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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Fabio
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---
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title: "38 U.S.C. § 1501"
description: "Definitions"
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title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "15"
chapter_name: "PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR SERVICE"
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citation: "38 U.S.C. § 1501"
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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.”
@@ -0,0 +1,47 @@
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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.
@@ -0,0 +1,49 @@
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# 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.
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# 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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# 38 U.S.C. § 1511 - Indian War veterans
## Text
(a) The Secretary shall pay to each veteran of the Indian Wars who meets the service requirements of this section a pension at the following monthly rate:
(1) $101.59; or
(2) $135.45 if the veteran is in need of regular aid and attendance.
(b) A veteran meets the service requirements of this section if such veteran served in one of the Indian Wars—
(1) for thirty days or more; or
(2) for the duration of such Indian War;
in any military organization, whether or not such service was the result of regular muster into the service of the United States, if such service was under the authority or by the approval of the United States or any State.
(c) (1) Any veteran eligible for pension under this section shall, if such veteran so elects, be paid pension at the rates prescribed by section 1521 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of World War I. If pension is paid pursuant to such an election, the election shall be irrevocable, except as provided in paragraph (2).
(2) The Secretary shall pay each month to each veteran of the Indian Wars who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that provided by paragraph (2) of subsection (a) of this section, or (B) that which is payable to the veteran under section 1521 of this title if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to paragraph (1) of this subsection. Each change in the amount of pension payment required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1135, § 511; Pub. L. 86670, § 1, July 14, 1960, 74 Stat. 545; Pub. L. 9077, title I, § 111(a), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94169, title I, § 106(16), Dec. 23, 1975, 89 Stat. 1017; renumbered § 1511 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 1511 was renumbered section 3111 of this title. Another prior section 1511, Pub. L. 85857, Sept. 2,1958, 72 Stat. 1171, § 1503, renumbered Pub. L. 89138, § 2(4), Aug. 26, 1965, 79 Stat. 578, and amended Pub. L. 94502, title , §§ 103, 104(11), Oct. 15, 1976, 90 Stat. 2384, related to training and training facilities 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 1511 continue in effect until Mar. 31, 1981. See section 3115 of this title.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 511 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “1521” for “521” in pars. (1) and (2). Subsec. (c)(2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1975—Subsecs. (b), (c). Pub. L. 94169 substituted “such veteran” for “he” wherever appearing. 1967—Subsec. (c). Pub. L. 9077 designated existing provisions as par. (1), inserted “except as provided in paragraph (2)”, and added par. (2). 1960—Subsec. (c). Pub. L. 86670 added subsec. (c).
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.
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 1960 AmendmentPub. L. 86670, § 3, July 14, 1960, 74 Stat. 545, provided that: “This Act [amending this section and section 512 [now 1512] of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [July 14, 1960].”
@@ -0,0 +1,81 @@
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# 38 U.S.C. § 1512 - Spanish-American War veterans
## Text
(a) (1) The Secretary shall pay to each veteran of the Spanish-American War who meets the service requirements of this subsection a pension at the following monthly rate:
(A) $101.59; or
(B) $135.45 if the veteran is in need of regular aid and attendance.
(2) A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service—
(A) for ninety days or more during the Spanish-American War;
(B) during the Spanish-American War and was discharged or released from such service for a service-connected disability; or
(C) for a period of ninety consecutive days or more and such period began or ended during the Spanish-American War.
(3) (A) Any veteran eligible for pension under this subsection shall, if such veteran so elects, be paid pension at the rates prescribed by section 1521 of this title (except the rate provided under subsection (g) of such section), and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable.
(B) The Secretary shall pay each month to each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (i) that provided by subparagraph (B) of subsection (a)(1) of this section, or (ii) that which is payable to the veteran under section 1521 of this title as in effect on December 31, 1978, under regulations which the Secretary shall prescribe. Each change in the amount of pension payment required by this subparagraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.
(b) (1) The Secretary shall pay to each veteran of the Spanish-American War who does not meet the service requirements of subsection (a), but who meets the service requirements of this subsection, a pension at the following monthly rate:
(A) $67.73; or
(B) $88.04 if the veteran is in need of regular aid and attendance.
(2) A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service—
(A) for seventy days or more during the Spanish-American War; or
(B) for a period of seventy consecutive days or more and such period began or ended during the Spanish-American War.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1135, § 512; Pub. L. 86670, § 2, July 14, 1960, 74 Stat. 545; Pub. L. 9077, title I, § 111(b), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94169, title I, § 106(17), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95588, title I, § 105, Nov. 4, 1978, 92 Stat. 2500; renumbered § 1512 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1512 was renumbered section 3112 of this title.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 512 of this title as this section. Subsec. (a)(1). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions. Subsec. (a)(3)(A). Pub. L. 10283, § 5(c)(1), substituted “1521” for “521”. Subsec. (a)(3)(B). Pub. L. 10283, § 5(c)(1), substituted “1521” for “521”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Subsec. (b)(1). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions. 1978—Subsec. (a)(3)(A). Pub. L. 95588, § 105(1), inserted “(except the rate provided under subsection (g) of such section)” after “of this title”, substituted “a period of war” for “World War I”, and struck out exception to pension elections formerly provided pursuant to subpar. (B). Subsec. (a)(3)(B). Pub. L. 95588, § 105(2), substituted “as in effect on December 31, 1978, under regulations which the Administrator shall prescribe” for “if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to subparagraph (A) of this paragraph”. 1975—Subsec. (a). Pub. L. 94169 substituted “such veteran” for “he” wherever appearing. Subsec. (b). Pub. L. 94169 substituted “such veteran” for “he”. 1967—Subsec. (a)(3). Pub. L. 9077 designated existing provisions as subpar. (A), inserted “except as provided in subparagraph (B)”, and added subpar. (B). 1960—Subsec. (a)(3). Pub. L. 86670 added cl. (3).
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.
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 1960 AmendmentAmendment by Pub. L. 86670 effective first day of second calendar month which begins after July 14, 1960, see section 3 of Pub. L. 86670, set out as a note under section 1511 of this title.
@@ -0,0 +1,49 @@
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title: "38 U.S.C. § 1513"
description: "Veterans 65 years of age and older"
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# 38 U.S.C. § 1513 - Veterans 65 years of age and older
## Text
(a) The Secretary shall pay to each veteran of a period of war who is 65 years of age or older and who meets the service requirements of section 1521 of this title (as prescribed in subsection (j) of that section) pension at the rates prescribed by section 1521 of this title and under the conditions (other than the permanent and total disability requirement) applicable to pension paid under that section.
(b) If a veteran is eligible for pension under both this section and section 1521 of this title, pension shall be paid to the veteran only under section 1521 of this title.
(Added Pub. L. 107103, title II, § 207(a)(1), Dec. 27, 2001, 115 Stat. 991; amended Pub. L. 109233, title V, § 503(2), June 15, 2006, 120 Stat. 416.)
## Notes
Editorial Notes
Prior ProvisionsPrior sections 1513 to 1520 were renumbered sections 3113 to 3120 of this title, respectively.
Amendments2006—Subsec. (a). Pub. L. 109233 inserted “section” after “prescribed by”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 107103, title II, § 207(c), Dec. 27, 2001, 115 Stat. 991, provided that: “The amendments made by this section [enacting this section and amending sections 1521 and 1522 of this title] shall take effect as of September 17, 2001.”
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# 38 U.S.C. § 1522 - Net worth limitation
## Text
(a) The Secretary shall deny or discontinue the payment of pension to a veteran under section 1513 or 1521 of this title when the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veterans spouse is such that under all the circumstances, including consideration of the annual income of the veteran, the veterans spouse, and the veterans children, it is reasonable that some part of the corpus of such estates be consumed for the veterans maintenance.
(b) The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of section 1521 of this title on account of a child when the corpus of such childs estate is such that under all the circumstances, including consideration of the veterans and spouses income, and the income of the veterans children, it is reasonable that some part of the corpus of such childs estate be consumed for the childs maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the veterans child for purposes of this chapter.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1136, § 522; Pub. L. 86211, § 3(b), Aug. 29, 1959, 73 Stat. 434; Pub. L. 95588, title I, § 107, Nov. 4, 1978, 92 Stat. 2502; renumbered § 1522 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 107103, title II, § 207(b)(2), Dec. 27, 2001, 115 Stat. 991.)
## Notes
Editorial Notes
Amendments2001—Subsec. (a). Pub. L. 107103 inserted “1513 or” before “1521 of this title”. 1991—Pub. L. 10283, § 5(a), renumbered section 522 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1521” for “521” in subsecs. (a) and (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in subsecs. (a) and (b). 1978—Pub. L. 95588 designated existing provisions as subsec. (a), inserted provisions relating to consideration of the income and estates of the spouse and children of an eligible veteran, and added subsec. (b). 1959—Pub. L. 86211 substituted provisions requiring the denial or discontinuance of payment of pension when the corpus of the veterans estate is such that under all the circumstances, including consideration of the veterans income, it is reasonable that some part of the corpus be consumed for the veterans maintenance for provisions which prohibited the payment of a pension to any unmarried veteran whose annual income exceeds $1,400 or to any married veteran or any veteran with children whose annual income exceeds $2,700.
Statutory Notes and Related Subsidiaries
Effective Date of 2001 AmendmentAmendment by Pub. L. 107103 effective Sept. 17, 2001, see section 207(c) of Pub. L. 107103, set out as an Effective Date note under section 1513 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 1959 AmendmentAmendment by Pub. L. 86211 effective July 1, 1960, see section 10 of Pub. L. 86211, set out as an Effective Date note under section 1521 of this title.
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# 38 U.S.C. § 1523 - Combination of ratings
## Text
(a) The Secretary shall provide that, for the purpose of determining whether or not a veteran is permanently and totally disabled, ratings for service-connected disabilities may be combined with ratings for non-service-connected disabilities.
(b) Where a veteran, by virtue of subsection (a), is found to be entitled to a pension under section 1521 of this title, and is entitled to compensation for a service-connected disability, the Secretary shall pay such veteran the greater benefit.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1136, § 523; Pub. L. 94169, title I, § 106(19), Dec. 23, 1975, 89 Stat. 1018; renumbered § 1523 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 523 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “1521” for “521”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1975—Subsec. (b). Pub. L. 94169 substituted “such veteran” for “him”.
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. § 1524 - Vocational training for certain pension recipients
## Text
(a) (1) In the case of a veteran under age 45 who is awarded a pension during the program period, the Secretary shall, based on information on file with the Department of Veterans Affairs, make a preliminary finding whether such veteran, with the assistance of a vocational training program under this section, has a good potential for achieving employment. If such potential is found to exist, the Secretary shall solicit from the veteran an application for vocational training under this section. If the veteran thereafter applies for such training, the Secretary shall provide the veteran with an evaluation, which may include a personal interview, to determine whether the achievement of a vocational goal is reasonably feasible.
(2) If a veteran who is 45 years of age or older and is awarded pension during the program period, or a veteran who was awarded pension before the beginning of the program period, applies for vocational training under this section and the Secretary makes a preliminary finding on the basis of information in the application that, with the assistance of a vocational training program under subsection (b) of this section, the veteran has a good potential for achieving employment, the Secretary shall provide the veteran with an evaluation in order to determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such evaluation shall include a personal interview by a Department employee trained in vocational counseling.
(3) For the purposes of this section, the term “program period” means the period beginning on February 1, 1985, and ending on December 31, 1995.
(b) (1) If the Secretary, based upon an evaluation under subsection (a) of this section, determines that the achievement of a vocational goal by a veteran is reasonably feasible, the veteran shall be offered and may elect to pursue a vocational training program under this subsection. If the veteran elects to pursue such a program, the program shall be designed in consultation with the veteran in order to meet the veterans individual needs and shall be set forth in an individualized written plan of vocational rehabilitation of the kind described in section 3107 of this title.
(2) (A) Subject to subparagraph (B) of this paragraph, a vocational training program under this subsection shall consist of vocationally oriented services and assistance of the kind provided under chapter 31 of this title and such other services and assistance of the kind provided under that chapter as are necessary to enable the veteran to prepare for and participate in vocational training or employment.
(B) A vocational training program under this subsection—
(i) may not exceed 24 months unless, based on a determination by the Secretary that an extension is necessary in order for the veteran to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan formulated for the veteran, the Secretary grants an extension for a period not to exceed 24 months;
(ii) may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment of the kind provided under chapter 39 of this title; and
(iii) may include a program of education at an institution of higher learning (as defined in sections 3452(b) and 3452(f), respectively, of this title) only in a case in which the Secretary determines that the program involved is predominantly vocational in content.
(3) When a veteran completes a vocational training program under this subsection, the Secretary may provide the veteran with counseling of the kind described in section 3104(a)(2) of this title, placement and postplacement services of the kind described in section 3104(a)(5) of this title, and training of the kind described in section 3104(a)(6) of this title during a period not to exceed 18 months beginning on the date of such completion.
(4) A veteran may not begin pursuit of a vocational training program under this subsection after the later of (A) December 31, 1995, or (B) the end of a reasonable period of time, as determined by the Secretary, following either the evaluation of the veteran under subsection (a) of this section or the award of pension to the veteran as described in subsection (a)(2) of this section. Any determination by the Secretary of such a reasonable period of time shall be made pursuant to regulations which the Secretary shall prescribe.
(c) In the case of a veteran who has been determined to have a permanent and total non-service-connected disability and who, not later than one year after the date the veterans eligibility for counseling under subsection (b)(3) of this section expires, secures employment within the scope of a vocational goal identified in the veterans individualized written plan of vocational rehabilitation (or in a related field which requires reasonably developed skills and the use of some or all of the training or services furnished the veteran under such plan), the evaluation of the veteran as having a permanent and total disability may not be terminated by reason of the veterans capacity to engage in such employment until the veteran first maintains such employment for a period of not less than 12 consecutive months.
(d) A veteran who pursues a vocational training program under subsection (b) of this section shall have the benefit of the provisions of subsection (a) of section 1525 of this title beginning at such time as the veterans entitlement to pension is terminated by reason of income from work or training (as defined in subsection (b)(1) of that section) without regard to the date on which the veterans entitlement to pension is terminated.
(e) Payments by the Secretary for education, training, and other services and assistance under subsection (b) of this section (other than the services of Department employees) shall be made from the Department appropriations account from which payments for pension are made.
(Added Pub. L. 98543, title III, § 301(a)(1), Oct. 24, 1984, 98 Stat. 2744, § 524; amended Pub. L. 99576, title VII, § 703(b)(1), Oct. 28, 1986, 100 Stat. 3303; Pub. L. 100227, title II, § 202, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100687, div. B, title XIII, § 1303(a), (b), Nov. 18, 1988, 102 Stat. 4128; Pub. L. 101237, title I, § 114, Dec. 18, 1989, 103 Stat. 2065; renumbered § 1524 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. 102291, § 2(b), May 20, 1992, 106 Stat. 178; Pub. L. 102568, title IV, § 402(a)(c)(2)(A), Oct. 29, 1992, 106 Stat. 4337; Pub. L. 103446, title XII, § 1201(g)(2), Nov. 2, 1994, 108 Stat. 4687.)
## Notes
Editorial Notes
Amendments1994—Subsec. (a)(2). Pub. L. 103446 substituted “If” for “Subject to paragraph (3) of this subsection, if”. 1992—Pub. L. 102568, § 402(c)(2)(A), substituted “Vocational training for certain pension recipients” for “Temporary program of vocational training for certain new pension recipients” as section catchline. Subsec. (a)(1). Pub. L. 102568, § 402(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Subject to paragraph (3) of this subsection, in the case of a veteran under the age of 45 who is awarded pension during the program period, the Secretary shall determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such determination shall be made only after evaluation of the veterans potential for rehabilitation, and any such evaluation shall include a personal interview of the veteran by a Department employee who is trained in vocational counseling. If the veteran fails, for reasons other than those beyond the veterans control, to participate in the evaluation in the manner required by the Secretary in order to make such determination, the Secretary shall suspend the veterans pension for the duration of such failure.” Subsec. (a)(3). Pub. L. 102568, § 402(b), redesignated par. (4) as (3), substituted “December 31, 1995” for “December 31, 1992”, and struck out former par. (3) which read as follows: “Not more than 3,500 veterans may be given evaluations under this subsection during any 12-month period beginning on February 1 of a year.” Subsec. (a)(4). Pub. L. 102568, § 402(b)(2), redesignated par. (4) as (3). Pub. L. 102291 substituted “December 31, 1992” for “January 31, 1992”. Subsec. (b)(4). Pub. L. 102568, § 402(c)(1), substituted “December 31, 1995” for “January 31, 1992”. 1991—Pub. L. 10283, § 5(a), renumbered section 524 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing in pars. (1) and (2). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” in pars. (1) and (2). Subsec. (b)(1). Pub. L. 10283, § 5(c)(1), substituted “3107” for “1507”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (b)(2)(B)(i). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Subsec. (b)(2)(B)(iii). Pub. L. 10283, § 5(c)(1), substituted “3452(b) and 3452(f)” for “1652(b) and 1652(f)”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (b)(3). Pub. L. 10283, § 5(c)(1), substituted “3104(a)(2)” for “1504(a)(2)”, “3104(a)(5)” for “1504(a)(5)”, and “3104(a)(6)” for “1504(a)(6)”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (b)(4). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (d). Pub. L. 10283, § 5(c)(1), substituted “1525” for “525”. Subsec. (e). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” in two places. 1989—Subsec. (a)(1), (2). Pub. L. 101237, § 114(a), substituted “45” for “50”. Subsecs. (c) to (e). Pub. L. 101237, § 114(b), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 1988—Subsec. (a)(2). Pub. L. 100687, § 1303(a), substituted “is awarded pension during the program period, or a veteran who was awarded pension before the beginning of the program period,” for “who is awarded pension during the program period”. Subsecs. (a)(4), (b)(4)(A). Pub. L. 100687, § 1303(b), substituted “1992” for “1989”. 1987—Subsec. (a)(3). Pub. L. 100227 substituted “3,500” for “2,500”. 1986—Subsec. (a)(2). Pub. L. 99576, § 703(b)(1)(A), substituted “subsection (b) of this section” for “subsection (d) of this section”. Subsec. (b)(4). Pub. L. 99576, § 703(b)(1)(B), substituted “subsection (a) of this section” for “subsection (a)(1) of this section”. Subsec. (c). Pub. L. 99576, § 703(b)(1)(C), substituted “A veteran” for “Notwithstanding subsection (c) of section 525 of this title, a veteran” and “defined in subsection (b)(1) of that section” for “defined in subsection (b) of that section”, and inserted “without regard to the date on which the veterans entitlement to pension is terminated.”
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102291 effective Jan. 31, 1992, see section 2(d) of Pub. L. 102291, set out as a note under section 1163 of this title.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99576 effective as if included in Pub. L. 98543, see section 703(c) of Pub. L. 99576, set out as a note under section 1313 of this title.
Ratification of Actions of Secretary of Veterans Affairs During Lapsed PeriodProvision of a vocational training program to a veteran under this section and the making of related determinations under this section ratified with respect to period beginning Feb. 1, 1992, and ending May 20, 1992, see section 2(e) of Pub. L. 102291, set out as a note under section 1163 of this title.
Report to Congressional Committees; New Pension Recipients; Health-Care EligibilitySection 301(b) of Pub. L. 98543 directed Administrator of Veterans Affairs to submit to Committees on Veterans Affairs of Senate and House of Representatives not later than Apr. 15, 1988, a report on results of implementation of this section and section 525 [now 1525] of this title during period beginning on Feb. 1, 1985, and ending on Jan. 31, 1988.
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# 38 U.S.C. § 1525 - Protection of health-care eligibility
## Text
(a) In the case of a veteran whose entitlement to pension is terminated after January 31, 1985, by reason of income from work or training, the veteran shall retain for a period of three years beginning on the date of such termination all eligibility for care and services under such chapter that the veteran would have had if the veterans entitlement to pension had not been terminated. Care and services for which such a veteran retains eligibility include, when applicable, drugs and medicines under section 1712(d) of this title.
(b) For purposes of this section, the term “terminated by reason of income from work or training” means terminated as a result of the veterans receipt of earnings from activity performed for remuneration or with gain, but only if the veterans annual income from sources other than such earnings would, taken alone, not result in the termination of the veterans pension.
(Added Pub. L. 98543, title III, § 301(a)(1), Oct. 24, 1984, 98 Stat. 2746, § 525; amended Pub. L. 99272, title XIX, § 19011(d)(1), Apr. 7, 1986, 100 Stat. 378; Pub. L. 99576, title VII, § 703(b)(2), Oct. 28, 1986, 100 Stat. 3303; Pub. L. 100687, div. B, title XIII, § 1303(c), Nov. 18, 1988, 102 Stat. 4128; renumbered § 1525 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102291, § 2(c), May 20, 1992, 106 Stat. 178; Pub. L. 102568, title IV, § 403(a), (b)(1), Oct. 29, 1992, 106 Stat. 4337; Pub. L. 104262, title I, § 101(e)(1), Oct. 9, 1996, 110 Stat. 3180.)
## Notes
Editorial Notes
Amendments1996—Subsec. (a). Pub. L. 104262, § 101(e)(1)(A), substituted “section 1712(d) of this title” for “section 1712(h) of this title and special priority with respect to such care and services under clauses (5) and (6) of section 1712(i)”. Subsec. (b). Pub. L. 104262, § 101(e)(1)(B), substituted “remuneration” for “renumeration”. 1992—Pub. L. 102568, § 403(b)(1), substituted “Protection” for “Temporary protection” in section catchline. Subsec. (a). Pub. L. 102568, § 403(a)(1), substituted “after January 31, 1985,” for “during the program period”. Subsec. (b). Pub. L. 102568, § 403(a)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “For the purposes of this section: “(1) The term terminated by reason of income from work or training means terminated as a result of the veterans receipt of earnings from activity performed for remuneration or gain, but only if the veterans annual income from sources other than such earnings would, taken alone, not result in the termination of the veterans pension. “(2) 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 par. (2). 1991—Pub. L. 10283, § 5(a), renumbered section 525 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “1712(h)” for “612(h)” and “1712(i)” for “612(i)”. 1988—Subsec. (b)(2). Pub. L. 100687 substituted “1992” for “1989”. 1986—Subsec. (a). Pub. L. 99576 struck out “under section 521 of this title” after “entitlement to pension”. Pub. L. 99272 substituted “clauses (5) and (6) of section 612(i)” for “section 612(i)(5) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102291 effective Jan. 31, 1992, see section 2(d) of Pub. L. 102291, set out as a note under section 1163 of this title.
Effective Date of 1986 AmendmentsAmendment by Pub. L. 99576 effective as if included in Pub. L. 98543, see section 703(c) of Pub. L. 99576, set out as a note under section 1313 of this title. Amendment by Pub. L. 99272 applicable to hospital care, nursing home care, and medical services furnished on or after July 1, 1986, see section 19011(f) of Pub. L. 99272, set out as a note under section 1710 of this title.
Ratification of Actions of Secretary of Veterans Affairs During Lapsed PeriodProvision of health care and services to a veteran pursuant to this section ratified with respect to period beginning Feb. 1, 1992, and ending May 20, 1992, see section 2(e) of Pub. L. 102291, set out as a note under section 1163 of this title.
@@ -0,0 +1,35 @@
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# 38 U.S.C. § 1531 - 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 531 of this chapter, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1137; Pub. L. 9077, title I, § 105, Aug. 31, 1967, 81 Stat. 179, which provided for a monthly pension to widows of Mexican War veterans, 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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# 38 U.S.C. § 1532 - Surviving spouses of Civil War veterans
## Text
(a) The Secretary shall pay to the surviving spouse of each Civil War veteran who met the service requirements of this section a pension at the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of age; or
(2) $70 if such surviving spouse is seventy years of age or older.
(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.
(c) A veteran met the service requirements of this section if such veteran served for ninety days or more in the active military or naval service during the Civil War, as heretofore defined under public laws administered by the Veterans Administration, or if such veteran was discharged or released from such service upon a surgeons certificate of disability.
(d) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—
(1) before June 27, 1905; 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. 1137, § 532; Pub. L. 9077, title I, §§ 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 94169, title I, § 106(20)(23), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 10254, § 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered § 1532 and amended Pub. L. 10283, §§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403406; Pub. L. 103446, title XII, § 1201(a)(2), Nov. 2, 1994, 108 Stat. 4682.)
## Notes
Editorial Notes
Amendments1994—Subsec. (c). Pub. L. 103446 substituted “Veterans Administration” for “Secretary”. 1991—Pub. L. 10283, § 5(a), renumbered section 532 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions. Pub. L. 10254 substituted a period for semicolon at end of par. (2) and struck out at end “unless such surviving spouse was the spouse of the veteran during such veterans service in the Civil War, in which case the monthly rate shall be $75.” Subsec. (c). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. 1975—Pub. L. 94169, § 106(23), substituted “Surviving spouses” for “Widows” in section catchline. Subsec. (a). Pub. L. 94169, § 106(20), substituted “pay to the surviving spouse” for “pay to the widow”, “such surviving spouse” for “she” wherever appearing, “was the spouse” for “was the wife” and “such veterans” for “his”. Subsec. (b). Pub. L. 94169, § 106(21), substituted “surviving spouse” for “widow”. Subsec. (c). Pub. L. 94169, § 106(21), substituted “such veteran” for “he” wherever appearing. Subsec. (d). Pub. L. 94169, § 106(22), substituted “surviving spouse”, “such surviving spouse” and “such veteran” for “widow”, “she” and “him”, respectively. 1967—Subsec. (a)(2). Pub. L. 9077, § 105, substituted ”$70” for “$65”. Subsec. (d). Pub. L. 9077, § 101(a), qualified widow of a veteran for a pension 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 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.
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# 38 U.S.C. § 1533 - Children of Civil War veterans
## Text
Whenever there is no surviving spouse entitled to pension under section 1532 of this title, the Secretary shall pay to the children of each Civil War veteran who met the service requirements of section 1532 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1137, § 533; Pub. L. 94169, title I, § 106(25), Dec. 23, 1975, 89 Stat. 1018; renumbered § 1533 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 533 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1532” for “532” in two places. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1975—Pub. L. 94169 substituted “surviving spouse” for “widow”.
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. § 1534 - Surviving spouses of Indian War veterans
## Text
(a) The Secretary shall pay to the surviving spouse of each Indian War veteran who met the service requirements of section 1511 of this title a pension at the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of age; or
(2) $70 if such surviving spouse is seventy years of age or older.
(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.
(c) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—
(1) before March 4, 1917; 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. 1137, § 534; Pub. L. 9077, title I, §§ 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 94169, title I, § 106(26)(29), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 10254, § 14(b)(7), June 13, 1991, 105 Stat. 283; renumbered § 1534 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 534 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “1511” for “511” in introductory provisions. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions. Pub. L. 10254 substituted a period for semicolon at end of par. (2) and struck out at end “; unless such surviving spouse was the spouse of the veteran during such veterans service in one of the Indian Wars, in which case the monthly rate shall be $75.” 1975—Pub. L. 94169, § 106(29), substituted “Surviving spouses” for “Widows” in section catchline. Subsec. (a). Pub. L. 94169, § 106(26), substituted “pay to a surviving spouse” for “paid to a widow”, “unless such surviving spouse” for “she” wherever appearing, “was the spouse” for “was the wife” and “such veterans” for “his”. Subsec. (b). Pub. L. 94169, § 106(27), substituted “surviving spouse” for “widow”. Subsec. (c). Pub. L. 94169, § 106(28), substituted “paid to a surviving spouse” for “paid to a widow”, “unless such surviving spouse” for “unless she” and “such veteran” for “him”. 1967—Subsec. (a)(2). Pub. L. 9077, § 105, substituted “$70” for “$65”. Subsec. (c). Pub. L. 9077, § 101(a), qualified widow of a veteran for a pension 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 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.
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# 38 U.S.C. § 1535 - Children of Indian War veterans
## Text
Whenever there is no surviving spouse entitled to pension under section 1534 of this title, the Secretary shall pay to the children of each Indian War veteran who met the service requirements of section 1511 of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1137, § 535; Pub. L. 94169, title I, § 106(31), Dec. 23, 1975, 89 Stat. 1018; renumbered § 1535 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 535 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1534” for “534” and “1511” for “511”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1975—Pub. L. 94169 substituted “surviving spouse” for “widow”.
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. § 1536 - Surviving spouses of Spanish-American War veterans
## Text
(a) The Secretary shall pay to the surviving spouse of each Spanish-American War veteran who met the service requirements of section 1512(a) of this title a pension at the monthly rate of $70, unless such surviving spouse was the spouse of the veteran during such veterans service in the Spanish-American War, in which case the monthly rate shall be $75.
(b) If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.
(c) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—
(1) before January 1, 1938; 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.
(d) (1) Any surviving spouse eligible for pension under this section shall, if such surviving spouse so elects, be paid pension at the rates prescribed by section 1541 of this title, and under the conditions (other than the service requirements) applicable to pension paid under that section to surviving spouses of veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable.
(2) The Secretary shall pay each month to the surviving spouse of each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that which is payable to such surviving spouse under subsections (a) and (b) of this section as increased by section 544 11 See References in Text note below. of this title, as in effect on December 31, 1978; or (B) that which is payable under section 1541 of this title, as in effect on December 31, 1978, as increased by such section 544,1 as in effect on such date, to a surviving spouse of a World War I veteran with the same annual income and corpus of estate. Each change in the amount of pension required by this paragraph shall be effective as of the first day of the month during which the facts of the particular case warrant such change, and shall be made without specific application therefor.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1138, § 536; Pub. L. 9077, title I, §§ 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 92328, title I, § 107, June 30, 1972, 86 Stat. 395; Pub. L. 94169, title I, § 106(32)(37), Dec. 23, 1975, 89 Stat. 1018, 1019; Pub. L. 95588, title I, § 108, Nov. 4, 1978, 92 Stat. 2502; renumbered § 1536 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
References in TextSection 544 of this title, referred to in subsec. (d)(2), was repealed by Pub. L. 95588, title I, § 112(a)(1), Nov. 4, 1978, 92 Stat. 2505, eff. Jan. 1, 1979.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 536 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “1512(a)” for “512(a)”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (d). Pub. L. 10283, § 5(c)(1), substituted “1541” for “541” in pars. (1) and (2). Subsec. (d)(2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1978—Subsec. (d)(1). Pub. L. 95588, § 108(1), substituted “a period of war” for “World War I”, and struck out “, except as provided in paragraph (2)” after “irrevocable”. Subsec. (d)(2). Pub. L. 95588, § 108(2), inserted “, as in effect on December 31, 1978” after “of this title” in two places, and “as in effect on such date” after “such section 544”. 1975—Pub. L. 94169, § 106(37), substituted “Surviving spouses” for “Widows” in section catchline. Subsec. (a). Pub. L. 94169, § 106(32), substituted “pay to the surviving spouse” for “pay to the widow”, “unless such surviving spouse” for “unless she”, “the spouse” for “the wife” and “such veterans” for “his”. Subsec. (b). Pub. L. 94169, § 106(33), substituted “surviving spouse” for “widow”. Subsec. (c). Pub. L. 94169, § 106(33), substituted “paid to a surviving spouse” for “paid to a widow”, “unless such surviving spouse” for “unless she” and “such veteran” for “him”. Subsec. (d)(1). Pub. L. 94169, § 106(34), substituted “Any surviving spouse” for “Any widow”, “if such surviving spouse” for “if she” and “surviving spouses” for “widows”. Subsec. (d)(2). Pub. L. 94169, § 106(35), (36), substituted “surviving spouse” for “widow” wherever appearing, and “such surviving spouse” for “her”. 1972—Subsec. (d). Pub. L. 92328 added subsec. (d). 1967—Subsec. (a). Pub. L. 9077, § 105, substituted “$70” for “$65”. Subsec. (c). Pub. L. 9077, § 101(a), qualified widow of a veteran for a pension 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 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 1972 AmendmentAmendment by Pub. L. 92328 effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92328, 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.
Increase in Aid and Attendance Rates for Veterans Eligible for PensionMaximum annual pension rates under subsec. (d)(2) of this section increased by $600, effective Oct. 1, 1998, see section 8206 of Pub. L. 105178, set out as a note under section 1521 of this title.
@@ -0,0 +1,45 @@
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# 38 U.S.C. § 1537 - Children of Spanish-American War veterans
## Text
Whenever there is no surviving spouse entitled to pension under section 1536 of this title, the Secretary shall pay to the children of each Spanish-American War veteran who met the service requirements of section 1512(a) of this title a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1138, § 537; Pub. L. 94169, title I, § 106(39), Dec. 23, 1975, 89 Stat. 1019; renumbered § 1537 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 537 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1536” for “536” and “1512(a)” for “512(a)”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1975—Pub. L. 94169 substituted “surviving spouse” for “widow”.
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. § 1542 - Children of veterans of a period of war
## Text
The Secretary shall pay to each child (1) who is the child of a deceased veteran of a period of war who met the service requirements prescribed in section 1521(j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, and (2) who is not in the custody of a surviving spouse eligible for pension under section 1541 of this title, pension at the annual rate of $2,020, as increased from time to time under section 5312 of this title and reduced by the amount of such childs annual income; or, if such child is residing with a person who is legally responsible for such childs support, at an annual rate equal to the amount by which the appropriate annual rate provided under section 1541(c) of this title exceeds the sum of the annual income of such child and such person, but in no event may such annual rate of pension exceed the amount by which $2,020, as increased from time to time under section 5312 of this title, exceeds the annual income of such child. The appropriate annual rate under such section 1541(c) for the purposes of the preceding sentence shall be determined in accordance with regulations which the Secretary shall prescribe.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1138, § 542; Pub. L. 86211, § 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 88664, § 4, Oct. 13, 1964, 78 Stat. 1095; Pub. L. 9077, title I, § 107, title II, § 202(g), (h), Aug. 31, 1967, 81 Stat. 180, 182; Pub. L. 91588, §§ 3(c), 9(e), Dec. 24, 1970, 84 Stat. 1583, 1585; Pub. L. 92198, § 1(f), Dec. 15, 1971, 85 Stat. 664; Pub. L. 93177, § 3, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93527, § 4, Dec. 21, 1974, 88 Stat. 1703; Pub. L. 94169, title I, §§ 101(2)(D), 104, Dec. 23, 1975, 89 Stat. 1014, 1016; Pub. L. 94432, title II, § 204, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95204, title I, § 103, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95588, title I, § 110(a), Nov. 4, 1978, 92 Stat. 2504; Pub. L. 10240, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1542 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 111275, title VI, § 608(c), Oct. 13, 2010, 124 Stat. 2887.)
## Notes
Editorial Notes
Amendments2010—Pub. L. 111275 substituted “$2,020” for “$600” in two places. 1991—Pub. L. 10283, § 5(a), renumbered section 542 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1521(j)” for “521(j)”, “1541” for “541”, and “1541(c)” for “541(c)” in two places. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 10240 substituted “5312” for “3112” in two places. 1978—Pub. L. 95588 amended section generally to speak in terms of children of veterans of any period of war rather than children of veterans of specifically named conflicts, restructured section to eliminate subsection designations, struck out provision formerly comprising subsec. (b) of this section which related to payment of pensions to recipient children in equal shares, and inserted reference to periodic pension increases pursuant to section 3112 of this title. 1977—Subsec. (a). Pub. L. 95204, § 103(1), substituted “$61” and “$26” for “$57” and “$24”, respectively. Subsec. (c). Pub. L. 95204, § 103(2), substituted “$3,080” for “$2,890”. 1976—Subsec. (a). Pub. L. 94432, § 204(1), substituted “$57” and “$24” for “$53” and “$22”, respectively. Subsec. (c). Pub. L. 94432, § 204(2), substituted “$2,890” for “$2,700”. 1975—Subsec. (a). Pub. L. 94169, §§ 101(2)(D), 104(1), substituted “surviving spouse” for “widow”, struck out “his” before “death,” and, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, substituted “$53” for “$49” and “$22” for “$20”. Subsec. (c). Pub. L. 94169, § 104, substituted, effective for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, “$2700” for “$2400”. 1974—Subsec. (a). Pub. L. 93527, § 4(1), substituted “$49” and “$20” for “$44” and “$18”, respectively. Subsec. (c). Pub. L. 93527, § 4(2), substituted “$2,400” for “$2,000”. 1973—Subsec. (a). Pub. L. 93177 substituted “$44” for “$42” and “$18” for “$17”. 1971—Subsec. (a). Pub. L. 92198 substituted “$42” and “$17” for “$40” and “$16”, respectively. 1970—Pub. L. 91588, § 9(e)(2), inserted reference to Mexican border period in section catchline. Subsec. (a). Pub. L. 91588, § 9(e)(1), inserted reference to Mexican border period. Subsec. (c). Pub. L. 91588, § 3(c), substituted “$2,000” for “$1,800”. 1967—Pub. L. 9077, § 202(h), inserted reference to Vietnam era in section catchline. Subsec. (a). Pub. L. 9077, §§ 107, 202(g), substituted “$40” and “$16” for “$38” and “$15” and included reference to Vietnam era, respectively. 1964—Subsec. (a). Pub. L. 88664 increased monthly pension for one child from $35 to $38. 1959—Pub. L. 86211 included children of World War II and Korean conflict veterans in section catchline. Subsec. (a). Pub. L. 86211 included children of World War II and Korean conflict veterans, and substituted provisions authorizing the payment of a monthly pension of $35 for one child with $15 for each additional child for provisions which authorized the payment of $27.30 for one child, $40.95 for two children, $54.60 for three children and $7.56 for each additional child. Subsec. (c). Pub. L. 86211 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111275 applicable with respect to pensions paid on or after Dec. 1, 2009, see section 608(d) of Pub. L. 111275, set out as a note under section 1521 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 1977 AmendmentAmendment by Pub. L. 95204 effective Jan. 1, 1978, see section 302 of Pub. L. 95204, set out as a note under section 1122 of this title.
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, § 101, Dec. 23, 1975, 89 Stat. 1013, provided that the amendment made by that section is effective Jan. 1, 1976. Pub. L. 94169, title I, § 104, Dec. 23, 1975, 89 Stat. 1016, as amended by Pub. L. 94432, title I, § 101, Sept. 30, 1976, 90 Stat. 1369, 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. 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 1973 AmendmentAmendment by Pub. L. 93177 effective Jan. 1, 1974, see section 8 of Pub. L. 93177, set out as a note under section 1521 of this title.
Effective Date of 1971 AmendmentAmendment by Pub. L. 92198 effective Jan. 1, 1972, see section 6 of Pub. L. 92198, set out as a note under section 1521 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 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.
Effective Date of 1959 AmendmentAmendment by Pub. L. 86211 effective July 1, 1960, see section 10 of Pub. L. 86211, set out as a note under section 1521 of this title.
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# 38 U.S.C. § 1543 - Net worth limitation
## Text
(a) (1) The Secretary shall deny or discontinue payment of pension to a surviving spouse under section 1541 of this title when the corpus of the estate of the surviving spouse is such that under all the circumstances, including consideration of the income of the surviving spouse and the income of any child from whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of such estate be consumed for the surviving spouses maintenance.
(2) The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), or (e) of section 1541 of this title on account of a child when the corpus of such childs estate is such that under all the circumstances, including consideration of the income of the surviving spouse and such child and the income of any other child for whom the surviving spouse is receiving increased pension, it is reasonable that some part of the corpus of the childs estate be consumed for the childs maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the surviving spouses child for purposes of this chapter.
(b) The Secretary shall deny or discontinue payment of pension to a child under section 1542 of this title when the corpus of the estate of the child is such that under all the circumstances, including consideration of the income of the child, the income of any person with whom such child is residing who is legally responsible for such childs support, and the corpus of the estate of such person, it is reasonable that some part of the corpus of such estates be consumed for the childs maintenance.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1138, § 543; Pub. L. 86211, § 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 94169, title I, § 101(2)(E), Dec. 23, 1975, 89 Stat. 1014; Pub. L. 95588, title I, § 111, Nov. 4, 1978, 92 Stat. 2504; renumbered § 1543 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 543 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “1541” for “541” in pars. (1) and (2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in pars. (1) and (2). Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “1542” for “542”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1978—Pub. L. 95588 designated existing provisions relating to denial or discontinuance of pension payments to surviving spouses as subsec. (a), expanded existing provisions relating to denial or discontinuance of pension payments to children of veterans, and designated such expanded provisions as subsecs. (a)(2) and (b). 1975—Pub. L. 94169 substituted “surviving spouse” for “widow”. 1959—Pub. L. 86211 substituted provisions requiring the denial or discontinuance of payment of pension to a widow or child when the corpus of the estate of the survivor concerned is such that under all the circumstances, including consideration of income, it is reasonable that some part of the corpus be consumed for the survivors maintenance for provisions which authorized the payment of a pension to widows of World War II or Korean conflict veterans. See section 1541 of this title.
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, § 101, Dec. 23, 1975, 89 Stat. 1013, provided that the amendment made by that section is effective Jan. 1, 1976.
Effective Date of 1959 AmendmentAmendment by Pub. L. 86211 effective July 1, 1960, see section 10 of Pub. L. 86211, set out as a note under section 1521 of this title.
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# 38 U.S.C. § 1544 - 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 544 of this chapter, added Pub. L. 9077, title I, § 108(a), Aug. 31, 1967, 81 Stat. 180; amended Pub. L. 91588, § 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 93527, § 5, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 94169, title I, § 105, Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94432, title II, § 205, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95204, title I, § 104, Dec. 2, 1977, 91 Stat. 1457, which authorized an increase by $79 of the monthly rate of pension payable to the surviving spouse if the surviving spouse was entitled to pension under this subchapter and was in need of regular aid and attendance, was repealed by Pub. L. 95588, title I, § 112(a)(1), title IV, § 401, Nov. 4, 1978, 92 Stat. 2505, 2511, effective Jan. 1, 1979.
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