. L. 101237, § 601(a)(3), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “The term cancel or cancellation refers to the termination of a contract by the Administrator as required under paragraph (2)(B)(i) of this subsection.”
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# 38 U.S.C. § 115 - Acquisition of real property
## Text
For the purposes of sections 314, 315, 316, and 2406 of this title and subchapter I of chapter 81 of this title, the Secretary may acquire and use real property—
(1) before title to the property is approved under section 3111 of title 40; and
(2) even though the property will be held in other than a fee simple interest in a case in which the Secretary determines that the interest to be acquired is sufficient for the purposes of the intended use.
(Added Pub. L. 10286, title IV, § 402(a), Aug. 14, 1991, 105 Stat. 422; amended Pub. L. 10283, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title XII, § 1201(d)(1), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 107217, § 3(j)(1), Aug. 21, 2002, 116 Stat. 1300.)
## Notes
Editorial Notes
Amendments2002—Par. (1). Pub. L. 107217 substituted “section 3111 of title 40” for “section 355 of the Revised Statutes (40 U.S.C. 255)”. 1994—Pub. L. 103446 substituted “sections 314, 315, 316,” for “sections 230” in introductory provisions. 1991—Pub. L. 10283 substituted “2406” for “1006” in introductory provisions.
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# 38 U.S.C. § 116 - Reports to Congress: cost information
## Text
Whenever the Secretary submits to Congress, or any committee of Congress, a report that is required by law or by a joint explanatory statement of a committee of conference of the Congress, the Secretary shall include with the report—
(1) a statement of the cost of preparing the report; and
(2) a brief explanation of the methodology used in preparing that cost statement.
(Added Pub. L. 106419, title IV, § 403(d)(1)(A), Nov. 1, 2000, 114 Stat. 1864.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 106419, title IV, § 403(d)(2), Nov. 1, 2000, 114 Stat. 1864, provided that: “Section 116 of title 38, United States Code, as added by paragraph (1) of this subsection, shall apply with respect to any report submitted by the Secretary of Veterans Affairs after the end of the 90-day period beginning on the date of the enactment of this Act [Nov. 1, 2000].”
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# 38 U.S.C. § 117 - Advance appropriations for certain accounts
## Text
(a) In General.— For each fiscal year, new budget authority provided in an appropriations Act for the covered accounts of the Department shall—
(1) be made available for that fiscal year; and
(2) include, for each such account, advance new budget authority that first becomes available for the first fiscal year after the budget year.
(b) Estimates Required.— The Secretary shall include in documents submitted to Congress in support of the Presidents budget submitted pursuant to section 1105 of title 31, United States Code, detailed estimates of the funds necessary for the covered accounts of the Department for the fiscal year following the fiscal year for which the budget is submitted.
(c) Covered Accounts of the Department.— For purposes of this section, the term “covered accounts of the Department” means the following accounts of the Department of Veterans Affairs account:
(1) Veterans Benefits Administration, Compensation and Pensions.
(2) Veterans Benefits Administration, Readjustment Benefits.
(3) Veterans Benefits Administration, Veterans Insurance and Indemnities.
(4) Veterans Health Administration, Medical Services.
(5) Veterans Health Administration, Medical Support and Compliance.
(6) Veterans Health Administration, Medical Facilities.
(7) Veterans Health Administration, Medical Community Care.
(d) Annual Report.— Not later than July 31 of each year, the Secretary shall submit to Congress an annual report on the sufficiency of the Departments resources for the next fiscal year beginning after the date of the submittal of the report for the provision of medical care. Such report shall also include estimates of the workload and demand data for that fiscal year.
(Added Pub. L. 11181, § 3(a), Oct. 22, 2009, 123 Stat. 2137; amended Pub. L. 113235, div. I, title II, § 244(a), Dec. 16, 2014, 128 Stat. 2568; Pub. L. 114315, title VI, § 601(a), Dec. 16, 2016, 130 Stat. 1569.)
## Notes
Editorial Notes
Amendments2016—Subsec. (c)(7). Pub. L. 114315 added par. (7). 2014—Pub. L. 113235, § 244(a)(4), substituted “certain accounts” for “certain medical care accounts” in section catchline. Subsec. (a). Pub. L. 113235, § 244(a)(2), struck out “beginning with fiscal year 2011,” after “each fiscal year,” in introductory provisions and “discretionary” before “new budget authority” in introductory provisions and par. (2). Pub. L. 113235, § 244(a)(1), substituted “covered accounts of the Department” for “medical care accounts of the Department” in introductory provisions. Subsec. (b). Pub. L. 113235, § 244(a)(1), substituted “covered accounts of the Department” for “medical care accounts of the Department”. Subsec. (c). Pub. L. 113235, § 244(a)(1), (3)(A), (G), in heading, substituted “Covered Accounts of the Department” for “Medical Care Accounts” and, in introductory provisions, substituted “covered accounts of the Department” for “medical care accounts of the Department” and “accounts of the Department of Veterans Affairs account” for “medical care accounts of the Veterans Health Administration, Department of Veterans Affairs account”. Pub. L. 113235, § 244(a)(3)(B)(F), inserted “Veterans Health Administration,” after enumerators for pars. (1) to (3), redesignated pars. (1) to (3) as (4) to (6), respectively, and added pars. (1) to (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 AmendmentAmendment by Pub. L. 114315 applicable to fiscal years beginning on and after Oct. 1, 2017, see section 601(c) of Pub. L. 114315, set out as a note under section 1105 of Title 31, Money and Finance.
Effective Date of 2014 AmendmentPub. L. 113235, div. I, title II, § 244(b), Dec. 16, 2014, 128 Stat. 2569, provided that: “Section 117 of title 38, United States Code, shall apply as follows: “(1) With respect to an account described in paragraph (4), (5), or (6) of subsection (c) of such section, as redesignated by subsection (a) of this section, for each fiscal year beginning with fiscal year 2011. “(2) With respect to an account described in paragraph (1), (2), or (3) of such subsection (c), as added by subsection (a) of this section, for each fiscal year beginning with 2017.”
Comptroller General Review of the Accuracy of VA Medical Care Budget Submission in Relation to Baseline Health Care Model ProjectionPub. L. 11181, § 4, Oct. 22, 2009, 123 Stat. 2138, provided that: “(a) Review of Accuracy of Medical Care Budget Submission.—The Comptroller General shall conduct a review of each budget of the President for a fiscal year that is submitted to Congress pursuant to section 1105(a) of title 31 in order to assess whether or not the relevant components of the amounts requested in such budget for such fiscal year for the medical care accounts of the Department of Veterans Affairs specified in section 117(c) of title 38, United States Code, as added by section 3, are consistent with estimates of the resources required by the Department for the provision of medical care and services in such fiscal year, as forecast using the Enrollee Health Care Projection Model, or other methodologies used by the Department. “(b) Reports.—“(1) In general.—Not later than 120 days after the date of each year in 2011, 2012, and 2013, on which the President submits the budget request for the next fiscal year under section 1105 of title 31, United States Code, the Comptroller General shall submit to the Committees on Veterans Affairs, Appropriations, and the Budget of the Senate and the Committees on Veterans Affairs, Appropriations, and the Budget of the House of Representatives and to the Secretary a report on the review conducted under subsection (a). “(2) Elements.—Each report under this paragraph shall include, for the fiscal year beginning in the year in which such report is submitted, the following:“(A) An assessment of the review conducted under subsection (a). “(B) The basis for such assessment. “(C) Such additional information as the Comptroller General determines appropriate. “(3) Availability to the public.—Each report submitted under this subsection shall also be made available to the public.”
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# 38 U.S.C. § 118 - Submission of reports to Congress in electronic form
## Text
(a) In General.— Whenever the Secretary or any other official of the Department is required by law to submit to Congress (or any committee of either chamber of Congress) a report, the Secretary or other official shall submit to Congress (or such committee) a copy of the report in an electronic format.
(b) Treatment.— The submission of a copy of a report in accordance with this section shall be treated as meeting any requirement of law to submit such report to Congress (or any committee of either chamber of Congress).
(c) Report Defined.— For purposes of this section, the term “report” includes any certification, notification, or other communication in writing.
(Added Pub. L. 111163, title X, § 1003(a), May 5, 2010, 124 Stat. 1182.)
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# 38 U.S.C. § 119 - Contracting for statistical analyses and data evaluation
## Text
(a) In General.— The Secretary may enter into a contract or other agreement with an academic institution or other qualified entity, as determined by the Secretary, to carry out statistical analyses and data evaluation as required of the Secretary by law.”.11 So in original. The quotation marks and second period probably should not appear.
(b) Rule of Construction.— Nothing in this section may be construed to limit the authority of the Secretary to enter into contracts or other agreements for statistical analyses and data evaluation under any other provision of law.
(Added Pub. L. 116171, title III, § 306(a), Oct. 17, 2020, 134 Stat. 805.)
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# 38 U.S.C. § 1102 - Special provisions relating to surviving spouses
## Text
(a) No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran—
(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
(b) Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1119, § 302; Pub. L. 86491, June 8, 1960, 74 Stat. 161; Pub. L. 9077, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94433, title IV, § 404(2)(4), Sept. 30, 1976, 90 Stat. 1378; renumbered § 1102 and amended Pub. L. 10283, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 302 of this title as this section. Subsec. (b). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. 1976—Pub. L. 94433, § 404(4), substituted “surviving spouses” for “widows” in section catchline. Subsec. (a). Pub. L. 94433, § 404(2), substituted “surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran” for “widow of a veteran under this chapter unless she was married to him”. Subsec. (b). Pub. L. 94433, § 404(3), substituted “surviving spouse” for “widow” in two places. 1967—Subsec. (a)(2), (3). Pub. L. 9077 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth. 1960—Subsec. (a)(1). Pub. L. 86491 substituted “fifteen years” for “ten years”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 9077 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 9077, set out as a note under section 101 of this title.
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# 38 U.S.C. § 1103 - Special provisions relating to claims based upon effects of tobacco products
## Text
(a) Notwithstanding any other provision of law, a veterans disability or death shall not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the active military, naval, air, or space service for purposes of this title on the basis that it resulted from injury or disease attributable to the use of tobacco products by the veteran during the veterans service.
(b) Nothing in subsection (a) shall be construed as precluding the establishment of service connection for disability or death from a disease or injury which is otherwise shown to have been incurred or aggravated in active military, naval, air, or space service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this title.
(Added Pub. L. 105178, title VIII, § 8202(a)(1), as added Pub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; amended Pub. L. 116283, div. A, title IX, § 926(a)(6), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1103 was renumbered section 1104 of this title.
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service” in subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective DateTitle IX of Pub. L. 105206 effective simultaneously with enactment of Pub. L. 105178 and to be treated as included in Pub. L. 105178 at time of enactment, see section 9016 of Pub. L. 105206, set out as an Effective Date of 1998 Amendment note under section 101 of Title 23, Highways. Pub. L. 105178, title VIII, § 8202(b), as amended by Pub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865, provided that: “Section 1103 of title 38, United States Code, as added by subsection (a), shall apply with respect to claims received by the Secretary of Veterans Affairs after the date of the enactment of this Act [June 9, 1998].”
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# 38 U.S.C. § 1104 - Cost-of-living adjustments
## Text
(a) In the computation of cost-of-living adjustments for fiscal years 1998 through 2013 in the rates of, and dollar limitations applicable to, compensation payable under this chapter, such adjustments shall be made by a uniform percentage that is no more than the percentage equal to the social security increase for that fiscal year, with all increased monthly rates and limitations (other than increased rates or limitations equal to a whole dollar amount) rounded down to the next lower whole dollar amount.
(b) For purposes of this section, the term “social security increase” means the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).
(Added Pub. L. 10533, title VIII, § 8031(a)(1), Aug. 5, 1997, 111 Stat. 668, § 1103; renumbered § 1104, Pub. L. 105368, title X, § 1005(a), Nov. 11, 1998, 112 Stat. 3364; amended Pub. L. 107103, title II, § 205, Dec. 27, 2001, 115 Stat. 990; Pub. L. 108183, title VII, § 706, Dec. 16, 2003, 117 Stat. 2672.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments2003—Subsec. (a). Pub. L. 108183 substituted “2013” for “2011”. 2001—Subsec. (a). Pub. L. 107103 substituted “2011” for “2002”. 1998—Pub. L. 105368 renumbered section 1103 of this title as this section.
@@ -0,0 +1,49 @@
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# 38 U.S.C. § 1110 - Basic entitlement
## Text
For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, air, or space service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veterans own willful misconduct or abuse of alcohol or drugs.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1119, § 310; Pub. L. 101508, title VIII, § 8052(a)(2), Nov. 5, 1990, 104 Stat. 1388351; renumbered § 1110, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105178, title VIII, § 8202(a), June 9, 1998, 112 Stat. 492; Pub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; Pub. L. 116283, div. A, title IX, § 926(a)(7), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1998—Pub. L. 105178, which directed the substitution of “, abuse of alcohol or drugs, or use of tobacco products” for “or abuse of alcohol or drugs” before the period at end, was amended generally by Pub. L. 105206, which provided that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made. See Effective Date of 1998 Amendment note below. 1991—Pub. L. 10283 renumbered section 310 of this title as this section. 1990—Pub. L. 101508 substituted “a result of the veterans own willful misconduct or abuse of alcohol or drugs” for “the result of the veterans own willful misconduct”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentTitle IX of Pub. L. 105206 effective simultaneously with enactment of Pub. L. 105178 and to be treated as included in Pub. L. 105178 at time of enactment, and provisions of Pub. L. 105178 as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105206 to be treated as not enacted, see section 9016 of Pub. L. 105206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 effective with respect to claims filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101508, set out as a note under section 105 of this title.
Construction of 1998 AmendmentPub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865, provided that section 8202 of Pub. L. 105178 is amended generally and that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made.
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# 38 U.S.C. § 1111 - Presumption of sound condition
## Text
For the purposes of section 1110 of this title, every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1119, § 311; renumbered § 1111 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 311 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1110” for “310”.
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# 38 U.S.C. § 1113 - Presumptions rebuttable
## Text
(a) Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the diseases or disabilities within the purview of section 1112, 1116, 1117, 1118, or 1120 of this title, has been suffered between the date of separation from service and the onset of any such diseases or disabilities, or the disability is due to the veterans own willful misconduct, service-connection pursuant to section 1112, 1116, 1118, or 1120 of this title, or payments of compensation pursuant to section 1117 of this title, will not be in order.
(b) Nothing in section 1112, 1116, 1117, 1118, or 1120 of this title, subsection (a) of this section, or section 5 of Public Law 98542 (38 U.S.C. 1154 note) shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, air, or space service.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1120, § 313; Pub. L. 1024, § 2(b), Feb. 6, 1991, 105 Stat. 13; renumbered § 1113 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title I, § 106(b), title V, § 501(b)(1), Nov. 2, 1994, 108 Stat. 4651, 4663; Pub. L. 105277, div. C, title XVI, § 1602(b), Oct. 21, 1998, 112 Stat. 2681744; Pub. L. 116283, div. A, title IX, § 926(a)(9), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 117168, title IV, § 406(c), Aug. 10, 2022, 136 Stat. 1784.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117168 substituted “1118, or 1120” for “or 1118” wherever appearing. 2021—Subsec. (b). Pub. L. 116283 substituted “air, or space service” for “or air service”. 1998—Subsec. (a). Pub. L. 105277 substituted “1117, or 1118” for “or 1117” and “, 1116, or 1118” for “or 1116”. Subsec. (b). Pub. L. 105277, § 1602(b)(1), substituted “1117, or 1118” for “or 1117”. 1994—Subsec. (a). Pub. L. 103446, § 106(b), inserted “or disabilities” after “diseases” in two places, substituted “purview of section 1112, 1116, or 1117” for “purview of section 1112 or 1116”, and inserted “, or payments of compensation pursuant to section 1117 of this title,” before “will not”. Subsec. (b). Pub. L. 103446, § 501(b)(1), substituted “title,” for “title or” and inserted “, or section 5 of Public Law 98542 (38 U.S.C. 1154 note)” after “of this section”. Pub. L. 103446, § 106(b)(1), substituted “section 1112, 1116, or 1117” for “section 1112 or 1116”. 1991—Pub. L. 10283, § 5(a), renumbered section 313 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1112 or 1116” for “312 or 316” wherever appearing. Pub. L. 1024 inserted “or 316” after “section 312” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117168 effective Aug. 10, 2022, with additional provisions for different applicability dates applying to various categories of veterans and claimants for compensation, see section 406(d) of Pub. L. 117168, set out as an Effective Date note under section 1120 of this title.
Effective Date of 1994 AmendmentPub. L. 103446, title V, § 501(b)(2), Nov. 2, 1994, 108 Stat. 4663, provided that: “The amendments made by paragraph (1) [amending this section] shall apply with respect to applications for veterans benefits that are submitted to the Secretary of Veterans Affairs after the date of the enactment of this Act [Nov. 2, 1994].”
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# 38 U.S.C. § 1116A - Presumptions of service connection for veterans who served offshore of the Republic of Vietnam
## Text
(a) Service Connection.— For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease covered by section 1116 of this title becoming manifest as specified in that section in a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of such disease during the period of such service.
(b) Exposure.— A veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.
(c) Effective Date of Award.— (1) Except as provided by paragraph (2), the effective date of an award under this section shall be determined in accordance with section 5110 of this title.
(2) (A) Notwithstanding subsection (g) of section 5110 of this title, the Secretary shall determine the effective date of an award based on a claim under this section for an individual described in subparagraph (B) by treating the date on which the individual filed the prior claim specified in clause (i) of such subparagraph as the date on which the individual filed the claim so awarded under this section.
(B) An individual described in this subparagraph is a veteran, or a survivor of a veteran, who meets the following criteria:
(i) The veteran or survivor submitted a claim for disability compensation on or after September 25, 1985, and before January 1, 2020, for a disease covered by this section, and the claim was denied by reason of the claim not establishing that the disease was incurred or aggravated by the service of the veteran.
(ii) The veteran or survivor submits a claim for disability compensation on or after January 1, 2020, for the same condition covered by the prior claim under clause (i), and the claim is approved pursuant to this section.
(d) Determination of Offshore.— Notwithstanding any other provision of law, for purposes of this section, the Secretary shall treat a location as being offshore of Vietnam if the location is not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia and intersecting the following points: Points Geographic NamesLatitudeNorthLongitudeEast At Hon Nhan Island, Tho Chu Archipelago Kien Giang Province9°15.0103°27.0 At Hon Da Island southeast of Hon Khoai Island Minh Hai Province8°22.8104°52.4 At Tai Lon Islet, Con Dao Islet in Con Dao-Vung Toa Special Sector8°37.8106°37.5 At Bong Lai Islet, Con Dao Islet8°38.9106°40.3 At Bay Canh Islet, Con Dao Islet8°39.7106°42.1 At Hon Hai Islet (Phu Qui group of islands) Thuan Hai Province9°58.0109°5.0 At Hon Doi Islet, Thuan Hai Province12°39.0109°28.0 At Dai Lanh point, Phu Khanh Province12°53.8109°27.2 At Ong Can Islet, Phu Khanh Province13°54.0109°21.0 At Ly Son Islet, Nghia Binh Province15°23.1109° 9.0 At Con Co Island, Binh Tri Thien Province17°10.0107°20.6
(e) Herbicide Agent.— In this section, the term “herbicide agent” has the meaning given that term in section 1116(a)(3) of this title.
(Added Pub. L. 11623, § 2(a), June 25, 2019, 133 Stat. 966.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 11623, § 2(g), June 25, 2019, 133 Stat. 969, provided that: “The amendments made by this section [enacting this section and amending section 1710 of this title] shall take effect on January 1, 2020.”
ImplementationPub. L. 11623, § 2(c), June 25, 2019, 133 Stat. 968, provided that: “(1) Guidance.—Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1116A of title 38, United States Code, as added by subsection (a), before prescribing new regulations under such section. “(2) Updates.—(A) Not later than 120 days after the date of the enactment of this Act [June 25, 2019], the Secretary shall submit a report to the Committees on Veterans Affairs of the House of Representatives and the Senate regarding the plans of the Secretary—“(i) to conduct outreach under subsection (d); and “(ii) to respond to inquiries from veterans regarding claims for disability compensation under section 1116A of title 38, United States Code, as added by subsection (a) of this section. “(B) On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1116A, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate updates on the status of such regulations. “(3) Pending cases.—“(A) Authority to stay.—The Secretary may stay a claim described in subparagraph (B) until the date on which the Secretary commences the implementation of such section 1116A. “(B) Claims described.—A claim described in this subparagraph is a claim for disability compensation—“(i) relating to the service and diseases covered by such section 1116A; and “(ii) that is pending at the Veterans Benefits Administration or the Board of Veterans Appeals on or after the date of the enactment of this Act and before the date on which the Secretary commences the implementation of such section 1116A.”
OutreachPub. L. 11623, § 2(d), June 25, 2019, 133 Stat. 968, provided that: “(1) Requirement.—The Secretary of Veterans Affairs shall conduct outreach to inform veterans described in paragraph (2) of the ability to submit a claim for disability compensation under section 1116A of title 38, United States Code, as added by subsection (a). Such outreach shall include the following:“(A) The Secretary shall publish on the website of the Department a notice that a veterans [sic] described in paragraph (2) may submit or resubmit a claim for disability compensation under such section 1116A. “(B) The Secretary shall notify in writing the veteran service organization community of the ability of veterans described in paragraph (2) to submit or resubmit claims for disability compensation under such section 1116A. “(2) Veteran described.—A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.”
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# 38 U.S.C. § 1116B - Presumption of herbicide exposure for certain veterans who served in Korea
## Text
(a) Presumption of Service-Connection.— (1) For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) that becomes manifest as specified in that subsection in a veteran described in paragraph (2) shall be considered to have been incurred or aggravated in the line of duty in the active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during the period of such service.
(2) A veteran described in this paragraph is a veteran who, during active military, naval, or air service, served in or near the Korean Demilitarized Zone (DMZ), during the period beginning on September 1, 1967, and ending on August 31, 1971.
(b) Diseases.— A disease specified in this subsection is—
(1) a disease specified in paragraph (2) of subsection (a) of section 1116 of this title that becomes manifest as specified in that paragraph; or
(2) any additional disease that—
(A) pursuant to subchapter VII of this chapter, the Secretary determines in regulations warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent; and
(B) becomes manifest within any period prescribed in such regulations.
(c) Herbicide Agent.— For purposes of this section, the term “herbicide agent” has the meaning given such term in section 1821(d) of this title.
(Added Pub. L. 11623, § 3(a), June 25, 2019, 133 Stat. 969; amended Pub. L. 117168, title II, § 202(d)(2), Aug. 10, 2022, 136 Stat. 1775.)
## Notes
Editorial Notes
Amendments2022—Subsec. (b)(2)(A). Pub. L. 117168 inserted “pursuant to subchapter VII of this chapter,” before “the Secretary determines”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 11623, § 3(d), June 25, 2019, 133 Stat. 970, provided that: “The amendments made by this section [enacting this section] shall take effect on January 1, 2020.”
ImplementationPub. L. 11623, § 3(c), June 25, 2019, 133 Stat. 970, provided that: “(1) Guidance.—Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1116B of title 38, United States Code, as added by subsection (a), before prescribing new regulations under such section. “(2) Updates.—(A) Not later than 120 days after the date of the enactment of this Act [June 25, 2019], the Secretary shall submit a report to the Committees on Veterans Affairs of the House of Representatives and the Senate regarding the plans of the Secretary to respond to inquiries from veterans regarding claims for disability compensation under section 1116B of title 38, United States Code, as added by subsection (a) of this section. “(B) On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1116B, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate updates on the status of such regulations. “(3) Pending cases.—“(A) Authority to stay.—The Secretary may stay a claim described in subparagraph (B) until the date on which the Secretary commences the implementation of section 1116B of title 38, United States Code, as added by subsection (a). “(B) Claims described.—A claim described in this subparagraph is a claim for disability compensation—“(i) relating to the service and diseases covered by such section 1116B; and “(ii) that is pending at the Veterans Benefits Administration or the Board of Veterans Appeals on or after the date of the enactment of this Act and before the date on which the Secretary commences the implementation of such section 1116B.”
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# 38 U.S.C. § 1118 - Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War
## Text
(a) (1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service.
(2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that—
(A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a biological, chemical, or other toxic agent, environmental or wartime hazard, or preventive medicine or vaccine known or presumed to be associated with service in the Armed Forces in the Southwest Asia theater of operations during the Persian Gulf War; and
(B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in that theater of operations during that war and by reason of such service was exposed to such agent, hazard, or medicine or vaccine.
(3) For purposes of this subsection, a veteran who served on active duty in the Southwest Asia theater of operations during the Persian Gulf War and has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service to the agent, hazard, or medicine or vaccine associated with the illness in the regulations prescribed under this section unless there is conclusive evidence to establish that the veteran was not exposed to the agent, hazard, or medicine or vaccine by reason of such service.
(4) For purposes of this section, signs or symptoms that may be a manifestation of an undiagnosed illness include the signs and symptoms listed in section 1117(g) of this title.
(b) The Secretary shall ensure that any determination made on or after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 regarding a presumption of service connection based on a toxic exposure under this section is made pursuant to subchapter VII of this chapter.
(Added Pub. L. 105277, div. C, title XVI, § 1602(a)(1), Oct. 21, 1998, 112 Stat. 2681742; amended Pub. L. 107103, title II, § 202(b)(2), (d)(1), Dec. 27, 2001, 115 Stat. 989; Pub. L. 117168, title II, § 202(d)(3), Aug. 10, 2022, 136 Stat. 1775.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b), is the date of enactment of Pub. L. 117168, which was approved Aug. 10, 2022.
Amendments2022—Subsecs. (b) to (e). Pub. L. 117168 added subsec. (b) and struck out former subsecs. (b) to (e) which related to determinations of presumptions of service connection between illnesses and exposure to toxic agents during the Persian Gulf War. 2001—Subsec. (a)(4). Pub. L. 107103, § 202(b)(2), added par. (4). Subsec. (e). Pub. L. 107103, § 202(d)(1), substituted “on September 30, 2011” for “10 years after the first day of the fiscal year in which the National Academy of Sciences submits to the Secretary the first report under section 1603 of the Persian Gulf War Veterans Act of 1998”.
Statutory Notes and Related Subsidiaries
Effective Date of 2001 AmendmentAmendment by section 202(b)(2) of Pub. L. 107103 effective Mar. 1, 2002, see section 202(c) of Pub. L. 107103, set out as a note under section 1117 of this title.
@@ -0,0 +1,105 @@
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# 38 U.S.C. § 1119 - Presumptions of toxic exposure
## Text
(a) Consideration of Records.— If a veteran submits to the Secretary a claim for compensation for a service-connected disability under section 1110 of this title with evidence of a disability and a toxic exposure that occurred during active military, naval, air, or space service, the Secretary may, in adjudicating such claim, consider—
(1) any record of the veteran in an exposure tracking record system; and
(2) if no record of the veteran in an exposure tracking record system indicates that the veteran was subject to a toxic exposure during active military, naval, air, or space service, the totality of the circumstances of the service of the veteran.
(b) Presumption of Specific Toxic Exposure for Members Who Served in Certain Locations.— (1) The Secretary shall, for purposes of section 1110 and chapter 17 of this title, presume that any covered veteran was exposed to the substances, chemicals, and airborne hazards identified in the list under paragraph (2) during the service of the covered veteran specified in subsection (c)(1), unless there is affirmative evidence to establish that the covered veteran was not exposed to any such substances, chemicals, or hazards in connection with such service.
(2) The Secretary shall—
(A) establish and maintain a list that contains an identification of one or more such substances, chemicals, and airborne hazards as the Secretary, in collaboration with the Secretary of Defense, may determine appropriate for purposes of this section; and
(B) determine, using procedures consistent with section 1172 of this title and through the conduct of a formal evaluation under section 1173 of this title, whether to establish an end date for a covered veteran to qualify for presumptions of exposure under this section, if appropriate, but in no case establish an end date earlier than the last day of the period specified in section 101(33) for the Persian Gulf War.
(3) Beginning not later than two years after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, and not less frequently than once every two years thereafter, the Secretary shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a report identifying any additions or removals to the list under paragraph (2) during the period covered by the report.
(c) Definitions.— In this section:
(1) The term “covered veteran” means any veteran who—
(A) on or after August 2, 1990, performed active military, naval, air, or space service while assigned to a duty station in, including airspace above—
(i) Bahrain;
(ii) Iraq;
(iii) Kuwait;
(iv) Oman;
(v) Qatar;
(vi) Saudi Arabia;
(vii) Somalia; or
(viii) United Arab Emirates; or
(B) on or after September 11, 2001, performed active military, naval, air, or space service while assigned to a duty station in, including airspace above—
(i) Afghanistan;
(ii) Djibouti;
(iii) Egypt;
(iv) Jordan;
(v) Lebanon;
(vi) Syria;
(vii) Yemen;
(viii) Uzbekistan; or
(ix) any other country determined relevant by the Secretary.
(2) The term “exposure tracking record system”—
(A) means any system, program, or pilot program used by the Secretary of Veterans Affairs or the Secretary of Defense to track how veterans or members of the Armed Forces have been exposed to various occupational or environmental hazards; and
(B) includes the Individual Longitudinal Exposure Record, or successor system.
(3) The term “toxic exposure risk activity” has the meaning given such term in section 1710(e)(4) of this title.
(Added Pub. L. 117168, title III, § 302, Aug. 10, 2022, 136 Stat. 1777.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b)(3), is the date of enactment of Pub. L. 117168, which was approved Aug. 10, 2022.
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# 38 U.S.C. § 1120 - Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins
## Text
(a) Presumption of Service Connection.— For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwithstanding that there is no record of evidence of such disease during the period of such service.
(b) Diseases Specified.— The diseases specified in this subsection are the following:
(1) Asthma that was diagnosed after service of the covered veteran as specified in subsection (c).
(2) The following types of cancer:
(A) Head cancer of any type.
(B) Neck cancer of any type.
(C) Respiratory cancer of any type.
(D) Gastrointestinal cancer of any type.
(E) Reproductive cancer of any type.
(F) Lymphoma cancer of any type.
(G) Kidney cancer.
(H) Brain cancer.
(I) Melanoma.
(J) Pancreatic cancer.
(3) Chronic bronchitis.
(4) Chronic obstructive pulmonary disease.
(5) Constrictive bronchiolitis or obliterative bronchiolitis.
(6) Emphysema.
(7) Granulomatous disease.
(8) Interstitial lung disease.
(9) Pleuritis.
(10) Pulmonary fibrosis.
(11) Sarcoidosis.
(12) Chronic sinusitis.
(13) Chronic rhinitis.
(14) Glioblastoma.
(15) Any other disease for which the Secretary determines, pursuant to regulations prescribed under subchapter VII that a presumption of service connection is warranted based on a positive association with a substance, chemical, or airborne hazard identified in the list under section 1119(b)(2) of this title.
(c) Covered Veteran Defined.— In this section, the term “covered veteran” has the meaning given that term in section 1119(c) of this title.
(Added Pub. L. 117168, title IV, § 406(b), Aug. 10, 2022, 136 Stat. 1784; amended Pub. L. 117263, div. E, title LI, § 5124(a), Dec. 23, 2022, 136 Stat. 3211.)
## Notes
Editorial Notes
Amendments2022—Subsec. (b)(2)(G) to (K). Pub. L. 117263 redesignated subpars. (H) to (K) as (G) to (J), respectively, and struck out former subpar. (G) which read as follows: “Lymphomatic cancer of any type.”
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentPub. L. 117263, div. E, title LI, § 5124(d), Dec. 23, 2022, 136 Stat. 3211, provided that: “The amendments made by this section [amending this section and sections 8103 and 8104 of this title] shall take effect as if included in the enactment of the Honoring our PACT Act of 2022 (Public Law 117168).”
Effective DatePub. L. 117168, title IV, § 406(d), Aug. 10, 2022, 136 Stat. 1784, provided that: “The amendments made by this section [enacting this section and amending section 1113 of this title] shall take effect on the date of the enactment of this Act [Aug. 10, 2022] and shall apply as follows: “(1) On the date of the enactment of this Act for claimants for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and veterans whom the Secretary of Veterans Affairs determines are—“(A) terminally ill; “(B) homeless; “(C) under extreme financial hardship; “(D) more than 85 years old; or “(E) capable of demonstrating other sufficient cause. “(2) On the date of the enactment of this Act for everyone not described in paragraph (1), with respect to paragraphs (1), (2)(C), (2)(I) [now (2)(H)], (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14), of section 1120(b) of title 38, United States Code, as added by subsection (b). “(3) On October 1, 2023, for everyone not described in paragraph (1), with respect to paragraphs (3) and (4) of section 1120(b) of such title, as so added. “(4) On October 1, 2024, for everyone not described in paragraph (1), with respect to subparagraphs (A), (B), (D), (E), (F), [former] (G), and (K) [now (J)] of section 1120(b)(2) of such title, as so added. “(5) On October 1, 2025, for everyone not described in paragraph (1), with respect to subparagraphs (H) [now (G)] and (J) [now (I)] of section 1120(b)(2) of such title, as so added.”
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# 38 U.S.C. § 1121 - Basic entitlement
## Text
The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957 as the result of injury or disease incurred in or aggravated by active military, naval, or air service, in line of duty, during a period of war, shall be entitled to receive compensation at the monthly rates specified in section 1122 of this title.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1122, § 321; Pub. L. 92197, § 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94433, title IV, § 404(12), Sept. 30, 1976, 90 Stat. 1378; renumbered § 1121 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 321 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1122” for “322”. 1976—Pub. L. 94433 substituted “spouse” for “widow”. 1971—Pub. L. 92197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 92197 effective Jan. 1, 1972, see section 10 of Pub. L. 92197, set out as a note under section 1311 of this title.
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# 38 U.S.C. § 1122 - Rates of wartime death compensation
## Text
(a) The monthly rates of death compensation shall be as follows:
(1) Surviving spouse but no child, $87;
(2) Surviving spouse with one child, $121 (with $29 for each additional child);
(3) No surviving spouse but one child, $67;
(4) No surviving spouse but two children, $94 (equally divided);
(5) No surviving spouse but three children, $122 (equally divided) (with $23 for each additional child, total amount to be equally divided);
(6) Dependent parent, $75;
(7) Both dependent parents, $40 each.
(b) The monthly rate of death compensation payable to a surviving spouse or dependent parent under subsection (a) of this section shall be increased by $79 if the payee is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1122, § 322; Pub. L. 9196, § 7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91588, § 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92197, § 9, Dec. 15, 1971, 85 Stat. 662; Pub. L. 93295, title II, § 204, May 31, 1974, 88 Stat. 183; Pub. L. 94169, title II, § 202, Dec. 23, 1975, 89 Stat. 1021; Pub. L. 94432, title IV, § 401, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 94433, title IV, § 404(13)(17), Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95204, title III, § 301, Dec. 2, 1977, 91 Stat. 1459; renumbered § 1122, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109233, title V, § 502(3), June 15, 2006, 120 Stat. 415.)
## Notes
Editorial Notes
Amendments2006—Subsec. (b)(2). Pub. L. 109233 substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”. 1991—Pub. L. 10283 renumbered section 322 of this title as this section. 1977—Subsec. (b). Pub. L. 95204 substituted “$79” for “$74”. 1976—Subsec. (a). Pub. L. 94433, § 404(13)(16), substituted “Surviving spouse” for “Widow” in pars. (1) and (2); “surviving spouse” for “widow” in pars. (3), (4), and (5); “parent” for “mother or father” in par. (6); and “Both dependent parents” for “Dependent mother and father” in par. (7). Subsec. (b). Pub. L. 94433, § 404(17), substituted “surviving spouse” for “widow”. Pub. L. 94432 substituted “$74” for “$69”. 1975—Subsec. (b). Pub. L. 94169 substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, “$69” for “$64”. 1974—Subsec. (b). Pub. L. 93295 substituted “$64” for “$55”. 1971—Subsec. (b). Pub. L. 92197 extended benefits to dependent parents under subsec. (a) of this section and increased the increase in benefits from $50 to $55. 1970—Subsec. (b). Pub. L. 91588 substituted “$55” for “$50”. 1969—Pub. L. 9196 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1977 AmendmentPub. L. 95204, title III, § 302, Dec. 2, 1977, 91 Stat. 1459, provided that: “The provisions of this Act [see Tables for classification] shall take effect January 1, 1978.”
Effective Date of 1976 AmendmentsAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title. Amendment by Pub. L. 94432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94432, set out as a note under section 1521 of this title.
Effective Date of 1975 AmendmentPub. L. 94169, title II, § 202, Dec. 23, 1975, 89 Stat. 1021, as amended by section 101 of Pub. L. 94432, eff. Sept. 30, 1976, provided that the amendment made by that section is effective Jan. 1, 1976.
Effective Date of 1974 AmendmentAmendment by Pub. L. 93295 effective May 1, 1974, see section 401 of Pub. L. 93295, set out as a note under section 1114 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 92197 effective Jan. 1, 1972, see section 10 of Pub. L. 92197, set out as a note under section 1311 of this title.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91588 effective Jan. 1, 1971, see section 10(a) of Pub. L. 91588, set out as a note under section 1521 of this title.
Effective Date of 1969 AmendmentAmendment by Pub. L. 9196 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 9196, set out as a note under section 1302 of this title.
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# 38 U.S.C. § 1131 - Basic entitlement
## Text
For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, air, or space service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veterans own willful misconduct or abuse of alcohol or drugs.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1122, § 331; Pub. L. 101508, title VIII, § 8052(a)(3), Nov. 5, 1990, 104 Stat. 1388351; renumbered § 1131, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105178, title VIII, § 8202(b), June 9, 1998, 112 Stat. 492; Pub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; Pub. L. 116283, div. A, title IX, § 926(a)(10), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1998—Pub. L. 105178, which directed the substitution of “, abuse of alcohol or drugs, or use of tobacco products” for “or abuse of alcohol or drugs” before the period at end, was amended generally by Pub. L. 105206, which provided that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made. See Effective Date of 1998 Amendment note below. 1991—Pub. L. 10283 renumbered section 331 of this title as this section. 1990—Pub. L. 101508 substituted “a result of the veterans own willful misconduct or abuse of alcohol or drugs” for “the result of the veterans own willful misconduct”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentTitle IX of Pub. L. 105206 effective simultaneously with enactment of Pub. L. 105178 and to be treated as included in Pub. L. 105178 at time of enactment, and provisions of Pub. L. 105178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105206 to be treated as not enacted, see section 9016 of Pub. L. 105206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 effective with respect to claims filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101508, set out as a note under section 105 of this title.
Construction of 1998 AmendmentPub. L. 105206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865, provided that section 8202 of Pub. L. 105178 is amended generally and that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made.
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# 38 U.S.C. § 1132 - Presumption of sound condition
## Text
For the purposes of section 1131 of this title, every person employed in the active military, naval, air, or space service for six months or more shall be taken to have been in sound condition when examined, accepted and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance and enrollment, or where evidence or medical judgment is such as to warrant a finding that the disease or injury existed before acceptance and enrollment.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1122, § 332; renumbered § 1132 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116283, div. A, title IX, § 926(a)(11), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1991—Pub. L. 10283, § 5(a), renumbered section 332 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1131” for “331”.
@@ -0,0 +1,45 @@
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# 38 U.S.C. § 1133 - Presumptions relating to certain diseases
## Text
(a) For the purposes of section 1131 of this title, and subject to the provisions of subsections (b) and (c) of this section, any veteran who served for six months or more and contracts a tropical disease or a resultant disorder or disease originating because of therapy administered in connection with a tropical disease, or as a preventative thereof, shall be deemed to have incurred such disability in the active military, naval, air, or space service when it is shown to exist within one year after separation from active service, or at a time when standard and accepted treatises indicate that the incubation period thereof commenced during active service.
(b) Service-connection shall not be granted pursuant to subsection (a), in any case where the disease or disorder is shown by clear and unmistakable evidence to have had its inception before or after active military, naval, air, or space service.
(c) Nothing in this section shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, air, or space service.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, § 333; renumbered § 1133 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116283, div. A, title IX, § 926(a)(12), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service” wherever appearing. 1991—Pub. L. 10283, § 5(a), renumbered section 333 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “1131” for “331”.
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# 38 U.S.C. § 1134 - Rates of peacetime disability compensation
## Text
For the purposes of section 1131 of this title, the compensation payable for the disability shall be that specified in section 1114 of this title.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, § 334; Pub. L. 92328, title I, § 108(a), June 30, 1972, 86 Stat. 396; renumbered § 1134 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 334 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1131” for “331” and “1114” for “314”. 1972—Pub. L. 92328 substituted provisions that compensation payable for the disability be that specified in section 314 of this title, for provisions that compensation payable for the disability be equal to 80% of the compensation payable for such disability under section 314 of this title, adjusted upward or downward to the nearest dollar.
Statutory Notes and Related Subsidiaries
Effective Date of 1972 AmendmentPub. L. 92328, title III, § 301(b), June 30, 1972, 86 Stat. 398, provided that: “Section 108 [repealing section 336 of this title and amending this section and section 335 [now 1135] of this title] shall take effect on July 1, 1973.”
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# 38 U.S.C. § 1135 - Additional compensation for dependents
## Text
Any veteran entitled to compensation at the rates provided in section 1134 of this title, and whose disability is rated not less than 30 percent, shall be entitled to additional monthly compensation for dependents as provided in section 1115 of this title.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, § 335; Pub. L. 92328, title I, § 108(b), June 30, 1972, 86 Stat. 396; Pub. L. 98543, title I, § 112(a), Oct. 24, 1984, 98 Stat. 2740; renumbered § 1135 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 335 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1134” for “334” and “1115” for “315”. 1984—Pub. L. 98543 substituted “30 percent” for “50 per centum”. 1972—Pub. L. 92328 substituted provisions that the veteran be entitled to additional monthly compensation for dependents as provided in section 315 of this title, for provisions that the veteran be entitled to additional monthly compensation for dependents equal to 80% of the additional compensation for dependents provided in section 315 of this title, and subject to the limitations thereof, and adjusted upward or downward to the nearest dollar.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentPub. L. 98543, title I, § 112(b), Oct. 24, 1984, 98 Stat. 2740, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 1978.”
Effective Date of 1972 AmendmentAmendment by Pub. L. 92328 effective July 1, 1973, see section 301(b) of Pub. L. 92328, set out as a note under section 1134 of this title.
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# 38 U.S.C. § 1136 - Vacant]
## Notes
Editorial Notes
Codification Prior to renumbering of sections 301 to 363 of this chapter as sections 1101 to 1163 by Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 336 of this chapter, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, which set forth the conditions under which wartime rates were payable to any veteran otherwise entitled to compensation under the provisions of this subchapter, was repealed by Pub. L. 92328, title I, § 108(c), title III, § 301(b), June 30, 1972, 86 Stat. 396, 398, effective July 1, 1973.
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# 38 U.S.C. § 1137 - Wartime presumptions for certain veterans
## Text
For the purposes of this subchapter and subchapter V of this chapter and notwithstanding the provisions of sections 1132 and 1133 of this subchapter, the provisions of sections 1111, 1112, and 1113 of this chapter shall be applicable in the case of any veteran who served in the active military, naval, air, or space service after December 31, 1946.
(Added Pub. L. 89358, § 7(a), Mar. 3, 1966, 80 Stat. 27, § 337; amended Pub. L. 93295, title II, § 205, May 31, 1974, 88 Stat. 183; renumbered § 1137 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116283, div. A, title IX, § 926(a)(13), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1991—Pub. L. 10283, § 5(a), renumbered section 337 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1132 and 1133” for “332 and 333” and “1111, 1112, and 1113” for “311, 312, and 313”. 1974—Pub. L. 93295 substituted “December 31, 1946” for “January 31, 1955”.
Statutory Notes and Related Subsidiaries
Effective Date of 1974 AmendmentAmendment by Pub. L. 93295 effective May 1, 1974, see section 401 of Pub. L. 93295, set out as a note under section 1114 of this title.
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# 38 U.S.C. § 1141 - Basic entitlement
## Text
The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957, as the result of injury or disease incurred in or aggravated by active military, naval, air, or space service, in line of duty, during other than a period of war, shall be entitled to receive compensation as hereinafter provided in this subchapter.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1123, § 341; Pub. L. 92197, § 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94433, title IV, § 404(18), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1141, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116283, div. A, title IX, § 926(a)(14), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1991—Pub. L. 10283 renumbered section 341 of this title as this section. 1976—Pub. L. 94433 substituted “spouse” for “widow”. 1971—Pub. L. 92197 struck out eligibility clause when the veteran died after April 30, 1957, under circumstances described in section 417(a) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 92197 effective Jan. 1, 1972, see section 10 of Pub. L. 92197, set out as a note under section 1311 of this title.
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# 38 U.S.C. § 1142 - Rates of peacetime death compensation
## Text
For the purposes of section 1141 of this title, the monthly rates of death compensation payable shall be those specified in section 1122 of this title.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, § 342; Pub. L. 93295, title II, § 206(a), May 31, 1974, 88 Stat. 183; renumbered § 1142 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 342 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1141” for “341” and “1122” for “322”. 1974—Pub. L. 93295 substituted “those specified in section 322 of this title” for “equal to 80 per centum of the rates prescribed by section 322 of this title, adjusted upward or downward to the nearest dollar, counting fifty cents and over as a whole dollar”.
Statutory Notes and Related Subsidiaries
Effective Date of 1974 AmendmentAmendment by Pub. L. 93295 effective May 1, 1974, see section 401 of Pub. L. 93295, set out as a note under section 1114 of this title.
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# 38 U.S.C. § 1143 - Vacant]
## Notes
Editorial Notes
Codification Prior to renumbering of sections 301 to 363 of this chapter as sections 1101 to 1163 by Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 343 of this chapter, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, which prescribed conditions under which wartime rates of compensation were payable, was repealed by Pub. L. 93295, title II, § 206(b), title IV, § 401, May 31, 1974, 88 Stat. 183, 184, effective May 1, 1974.
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# 38 U.S.C. § 1151 - Benefits for persons disabled by treatment or vocational rehabilitation
## Text
(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 veterans 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 the Department in furnishing the hospital care, medical or surgical treatment, or examination; or
(B) an event not reasonably foreseeable; or
(2) the disability or death was proximately caused (A) by the provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary for such purpose under section 3115 of this title) as part of an approved rehabilitation program under chapter 31 of this title, or (B) by participation in a program (known as a “compensated work therapy program”) under section 1718 of this title.
(b) (1) Where an individual is, on or after December 1, 1962, awarded a judgment against the United States in a civil action brought pursuant to section 1346(b) of title 28 or, on or after December 1, 1962, enters into a settlement or compromise under section 2672 or 2677 of title 28 by reason of a disability or death treated pursuant to this section as if it were service-connected, then (except as otherwise provided in paragraph (2)) no benefits shall be paid to such individual for any month beginning after the date such judgment, settlement, or compromise on account of such disability or death becomes final until the aggregate amount of benefits which would be paid but for this subsection equals the total amount included in such judgment, settlement, or compromise.
(2) In the case of a judgment, settlement, or compromise covered by paragraph (1) that becomes final on or after the date of the enactment of this paragraph and that includes an amount that is specifically designated for a purpose for which benefits are provided under chapter 21 or 39 of this title (hereinafter in this paragraph referred to as the “offset amount”), if such judgment, settlement, or compromise becomes final before the date of the award of benefits under chapter 21 or 39 for the purpose for which the offset amount was specifically designated—
(A) the amount of such award shall be reduced by the offset amount; and
(B) if the offset amount is greater than the amount of such award, the excess amount received pursuant to the judgment, settlement or compromise, shall be offset against benefits otherwise payable under this chapter.
(c) A qualifying additional disability under this section shall be treated in the same manner as if it were a service-connected disability for purposes of the following provisions of this title:
(1) Chapter 21, relating to specially adapted housing.
(2) Chapter 39, relating to automobiles and adaptive equipment.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, § 351; Pub. L. 87825, § 3, Oct. 15, 1962, 76 Stat. 950; Pub. L. 9124, § 3, June 11, 1969, 83 Stat. 33; Pub. L. 94433, title IV, § 404(19), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98223, title II, § 213(1), Mar. 2, 1984, 98 Stat. 46; renumbered § 1151 and amended Pub. L. 10283, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 104204, title IV, § 422(a), Sept. 26, 1996, 110 Stat. 2926; Pub. L. 106419, title III, § 303, Nov. 1, 2000, 114 Stat. 1853; Pub. L. 108454, title III, § 304(a),(c), Dec. 10, 2004, 118 Stat. 3611.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this paragraph, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 108454, which was approved Dec. 10, 2004.
Amendments2004—Subsec. (b). Pub. L. 108454, § 304(c), designated existing provision as par. (1), inserted “(except as otherwise provided in paragraph (2))” after “service-connected, then”, and added par. (2). Subsec. (c). Pub. L. 108454, § 304(a), added subsec. (c). 2000—Subsec. (a)(2). Pub. L. 106419 inserted “(A)” after “proximately caused” and added cl. (B). 1996—Subsec. (a). Pub. L. 104204, § 422(a)(1), added subsec. (a) and struck out former first sentence of section which read as follows: “Where any veteran shall have suffered an injury, or an aggravation of an injury, as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation under chapter 31 of this title, awarded under any of the laws administered by the Secretary, or as a result of having submitted to an examination under any such law, and not the result of such veterans own willful misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, disability or death compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded in the same manner as if such disability, aggravation, or death were service-connected.” Subsec. (b). Pub. L. 104204, § 422(a)(2), designated second sentence of section as subsec. (b), struck out “, aggravation,” after “disability” in two places, and substituted “this subsection equals the total amount” for “this sentence equals the total amount”. 1991—Pub. L. 10283, § 5(a), renumbered section 351 of this title as this section. Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. 1984—Pub. L. 98223 substituted “title 28” for “title 28, United States Code,” in two places. 1976—Pub. L. 94433 struck out “him” before “under any of the laws” and substituted “such veterans” for “his” in first sentence. 1969—Pub. L. 9124 substituted “, on or after December 1, 1962,” for “hereafter” wherever appearing. 1962—Pub. L. 87825 provided that where an individual is awarded a judgment under section 1346(b) of title 28, enters a settlement or compromise under section 2672 or 2677 of such title by reason of a disability, aggravation, or death treated pursuant to this section as if service-connected, then no benefits shall be paid such individual for any month beginning after such judgment, settlement or compromise becomes final until the aggregate amount of benefits equals the total amount included in such judgment, settlement, or compromise, and struck out provisions which required that no benefits were to be awarded unless application was made therefor within two years after an injury or aggravation was suffered, or a death occurred.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentPub. L. 108454, title III, § 304(b), Dec. 10, 2004, 118 Stat. 3611, provided that: “Subsection (c) of section 1151 of title 38, United States Code, as added by subsection (a), shall apply with respect to eligibility for benefits and services provided by the Secretary of Veterans Affairs on or after the date of the enactment of this Act [Dec. 10, 2004].”
Effective Date of 1996 AmendmentPub. L. 104204, title IV, § 422(b), (c), Sept. 26, 1996, 110 Stat. 2927, provided that: “(b)(1) The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1996. “(2) Section 1151 of title 38, United States Code (as amended by subsection (a)), shall govern all administrative and judicial determinations of eligibility for benefits under such section that are made with respect to claims filed on or after the effective date set forth in paragraph (1) [Oct. 1, 1996], including those based on original applications and applications seeking to reopen, revise, reconsider, or otherwise readjudicate on any basis claims for benefits under such section 1151 or any provision of law that is a predecessor of such section. “(c) Nothwithstanding [sic] subsection (b)(1), section 421(d) [set out as a note under section 1801 of this title], or any other provision of this Act [see Tables for classification], section 421 [enacting sections 1801 to 1806 of this title, amending section 5312 of this title, and enacting provisions set out as notes under section 1801 of this title] and this section [amending this section] shall not take effect until October 1, 1997, unless legislation other than this Act is enacted to provide for an earlier effective date.”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1962 AmendmentAmendment by Pub. L. 87825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87825, set out as a note under section 110 of this title.
@@ -0,0 +1,41 @@
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# 38 U.S.C. § 1152 - Persons heretofore having a compensable status
## Text
The death and disability benefits of this chapter shall, notwithstanding the service requirements thereof, be granted to persons heretofore recognized by law as having a compensable status, including persons whose claims are based on war or peacetime service rendered before April 21, 1898.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, § 352; renumbered § 1152, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 352 of this title as this section.
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# 38 U.S.C. § 1153 - Aggravation
## Text
A preexisting injury or disease will be considered to have been aggravated by active military, naval, air, or space service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1124, § 353; renumbered § 1153, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116283, div. A, title IX, § 926(a)(15), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1991—Pub. L. 10283 renumbered section 353 of this title as this section.
File diff suppressed because one or more lines are too long
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# 38 U.S.C. § 1155 - Authority for schedule for rating disabilities
## Text
The Secretary shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The schedule shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent. The Secretary shall from time to time readjust this schedule of ratings in accordance with experience. However, in no event shall such a readjustment in the rating schedule cause a veterans disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veterans disability is shown to have occurred.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1125, § 355; Pub. L. 98223, title I, § 101(c), Mar. 2, 1984, 98 Stat. 38; renumbered § 1155 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 10286, title I, § 103(a), Aug. 14, 1991, 105 Stat. 414.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10286 amended this section as in effect before the redesignations made by Pub. L. 10283, § 5, by inserting at end “However, in no event shall such a readjustment in the rating schedule cause a veterans disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veterans disability is shown to have occurred.” Pub. L. 10283, § 5(a), renumbered section 355 of this title as this section. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. 1984—Pub. L. 98223 substituted “percent” for “per centum” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1991 AmendmentPub. L. 10286, title I, § 103(b), Aug. 14, 1991, 105 Stat. 415, provided that: “The amendment made by subsection (a) [amending this section] shall apply with regard to changes in rating schedules that take effect after the date of the enactment of this Act [Aug. 14, 1991].”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98223 effective Apr. 1, 1984, see section 107 of Pub. L. 98223, set out as a note under section 1114 of this title.
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# 38 U.S.C. § 1156 - Temporary disability ratings
## Text
(a) Assignment of Temporary Ratings.— (1) For the purpose of providing disability compensation under this chapter to veterans, the Secretary shall assign a temporary disability rating to a veteran as follows:
(A) To a veteran who—
(i) was discharged or released from active duty not more than 365 days before the date such veteran submits a claim for disability compensation under this chapter;
(ii) has one or more disabilities for which a rating of total is not immediately assignable—
(I) under the regular provisions of the schedule of ratings; or
(II) on the basis of individual unemployability; and
(iii) has one or more—
(I) severe disabilities that result in substantially gainful employment not being feasible or advisable; or
(II) healed, unhealed, or incompletely healed wounds or injuries that make material impairment of employability likely.
(B) To a veteran who, as a result of a highly stressful in-service event, has a mental disorder that is severe enough to bring about the veterans discharge or release from active duty.
(C) To a veteran who has a service-connected disability that requires hospital treatment or observation in a Department of Veterans Affairs or approved hospital for a period in excess of 21 days.
(D) To a veteran who has a service-connected disability that has required convalescent care or treatment at hospital discharge (regular discharge or release to non-bed care) or outpatient release that meets the requirements of regulations prescribed by the Secretary.
(2) With respect to a veteran described in paragraph (1)(A), the Secretary may assign a temporary disability rating to such veteran regardless of whether such veteran has obtained a medical examination or a medical opinion concerning such veterans disability.
(3) With respect to a veteran described in paragraph (1)(B), the Secretary shall schedule a medical examination for such veteran not later than six months after the separation or discharge of such veteran from active duty.
(b) Termination of Temporary Disability Ratings.— (1) Except as provided in paragraph (2), a temporary disability rating assigned to a veteran under this section shall remain in effect as follows:
(A) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(A), until the later of the date that is—
(i) 12 months after the date of discharge or release from active duty; or
(ii) provided in regulations prescribed by the Secretary.
(B) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(B), until the date on which a rating decision is issued to such veteran following the medical examination scheduled under subsection (a)(3).
(C) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(C), until the later of the date that is—
(i) the last day of the month in which the veteran is discharged from the hospital as described in such subsection (a)(1)(C); or
(ii) provided in regulations prescribed by the Secretary.
(D) For a veteran who is assigned a temporary disability rating under subsection (a)(1)(D), until the date that is provided in regulations prescribed by the Secretary.
(2) The Secretary may extend a temporary disability rating assigned to a veteran under subsection (a) beyond the applicable termination date under paragraph (1) if the Secretary determines that such an extension is appropriate.
(c) Regulations.— The Secretary shall prescribe regulations to carry out the provisions of this section.
(d) Construction.— Nothing in this section shall be construed to preclude the Secretary from providing a temporary disability rating under an authority other than this section.
(Added Pub. L. 110389, title II, § 211(a), Oct. 10, 2008, 122 Stat. 4149.)
## Notes
Editorial Notes
Codification Prior to renumbering of sections 301 to 363 of this chapter as sections 1101 to 1163 by Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 356 of this chapter, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1125, which provided for a minimum rating for veterans with arrested tuberculosis, was repealed by Pub. L. 90493, § 4, Aug. 19, 1968, 82 Stat. 809, but repeal not applicable in case of veteran who on Aug. 19, 1968, was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 110389, title II, § 211(b), Oct. 10, 2008, 122 Stat. 4151, provided that: “Section 1156(a)(1) of title 38, United States Code, as added by subsection (a), shall apply with respect to a veteran who is discharged or released from active duty (as defined in section 101 of title 38, United States Code) on or after the date of the enactment of this Act [Oct. 10, 2008].”
Department of Veterans Affairs Automatic Processing of Certain Claims for Temporary Disability RatingsPub. L. 118210, title III, § 307, Jan. 2, 2025, 138 Stat. 2794, provided that: “(a) In General.—Not later than one year after the date of the enactment of this Act [Jan. 2, 2025], the Secretary of Veterans Affairs shall modify the information technology systems of the Department of Veterans Affairs to use automation technology for claims for temporary disability ratings for veterans described in section 1156(a)(1)(C) of title 38, United States Code. “(b) Additional Requirements.—In carrying out subsection (a), the Secretary shall ensure that—“(1) medical evidence is obtained from the corporate data warehouse of the Department or other sources of data, the Secretary determines appropriate; “(2) employees of the Department continue to determine whether a veteran is entitled to a temporary disability rating under section 1156(a)(1)(C) of title 38, United States Code; and “(3) claims may be processed manually if the evidence of record is not sufficient to decide the claim or if the medical evidence is provided in a format that is not compatible with the system developed under subsection (a).”
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# 38 U.S.C. § 1157 - Combination of certain ratings
## Text
The Secretary shall provide for the combination of ratings and pay compensation at the rates prescribed in subchapter II of this chapter to those veterans who served during a period of war and during any other time, who have suffered disability in line of duty in each period of service.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1125, § 357; renumbered § 1157 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 357 of this title as this section. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
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# 38 U.S.C. § 1158 - Disappearance
## Text
Where a veteran receiving compensation under this chapter disappears, the Secretary may pay the compensation otherwise payable to the veteran to such veterans spouse, children, and parents. Payments made to such spouse, child, or parent under the preceding sentence shall not exceed the amounts payable to each if the veteran had died from service-connected disability.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1125, § 358; Pub. L. 86212, Sept. 1, 1959, 73 Stat. 436; Pub. L. 94433, title IV, § 404(21), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1158 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 358 of this title as this section. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1976—Pub. L. 94433 struck out “, in his discretion,” after “Administrator” and substituted “such veterans spouse” for “his wife” and “such spouse” for “a wife”. 1959—Pub. L. 86212 substituted “a veteran” for “an incompetent veteran”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
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# 38 U.S.C. § 1159 - Protection of service connection
## Text
Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed on or after January 1, 1962, except upon a showing that the original grant of service connection was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
(Added Pub. L. 86501, § 1, June 10, 1960, 74 Stat. 195, § 359; amended Pub. L. 87825, § 6, Oct. 15, 1962, 76 Stat. 950; renumbered § 1159 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 359 of this title as this section. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1962—Pub. L. 87825 provided for computation of the period from the date the administrator determines as the date the status commenced for rating purposes.
Statutory Notes and Related Subsidiaries
Effective Date of 1962 AmendmentAmendment by Pub. L. 87825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87825, set out as a note under section 110 of this title.
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description: "Special consideration for certain cases of loss of paired organs or extremities"
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title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "11"
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
section: "1160"
citation: "38 U.S.C. § 1160"
status: "current"
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---
# 38 U.S.C. § 1160 - Special consideration for certain cases of loss of paired organs or extremities
## Text
(a) Where a veteran has suffered—
(1) impairment of vision in one eye as a result of service-connected disability and impairment of vision in the other eye as a result of non-service-connected disability not the result of the veterans own willful misconduct and—
(A) the impairment of vision in each eye is rated at a visual acuity of 20/200 or less; or
(B) the peripheral field of vision for each eye is 20 degrees or less;
(2) the loss or loss of use of one kidney as a result of service-connected disability and involvement of the other kidney as a result of non-service-connected disability not the result of the veterans own willful misconduct;
(3) deafness compensable to a degree of 10 percent or more in one ear as a result of service-connected disability and deafness in the other ear as the result of non-service-connected disability not the result of the veterans own willful misconduct;
(4) the loss or loss of use of one hand or one foot as a result of service-connected disability and the loss or loss of use of the other hand or foot as a result of non-service-connected disability not the result of the veterans own willful misconduct; or
(5) permanent service-connected disability of one lung, rated 50 percent or more disabling, in combination with a non-service-connected disability of the other lung that is not the result of the veterans own willful misconduct,
the Secretary shall assign and pay to the veteran the applicable rate of compensation under this chapter as if the combination of disabilities were the result of service-connected disability.
(b) If a veteran described in subsection (a) of this section receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the non-service-connected disability described in such subsection, the increase in the rate of compensation otherwise payable under this section shall not be paid for any month following a month in which any such money or property is received until such time as the total of the amount of such increase that would otherwise have been payable equals the total of the amount of any such money received and the fair market value of any such property received.
(Added Pub. L. 87610, § 1, Aug. 28, 1962, 76 Stat. 406, § 360; amended Pub. L. 89311, § 3(a), (b), Oct. 31, 1965, 79 Stat. 1155; Pub. L. 94433, title IV, § 404(22), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98160, title VII, § 702(3), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 99576, title I, § 109(a)(1), Oct. 28, 1986, 100 Stat. 3253; renumbered § 1160 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 107330, title I, § 103, Dec. 6, 2002, 116 Stat. 2821; Pub. L. 110157, title I, § 102, Dec. 26, 2007, 121 Stat. 1831.)
## Notes
Editorial Notes
Amendments2007—Subsec. (a)(1). Pub. L. 110157 substituted “impairment of vision” for “blindness” in two places and “misconduct and—” for “misconduct;” and added subpars. (A) and (B). 2002—Subsec. (a)(3). Pub. L. 107330 substituted “deafness compensable to a degree of 10 percent or more in one ear” for “total deafness in one ear” and “deafness in the other ear” for “total deafness in the other ear”. 1991—Pub. L. 10283, § 5(a), renumbered section 360 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in concluding provisions. 1986—Pub. L. 99576 amended section generally, substituting “loss of paired organs or extremities” for “blindness or bilateral kidney involvement or bilateral deafness” in section catchline. Prior to amendment, text of section read as follows: “Where any veteran (1) has suffered blindness in one eye as a result of service-connected disability and has suffered blindness in the other eye as a result of non-service-connected disability not the result of such veterans own willful misconduct, or (2) has suffered the loss or loss of use of one kidney as a result of service-connected disability, and has suffered severe involvement of the other kidney such as to cause total disability, as a result of non-service-connected disability not the result of such veterans own willful misconduct, or (3) has suffered total deafness in one ear as a result of service-connected disability and has suffered total deafness in the other ear as the result of non-service-connected disability not the result of such veterans own willful misconduct, the Administrator shall assign and pay to the veteran concerned the applicable rate of compensation under this chapter as if such veterans blindness in both eyes or such bilateral kidney involvement were the result of service-connected disability.” 1983—Pub. L. 98160 substituted “(1) has suffered” for “has suffered (1)”. 1976—Pub. L. 94433 substituted “such veterans” for “his” wherever appearing. 1965—Pub. L. 89311 added cl. (3) referring to total deafness in one ear as a result of service-connected disability and total deafness in the other ear as the result of non-service-connected disability not the result of his own willful misconduct, inserted reference to total deafness in both ears and, in section catchline, inserted reference to bilateral deafness.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentPub. L. 99576, title I, § 109(c), Oct. 28, 1986, 100 Stat. 3253, provided that: “(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and section 314 [now 1114] of this title] shall take effect on the date of the enactment of this Act [Oct. 28, 1986]. “(2) In the case of an award of compensation for a disability described in clause (1), (2), (3), or (5) of subsection (a) of section 360 [now 1160] of title 38, United States Code, as amended by subsection (a) of this section, subsection (b) of such section shall apply only to awards of compensation made on or after the date of the enactment of this Act [Oct. 28, 1986].”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1965 AmendmentAmendment by Pub. L. 89311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89311, set out as a note under section 1114 of this title.
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title: "38 U.S.C. § 1161"
description: "Payment of disability compensation in disability severance cases"
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---
# 38 U.S.C. § 1161 - Payment of disability compensation in disability severance cases
## Text
The deduction of disability severance pay from disability compensation, to the extent required by section 1212(d) of title 10, shall be made at a monthly rate not in excess of the rate of compensation to which the former member would be entitled based on the degree of such former members disability as determined on the initial Department rating.
(Added Pub. L. 91241, May 7, 1970, 84 Stat. 203, § 361; amended Pub. L. 94433, title IV, § 404(23), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98160, title VII, § 702(4), Nov. 21, 1983, 97 Stat. 1009; renumbered § 1161 and amended Pub. L. 10283, §§ 4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 110181, div. A, title XVI, § 1646(c), as added Pub. L. 110389, title I, § 103(a)(2), Oct. 10, 2008, 122 Stat. 4148.)
## Notes
Editorial Notes
Amendments2008—Pub. L. 110181, § 1646(c), as added by Pub. L. 110389, § 103(a)(2), substituted “to the extent required by section 1212(d) of title 10” for “as required by section 1212(c) of title 10”. 1991—Pub. L. 10283, § 5(a), renumbered section 361 of this title as this section. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. 1983—Pub. L. 98160 struck out “United States Code,” after “title 10,”. 1976—Pub. L. 94433 substituted “such former members” for “his”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentPub. L. 110389, title I, § 103(b), Oct. 10, 2008, 122 Stat. 4148, provided that: “The amendments made by subsection (a) [adding section 1646(c) to Pub. L. 110181 and provisions set out as a note under section 1212 of Title 10, Armed Forces] shall take effect on January 28, 2008 (the date of the enactment of the Wounded Warrior Act [title XVI of Pub. L. 110181]), as if included in that Act, to which they relate.” Amendment by section 1646(c) of Pub. L. 110181 effective Jan. 28, 2008, and applicable with respect to members of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date, see section 1646(d) of Pub. L. 110181, set out as a note under section 1212 of Title 10, Armed Forces.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
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title_name: "VETERANS BENEFITS"
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---
# 38 U.S.C. § 1162 - Clothing allowance
## Text
(a) Eligibility Requirements.— The Secretary, under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $716 11 See Special Benefit Allowance Rates note below. per year to each veteran who—
(1) because of a service-connected disability, wears or uses a prosthetic or orthopedic appliance (including a wheelchair) which the Secretary determines tends to wear out or tear the clothing of the veteran; or
(2) uses medication which—
(A) a physician has prescribed for a skin condition which is due to a service-connected disability; and
(B) the Secretary determines causes irreparable damage to the veterans outergarments.
(b) Continuous Nature of Payments.— Payments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following:
(1) The date on which the veteran elects to no longer receive such payments.
(2) The date on which the Secretary determines the veteran is no longer eligible pursuant to subsection (c).
(c) Reviews of Claims.— (1) The Secretary shall, in accordance with this subsection, conduct reviews of a claim on which a clothing allowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance.
(2) The Secretary shall prescribe standards for determining whether a claim for a clothing allowance is based on a veterans wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication whose wear or tear or irreparable damage on a veterans outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use.
(3) (A) If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irreparable damage that is as likely as not subject to no change, the veteran shall continue to be deemed eligible for receipt of a clothing allowance under this section until the Secretary—
(i) receives notice under subparagraph (B); or
(ii) finds otherwise under subparagraph (C) or (D).
(B) The Secretary shall require a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, to notify the Secretary when the veteran terminates the wearing or use of such a prosthetic, orthopedic appliance, or medication.
(C) For each veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, the Secretary shall periodically review the veterans Department records for evidence that the veteran has terminated the wearing or use of such a prosthetic, orthopedic appliance, or medication.
(D) If a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, has received such clothing allowance beyond the prescribed or intended lifespan of such prosthetic, orthopedic appliance, or medication, the Secretary may periodically request the veteran to attest to continued usage.
(4) If the Secretary determines that a claim for a clothing allowance under subsection (a) does not meet the requirements of paragraph (3)(A), then the Secretary may require the veteran to recertify the veterans continued eligibility for a clothing allowance under this section periodically, but not more frequently than once each year.
(5) When reviewing a claim under this subsection, the Secretary shall evaluate the evidence presented by the veteran and such other relevant evidence as the Secretary determines appropriate.
(d) Determination Regarding Continued Eligibility.— If the Secretary determines, as the result of a review of a claim conducted under subsection (c), that the veteran who submitted such claim no longer meets the requirements specified in subsection (a), the Secretary shall—
(1) provide to the veteran notice of such determination that includes a description of applicable actions that may be taken following the determination, including the actions specified in section 5104C of this title; and
(2) discontinue the clothing allowance based on such claim.
(Added Pub. L. 92328, title I, § 103(a), June 30, 1972, 86 Stat. 394, § 362; amended Pub. L. 9471, title I, § 103, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94433, title III, § 301, title IV, § 404(24), Sept. 30, 1976, 90 Stat. 1377, 1379; Pub. L. 95117, title III, § 301, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 95479, title I, § 103, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96128, title I, § 103, Nov. 28, 1979, 93 Stat. 984; Pub. L. 96385, title I, § 103, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 9766, title I, § 103, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97253, title IV, § 405(d), Sept. 8, 1982, 96 Stat. 804; Pub. L. 97306, title I, §§ 103, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98223, title I, § 103, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98543, title I, § 103, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99238, title I, § 103, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99576, title I, § 103, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100227, title I, § 103, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100687, div. B, title XI, § 1103, Nov. 18, 1988, 102 Stat. 4124; Pub. L. 101237, title I, §§ 103, 112, Dec. 18, 1989, 103 Stat. 2063, 2065; Pub. L. 1023, § 4, Feb. 6, 1991, 105 Stat. 8; renumbered § 1162, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102152, § 4, Nov. 12, 1991, 105 Stat. 986; Pub. L. 10378, § 3, Aug. 13, 1993, 107 Stat. 768; Pub. L. 103140, § 4, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 10598, § 4, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106118, § 4, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 10794, § 4, Dec. 21, 2001, 115 Stat. 901; Pub. L. 107330, title III, § 309(c), Dec. 6, 2002, 116 Stat. 2830; Pub. L. 108454, title III, § 307(c), Dec. 10, 2004, 118 Stat. 3613; Pub. L. 109111, § 2(c), Nov. 22, 2005, 119 Stat. 2363; Pub. L. 109444, § 9(c), Dec. 21, 2006, 120 Stat. 3315; Pub. L. 109461, title X, §§ 1005(c), 1006(b), Dec. 22, 2006, 120 Stat. 3467, 3468; Pub. L. 110324, § 3(c), Sept. 24, 2008, 122 Stat. 3551; Pub. L. 11137, § 3(c), June 30, 2009, 123 Stat. 1929; Pub. L. 117328, div. U, title II, § 201(b), Dec. 29, 2022, 136 Stat. 5446.)
## Notes
Disability Compensation and Dependency and Indemnity Compensation Rate IncreasesFor increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title.
Editorial Notes
Amendments2022—Pub. L. 117328 designated existing provisions as subsec. (a) and inserted heading, inserted comma after “The Secretary” in introductory provisions, and added subsecs. (b) to (d). Subsec. (a)(2). Pub. L. 117328, § 201(b)(2), substituted “which— “(A) a physician has prescribed for a skin condition which is due to a service-connected disability; and “(B) the Secretary determines causes irreparable damage to the veterans outergarments.” for “which (A) a physician has prescribed for a skin condition which is due to a service-connected disability, and (B) the Secretary determines causes irreparable damage to the veterans outergarments.” 2009—Pub. L. 11137 substituted “$716” for “$677” in introductory provisions. 2008—Pub. L. 110324 substituted “$677” for “$662” in introductory provisions. 2006—Pub. L. 109461, § 1006(b), provided that as of the enactment of Pub. L. 109461, the amendments made by Pub. L. 109444 were deemed for all purposes not to have taken effect and that Pub. L. 109444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109461, set out as a Coordination of Provisions With Pub. L. 109444 note under section 101 of this title. Pub. L. 109461, § 1005(c), substituted “$662” for “$641”. Pub. L. 109444, which substituted “$662” for “$641”, was terminated by Pub. L. 109461, § 1006(b). See Amendment notes above. 2005—Pub. L. 109111 substituted “$641” for “$600”. 2004—Pub. L. 108454 substituted “$600” for “$588”. 2002—Pub. L. 107330 substituted “$588” for “$580”. 2001—Pub. L. 10794 substituted “$580” for “$546”. 1999—Pub. L. 106118 substituted “$546” for “$528”. 1997—Pub. L. 10598 substituted “$528” for “$478”. 1993—Pub. L. 103140 substituted “$478” for “$466”. Pub. L. 10378 substituted “$466” for “$452”. 1991—Pub. L. 102152 substituted “$452” for “$436”. Pub. L. 10283 renumbered section 362 of this title as this section. Pub. L. 1023 substituted “$436” for “$414”. 1989—Pub. L. 101237, § 112, substituted “Secretary under” for “Administrator under” and “Secretary shall” for “Administrator shall”, and substituted “who—” and pars. (1) and (2) for “who because of disability which is compensable under the provisions of this chapter, wears or uses prosthetic or orthopedic appliance or appliances (including a wheelchair) which the Administrator determines tends to wear out or tear the clothing of such a veteran.” Pub. L. 101237, § 103, substituted “$414” for “$395”. 1988—Pub. L. 100687 substituted “$395” for “$380”. 1987—Pub. L. 100227 substituted “$380” for “$365”. 1986—Pub. L. 99576 substituted “$365” for “$360”. Pub. L. 99238 substituted “$360” for “$349”. 1984—Pub. L. 98543 substituted “$349” for “$338”. Pub. L. 98223 substituted “$338” for “$327”. 1982—Pub. L. 97306, §§ 103, 107, 108, substituted “$327” for “$305” and repealed amendment made by Pub. L. 97253, § 405(d), eff. Oct. 1, 1982. Pub. L. 97253, § 405(d), (h), eff. Jan. 1, 1983, substituted “$304” for “$305” after “clothing allowance of”. 1981—Pub. L. 9766 substituted “$305” for “$274”. 1980—Pub. L. 96385 substituted “$274” for “$240”. 1979—Pub. L. 96128 substituted “$240” for “$218”. 1978—Pub. L. 95479 substituted “$218” for “$203”. 1977—Pub. L. 95117 substituted “$203” for “$190”. 1976—Pub. L. 94433, §§ 301, 404(24), substituted “$190” for “$175” and “the Administrator shall prescribe” for “he shall prescribe”. 1975—Pub. L. 9471 substituted “$175” for “$150”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentPub. L. 117328, div. U, title II, § 201(c), Dec. 29, 2022, 136 Stat. 5447, provided that: “The amendments made by subsection (b) [amending this section] shall apply with respect to— “(1) claims for clothing allowance submitted on or after the date of the enactment of this Act [Dec. 29, 2022]; and “(2) claims for clothing allowance submitted prior to the date of the enactment of this Act, if the veteran who submitted such claim is in receipt of the clothing allowance as of the date of the enactment of this Act.”
Effective Date of 2009 AmendmentAmendment by Pub. L. 11137 effective Dec. 1, 2008, see section 3(g) of Pub. L. 11137, set out as a note under section 1114 of this title.
Effective Date of 2008 AmendmentAmendment by Pub. L. 110324 effective Dec. 1, 2007, see section 3(f) of Pub. L. 110324, set out as a note under section 1114 of this title.
Effective Date of 2005 AmendmentAmendment by Pub. L. 109111 effective Dec. 1, 2005, see section 2(f) of Pub. L. 109111, set out as a note under section 1114 of this title.
Effective Date of 2001 AmendmentAmendment by Pub. L. 10794 effective Dec. 1, 2001, see section 7 of Pub. L. 10794, set out as a note under section 1114 of this title.
Effective Date of 1999 AmendmentAmendment by Pub. L. 106118 effective Dec. 1, 1999, see section 7 of Pub. L. 106118, set out as a note under section 1114 of this title.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10598 effective Dec. 1, 1997, see section 7 of Pub. L. 10598, set out as a note under section 1114 of this title.
Effective Date of 1993 AmendmentAmendment by Pub. L. 103140 effective Dec. 1, 1993, see section 7 of Pub. L. 103140, set out as a note under section 1114 of this title.
Effective Date of 1991 AmendmentsAmendment by Pub. L. 102152 effective Dec. 1, 1991, see section 7 of Pub. L. 102152, set out as a note under section 1114 of this title. Amendment by Pub. L. 1023 effective Jan. 1, 1991, see section 7 of Pub. L. 1023, set out as a note under section 1114 of this title.
Effective Date of 1989 AmendmentAmendment by section 103 of Pub. L. 101237 effective Dec. 1, 1989, see section 106 of Pub. L. 101237, set out as a note under section 1114 of this title.
Effective Date of 1988 AmendmentAmendment by Pub. L. 100687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100687, set out as a note under section 1114 of this title.
Effective Date of 1987 AmendmentAmendment by Pub. L. 100227 effective Dec. 1, 1987, see section 107 of Pub. L. 100227, set out as a note under section 1114 of this title.
Effective Date of 1986 AmendmentsAmendment by Pub. L. 99576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99576, set out as a note under section 1114 of this title. Amendment by Pub. L. 99238 effective Dec. 1, 1985, see section 107 of Pub. L. 99238, set out as a note under section 1114 of this title.
Effective Date of 1984 AmendmentsAmendment by Pub. L. 98543 effective Dec. 1, 1984, see section 107 of Pub. L. 98543, set out as a note under section 1114 of this title. Amendment by Pub. L. 98223 effective Apr. 1, 1984, see section 107 of Pub. L. 98223, set out as a note under section 1114 of this title.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97306 effective Oct. 1, 1982, see section 108 of Pub. L. 97306, set out as a note under section 1114 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9766 effective Oct. 1, 1981, see section 701(a) of Pub. L. 9766, set out as a note under section 1114 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96385, set out as a note under section 1114 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 96128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96128, set out as a note under section 1114 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95479, set out as a note under section 1114 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 95117 effective Oct. 1, 1977, see section 501 of Pub. L. 95117, set out as a note under section 1114 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1975 AmendmentAmendment by Pub. L. 9471 effective Aug. 1, 1975, see section 301 of Pub. L. 9471, set out as a note under section 1114 of this title.
Effective DateSection effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92328, set out as an Effective Date of 1972 Amendment note under section 1114 of this title.
RepealSection 405(d) of Pub. L. 97253, cited as a credit to this section, was repealed by Pub. L. 97306, §§ 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.
Special Benefit Allowance RatesFor current VA special benefit allowance rates, see https://www.va.gov/disability/compensation-rates/special-benefit-allowance-rates/
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# 38 U.S.C. § 1163 - Trial work periods and vocational rehabilitation for certain veterans with total disability ratings
## Text
(a) (1) The disability rating of a qualified veteran who begins to engage in a substantially gainful occupation after January 31, 1985, may not be reduced on the basis of the veteran having secured and followed a substantially gainful occupation unless the veteran maintains such an occupation for a period of 12 consecutive months.
(2) For purposes of this section, the term “qualified veteran” means a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who has been awarded a rating of total disability by reason of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities.
(b) The Secretary shall make counseling services described in section 3104(a)(2) of this title and placement and postplacement services described in section 3104(a)(5) of this title available to each qualified veteran (whether or not the veteran is participating in a vocational rehabilitation program under chapter 31 of this title).
(c) (1) In the case of each award after January 31, 1985, of a rating of total disability described in subsection (a)(2) of this section to a veteran, the Secretary shall provide to the veteran, at the time that notice of the award is provided to the veteran, a statement providing—
(A) notice of the provisions of this section;
(B) information explaining the purposes and availability of and eligibility for, and the procedures for pursuing, a vocational rehabilitation program under chapter 31 of this title; and
(C) a summary description of the scope of services and assistance available under that chapter.
(2) After providing the notice required under paragraph (1) of this subsection, the Secretary shall offer the veteran the opportunity for an evaluation under section 3106(a) of this title.
(Added Pub. L. 98543, title I, § 111(a)(1), Oct. 24, 1984, 98 Stat. 2738, § 363; amended Pub. L. 100687, div. B, title XIII, § 1301, Nov. 18, 1988, 102 Stat. 4127; renumbered § 1163 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 102291, § 2(a), May 20, 1992, 106 Stat. 178; Pub. L. 102568, title IV, § 401(a)(d)(1), Oct. 29, 1992, 106 Stat. 4336.)
## Notes
Editorial Notes
Amendments1992—Pub. L. 102568, § 401(d)(1), substituted “Trial work periods and vocational rehabilitation for certain veterans with total disability ratings” for “Temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings” as section catchline. Subsec. (a)(1). Pub. L. 102568, § 401(a)(1), substituted “after January 31, 1985,” for “during the program period”. Subsec. (a)(2). Pub. L. 102568, § 401(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of this section: “(A) The term qualified veteran means a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who has been awarded a rating of total disability by reason of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities. “(B) The term program period means the period beginning on February 1, 1985, and ending on December 31, 1992.” Pub. L. 102291 substituted “December 31, 1992” for “January 31, 1992” in subpar. (B). Subsec. (b). Pub. L. 102568, § 401(b), substituted “The Secretary” for “During the program period, the Secretary”. Subsec. (c)(1). Pub. L. 102568, § 401(c), substituted “after January 31, 1985, of a rating of total disability described in subsection (a)(2)” for “during the program period of a rating of total disability described in subsection (a)(2)(A)”. 1991—Pub. L. 10283, § 5(a), renumbered section 363 of this title as this section. Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “3104(a)(2)” for “1504(a)(2)” and “3104(a)(5)” for “1504(a)(5)”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “3106(a)” for “1506(a)” in par. (2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in pars. (1) and (2). 1988—Subsec. (a)(2)(B). Pub. L. 100687, § 1301(a), substituted “1992” for “1989”. Subsec. (c)(1). Pub. L. 100687, § 1301(b)(2), (3), substituted “(1) In” for “(1)(A) Except as provided in paragraph (4) of this subsection, in”, redesignated cls. (i), (ii), and (iii) as subpars. (A), (B), and (C), respectively, and struck out former subpar. (B) which required that, after providing notice, Administrator arrange promptly for evaluation to determine whether achievement of vocational goal by veteran is feasible. Subsec. (c)(2). Pub. L. 100687, § 1301(b)(1), (3)(B), added par. (2) and struck out former par. (2) which related to failure of veteran to participate in evaluation, and reduction of disability rating. Subsec. (c)(3). Pub. L. 100687, § 1301(b)(1), struck out par. (3) which related to individualized written plan of vocational rehabilitation after completion of evaluation, and failure to pursue program of vocational rehabilitation described in such plan. Subsec. (c)(4). Pub. L. 100687, § 1301(b)(1), struck out par. (4) which read as follows: “This subsection does not apply with respect to a veteran as to whom the Administrator determines that an evaluation of vocational rehabilitation potential or achievement of a vocational goal is not reasonably feasible.”
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentPub. L. 102291, § 2(d), May 20, 1992, 106 Stat. 178, provided that: “The amendments made by subsections (a) through (c) [amending this section and sections 1524 and 1525 of this title] shall take effect as of January 31, 1992.”
Ratification of Actions of Secretary of Veterans Affairs During Lapsed PeriodPub. L. 102291, § 2(e), May 20, 1992, 106 Stat. 178, provided that: “The following actions of the Secretary of Veterans Affairs during the period beginning on February 1, 1992, and ending on the date of the enactment of this Act [May 20, 1992] are hereby ratified with respect to that period: “(1) A failure to reduce the disability rating of a veteran who began to engage in a substantially gainful occupation during that period. “(2) The provision of a vocational training program (including related evaluations and other related services) to a veteran under section 1524 of title 38, United States Code, and the making of related determinations under that section. “(3) The provision of health care and services to a veteran pursuant to section 1525 of title 38, United States Code.”
Information; Temporary Program; AdministratorPub. L. 98543, title I, § 111(b), Oct. 24, 1984, 98 Stat. 2739, directed Administrator of Veterans Affairs to provide, not later than Apr. 1, 1985, to certain veterans with service-connected disabilities, a statement containing information explaining subsec. (b) of this section, information explaining purposes and availability of and eligibility for, and procedures for pursuing, a vocational rehabilitation program under chapter 31 of this title, and a summary description of scope of services and assistance available under chapter 31.
Report to Congressional Committees; Trial ProgramPub. L. 98543, title I, § 111(c), Oct. 24, 1984, 98 Stat. 2739, as amended by Pub. L. 99576, title VII, § 703(a)(2), Oct. 28, 1986, 100 Stat. 3303, directed Administrator of Veterans Affairs to submit, not later than Apr. 15, 1988, to Committees on Veterans Affairs of Senate and House of Representatives a report on results of implementation of this section during the three-year period beginning on Feb. 1, 1985.
@@ -0,0 +1,89 @@
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# 38 U.S.C. § 1164 - Presumptions of service-connection for Coronavirus Disease 2019
## Text
(a) Presumptions Generally.— (1) For purposes of laws administered by the Secretary and subject to section 1113 of this title, if symptoms of Coronavirus Disease 2019 (in this section referred to as “COVID19”) described in subsection (d) manifest within one of the manifestation periods described in paragraph (2) in an individual who served in a qualifying period of duty described in subsection (b)—
(A) infection with severe acute respiratory syndrome coronavirus 2 (in this section referred to as “SARSCoV2”) shall be presumed to have occurred during the qualifying period of duty;
(B) COVID19 shall be presumed to have been incurred during the qualifying period of duty; and
(C) if the individual becomes disabled or dies as a result of COVID19, it shall be presumed that the individual became disabled or died during the qualifying period of duty for purposes of establishing that the individual served in the active military, naval, or air service.
(2) (A) The manifestation periods described in this paragraph are the following:
(i) During a qualifying period of duty described in subsection (b), if that period of duty was more than 48 continuous hours in duration.
(ii) Within 14 days after the individuals completion of a qualifying period of duty described in subsection (b).
(iii) An additional period prescribed under subparagraph (B).
(B) (i) If the Secretary determines that a manifestation period of more than 14 days after completion of a qualifying period of service is appropriate for the presumptions under paragraph (1), the Secretary may prescribe that additional period by regulation.
(ii) A determination under clause (i) shall be made in consultation with the Director of the Centers for Disease Control and Prevention.
(b) Qualifying Period of Duty Described.— A qualifying period of duty described in this subsection is—
(1) a period of active duty performed—
(A) during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); and
(B) before the date that is three years after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020; or
(2) training duty under title 10 or full-time National Guard duty (as defined in section 101 of title 10), performed under orders issued on or after March 13, 2020—
(A) during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); and
(B) before the date that is three years after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020.
(c) Application of Presumptions for Training Duty.— When, pursuant to subsection (a), COVID19 is presumed to have been incurred during a qualifying period of duty described in subsection (b)(2)—
(1) COVID19 shall be deemed to have been incurred in the line of duty during a period of active military, naval, or air service; and
(2) where entitlement to benefits under this title is predicated on the individual who was disabled or died being a veteran, benefits for disability or death resulting from COVID19 as described in subsection (a) shall be paid or furnished as if the individual was a veteran, without regard to whether the period of duty would constitute active military, naval, or air service under section 101 of this title.
(d) Symptoms of COVID19.— For purposes of subsection (a), symptoms of COVID19 are those symptoms that competent medical evidence demonstrates are experienced by an individual affected and directly related to COVID19.
(e) Medical Examinations and Opinions.— If there is a question of whether the symptoms experienced by an individual described in paragraph (1) of subsection (a) during a manifestation period described in paragraph (2) of such subsection are attributable to COVID19 resulting from infection with SARSCoV2 during the qualifying period of duty, in determining whether a medical examination or medical opinion is necessary to make a decision on the claim within the meaning of section 5103A(d) of this title, a qualifying period of duty described in subsection (b) of this section shall be treated as if it were active military, naval, or air service for purposes of section 5103A(d)(2)(B) of this title.
(Added Pub. L. 116315, title IV, § 4101(a), Jan. 5, 2021, 134 Stat. 5006.)
## Notes
Editorial Notes
References in TextThe National Emergencies Act, referred to in subsec. (b)(1)(A), (2)(A), is Pub. L. 94412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables. The date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, referred to in subsec. (b)(1)(B), (2)(B), is the date of enactment of Pub. L. 116315, which was approved Jan. 5, 2021.
Codification Another section 1164 was renumbered section 1166 of this title.
Statutory Notes and Related Subsidiaries
Medical Opinions for Certain Veterans With Service-Connected Disabilities Who Die of COVID19Pub. L. 117328, div. U, title II, § 202(a), (b), Dec. 29, 2022, 136 Stat. 5447, provided that: “(a) In General.—The Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met:“(1) A claim for compensation is filed under chapter 13 of title 38, United States Code, with respect to a veteran with one or more service-connected disabilities who dies. “(2) The death certificate for the veteran identifies Coronavirus Disease 2019 (COVID19) as the principal or contributory cause of death. “(3) The death certificate does not clearly identify any of the service-connected disabilities of the veteran as the principal or contributory cause of death. “(4) A service-connected disability of the veteran includes a condition more likely to cause severe illness from COVID19 as determined by the Centers for Disease Control and Prevention. “(5) The claimant is not entitled to benefits under section 1318 of such title. “(6) The evidence to support the claim does not result in a preliminary finding in favor of the claimant. “(b) Outreach.—The Secretary shall provide information to veterans, dependents, and veterans service organizations about applying to dependency and indemnity compensation when a veteran dies from COVID19. The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms.”
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# 38 U.S.C. § 1165 - Choice of sex of medical examiner for certain disabilities
## Text
(a) In General.— The Secretary shall ensure that a veteran who requires a medical examination from a covered medical provider in support of a claim for compensation under this chapter for a mental or physical health condition that resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment may designate the sex of the medical provider who provides such medical examination.
(b) Covered Medical Providers.— For purposes of this section, a covered medical provider is any medical provider who is employed by the Department or is under any contract with the Department to provide a medical examination or a medical opinion when such an examination or opinion is necessary to make a decision on a claim.
(c) Notice.— Before providing any medical examination for a veteran in support for a claim described in subsection (a), the Secretary shall notify the veteran of the veterans rights under subsection (a).
(Added Pub. L. 116315, title V, § 5502(a), Jan. 5, 2021, 134 Stat. 5050.)
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# 38 U.S.C. § 1166 - Claims involving military sexual trauma
## Text
(a) Processing.— (1) The Secretary shall establish specialized teams to process claims for compensation for a covered mental health condition based on military sexual trauma experienced by a veteran during active military, naval, air, or space service.
(2) A peer support specialist of the Department—
(A) shall not be responsible for providing any assistance to a veteran regarding a claim described in paragraph (1), other than counseling services, guidance, and support, pursuant to duties determined by the Under Secretary for Health; and
(B) shall not participate in the adjudication of such a claim.
(b) Referrals to MST Coordinators.— The Secretary shall include, in forms for claims described in subsection (a), an option for a veteran to elect to be referred to a military sexual trauma coordinator of the Veterans Health Administration at the facility of the Department nearest to the residence of such veteran.
(c) Training.— (1) The Secretary shall ensure that members of teams established under subsection (a) are trained to identify markers indicating military sexual trauma.
(2) The Secretary shall ensure that peer support specialists of the Department receive annual training on how to provide peer support regarding military sexual trauma.
(3) The Secretary shall provide annual training, regarding the processing of claims described in subsection (a), to the following individuals:
(A) Military sexual trauma coordinators of the Veterans Health Administration.
(B) Peer support specialists of the Department.
(d) Definitions.— In this section:
(1) The term “covered mental health condition” means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma.
(2) The term “military sexual trauma” means, with respect to a veteran, a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment during active military, naval, air, or space service.
(Added Pub. L. 116315, title V, § 5501(a)(1), Jan. 5, 2021, 134 Stat. 5048, § 1164; renumbered § 1166 and amended Pub. L. 11716, § 7(a)(1), (b)(4)(A), June 8, 2021, 135 Stat. 284, 285; Pub. L. 117271, § 1(a), (b)(1), Dec. 27, 2022, 136 Stat. 4179, 4180.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117271, § 1(b)(1), substituted “Claims” for “Specialized teams to evaluate claims” in section catchline. Subsec. (a). Pub. L. 117271, § 1(a)(2)(B), (C), designated existing provisions as par. (1) and added par. (2). Pub. L. 117271, § 1(a)(1), (2)(A), substituted “Processing” for “In General” in heading and “air, or space service” for “or air service” in text. Subsec. (b). Pub. L. 117271, § 1(a)(4), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 117271, § 1(a)(5), designated existing provisions as par. (1) and added pars. (2) and (3). Pub. L. 117271, § 1(a)(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (c)(2). Pub. L. 117271, § 1(a)(1), substituted “air, or space service” for “or air service”. Subsec. (d). Pub. L. 117271, § 1(a)(3), redesignated subsec. (c) as (d). 2021—Pub. L. 11716, § 7(b)(4)(A), made technical correction to directory language of Pub. L. 116315, § 5501(a)(1), which enacted this section. Pub. L. 11716, § 7(a)(1), renumbered section 1164 of this title, relating to specialized teams to evaluate claims involving military sexual trauma, as this section.
Statutory Notes and Related Subsidiaries
Military Sexual Trauma Claims CoordinationPub. L. 117303, Dec. 27, 2022, 136 Stat. 4387, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the MST Claims Coordination Act. “SEC. 2. VETERANS HEALTH ADMINISTRATION AND VETERANS BENEFITS ADMINISTRATION COORDINATION FOR CERTAIN CLAIMS ARISING FROM MILITARY SEXUAL TRAUMA.“(a) Coordinated Provision of Materials.—“(1) Required materials.—During or immediately after each covered event, and together with each covered document, in a claim for compensation arising from military sexual trauma experienced by a covered individual, the Under Secretary for Benefits of the Veterans Benefits Administration, in coordination with the Under Secretary for Health of the Veterans Health Administration, shall provide, to the covered individual—“(A) outreach letters; “(B) information on the Veterans Crisis Line; “(C) information on how to make an appointment with a mental health provider; and “(D) other information on available resources relating to military sexual trauma (including information on military sexual trauma coordinators of the Veterans Health Administration, mental health providers trained in military sexual trauma issues, and peer support specialists). “(2) Format of materials.—Materials described in paragraph (1) may be provided electronically. “(b) Automatic Notification System.—In a claim for compensation arising from military sexual trauma experienced by a veteran, if the veteran is enrolled in the patient enrollment system of the Department of Veterans Affairs under section 1705 of title 38, United States Code, and consents to the notification system under this subsection, the Under Secretary for Benefits shall automatically notify the Under Secretary for Health shortly before the veteran—“(1) participates in any covered event; or “(2) receives any covered document. “(c) Implementation Deadline.—The Secretary of Veterans Affairs shall implement this Act not later than 18 months after the date of the enactment of this Act [Dec. 27, 2022]. “(d) Definitions.—In this section:“(1) The term compensation has the meaning given that term in section 101 of title 38, United States Code. “(2) The term covered document means a determination (including a rating determination) that the Secretary of Veterans Affairs provides to the claimant in connection with a claim for compensation. “(3) The term covered event includes, with respect to a claim for compensation—“(A) a medical examination under section 5103A of title 38, United States Code; “(B) a hearing before the Board of Veterans Appeals under section 7107 of such title; and “(C) any other event determined relevant by the Secretary of Veterans Affairs. “(4) The term covered individual means a former member of the Armed Forces (as that term is defined in section 1720D of title 38, United States Code) who elects to receive materials under subsection (a). “(5) The term military sexual trauma has the meaning given that term in section 1166 of title 38, United States Code. “(6) The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.”
Review of Language and Practices Used in Connection With Claims Involving Military Sexual TraumaPub. L. 117300, § 2, Dec. 27, 2022, 136 Stat. 4379, provided that: “(a) Board of Veterans Appeals.—“(1) In general.— [Amended section 7112 of this title.] “(2) Clerical amendments.—“(A) Section heading.— [Amended section 7112 of this title.] “(B) Table of sections.— [Amended analysis preceding section 7101 of this title.] “(b) Audit and Modification of Denial Letters.—“(1) Requirement.—The Secretary of Veterans Affairs shall conduct an audit of the language used in letters sent to individuals to explain the decision by the Secretary to deny covered claims. Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2022], the Secretary shall modify the letters to ensure that—“(A) the letters use trauma-informed language; and “(B) veterans are not re-traumatized through insensitive language. “(2) Consultation.—The Secretary shall carry out paragraph (1) in consultation with veterans service organizations and other stakeholders as the Secretary determines appropriate. “(c) Examinations.—The Secretary shall establish protocols for Department of Veterans Affairs medical providers and contract medical providers to ensure that the medical providers conduct examinations regarding covered claims using trauma-informed practices. “(d) Definitions.—In this section:“(1) The term compensation has the meaning given that term in section 101 of title 38, United States Code. “(2) The term contract medical provider means a medical provider who contracts with the Department of Veterans Affairs to provide a medical examination or a medical opinion when such an examination or opinion is necessary to make a decision on a claim under the laws administered by the Secretary of Veterans Affairs. “(3) The term covered claim means a claim for compensation based on military sexual trauma experienced by a veteran. “(4) The term military sexual trauma has the meaning given that term in section 1166 of title 38, United States Code. “(5) The term trauma-informed means, with respect to language or practices, using language or carrying out practices in a manner that—“(A) is based on a knowledge of the awareness of the prevalence and impact of trauma on the physical, emotional, and mental health of an individual, the behaviors of the individual, and the engagement by the individual to services; “(B) is aimed at ensuring environments and services are welcoming and engaging to the individual who receives such services and the staff who provide such services; and “(C) ensures that the language or practices do not retraumatize the individual.”
[Amended section 7112 of this title.]
[Amended section 7112 of this title.]
[Amended analysis preceding section 7101 of this title.]
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# 38 U.S.C. § 1167 - Mental health consultations
## Text
(a) In General.— Not later than 30 days after the date on which a veteran submits to the Secretary a claim for compensation under this chapter for a service-connected disability relating to a mental health diagnosis, the Secretary shall offer the veteran a mental health consultation to assess the mental health needs of, and care options for, the veteran.
(b) Availability.— The Secretary shall—
(1) offer a veteran a consultation under subsection (a) without regard to any previous denial or approval of a claim of that veteran for a service-connected disability relating to a mental health diagnosis; and
(2) ensure that a veteran offered a mental health consultation under subsection (a) may elect to receive such consultation during the one-year period beginning on the date on which the consultation is offered or during such longer period beginning on such date as the Secretary considers appropriate.
(c) Rule of Construction.— A consultation provided to a veteran under this section shall not be construed as a determination that any disability of such veteran is service-connected for the purposes of any benefit under the laws administered by the Secretary.
(Added Pub. L. 117328, div. V, title IV, § 404(a)(1), Dec. 29, 2022, 136 Stat. 5512.)
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# 38 U.S.C. § 1167 - Outreach pursuant to changes in presumptions of service connection
## Text
(a) In General.— Whenever a law, including through a regulation or Federal court decision or settlement, establishes or modifies a presumption of service connection, the Secretary shall—
(1) identify all claims for compensation under this chapter that—
(A) were submitted to the Secretary;
(B) were evaluated and denied by the Secretary before the date on which such provision of law went into effect; and
(C) might have been evaluated differently had the establishment or modification been applicable to the claim; and
(2) pursuant to subsection (b), conduct outreach to the claimants.
(b) Outreach.— (1) The Secretary shall conduct outreach to inform claimants identified under subsection (a) that they may submit a supplemental claim in light of the establishment or modification of a presumption of service connection described in subsection (a).
(2) Outreach under paragraph (1) shall include the following:
(A) The Secretary shall publish on the internet website of the Department a notice that such veterans may elect to file a supplemental claim.
(B) The Secretary shall notify, in writing or by electronic means, veterans service organizations of the ability of such veterans to file a supplemental claim.
(C) The Secretary shall contact each claimant identified under subsection (a) in the same manner that the Department last provided notice of a decision.
(Added Pub. L. 117168, title II, § 203(a), Aug. 10, 2022, 136 Stat. 1775.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 117168, title II, § 203(b), Aug. 10, 2022, 136 Stat. 1776, provided that: “Section 1167 of title 38, United States Code, as added by subsection (a), shall apply with respect to presumptions of service connection established or modified on or after the date of the enactment of this Act [Aug. 10, 2022], including pursuant to amendments made by this Act [see Short Title of 2022 Amendment note set out under section 101 of this title].”
Rule of ConstructionPub. L. 117168, title II, § 203(c), Aug. 10, 2022, 136 Stat. 1776, provided that: “Nothing in this section [enacting this section and provisions set out as a note above] shall be construed as— “(1) modifying the obligations of the Department of Veterans Affairs under Federal court decisions or settlements in effect as of the date of the enactment of this Act [Aug. 10, 2022]; or “(2) requiring a retroactively applied effective date of a supplemental claim earlier than the date a presumption of service connection is established or modified.”
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# 38 U.S.C. § 1168 - Medical nexus examinations for toxic exposure risk activities
## Text
(a) Medical Examinations and Medical Opinions.— (1) Except as provided in subsection (b), if a veteran submits to the Secretary a claim for compensation for a service-connected disability under section 1110 of this title with evidence of a disability and evidence of participation in a toxic exposure risk activity during active military, naval, air, or space service, and such evidence is not sufficient to establish a service connection for the disability, the Secretary shall—
(A) provide the veteran with a medical examination under section 5103A(d) of this title; and
(B) obtain a medical opinion (to be requested by the Secretary in connection with the medical examination under subparagraph (A)) as to whether it is at least as likely as not that there is a nexus between the disability and the toxic exposure risk activity.
(2) When providing the Secretary with a medical opinion under paragraph (1)(B) for a veteran, the health care provider shall consider—
(A) the total potential exposure through all applicable military deployments of the veteran; and
(B) the synergistic, combined effect of all toxic exposure risk activities of the veteran.
(3) The requirement under paragraph (2)(B) shall not be construed as requiring a health care provider to consider the synergistic, combined effect of each of the substances, chemicals, and airborne hazards identified in the list under section 1119(b)(2) of this title.
(b) Exception.— Subsection (a) shall not apply if the Secretary determines there is no indication of an association between the disability claimed by the veteran and the toxic exposure risk activity for which the veteran submitted evidence.
(c) Toxic Exposure Risk Activity Defined.— In this section, the term “toxic exposure risk activity” has the meaning given that term in section 1710(e)(4) of this title.
(Added Pub. L. 117168, title III, § 303, Aug. 10, 2022, 136 Stat. 1779.)
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# 38 U.S.C. § 1171 - Procedures to determine presumptions of service connection based on toxic exposure; definitions
## Text
(a) Procedures.— The Secretary shall determine whether to establish, or to remove, presumptions of service connection based on toxic exposure pursuant to this subchapter, whereby—
(1) under section 1172 of this title—
(A) the Secretary provides—
(i) public notice regarding what formal evaluations the Secretary plans to conduct; and
(ii) the public an opportunity to comment on the proposed formal evaluations;
(B) the working group established under subsection (b) of such section provides—
(i) advice to the Secretary on toxic-exposed veterans and cases in which veterans who, during active military, naval, air, or space service, may have experienced a toxic exposure or their dependents may have experienced a toxic exposure while the veterans were serving in the active military, naval, air, or space service;
(ii) recommendations to the Secretary on corrections needed in the Individual Longitudinal Exposure Record to better reflect veterans and dependents described in clause (i); and
(iii) recommendations to the Secretary regarding which cases of possible toxic exposure should be reviewed;
(2) the Secretary provides for formal evaluations of such recommendations under section 1173 of this title and takes into account reports received by the Secretary from the National Academies of Sciences, Engineering, and Medicine under section 1176 of this title; and
(3) the Secretary issues regulations under section 1174 of this title.
(b) Definitions.— In this subchapter:
(1) The term “illness” includes a disease or other condition affecting the health of an individual, including mental and physical health.
(2) The term “Individual Longitudinal Exposure Record” means the data system maintained under section 996 of title 10.
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1767; amended Pub. L. 11960, div. A, title V, § 521(b), Dec. 18, 2025, 139 Stat. 864.)
## Notes
Editorial Notes
Amendments2025—Subsec. (b)(2). Pub. L. 11960 amended par. (2) generally. Prior to amendment, par. (2) defined the term “Individual Longitudinal Exposure Record”.
Statutory Notes and Related Subsidiaries
Correction of Exposure Records by Members of the Armed Forces and VeteransPub. L. 117168, title VIII, § 803, Aug. 10, 2022, 136 Stat. 1802, provided that: “(a) In General.—The Secretary of Veterans Affairs shall coordinate with the Secretary of Defense to provide a means for veterans to update their records as necessary to reflect exposures to occupational or environmental hazards by such member or veteran in the Individual Longitudinal Exposure Record. “(b) Evidence.—“(1) Provision of evidence.—To update a record under subsection (a), a veteran shall provide such evidence as the Secretary of Veterans Affairs considers necessary. “(2) Regulations.—The Secretary of Veterans Affairs shall prescribe by regulation the evidence considered necessary under paragraph (1). “(c) Definitions.—In this section:“(1) Individual longitudinal exposure record.—The term Individual Longitudinal Exposure Record has the meaning given such term in section 1171 of title 38, United States Code, as added by section 202. “(2) Toxic exposure.—The term toxic exposure has the meaning given such term in section 101 of title 38, United States Code, as amended by section 102(b).”
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# 38 U.S.C. § 1172 - Annual notice and opportunity for public comment
## Text
(a) Notice Required.— (1) (A) Not less frequently than once each year, the Secretary shall publish in the Federal Register notice of the formal evaluations that the Secretary plans to conduct pursuant to section 1173 of this title.
(B) Each notice published under subparagraph (A) shall include, for each formal evaluation referred to in the notice, an explanation as to why the military environmental exposures and adverse health outcomes that are the subject of the formal evaluation were chosen by the Secretary for formal evaluation under section 1173 of this title.
(2) (A) With each notice published under paragraph (1), the Secretary shall seek public comment on the military environmental exposures and adverse health outcomes that are the subject of the formal evaluations referred to in the notice.
(B) The Secretary shall—
(i) consider all public comment received under subparagraph (A); and
(ii) publish in the Federal Register a response to the comments received under subparagraph (A).
(3) (A) For each notice published under paragraph (1), the Secretary shall hold an open meeting for members of the public to voice their comments in response to the notice.
(B) To help evaluate presumptions of service connection, the Secretary shall, not less frequently than quarterly, collaborate with, partner with, and give weight to the advice of veterans service organizations and such other stakeholders as the Secretary considers appropriate.
(4) Failure to include a military environmental exposure or adverse health effect in a Federal Register notice published pursuant to subsection (a) shall not preclude the Secretary from initiating a formal evaluation of such exposure or health effect.
(b) Working Group.— (1) The Secretary shall establish a working group within the Department (in this section referred to as the “Working Group”).
(2) The Working Group shall include personnel of the Veterans Health Administration and the Veterans Benefits Administration.
(3) The Secretary shall consult with, and seek the advice of, the Working Group with respect to cases in which—
(A) a veteran may have, during active military, naval, air, or space service, experienced a toxic exposure; or
(B) a dependent of a veteran may have experienced a toxic exposure during the active military, naval, air, or space service of the veteran.
(c) Assessments.— (1) The Working Group shall assess cases of the toxic exposure of veterans and their dependents that occurred during active military, naval, air, or space service, including by conducting ongoing surveillance and reviewing such exposure described in scientific literature, media reports, information from veterans, and information from Congress.
(2) The assessments under paragraph (1) shall cover suspected and known toxic exposures occurring during active military, naval, air, or space service, including by identifying and evaluating new and emerging toxic exposures that are not recognized under existing presumptions of service connection.
(3) The Working Group may conduct an assessment under paragraph (1) in response to a comment received under paragraph (2) or (3) of subsection (a).
(4) The Working Group shall, in consultation with the Secretary of Defense, on a periodic basis, assess the Individual Longitudinal Exposure Record to ensure the accuracy of data collected.
(d) Development of Recommendations.— (1) Following an assessment of a case of the toxic exposure of veterans that occurred during active military, naval, air, or space service under subsection (c), or their dependents, the Working Group may develop a recommendation for formal evaluation under section 1173 of this title to conduct a review of the health effects related to the case of exposure if the Working Group determines that the research may change the current understanding of the relationship between an exposure to an environmental hazard and adverse health outcomes in humans.
(2) Upon receipt of evidence suggesting that previous findings regarding the periods and locations of exposure covered by an existing presumption of service connection are no longer supported, the Working Group may nominate such evidence for formal evaluation under section 1173 of this title to modify the periods and locations.
(e) Reports by the Working Group.— Not less frequently than once each year, the Working Group shall submit to the Secretary, the Committee on Veterans Affairs of the Senate, and the Committee on Veterans Affairs of the House of Representatives, and make publicly available, a report on—
(1) recommendations developed under subsection (d), if any; and
(2) recommendations for such legislative or administrative action as the Working Group considers necessary for the Working Group to be more effective in carrying out the requirements of this section.
(f) Responses by Secretary.— In response to each report submitted under subsection (e), the Secretary shall, not later than 30 days after receiving the report, initiate a formal evaluation pursuant to section 1173 of this title.
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1768.)
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# 38 U.S.C. § 1173 - Formal evaluation of recommendations
## Text
(a) Formal Evaluations.— The Secretary shall establish a process to conduct a formal evaluation with respect to each recommendation made by the Working Group under section 1172 of this title.
(b) Evidence, Data, and Factors.— The Secretary shall ensure that each formal evaluation under subsection (a) covers the following:
(1) Scientific evidence, based on the review of available scientific literature, including human, toxicological, animal, and methodological studies, and other factors.
(2) Claims data, based on the review of claim rate, grant rate, and service connection prevalence, and other factors.
(3) Other factors the Secretary determines appropriate, such as—
(A) the level of disability and mortality caused by the health effects related to the case of toxic exposure being evaluated;
(B) the quantity and quality of the information available and reviewed;
(C) the feasibility of and period for generating relevant information and evidence;
(D) whether such health effects are combat- or deployment-related;
(E) the ubiquity or rarity of the health effects; and
(F) any time frame during which a health effect must become manifest.
(c) Conduct of Evaluations.— (1) The Secretary shall ensure that each formal evaluation under subsection (a)—
(A) reviews scientific evidence in a manner that—
(i) conforms to principles of scientific and data integrity;
(ii) is free from suppression or distortion of scientific or technological findings, data, information, conclusions, or technical results; and
(B) (i) evaluates the likelihood that a positive association exists between an illness and a toxic exposure while serving in the active military, naval, air, or space service; and
(ii) assesses the toxic exposures and illnesses and determines whether the evidence supports a finding of a positive association between the toxic exposure and the illness.
(2) In carrying out paragraph (1)(B)(ii), a formal evaluation under subsection (a) shall include reviewing all relevant data to determine the strength of evidence for a positive association based on the following four categories:
(A) The “sufficient” category, where the evidence is sufficient to conclude that a positive association exists.
(B) The “equipoise and above” category, where the evidence is sufficient to conclude that a positive association is at least as likely as not, but not sufficient to conclude that a positive association exists.
(C) The “below equipoise” category, where the evidence is not sufficient to conclude that a positive association is at least as likely as not, or is not sufficient to make a scientifically informed judgment.
(D) The “against” category, where the evidence suggests the lack of a positive association.
(d) Recommendation for Establishing a Presumption of Service Connection.— Not later than 120 days after the date on which a formal evaluation is commenced, the element of the Department that conducts the evaluation shall submit to the Secretary a recommendation with respect to establishing a presumption of service connection for the toxic exposure and illness, or modifying an existing presumption of service connection, covered by the evaluation.
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1769.)
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# 38 U.S.C. § 1174 - Regulations regarding presumptions of service connection based on toxic exposure
## Text
(a) Action Upon Recommendation.— Not later than 160 days after the date on which the Secretary receives a recommendation to establish or modify a presumption of service connection under section 1173 of this title—
(1) if the Secretary determines, in the discretion of the Secretary, that the presumption, or modification, is warranted, the Secretary shall—
(A) commence issuing regulations in accordance with the provisions of subchapter II of chapter 5 of title 5 (commonly referred to as the Administrative Procedures Act) setting forth the presumption or commence revising regulations to carry out such modification; and
(B) include in such regulations any time frame during which a health effect must become manifest; or
(2) if the Secretary determines, in the discretion of the Secretary, that the presumption, or modification, is not warranted, the Secretary shall publish in the Federal Register a notice of the determination, including the reasons supporting the determination.
(b) Removal of Presumption.— (1) (A) The Secretary may—
(i) issue a regulation to remove an illness from a presumption of service connection previously established pursuant to a regulation issued under subsection (a); and
(ii) issue a regulation to remove a presumption of service connection established pursuant to title IV of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 if the Secretary concludes that evidence suggests the lack of a positive association between the disease and the toxic exposure.
(B) Under subparagraph (A)(ii), the Secretary shall not consider the lack of evidence as sufficient to support a decision for removal of a presumption.
(2) Whenever an illness is removed from regulations pursuant to paragraph (1), or the periods and locations of exposure covered by a presumption of service connection are modified under subsection (a)—
(A) a veteran who was awarded compensation under chapter 11 of this title for such illness on the basis of the presumption provided under such regulations before the effective date of the removal or modification shall continue to be entitled to receive compensation on that basis;
(B) a survivor of a veteran who was awarded dependency and indemnity compensation under chapter 13 of this title for the death of a veteran resulting from such illness on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis; and
(C) no veteran or survivor covered under subparagraph (A) or (B) shall have their compensation reduced solely because of the removal of an illness pursuant to paragraph (1).
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1770.)
## Notes
Editorial Notes
References in TextTitle IV of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsec. (b)(1)(A)(ii), is title IV of Pub. L. 117168, Aug. 10, 2022, 136 Stat. 1780, which enacted section 1120 of this title, amended sections 1112, 1113, 1116, 1117, and 1710 of this title, and enacted provisions set out as notes under sections 101, 1116, and 1120 of this title. For complete classification of title IV to the Code, see Tables.
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# 38 U.S.C. § 1175 - Authority to modify process; congressional oversight
## Text
(a) In General.— The Secretary may modify the process under which the working group established under subsection (b) of section 1172 of this title conducts assessments under such section, the Secretary conducts formal evaluations under section 1173 of this title, and issues regulations under section 1174 of this title if—
(1) such evaluations cover the evidence, data, and factors required by subsection (b) of such section 1173; and
(2) a period of 180 days has elapsed following the date on which the Secretary submits the notice under subsection (b) regarding the modification.
(b) Notice.— If the Secretary proposes to modify the process under which the working group established under subsection (b) of section 1172 of this title conducts assessments under such section, the process under which the Secretary conducts formal evaluations under section 1173 of this title, or issues regulations under section 1174 of this title, the Secretary shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a notice of the proposed modifications containing the following:
(1) A description of the proposed modifications.
(2) A description of any exceptions to the requirements of such sections that are proposed because of limited available scientific evidence, and a description of how such evaluations will be conducted.
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1771.)
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# 38 U.S.C. § 1176 - Agreement with National Academies of Sciences, Engineering, and Medicine concerning toxic exposures
## Text
(a) Purpose.— The purpose of this section is to provide for the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the “Academies”), an independent nonprofit scientific organization with appropriate expertise that is not part of the Federal Government, to review and evaluate the available scientific evidence regarding associations between diseases and toxic exposures.
(b) Agreement.— (1) The Secretary shall seek to enter into a five-year agreement with the Academies to perform the services covered by this section.
(2) The Secretary shall seek to enter into an agreement described in paragraph (1) not later than 60 days after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022.
(3) An agreement under this section may be extended in five-year increments.
(c) Review of Scientific Evidence.— Under an agreement between the Secretary and the Academies under this section, the Academies shall review and summarize the scientific evidence, and assess the strength thereof, concerning the association between toxic exposures during active military, naval, air, or space service and each disease suspected to be associated with such exposure in the human population.
(d) Scientific Determinations Concerning Diseases.— For each disease reviewed under subsection (c), the Academies shall determine, to the extent that available scientific data permit meaningful determinations—
(1) whether an association exists between toxic exposures and the occurrence of the disease, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association;
(2) the increased risk of the disease among those reporting toxic exposures during active military, naval, air, or space service;
(3) whether there exists a plausible biological mechanism or other evidence of a positive association between the toxic exposure and the occurrence of the disease; and
(4) determine the strength of evidence for a positive association based on categories furnished under section 1173 of this title.
(e) Cooperation of Federal Agencies.— The head of each relevant Federal agency, including the Secretary of Defense, shall cooperate fully with the Academies in performing the services covered by this section.
(f) Recommendations for Additional Scientific Studies.— (1) Under an agreement between the Secretary and the Academies under this section, the Academies shall make any recommendations for additional scientific studies to resolve areas of continuing scientific uncertainty relating to toxic exposures.
(2) In making recommendations under paragraph (1), the Academies shall consider—
(A) the scientific information that is available at the time of the recommendation;
(B) the value and relevance of the information that could result from additional studies; and
(C) the cost and feasibility of carrying out such additional studies.
(g) Reports.— (1) (A) Under an agreement between the Secretary and the Academies under this section, not later than one year after the date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, the Academies shall submit to the Secretary, the Committee on Veterans Affairs of the Senate, and the Committee on Veterans Affairs of the House of Representatives an initial report on the activities of the Academies under the agreement.
(B) The report submitted under subparagraph (A) shall include the following:
(i) The determinations described in subsection (d).
(ii) A full explanation of the scientific evidence and reasoning that led to such determinations.
(iii) Any recommendations of the Academies under subsection (f).
(2) Under an agreement between the Secretary and the Academies under this section, not less frequently than once every two years after the date on which the initial report is submitted under paragraph (1)(A), the Academies shall submit to the Secretary, the Committee on Veterans Affairs of the Senate, and the Committee on Veterans Affairs of the House of Representatives an updated report on the activities of the Academies under the agreement.
(h) Alternative Contract Scientific Organization.— (1) If the Secretary is unable within the time period prescribed in subsection (b)(2) to enter into an agreement with the Academies for the purposes of this section on terms acceptable to the Secretary, the Secretary shall seek to enter into an agreement for the purposes of this section with another appropriate scientific organization that—
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to that of the Academies.
(2) If the Secretary enters into an agreement with another organization as described in paragraph (1), any reference in this subchapter to the Academies shall be treated as a reference to the other organization.
(Added Pub. L. 117168, title II, § 202(a), Aug. 10, 2022, 136 Stat. 1772.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, referred to in subsecs. (b)(2) and (g)(1)(A), is the date of enactment of Pub. L. 117168, which was approved Aug. 10, 2022.
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# 38 U.S.C. § 1301 - Definitions
## Text
As used in this chapter— The term “veteran” includes a person who died in the active military, naval, air, or space service.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1126, § 401; Pub. L. 9124, § 4(a), June 11, 1969, 83 Stat. 33; Pub. L. 9196, § 5, Oct. 27, 1969, 83 Stat. 145; renumbered § 1301, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 116283, div. A, title IX, § 926(a)(16), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116283 substituted “air, or space service” for “or air service”. 1991—Pub. L. 10283 renumbered section 401 of this title as this section. 1969—Pub. L. 9196 struck out par. (1) which defined “basic pay”. Par. (1). Pub. L. 9124 substituted “sections 201, 202, 203, 204, 205, or 207 of title 37” for “sections 232(a), 232(e), or 308 of Title 37”.
Statutory Notes and Related Subsidiaries
Effective Date of 1969 AmendmentAmendment by Pub. L. 9196 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 9196, set out as a note under section 1302 of this title.
Cost-of-Living Increases in Compensation RatesFor limitation on increases in dependency and indemnity compensation payable under this chapter, see section 8005 of Pub. L. 101508, set out as a note under section 1101 of this title.
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# 38 U.S.C. § 1302 - Determination of pay grade
## Text
(a) With respect to a veteran who died in the active military, naval, air, or space service, such veterans pay grade shall be determined as of the date of such veterans death or as of the date of a promotion after death while in a missing status.
(b) With respect to a veteran who did not die in the active military, naval, air, or space service, such veterans pay grade shall be determined as of—
(1) the time of such veterans last discharge or release from active duty under conditions other than dishonorable; or
(2) the time of such veterans discharge or release from any period of active duty for training or inactive duty training, if such veterans death results from service-connected disability incurred during such period and if such veteran was not thereafter discharged or released under conditions other than dishonorable from active duty.
(c) The pay grade of any veteran described in section 106(b) of this title shall be that to which such veteran would have been assigned upon final acceptance or entry upon active duty.
(d) If a veteran has satisfactorily served on active duty for a period of six months or more in a pay grade higher than that specified in subsection (a) or (b) and any subsequent discharge or release from active duty was under conditions other than dishonorable, the higher pay grade shall be used if it will result in greater monthly payments to such veterans surviving spouse under this chapter. The determination as to whether an individual has served satisfactorily for the required period in a higher pay grade shall be made by the Secretary of the department in which such higher pay grade was held.
(e) The pay grade of any person not otherwise described in this section, but who had a compensable status on the date of such persons death under laws administered by the Secretary, shall be determined by the head of the department under which such person performed the services by which such person obtained such status (taking into consideration such persons duties and responsibilities) and certified to the Secretary. For the purposes of this chapter, such person shall be deemed to have been on active duty while performing such services.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1126, § 402; Pub. L. 86492, June 8, 1960, 74 Stat. 161; Pub. L. 89622, § 1, Oct. 4, 1966, 80 Stat. 873; Pub. L. 9196, § 1, Oct. 27, 1969, 83 Stat. 144; Pub. L. 92169, § 2, Nov. 24, 1971, 85 Stat. 489; Pub. L. 94433, title IV, § 405(1)(3), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 10254, § 14(b)(2), June 13, 1991, 105 Stat. 283; renumbered § 1302 and amended Pub. L. 10283, §§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403406; Pub. L. 116283, div. A, title IX, § 926(a)(17), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
Amendments2021—Subsecs. (a), (b). Pub. L. 116283 substituted “air, or space service” for “or air service”. 1991—Pub. L. 10283, § 5(a), renumbered section 402 of this title as this section. Subsec. (d). Pub. L. 10254 substituted “department” for “Department”. Subsec. (e). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before period at end of first sentence. Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. 1976—Subsec. (a). Pub. L. 94433, § 405(1), substituted “such veterans” for “his” in two places. Subsec. (b). Pub. L. 94433, § 405(1), substituted “such veterans” for “his” in introductory clause and items (1) and (2) and “such veteran” for “he” in item (2). Subsec. (c). Pub. L. 94433, § 405(2), substituted “such veteran” for “he”. Subsec. (d). Pub. L. 94433, § 405(2), substituted “such veterans surviving spouse” for “his widow”. Subsec. (e). Pub. L. 94433, § 405(3), substituted “such persons” for “his” in two places and “such person” for “he”. 1971—Subsec. (a). Pub. L. 92169 provided, with regard to determination of veterans pay grade at date of his death, that in the case of a promotion after death while the veteran is in a missing status, the pay grade determination date is the date of such promotion. 1969—Pub. L. 9196 substituted “Determination of pay grade” for “Computation of basic pay” in section catchline. Subsec. (a). Pub. L. 9196 substituted provisions determining the pay grade of a veteran who died in the active service for provisions determining the basic pay of a veteran who died in the active service as that prescribed on Jan. 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and years of service. Subsec. (b). Pub. L. 9196 substituted provisions determining the pay grade of a veteran who did not die in the active service for provisions determining the basic pay of a veteran who did not die in the active service as that prescribed on Jan. 1, 1957, or on the date of his death (whichever is the later date) for a member of a uniformed service on active duty of the same rank and years of service. Subsec. (c). Pub. L. 9196 redesignated former subsec. (c)(1) as (c) and substituted “pay grade” for “basic pay” and “assigned” for “entitled”. Former subsec. (c)(2) redesignated (e). Subsec. (d). Pub. L. 9196 substituted provisions determining the applicability of a higher pay grade of a veteran who had served six months or more in a pay grade higher than that specified in subsec. (a) or (b) for provisions determining the basic pay of a veteran who had served six months or more in a rank higher than that specified in the former provisions of subsec. (a) or (b). Subsec. (e). Pub. L. 9196 redesignated former subsec. (c)(2) as (e), substituted “pay grade” for “basic pay”, and struck out “and years of service” after “responsibilities”. 1966—Subsec. (d). Pub. L. 89622 substituted “any subsequent discharge or release from active duty was under conditions other than dishonorable” for “was so serving in such rank within one hundred and twenty days before death in the active military, naval, or air service or before last discharge or release from active duty under conditions other than dishonorable”. 1960—Subsec. (d). Pub. L. 86492 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1971 AmendmentPub. L. 92169, § 3, Nov. 24, 1971, 85 Stat. 489, provided that: “For the purposes of chapter 13 of title 38, United States Code, this Act [amending this section and section 552 of Title 37, Pay and Allowances of the Uniformed Services] becomes effective upon the date of enactment [Nov. 24, 1971]. For all other purposes this Act becomes effective as of February 28, 1961.”
Effective Date of 1969 AmendmentPub. L. 9196, § 8, Oct. 27, 1969, 83 Stat. 146, provided that: “This Act [amending this section and sections 322 [now 1122], 401 [now 1301], 403, 411 [now 1311], and 421 [now 1321] of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment [Oct. 27, 1969].”
Effective Date of 1966 AmendmentPub. L. 89622, § 2, Oct. 4, 1966, 80 Stat. 873, provided that: “The amendment made by this Act [amending this section] shall take effect on the first day of the second calendar month after the date of enactment of this Act [Oct. 4, 1966].”
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# 38 U.S.C. § 1303 - Cost-of-living adjustments
## Text
(a) In the computation of cost-of-living adjustments for fiscal years 1998 through 2013 in the rates of dependency and indemnity compensation payable under this chapter, such adjustments (except as provided in subsection (b)) shall be made by a uniform percentage that is no more than the percentage equal to the social security increase for that fiscal year, with all increased monthly rates (other than increased rates equal to a whole dollar amount) rounded down to the next lower whole dollar amount.
(b) For purposes of this section, the term “social security increase” means the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).
(Added Pub. L. 10533, title VIII, § 8031(b)(1), Aug. 5, 1997, 111 Stat. 668; amended Pub. L. 107103, title II, § 205, Dec. 27, 2001, 115 Stat. 990; Pub. L. 108183, title VII, § 706, Dec. 16, 2003, 117 Stat. 2672.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments2003—Subsec. (a). Pub. L. 108183 substituted “2013” for “2011”. 2001—Subsec. (a). Pub. L. 107103 substituted “2011” for “2002”.
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# 38 U.S.C. § 1304 - Special provisions relating to surviving spouses
## Text
No dependency and indemnity compensation shall be paid to the surviving spouse of a veteran dying after December 31, 1956, unless such surviving spouse was married to such veteran—
(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1127, § 404; Pub. L. 9077, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94433, title IV, § 405(4), (5), Sept. 30, 1976, 90 Stat. 1379; renumbered § 1304, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 404 of this title as this section. 1976—Pub. L. 94433, § 405(4), (5), substituted “surviving spouse”, “such surviving spouse”, and “such veteran” for “widow”, “she”, and “him”, respectively, in introductory clause and “surviving spouses” for “widows” in section catchline. 1967—Pub. L. 9077 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1967 AmendmentAmendment by Pub. L. 9077 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 9077, set out as a note under section 101 of this title.
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# 38 U.S.C. § 1305 - Reevaluation of dependency and indemnity compensation determinations pursuant to changes in presumptions of service connection
## Text
(a) Reevaluation.— Whenever a law, including through a regulation or Federal court decision or settlement, establishes or modifies a presumption of service connection, the Secretary shall—
(1) identify all claims for dependency and indemnity compensation under this chapter that—
(A) were submitted to the Secretary;
(B) were evaluated and denied by the Secretary before the date on which such provision of law went into effect; and
(C) might have been evaluated differently had the establishment or modification been applicable to the claim;
(2) allow for the reevaluation of such claims at the election of the claimant; and
(3) notwithstanding section 5110 of this title, with respect to claims approved pursuant to such reevaluation, provide compensation under this chapter effective as if the establishment or modification of the presumption of service connection had been in effect on the date of the submission of the original claim described in paragraph (1).
(b) Outreach.— (1) The Secretary shall conduct outreach to inform relevant claimants that they may elect to have a claim be reevaluated in light of the establishment or modification of a presumption of service connection described in subsection (a).
(2) Outreach under paragraph (1) shall include the following:
(A) The Secretary shall publish on the internet website of the Department a notice that such claimants may elect to have a claim so reevaluated.
(B) The Secretary shall notify, in writing or by electronic means, veterans service organizations of the ability of such claimants to elect to have a claim so reevaluated.
(C) The Secretary shall contact each claimant identified under subsection (a) in the same manner that the Department last provided notice of a decision.
(Added Pub. L. 117168, title II, § 204(a), Aug. 10, 2022, 136 Stat. 1776.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 117168, title II, § 204(b), Aug. 10, 2022, 136 Stat. 1777, provided that: “Section 1305 of title 38, United States Code, as added by subsection (a), shall apply with respect to presumptions of service connection established or modified on or after the date of the enactment of this Act [Aug. 10, 2022], including pursuant to amendments made by this Act [see Short Title of 2022 Amendment note set out under section 101 of this title].”
Rule of ConstructionPub. L. 117168, title II, § 204(c), Aug. 10, 2022, 136 Stat. 1777, provided that: “Nothing in this section [enacting this section and provisions set out as a note above] shall be construed as modifying the obligations of the Department of Veterans Affairs under Federal court decisions or settlements in effect as of the date of the enactment of this Act [Aug. 10, 2022].”
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# 38 U.S.C. § 1310 - Deaths entitling survivors to dependency and indemnity compensation
## Text
(a) When any veteran dies after December 31, 1956, from a service-connected or compensable disability, the Secretary shall pay dependency and indemnity compensation to such veterans surviving spouse, children, and parents. The standards and criteria for determining whether or not a disability is service-connected shall be those applicable under chapter 11 of this title.
(b) Dependency and indemnity compensation shall not be paid to the surviving spouse, children, or parents of any veteran dying after December 31, 1956, unless such veteran (1) was discharged or released under conditions other than dishonorable from the period of active military, naval, air, or space service in which the disability causing such veterans death was incurred or aggravated, or (2) died while in the active military, naval, air, or space service.
(c) A person who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of dependency and indemnity compensation to which that person is otherwise entitled, but there shall be deducted from payment of such dependency and indemnity compensation the amount of the payment under that Act.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1127, § 410; Pub. L. 94433, title IV, § 405(7), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 95479, title II, § 204, Oct. 18, 1978, 92 Stat. 1564; Pub. L. 97306, title I, § 112(a), Oct. 14, 1982, 96 Stat. 1432; Pub. L. 100687, div. B, title XIV, § 1403(b), Nov. 18, 1988, 102 Stat. 4131; renumbered § 1310 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 108454, title III, § 302(b), Dec. 10, 2004, 118 Stat. 3610; Pub. L. 116283, div. A, title IX, § 926(a)(18), Jan. 1, 2021, 134 Stat. 3830.)
## Notes
Editorial Notes
References in TextThe Radiation Exposure Compensation Act, referred to in subsec. (c), is Pub. L. 101426, Oct. 15, 1990, 104 Stat. 920, which is set out as a note under section 2210 of Title 42, The Public Health and Welfare.
Amendments2021—Subsec. (b). Pub. L. 116283 substituted “air, or space service” for “or air service” in two places. 2004—Subsec. (c). Pub. L. 108454 added subsec. (c). 1991—Pub. L. 10283, § 5(a), renumbered section 410 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1988—Subsecs. (b), (c). Pub. L. 100687 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “(1) Notwithstanding the provisions of subsection (a) of this section, when any veteran dies, not as the result of the veterans own willful misconduct, if the veteran was in receipt of or entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability that either (A) was continuously rated totally disabling for a period of ten or more years immediately preceding death, or (B) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veterans discharge or other release from active duty, the Administrator shall pay benefits under this chapter to the veterans surviving spouse, if such surviving spouse was married to such veteran for not less than two years immediately preceding such veterans death, and to such veterans children, in the same manner as if the veterans death were service connected. “(2) If a surviving spouse or a child receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the death of a veteran described in paragraph (1) of this subsection, benefits under this chapter payable to such surviving spouse or child by virtue of this subsection shall not be paid for any month following a month in which any such money or property is received until such time as the total amount of such benefits that would otherwise have been payable equals the total of the amount of the money received and the fair market value of the property received. “(3) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this subsection shall be deemed eligibility for dependency and indemnity compensation under section 411(a) of this title.” 1982—Subsec. (b)(1). Pub. L. 97306 inserted “or entitled to receive” after “was in receipt of”. 1978—Subsecs. (b), (c). Pub. L. 95479 added subsec. (b) and redesignated former subsec. (b) as (c). 1976—Subsec. (a). Pub. L. 94433 substituted “such veterans surviving spouse” for “his widow”. Subsec. (b). Pub. L. 94433 substituted “surviving spouse”, “such veteran”, and “such veterans” for “widow”, “he”, and “his”, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentSubsec. (c) of this section effective with respect to dependency and indemnity compensation payments for months beginning after Mar. 26, 2002, see section 302(c) of Pub. L. 108454, set out as a note under section 1112 of this title.
Effective Date of 1982 Amendment; Retrospective PaymentsPub. L. 97306, title I, § 112(b), Oct. 14, 1982, 96 Stat. 1432, provided that: “(1) The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1982. “(2)(A) As soon as practicable after September 30, 1982, the Administrator of Veterans Affairs shall pay an amount determined under subparagraph (B) to each person who would have been entitled to a payment under chapter 13 of title 38, United States Code, for any part of the period beginning on October 1, 1978, and ending on September 30, 1982, if the amendment made by subsection (a) [amending this section] had taken effect on October 1, 1978. “(B) The amount of any payment to a person under subparagraph (A) is the amount equal to the total of all payments under chapter 13 of title 38, United States Code, that would have been made to that person for the period described in such subparagraph if the amendment made by subsection (a) [amending this section] had taken effect on October 1, 1978.”
Effective Date of 1978 AmendmentAmendment by Pub. L. 95479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95479, set out as a note under section 1114 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
GAO Report Relating to Benefits for Survivors of Veterans and Members of Armed ForcesPub. L. 102568, title I, § 104, Oct. 29, 1992, 106 Stat. 4322, required the Comptroller General of the United States to submit to Congress a report, with specified contents and due not later than Apr. 1, 1994, with respect to the most appropriate combination of financial, health-care, educational, and other survivor benefits to meet the needs of survivors of veterans.
Dependency and Indemnity Compensation ProgramPub. L. 94433, title II, § 204, Sept. 30, 1976, 90 Stat. 1376, directed Administrator of Veterans Affairs to study dependency and indemnity compensation program authorized by this chapter in order to evaluate benefits provided by program and to determine whether, or to what extent, benefits should be based on military pay grade of person upon whose death entitlement is predicated, and directed Administrator to submit to Congress and President not later than Oct. 1, 1977, a report containing results of study together with Administrators recommendations for improvement of program.
Study by Administrator of Dependency and Indemnity Compensation ClaimsPub. L. 9471, § 204, Aug. 5, 1975, 89 Stat. 397, directed Administrator of Veterans Affairs to make a study of claims for dependency and indemnity compensation relating to veterans who at time of death during period Sept. 1, 1975 to Mar. 1, 1976, were receiving disability compensation based upon a total and permanent disability and required report to be submitted to Speaker of House and President of Senate no later than Oct. 1, 1976. Pub. L. 93295, title II, § 207, May 31, 1974, 88 Stat. 183, directed Administrator to make a study of claims for dependency and indemnity compensation relating to veterans who, at time of death within six months of May 31, 1974, were receiving disability compensation, and to report to Speaker of House and President of Senate no more than 30 days after beginning of 94th Congress.
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# 38 U.S.C. § 1312 - Benefits in certain cases of in-service or service-connected deaths
## Text
(a) In the case of any veteran—
(1) who dies after December 31, 1956, and is not a fully and currently insured individual (as defined in section 214 of the Social Security Act (42 U.S.C. 414)) at the time of such veterans death; and
(2) whose death occurs—
(A) while on active duty, active duty for training, or inactive duty training; or
(B) as the result of a service-connected disability incurred after September 15, 1940; and
(3) who leaves one or more survivors who are not entitled for any month to monthly benefits under section 202 of the Social Security Act (42 U.S.C. 402) on the basis of such veterans wages and self-employment income but who would, upon application therefor, be entitled to such benefits if such veteran had been fully and currently insured at the time of such veterans death;
the Secretary shall pay for such month benefits under this section to each such survivor in an amount equal to the amount of the benefits which would have been paid for such month to such survivor under title II of the Social Security Act (42 U.S.C. 401 et seq.), if such veteran had been both fully and currently insured at the time of such veterans death and if such survivor had filed application therefor on the same date on which application for benefits under this section is filed with the Secretary.
(b) In any case where the amount of dependency and indemnity compensation payable under this chapter to a surviving spouse who has children is less than the amount of pension which would be payable to (1) such surviving spouse, or (2) such children if the surviving spouse were not entitled, under chapter 15 of this title had the death occurred under circumstances authorizing payment of death pension, the Secretary shall pay dependency and indemnity compensation to such surviving spouse in an amount equal to such amount of pension.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1128, § 412; Pub. L. 87268, § 1(a), Sept. 21, 1961, 75 Stat. 566; Pub. L. 89466, June 22, 1966, 80 Stat. 217; Pub. L. 94433, title IV, § 405(9), Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98223, title II, § 213(2), Mar. 2, 1984, 98 Stat. 46; Pub. L. 10254, § 14(b)(3), June 13, 1991, 105 Stat. 283; renumbered § 1312 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Sections 214 and 202 of the Social Security Act are classified to sections 414 and 402 of Title 42, respectively. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 412 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in concluding provisions. Pub. L. 10254 substituted “401” for “201” in concluding provisions. Subsec. (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1984—Subsec. (a). Pub. L. 98223, § 213(2), substituted “section 214 of the Social Security Act (42 U.S.C. 414)” for “section 414 of title 42” in par. (1), “section 202 of the Social Security Act (42 U.S.C. 402)” for “section 402 of title 42” in par. (3), and “title II of the Social Security Act (42 U.S.C. 201 et seq.)” for “subchapter II of chapter 7 of title 42” in provision following par. (3). 1976—Subsec. (a). Pub. L. 94433 substituted “such veterans” for “his” in cls. (1) and (3) and in text following cl. (3) and “such veteran” for “he” in cl. (3). Subsec. (b). Pub. L. 94433 substituted “surviving spouse” for “widow” wherever appearing. 1966—Pub. L. 89466 inserted “to a widow who has children”, “to (1) such widow, or (2) such children if the widow were not entitled”, and “such widow”. 1961—Pub. L. 87268 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1961 AmendmentPub. L. 87268, § 3, Sept. 21, 1961, 75 Stat. 566, provided that: “The amendments made by this Act [amending this section and sections 107, 411 [now 1311], 415 [now 1315], 422 [now 1322], and 503 [now 1503] of this title and enacting provisions set out as notes under this section] shall take effect as of the first day of the first calendar month which begins after the date of its enactment [Sept. 21, 1961].”
Filing of Application for BenefitsPub. L. 87268, § 2, Sept. 21, 1961, 75 Stat. 566, provided that the increased pension benefits authorized by Pub. L. 87268 were to be payable from the effective date of Pub. L. 87268 to anyone receiving dependency and indemnity compensation on such date only if the application for such increased benefits were filed with the Veterans Administration within one year from such date and evidence of entitlement were of record or received within one year from the date of request therefor.
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# 38 U.S.C. § 1316 - Dependency and indemnity compensation in cases of prior deaths
## Text
(a) (1) Any person who is eligible as a surviving spouse or child for death compensation by reason of a death occurring before January 1, 1957, may receive dependency and indemnity compensation upon application therefor.
(2) Any person who is eligible as a parent, or, but for such persons annual income, would be eligible as a parent, for death compensation by reason of a death occurring before January 1, 1957, may receive dependency and indemnity compensation upon application therefor; however, the annual income limitations established by section 1315 of this title shall apply to each such parent.
(b) (1) Whenever the surviving spouse of a veteran has been granted dependency and indemnity compensation by reason of this section, payments to such surviving spouse and to the children of the veteran shall thereafter be made under this chapter, and shall not thereafter be made to them by reason of the death of the veteran under (A) other provisions of law administered by the Secretary providing for the payment of compensation or pension, or (B) subchapter I of chapter 81 of title 5.
(2) Whenever the child or parent of any veteran is granted dependency and indemnity compensation, payments shall not thereafter be made to such child or parent by reason of the death of the veteran under (A) other provisions of law administered by the Secretary providing for the payment of compensation or pension, or (B) subchapter I of chapter 81 of title 5.
(c) If children of a deceased individual are receiving death compensation, and all such children have not applied for dependency and indemnity compensation, (1) dependency and indemnity compensation paid to each child who has applied therefor shall not exceed the amounts which would be paid if the application had been made by, or on behalf of, all such children, and (2) benefits paid under other provisions of law administered by the Secretary providing for the payment of compensation or pension, or under subchapter I of chapter 81 of title 5, to each child who has not so applied therefor shall not exceed the amounts which would be paid to such child if no such application had been made.
(d) If there are two parents of a deceased individual eligible for benefits by reason of subsection (a), and an application for dependency and indemnity compensation is not made by both parents, (1) dependency and indemnity compensation paid to the parent who applies therefor shall not exceed the amounts which would be paid to such parent if both parents had so applied, and (2) benefits paid under other provisions of law administered by the Secretary providing for the payment of compensation, or under subchapter I of chapter 81 of title 5, to the parent who has not so applied therefor shall not exceed the amounts which would be paid to such parent if no such application had been made.
(e) (1) Except as provided in paragraphs (3) and (4), no person who, on January 1, 1957, was a principal or contingent beneficiary of any payments under the Servicemens Indemnity Act of 1951 may receive any such payments based upon the death giving rise to such payments after such person has been granted dependency and indemnity compensation based upon that death. No principal or contingent beneficiary who has assigned such beneficiarys interest in payments under the Servicemens Indemnity Act of 1951 after June 28, 1956, may receive any payments under this chapter based upon the death giving rise to such payments until the portion of the indemnity so assigned is no longer payable to any person.
(2) Where a beneficiary is barred from the receipt of payments under the Servicemens Indemnity Act of 1951 by virtue of the first sentence of paragraph (1), no payments of the portion of indemnity in which such beneficiary had an interest shall be made to any other beneficiary.
(3) In the case of a child who has applied for dependency and indemnity compensation pursuant to this section or prior corresponding provisions of law, and who is or becomes a beneficiary under the Servicemens Indemnity Act of 1951 by reason of the death giving rise to such childs eligibility for dependency and indemnity compensation, the Secretary shall determine and pay to such child for each month, or part thereof, payments under this chapter or under such Act, whichever payment the Secretary determines to be the greater amount.
(4) Notwithstanding paragraph (2), where a child receives dependency and indemnity compensation under this chapter, and thereafter dies, the portion of servicemens indemnity in which such child had an interest may be paid (subject to paragraph (3)) to another child of the person by reason of whose death such servicemens indemnity was payable.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1130, § 416; Pub. L. 94433, title IV, § 405(11)(16), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 97295, § 4(11), Oct. 12, 1982, 96 Stat. 1305; renumbered § 1316 and amended Pub. L. 10283, §§ 4(a)(1), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403406.)
## Notes
Editorial Notes
References in TextThe Servicemens Indemnity Act of 1951, referred to in subsec. (e), is act Apr. 25, 1951, ch. 39, pt. I, 65 Stat. 33, which was classified generally to subchapter II (§ 851 et seq.) of chapter 13 of former Title 38, Pensions, Bonuses, and Veterans Relief, and was repealed by act Aug. 1, 1956, ch. 837, title V, § 502(9), 70 Stat. 886.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 416 of this title as this section. Subsec. (a)(2). Pub. L. 10283, § 5(c)(1), substituted “1315” for “415”. Subsecs. (b) to (d). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration” wherever appearing. Subsec. (e)(3). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. 1982—Subsecs. (b)(1)(B), (2)(B), (c)(2), (d)(2). Pub. L. 97295 substituted “subchapter I of chapter 81 of title 5” for “the Federal Employees Compensation Act” wherever appearing. 1976—Subsec. (a). Pub. L. 94433, § 405(11), substituted “surviving spouse” for “widow” in par. (1) and “such persons” for “his” in par. (2). Subsec. (b)(1). Pub. L. 94433, § 405(12), substituted “surviving spouse” and “such surviving spouse” for “widow” and “her”, respectively. Subsec. (c). Pub. L. 94433, § 405(13), substituted “paid to such child” for “paid to him”. Subsec. (d). Pub. L. 94433, § 405(14), substituted “such parent” for “him” in cls. (1) and (2). Subsec. (e). Pub. L. 94433, § 405(15), (16), substituted “such person” and “such beneficiarys” for “he” and “his”, respectively, in par. (1) and “such childs” and “the Administrator” for “his” and “he”, respectively, in par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
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# 38 U.S.C. § 1317 - Restriction on payments under this chapter
## Text
(a) Except as provided in subsection (b), no person eligible for dependency and indemnity compensation by reason of any death occurring after December 31, 1956, shall be eligible by reason of such death for any payments under (1) provisions of law administered by the Secretary providing for the payment of death compensation or death pension, or (2) subchapter I of chapter 81 of title 5.
(b) A surviving spouse who is eligible for dependency and indemnity compensation may elect to receive death pension instead of such compensation.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1132, § 417; Pub. L. 91291, § 13(a), (b), June 25, 1970, 84 Stat. 332; Pub. L. 92197, § 5, Dec. 15, 1971, 85 Stat. 662; Pub. L. 97295, § 4(11), Oct. 12, 1982, 96 Stat. 1305; renumbered § 1317 and amended Pub. L. 10283, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406; Pub. L. 103446, title I, § 111(a), Nov. 2, 1994, 108 Stat. 4654.)
## Notes
Editorial Notes
Amendments1994—Pub. L. 103446 designated existing provisions as subsec. (a), substituted “Except as provided in subsection (b), no person” for “No person”, and added subsec. (b). 1991—Pub. L. 10283, § 5(a), renumbered section 417 of this title as this section. Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. 1982—Pub. L. 97295 substituted “subchapter I of chapter 81 of title 5” for “the Federal Employees Compensation Act”. 1971—Pub. L. 92197 struck out subsec. (a) which, among other provisions, restricted payment of dependency and indemnity compensation in certain cases where death of a veteran occurred while United States Government life insurance or National Service Life Insurance was in force under an in-service waiver of premiums continued under section 724 of this title, and designated subsec. (b) as entire section. 1970—Subsec. (a). Pub. L. 91291 designated material after “unless” in first sentence as cl. (1), added cl. (2), and in last sentence substituted “first sentence” for “preceding sentence”.
Statutory Notes and Related Subsidiaries
Effective Date of 1971 AmendmentAmendment by Pub. L. 92197 effective Jan. 1, 1972, see section 10 of Pub. L. 92197, set out as a note under section 1311 of this title.
Effective Date of 1970 AmendmentPub. L. 91291, § 13(c), June 25, 1970, 84 Stat. 332, provided that: “No dependency and indemnity compensation shall be payable to any person by virtue of the amendments made by subsection (a) of this section [amending this section] for any person prior to the effective date of this Act [June 25, 1970].” Pub. L. 91291, § 14(a), June 25, 1970, 84 Stat. 332, provided that: “The amendments made by this Act [amending this section and sections 705, 707, 745, 765, 767, 768, 769, 770, and 774 [now 1905, 1907, 1945, 1965, 1967, 1968, 1969, 1970, and 1974] of this title and enacting provisions set out as notes under this section] shall take effect as of the date of enactment [June 25, 1970], except that sections 10 and 12 [amending sections 717 and 752 [now 1917 and 1952] of this title] shall take effect as of the first day of the first calendar month which begins more than six calendar months after the date of enactment of this Act [June 25, 1970].”
Dependency and Indemnity Compensation; EligibilityPub. L. 92197, § 8, Dec. 15, 1971, 85 Stat. 662, provided that: “Any person who before January 1, 1972, was not eligible for dependency and indemnity compensation under such title by reason of the provisions of the prior section 417(a) of title 38, United States Code, may elect, in such manner as the Administrator of Veterans Affairs shall prescribe, to receive dependency and indemnity compensation, and an election so made shall be final. A person receiving, or entitled to receive, death compensation on December 31, 1971, shall continue to receive death compensation, if otherwise eligible, in the absence of an election to receive dependency and indemnity compensation.”
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# 38 U.S.C. § 1318 - Benefits for survivors of certain veterans rated totally disabled at time of death
## Text
(a) The Secretary shall pay benefits under this chapter to the surviving spouse and to the children of a deceased veteran described in subsection (b) of this section in the same manner as if the veterans death were service connected.
(b) A deceased veteran referred to in subsection (a) of this section is a veteran who dies, not as the result of the veterans own willful misconduct, and who was in receipt of or entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability rated totally disabling if—
(1) the disability was continuously rated totally disabling for a period of 10 or more years immediately preceding death;
(2) the disability was continuously rated totally disabling for a period of not less than five years from the date of such veterans discharge or other release from active duty; or
(3) the veteran was a former prisoner of war and the disability was continuously rated totally disabling for a period of not less than one year immediately preceding death.
(c) Benefits may not be paid under this chapter by reason of this section to a surviving spouse of a veteran unless—
(1) the surviving spouse was married to the veteran for one year or more immediately preceding the veterans death; or
(2) a child was born of the marriage or was born to them before the marriage.
(d) If a surviving spouse or a child receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the death of a veteran described in subsection (a) of this section, benefits under this chapter payable to such surviving spouse or child by virtue of this section shall not be paid for any month following a month in which any such money or property is received until such time as the total amount of such benefits that would otherwise have been payable equals the total of the amount of the money received and the fair market value of the property received.
(e) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this section shall be deemed eligibility for dependency and indemnity compensation under section 1311(a) of this title.
(Added Pub. L. 100687, div. B, title XIV, § 1403(a)(1), Nov. 18, 1988, 102 Stat. 4130, § 418; amended Pub. L. 101237, title I, § 113, Dec. 18, 1989, 103 Stat. 2065; renumbered § 1318 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 106117, title V, § 501(b), Nov. 30, 1999, 113 Stat. 1573; Pub. L. 106419, title IV, § 404(a)(2), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 111275, title VI, § 603(a), Oct. 13, 2010, 124 Stat. 2885.)
## Notes
Editorial Notes
Amendments2010—Subsec. (b)(3). Pub. L. 111275 struck out “who died after September 30, 1999,” after “prisoner of war”. 2000—Subsec. (b)(3). Pub. L. 106419 substituted “not less than” for “not later than”. 1999—Subsec. (b). Pub. L. 106117, § 501(b)(1), substituted “rated totally disabling if—” for “that either—” in introductory provisions. Subsec. (b)(1). Pub. L. 106117, § 501(b)(2), inserted “the disability” after “(1)” and struck out “or” after “death;”. Subsec. (b)(2). Pub. L. 106117, § 501(b)(3), substituted “the disability was continuously rated totally disabling” for “if so rated for a lesser period, was so rated continuously” and substituted “; or” for the period at the end. Subsec. (b)(3). Pub. L. 106117, § 501(b)(4), added par. (3). 1991—Pub. L. 10283, § 5(a), renumbered section 418 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (e). Pub. L. 10283, § 5(c)(1), substituted “1311(a)” for “411(a)”. 1989—Subsec. (c)(1). Pub. L. 101237 substituted “one year” for “two years”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentPub. L. 111275, title VI, § 603(b), Oct. 13, 2010, 124 Stat. 2885, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2011.”
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# 38 U.S.C. § 1321 - Certifications with respect to pay grade
## Text
The Secretary concerned shall, at the request of the Secretary, certify to the Secretary the pay grade of deceased persons with respect to whose deaths applications for benefits are filed under this chapter. The certification of the Secretary concerned shall be binding upon the Secretary.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1132, § 421; Pub. L. 9196, § 4, Oct. 27, 1969, 83 Stat. 145; Pub. L. 94433, title IV, § 405(17), Sept. 30, 1976, 90 Stat. 1380; renumbered § 1321 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 421 of this title as this section. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary, certify to the Secretary” for “Administrator, certify to the Administrator” and “upon the Secretary” for “upon the Administrator”. 1976—Pub. L. 94433 substituted “to the Administrator” for “to him”. 1969—Pub. L. 9196 substituted “Certifications with respect to pay grade” for “Certifications with respect to basic pay” in section catchline and substituted provisions authorizing certifications with respect to the pay grade of deceased persons for provisions authorizing certifications with respect to the basic pay of deceased persons, considering rank or grade and cumulative years of service for pay purposes, and struck out the provision requiring the adjustment of basic pay as determined by this chapter whenever basic pay (as defined under the former provisions of section 401 of this title) is adjusted.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1969 AmendmentAmendment by Pub. L. 9196 effective first day of second calendar month which begins after Oct. 27, 1969, see section 8 of Pub. L. 9196, set out as a note under section 1302 of this title.
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# 38 U.S.C. § 1322 - Certifications with respect to social security entitlement
## Text
(a) Determinations required by section 1312(a) of this title (other than a determination required by section 1312(a)(2) of this title) as to whether any survivor described in section 1312(a)(3) of this title of a deceased individual would be entitled to benefits under section 202 of the Social Security Act (42 U.S.C. 402) for any month and as to the amount of the benefits which would be paid for such month, if the deceased veteran had been a fully and currently insured individual at the time of such veterans death, shall be made by the Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.
(b) The Secretary shall pay to the Commissioner of Social Security an amount equal to the costs which will be incurred in making determinations and certifications under subsection (a). Such payments shall be made with respect to the costs incurred during such period (but not shorter than a calendar quarter) as the Secretary and the Commissioner may prescribe, with the amount of such payments to be made on the basis of estimates made by the Commissioner after consultation with the Secretary. The amount payable for any period shall be increased or reduced to compensate for any underpayment or overpayment, as the case may be, of the costs incurred in any preceding period.
(c) Except with respect to determinations made under subsection (a) of this section, the Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section and section 1312(a) of this title.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1132, § 422; Pub. L. 87268, § 1(b), (c), Sept. 21, 1961, 75 Stat. 566; Pub. L. 94433, title IV, § 405(18), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 97295, § 4(12), (95)(A), Oct. 12, 1982, 96 Stat. 1305, 1313; renumbered § 1322 and amended Pub. L. 10283, §§ 4(b)(1), (2)(A), (E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 108183, title VII, § 708(c)(1), Dec. 16, 2003, 117 Stat. 2673.)
## Notes
Editorial Notes
Amendments2003—Subsec. (a). Pub. L. 108183, § 708(c)(1)(A), substituted “Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.” for “Secretary of Health and Human Services, and shall be certified by such Secretary to the Secretary of Veterans Affairs upon request of the Secretary of Veterans Affairs.” Subsec. (b). Pub. L. 108183, § 708(c)(1)(B), substituted “Commissioner of Social Security” for “Secretary of Health and Human Services” in first sentence and substituted “the Secretary and the Commissioner” for “the two Secretaries” and “Commissioner” for “Secretary of Health and Human Services” in second sentence. 1991—Pub. L. 10283, § 5(a), renumbered section 422 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “1312(a)” for “412(a)”, “1312(a)(2)” for “412(a)(2)”, “1312(a)(3)” for “412(a)(3)”. Pub. L. 10283, § 4(b)(2)(A)(i), substituted “Secretary of Veterans Affairs” for “Administrator” in two places. Subsec. (b). Pub. L. 10283, § 4(b)(2)(A)(ii), substituted “The Secretary shall pay to the Secretary of Health and Human Services” for “Upon the basis of estimates made by the Secretary of Health and Human Services after consultation with the Administrator, the Administrator shall pay to the Secretary” and “as the two Secretaries may prescribe, with the amount of such payments to be made on the basis of estimates made by the Secretary of Health and Human Services after consultation with the Secretary” for “as the Secretary and the Administrator may prescribe”. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “1312(a)” for “412(a)”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1982—Subsec. (a). Pub. L. 97295, § 4(12), (95)(A), substituted “section 202 of the Social Security Act (42 U.S.C. 402)” for “section 402 of title 42”, and “Health and Human Services” for “Health, Education, and Welfare”. Subsec. (b). Pub. L. 97295, § 4(95)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”. 1976—Subsec. (a). Pub. L. 94433 substituted “such veterans” and “such Secretary” for “his” and “him”, respectively. 1961—Subsec. (a). Pub. L. 87268 § 1(c), substituted “section 412(a)” for “section 412”, “section 412(a)(2)” for “section 412(2)”, and “section 412(a)(3)” for “section 412(3)”. Subsec. (c). Pub. L. 87268, § 1(b), substituted “section 412(a)” for “section 412”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
Effective Date of 1961 AmendmentAmendment by Pub. L. 87268 effective Oct. 1, 1961, see section 3 of Pub. L. 87268, set out as a note under section 1312 of this title.
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# 38 U.S.C. § 1323 - Certifications with respect to circumstances of death
## Text
Whenever the Secretary determines on the basis of a claim for benefits filed with the Secretary that a death occurred under the circumstances referred to in section 1476(a) of title 10, the Secretary shall certify that fact to the Secretary concerned. In all other cases, the Secretary shall make the determination referred to in such section at the request of the Secretary concerned.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1133, § 423; Pub. L. 94433, title IV, § 405(19), Sept. 30, 1976, 90 Stat. 1380; Pub. L. 10254, § 14(b)(4), June 13, 1991, 105 Stat. 283; renumbered § 1323 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), (3)(A), 5(a), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 1401, 1402, 1411 to 1419, 1421 to 1423, 1431 to 1436, and 1500 were renumbered sections 3001, 3002, 3011 to 3019, 3021 to 3023, 3031 to former 3036, and 3100 of this title, respectively.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 423 of this title as this section. Pub. L. 10283, § 4(b)(3)(A), substituted “Certifications with respect to circumstances of death” for “Certifications by Administrator” in section catchline. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary determines” for “Administrator determines”, “Secretary that” for “Administrator that”, and in two places “Secretary shall” for “Administrator shall”. Pub. L. 10254 struck out “or section 321(b) of title 32,” after “title 10,” and “1476(a) or 321(b)” after “such section”. 1976—Pub. L. 94433 substituted “with the Administrator” for “with him” and “the Administrator” for “he” before “shall certify” and “shall make”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94433 effective Oct. 1, 1976, see section 406 of Pub. L. 94433, set out as a note under section 1101 of this title.
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# 38 U.S.C. § 1501 - Definitions
## Text
For the purposes of this chapter—
(1) The term “Indian Wars” means the campaigns, engagements, and expeditions of the United States military forces against Indian tribes or nations, service in which has been recognized heretofore as pensionable service.
(2) The term “World War I” includes, in the case of any veteran, any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, or air service after April 5, 1917, and before November 12, 1918.
(3) The term “Civil War veteran” includes a person who served in the military or naval forces of the Confederate States of America during the Civil War, and the term “active military or naval service” includes active service in those forces.
(4) The term “period of war” means the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1134, § 501; Pub. L. 94169, title I, § 106(1), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95588, title I, § 101, Nov. 4, 1978, 92 Stat. 2497; Pub. L. 10225, title III, § 333(a), Apr. 6, 1991, 105 Stat. 88; renumbered § 1501, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 1500 and 1501 were renumbered sections 3100 and 3101 of this title, respectively. Another prior section 1501, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1171; Pub. L. 93508, title I, § 101(1), Dec. 3, 1974, 88 Stat. 1578, defined “World War II” and “vocational rehabilitation” for purposes of chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96466. Section 802(a)(3) of Pub. L. 96466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1501 continue in effect until Mar. 31, 1981.
Amendments1991—Pub. L. 10283 renumbered section 501 of this title as this section. Par. (4). Pub. L. 10225 inserted “the Persian Gulf War,” after “the Vietnam era,”. 1978—Par. (4). Pub. L. 95588 added par. (4). 1975—Par. (2). Pub. L. 94169 substituted “such veteran” for “him”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95588 effective Jan. 1, 1979, see section 401 of Pub. L. 95588, set out as a note under section 101 of this title.
Effective Date of 1975 AmendmentPub. L. 94169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
Plan To Address the Financial Exploitation of Veterans Receiving Pension From the Department of Veterans AffairsPub. L. 116315, title VI, § 6002, Jan. 5, 2021, 134 Stat. 5051, provided that: “(a) Development of Method for Solicitation and Collection of Information.—Not later than one year after the date of the enactment of this Act [Jan. 5, 2021], the Secretary of Veterans Affairs shall develop a method for systematically soliciting and collecting information on complaints received, referrals made, and actions taken by the pension management centers of the Department of Veterans Affairs and any other relevant components of the Department, in cases of potential financial exploitation of individuals receiving pension under chapter 15 of title 38, United States Code. “(b) Plan To Assess and Address Financial Exploitation of Veterans.—“(1) In general.—The Secretary shall develop and periodically update a plan—“(A) to regularly assess the information solicited and collected under subsection (a) to identify trends of potential financial exploitation of the individuals described in subsection (a) across the Department; and “(B) to outline actions that the Department can take to improve education and training to address those trends. “(2) Submission of plan.—Not later than one year after the date of the enactment of this Act and not less frequently than once every two years thereafter until the date that is six years after the date of the enactment of this Act, the Secretary shall submit the plan most recently developed or updated under paragraph (1) to—“(A) the Comptroller General of the United States; and “(B) the Committee on Veterans Affairs and the Special Committee on Aging of the Senate and the Committee on Veterans Affairs of the House of Representatives.”
Notice Regarding Fees Charged in Connection With Filing an Application for Veterans PensionPub. L. 116315, title VI, § 6006, Jan. 5, 2021, 134 Stat. 5053, provided that: “The Under Secretary for Benefits of the Department of Veterans Affairs shall ensure that every paper or electronic document relating to the receipt of pension under chapter 15 of title 38, United States Code, that is available to individuals who apply for such pension, including educational forms about or applications for such pension, includes a notice that the Department does not charge any fee in connection with the filing of an application for such pension.”
Secretary of Veterans Affairs Notice of Dishonest, Predatory, or Otherwise Unlawful Practices Targeting Individuals Who Are Eligible for Increased Pension on Basis of Need for Regular Aid and AttendancePub. L. 115131, § 2(a), Mar. 9, 2018, 132 Stat. 334, provided that: “The Secretary of Veterans Affairs shall include on the internet website of the Department of Veterans Affairs a warning to veterans relating to dishonest, predatory, or otherwise unlawful practices targeting individuals who are eligible for increased pension under chapter 15 of title 38, United States Code, on the basis of need for regular aid and attendance.”
Pension Program for Nonservice-Connected Disability or Death; Report by AdministratorPub. L. 94432, title IV, § 404, Sept. 30, 1976, 90 Stat. 1372, provided that, due to certain insufficiencies in pension program for nonservice-connected disability or death authorized by this chapter, and lack of sufficient long-range information as to actual and anticipated financial characteristics of potential pensioners and their families upon which to estimate costs of existing alternative pension programs, it was necessary for Administrator of Veterans Affairs to study existing and alternative nonservice-connected pension programs and to submit a report to Congress and the President not later than Oct. 1, 1977, on alternative courses of legislative and administrative action and long-range cost estimates therefor.
Study of Needs and Problems of Veterans and Their Widows Seventy-Two Years of Age or Older; Report by AdministratorPub. L. 93527, § 8, Dec. 21, 1974, 88 Stat. 1705, directed Administrator of Veterans Affairs to study needs and problems of veterans and their widows seventy-two years of age or older and required him to report to Congress and President not later than one hundred and eighty days after convening of Ninety-fourth Congress results of study together with any recommendations for legislative or administrative action.
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# 38 U.S.C. § 1502 - Determinations with respect to disability
## Text
(a) For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is any of the following:
(1) A patient in a nursing home for long-term care because of disability.
(2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner.
(3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person.
(4) Suffering from—
(A) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or
(B) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled.
(b) For the purposes of this chapter, a person shall be considered to be in need of regular aid and attendance if such person is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.
(c) For the purposes of this chapter, the requirement of “permanently housebound” will be considered to have been met when the veteran is substantially confined to such veterans house (ward or clinical areas, if institutionalized) or immediate premises due to a disability or disabilities which it is reasonably certain will remain throughout such veterans lifetime.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1134, § 502; Pub. L. 88664, § 6(b), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 9077, title I, § 102, Aug. 31, 1967, 81 Stat. 178; Pub. L. 94169, title I, § 106(2), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94432, title II, § 201, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 101508, title VIII, § 8002(a), Nov. 5, 1990, 104 Stat. 1388342; renumbered § 1502 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 107103, title II, § 206(a), Dec. 27, 2001, 115 Stat. 990; Pub. L. 109233, title V, § 502(3), June 15, 2006, 120 Stat. 415.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1502 was renumbered section 3102 of this title. Another prior section 1502, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1171; Pub. L. 86721, § 3, Sept. 8, 1960, 74 Stat. 820; Pub. L. 87815, § 7, Oct. 15, 1962, 76 Stat. 927; Pub. L. 89138, § 2(2), Aug. 26, 1965, 79 Stat. 578; Pub. L. 90631, § 1(a), Oct. 23, 1968, 82 Stat. 1331; Pub. L. 92540, title I, § 101(1), title III, § 301, Oct. 24, 1972, 86 Stat. 1074, 1080; Pub. L. 93508, title I, § 101(2), Dec. 3, 1974, 88 Stat. 1578; Pub. L. 94502, title I, § 104(1), Oct. 15, 1976, 90 Stat. 2384, related to the basic entitlement of veterans with service-connected disabilities to vocational rehabilitation under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96466. Section 802(a)(3) of Pub. L. 96466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1502 continue in effect until Mar. 31, 1981. Prior section 1502A, Pub. L. 87591, § 1, Aug. 16, 1962, 76 Stat. 393, which related to vocational rehabilitation for blinded veterans, was repealed by Pub. L. 89138, § 2(3), Aug. 26, 1965, 79 Stat. 578.
Amendments2006—Subsec. (b)(2). Pub. L. 109233 substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”. 2001—Subsec. (a). Pub. L. 107103 substituted “such person is any of the following:” and pars. (1) to (4) for “such a person is unemployable as a result of disability reasonably certain to continue throughout the life of the disabled person, or is suffering from— “(1) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the disabled person; or “(2) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled.” 1991—Pub. L. 10283, § 5(a), renumbered section 502 of this title as this section. Subsec. (a)(2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1990—Subsec. (a). Pub. L. 101508 amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is sixty-five years of age or older or became unemployable after age 65, or suffering from—”. 1976—Subsec. (a). Pub. L. 94432 inserted “or became unemployable after age 65,” after “or older”. 1975—Subsecs. (a) and (b). Pub. L. 94169 substituted “such person” for “he”. Subsec. (c). Pub. L. 94169 substituted “such veterans” for “his” wherever appearing. 1967—Subsec. (a). Pub. L. 9077, § 102(a), provided for consideration of a person sixty-five years of age or older as permanently and totally disabled. Subsec. (b). Pub. L. 9077, § 102(b), added cl. (1) and designated existing provisions as cl. (2). 1964—Subsec. (c). Pub. L. 88664 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2001 AmendmentPub. L. 107103, title II, § 206(b), Dec. 27, 2001, 115 Stat. 991, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of September 17, 2001.”
Effective Date of 1990 AmendmentPub. L. 101508, title VIII, § 8002(b), Nov. 5, 1990, 104 Stat. 1388342, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to claims filed after October 31, 1990.”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94432 effective Jan. 1, 1977, see section 405(b) of Pub. L. 94432, set out as a note under section 1521 of this title.
Effective Date of 1975 AmendmentPub. L. 94169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
Effective Date of 1967 AmendmentAmendment by Pub. L. 9077 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 9077, set out as a note under section 101 of this title.
Effective Date of 1964 AmendmentAmendment by Pub. L. 88664 effective Jan. 1, 1965, see section 11 of Pub. L. 88664, set out as a note under section 1503 of this title.
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# 38 U.S.C. § 1504 - Persons heretofore having a pensionable status
## Text
The pension benefits of subchapters II and III of this chapter shall, notwithstanding the service requirements of such subchapters, be granted to persons heretofore recognized by law as having a pensionable status.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1134, § 504; renumbered § 1504, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1504 was renumbered section 3104 of this title. Another prior section 1504, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1172; Pub. L. 89137, § 1(a), Aug. 26, 1965, 79 Stat. 576; Pub. L. 90431, July 26, 1968, 82 Stat. 447; Pub. L. 91219, title I, § 101, Mar. 26, 1970, 84 Stat. 76; Pub. L. 92540, title I, § 101(2), Oct. 24, 1972, 86 Stat. 1074; Pub. L. 93508, title I, § 101(3), Dec. 3, 1974, 88 Stat. 1579; Pub. L. 93602, title II, § 202, Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94502, title I, §§ 101, 104(4), Oct. 15, 1976, 90 Stat. 2383, 2384; Pub. L. 95202, title I, § 101, Nov. 23, 1977, 91 Stat. 1433, related to subsistence allowances to be paid veterans while pursuing a course of vocational rehabilitation training under chapter 31 of this title, prior to repeal, effective Oct. 1, 1980, by Pub. L. 96466, title VIII, § 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See section 3108 of this title.
Amendments1991—Pub. L. 10283 renumbered section 504 of this title as this section.
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# 38 U.S.C. § 1505 - Payment of pension during confinement in penal institutions
## Text
(a) No pension under public or private laws administered by the Secretary shall be paid to or for an individual who has been imprisoned in a Federal, State, local, or other penal institution or correctional facility as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individuals imprisonment begins and ending when such individuals imprisonment ends.
(b) Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may apportion and pay to such veterans spouse or children the pension which such veteran would receive for that period but for this section.
(c) Where any surviving spouse or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may (1) if the surviving spouse is so disqualified, pay to the child, or children, the pension which would be payable if there were no such surviving spouse or (2) if a child is so disqualified, pay to the surviving spouse or other children, as applicable, the pension which would be payable if there were no such child.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1134, § 505; Pub. L. 94169, title I, § 106(9)(11), Dec. 23, 1975, 89 Stat. 1017; renumbered § 1505 and amended Pub. L. 10283, §§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403406; Pub. L. 109461, title X, § 1002(a), Dec. 22, 2006, 120 Stat. 3464.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1505 was renumbered section 3105 of this title. Another prior section 1505, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1172; Pub. L. 94502, title I, § 104(5), Oct. 15, 1976, 90 Stat. 2384, related to leaves of absence to veterans pursuing a course of vocational rehabilitation training under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96466. Section 802(a)(3) of Pub. L. 96466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1505 continue in effect until Mar. 31, 1981. See section 3110 of this title.
Amendments2006—Subsec. (a). Pub. L. 109461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”. 1991—Pub. L. 10283, § 5(a), renumbered section 505 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. Subsecs. (b), (c). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1975—Subsec. (a). Pub. L. 94169, § 106(9), substituted “such individuals” for “his” wherever appearing. Subsec. (b). Pub. L. 94169, § 106(10), substituted “such veterans spouse” for “his wife”. Subsec. (c). Pub. L. 94169, § 106(11), substituted “surviving spouse” for “widow” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1975 AmendmentPub. L. 94169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
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# 38 U.S.C. § 1506 - Resource reports and overpayment adjustments
## Text
As a condition of granting or continuing pension under section 1521, 1541, or 1542 of this title, the Secretary—
(1) may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Secretary determines to be necessary in order to determine the annual income and the value of the corpus of the estate of such person, and of any spouse or child for whom the person is receiving or is to receive increased pension (such a child is hereinafter in this subsection referred to as a “dependent child”), and, in the case of a child applying for or in receipt of pension under section 1542 of this title (hereinafter in this subsection referred to as a “surviving child”), of any person with whom such child is residing who is legally responsible for such childs support;
(2) may require that any such applicant or recipient file for a calendar year with the Department (on such form as may be prescribed for such purpose by the Secretary) a report showing—
(A) the annual income which such applicant or recipient (and any such spouse or dependent child) received during the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any person with whom such child is residing who is legally responsible for such childs support;
(B) such applicants or recipients estimate for the then current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the estate of such applicant or recipient (and for any such spouse or dependent child); and
(C) in the case of a surviving child, an estimate for the then current year of the annual income of any person with whom such child is residing who is legally responsible for such childs support and of any expected increase in the value of the corpus of the estate of such person;
(3) shall require that any such applicant or recipient promptly notify the Secretary whenever there is a material change in the annual income of such applicant or recipient (or of any such spouse or dependent child) or a material change in the value of the corpus of the estate of such applicant or recipient (or of any such spouse or dependent child), and in the case of a surviving child, a material change in the annual income or value of the corpus of the estate of any person with whom such child is residing who is legally responsible for such childs support; and
(4) shall require that any such applicant or recipient applying for or in receipt of increased pension on account of a person who is a spouse or child of such applicant or recipient promptly notify the Secretary if such person ceases to meet the applicable definition of spouse or child.
(Added Pub. L. 86211, § 2(b), Aug. 29, 1959, 73 Stat. 432, § 506; amended Pub. L. 88664, § 2, Oct. 13, 1964, 78 Stat. 1094; Pub. L. 91588, § 6, Dec. 24, 1970, 84 Stat. 1584; Pub. L. 94169, title I, § 106(12)(14), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95588, title I, § 103, Nov. 4, 1978, 92 Stat. 2498; Pub. L. 96466, title VI, § 605(c)(2), Oct. 17, 1980, 94 Stat. 2211; renumbered § 1506 and amended Pub. L. 10283, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 103271, § 9(b), July 1, 1994, 108 Stat. 743.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1506 was renumbered section 3106 of this title. Another prior section 1506, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1173, authorized Administrator to furnish veterans receiving vocational rehabilitation such medical care, treatment, hospitalization, and prosthesis as were necessary to accomplish the purposes of chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96466. Section 802(a)(3) of Pub. L. 96466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1506 continue in effect until Mar. 31, 1981. See section 3104 of this title.
Amendments1994—Par. (2). Pub. L. 103271, § 9(b)(1), substituted “may require” for “shall require” and “file for a calendar year” for “file each year” in introductory provisions. Par. (3). Pub. L. 103271, § 9(b)(2), substituted “notify the Secretary” for “file a revised report”, struck out “estimated” before “annual income” in two places, and struck out “such applicants or recipients estimate of” before “the value of the corpus of the estate of such applicant”. 1991—Pub. L. 10283, § 5(a), renumbered section 506 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1521, 1541, or 1542” for “521, 541, or 542” in introductory provisions and “1542” for “542” in par. (1). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and pars. (1), (2), and (4). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” in par. (2) introductory provisions. 1980—Pub. L. 96466 struck out “(a)” before “As a condition” and struck out subsec. (b) which provided that in the event of an overpayment of pension under section 521, 541, or 542 of this title, the amount thereof be deducted (unless waived) from any future payments made thereunder to the person concerned. 1978—Subsec. (a). Pub. L. 95588 inserted provision authorizing the Administrator to consider the income of a spouse or child prior to granting a pension in par. (1), struck out exclusion from filing report for a child or person of 72 years of age or more who has been paid a pension for two consecutive years in par. (2), required changes in income of spouse or dependent child be included in the necessary revised income report in par. (3), and added par. (4). 1975—Subsec. (a). Pub. L. 94169 substituted “the Administrator” for “he” in par. (1), “the Administrator” for “him”, “such person” for “he” and “such persons” for “his” wherever appearing, in par. (2), and “such persons” for “his” wherever appearing, in par. (3). 1970—Subsec. (a)(2). Pub. L. 91588 exempted from filing requirements of this section any person who has attained 72 years of age and has been paid a pension under sections 521, 541, or 542 of this title during two consecutive calendar years. 1964—Subsec. (a)(2). Pub. L. 88664 inserted “, other than a child,” after “person”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96466, set out as a note under section 5314 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95588 effective Jan. 1, 1979, see section 401 of Pub. L. 95588, set out as a note under section 101 of this title.
Effective Date of 1975 AmendmentPub. L. 94169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91588 effective Jan. 1, 1972, see section 10(b) of Pub. L. 91588, set out as a note under section 1521 of this title.
Effective Date of 1964 AmendmentAmendment by Pub. L. 88664 effective Jan. 1, 1965, see section 11 of Pub. L. 88664, set out as a note under section 1503 of this title.
Effective DatePub. L. 86211, § 10, Aug. 29, 1959, 73 Stat. 436, provided that: “This Act [see Tables for classification] shall take effect on July 1, 1960.”
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# 38 U.S.C. § 1507 - Disappearance
## Text
Where a veteran receiving pension under subchapter II of this chapter disappears, the Secretary may pay the pension otherwise payable to such veterans spouse and children. In applying the provisions of this section, the Secretary may presume, without reports pursuant to section 1506(a) of this title, that the status of the veteran at the time of disappearance, with respect to permanent and total disability, income, and net worth, continues unchanged. Payments made to a spouse or child under this section shall not exceed the amount to which each would be entitled if the veteran died of a non-service-connected disability.
(Added Pub. L. 89467, § 1(a), June 22, 1966, 80 Stat. 218, § 507; amended Pub. L. 94169, title I, § 106(15), Dec. 23, 1975, 89 Stat. 1017; renumbered § 1507 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1507 was renumbered section 3107 of this title. Another prior section 1507, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 92540, title I, § 101(3), Oct. 24, 1972, 86 Stat. 1074; Pub. L. 94502, title I, § 104(6), Oct. 15, 1976, 90 Stat. 2384, related to loans to trainees commencing or undertaking courses of vocational rehabilitation under chapter 31 of this title, prior to repeal, effective Oct. 1, 1980, by Pub. L. 96466, title VIII, § 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See section 3112 of this title.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 507 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1506(a)” for “506(a)”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. 1975—Pub. L. 94169 struck out “in his discretion” after “Administrator” and substituted “payable to such veterans spouse” for “payable to his wife,” and “made to a spouse” for “made to a wife”.
Statutory Notes and Related Subsidiaries
Effective Date of 1975 AmendmentPub. L. 94169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976.
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title: "38 U.S.C. § 1508"
description: "Frequency of payment of pension benefits"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "15"
chapter_name: "PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE"
section: "1508"
citation: "38 U.S.C. § 1508"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
source_identifier: "/us/usc/t38/s1508"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 38 U.S.C. § 1508 - Frequency of payment of pension benefits
## Text
(a) Except as provided under subsection (b) of this section, benefits under sections 1521, 1541, and 1542 of this title shall be paid monthly.
(b) Under regulations which the Secretary shall prescribe, benefits under sections 1521, 1541, and 1542 of this title may be paid less frequently than monthly if the amount of the annual benefit is less than 4 percent of the maximum annual rate payable to a veteran under section 1521(b) of this title.
(Added Pub. L. 95588, title I, § 104(a), Nov. 4, 1978, 92 Stat. 2499, § 508; amended Pub. L. 10254, § 14(b)(6), June 13, 1991, 105 Stat. 283; renumbered § 1508 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Prior ProvisionsPrior section 1508 was renumbered section 3108 of this title. Another prior section 1508, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94502, title I, § 104(7), Oct. 15, 1976, 90 Stat. 2384, authorized Administrator to prescribe rules and regulations to promote good conduct and cooperation on the part of veterans receiving vocational rehabilitation under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96466. Section 802(a)(3) of Pub. L. 96466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1508 continue in effect until Mar. 31, 1981. See section 3111 of this title. Prior section 1509 was renumbered section 3109 of this title. Another prior section 1509, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94502, title I, § 104(8), (9), Oct. 15, 1976, 90 Stat. 2384, related to books, supplies, and equipment furnished a veteran under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96466. Section 802(a)(3) of Pub. L. 96466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1509 continue in effect until Mar. 31, 1981. Prior section 1510 was renumbered section 3110 of this title. Another prior section 1510, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94502, title I, § 104(10), Oct. 15, 1976, 90 Stat. 2384, related to vocational rehabilitation of persons hospitalized pending final discharge from the active military, naval, or air service, prior to the general revision of chapter 31 of this title by Pub. L. 96466. Section 802(a)(3) of Pub. L. 96466, set out as an Effective Date note under section 3100 of chapter 31 of this title, provided that this prior section 1510 continue in effect until Mar. 31, 1981. See section 3113 of this title.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 508 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “1521, 1541, and 1542” for “521, 541, and 542”. Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “1521, 1541, and 1542” for “521, 541, and 542” and “1521(b)” for “521(b)”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 10254 substituted “percent” for “per centum”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Jan. 1, 1979, see section 401 of Pub. L. 95588, set out as an Effective Date of 1978 Amendment note under section 101 of this title.
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "38 U.S.C. § 1510"
description: "Vacant]"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "15"
chapter_name: "PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE"
section: "1510"
citation: "38 U.S.C. § 1510"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 38 U.S.C. § 1510 - Vacant]
## Notes
Editorial Notes
Codification Prior to renumbering of sections 501 to 543 of this chapter as sections 1501 to 1543 by Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 510 of this chapter, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1135, which provided monthly pension for persons who served in military or naval forces of Confederate States of America, was repealed by Pub. L. 94169, title I, § 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.

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