Fabio
76b8ec33a7
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>
56 lines
3.6 KiB
Markdown
56 lines
3.6 KiB
Markdown
---
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type: "LegalText"
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title: "38 U.S.C. § 1102"
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description: "Special provisions relating to surviving spouses"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 38
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title_name: "VETERANS’ BENEFITS"
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chapter_number: "11"
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chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
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section: "1102"
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citation: "38 U.S.C. § 1102"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
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source_identifier: "/us/usc/t38/s1102"
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source_file: "data/legal/raw/us/code/title-38/usc38.xml"
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source_hash: "9d347622b976c9b2c9af3a08adb950c7ab99fef04f9b569c55a6c8434bd41eec"
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raw_snapshot_hash: "372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66"
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text_hash: "be03960410f553d47458267c8531f33e8ea5ca0e6aa927c22befe5686310ac89"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 38 U.S.C. § 1102 - Special provisions relating to surviving spouses
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## Text
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(a) No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran—
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(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
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(2) for one year or more; or
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(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
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(b) Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.
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(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 302; Pub. L. 86–491, June 8, 1960, 74 Stat. 161; Pub. L. 90–77, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, § 404(2)–(4), Sept. 30, 1976, 90 Stat. 1378; renumbered § 1102 and amended Pub. L. 102–83, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)
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## Notes
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Editorial Notes
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Amendments1991—Pub. L. 102–83, § 5(a), renumbered section 302 of this title as this section. Subsec. (b). Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. 1976—Pub. L. 94–433, § 404(4), substituted “surviving spouses” for “widows” in section catchline. Subsec. (a). Pub. L. 94–433, § 404(2), substituted “surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran” for “widow of a veteran under this chapter unless she was married to him”. Subsec. (b). Pub. L. 94–433, § 404(3), substituted “surviving spouse” for “widow” in two places. 1967—Subsec. (a)(2), (3). Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth. 1960—Subsec. (a)(1). Pub. L. 86–491 substituted “fifteen years” for “ten years”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 1976 AmendmentAmendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.
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Effective Date of 1967 AmendmentAmendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
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