US (United States) Code. Title 38. Part II. Chapter 15: Pension for non-service-connected disability or death

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Veterans benefits

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 124 páginas
publicidad

-CITE-

38 USC CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED

DISABILITY OR DEATH OR FOR SERVICE 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

-HEAD-

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

1501. Definitions.

1502. Determinations with respect to disability.

1503. Determinations with respect to annual income.

1504. Persons heretofore having a pensionable status.

1505. Payment of pension during confinement in penal

institutions.

1506. Resource reports and overpayment adjustments.

1507. Disappearance.

1508. Frequency of payment of pension benefits.

SUBCHAPTER II - VETERANS' PENSIONS

SERVICE PENSION

1511. Indian War veterans.

1512. Spanish-American War veterans.

1513. Veterans 65 years of age and older.

NON-SERVICE-CONNECTED DISABILITY PENSION

1521. Veterans of a period of war.

1522. Net worth limitation.

1523. Combination of ratings.

1524. Vocational training for certain pension recipients.

1525. Protection of health-care eligibility.

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

WARS BEFORE WORLD WAR I

1532. Surviving spouses of Civil War veterans.

1533. Children of Civil War veterans.

1534. Surviving spouses of Indian War veterans.

1535. Children of Indian War veterans.

1536. Surviving spouses of Spanish-American War veterans.

1537. Children of Spanish-American War veterans.

OTHER PERIODS OF WAR

1541. Surviving spouses of veterans of a period of war.

1542. Children of veterans of a period of war.

1543. Net worth limitation.

SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF

HONOR ROLL

1560. Medal of Honor Roll; persons eligible.

1561. Certificate.

1562. Special provisions relating to pension.

AMENDMENTS

2001 - Pub. L. 107-103, title II, Sec. 207(a)(2), Dec. 27, 2001,

115 Stat. 991, added item 1513.

1992 - Pub. L. 102-568, title IV, Secs. 402(c)(2)(B), 403(b)(2),

Oct. 29, 1992, 106 Stat. 4337, 4338, substituted "Vocational

training for certain pension recipients" for "Temporary program of

vocational training for certain new pension recipients" in item

1524 and "Protection" for "Temporary protection" in item 1525.

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 501 to 562 as 1501 to 1562, respectively.

Pub. L. 102-25, title III, Sec. 333(c)(2), Apr. 6, 1991, 105

Stat. 88, substituted "Other Periods of War" for "Mexican Border

Period, World War I, World War II, Korean Conflict, and the Vietnam

Era" as subheading preceding item 541.

1986 - Pub. L. 99-576, title VII, Sec. 703(b)(3), Oct. 28, 1986,

100 Stat. 3303, inserted "program of" after "Temporary" in item

524.

1984 - Pub. L. 98-543, title III, Sec. 301(a)(2), Oct. 24, 1984,

98 Stat. 2746, added items 524 and 525.

1982 - Pub. L. 97-295, Sec. 4(14), Oct. 12, 1982, 96 Stat. 1305,

substituted "Honor Roll" for "honor roll" in item 560.

1978 - Pub. L. 95-588, title I, Secs. 104(b), 106(b), 109(b),

110(b), 112(b), Nov. 4, 1978, 92 Stat. 2499, 2502, 2504, 2505,

added item 508, substituted "Veterans of a period of war" for

"Veterans of the Mexican border period, World War I, World War II,

the Korean conflict, or the Vietnam era" in item 521, substituted

"Surviving spouses of veterans of a period of war" for "Surviving

spouses of Mexican border period, World War I, World War II, Korean

conflict, or Vietnam era veterans" in item 541, substituted

"Children of veterans of a period of war" for "Children of Mexican

border period, World War I, World War II, Korean conflict, or

Vietnam era veterans" in item 542, struck out heading "Surviving

Spouses of Veterans of All Periods of War" following item 543, and

struck out item 544.

1975 - Pub. L. 94-169, title I, Secs. 101(2)(J), 106(24), (30),

(38), Dec. 23, 1975, 89 Stat. 1014, 1018, 1019, struck out items

510 relating to confederate forces veterans, and 531 relating to

widows of Mexican War veterans, substituted "Surviving Spouses" for

"Widows" in heading of Subchapter III and subheading preceding item

544, and substituted "Surviving spouses" for "Widows" in items 532,

534, 536 and 541.

1970 - Pub. L. 91-588, Sec. 9(h), Dec. 24, 1970, 84 Stat. 1585,

inserted references to the Mexican border period in subheading

preceding item 541 and in items 521, 541, and 542, respectively.

1967 - Pub. L. 90-77, title I, Sec. 108(b), title II, Sec.

202(i), Aug. 31, 1967, 81 Stat. 180, 183, added item 544 and

included references to Vietnam era in subheading preceding item 541

and in items 521, 541, and 542, respectively.

1966 - Pub. L. 89-467, Sec. 1(b), June 22, 1966, 80 Stat. 218,

added item 507.

1963 - Pub. L. 88-77, Sec. 5(3), July 25, 1963, 77 Stat. 96,

substituted "ARMY, NAVY, AIR FORCE, AND COAST GUARD" for "ARMY,

NAVY, AND AIR FORCE", in heading of Subchapter IV.

1961 - Pub. L. 87-138, Sec. 2(b), Aug. 14, 1961, 75 Stat. 339,

struck out "entitling holder to pension" after "Certificate" in

item 561.

1959 - Pub. L. 86-211, Sec. 7(a), Aug. 29, 1959, 73 Stat. 436,

substituted "Determinations with respect to annual income" for

"Items not considered in determining income" in item 503, "Net

worth limitation" for "Income limitations" in item 522, and "Net

worth limitation" for "Widows of World War II or Korean conflict

veterans" in item 543, included widows of World War II and Korean

conflict veterans in item 541 and children of World War II and

Korean conflict veterans in item 542, added item 506, and struck

out items 544 and 545 which related to children of World War II or

Korean conflict veterans and to income limitations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1312, 1315, 1717, 1718,

5125, 5304, 5306, 5310, 5313B, 5317 of this title; title 26 section

6103; title 31 section 3803; title 42 section 6862.

-End-

-CITE-

38 USC SUBCHAPTER I - GENERAL 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-End-

-CITE-

38 USC Sec. 1501 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1501. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 501; Pub. L.

94-169, title I, Sec. 106(1), Dec. 23, 1975, 89 Stat. 1017; Pub. L.

95-588, title I, Sec. 101, Nov. 4, 1978, 92 Stat. 2497; Pub. L.

102-25, title III, Sec. 333(a), Apr. 6, 1991, 105 Stat. 88;

renumbered Sec. 1501, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105

Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1500 and 1501 were renumbered sections 3100 and

3101 of this title, respectively.

Another prior section 1501, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1171; Pub. L. 93-508, title I, Sec. 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. 96-466. Section

802(a)(3) of Pub. L. 96-466, 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.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 501 of this title as

this section.

Par. (4). Pub. L. 102-25 inserted "the Persian Gulf War," after

"the Vietnam era,".

1978 - Par. (4). Pub. L. 95-588 added par. (4).

1975 - Par. (2). Pub. L. 94-169 substituted "such veteran" for

"him".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

PENSION PROGRAM FOR NONSERVICE-CONNECTED DISABILITY OR DEATH;

REPORT BY ADMINISTRATOR

Pub. L. 94-432, title IV, Sec. 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 ADMINISTRATOR

Pub. L. 93-527, Sec. 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.

-End-

-CITE-

38 USC Sec. 1502 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1502. Determinations with respect to disability

-STATUTE-

(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) helpless or blind,

or so nearly helpless or blind 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 veteran's 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 veteran's lifetime.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 502; Pub. L.

88-664, Sec. 6(b), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77,

title I, Sec. 102, Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-169,

title I, Sec. 106(2), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94-432,

title II, Sec. 201, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 101-508,

title VIII, Sec. 8002(a), Nov. 5, 1990, 104 Stat. 1388-342;

renumbered Sec. 1502 and amended Pub. L. 102-83, Secs. 4(b)(1),

(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 107-103,

title II, Sec. 206(a), Dec. 27, 2001, 115 Stat. 990.)

-MISC1-

PRIOR PROVISIONS

Prior section 1502 was renumbered section 3102 of this title.

Another prior section 1502, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1171; Pub. L. 86-721, Sec. 3, Sept. 8, 1960, 74 Stat. 820;

Pub. L. 87-815, Sec. 7, Oct. 15, 1962, 76 Stat. 927; Pub. L.

89-138, Sec. 2(2), Aug. 26, 1965, 79 Stat. 578; Pub. L. 90-631,

Sec. 1(a), Oct. 23, 1968, 82 Stat. 1331; Pub. L. 92-540, title I,

Sec. 101(1), title III, Sec. 301, Oct. 24, 1972, 86 Stat. 1074,

1080; Pub. L. 93-508, title I, Sec. 101(2), Dec. 3, 1974, 88 Stat.

1578; Pub. L. 94-502, title I, Sec. 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. 96-466. Section 802(a)(3) of Pub. L.

96-466, 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. 87-591, Sec. 1, Aug. 16, 1962, 76

Stat. 393, which related to vocational rehabilitation for blinded

veterans, was repealed by Pub. L. 89-138, Sec. 2(3), Aug. 26, 1965,

79 Stat. 578.

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-103 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. 102-83, Sec. 5(a), renumbered section 502 of this

title as this section.

Subsec. (a)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

1990 - Subsec. (a). Pub. L. 101-508 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. 94-432 inserted "or became

unemployable after age 65," after "or older".

1975 - Subsecs. (a) and (b). Pub. L. 94-169 substituted "such

person" for "he".

Subsec. (c). Pub. L. 94-169 substituted "such veteran's" for

"his" wherever appearing.

1967 - Subsec. (a). Pub. L. 90-77, Sec. 102(a), provided for

consideration of a person sixty-five years of age or older as

permanently and totally disabled.

Subsec. (b). Pub. L. 90-77, Sec. 102(b), added cl. (1) and

designated existing provisions as cl. (2).

1964 - Subsec. (c). Pub. L. 88-664 added subsec. (c).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title II, Sec. 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 AMENDMENT

Section 8002(b) of Pub. L. 101-508 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 AMENDMENT

Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section

405(b) of Pub. L. 94-432, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment 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.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section

11 of Pub. L. 88-664, set out as a note under section 1503 of this

title.

-End-

-CITE-

38 USC Sec. 1503 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1503. Determinations with respect to annual income

-STATUTE-

(a) In determining annual income under this chapter, all payments

of any kind or from any source (including salary, retirement or

annuity payments, or similar income, which has been waived,

irrespective of whether the waiver was made pursuant to statute,

contract, or otherwise) shall be included except -

(1) donations from public or private relief or welfare

organizations;

(2) payments under this chapter;

(3) amounts equal to amounts paid by a spouse of a veteran for

the expenses of such veteran's last illness, and by a surviving

spouse or child of a deceased veteran for -

(A) such veteran's just debts,

(B) the expenses of such veteran's last illness, and

(C) the expenses of such veteran's burial to the extent such

expenses are not reimbursed under chapter 23 of this title;

(4) amounts equal to amounts paid -

(A) by a veteran for the last illness and burial of such

veteran's deceased spouse or child, or

(B) by the spouse of a living veteran or the surviving spouse

of a deceased veteran for the last illness and burial of a

child of such veteran;

(5) reimbursements of any kind for any casualty loss (as

defined in regulations which the Secretary shall prescribe), but

the amount excluded under this clause may not exceed the greater

of the fair market value or reasonable replacement value of the

property involved at the time immediately preceding the loss;

(6) profit realized from the disposition of real or personal

property other than in the course of a business;

(7) amounts in joint accounts in banks and similar institutions

acquired by reason of death of other joint owner;

(8) amounts equal to amounts paid by a veteran, veterans'

spouse, or surviving spouse or by or on behalf of a veteran's

child for unreimbursed medical expenses, to the extent that such

amounts exceed 5 percent of the maximum annual rate of pension

(including any amount of increased pension payable on account of

family members but not including any amount of pension payable

because a person is in need of regular aid and attendance or

because a person is permanently housebound) payable to such

veteran, surviving spouse, or child;

(9) in the case of a veteran or surviving spouse pursuing a

course of education or vocational rehabilitation or training,

amounts equal to amounts paid by such veteran or surviving spouse

for such course of education or vocational rehabilitation or

training, including (A) amounts paid for tuition, fees, books,

and materials, and (B) in the case of such a veteran or surviving

spouse in need of regular aid and attendance, unreimbursed

amounts paid for unusual transportation expenses in connection

with the pursuit of such course of education or vocational

rehabilitation or training, to the extent that such amounts

exceed the reasonable expenses which would have been incurred by

a nondisabled person using an appropriate means of transportation

(public transportation, if reasonably available); and

(10) in the case of a child, any current-work income received

during the year, to the extent that the total amount of such

income does not exceed an amount equal to the sum of -

(A) the lowest amount of gross income for which an income tax

return is required under section 6012(a) of the Internal

Revenue Code of 1986, to be filed by an individual who is not

married (as determined under section 7703 of such Code), is not

a surviving spouse (as defined in section 2(a) of such Code),

and is not a head of household (as defined in section 2(b) of

such Code); and

(B) if the child is pursuing a course of postsecondary

education or vocational rehabilitation or training, the amount

paid by such child for such course of education or vocational

rehabilitation or training, including the amount paid for

tuition, fees, books, and materials.

(b) Where a fraction of a dollar is involved, annual income shall

be fixed at the next lower dollar.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 503; Pub. L.

86-211, Sec. 2(a), Aug. 29, 1959, 73 Stat. 432; Pub. L. 87-268,

Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-664, Sec. 1,

Oct. 13, 1964, 78 Stat. 1094; Pub. L. 90-77, title I, Sec. 103,

Aug. 31, 1967, 81 Stat. 178; Pub. L. 91-588, Sec. 7, Dec. 24, 1970,

84 Stat. 1584; Pub. L. 92-198, Sec. 2, Dec. 15, 1971, 85 Stat. 664;

Pub. L. 92-425, Sec. 6(2), Sept. 21, 1972, 86 Stat. 713; Pub. L.

94-169, title I, Secs. 101(2)(A), 106(3)-(8), Dec. 23, 1975, 89

Stat. 1013, 1017; Pub. L. 95-588, title I, Sec. 102, Nov. 4, 1978,

92 Stat. 2497; Pub. L. 97-295, Sec. 4(13), Oct. 12, 1982, 96 Stat.

1305; Pub. L. 100-687, div. B, title XIV, Sec. 1402(b), Nov. 18,

1988, 102 Stat. 4130; Pub. L. 102-54, Sec. 14(b)(5), June 13, 1991,

105 Stat. 283; renumbered Sec. 1503 and amended Pub. L. 102-83,

Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)

-REFTEXT-

REFERENCES IN TEXT

Sections 2, 6012(a), and 7703 of the Internal Revenue Code of

1986, referred to in subsec. (a)(10)(A), are classified to sections

2, 6012(a), and 7703 of Title 26, Internal Revenue Code,

respectively.

-MISC1-

PRIOR PROVISIONS

Prior section 1503 was renumbered section 3103 of this title.

Another prior section 1503, added Pub. L. 89-138, Sec. 1, Aug.

26, 1965, 79 Stat. 577; amended Pub. L. 91-24, Sec. 8, June 11,

1969, 83 Stat. 34; Pub. L. 94-502, title I, Secs. 102, 104(2), (3),

Oct. 15, 1976, 90 Stat. 2384, related to periods of eligibility for

vocational rehabilitation under chapter 31 of this title, prior to

the general revision of chapter 31 of this title by Pub. L. 96-466.

Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date

note under section 3100 of this title, provided that this prior

section 1503 continue in effect until Mar. 31, 1981.

Another prior section 1503, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1171, was renumbered 1511 by Pub. L. 89-138, Sec. 2(4), Aug.

26, 1965, 79 Stat. 578.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 503 of this

title as this section.

Subsec. (a)(5). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (a)(8). Pub. L. 102-54, Sec. 14(b)(5)(A), substituted

"percent" for "per centum".

Subsec. (a)(10)(A). Pub. L. 102-54, Sec. 14(b)(5)(B), substituted

"Internal Revenue Code of 1986" for "Internal Revenue Code of 1954

(26 U.S.C. 6012(a))" and "section 7703" for "section 143".

1988 - Subsec. (a)(5). Pub. L. 100-687 amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "proceeds

of fire insurance policies;".

1982 - Subsec. (a)(10)(A). Pub. L. 97-295 inserted "(26 U.S.C.

6012(a))" after "Code of 1954".

1978 - Subsec. (a)(1). Pub. L. 95-588, Sec. 102(a)(1), (2),

redesignated par. (2) as (1) and struck out former par. (1) which

related to payments of six-months death gratuity.

Subsec. (a)(2). Pub. L. 95-588, Sec. 102(a)(3), redesignated par.

(3) as (2) and, as so redesignated, struck out ", and chapters 11

and 13 (except section 412(a)) of this title" after "chapter".

Former par. (2) redesignated (1).

Subsec. (a)(3). Pub. L. 95-588, Sec. 102(a)(5), redesignated par.

(7) as (3). Former par. (3) redesignated (2).

Subsec. (a)(4). Pub. L. 95-588, Sec. 102(a)(4), (6), added par.

(4) and struck out former par. (4) which related to payments under

servicemen's life insurance or servicemen's indemnity.

Subsec. (a)(5). Pub. L. 95-588, Sec. 102(a)(4), (7), redesignated

par. (8) as (5) and struck out former par. (5) which related to

lump sum death payments.

Subsec. (a)(6). Pub. L. 95-588, Sec. 102(a)(4), (9), redesignated

par. (10) as (6) and struck out former par. (6) which related to

the ten per cent exclusion for individuals under public or private

retirement, annuity, endowment, or similar programs.

Subsec. (a)(7). Pub. L. 95-588, Sec. 102(a)(11), redesignated

par. (15) as (7). Former par. (7) redesignated (3).

Subsec. (a)(8). Pub. L. 95-588, Sec. 102(a)(13), added par. (8).

Former par. (8) redesignated (5).

Subsec. (a)(9). Pub. L. 95-588, Sec. 102(a)(8), (13), added par.

(9) and struck out former par. (9) which related to payments for

final illness and burial.

Subsec. (a)(10). Pub. L. 95-588, Sec. 102(a)(13), added par.

(10). Former subsec. (10) redesignated (6).

Subsec. (a)(11) to (14). Pub. L. 95-588, Sec. 102(a)(10), struck

out pars. (11) to (14) which related to payments for discharge of

jury duty, educational assistance allowances, bonuses based on

service in the Armed Forces, and indebtednesses secured by

mortgages, respectively.

Subsec. (a)(15). Pub. L. 95-588, Sec. 102(a)(11), redesignated

par. (15) as (7).

Subsec. (a)(16), (17). Pub. L. 95-588, Sec. 102(a)(12), struck

out pars. (16) and (17) which related to payments received by

retired persons and payments of annuities, respectively.

Subsec. (c). Pub. L. 95-588, Sec. 102(b), struck out former

subsec. (c) which related to the power of the Administrator to

exclude from income amounts paid by a veteran, surviving spouse, or

child for unusual medical expenses.

1975 - Subsec. (a)(7). Pub. L. 94-169, Sec. 106(3), (4),

substituted "spouse" for "wife", "such veteran's" for "his" and

"surviving spouse" for "widow" in introductory clause and "such

veteran's" for "his" in subcls. (A), (B) and (C).

Subsec. (a)(9). Pub. L. 94-169, Sec. 106(5), substituted "such

veteran's" for "his" in subcl. (A) and "surviving spouse" and

"spouse" for "widow" and "wife", respectively, in subcl. (B).

Subsec. (a)(14). Pub. L. 94-169, Sec. 106(6), substituted "such

veteran's surviving spouse" for "his widow".

Subsec. (a)(16). Pub. L. 94-169, Secs. 101(2)(A), 106(7),

inserted "and" after "as amended;", and substituted "such

employee's" for "his", respectively.

Subsec. (c). Pub. L. 94-169, Sec. 106(8), substituted "surviving

spouse" for "widow".

1972 - Par. (17). Pub. L. 92-425 substituted "subchapter I of

chapter 73 of title 10" for "chapter 73 of title 10".

1971 - Pub. L. 92-198 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

1970 - Par. (4). Pub. L. 91-588, Sec. 7(1), inserted reference to

servicemen's group life insurance.

Pars. (14) to (17). Pub. L. 91-588, Sec. 7(3), added pars. (14)

to (17).

1967 - Par. (7). Pub. L. 90-77, Sec. 103(a), provided for

exclusion of amounts paid by a wife of a veteran for the expenses

of his past illness.

Par. (9). Pub. L. 90-77, Sec. 103(b), designated existing

provisions as subpar. (A) and added subpar. (B).

1964 - Par. (6). Pub. L. 88-664, Sec. 1(a), inserted "10 per

centum of the amount of" before "payments" and struck out "equal to

his contributions thereto" after "programs".

Pars. (9) to (13). Pub. L. 88-664, Sec. 1(b), added pars. (9) to

(13).

1961 - Pub. L. 87-268 substituted "section 412(a)" for "section

412".

1959 - Pub. L. 86-211 among other changes, required the inclusion

of all payments of any kind or from any source (including salary,

retirement or annuity payments, or similar income, which has been

waived), and permitted the exclusion of donations from public or

private relief or welfare organizations, payments under policies of

United States Government life insurance or National Service Life

Insurance, and payments of servicemen's indemnity, lump sum death

payments, payments to an individual under public or private

retirement, annuity, endowment, or similar plans or programs equal

to his contributions thereto, amounts equal to amounts paid by a

widow or child for the veteran's just debts, expenses of his last

illness, and expenses of his burial to the extent such expenses are

not reimbursed under chapter 23 of this title, and proceeds of life

insurance policies.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Sections 101 and 106 of Pub. L. 94-169 provided that the

amendments made by those sections are effective Jan. 1, 1976.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6

of Pub. L. 92-198, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section

10(a) of Pub. L. 91-588, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment 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.

EFFECTIVE DATE OF 1964 AMENDMENT

Section 11 of Pub. L. 88-664 provided that:

"(a) Except as otherwise provided herein, this Act [amending this

section and sections 502, 506, 521, 541, 542, 612, and 3104 [now

1502, 1506, 1521, 1541, 1542, 1712, and 5304] of this title and

enacting provisions set out as a note under section 1521 of this

title] shall take effect on January 1, 1965.

"(b) The amendment to paragraph (6) of section 503 [now 1503],

title 38, United States Code, shall not apply to any individual

receiving pension on December 31, 1964, under chapter 15 of said

title, or subsequently determined entitled to such pension for said

day, until his contributions have been recouped under the provision

of that paragraph in effect on December 31, 1964."

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3

of Pub. L. 87-268, set out as a note under section 1312 of this

title.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-211 effective July 1, 1960, see section

10 of Pub. L. 86-211, set out as an Effective Date note under

section 1506 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111, 1710, 1710B, 1722A

of this title.

-End-

-CITE-

38 USC Sec. 1504 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1504. Persons heretofore having a pensionable status

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 504; renumbered

Sec. 1504, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

PRIOR PROVISIONS

Prior section 1504 was renumbered section 3104 of this title.

Another prior section 1504, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1172; Pub. L. 89-137, Sec. 1(a), Aug. 26, 1965, 79 Stat. 576;

Pub. L. 90-431, July 26, 1968, 82 Stat. 447; Pub. L. 91-219, title

I, Sec. 101, Mar. 26, 1970, 84 Stat. 76; Pub. L. 92-540, title I,

Sec. 101(2), Oct. 24, 1972, 86 Stat. 1074; Pub. L. 93-508, title I,

Sec. 101(3), Dec. 3, 1974, 88 Stat. 1579; Pub. L. 93-602, title II,

Sec. 202, Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94-502, title I,

Secs. 101, 104(4), Oct. 15, 1976, 90 Stat. 2383, 2384; Pub. L.

95-202, title I, Sec. 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. 96-466,

title VIII, Sec. 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See

section 3108 of this title.

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 504 of this title as

this section.

-End-

-CITE-

38 USC Sec. 1505 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1505. Payment of pension during confinement in penal

institutions

-STATUTE-

(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, or local penal institution as a

result of conviction of a felony or misdemeanor for any part of the

period beginning sixty-one days after such individual's

imprisonment begins and ending when such individual's 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 veteran's 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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 505; Pub. L.

94-169, title I, Sec. 106(9)-(11), Dec. 23, 1975, 89 Stat. 1017;

renumbered Sec. 1505 and amended Pub. L. 102-83, Secs. 4(a)(1),

(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406.)

-MISC1-

PRIOR PROVISIONS

Prior section 1505 was renumbered section 3105 of this title.

Another prior section 1505, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1172; Pub. L. 94-502, title I, Sec. 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. 96-466. Section 802(a)(3) of Pub. L. 96-466, 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.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 505 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration".

Subsecs. (b), (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

1975 - Subsec. (a). Pub. L. 94-169, Sec. 106(9), substituted

"such individual's" for "his" wherever appearing.

Subsec. (b). Pub. L. 94-169, Sec. 106(10), substituted "such

veteran's spouse" for "his wife".

Subsec. (c). Pub. L. 94-169, Sec. 106(11), substituted "surviving

spouse" for "widow" wherever appearing.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

-End-

-CITE-

38 USC Sec. 1506 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1506. Resource reports and overpayment adjustments

-STATUTE-

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 child's 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 child's

support;

(B) such applicant's or recipient's 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

child's 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 child's 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.

-SOURCE-

(Added Pub. L. 86-211, Sec. 2(b), Aug. 29, 1959, 73 Stat. 432, Sec.

506; amended Pub. L. 88-664, Sec. 2, Oct. 13, 1964, 78 Stat. 1094;

Pub. L. 91-588, Sec. 6, Dec. 24, 1970, 84 Stat. 1584; Pub. L.

94-169, title I, Sec. 106(12)-(14), Dec. 23, 1975, 89 Stat. 1017;

Pub. L. 95-588, title I, Sec. 103, Nov. 4, 1978, 92 Stat. 2498;

Pub. L. 96-466, title VI, Sec. 605(c)(2), Oct. 17, 1980, 94 Stat.

2211; renumbered Sec. 1506 and amended Pub. L. 102-83, Secs.

4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

404-406; Pub. L. 103-271, Sec. 9(b), July 1, 1994, 108 Stat. 743.)

-MISC1-

PRIOR PROVISIONS

Prior section 1506 was renumbered section 3106 of this title.

Another prior section 1506, Pub. L. 85-857, 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. 96-466. Section 802(a)(3) of

Pub. L. 96-466, 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.

AMENDMENTS

1994 - Par. (2). Pub. L. 103-271, Sec. 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. 103-271, Sec. 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

applicant's or recipient's estimate of" before "the value of the

corpus of the estate of such applicant".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 506 of this

title as this section.

Pub. L. 102-83, Sec. 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. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in introductory provisions and pars. (1), (2), and

(4).

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in par. (2) introductory provisions.

1980 - Pub. L. 96-466 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. 95-588 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. 94-169 substituted "the

Administrator" for "he" in par. (1), "the Administrator" for "him",

"such person" for "he" and "such person's" for "his" wherever

appearing, in par. (2), and "such person's" for "his" wherever

appearing, in par. (3).

1970 - Subsec. (a)(2). Pub. L. 91-588 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. 88-664 inserted ", other than a

child," after "person".

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as

otherwise specifically provided, see section 802(f) of Pub. L.

96-466, set out as a note under section 5314 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-588 effective Jan. 1, 1972, see section

10(b) of Pub. L. 91-588, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section

11 of Pub. L. 88-664, set out as a note under section 1503 of this

title.

EFFECTIVE DATE

Section 10 of Pub. L. 86-211 provided that: "This Act [see Tables

for classification] shall take effect on July 1, 1960."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1507 of this title.

-End-

-CITE-

38 USC Sec. 1507 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1507. Disappearance

-STATUTE-

Where a veteran receiving pension under subchapter II of this

chapter disappears, the Secretary may pay the pension otherwise

payable to such veteran's 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.

-SOURCE-

(Added Pub. L. 89-467, Sec. 1(a), June 22, 1966, 80 Stat. 218, Sec.

507; amended Pub. L. 94-169, title I, Sec. 106(15), Dec. 23, 1975,

89 Stat. 1017; renumbered Sec. 1507 and amended Pub. L. 102-83,

Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

404-406.)

-MISC1-

PRIOR PROVISIONS

Prior section 1507 was renumbered section 3107 of this title.

Another prior section 1507, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1173; Pub. L. 92-540, title I, Sec. 101(3), Oct. 24, 1972, 86

Stat. 1074; Pub. L. 94-502, title I, Sec. 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. 96-466,

title VIII, Sec. 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See

section 3112 of this title.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 507 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1506(a)" for "506(a)".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

1975 - Pub. L. 94-169 struck out "in his discretion" after

"Administrator" and substituted "payable to such veteran's spouse"

for "payable to his wife," and "made to a spouse" for "made to a

wife".

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

-End-

-CITE-

38 USC Sec. 1508 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1508. Frequency of payment of pension benefits

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 95-588, title I, Sec. 104(a), Nov. 4, 1978, 92 Stat.

2499, Sec. 508; amended Pub. L. 102-54, Sec. 14(b)(6), June 13,

1991, 105 Stat. 283; renumbered Sec. 1508 and amended Pub. L.

102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 404-406.)

-MISC1-

PRIOR PROVISIONS

Prior section 1508 was renumbered section 3108 of this title.

Another prior section 1508, Pub. L. 85-857, Sept. 2, 1958, 72

Stat. 1173; Pub. L. 94-502, title I, Sec. 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. 96-466. Section 802(a)(3) of Pub. L. 96-466, 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. 85-857, Sept. 2, 1958, 72

Stat. 1173; Pub. L. 94-502, title I, Sec. 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. 96-466.

Section 802(a)(3) of Pub. L. 96-466, 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. 85-857, Sept. 2, 1958, 72

Stat. 1173; Pub. L. 94-502, title I, Sec. 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. 96-466. Section 802(a)(3) of Pub. L.

96-466, 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.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 508 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521,

1541, and 1542" for "521, 541, and 542".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521,

1541, and 1542" for "521, 541, and 542" and "1521(b)" for "521(b)".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Pub. L. 102-54 substituted "percent" for "per centum".

EFFECTIVE DATE

Section effective Jan. 1, 1979, see section 401 of Pub. L.

95-588, set out as an Effective Date of 1978 Amendment note under

section 101 of this title.

-End-

-CITE-

38 USC SUBCHAPTER II - VETERANS' PENSIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

-HEAD-

SUBCHAPTER II - VETERANS' PENSIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1504, 1507 of this

title.

-End-

-CITE-

38 USC Service Pension 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

Service Pension

-HEAD-

SERVICE PENSION

-End-

-CITE-

38 USC Sec. 1510 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

Service Pension

-HEAD-

[Sec. 1510. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 501 to 543 of this chapter as

sections 1501 to 1543 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 510 of this chapter, Pub. L. 85-857, 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. 94-169, title I, Sec. 101(2)(F),

Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.

-End-

-CITE-

38 USC Sec. 1511 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

Service Pension

-HEAD-

Sec. 1511. Indian War veterans

-STATUTE-

(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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, Sec. 511; Pub. L.

86-670, Sec. 1, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title

I, Sec. 111(a), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title

I, Sec. 106(16), Dec. 23, 1975, 89 Stat. 1017; renumbered Sec. 1511

and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

PRIOR PROVISIONS

Prior section 1511 was renumbered section 3111 of this title.

Another prior section 1511, Pub. L. 85-857, Sept. 2,1958, 72

Stat. 1171, Sec. 1503, renumbered Pub. L. 89-138, Sec. 2(4), Aug.

26, 1965, 79 Stat. 578, and amended Pub. L. 94-502, title , Secs.

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. 96-466.

Section 802(a)(3) of Pub. L. 96-466, 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.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 511 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in introductory provisions.

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for

"521" in pars. (1) and (2).

Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

1975 - Subsecs. (b), (c). Pub. L. 94-169 substituted "such

veteran" for "he" wherever appearing.

1967 - Subsec. (c). Pub. L. 90-77 designated existing provisions

as par. (1), inserted "except as provided in paragraph (2)", and

added par. (2).

1960 - Subsec. (c). Pub. L. 86-670 added subsec. (c).

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment 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.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 3 of Pub. L. 86-670 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]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1534, 1535 of this title.

-End-

-CITE-

38 USC Sec. 1512 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

Service Pension

-HEAD-

Sec. 1512. Spanish-American War veterans

-STATUTE-

(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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, Sec. 512; Pub. L.

86-670, Sec. 2, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title

I, Sec. 111(b), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title

I, Sec. 106(17), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588,

title I, Sec. 105, Nov. 4, 1978, 92 Stat. 2500; renumbered Sec.

1512 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

PRIOR PROVISIONS

A prior section 1512 was renumbered section 3112 of this title.

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 512 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in introductory provisions.

Subsec. (a)(3)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1521" for "521".

Subsec. (a)(3)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted

"1521" for "521".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

Subsec. (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in introductory provisions.

1978 - Subsec. (a)(3)(A). Pub. L. 95-588, Sec. 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. 95-588, Sec. 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. 94-169 substituted "such veteran" for

"he" wherever appearing.

Subsec. (b). Pub. L. 94-169 substituted "such veteran" for "he".

1967 - Subsec. (a)(3). Pub. L. 90-77 designated existing

provisions as subpar. (A), inserted "except as provided in

subparagraph (B)", and added subpar. (B).

1960 - Subsec. (a)(3). Pub. L. 86-670 added cl. (3).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment 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.

EFFECTIVE DATE OF 1960 AMENDMENT

Amendment by Pub. L. 86-670 effective first day of second

calendar month which begins after July 14, 1960, see section 3 of

Pub. L. 86-670, set out as a note under section 1511 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1536, 1537 of this title.

-End-

-CITE-

38 USC Sec. 1513 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

Service Pension

-HEAD-

Sec. 1513. Veterans 65 years of age and older

-STATUTE-

(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

1521 (!1) 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.

-SOURCE-

(Added Pub. L. 107-103, title II, Sec. 207(a)(1), Dec. 27, 2001,

115 Stat. 991.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1513 to 1520 were renumbered sections 3113 to 3120

of this title, respectively.

EFFECTIVE DATE

Pub. L. 107-103, title II, Sec. 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1521, 1522 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "section".

-End-

-CITE-

38 USC Non-Service-Connected Disability Pension 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

Non-Service-Connected Disability Pension

-HEAD-

NON-SERVICE-CONNECTED DISABILITY PENSION

-End-

-CITE-

38 USC Sec. 1521 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

Non-Service-Connected Disability Pension

-HEAD-

Sec. 1521. Veterans of a period of war

-STATUTE-

(a) The Secretary shall pay to each veteran of a period of war

who meets the service requirements of this section (as prescribed

in subsection (j) of this section) and who is permanently and

totally disabled from non-service-connected disability not the

result of the veteran's willful misconduct, pension at the rate

prescribed by this section, as increased from time to time under

section 5312 of this title.

(b) If the veteran is unmarried (or married but not living with

or reasonably contributing to the support of such veteran's spouse)

and there is no child of the veteran in the custody of the veteran

or to whose support the veteran is reasonably contributing, and

unless the veteran is entitled to pension at the rate provided by

subsection (d)(1) or (e) of this section, pension shall be paid to

the veteran at the annual rate of $3,550, reduced by the amount of

the veteran's annual income.

(c) If the veteran is married and living with or reasonably

contributing to the support of such veteran's spouse, or if there

is a child of the veteran in the custody of the veteran or to whose

support the veteran is reasonably contributing, pension shall be

paid to the veteran at the annual rate of $4,651, unless the

veteran is entitled to pension at the rate provided by subsection

(d)(2), (e), or (f) of this section. If the veteran has two or more

such family members, such annual rate shall be increased by $600

for each such family member in excess of one. The rate payable

shall be reduced by the amount of the veteran's annual income and,

subject to subsection (h)(1) of this section, the amount of annual

income of such family members.

(d)(1) If the veteran is in need of regular aid and attendance,

the annual rate of pension payable to the veteran under subsection

(b) of this section shall be $5,680, reduced by the amount of the

veteran's annual income.

(2) If the veteran is in need of regular aid and attendance, the

annual rate of pension payable to the veteran under subsection (c)

of this section shall be $6,781. If such veteran has two or more

family members, as described in subsection (c) of this section, the

annual rate of pension shall be increased by $600 for each such

family member in excess of one. The rate payable shall be reduced

by the amount of the veteran's annual income and, subject to

subsection (h)(1) of this section, the amount of annual income of

such family members.

(e) If the veteran has a disability rated as permanent and total

and (1) has additional disability or disabilities independently

ratable at 60 per centum or more, or (2) by reason of a disability

or disabilities, is permanently housebound but does not qualify for

pension at the aid and attendance rate provided by subsection (d)

of this section, the annual rate of pension payable to the veteran

under subsection (b) of this section shall be $4,340 and the annual

rate of pension payable to the veteran under subsection (c) of this

section shall be $5,441. If such veteran has two or more family

members, as described in subsection (c) of this section, the annual

rate of pension shall be increased by $600 for each such family

member in excess of one. The rate payable shall be reduced by the

amount of the veteran's annual income and, subject to subsection

(h)(1) of this section, the annual income of such family members.

(f)(1) If two veterans are married to one another and each meets

the disability and service requirements prescribed in subsections

(a) and (j), respectively, of this section, or the age and service

requirements prescribed in section 1513 of this title, the annual

rate of pension payable to such veterans shall be a combined annual

rate of $4,651.

(2) If either such veteran is in need of regular aid and

attendance, the annual rate provided by paragraph (1) of this

subsection shall be $6,781. If both such veterans are in need of

regular aid and attendance, such rate shall be $8,911.

(3) If either such veteran would be entitled (if not married to a

veteran) to pension at the rate provided by subsection (e) of this

section, the annual rate provided by paragraph (1) of this

subsection shall be $5,441. If both such veterans would be entitled

(if not married to one another) to such rate, such rate shall be

$6,231.

(4) If one such veteran is in need of regular aid and attendance

and the other would be entitled (if not married to a veteran) to

the rate provided for under subsection (e) of this section, the

annual rate provided by paragraph (1) of this subsection shall be

$7,571.

(5) The annual rate provided by paragraph (1), (2), (3), or (4)

of this subsection, as appropriate, shall (A) be increased by $600

for each child of such veterans (or of either such veteran) who is

in the custody of either or both such veterans or to whose support

either such veteran is, or both such veterans are, reasonably

contributing, and (B) be reduced by the amount of the annual income

of both such veterans and, subject to subsection (h)(1) of this

section, the annual income of each such child.

(g) The annual rate of pension payable under subsection (b), (c),

(d), (e), or (f) of this section to any veteran who is a veteran of

a period of war shall be increased by $800 if veterans of such

period of war were not provided educational benefits or home loan

benefits similar to those provided to veterans of later periods of

war under chapters 34 and 37, respectively, of this title or under

prior corresponding provisions of law.

(h) For the purposes of this section:

(1) In determining the annual income of a veteran, if there is

a child of the veteran who is in the custody of the veteran or to

whose support the veteran is reasonably contributing, that

portion of the annual income of the child that is reasonably

available to or for the veteran shall be considered to be income

of the veteran, unless in the judgment of the Secretary to do so

would work a hardship on the veteran.

(2) A veteran shall be considered as living with a spouse, even

though they reside apart, unless they are estranged.

(i) If the veteran is entitled under this section to pension on

the basis of such veteran's own service and is also entitled to

pension on the basis of any other person's service, the Secretary

shall pay such veteran only the greater benefit.

(j) A veteran meets the service requirements of this section if

such veteran served in the active military, naval, or air service -

(1) for ninety days or more during a period of war;

(2) during a period of war and was discharged or released from

such service for a service-connected disability;

(3) for a period of ninety consecutive days or more and such

period began or ended during a period of war; or

(4) for an aggregate of ninety days or more in two or more

separate periods of service during more than one period of war.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 521; Pub. L.

86-211, Sec. 3(a), Aug. 29, 1959, 73 Stat. 433; Pub. L. 87-101,

Sec. 1, July 21, 1961, 75 Stat. 218; Pub. L. 88-664, Secs. 3(a),

(b), 5, 6(a), 7, Oct. 13, 1964, 78 Stat. 1094, 1095; Pub. L. 90-77,

title I, Sec. 104, title II, Sec. 202(a)-(c), Aug. 31, 1967, 81

Stat. 179, 182; Pub. L. 90-275, Sec. 1(a), (b), Mar. 28, 1968, 82

Stat. 64, 65; Pub. L. 91-588, Secs. 1(a), (b), 3(b), 9(c), Dec. 24,

1970, 84 Stat. 1580, 1583, 1584; Pub. L. 92-198, Secs. 1(a), (b),

5(b), Dec. 15, 1971, 85 Stat. 663, 664; Pub. L. 93-177, Sec. 1(a),

(b), Dec. 6, 1973, 87 Stat. 694; Pub. L. 93-527, Sec. 2, Dec. 21,

1974, 88 Stat. 1702; Pub. L. 94-169, title I, Secs. 102, 106(18),

Dec. 23, 1975, 89 Stat. 1014, 1018; Pub. L. 94-432, title II, Sec.

202, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 95-204, title I, Sec.

101, Dec. 2, 1977, 91 Stat. 1455; Pub. L. 95-588, title I, Sec.

106(a), Nov. 4, 1978, 92 Stat. 2500; Pub. L. 102-40, title IV, Sec.

402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1521 and

amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,

105 Stat. 404-406; Pub. L. 107-103, title II, Sec. 207(b)(1), Dec.

27, 2001, 115 Stat. 991.)

-MISC1-

PRIOR PROVISIONS

Prior section 1521 was renumbered section 3121 of this title.

AMENDMENTS

2001 - Subsec. (f)(1). Pub. L. 107-103 inserted "or the age and

service requirements prescribed in section 1513 of this title,"

after "of this section,".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 521 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-40 substituted "5312" for "3112".

Subsecs. (h)(1), (i). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

1978 - Subsec. (a). Pub. L. 95-588 revised pension eligibility

requirements to speak in terms of a veteran of any period of war

rather than veterans of specifically named wars and inserted

reference to periodic pension increases pursuant to section 3112 of

this title.

Subsec. (b). Pub. L. 95-588 qualified parental requirement of

this subsection by inserting custody provision, substituted a fixed

pension amount of $3,550 for a formula for determining such annual

pension based upon the annual income of the veteran, and struck out

monthly minimum and maximum pension payments.

Subsec. (c). Pub. L. 95-588 qualified parental requirement of

this subsection by inserting custody provision, substituted a fixed

pension amount of $4,651 for a formula for determining such annual

pension based upon annual income of the veteran, and inserted

provision authorizing an annual pension rate increase of $600 for

each family member of the eligible veteran in excess of one.

Subsec. (d). Pub. L. 95-588 substituted $5,680 as annual rate of

pension payable to a veteran in need of regular aid and attendance

under subsec. (b) of this section and $6,781 as such rate payable

to such veteran under subsec. (c) of this section for provision

authorizing a rate increase of $165 over and above the rate of

pension payable under the applicable subsection in order to

determine the rate payable to eligible veterans under this section

and revised the method of reducing payments under this section by

use of the recipient's annual income.

Subsec. (e). Pub. L. 95-588 substituted $4,340 as annual rate of

pension payable under subsec. (b) of this section for veterans

eligible as recipients under this section and $5,441 as such annual

rate under subsec. (c) of this section for provision authorizing

rate increases of $61 per month for eligible veterans over and

above the appropriate rate of pension payment under the applicable

subsection, inserted provision authorizing increases of $600 per

year in pension rates for recipients with eligible family members

in excess of one, and provided for an annual income reduction in

the pension rate payable.

Subsec. (f). Pub. L. 95-588 substituted provisions relating to

pension payments to veterans married to each other for provisions

authorizing the inclusion of a spouse's annual income reasonably

available to an eligible veteran in the computation of the annual

income of an eligible veteran.

Subsec. (g). Pub. L. 95-588 substituted provisions authorizing

annual pension payment rate increases of $800 per year for eligible

veterans who served in periods of war which did not entitle them to

educational or home loan benefits similar to those paid veterans of

subsequent periods of war for provisions specifying the eligibility

service requirements of this section.

Subsec. (h). Pub. L. 95-588 substituted provisions authorizing

inclusion of income of a dependent child in custody of recipient

veteran in computing annual income of such veteran and authorizing

consideration of a veteran and his or her spouse as living

together, even though they actually live apart, for provisions

authorizing a twenty-five per cent rate increase in pension

payments to a veteran who has attained age seventy-eight.

Subsecs. (i), (j). Pub. L. 95-588 added subsecs. (i) and (j).

1977 - Subsec. (b)(1). Pub. L. 95-204, Sec. 101(1), increased

monthly rate of pension from $185 to $197, and substituted "1,100"

for "1,500" in two places, "1,700" for "1,800" in two places, and

"3,770" for "3,540".

Subsec. (b)(3). Pub. L. 95-204, Sec. 101(2), substituted "$3,770"

for "$3,540".

Subsec. (c)(1). Pub. L. 95-204, Sec. 101(3), increased monthly

rates of pension from $199 to $212, $204 to $217, and $209 to $222,

and substituted "1,000" for "1,100" in two places, "2,000" for

"2,400" in two places, "3,000" for "3,100" in two places, "3,200"

for "3,500" in two places, "3,600" for "3,700" in two places and

"5,070" for "4,760".

Subsec. (c)(3). Pub. L. 95-204, Sec. 101(4), substituted "$5,070"

for "$4,760".

Subsec. (d). Pub. L. 95-204, Sec. 101(5), substituted "$165" for

"$155" in pars. (1) and (2).

Subsec. (e). Pub. L. 95-204, Sec. 101(6), substituted "$61" for

"$57".

1976 - Subsec. (b)(1). Pub. L. 94-432, Sec. 202(1), increased

monthly rate of pension from $173 to $185 and substituted $700 to

$900 for $700 to $1,200, $900 to $1,500 for $1,200 to $1,700,

$1,500 to $1,800 for $1,700 to $2,000, and $1,800 to $3,540 for

$2,000 to $3,300.

Subsec. (b)(3). Pub. L. 94-432, Sec. 202(2), substituted "$3,540"

for "$3,300".

Subsec. (c)(1). Pub. L. 94-432, Sec. 202(3), increased monthly

rate of pension by $13 from $186 to $199, from $191 to $204, and

from $196 to $209, of a veteran with 1, 2, and 3 dependents,

substituting "he or she" for "such veteran" in three places,

substituted $700 to $1100 for $700 to $1,300, $1,100 to $2,400 for

$1,300 to $2,800, $2,400 to $3,100 for $2,800 to $3,200, $3,100 to

$3,500 for $3,200 to $3,800, and $3,700 to $4,760 for $3,800 to

$4,500, and inserted ".07" ranging from $3,500 to $3,700.

Subsec. (c)(3). Pub. L. 94-432, Sec. 202(4), substituted "$4,760"

for "$4,500".

Subsec. (d). Pub. L. 94-432, Sec. 202(5), designated existing

provisions as par. (1), substituted "$155" for "$133" and added

par. (2).

Subsec. (e). Pub. L. 94-432, Sec. 202(6), substituted "$57" for

"$53".

Subsec. (h). Pub. L. 94-432, Sec. 202(7), added subsec. (h).

1975 - Subsec. (b). Pub. L. 94-169, Sec. 102(1), increased,

effective for period beginning Jan. 1, 1976, and ending Sept. 30,

1976, monthly rate of pension from $160 to $173, substituted $500

to $700 for $500 to $900, $700 to $1200 for $900 to $1500, $1200 to

$1700 for $1500 to $1900, $1700 to $2000 for $1900 to $2300, $2000

to $3300 for $2300 to $3000 the minimum and maximum income ranges

for which the pension rate will be reduced by 4, 5, 6, 7 and 8

cents per dollar, respectively, and increased from $3000 to $3300

the maximum income in excess of which no pension shall be paid.

Subsec. (c). Pub. L. 94-169, Sec. 102(1), increased, effective

for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, from

$172 to $186, from $177 to $191 and from $182 to $196 the rate of

pension of a veteran with 1, 2 and 3 dependents, respectively,

substituted $700 to $1300 for $700 to $1800, $1300 to $2800 for

$1800 to $3000, $2800 to $3200 for $3000 to $3500, $3200 to $3800

for $3500 to $3800, and $3800 to $4500 for $4000 to $4200 the

minimum and maximum income ranges for which the pension rate will

be reduced by 3, 4, 5, 6 and 8 cents per dollar, respectively,

struck out the income range of $3800 to $4000 for which the

reduction rate is 7 cents per dollar, increased from $4200 to $4500

the income in excess of which no pension shall be paid, and

inserted provision that in no case may the amount of pension be

less than $5 monthly.

Subsec. (d). Pub. L. 94-169, Sec. 102(2), substituted, effective

for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "such

veteran" for "him" and "$133" for "$123".

Subsec. (e). Pub. L. 94-169, Sec. 102(3), substituted, effective

for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "such

veteran's" for "his", "such veteran" for "him" and "$53" for "$49".

Subsec. (g). Pub. L. 94-169, Sec. 106(18), substituted "such

veteran" for "he".

1974 - Subsec. (b). Pub. L. 93-527, Sec. 2(1), substituted "$160"

for "$143", "$500" for "$800" wherever appearing, "$900" for

"$1300" wherever appearing, "$1500" for "$1600" wherever appearing,

"$1900" for "$2200" wherever appearing, "$2300" for "$2500"

wherever appearing, and "$3000" for "$2600" wherever appearing, and

inserted provision that in no event should monthly rate of pension

be less than $5.00.

Subsec. (c). Pub. L. 93-527, Sec. 2(2), substituted "$172" for

"$154", "$177" for "$159", "$182" for "$164", "$700" for "$800"

wherever appearing, "$1800" for "$2600" wherever appearing, "$3000"

for "$3200" wherever appearing, "$3500" for "$3700" wherever

appearing, and inserted provisions for the reduction by 7 cents for

each dollar of annual income in excess of $3800 up to and including

$4000, and reduction by 8 cents for each dollar of annual income in

excess of $4000 up to and including $4200, and raised maximum

income from $3800 to $4200.

Subsec. (d). Pub. L. 93-527, Sec. 2(3), substituted "$123" for

"$110".

Subsec. (e). Pub. L. 93-527, Sec. 2(4), substituted "$49" for

"$44".

1973 - Subsec. (b). Pub. L. 93-177, Sec. 1(a), substituted "$143"

for "$130", "$800" for "$1,000", "$1,300" for "$1,500", "$1,600"

for "$1,800", and "$2,500" for "$2,600" in existing provisions and

inserted provision for a reduction of 8 cents in monthly rate for

each $1 of annual income in excess of $2,500 up to and including

$2,600.

Subsec. (c). Pub. L. 93-177, Sec. 1(b), substituted "$154" for

"$140", "$159" for "$145", "$164" for "$150", "$800" for "$900",

"$2,600" for "$3,200", and "$3,700" for "$3,800" in existing

provisions and inserted provisions for a reduction of 4 cents in

monthly rate for each $1 of annual income in excess of $2,600 up to

and including $3,200 and for a reduction of 6 cents in monthly rate

for each $1 of annual income in excess of $3,700 up to and

including $3,800.

1971 - Subsec. (b). Pub. L. 92-198, Sec. 1(a), substituted

formula for computing monthly pension rates of single veteran

providing for a maximum monthly pension for each group within

designated income category and for computing each individual's

monthly benefit rate by reducing the maximum rate by a specified

number of cents for each dollar by which the minimum income

limitation for that group is exceeded, for table setting out the

income and pension rates, and raised the maximum income from $2300

to $2600.

Subsec. (c). Pub. L. 92-198, Sec. 1(b), substituted formula for

computing monthly pension rates of veteran with dependents by

providing for maximum monthly pension for each group within

designated income category depending on the number of dependents

and for computing each individual's monthly benefit rate by

reducing the maximum rate by a specified number of cents for each

dollar by which the minimum income limitation for that group is

exceeded, for table setting out the income and pension rates, and

raised the maximum income limit from $3500 to $3800.

Subsec. (g)(3). Pub. L. 92-198, Sec. 5(b), inserted reference to

Mexican border period.

1970 - Pub. L. 91-588, Sec. 9(c)(3), inserted reference to

Mexican border period in section catchline.

Subsec. (a). Pub. L. 91-588, Sec. 9(c)(1), inserted reference to

Mexican border period.

Subsec. (b). Pub. L. 91-588, Sec. 1(a), provided new annual

income limits to measure monthly pension rates of single veteran by

adding minimum income limits of $2,000, $2,100 and $2,200 with

maximum limits of $2,100, $2,200 and $2,300 for monthly benefits of

$45, $37 and $29, respectively, and within existing annual income

limits from a maximum of $300 to a maximum of $2,000, as well as

the in-between limits set out in one-hundred dollar increments, the

applicable monthly benefit for each limit was amended, respectively

by substituting in column II "121" for "$110", "119" for "108",

"117" for "106", "115" for "104", "112" for "100", "108" for "96",

"104" for "92", "100" for "88", "96" for "84", "92" for "79", "88"

for "75", "84" for "69" "79" for "63" "75" for "57", "69" for "51",

"63" for "45", "57" for "37", and "51" for "29".

Subsec. (c). Pub. L. 91-588, Sec. 1(b), provided new annual

income limits to measure monthly pension rates of veteran with

dependents by adding minimum income limits of $3,200, $3,300, and

$3,400 with maximum limits of $3,300, $3,400, and $3,500 for

monthly benefits of $50, and within existing annual income limits

from a maximum of $500 to a maximum of $3,200, as well as

in-between limits set out in one-hundred dollar increments, the

applicable monthly benefits for each limit was amended,

respectively, by substituting in column II (one dependent) "$132"

for "$120", "130" for "118", "128" for "116", "126" for "114",

"124" for "112", "122" for "109", in column III (two dependents)

"$137" for "$125", "135" for "123, "133" for "121", "131" for

"119", "129" for "117", "127" for "114", in column IV (three or

more dependents) "$142" for "$130", "140" for "128", "138" for

"126", "136" for "124", "134" for "122", "132" for "119", and in

columns II, III, and IV (for any number of dependents) "119" for

"107", "116" for "105", "113" for "103", "110" for "101", "107" for

"99", "104" for "96", "101" for "93" "99" for "90", "96" for "87",

"93" for "84", "90" for "81", "87" for "78", "84" for "75", "81"

for "72", "78" for "69", "75" for "66", "72" for "62", "69" for

"58", "66" for "54", "62" for "50", "58" for "42", and "54" for

"34".

Subsec. (d). Pub. L. 91-588, Sec. 3(b)(1), substituted "$110" for

"$100".

Subsec. (e). Pub. L. 91-588, Sec. 3(b)(2), substituted "44" for

"$40".

Subsec. (g)(1), (2). Pub. L. 91-588, Sec. 9(c)(2), inserted

reference to Mexican border period.

1968 - Subsec. (b). Pub. L. 90-275, Sec. 1(a), in providing new

annual income limits to measure monthly pension rates of single

veteran, substituted minimum income limit of $300 for monthly

benefit of $110 for former $600 limit for monthly benefit of $104,

maximum income limit of $2,000 for monthly benefit of $29 for

former $1,800 limit for monthly benefit of $45, and sixteen other

in-between limits in one hundred dollar increments from more than

$300 to less than $1,900 for monthly benefits of $108-37 for former

in-between limit of more than $600 but less than $1,200 for monthly

benefit of $79.

Subsec. (c). Pub. L. 90-275, Sec. 1(b), in providing new annual

income limits to measure monthly pension rates of veteran with

dependents, substituted minimum income limit of $500 for monthly

benefit of $120 (one dependent), $125 (two dependents), and $130

(three or more dependents) for former $1,000 limit for monthly

benefit of $109 (one dependent), $114 (two dependents), and $119

(three or more dependents), maximum income limit of $3,200 for

monthly benefit of $34 (for any number of dependents) for former

$3,000 limit for monthly benefit of $50 (for any number of

dependents), and twenty-six other in-between limits in one hundred

dollar increments from more than $500 to less than $3,100 for

monthly benefits of $118 to 42 (one dependent), $123 to 42 (two

dependents), and $128 to 42 (three or more dependents) for former

in-between limit of more than $1,000 but less than $2,000 for

monthly benefit of $84 (for any number of dependents).

1967 - Pub. L. 90-77, Sec. 202(c), inserted reference to Vietnam

era in section catchline.

Subsec. (a). Pub. L. 90-77, Sec. 202(a), inserted reference to

Vietnam era.

Subsec. (b). Pub. L. 90-77, Sec. 104(a), increased monthly

pension rate in column II from $100, $75, and $43 to $104, $79,and

$45 respectively.

Subsec. (c). Pub. L. 90-77, Sec. 104(b), increased monthly

pension rate in column II from $105, $80, and $48 to $109, $84, and

$50; column III from $110, $80, and $48 to $114, $84, and $50; and

column IV from $115, $80, and $48 to $119, $84, and $50,

respectively.

Subsec. (e). Pub. L. 90-77, Sec. 104(c), substituted "$40" for

"$35".

Subsec. (g). Pub. L. 90-77, Sec. 202(b), inserted references to

Vietnam era in pars. (1) to (3).

1964 - Subsec. (b). Pub. L. 88-664, Sec. 3(a), increased monthly

pension rate in column II from $85, $70, and $40 to $100, $75, and

$43, respectively.

Subsec. (c). Pub. L. 88-664, Sec. 3(b), increased monthly pension

rate in column II from $90, $75, and $45 to $105, $80, and $48;

column III from $95, $75, and $45 to $110, $80, and $48; and column

IV from $100, $75, and $45 to $115, $80, and $48, respectively.

Subsec. (d). Pub. L. 88-664, Sec. 5, increased additional monthly

rate of veterans in need of aid and attendance from $70 to $100.

Subsecs. (e), (f). Pub. L. 88-664, Secs. 6(a), 7, added subsec.

(e), redesignated former subsec. (e) as (f) and substituted "in

excess of whichever is the greater, $1,200 or the total earned

income of the spouse," for "except $1,200 of such income" in par.

(1). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 88-664, Sec. 6(a), redesignated former

subsec. (f) as (g).

1961 - Subsec. (f)(4). Pub. L. 87-101 added par. (4).

1959 - Subsec. (a). Pub. L. 86-211, Sec. 3(a)(2), struck out

provisions that prescribed amount of monthly pension payable. See

subsecs. (b) to (d) of this section.

Subsecs. (b) to (e). Pub. L. 86-211, Sec. 3(a)(3), added subsecs.

(b) to (e). Former subsec. (b) redesignated (f).

Subsec. (f). Pub. L. 86-211, Sec. 3(a)(1), redesignated former

subsec. (b) as (f).

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-103 effective Sept. 17, 2001, see

section 207(c) of Pub. L. 107-103, set out as an Effective Date

note under section 1513 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section

302 of Pub. L. 95-204, set out as a note under section 1122 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 405 of Pub. L. 94-432 provided that:

"(a) The provisions of this Act [see Tables for classification],

other than titles II and III and section 401, shall take effect on

the date of the enactment of this Act [Sept. 30, 1976].

"(b) Titles II and III [see Tables for classification] and

section 401 of this Act [amending section 322 [now 1122] of this

title] shall take effect January 1, 1977."

EFFECTIVE DATE OF 1975 AMENDMENT

Section 102 of Pub. L. 94-169, as amended by section 101 of Pub.

L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by

that section is effective Jan. 1, 1976.

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1974 AMENDMENT

Section 10 of Pub. L. 93-527 provided that: "This Act [see Tables

for classification] shall take effect on January 1, 1975."

EFFECTIVE DATE OF 1973 AMENDMENT

Section 8 of Pub. L. 93-177 provided that: "This Act [see Tables

for classification] shall take effect on January 1, 1974."

EFFECTIVE DATE OF 1971 AMENDMENT

Section 6 of Pub. L. 92-198 provided that: "This Act [see Tables

for classification] shall take effect on January 1, 1972."

EFFECTIVE DATE OF 1970 AMENDMENT

Section 10 of Pub. L. 91-588 provided that:

"(a) Sections 1, 2(a), (b), and (c), 3, 4, 5, 6, 7, 8, and 9 [see

Tables for classification] shall take effect on January 1, 1971.

"(b) Sections 2(d) and 6 [amending sections 415 and 506 [now 1315

and 1506] of this title] shall take effect on January 1, 1972."

[In view of the similarity of subject matter covered by

amendments made by sections 2(d) and 6 of Pub. L. 91-588, the

effective date for the amendment made by section 6 was probably

intended by Congress to be Jan. 1, 1972, as called for in subsec.

(b) of section 10 of Pub. L. 91-588, rather than Jan. 1, 1971, as

called for in subsec. (a) of that section.]

EFFECTIVE DATE OF 1968 AMENDMENT

Section 6 of Pub. L. 90-275 provided that:

"(a) The first section and sections 2 and 4 of this Act [amending

this section and sections 415 and 541 [now 1315 and 1541] of this

title and enacting provisions set out below] shall take effect on

January 1, 1969.

"(b) Sections 3 and 5 of this Act [enacting provisions set out

below and amending section 3012 [now 5112] of this title] shall

take effect on the first day of the first calendar month following

the month of initial payment of increases in monthly insurance

benefits provided by the Social Security Amendments of 1967 [see

Short Title note under section 302 of Title 42, the Public Health

and Welfare]."

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment 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.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-664 and provisions of section 10 of Pub.

L. 88-664, set out as a note below, effective Jan. 1, 1965, see

section 11 of Pub. L. 88-664, set out as a note under section 1503

of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Section 2 of Pub. L. 87-101 provided that: "Pension shall not be

paid for any period prior to the effective date of this Act [July

21, 1961] to any person whose eligibility for pension is

established solely by virtue of this Act [amending this section]."

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-211 effective July 1, 1960, see section

10 of Pub. L. 86-211, set out as an Effective Date note under

section 1506 of this title.

SAVINGS PROVISION FOR PERSONS ENTITLED TO PENSION AS OF DECEMBER

31, 1978; OTHER PROVISIONS

Section 306 of Pub. L. 95-588, as amended by Pub. L. 102-40,

title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L.

102-83, Secs. 5(c)(2), 6(c), Aug. 6, 1991, 105 Stat. 406, 407,

provided that:

"(a)(1)(A) Except as provided in subparagraph (B), any person who

as of December 31, 1978, is entitled to receive pension under

section 1521, 1541, or 1542 [formerly 521, 541, or 542] of title

38, United States Code, may elect to receive pension under such

section as in effect after such date, subject to the terms and

conditions in effect with respect to the receipt of such pension.

Any such election shall be made in such form and manner as the

Secretary of Veterans Affairs (hereinafter in this section referred

to as the 'Secretary') may prescribe. If pension is paid pursuant

to such an election, the election shall be irrevocable.

"(B) Any veteran eligible to make an election under subparagraph

(A) who is married to another veteran who is also eligible to make

such an election may not make such an election unless both such

veterans make such an election.

"(2) Any person eligible to make an election under paragraph (1)

who does not make such an election shall continue to receive

pension at the monthly rate being paid to such person on December

31, 1978, subject to all provisions of law applicable to basic

eligibility for and payment of pension under section 1521, 1541, or

1542 [formerly 521, 541, or 542], as appropriate, of title 38,

United States Code, as in effect on December 31, 1978, except that

-

"(A) pension may not be paid to such person if such person's

annual income (determined in accordance with section 1503

[formerly 503] of title 38, United States Code, as in effect on

December 31, 1978) exceeds $4,038, in the case of a veteran or

surviving spouse without dependents, $5,430, in the case of a

veteran or surviving spouse with one or more dependents, or

$3,299, in the case of a child; and

"(B) the amount prescribed in subsection (f)(1) of section 1521

[formerly 521] of such title (as in effect on December 31, 1978)

shall be $1,285;

as each such amount is increased from time to time under paragraph

(3).

"(3) Whenever there is an increase under section 5312 [formerly

3112] of title 38, United States Code (as added by section 304 of

this Act), in the maximum annual rates of pension under sections

1521, 1541, and 1542 [formerly 521, 541, and 542] of such title, as

in effect after December 31, 1978, the Secretary shall, effective

on the date of such increase under such section 5312 [formerly

3112], increase -

"(A) the annual income limitations in effect under paragraph

(2); and

"(B) the amount of income of a veteran's spouse excluded from

the annual income of such veteran under section 1521(f)(1)

[formerly 521(f)(1)] of such title, as in effect on December 31,

1978;

by the same percentage as the percentage by which such maximum

annual rates under such sections 1521, 1541, and 1542 [formerly

521, 541, and 542] are increased.

"(b)(1) [Subsec. (b)(1) which provided for the repeal, effective

Jan. 1, 1979, of section 9 of the Veterans' Pension Act of 1959,

Pub. L. 86-211, Sec. 9, Aug. 29, 1959, 73 Stat. 436, has been

executed to note set out under this section.]

"(2)(A) Except as provided in subparagraph (B), any person who as

of December 31, 1978, is entitled to receive pension under section

9(b) of the Veterans' Pension Act of 1959 Pub. L. 86-211, Sec. 9,

Aug. 29, 1959, 73 Stat. 436 [formerly set out as a note under this

section] may elect to receive pension under section 1521, 1541, or

1542 [formerly 521, 541, or 542] of title 38, United States Code,

as in effect after such date, subject to the terms and conditions

in effect with respect to the receipt of such pension. Any such

election shall be made in such form and manner as the Secretary may

prescribe. If pension is paid pursuant to such an election, the

election shall be irrevocable.

"(B) Any veteran eligible to make an election under subparagraph

(A) who is married to another veteran who is also eligible to make

such an election may not make such an election unless both such

veterans make such an election.

"(3) Any person eligible to make an election under paragraph (2)

who does not make such an election shall continue to receive

pension at the monthly rate being paid to such person on December

31, 1978, subject to all provisions of law applicable to basic

eligibility for and payment of pension under section 9(b) of the

Veterans' Pension Act of 1959 Pub. L. 86-211, Sec. 9(b), Aug. 29,

1959, 73 Stat. 436 [formerly set out below], as in effect on

December 31, 1978, except that pension may not be paid to such

person if such person's annual income (determined in accordance

with the applicable provisions of law, as in effect on December 31,

1978) exceeds $3,534, in the case of a veteran or surviving spouse

without dependents or in the case of a child, or $5,098, in the

case of a veteran or surviving spouse with one or more dependents,

as each such amount is increased from time to time under paragraph

(4).

"(4) Whenever there is an increase under section 5312 [formerly

3112] of title 38, United States Code (as added by section 304 of

this Act), in the maximum annual rates of pension under sections

1521, 1541, and 1542 [formerly 521, 541, and 542] of such title, as

in effect after December 31, 1978, the Secretary shall, effective

on the date of such increase under such section 5312 [formerly

3112], increase the annual income limitations in effect under

paragraph (3) by the same percentage as the percentage by which the

maximum annual rates under such sections 1521, 1542, and 1543

[formerly 521, 542, and 543] are increased.

"(c) Any case in which -

"(1) a claim for pension is pending in the Veterans'

Administration on December 31, 1978;

"(2) a claim for pension is filed by a veteran after December

31, 1978, and within one year after the date on which such

veteran became totally and permanently disabled, if such veteran

became totally and permanently disabled before January 1, 1979;

or

"(3) a claim for pension is filed by a surviving spouse or by a

child after December 31, 1978, and within one year after the date

of death of the veteran through whose relationship such claim is

made, if the death of such veteran occurred before January 1,

1979;

shall be adjudicated under title 38, United States Code, as in

effect on December 31, 1978. Any benefits determined to be payable

as the result of the adjudication of such a claim shall be subject

to the provisions of subsection (a).

"(d) In any case in which any person who as of December 31, 1978,

is entitled to receive pension under section 1521, 1541, or 1542

[formerly 521, 541, or 542] of title 38, United States Code, or

under section 9(b) of the Veterans' Pension Act of 1959 Pub. L.

86-211, 6, 9(b), Aug. 29, 1959, 73 Stat. 436 [formerly set out as a

note under this section], elects (in accordance with subsection

(a)(1) or (b)(2), as appropriate) before October 1, 1979, to

receive pension under such section as in effect after December 31,

1978, the Administrator of Veterans' Affairs shall pay to such

person an amount equal to the amount by which the amount of pension

benefits such person would have received had such election been

made on January 1, 1979, exceeds the amount of pension benefits

actually paid to such person for the period beginning on January 1,

1979, and ending on the date preceding the date of such election.

"(e) Whenever there is an increase under subsections (a)(3) and

(b)(4) in the annual income limitations with respect to persons

being paid pension under subsections (a)(2) and (b)(3), the

Secretary shall publish such annual income limitations, as

increased pursuant to such subsections, in the Federal Register at

the same time as the material required by section 215(i)(2)(D) of

the Social Security Act [section 415(i)(2)(D) of Title 42, The

Public Health and Welfare] is published by reason of a

determination under section 215(i) of such Act."

SAVINGS PROVISION

Section 9 of Pub. L. 86-211, which provided (1) that any claim

for pension which was pending on June 30, 1960, or any claim for

death pension filed thereafter within one year from the date of

death of a veteran which occurred prior to July 1, 1960, would be

adjudicated under this title in effect on June 30, 1960, with

respect to the period before July 1, 1960, and, except as provided

below, under this title, as amended by Pub. L. 86-211, thereafter;

(2) that nothing in Pub. L. 86-211 would affect the eligibility of

any person receiving pension under this title on June 30, 1960, for

pension under all applicable provisions of this title in effect on

that date for such period or periods thereafter with respect to

which he could qualify under such provisions and that this

provision would not apply in any case for any period after pension

was granted, pursuant to application, under this title as amended

by Pub. L. 86-211; and (3) that provision (2) would not apply to

those claims within the purview of provision (1) in which it was

determined that pension was payable for June 30, 1960, was

repealed, effective Jan. 1, 1979, by section 306(b)(1) of Pub. L.

95-588, set out as a note above.

INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS ELIGIBLE FOR

PENSION

Pub. L. 105-178, title VIII, Sec. 8206, June 9, 1998, 112 Stat.

494, provided that: "Effective October 1, 1998, the maximum annual

rates of pension in effect as of September 30, 1998, under the

following provisions of chapter 15 of title 38, United States Code,

are increased by $600:

"(1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4) of section

1521.

"(2) Section 1536(d)(2)."

REPORT TO CONGRESSIONAL COMMITTEES; MEDICAL EXAMINATIONS OF CERTAIN

PENSION RECIPIENTS

Pub. L. 98-543, title III, Sec. 302, Oct. 24, 1984, 98 Stat.

2747, directed Administrator of Veterans' Affairs to report to

Committees on Veterans' Affairs of House of Representatives and

Senate not later than 28 months after Oct. 24, 1984, on results of

medical examinations conducted on certain individuals awarded

pensions under this section as permanently and totally disabled by

reason of being 65 years of age or older or becoming unemployable

after age 65.

STUDY OF PENSION BENEFITS PAID TO PERSONS RESIDING OUTSIDE UNITED

STATES; TRANSMITTAL OF REPORT AND RECOMMENDATIONS TO PRESIDENT AND

CONGRESS

Pub. L. 95-588, title III, Sec. 308, Nov. 4, 1978, 92 Stat. 2510,

directed Administrator of Veterans' Affairs, in consultation with

Secretary of State, to carry out a comprehensive study of income

characteristics of veterans of a period of war, as defined in

section 101(11) of this title, and their survivors residing outside

the fifty States and the District of Columbia, required submission

of a report to Congress and President on results of such study not

later than Feb. 1, 1980.

PENSION, DEPENDENCY, AND INDEMNITY COMPENSATION; RELATION TO SOCIAL

SECURITY AMENDMENTS OF 1967

Section 3 of Pub. L. 90-275 provided that:

"(a) If the monthly rate of pension or dependency and indemnity

compensation payable to a person under title 38, United States

Code, would be less, solely as a result of an increase in monthly

insurance benefits provided by the Social Security Amendments of

1967 [see Short Title note set out under section 302 of Title 42,

The Public Health and Welfare], than the monthly rate payable for

the month immediately preceding the effective date of this Act [see

Effective Date of 1968 Amendment note set out above], the

Administrator of Veterans' Affairs shall pay the person as follows:

"(1) for the balance of calendar year 1968 and during calendar

year 1969, at the prior monthly rate;

"(2) during the calendar year 1970, at the rate for the next

$100 annual income limitation higher than the maximum annual

income limitation corresponding to the prior monthly rate; and

"(3) during each successive calendar year, at the rate for the

next $100 annual income limitation higher than the one applied

for the preceding year, until the rate corresponding to actual

countable income is reached.

"(b) Subsection (a) shall not apply for any period during which

annual income of such person, exclusive of an increase in monthly

insurance benefits provided by the Social Security Amendments of

1967 [see Short Title note set out under section 302 of Title 42],

exceeds the amount of annual income upon which was based the

pension or dependency and indemnity compensation payable to the

person immediately prior to receipt of the increase."

[Provisions of section 3 of Pub. L. 90-275 effective on first day

of first calendar month following month of initial payment of

increases in monthly insurance benefits provided by Social Security

Amendments of 1967 [see Short Title note set out under section 302

of Title 42], see section 6(b) of Pub. L. 90-275, set out as an

Effective Date of 1968 Amendment note above.]

INCOME RESTRICTIONS ON PENSIONS; EFFECTIVE DATES

Section 4 of Pub. L. 90-275, as amended by Pub. L. 91-588, Sec.

5; Pub. L. 92-198, Sec. 4; Pub. L. 93-527, Sec. 6; Pub. L. 94-169,

Sec. 107; Pub. L. 94-432, Sec. 206; Pub. L. 95-204, Sec. 105,

provided that: "The income limitations governing payment of pension

under the first sentence of section 9(b) of the Veterans' Pension

Act of 1959 [formerly set out in a Savings Provision note above]

hereafter shall be $3,300 and $4,760 instead of $3,100 and $4,460,

respectively."

Section 4 of Pub. L. 90-275, as originally enacted, was eff. Jan.

1, 1969, pursuant to Pub. L. 90-275, Sec. 6(a). Subsequent

amendments to said section 4 by Pub. L. 91-588, Pub. L. 92-198, and

Pub. L. 94-169 were effective Jan. 1, 1971, Jan. 1, 1972, and for a

period beginning Jan. 1, 1976 and ending Sept. 30, 1976,

respectively. Pub. L. 94-432, Secs. 101, 405(b) amended said

section 4 of Pub. L. 90-275 and section 107 of Pub. L. 94-169 to be

effective Jan. 1, 1976 and Jan. 1, 1977, respectively. Pub. L.

95-204, Sec. 302 amended said section 4 of Pub. L. 90-275 to be

effective Jan. 1, 1978.

AID AND ATTENDANCE ALLOWANCE FOR WIDOWS OF VETERANS OF ALL PERIODS

OF WAR

Pub. L. 90-77, title I, Sec. 108(c), Aug. 31, 1967, 81 Stat. 180,

provided that: "If any widow is entitled to pension under the first

sentence of section 9(b) of the Veterans' Pension Act of 1959

[formerly set out in a Savings Provision note above] and is in need

of regular aid and attendance, the monthly rate of pension payable

to her shall be increased by $50."

PENSION FOR HOUSEBOUND VETERANS

Pub. L. 90-77, title I, Sec. 110, Aug. 31, 1967, 81 Stat. 180,

provided that: "The Administrator of Veterans' Affairs shall pay to

a veteran who is entitled to pension under the first sentence of

section 9(b) of the Veterans' Pension Act of 1959 [formerly set out

in a Savings Provision note above] and who -

"(1) has, in addition to a disability rated as permanent and

total, additional disability or disabilities independently

ratable at 60 per centum or more, or

"(2) by reason of his disability or disabilities, is

permanently housebound but does not qualify for pension based on

need of regular aid and attendance,

in lieu of the pension otherwise payable to him, a pension at the

monthly rate of $100."

RETIREMENT INCOME EXCLUSION

Section 10 of Pub. L. 88-664 provided that: "In computing the

income of persons whose pension eligibility is subject to the first

sentence of section 9(b) of the Veterans' Pension Act of 1959

[formerly set out in a Savings Provision note above] there shall be

excluded 10 per centum of the amount of payments received under

public or private retirement, annuity, endowment or similar plans

or programs."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 107, 111, 1506, 1508,

1511, 1512, 1513, 1522, 1523, 1541, 1542, 1710, 1710B, 1722, 1722A,

5123, 5304, 5312, 5503 of this title; title 42 section 8624.

-End-

-CITE-

38 USC Sec. 1522 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

Non-Service-Connected Disability Pension

-HEAD-

Sec. 1522. Net worth limitation

-STATUTE-

(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

veteran's spouse is such that under all the circumstances,

including consideration of the annual income of the veteran, the

veteran's spouse, and the veteran's children, it is reasonable that

some part of the corpus of such estates be consumed for the

veteran's 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

child's estate is such that under all the circumstances, including

consideration of the veteran's and spouse's income, and the income

of the veteran's children, it is reasonable that some part of the

corpus of such child's estate be consumed for the child's

maintenance. During the period such denial or discontinuance

remains in effect, such child shall not be considered as the

veteran's child for purposes of this chapter.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 522; Pub. L.

86-211, Sec. 3(b), Aug. 29, 1959, 73 Stat. 434; Pub. L. 95-588,

title I, Sec. 107, Nov. 4, 1978, 92 Stat. 2502; renumbered Sec.

1522 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 107-103, title II,

Sec. 207(b)(2), Dec. 27, 2001, 115 Stat. 991.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-103 inserted "1513 or" before

"1521 of this title".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 522 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for "521" in

subsecs. (a) and (b).

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in subsecs. (a) and (b).

1978 - Pub. L. 95-588 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. 86-211 substituted provisions requiring the denial

or discontinuance of payment of pension when the corpus of the

veteran's estate is such that under all the circumstances,

including consideration of the veteran's income, it is reasonable

that some part of the corpus be consumed for the veteran's

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.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-103 effective Sept. 17, 2001, see

section 207(c) of Pub. L. 107-103, set out as an Effective Date

note under section 1513 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-211 effective July 1, 1960, see section

10 of Pub. L. 86-211, set out as an Effective Date note under

section 1521 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 107, 1722 of this title.

-End-

-CITE-

38 USC Sec. 1523 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

Non-Service-Connected Disability Pension

-HEAD-

Sec. 1523. Combination of ratings

-STATUTE-

(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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 523; Pub. L.

94-169, title I, Sec. 106(19), Dec. 23, 1975, 89 Stat. 1018;

renumbered Sec. 1523 and amended Pub. L. 102-83, Secs. 4(b)(1),

(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 523 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for

"521".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

1975 - Subsec. (b). Pub. L. 94-169 substituted "such veteran" for

"him".

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

-End-

-CITE-

38 USC Sec. 1524 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

Non-Service-Connected Disability Pension

-HEAD-

Sec. 1524. Vocational training for certain pension recipients

-STATUTE-

(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 veteran's 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 veteran's eligibility for

counseling under subsection (b)(3) of this section expires, secures

employment within the scope of a vocational goal identified in the

veteran's 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 veteran's 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 veteran's 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 veteran's 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.

-SOURCE-

(Added Pub. L. 98-543, title III, Sec. 301(a)(1), Oct. 24, 1984, 98

Stat. 2744, Sec. 524; amended Pub. L. 99-576, title VII, Sec.

703(b)(1), Oct. 28, 1986, 100 Stat. 3303; Pub. L. 100-227, title

II, Sec. 202, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100-687, div.

B, title XIII, Sec. 1303(a), (b), Nov. 18, 1988, 102 Stat. 4128;

Pub. L. 101-237, title I, Sec. 114, Dec. 18, 1989, 103 Stat. 2065;

renumbered Sec. 1524 and amended Pub. L. 102-83, Secs. 4(a)(3),

(4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406;

Pub. L. 102-291, Sec. 2(b), May 20, 1992, 106 Stat. 178; Pub. L.

102-568, title IV, Sec. 402(a)-(c)(2)(A), Oct. 29, 1992, 106 Stat.

4337; Pub. L. 103-446, title XII, Sec. 1201(g)(2), Nov. 2, 1994,

108 Stat. 4687.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(2). Pub. L. 103-446 substituted "If" for

"Subject to paragraph (3) of this subsection, if".

1992 - Pub. L. 102-568, Sec. 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. 102-568, Sec. 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 veteran's 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 veteran's control, to participate in the

evaluation in the manner required by the Secretary in order to make

such determination, the Secretary shall suspend the veteran's

pension for the duration of such failure."

Subsec. (a)(3). Pub. L. 102-568, Sec. 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. 102-568, Sec. 402(b)(2), redesignated

par. (4) as (3).

Pub. L. 102-291 substituted "December 31, 1992" for "January 31,

1992".

Subsec. (b)(4). Pub. L. 102-568, Sec. 402(c)(1), substituted

"December 31, 1995" for "January 31, 1992".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 524 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" wherever appearing in pars. (1) and

(2).

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in pars. (1) and (2).

Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "3107"

for "1507".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Subsec. (b)(2)(B)(i). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator" in two places.

Subsec. (b)(2)(B)(iii). Pub. L. 102-83, Sec. 5(c)(1), substituted

"3452(b) and 3452(f)" for "1652(b) and 1652(f)".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Subsec. (b)(3). Pub. L. 102-83, Sec. 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. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Subsec. (b)(4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" wherever appearing.

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "1525" for

"525".

Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

"Veterans' Administration" in two places.

1989 - Subsec. (a)(1), (2). Pub. L. 101-237, Sec. 114(a),

substituted "45" for "50".

Subsecs. (c) to (e). Pub. L. 101-237, Sec. 114(b), added subsec.

(c) and redesignated former subsecs. (c) and (d) as (d) and (e),

respectively.

1988 - Subsec. (a)(2). Pub. L. 100-687, Sec. 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. 100-687, Sec. 1303(b),

substituted "1992" for "1989".

1987 - Subsec. (a)(3). Pub. L. 100-227 substituted "3,500" for

"2,500".

1986 - Subsec. (a)(2). Pub. L. 99-576, Sec. 703(b)(1)(A),

substituted "subsection (b) of this section" for "subsection (d) of

this section".

Subsec. (b)(4). Pub. L. 99-576, Sec. 703(b)(1)(B), substituted

"subsection (a) of this section" for "subsection (a)(1) of this

section".

Subsec. (c). Pub. L. 99-576, Sec. 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 veteran's

entitlement to pension is terminated."

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-291 effective Jan. 31, 1992, see section

2(d) of Pub. L. 102-291, set out as a note under section 1163 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-576 effective as if included in Pub. L.

98-543, see section 703(c) of Pub. L. 99-576, set out as a note

under section 1313 of this title.

RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING

LAPSED PERIOD

Provision 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. 102-291, set out

as a note under section 1163 of this title.

REPORT TO CONGRESSIONAL COMMITTEES; NEW PENSION RECIPIENTS;

HEALTH-CARE ELIGIBILITY

Section 301(b) of Pub. L. 98-543 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3697 of this title.

-End-

-CITE-

38 USC Sec. 1525 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER II - VETERANS' PENSIONS

Non-Service-Connected Disability Pension

-HEAD-

Sec. 1525. Protection of health-care eligibility

-STATUTE-

(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 veteran's 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 veteran's receipt of earnings from activity performed for

remuneration or with gain, but only if the veteran's annual income

from sources other than such earnings would, taken alone, not

result in the termination of the veteran's pension.

-SOURCE-

(Added Pub. L. 98-543, title III, Sec. 301(a)(1), Oct. 24, 1984, 98

Stat. 2746, Sec. 525; amended Pub. L. 99-272, title XIX, Sec.

19011(d)(1), Apr. 7, 1986, 100 Stat. 378; Pub. L. 99-576, title

VII, Sec. 703(b)(2), Oct. 28, 1986, 100 Stat. 3303; Pub. L.

100-687, div. B, title XIII, Sec. 1303(c), Nov. 18, 1988, 102 Stat.

4128; renumbered Sec. 1525 and amended Pub. L. 102-83, Sec. 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-291, Sec. 2(c),

May 20, 1992, 106 Stat. 178; Pub. L. 102-568, title IV, Sec.

403(a), (b)(1), Oct. 29, 1992, 106 Stat. 4337; Pub. L. 104-262,

title I, Sec. 101(e)(1), Oct. 9, 1996, 110 Stat. 3180.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-262, Sec. 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. 104-262, Sec. 101(e)(1)(B), substituted

"remuneration" for "renumeration".

1992 - Pub. L. 102-568, Sec. 403(b)(1), substituted "Protection"

for "Temporary protection" in section catchline.

Subsec. (a). Pub. L. 102-568, Sec. 403(a)(1), substituted "after

January 31, 1985," for "during the program period".

Subsec. (b). Pub. L. 102-568, Sec. 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 veteran's receipt

of earnings from activity performed for remuneration or gain, but

only if the veteran's annual income from sources other than such

earnings would, taken alone, not result in the termination of the

veteran's pension.

"(2) The term 'program period' means the period beginning on

February 1, 1985, and ending on December 31, 1992."

Pub. L. 102-291 substituted "December 31, 1992" for "January 31,

1992" in par. (2).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 525 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712(h)"

for "612(h)" and "1712(i)" for "612(i)".

1988 - Subsec. (b)(2). Pub. L. 100-687 substituted "1992" for

"1989".

1986 - Subsec. (a). Pub. L. 99-576 struck out "under section 521

of this title" after "entitlement to pension".

Pub. L. 99-272 substituted "clauses (5) and (6) of section

612(i)" for "section 612(i)(5) of this title".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-291 effective Jan. 31, 1992, see section

2(d) of Pub. L. 102-291, set out as a note under section 1163 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by Pub. L. 99-576 effective as if included in Pub. L.

98-543, see section 703(c) of Pub. L. 99-576, set out as a note

under section 1313 of this title.

Amendment by Pub. L. 99-272 applicable to hospital care, nursing

home care, and medical services furnished on or after July 1, 1986,

see section 19011(f) of Pub. L. 99-272, set out as a note under

section 1710 of this title.

RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING

LAPSED PERIOD

Provision 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. 102-291,

set out as a note under section 1163 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1524 of this title.

-End-

-CITE-

38 USC SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND

CHILDREN 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

-HEAD-

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

-MISC1-

AMENDMENTS

1975 - Pub. L. 94-169, title I, Sec. 101(2)(G), Dec. 23, 1975, 89

Stat. 1014, substituted "SURVIVING SPOUSES" for "WIDOWS" in

subchapter heading.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1504 of this title.

-End-

-CITE-

38 USC Wars Before World War I 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

-HEAD-

WARS BEFORE WORLD WAR I

-End-

-CITE-

38 USC Sec. 1531 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

-HEAD-

[Sec. 1531. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 501 to 543 of this chapter as

sections 1501 to 1543 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 531 of this chapter, Pub. L. 85-857, Sept.

2, 1958, 72 Stat. 1137; Pub. L. 90-77, title I, Sec. 105, Aug. 31,

1967, 81 Stat. 179, which provided for a monthly pension to widows

of Mexican War veterans, was repealed by Pub. L. 94-169, title I,

Sec. 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1,

1976.

-End-

-CITE-

38 USC Sec. 1532 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

-HEAD-

Sec. 1532. Surviving spouses of Civil War veterans

-STATUTE-

(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

surgeon's 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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 532; Pub. L.

90-77, title I, Secs. 101(a), 105, Aug. 31, 1967, 81 Stat. 178,

179; Pub. L. 94-169, title I, Sec. 106(20)-(23), Dec. 23, 1975, 89

Stat. 1018; Pub. L. 102-54, Sec. 14(b)(7), June 13, 1991, 105 Stat.

283; renumbered Sec. 1532 and amended Pub. L. 102-83, Secs.

4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406;

Pub. L. 103-446, title XII, Sec. 1201(a)(2), Nov. 2, 1994, 108

Stat. 4682.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-446 substituted "Veterans'

Administration" for "Secretary".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 532 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator" in introductory provisions.

Pub. L. 102-54 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 veteran's service in the Civil

War, in which case the monthly rate shall be $75."

Subsec. (c). Pub. L. 102-83, Sec. 4(a)(1), substituted

"administered by the Secretary" for "administered by the Veterans'

Administration".

1975 - Pub. L. 94-169, Sec. 106(23), substituted "Surviving

spouses" for "Widows" in section catchline.

Subsec. (a). Pub. L. 94-169, Sec. 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 veteran's" for "his".

Subsec. (b). Pub. L. 94-169, Sec. 106(21), substituted "surviving

spouse" for "widow".

Subsec. (c). Pub. L. 94-169, Sec. 106(21), substituted "such

veteran" for "he" wherever appearing.

Subsec. (d). Pub. L. 94-169, Sec. 106(22), substituted "surviving

spouse", "such surviving spouse" and "such veteran" for "widow",

"she" and "him", respectively.

1967 - Subsec. (a)(2). Pub. L. 90-77, Sec. 105, substituted "$70"

for "$65".

Subsec. (d). Pub. L. 90-77, Sec. 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 antenupital birth.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1533 of this title.

-End-

-CITE-

38 USC Sec. 1533 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

-HEAD-

Sec. 1533. Children of Civil War veterans

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 533; Pub. L.

94-169, title I, Sec. 106(25), Dec. 23, 1975, 89 Stat. 1018;

renumbered Sec. 1533 and amended Pub. L. 102-83, Secs. 4(b)(1),

(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 533 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1532" for "532" in two

places.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

1975 - Pub. L. 94-169 substituted "surviving spouse" for "widow".

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

-End-

-CITE-

38 USC Sec. 1534 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

-HEAD-

Sec. 1534. Surviving spouses of Indian War veterans

-STATUTE-

(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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 534; Pub. L.

90-77, title I, Secs. 101(a), 105, Aug. 31, 1967, 81 Stat. 178,

179; Pub. L. 94-169, title I, Sec. 106(26)-(29), Dec. 23, 1975, 89

Stat. 1018; Pub. L. 102-54, Sec. 14(b)(7), June 13, 1991, 105 Stat.

283; renumbered Sec. 1534 and amended Pub. L. 102-83, Secs.

4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 534 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1511" for

"511" in introductory provisions.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in introductory provisions.

Pub. L. 102-54 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 veteran's service in one of the

Indian Wars, in which case the monthly rate shall be $75."

1975 - Pub. L. 94-169, Sec. 106(29), substituted "Surviving

spouses" for "Widows" in section catchline.

Subsec. (a). Pub. L. 94-169, Sec. 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 veteran's" for "his".

Subsec. (b). Pub. L. 94-169, Sec. 106(27), substituted "surviving

spouse" for "widow".

Subsec. (c). Pub. L. 94-169, Sec. 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. 90-77, Sec. 105, substituted "$70"

for "$65".

Subsec. (c). Pub. L. 90-77, Sec. 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.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1535 of this title.

-End-

-CITE-

38 USC Sec. 1535 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

-HEAD-

Sec. 1535. Children of Indian War veterans

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 535; Pub. L.

94-169, title I, Sec. 106(31), Dec. 23, 1975, 89 Stat. 1018;

renumbered Sec. 1535 and amended Pub. L. 102-83, Secs. 4(b)(1),

(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 535 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1534" for "534" and

"1511" for "511".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

1975 - Pub. L. 94-169 substituted "surviving spouse" for "widow".

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

-End-

-CITE-

38 USC Sec. 1536 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

-HEAD-

Sec. 1536. Surviving spouses of Spanish-American War veterans

-STATUTE-

(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 veteran's 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 (!1) 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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 536; Pub. L.

90-77, title I, Secs. 101(a), 105, Aug. 31, 1967, 81 Stat. 178,

179; Pub. L. 92-328, title I, Sec. 107, June 30, 1972, 86 Stat.

395; Pub. L. 94-169, title I, Sec. 106(32)-(37), Dec. 23, 1975, 89

Stat. 1018, 1019; Pub. L. 95-588, title I, Sec. 108, Nov. 4, 1978,

92 Stat. 2502; renumbered Sec. 1536 and amended Pub. L. 102-83,

Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

404-406.)

-REFTEXT-

REFERENCES IN TEXT

Section 544 of this title, referred to in subsec. (d)(2), was

repealed by Pub. L. 95-588, title I, Sec. 112(a)(1), Nov. 4, 1978,

92 Stat. 2505, eff. Jan. 1, 1979.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 536 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1512(a)"

for "512(a)".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "1541" for

"541" in pars. (1) and (2).

Subsec. (d)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

1978 - Subsec. (d)(1). Pub. L. 95-588, Sec. 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. 95-588, Sec. 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. 94-169, Sec. 106(37), substituted "Surviving

spouses" for "Widows" in section catchline.

Subsec. (a). Pub. L. 94-169, Sec. 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 veteran's" for "his".

Subsec. (b). Pub. L. 94-169, Sec. 106(33), substituted "surviving

spouse" for "widow".

Subsec. (c). Pub. L. 94-169, Sec. 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. 94-169, Sec. 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. 94-169, Sec. 106(35), (36), substituted

"surviving spouse" for "widow" wherever appearing, and "such

surviving spouse" for "her".

1972 - Subsec. (d). Pub. L. 92-328 added subsec. (d).

1967 - Subsec. (a). Pub. L. 90-77, Sec. 105, substituted "$70"

for "$65".

Subsec. (c). Pub. L. 90-77, Sec. 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.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-328 effective first day of second

calendar month which begins after June 30, 1972, see section 301(a)

of Pub. L. 92-328, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment 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.

INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS ELIGIBLE FOR

PENSION

Maximum annual pension rates under subsec. (d)(2) of this section

increased by $600, effective Oct. 1, 1998, see section 8206 of Pub.

L. 105-178, set out as a note under section 1521 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1537 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Sec. 1537 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Wars Before World War I

-HEAD-

Sec. 1537. Children of Spanish-American War veterans

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 537; Pub. L.

94-169, title I, Sec. 106(39), Dec. 23, 1975, 89 Stat. 1019;

renumbered Sec. 1537 and amended Pub. L. 102-83, Secs. 4(b)(1),

(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 537 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1536" for "536" and

"1512(a)" for "512(a)".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

1975 - Pub. L. 94-169 substituted "surviving spouse" for "widow".

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

-End-

-CITE-

38 USC Other Periods of War 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Other Periods of War

-HEAD-

OTHER PERIODS OF WAR

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-25, title III, Sec. 333(c)(1), Apr. 6, 1991,

105 Stat. 88, substituted "Other Periods of War" for "Mexican

Border Period, World War I, World War II, The Korean Conflict, and

The Vietnam Era" as subheading.

1970 - Pub. L. 91-588, Sec. 9(d)(3), Dec. 24, 1970, 84 Stat.

1585, inserted reference to Mexican border period in subheading.

1967 - Pub. L. 90-77, title III, Sec. 202(j), Aug. 31, 1967, 81

Stat. 183, inserted reference to Vietnam era in subheading.

-End-

-CITE-

38 USC Sec. 1541 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Other Periods of War

-HEAD-

Sec. 1541. Surviving spouses of veterans of a period of war

-STATUTE-

(a) The Secretary shall pay to the surviving spouse of each

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, pension at the

rate prescribed by this section, as increased from time to time

under section 5312 of this title.

(b) If no child of the veteran is in the custody of the surviving

spouse, pension shall be paid to the surviving spouse at the annual

rate of $2,379, reduced by the amount of the surviving spouse's

annual income.

(c) If there is a child of the veteran in the custody of the

surviving spouse, pension shall be paid to the surviving spouse at

the annual rate of $3,116. If the surviving spouse has custody of

two or more such children, the annual pension rate shall be

increased by $600 for each such child in excess of one. In each

case, the rate payable shall be reduced by the amount of the

surviving spouse's annual income and, subject to subsection (g) of

this section, the annual income of each such child.

(d)(1) If a surviving spouse who is entitled to pension under

subsection (b) of this section is in need of regular aid and

attendance, the annual rate of pension payable to such surviving

spouse shall be $3,806, reduced by the amount of the surviving

spouse's annual income.

(2) If a surviving spouse who is entitled to pension under

subsection (c) of this section is in need of regular aid and

attendance, the annual rate of pension payable to the surviving

spouse shall be $4,543. If there are two or more children of the

veteran in such surviving spouse's custody, the annual rate of

pension shall be increased by $600 for each such child in excess of

one. The rate payable shall be reduced by the amount of the

surviving spouse's annual income and, subject to subsection (g) of

this section, the annual income of each such child.

(e)(1) If the surviving spouse is permanently housebound but does

not qualify for pension at the aid and attendance rate provided by

subsection (d) of this section, the annual rate of pension payable

to such surviving spouse under subsection (b) of this section shall

be $2,908 and the annual rate of pension payable to such surviving

spouse under subsection (c) of this section shall be $3,645. If

there are two or more children of the veteran in such surviving

spouse's custody, the annual rate of pension shall be increased by

$600 for each such child in excess of one. The rate payable shall

be reduced by the amount of the surviving spouse's annual income

and, subject to subsection (g) of this section, the income of any

child of the veteran for whom the surviving spouse is receiving

increased pension.

(2) For purposes of paragraph (1) of this subsection, the

requirement of "permanently housebound" shall be met when the

surviving spouse is substantially confined to such surviving

spouse's house (ward or clinical areas, if institutionalized) or

immediate premises by reason of a disability or disabilities

reasonably certain to remain throughout such surviving spouse's

lifetime.

(f) No pension shall be paid under this section to a surviving

spouse of a veteran unless the spouse was married to the veteran -

(1) before (A) December 14, 1944, in the case of a surviving

spouse of a Mexican border period or World War I veteran, (B)

January 1, 1957, in the case of a surviving spouse of a World War

II veteran, (C) February 1, 1965, in the case of a surviving

spouse of a Korean conflict veteran, (D) May 8, 1985, in the case

of a surviving spouse of a Vietnam era veteran, or (E) January 1,

2001, in the case of a surviving spouse of a veteran of the

Persian Gulf War;

(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.

(g) In determining the annual income of a surviving spouse for

the purposes of this section, if there is a child of the veteran in

the custody of the surviving spouse, that portion of the annual

income of the child that is reasonably available to or for the

surviving spouse shall be considered to be income of the surviving

spouse, unless in the judgment of the Secretary to do so would work

a hardship on the surviving spouse.

(h) As used in this section and section 1542 of this title, the

term "veteran" includes a person who has completed at least two

years of honorable active military, naval, or air service, as

certified by the Secretary concerned, but whose death in such

service was not in line of duty.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 541; Pub. L.

86-211, Sec. 4, Aug. 29, 1959, 73 Stat. 434; Pub. L. 88-664, Sec.

3(c), (d), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title I,

Secs. 101(a), 106, title II, Sec. 202(d)-(f), Aug. 31, 1967, 81

Stat. 178, 179, 182; Pub. L. 90-275, Sec. 1(c), (d), Mar. 28, 1968,

82 Stat. 65, 66; Pub. L. 91-588, Secs. 1(c), (d), 9(d), Dec. 24,

1970, 84 Stat. 1581, 1584; Pub. L. 92-198, Sec. 1(c)-(e), Dec. 15,

1971, 85 Stat. 663, 664; Pub. L. 93-177, Sec. 1(c), (d), 2, Dec. 6,

1973, 87 Stat. 695; Pub. L. 93-527, Sec. 3, Dec. 21, 1974, 88 Stat.

1703; Pub. L. 94-169, title I, Secs. 101(2)(B), (C), (H), 103,

106(40), Dec. 23, 1975, 89 Stat. 1013, 1014, 1016, 1019; Pub. L.

94-432, title II, Sec. 203, Sept. 30, 1976, 90 Stat. 1370; Pub. L.

95-204, title I, Sec. 102, Dec. 2, 1977, 91 Stat. 1456; Pub. L.

95-588, title I, Sec. 109(a), Nov. 4, 1978, 92 Stat. 2503; Pub. L.

102-25, title III, Sec. 333(b), Apr. 6, 1991, 105 Stat. 88; Pub. L.

102-40, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239;

renumbered Sec. 1541 and amended Pub. L. 102-83, Secs. 4(b)(1),

(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 541 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521(j)"

for "521(j)".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

Pub. L. 102-40 substituted "5312" for "3112".

Subsec. (f)(1)(E). Pub. L. 102-25 added cl. (E).

Subsec. (g). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

Subsec. (h). Pub. L. 102-83, Sec. 5(c)(1), substituted "1542" for

"542".

1978 - Subsec. (a). Pub. L. 95-588 revised eligibility provisions

relating to surviving spouses to apply to veterans of any period of

war rather than veterans of specifically named wars and inserted

reference to periodic increases of rate of pension payments

pursuant to section 3112 of this title.

Subsec. (b). Pub. L. 95-588 qualified parental requirement of

this subsection by inserting custody provision, substituted a fixed

pension amount of $2,379 for a formula for determining such annual

pension based upon annual income of the veteran, and struck out

minimum and maximum monthly payment requirements.

Subsec. (c). Pub. L. 95-588 qualified parental requirement of

this subsection by inserting custody provision, substituted a fixed

pension amount of $3,116 for a formula for determining such annual

pension based upon annual income of the veteran, and inserted a

provision authorizing an annual pension rate increase of $600 for

each family member of an eligible veteran in excess of one.

Subsec. (d). Pub. L. 95-588 substituted provisions prescribing a

fixed amount of $3,806, as reduced by an annual income deduction,

as the annual rate of pension payable to a surviving spouse

entitled to a pension under subsec. (b) of this section and in need

of regular aid and attendance and a fixed amount of $4,543, subject

to a similar deduction for income of spouse and child, as the

annual rate of pension payable to a surviving spouse entitled to a

pension under subsec. (c) of this section and in need of such aid

for provision prescribing the monthly rate of pension payable under

subsec. (c) of this section where there is a surviving spouse and

more than one child.

Subsec. (e). Pub. L. 95-588 substituted provisions relating to a

surviving spouse who is permanently housebound for provisions

specifying the eligibility requirements for such surviving spouses.

Subsec. (f). Pub. L. 95-588 substituted provisions specifying the

eligibility requirements for surviving spouses for provision

defining "veteran".

Subsecs. (g), (h). Pub. L. 95-588 added subsecs. (g) and (h).

1977 - Subsec. (b)(1). Pub. L. 95-204, Sec. 102(1), increased

monthly rate of pension from $125 to $133, inserted authorization

for reductions by .07 for amounts more than 2,800 but not more than

3,770, and substituted "1,100" for "1,200" in two places, "1,800"

for "2,300" in two places, and "2,800" for "3,540".

Subsec. (b)(3). Pub. L. 95-204, Sec. 102(2), substituted "$3,770"

for "$3,540".

Subsec. (c)(1). Pub. L. 95-204, Sec. 102(3), increased monthly

rate of pension from $149 to $159, and substituted "1,600" for

"1,700" in two places, "2,400" for "2,500" in two places, "2,900"

for "3,300" in two places, and "5,070" for "4,760".

Subsec. (c)(2). Pub. L. 95-204, Sec. 102(4), substituted "$5,070"

for "$4,760".

Subsec. (d). Pub. L. 95-204, Sec. 102(5), substituted "$26" for

"$24".

1976 - Subsec. (b)(1). Pub. L. 94-432, Sec. 203(1), increased

monthly rate of pension from $117 to $125 and substituted $900 to

$1,200 for $900 to $1,500, $1,200 to $2,300 for $1,500 to $2,700

and $2,300 to $3,540 for $2,700 to $3,300.

Subsec. (b)(3). Pub. L. 94-432, Sec. 203(2), substituted "$3,540"

for "$3,300".

Subsec. (c)(1). Pub. L. 94-432, Sec. 203(3), increased monthly

rate of pension from $139 to $149 and substituted $1,100 to $1,700

for $1,100 to $1,800, $1,700 to $2,500 for $1,800 to $2,700, $2,500

to $3,300 for $2,700 to $3,500 and $3,300 to $4,760 for $3,500 to

$4,500.

Subsec. (c)(2). Pub. L. 94-432, Sec. 203(4), substituted "$4,760"

for "$4,500".

Subsec. (d). Pub. L. 94-432, Sec. 203(5), substituted "$24" for

"$22".

1975 - Pub. L. 94-169, Sec. 101(2)(H), substituted "Surviving

Spouses" for "Widows" in section catchline.

Subsec. (a). Pub. L. 94-169, Sec. 101(2)(B), substituted

"surviving spouse" for "widow" and struck out "his" before "death".

Subsec. (b). Pub. L. 94-169, Sec. 103(1), increased, effective

for period beginning Jan. 1, 1976, and ending Sept. 30, 1976,

monthly rate of pension from $108 to $117, substituted $900 to

$1500 for $900 to $2100, $1500 to $2700 for $2100 to $3000 the

minimum and maximum income ranges for which the pension rates will

be reduced by 4 and 5 cents per dollar, respectively, inserted

income range of $2700 to $3300 for which the pension rate will be

reduced by 6 cents, and increased from $3000 to $3300 the maximum

income in excess of which no pension will be paid.

Subsec. (c). Pub. L. 94-169, Sec. 103(1), increased, effective

for period beginning Jan. 1, 1976, and ending Sept. 30, 1976,

pension rate from $128 to $139, substituted $1100 to $1800 for

$1100 to $2100, $1800 to $2700 for $2100 to $3000, $2700 to $3500

for $3000 to $4200 the minimum and maximum income ranges for which

the pension rates will be reduced by 2, 3 and 4 cents per dollar,

respectively, inserted income range of $3500 to $4500 for which the

rate will be reduced by 5 cents, and increased the maximum income

from $4200 to $4500 in excess of which no pension will be paid.

Subsec. (d). Pub. L. 94-169, Sec. 103(2), substituted, effective

for period beginning Jan. 1, 1976, and ending Sept. 30, 1976,

"surviving spouse" for "widow" and "$22" for "$20".

Subsec. (e). Pub. L. 94-169, Sec. 101(2)(C), substituted "to a

surviving spouse of a veteran under this section unless the spouse

was married to the veteran" for "to a widow of a veteran under this

section unless she was married to him", and "(D) May 8, 1985, in

the case of a surviving spouse of a Vietnam era veteran" for "(D)

before the expiration of ten years following termination of the

Vietnam era in the case of a widow of a Vietnam era veteran".

Subsec. (e)(1). Pub. L. 94-169, Sec. 106(40), substituted

"surviving spouse" for "widow" in subcls. (A), (B) and (C).

1974 - Subsec. (b). Pub. L. 93-527, Sec. 3(1), substituted "$108"

for "$96", "$900" for "$1400" wherever appearing, and "$2100" for

"$2600", and inserted provisions for reduction by 5 cents for each

dollar of annual income in excess of $2100 up to and including

$3000, that in no event shall monthly rate of pension be less than

$5.00, and raising the maximum income from $2600 to $3000.

Subsec. (c). Pub. L. 93-527, Sec. 3(2), substituted "$128" for

"$114", and "$2100" for "$2500" wherever appearing, "$3000" for

"$3400" wherever appearing, and "$4200" for "$3800" wherever

appearing.

Subsec. (d). Pub. L. 93-527, Sec. 3(3), substituted "$20" for

"$18".

Subsec. (f). Pub. L. 93-527, Sec. 3(4), added subsec. (f).

1973 - Subsec. (b). Pub. L. 93-177, Sec. 1(c), substituted "$86"

for "$87" and "$1,400" for "$1,900".

Subsec. (c). Pub. L. 93-177, Sec. 1(d), substituted "$700" for

"$600", "$114" for "$104", "$1,100" for "$1,400", "$2,500" for

"$2,700", and "$3,400" for "$3,800" in existing provisions and

inserted provision for a reduction of 4 cents in monthly rate for

each $1 of annual income in excess of $3,400 up to and including

$3,800.

Subsec. (d). Pub. L. 93-177, Sec. 2, substituted "$18" for "$17".

1971 - Subsec. (b). Pub. L. 92-198, Sec. 1(c), substituted

formula for computing monthly pension rates of widow without child

by providing for a maximum monthly pension for each group within

designated income category and for computing each individual's

monthly pension by reducing the maximum rate by a specified number

of cents for each dollar by which the minimum income limitation for

that group is exceeded, for table setting out income and pension

rates, and raised the maximum income from $2,300 to $2,600.

Subsec. (c). Pub. L. 92-198, Sec. 1(d), substituted formula for

computing monthly pension rates of widow with one child by

providing for a maximum monthly pension for each group with

designated annual income category and for computing each

individual's monthly benefit rate by reducing the maximum rate by a

specified number of cents for each dollar by which the minimum

income limitation for that group is exceeded, for table setting out

income and pension rates, and further providing that whenever the

monthly rate payable is less than the amount payable to the child

under section 542 of this title, the widow would be paid at the

child's rate, and raised the maximum income from $3,500 to $3,800.

Subsec. (d). Pub. L. 92-198, Sec. 1(e), substituted "$17" for

"$16".

1970 - Pub. L. 91-588, Sec. 9(d)(3), inserted reference to

Mexican border period in section catchline.

Subsec. (a). Pub. L. 91-588, Sec. 9(d)(1), inserted reference to

Mexican border period.

Subsec. (b). Pub. L. 91-588, Sec. 1(c), provided new annual

income limits to measure monthly pension rates of widow without

child by inserting minimum income limits of $2,000, $2,100, and

$2,200 with maximum limits of $2,100, $2,200, and $2,300 for

monthly benefits of $29, $23, and $17, respectively, and within

existing annual income limits from a maximum of $300 to a maximum

of $2,000, as well as the in-between limits set out in one-hundred

dollar increments, the applicable monthly benefit for each limit

was amended, respectively, by substituting in column II "$81" for

"$74", "80" for "73", "79" for "72", "78" for "70", "76" for "67",

"73" for "64", "70" for "61", "67" for "58", "64" for "55", "61"

for "51", "58" for "48", "55" for "45", "51" for "41", "48" for

"37", "45" for "33", "41" for "29", "37" for "23", and "33" for

"17".

Subsec. (c). Pub. L. 91-588, Sec. 1(d), provided new annual

income limits to measure monthly pension rates of widow with one

child by inserting minimum income limits of $3,200, $3,300, and

$3,400 with maximum limits of $3,300, $3,400, and $3,500 for

monthly benefits of $45, $43, and $41, respectively, and within

existing annual income limits from a maximum of $600 to a maximum

of $3,200, as well as the in-between limits set out in one-hundred

dollar increments, the applicable monthly benefit for each limit

was amended, respectively, by substituting in column II "$99" for

"$90", "98" for "89", "97" for "88", "96" for "87", "95" for "86",

"94" for "85", "92" for "83", "90" for "81", "88" for "79", "86"

for "77", "84" for "75", "82" for "73", "80" for "71", "78" for

"69", "76" for "67", "74" for "65", "72" for "63", "70" for "61",

"68" for "59", "66" for "57", "64" for "55", "62" for "53", "59"

for "51", "56" for "48", "53" for "45", "51" for "43", and "48" for

"41".

Subsec. (e)(1). Pub. L. 91-588, Sec. 9(d)(2), inserted reference

to Mexican border period.

1968 - Subsec. (b). Pub. L. 90-275, Sec. 1(c), in providing new

annual income limits to measure monthly pension rates of widow

without child, substituted minimum income limit of $300 for monthly

benefit of $74 for former $600 limit for monthly benefit of $70,

maximum income limit of $2,000 for monthly benefit of $17 for

former $1,800 limit for monthly benefit of $29, and sixteen other

in-between limits in one hundred dollar increments from more than

$300 to less than $1,900 for monthly benefits of $73 to $23 for

former in-between limit of more than $600 but less than $1,200 for

monthly benefit of $51.

Subsec. (c). Pub. L. 90-275, Sec. 1(d), in providing new annual

income limits to measure monthly pension rates of widow with one

child, substituted minimum income limit of $600 for monthly benefit

of $90 for former $1,000 limit for monthly benefit of $86, maximum

income limit of $3,200 for monthly benefit of $41 for former $3,000

limit for monthly benefit of $45, and twenty-five other in-between

limits in one hundred dollar increments from more than $600 to less

than $3,100 for monthly benefits of $89 to $43 for former

in-between limit of more than $1,000 but less than $2,000 for

monthly benefit of $67.

1967 - Pub. L. 90-77, Sec. 202(f), inserted reference to Vietnam

era in section catchline.

Subsec. (a). Pub. L. 90-77, Sec. 202(d), inserted reference to

Vietnam era.

Subsec. (b). Pub. L. 90-77, Sec. 106(a), increased monthly

pension rate in column II from $64, $48, and $27 to $70, $51, and

$29, respectively.

Subsec. (c). Pub. L. 90-77, Sec. 106(b), increased monthly

pension rate in column II from $80, $64, and $43 to $86, $67, and

$45, respectively.

Subsec. (d). Pub. L. 90-77, Sec. 106(c), substituted "$16" for

"$15".

Subsec. (e)(1). Pub. L. 90-77, Sec. 202(e), added item (D).

Subsec. (e)(2), (3). Pub. L. 90-77, Sec. 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.

1964 - Subsec. (b). Pub. L. 88-664, Sec. 3(c), increased monthly

pension rate in column II from $60, $45, and $25 to $64, $48, and

$27, respectively.

Subsec. (c). Pub. L. 88-664, Sec. 3(d), increased monthly pension

rate in column II from $75, $60, and $40 to $80, $64, and $43,

respectively.

1959 - Pub. L. 86-211 included widows of World War II and Korean

conflict veterans in section catchline.

Subsec. (a). Pub. L. 86-211 included widows of World War II and

Korean conflict veterans, and struck out provisions which

authorized payment of a monthly pension of $50.40 to a widow with

no child and $63 to a widow with one child, with $7.56 for each

additional child. See subsecs. (b) to (d) of this section.

Subsecs. (b) to (e). Pub. L. 86-211 added subsecs. (b) to (d),

redesignated former subsec. (b) as (e), and inserted provisions

relating to the date by which a widow was required to be married to

a veteran of World War II or the Korean conflict.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section

302 of Pub. L. 95-204, set out as a note under section 1122 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section

405(b) of Pub. L. 94-432, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Sections 101 and 106 of Pub. L. 94-169 provided that the

amendments made by those sections are effective Jan. 1, 1976.

Section 103 of Pub. L. 94-169, as amended by section 101 of Pub.

L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section

10 of Pub. L. 93-527, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8

of Pub. L. 93-177, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6

of Pub. L. 92-198, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section

10(a) of Pub. L. 91-588, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment Pub. L. 90-275 effective Jan. 1, 1969, see section 6(a)

of Pub. L. 90-275, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment 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.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section

11 of Pub. L. 88-664, set out as a note under section 1503 of this

title.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-211 effective July 1, 1960, see section

10 of Pub. L. 86-211, set out as a note under section 1521 of this

title.

PENSION, DEPENDENCY, AND INDEMNITY COMPENSATION; RELATION TO SOCIAL

SECURITY AMENDMENTS OF 1967

Payments for balance of calendar year 1968 and calendar year

1969, calendar year 1970, and during each successive calendar year

at prescribed monthly rates when payments would be less under this

title as a result of increase in monthly insurance benefits

provided by Social Security Amendments of 1967, see section 3 of

Pub. L. 90-275, set out as a note under section 1521 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1506, 1508, 1536, 1542,

1543, 5123, 5304, 5312 of this title; title 42 section 8624.

-End-

-CITE-

38 USC Sec. 1542 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Other Periods of War

-HEAD-

Sec. 1542. Children of veterans of a period of war

-STATUTE-

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 $600, as increased from time to time under section 5312 of

this title and reduced by the amount of such child's annual income;

or, if such child is residing with a person who is legally

responsible for such child's 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 $600, 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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 542; Pub. L.

86-211, Sec. 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 88-664, Sec.

4, Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title I, Sec. 107,

title II, Sec. 202(g), (h), Aug. 31, 1967, 81 Stat. 180, 182; Pub.

L. 91-588, Secs. 3(c), 9(e), Dec. 24, 1970, 84 Stat. 1583, 1585;

Pub. L. 92-198, Sec. 1(f), Dec. 15, 1971, 85 Stat. 664; Pub. L.

93-177, Sec. 3, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93-527, Sec. 4,

Dec. 21, 1974, 88 Stat. 1703; Pub. L. 94-169, title I, Secs.

101(2)(D), 104, Dec. 23, 1975, 89 Stat. 1014, 1016; Pub. L. 94-432,

title II, Sec. 204, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204,

title I, Sec. 103, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95-588,

title I, Sec. 110(a), Nov. 4, 1978, 92 Stat. 2504; Pub. L. 102-40,

title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered

Sec. 1542 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 542 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1521(j)" for "521(j)",

"1541" for "541", and "1541(c)" for "541(c)" in two places.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

Pub. L. 102-40 substituted "5312" for "3112" in two places.

1978 - Pub. L. 95-588 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. 95-204, Sec. 103(1), substituted

"$61" and "$26" for "$57" and "$24", respectively.

Subsec. (c). Pub. L. 95-204, Sec. 103(2), substituted "$3,080"

for "$2,890".

1976 - Subsec. (a). Pub. L. 94-432, Sec. 204(1), substituted

"$57" and "$24" for "$53" and "$22", respectively.

Subsec. (c). Pub. L. 94-432, Sec. 204(2), substituted "$2,890"

for "$2,700".

1975 - Subsec. (a). Pub. L. 94-169, Secs. 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. 94-169, Sec. 104, substituted, effective for

period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "$2700"

for "$2400".

1974 - Subsec. (a). Pub. L. 93-527, Sec. 4(1), substituted "$49"

and "$20" for "$44" and "$18" respectively.

Subsec. (c). Pub. L. 93-527, Sec. 4(2), substituted "$2,400" for

"$2,000".

1973 - Subsec. (a). Pub. L. 93-177 substituted "$44" for "$42"

and "$18" for "$17".

1971 - Subsec. (a). Pub. L. 92-198 substituted "$42" and "$17"

for "$40" and "$16" respectively.

1970 - Pub. L. 91-588, Sec. 9(e)(2), inserted reference to

Mexican border period in section catchline.

Subsec. (a). Pub. L. 91-588, Sec. 9(e)(1), inserted reference to

Mexican border period.

Subsec. (c). Pub. L. 91-588, Sec. 3(c), substituted "$2,000" for

"$1,800".

1967 - Pub. L. 90-77, Sec. 202(h), inserted reference to Vietnam

era in section catchline.

Subsec. (a). Pub. L. 90-77, Secs. 107, 202(g), substituted "$40"

and "$16" for "$38" and "$15" and included reference to Vietnam

era, respectively.

1964 - Subsec. (a). Pub. L. 88-664 increased monthly pension for

one child from $35 to $38.

1959 - Pub. L. 86-211 included children of World War II and

Korean conflict veterans in section catchline.

Subsec. (a). Pub. L. 86-211 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. 86-211 added subsec. (c).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section

302 of Pub. L. 95-204, set out as a note under section 1122 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section

405(b) of Pub. L. 94-432, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 101 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

Section 104 of Pub. L. 94-169, as amended by section 101 of Pub.

L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section

10 of Pub. L. 93-527, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8

of Pub. L. 93-177, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6

of Pub. L. 92-198, set out as a note under section 1521 of this

title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section

10(a) of Pub. L. 91-588, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment 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.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section

11 of Pub. L. 88-664, set out as a note under section 1503 of this

title.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-211 effective July 1, 1960, see section

10 of Pub. L. 86-211, set out as a note under section 1521 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1506, 1508, 1541, 1543,

5123, 5312 of this title; title 42 section 8624.

-End-

-CITE-

38 USC Sec. 1543 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

Other Periods of War

-HEAD-

Sec. 1543. Net worth limitation

-STATUTE-

(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 spouse's 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 child's

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 child's estate be consumed for the child's

maintenance. During the period such denial or discontinuance

remains in effect, such child shall not be considered as the

surviving spouse's 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 child's 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 child's maintenance.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 543; Pub. L.

86-211, Sec. 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 94-169, title

I, Sec. 101(2)(E), Dec. 23, 1975, 89 Stat. 1014; Pub. L. 95-588,

title I, Sec. 111, Nov. 4, 1978, 92 Stat. 2504; renumbered Sec.

1543 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 543 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1541" for

"541" in pars. (1) and (2).

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in pars. (1) and (2).

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1542" for

"542".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator".

1978 - Pub. L. 95-588 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. 94-169 substituted "surviving spouse" for "widow".

1959 - Pub. L. 86-211 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

survivor's 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.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section

401 of Pub. L. 95-588, set out as a note under section 101 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 101 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-211 effective July 1, 1960, see section

10 of Pub. L. 86-211, set out as a note under section 1521 of this

title.

-End-

-CITE-

38 USC [Surviving Spouses of Veterans of All Periods of

War - Repealed] 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

[Surviving Spouses of Veterans of All Periods of War - Repealed]

-HEAD-

[SURVIVING SPOUSES OF VETERANS OF ALL PERIODS OF WAR - REPEALED]

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-588, title I, Sec. 112(a)(2), Nov. 4, 1978, 92

Stat. 2505, struck out heading "Surviving Spouses of Veterans of

All Periods of War" below section 543 [now 1543].

1975 - Pub. L. 94-169, title I, Sec. 101(2)(I), Dec. 23, 1975, 89

Stat. 1014, substituted "Surviving Spouses" for "Widows" in heading

below section 543.

-End-

-CITE-

38 USC Sec. 1544 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN

[Surviving Spouses of Veterans of All Periods of War - Repealed]

-HEAD-

[Sec. 1544. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 501 to 543 of this chapter as

sections 1501 to 1543 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 544 of this chapter, added Pub. L. 90-77,

title I, Sec. 108(a), Aug. 31, 1967, 81 Stat. 180; amended Pub. L.

91-588, Sec. 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 93-527,

Sec. 5, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 94-169, title I, Sec.

105, Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94-432, title II, Sec.

205, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204, title I, Sec.

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. 95-588, title I, Sec. 112(a)(1), title IV, Sec.

401, Nov. 4, 1978, 92 Stat. 2505, 2511, effective Jan. 1, 1979.

-End-

-CITE-

38 USC SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST

GUARD MEDAL OF HONOR ROLL 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF

HONOR ROLL

-HEAD-

SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF

HONOR ROLL

-MISC1-

AMENDMENTS

1963 - Pub. L. 88-77, Sec. 5(3), July 25, 1963, 77 Stat. 96,

substituted "ARMY, NAVY, AIR FORCE, AND COAST GUARD" for "ARMY,

NAVY, AND AIR FORCE" in subchapter heading.

-End-

-CITE-

38 USC Sec. 1560 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF

HONOR ROLL

-HEAD-

Sec. 1560. Medal of Honor Roll; persons eligible

-STATUTE-

(a) There shall be in the Department of the Army, the Department

of the Navy, the Department of the Air Force, and the Department of

Homeland Security, respectively, a roll designated as the "Army,

Navy, Air Force, and Coast Guard Medal of Honor Roll".

(b) Upon written application to the Secretary concerned, that

Secretary shall enter and record on such roll the name of each

surviving person who has served on active duty in the armed forces

of the United States and who has been awarded a medal of honor for

distinguishing such person conspicuously by gallantry and

intrepidity at the risk of such person's life above and beyond the

call of duty while so serving.

(c) Applications for entry on such roll shall be made in the form

and under regulations prescribed by the Secretary concerned, and

shall indicate whether or not the applicant desires to receive the

special pension provided by section 1562 of this title. Proper

blanks and instructions shall be furnished by the Secretary

concerned, without charge upon the request of any person claiming

the benefits of this subchapter.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1139, Sec. 560; Pub. L.

87-138, Sec. 1, Aug. 14, 1961, 75 Stat. 338; Pub. L. 88-77, Sec.

5(1), July 25, 1963, 77 Stat. 95; Pub. L. 88-651, Oct. 13, 1964, 78

Stat. 1078; Pub. L. 89-311, Sec. 4, Oct. 31, 1965, 79 Stat. 1156;

Pub. L. 91-24, Sec. 5, June 11, 1969, 83 Stat. 33; Pub. L. 94-169,

title I, Sec. 106(41), Dec. 23, 1975, 89 Stat. 1019; renumbered

Sec. 1560 and amended Pub. L. 102-83, Secs. 4(b)(4)(A), 5(a),

(c)(1), Aug. 6, 1991, 105 Stat. 405, 406; Pub. L. 107-296, title

XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296 substituted "of Homeland

Security" for "of Transportation".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 560 of this

title as this section.

Subsec. (b). Pub. L. 102-83, Sec. 4(b)(4)(A), substituted "that

Secretary" for second reference to "the Secretary".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1562" for

"562".

1975 - Subsec. (b). Pub. L. 94-169 substituted "such person" for

"himself" and "such person's" for "his".

1969 - Subsec. (a). Pub. L. 91-24 substituted "Department of

Transportation" for "Department of the Treasury".

1965 - Subsec. (b). Pub. L. 89-311 struck out requirement that

prospective enrollees have attained the age of forty before being

eligible for entry on the roll.

1964 - Subsec. (b). Pub. L. 88-651 substituted "forty years" for

"fifty years" and "beyond the call of duty while so serving" for

"beyond the call of duty -

"(1) while engaged in action against an enemy of the United

States;

"(2) while engaged in military operations involving conflict

with an opposing foreign force; or

"(3) while serving with friendly foreign forces engaged in an

armed conflict against an opposing armed force in which the

United States is not a belligerent party."

1963 - Subsec. (a). Pub. L. 88-77 inserted references to

Department of the Treasury and to Coast Guard.

Subsec. (b). Pub. L. 88-77 enlarged the authority to enter and

record names on the Medal of Honor Roll, which was limited to

persons who served in the active military, naval or air service of

the United States in any war, and who distinguished themselves by

gallantry or intrepidity in action involving actual conflict with

an enemy, to permit entering and recording names of persons who

served on active duty in the Armed Forces of the United States

distinguish themselves by gallantry and intrepidity while engaged

in action against an enemy of the United States, while engaged in

military operations involving conflict with an opposing foreign

force, or while serving with friendly foreign forces engaged in an

armed conflict against an opposing armed force in which the United

States is not a belligerent party.

1961 - Subsec. (b). Pub. L. 87-138, Sec. 1(a), reduced the age

requirement for entry on the Medal of Honor Roll from 65 to 50

years and struck out requirement that such person must have

received an honorable discharge.

Subsec. (c). Pub. L. 87-138, Sec. 1(b), required applicants to

indicate if they wished to receive the pension provided by section

562 of this title.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1965 AMENDMENT

Amendment by Pub. L. 89-311 effective first day of second

calendar month following Oct. 31, 1965, see section 9 of Pub. L.

89-311, set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Section 4 of Pub. L. 87-138 provided that: "The amendments made

by this Act [amending this section and sections 561 and 562 [now

1561 and 1562] of this title] shall take effect on the first day of

the first month which begins after the date of the enactment of

this Act [Aug. 14, 1961], except that the amendments made by

subsection (b) of the first section [amending subsec. (c) of this

section] and by section 2 [amending section 561 [now 1561] of this

title] shall not apply with respect to any application under

section 560 [now 1560] of title 38, United States Code, made before

such first day by any person who fulfilled the qualifications

prescribed by subsection (b) of such section at the time such

application was made."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1561, 1562 of this title.

-End-

-CITE-

38 USC Sec. 1561 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF

HONOR ROLL

-HEAD-

Sec. 1561. Certificate

-STATUTE-

(a) The Secretary concerned shall determine whether or not each

applicant is entitled to have such person's name entered on the

Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. If the

official award of the Medal of Honor to the applicant, or the

official notice to such person thereof, shows that the Medal of

Honor was awarded to the applicant for an act described in section

1560 of this title, such award or notice shall be sufficient to

entitle the applicant to have such person's name entered on such

roll without further investigation; otherwise all official

correspondence, orders, reports, recommendations, requests, and

other evidence on file in any public office or department shall be

considered.

(b) Each person whose name is entered on the Army, Navy, Air

Force, and Coast Guard Medal of Honor Roll shall be furnished a

certificate of service and of the act of heroism, gallantry,

bravery, or intrepidity for which the Medal of Honor was awarded,

of enrollment on such roll, and, if such person has indicated such

person's desire to receive the special pension provided by section

1562 of this title, of such person's right to such special pension.

(c) The Secretary concerned shall deliver to the Secretary a

certified copy of each certificate issued under subsection (b) in

which the right of the person named in the certificate to the

special pension provided by section 1562 of this title is set

forth. Such copy shall authorize the Secretary to pay such special

pension to the person named in the certificate.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1139, Sec. 561; Pub. L.

87-138, Sec. 2(a), Aug. 14, 1961, 75 Stat. 338; Pub. L. 88-77, Sec.

5(2), July 25, 1963, 77 Stat. 95; Pub. L. 94-169, title I, Sec.

106(42), (43), Dec. 23, 1975, 89 Stat. 1019; renumbered Sec. 1561

and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 561 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1560" for

"560".

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1562" for

"562".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1562" for

"562".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" after "the" in two places.

1975 - Subsec. (a). Pub. L. 94-169, Sec. 106(42), substituted

"such person's" for "his" wherever appearing, and "such person" for

"him".

Subsec. (b). Pub. L. 94-169, Sec. 106(42), substituted "such

person" for "he" and "such person's" for "his" wherever appearing.

Subsec. (c). Pub. L. 94-169, Sec. 106(43), struck out "by him"

after "certificate issued".

1963 - Subsecs. (a), (b). Pub. L. 88-77 inserted references to

the Coast Guard.

1961 - Pub. L. 87-138 struck out "entitling holder to pension",

after "Certificate" in section catchline.

Subsec. (a). Pub. L. 87-138 substituted "have his name entered on

the Army, Navy, and Air Force Medal of Honor Roll" for "the

benefits of this subchapter", and "have his name entered on such

roll" for "special pension under this subchapter".

Subsec. (b). Pub. L. 87-138 inserted provisions relating to the

enrollee's indication of desire to receive pension.

Subsec. (c). Pub. L. 87-138 required the copy to set forth the

right of the person named in the certificate to the pension.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-138 effective Sept. 1, 1961, except that

it shall not apply with respect to applications under section 1560

[formerly 560] of this title made prior to Sept. 1, 1961, by anyone

who fulfilled the qualifications prescribed by subsec. (b) of such

section 1560 [formerly 560] at the time such application was made,

see section 4 of Pub. L. 87-138, set out as a note under section

1560 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1562 of this title.

-End-

-CITE-

38 USC Sec. 1562 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

OR FOR SERVICE

SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF

HONOR ROLL

-HEAD-

Sec. 1562. Special provisions relating to pension

-STATUTE-

(a) The Secretary shall pay monthly to each person whose name has

been entered on the Army, Navy, Air Force, and Coast Guard Medal of

Honor roll, and a copy of whose certificate has been delivered to

the Secretary under subsection (c) of section 1561 of this title, a

special pension at the rate of $1,000, as adjusted from time to

time under subsection (e), beginning as of the date of application

therefor under section 1560 of this title.

(b) The receipt of special pension shall not deprive any person

of any other pension or other benefit, right, or privilege to which

such person is or may hereafter be entitled under any existing or

subsequent law. Special pension shall be paid in addition to all

other payments under laws of the United States.

(c) Special pension shall not be subject to any attachment,

execution, levy, tax lien, or detention under any process whatever.

(d) If any person has been awarded more than one medal of honor,

such person shall not receive more than one special pension.

(e) Effective as of December 1 each year, the Secretary shall

increase the amount of monthly special pension payable under

subsection (a) as of November 30 of such year by the same

percentage as the percentage by which benefit amounts payable under

title II of the Social Security Act (42 U.S.C. 401 et seq.) are

increased effective December 1 of such year as a result of a

determination under section 215(i) of that Act (42 U.S.C. 415(i)).

(f)(1) The Secretary shall pay, in a lump sum, to each person who

is in receipt of special pension payable under this section an

amount equal to the total amount of special pension that the person

would have received during the period beginning on the first day of

the first month beginning after the date of the act for which the

person was awarded the Medal of Honor and ending on the last day of

the month preceding the month in which the person's special pension

in fact commenced.

(2) For each month of a period referred to in paragraph (1), the

amount of special pension payable to a person shall be determined

using the rate of special pension that was in effect for such

month, and shall be payable only if the person would have been

entitled to payment of special pension for such month under laws

for eligibility for special pension (with the exception of the

eligibility law requiring a person to have been awarded a Medal of

Honor) in effect at the beginning of such month.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1140, Sec. 562; Pub. L.

87-138, Sec. 3, Aug. 14, 1961, 75 Stat. 339; Pub. L. 88-77, Sec.

5(2), July 25, 1963, 77 Stat. 95; Pub. L. 94-169, title I, Sec.

106(44), (45), Dec. 23, 1975, 89 Stat. 1019; Pub. L. 95-479, title

III, Sec. 302, Oct. 18, 1978, 92 Stat. 1565; renumbered Sec. 1562

and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 103-161, Sec. 1(a), Nov.

30, 1993, 107 Stat. 1967; Pub. L. 105-368, title III, Sec. 301(a),

Nov. 11, 1998, 112 Stat. 3332; Pub. L. 107-330, title III, Sec.

304(a)-(c), Dec. 6, 2002, 116 Stat. 2826.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (e), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is

classified generally to subchapter II (Sec. 401 et seq.) of chapter

7 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-MISC1-

PRIOR PROVISIONS

Prior sections 1601, 1602, 1621 to 1625, 1631 to 1634, 1641, and

1643, which comprised chapter 32, were renumbered sections 3201,

3202, 3221 to 3225, 3231 to 3234, 3241, and 3243 of this title,

respectively. Prior section 1642, Pub. L. 94-502, title IV, Sec.

404, Oct. 15, 1976, 90 Stat. 2397; amended Pub. L. 97-295, Sec.

4(37), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 101-237, title IV,

Sec. 423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092, directed

Secretary of Veterans Affairs and Secretary of Defense to submit a

joint report annually on operations of program provided under

chapter 32 of this title, prior to repeal by Pub. L. 102-16, Sec.

5(a), Mar. 22, 1991, 105 Stat. 50.

Other prior sections 1601, 1610 to 1613, 1620 to 1626, 1631 to

1634, 1641 to 1645, 1651 to 1656, and 1661 to 1669, Pub. L. 85-857,

Sept. 2, 1958, 72 Stat. 1174-1192; Pub. L. 86-150, Aug. 11, 1964,

73 Stat. 332; Pub. L. 87-815, Sec. 1, Oct. 15, 1962, 76 Stat. 926;

Pub. L. 88-361, Sec. 7, July 7, 1964, 78 Stat. 298, comprised

chapter 33, Education of Korean Conflict Veterans, prior to repeal

by Pub. L. 89-358, Sec. 4(a), Mar. 3, 1966, 80 Stat. 23.

Section 1601 defined "basic service period", "eligible veteran",

"program of education or training", "course", "dependent",

"educational institutions", "training establishments", "State", and

"Commissioner", made benefits unavailable to individuals serving as

commissioned officers of Coast and Geodetic Survey or of Regular or

Reserve Corps of the Public Health Service unless the service

qualified those individuals for benefits under title II of the

Veteran's Readjustment Assistance Act of 1952, and declared

Congressional policy. See sections 3451(3), (4) and 3452(a)(1),

(3)(A), (B), (b) to (d) of this title.

Section 1610 provided for entitlement to education or training

generally. See section 3461(a) of this title.

Section 1611 related to duration of veteran's education or

training. See sections 3452(a)(3)(A), (B), 3461(a), (b)(1), (3),

(4), (c), and 3482(c)(2) of this title.

Section 1612 related to commencement of education and time

limitations. See section 3462 of this title.

Section 1613 provided for expiration of all education and

training. See section 3462(a) of this title.

Section 1620 related to selections of program. See sections 3470

and 3476 of this title.

Section 1621 provided for applications and approval of

applications. See section 3471 of this title.

Section 1622 related to change of program. See section 3691 of

this title.

Section 1623 provided for disapproval of enrollment in certain

courses. See section 3473(a) and (d) of this title.

Section 1624 provided discontinuance for unsatisfactory progress.

See section 3474 of this title.

Section 1625 provided for a period of operation for approval. See

section 3689 of this title.

Section 1626 related to institutions listed by Attorney General.

Similar provisions were classified to section 1789 of this title,

renumbered section 1793, and subsequently repealed by section

511(1) of Pub. L. 94-502.

Section 1631 provided for education and training allowance. See

section 3481(a), (b), (d), and (e) of this title.

Section 1632 provided for computation of education and training

allowances for institutional courses, apprentice and on-the-job

training, on-farm training, correspondence and flight training

courses, and less-than-half time basis courses. See sections

3482(a), (b)(2), (c)(1) and 3681 of this title.

Section 1633 related to measurement of courses.

Section 1634 related to overcharges by educational institutions.

Section 1641 related to designation of State approving agencies.

See section 3671 of this title.

Section 1642 related to approval of courses. See section 3672 of

this title.

Section 1643 provided for cooperation between the Administrator

and the State approving agencies. See section 3673 of this title.

Section 1644 provided for use of Office of Education and other

Federal agencies. See section 3690 of this title.

Section 1645 provided for reimbursement of expenses. See section

3674 of this title.

Section 1651 provided for apprentice or other training on the

job.

Section 1652 provided for institutional on-farm training for

Korean conflict veterans.

Section 1653 provided for approval of accredited courses for

Korean conflict veterans. See section 3675 of this title.

Section 1654 provided for approval of nonaccredited courses for

Korean conflict veterans. See section 3676 of this title.

Section 1655 provided for notice of approval of courses for

Korean conflict veterans. See section 3677 of this title.

Section 1656 provided for disapproval of courses and

discontinuance of allowances for Korean conflict veterans. See

section 3678 of this title.

Section 1661 related to authority and duties of Administrator

concerning education of Korean conflict veterans.

Section 1662 related to Advisory Committee. See section 3688 of

this title.

Section 1663 provided for control by agencies of United States.

See section 3682 of this title.

Section 1664 related to conflicting interests by officers or

employees of the Veterans Administration, Office of Education, or

State approving agency. See section 3683 of this title.

Section 1665 related to reports by institutions concerning Korean

conflict veterans. See section 3684 of this title.

Section 1666 related to overpayments to Korean conflict veterans.

See section 3685 of this title.

Section 1667 related to examination of records of Korean conflict

veterans. See section 3686 of this title.

Section 1668 related to submitting false and misleading claims by

Korean conflict veterans or educational institutions. See section

3687 of this title.

Section 1669 related to information furnished by Federal Trade

Commission to State approving agencies.

Prior sections 1651, 1652, 1661, 1662, 1670, 1671, 1673, 1674,

1676, 1681, 1682, 1683 to 1685, and 1690 to 1693, which comprised

chapter 34, were renumbered 3451, 3452, 3461, 3462, 3470, 3471,

3473, 3474, 3476, 3481, 3482, 3483 to 3485, and 3490 to 3493,

respectively, of this title.

Prior section 1663, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,

80 Stat. 15; amended Pub. L. 94-502, title II, Sec. 211(4), Oct.

15, 1976, 90 Stat. 2388; Pub. L. 95-202, title III, Sec. 302(a),

Nov. 23, 1977, 91 Stat. 1440; Pub. L. 99-576, title III, Sec. 312,

Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101-237, title IV, Sec.

423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092, related to educational

and vocational counseling, prior to repeal by Pub. L. 102-16, Sec.

2(b)(1)(A), Mar. 22, 1991, 105 Stat. 49. See section 3697A of this

title.

Prior section 1672, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,

80 Stat. 15, related to change of program by veteran, prior to

repeal by Pub. L. 92-540, title IV, Sec. 401(6), Oct. 24, 1972, 86

Stat. 1090. See section 3691 of this title.

Prior section 1675, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,

80 Stat. 16, related to period of operation for approval by

Administrator, prior to repeal by Pub. L. 92-540, title IV, Sec.

401(6), Oct. 24, 1972, 86 Stat. 1090. See section 3689 of this

title.

Prior section 1677, added Pub. L. 90-77, title III, Sec. 302(b),

Aug. 31, 1967, 81 Stat. 185; amended Pub. L. 90-631, Sec. 5, Oct.

23, 1968, 82 Stat. 1335; Pub. L. 91-219, title I, Sec. 102, title

II, Sec. 203, Mar. 26, 1970, 84 Stat. 76, 78; Pub. L. 92-540, title

I, Sec. 102(1), title IV, Sec. 401(3), Oct. 24, 1972, 86 Stat.

1075, 1090; Pub. L. 93-508, title I, Sec. 102(1), Dec. 3, 1974, 88

Stat. 1579; Pub. L. 93-602, title II, Sec. 203(a), Jan. 2, 1975, 88

Stat. 1958; Pub. L. 95-202, title I, Sec. 102(1), Nov. 23, 1977, 91

Stat. 1433; Pub. L. 96-466, title II, Secs. 201(1), 211(1), title

VI, Sec. 603(a), Oct. 17, 1980, 94 Stat. 2187, 2189, 2209, set

forth provisions respecting eligibility, approval, etc., for flight

training, prior to repeal by Pub. L. 97-35, title XX, Secs.

2003(b)(3)(A), 2006, Aug. 13, 1981, 95 Stat. 782, 783, effective

Oct. 1, 1981, except as otherwise provided for persons receiving

educational assistance.

Prior section 1678, added Pub. L. 90-77, title III, Sec. 306(a),

Aug. 31, 1967, 81 Stat. 188, related to special training for

educationally disadvantaged, prior to repeal by Pub. L. 91-219,

title II, Sec. 204(a)(2), Mar. 26, 1970, 84 Stat. 79. See

subchapter V of chapter 34 of this title.

Prior section 1682A, added Pub. L. 95-202, title II, Sec. 201(a),

Nov. 23, 1977, 91 Stat. 1436; amended Pub. L. 97-295, Sec. 4(41),

Oct. 12, 1982, 96 Stat. 1308, related to accelerated payment of

educational assistance allowances, prior to repeal by Pub. L.

100-689, title I, Sec. 124(a), Nov. 18, 1988, 102 Stat. 4174.

Another prior section 1683, which related to measurement of

courses, was renumbered section 1684 and subsequently repealed by

Pub. L. 92-540, title III, Sec. 304, Oct. 24, 1972, 86 Stat. 1081.

Another prior section 1683, added Pub. L. 90-77, title III, Sec.

304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 91-219, title

I, Sec. 103(e), Mar. 26, 1970, 84 Stat. 77; Pub. L. 91-584, Sec. 7,

Dec. 24, 1970, 84 Stat. 1576, related to apprenticeship or other

on-job training, prior to repeal by Pub. L. 92-540, title IV, Sec.

401(6), Oct. 24, 1972, 84 Stat. 1090. See section 3687 of this

title.

Another prior section 1684, which related to overcharging of

eligible veterans by educational institutions, was renumbered

section 1685 and subsequently repealed by Pub. L. 92-540, title II,

Sec. 203, Oct. 24, 1972, 86 Stat. 1079.

Another prior section 1684, added Pub. L. 89-358, Sec. 2, Mar. 3,

1966, 80 Stat. 18, Sec. 1683; renumbered Sec. 1684, Pub. L. 90-77,

title III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub.

L. 91-219, title II, Sec. 206(a), Mar. 26, 1970, 84 Stat. 81; Pub.

L. 91-584, Secs. 8, 11, Dec. 24, 1970, 84 Stat. 1577, related to

measurement of courses, prior to repeal by Pub. L. 92-540, title

III, Sec. 304, Oct. 24, 1972, 86 Stat. 1081. See section 3688 of

this title.

Another prior section 1685, which related to approval of courses,

was renumbered section 1683.

Another prior section 1685, added Pub. L. 89-358, Sec. 2, Mar. 3,

1966, 80 Stat. 19, Sec. 1684; renumbered Sec. 1865, Pub. L. 90-77,

title III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186, related to

overcharging of eligible veterans by educational institutions,

prior to repeal by Pub. L. 92-540, title II, Sec. 203, Oct. 24,

1972, 86 Stat. 1079. See section 3690 of this title.

Prior section 1686, added Pub. L. 93-508, title III, Sec. 302(a),

Dec. 3, 1974, 88 Stat. 1591; amended Pub. L. 97-35, title XX, Sec.

2005(b), Aug. 13, 1981, 95 Stat. 783, related to educational loans

to any eligible veteran to whom section 1662(a)(2) of this title

applied, prior to repeal by Pub. L. 100-689, title I, Sec. 124(a),

Nov. 18, 1988, 102 Stat. 4174.

Another prior section 1686, which related to approval of courses,

was renumbered section 1683.

Another prior section 1686, which related to discontinuance of

educational assistance allowance by Administrator, was renumbered

section 1687 and subsequently repealed by Pub. L. 92-540, title IV,

Sec. 401(6), Oct. 24, 1972, 86 Stat. 1090.

Prior section 1687, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,

80 Stat. 19, Sec. 1686; renumbered Sec. 1687, Pub. L. 90-77, title

III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186, related to

discontinuance of educational assistance allowance by

Administrator, prior to repeal by Pub. L. 92-540, title IV, Sec.

401(6), Oct. 24, 1972, 86 Stat. 1090. See section 3690(b) of this

title.

Prior sections 1695 to 1698 were repealed, effective Oct. 1,

1980, by Pub. L. 96-466, title VI, Sec. 601(a)(1), title VIII, Sec.

802(f), Oct. 17, 1980, 94 Stat. 2208, 2218.

Section 1695, added Pub. L. 91-219, title II, Sec. 204(a)(4),

Mar. 26, 1970, 84 Stat. 80, set forth purpose of former subchapter

VI relating to a predischarge education program and defined

"eligible person" for purposes of subchapter VI of chapter 34.

Section 1696, added Pub. L. 91-219, title II, Sec. 204(a)(4),

Mar. 26, 1970, 84 Stat. 80; amended Pub. L. 92-540, title I, Sec.

102(5), title III, Sec. 307, Oct. 24, 1972, 86 Stat. 1075, 1081;

Pub. L. 93-508, title I, Sec. 102(5), Dec. 3, 1974, 88 Stat. 1580;

Pub. L. 93-602, title II, Sec. 203(c), Jan. 2, 1975, 88 Stat. 1958;

Pub. L. 94-502, title II, Secs. 201(4), 210(5), 211(13), Oct. 15,

1976, 90 Stat. 2385, 2388, 2389; Pub. L. 95-202, title I, Sec.

102(6), Nov. 23, 1977, 91 Stat. 1434, related to payment of an

educational assistance allowance.

Section 1697, added Pub. L. 91-219, title II, Sec. 204(a)(4),

Mar. 26, 1970, 84 Stat. 81, related to educational and vocational

guidance.

Section 1698, added Pub. L. 92-540, title III, Sec. 308, Oct. 24,

1972, 86 Stat. 1082, Sec. 1697A; renumbered Sec. 1698 and amended

Pub. L. 94-502, title II, Secs. 210(3), 211(14), Oct. 15, 1976, 90

Stat. 2388, 2389; Pub. L. 95-202, title III, Sec. 302(b), Nov. 23,

1977, 91 Stat. 1441, related to coordination with and participation

by Department of Defense in carrying out functions and duties of

Department of Defense under predischarge education program.

Prior section 1700, which comprised the first section of chapter

35, was renumbered section 3500 of this title.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-330, Sec. 304(a), substituted

"$1,000, as adjusted from time to time under subsection (e)" for

"$600".

Subsec. (e). Pub. L. 107-330, Sec. 304(b), added subsec. (e).

Subsec. (f). Pub. L. 107-330, Sec. 304(c), added subsec. (f).

1998 - Subsec. (a). Pub. L. 105-368 substituted "$600" for

"$400".

1993 - Subsec. (a). Pub. L. 103-161 substituted "$400" for

"$200".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 562 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1561" for

"561" and "1560" for "560".

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" in two places.

1978 - Subsec. (a). Pub. L. 95-479 increased from $100 to $200

the special pension.

1975 - Subsec. (a). Pub. L. 94-169, Sec. 106(44), substituted

"delivered to the Administrator" for "delivered to him".

Subsecs. (b), (d). Pub. L. 94-169, Sec. 106(45), substituted

"such person" for "he".

1963 - Subsec. (a). Pub. L. 88-77 inserted references to the

Coast Guard.

1961 - Subsec. (a). Pub. L. 87-138 inserted ", and a copy of

whose certificate has been delivered to him under subsection (c) of

section 561 of this title," after "Medal of Honor roll", and

increased pension from $10 to $100.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-330, title III, Sec. 304(d), Dec. 6, 2002, 116 Stat.

2826, provided that:

"(1) Except as provided in paragraph (2), the amendments made by

subsections (a) and (b) [amending this section] shall take effect

on September 1, 2003. No payment may be made pursuant to subsection

(f) of section 1562 of title 38, United States Code, as added by

subsection (c) of this section, before October 1, 2003.

"(2) The Secretary of Veterans Affairs shall not make any

adjustment under subsection (e) of section 1562 of title 38, United

States Code, as added by subsection (b) of this section, in 2003."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-368, title III, Sec. 301(b), Nov. 11, 1998, 112 Stat.

3332, provided that: "The amendment made by subsection (a)

[amending this section] shall take effect on the first day of the

first month beginning on or after the date of the enactment of this

Act [Nov. 11, 1998]."

EFFECTIVE DATE OF 1993 AMENDMENT

Section 1(b) of Pub. L. 103-161 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to months beginning after the date of the enactment of this

Act [Nov. 30, 1993]."

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-479 effective Jan. 1, 1979, see section

401(b) of Pub. L. 95-479, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 106 of Pub. L. 94-169 provided that the amendment made by

that section is effective Jan. 1, 1976.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1560, 1561 of this title;

title 26 sections 140, 6334.

-End-