-CITE-

38 USC CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED

DISABILITY OR DEATH 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

-HEAD-

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

1101. Definitions.

1102. Special provisions relating to surviving spouses.

1103. Special provisions relating to claims based upon

effects of tobacco products.

1104. Cost-of-living adjustments.

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

1110. Basic entitlement.

1111. Presumption of sound condition.

1112. Presumptions relating to certain diseases and

disabilities.

1113. Presumptions rebuttable.

1114. Rates of wartime disability compensation.

1115. Additional compensation for dependents.

1116. Presumptions of service connection for diseases

associated with exposure to certain herbicide agents;

presumption of exposure for veterans who served in

the Republic of Vietnam.

1117. Compensation for disabilities occurring in Persian

Gulf War veterans.

1118. Presumptions of service connection for illnesses

associated with service in the Persian Gulf during

the Persian Gulf War.

SUBCHAPTER III - WARTIME DEATH COMPENSATION

1121. Basic entitlement.

1122. Rates of wartime death compensation.

SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

1131. Basic entitlement.

1132. Presumption of sound condition.

1133. Presumptions relating to certain diseases.

1134. Rates of peacetime disability compensation.

1135. Additional compensation for dependents.

1137. Wartime presumptions for certain veterans.

SUBCHAPTER V - PEACETIME DEATH COMPENSATION

1141. Basic entitlement.

1142. Rates of peacetime death compensation.

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

1151. Benefits for persons disabled by treatment or

vocational rehabilitation.

1152. Persons heretofore having a compensable status.

1153. Aggravation.

1154. Consideration to be accorded time, place, and

circumstances of service.

1155. Authority for schedule for rating disabilities.

1157. Combination of certain ratings.

1158. Disappearance.

1159. Protection of service connection.

1160. Special consideration for certain cases of loss of

paired organs or extremities.

1161. Payment of disability compensation in disability

severance cases.

1162. Clothing allowance.

1163. Trial work periods and vocational rehabilitation for

certain veterans with total disability ratings.

AMENDMENTS

2001 - Pub. L. 107-103, title II, Sec. 201(c)(2)(B), Dec. 27,

2001, 115 Stat. 988, substituted "Presumptions of service

connection for diseases associated with exposure to certain

herbicide agents; presumption of exposure for veterans who served

in the Republic of Vietnam" for "Presumptions of service connection

for diseases associated with exposure to certain herbicide agents"

in item 1116.

1998 - Pub. L. 105-368, title X, Sec. 1005(a), Nov. 11, 1998, 112

Stat. 3364, renumbered item 1103 "Cost-of-living adjustments" as

1104.

Pub. L. 105-277, div. C, title XVI, Sec. 1602(a)(2), Oct. 21,

1998, 112 Stat. 2681-744, added item 1118.

Pub. L. 105-178, title VIII, Sec. 8202(a)(2), as added by Pub. L.

105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 865,

added item 1103 "Special provisions relating to claims based upon

effects of tobacco products".

1997 - Pub. L. 105-33, title VIII, Sec. 8031(a)(2), Aug. 5, 1997,

111 Stat. 668, added item 1103 "Cost-of-living adjustments".

1994 - Pub. L. 103-446, title I, Sec. 106(a)(2), Nov. 2, 1994,

108 Stat. 4651, added item 1117.

1992 - Pub. L. 102-568, title IV, Sec. 401(d)(2), Oct. 29, 1992,

106 Stat. 4336, substituted "Trial work periods and vocational

rehabilitation for certain veterans with total disability ratings"

for "Temporary program for trial work periods and vocational

rehabilitation for certain veterans with total disability ratings"

in item 1163.

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

renumbered items 301 to 363 as 1101 to 1163, respectively.

Pub. L. 102-4, Sec. 2(a)(2), Feb. 6, 1991, 105 Stat. 13, added

item 316.

1986 - Pub. L. 99-576, title I, Sec. 109(a)(2), Oct. 28, 1986,

100 Stat. 3253, amended item 360 generally, substituting "loss of

paired organs or extremities" for "blindness or bilateral kidney

involvement or bilateral deafness".

1984 - Pub. L. 98-543, title I, Sec. 111(a)(2), Oct. 24, 1984, 98

Stat. 2739, added item 363.

1982 - Pub. L. 97-295, Sec. 4(9), Oct. 12, 1982, 96 Stat. 1305,

added item 361.

1976 - Pub. L. 94-433, title IV, Secs. 401(1), 404(5), Sept. 30,

1976, 90 Stat. 1377, 1378, substituted "surviving spouses" for

"widows" in item 302 and struck out item 356 "Minimum rating for

arrested tuberculosis".

1974 - Pub. L. 93-295, title II, Sec. 206(c), May 31, 1974, 88

Stat. 183, struck out item 343 "Conditions under which wartime

rates payable".

1972 - Pub. L. 92-328, title I, Secs. 103(b), 108(d), June 30,

1972, 86 Stat. 394, 396, struck out item 336 "Conditions under

which wartime rates payable" and added item 362.

1970 - Pub. L. 91-376, Sec. 3(c), Aug. 12, 1970, 84 Stat. 789,

inserted reference to disabilities in item 312.

1966 - Pub. L. 89-358, Sec. 7(b), Mar. 3, 1966, 80 Stat. 27,

added item 337.

1965 - Pub. L. 89-311, Sec. 3(c), Oct. 31, 1965, 79 Stat. 1155,

inserted reference to bilateral deafness in item 360.

1962 - Pub. L. 87-610, Sec. 2, Aug. 28, 1962, 76 Stat. 406, added

item 360.

1960 - Pub. L. 86-501, Sec. 2, June 10, 1960, 74 Stat. 195, added

item 359.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 106, 107, 1310, 1315,

1712, 1822, 2101, 3102, 3485, 3501, 3901, 4213, 5125, 5303A, 5310,

5313B, 5317 of this title; title 10 sections 1086, 1413a, 1437,

1446, 1450; 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 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-End-

-CITE-

38 USC Sec. 1101 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1101. Definitions

-STATUTE-

For the purposes of this chapter -

(1) The term "veteran" includes a person who died in the active

military, naval, or air service.

(2) The term "period of war" includes, in the case of any veteran

-

(A) 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; and

(B) any period of continuous service performed by such veteran

after December 31, 1946, and before July 26, 1947, if such period

began before January 1, 1947.

(3) The term "chronic disease" includes -

Anemia, primary

Arteriosclerosis

Arthritis

Atrophy, progressive muscular

Brain hemorrhage

Brain thrombosis

Bronchiectasis

Calculi of the kidney, bladder, or gallbladder

Cardiovascular-renal disease, including hypertension

Cirrhosis of the liver

Coccidioidomycosis

Diabetes mellitus

Encephalitis lethargica residuals

Endocarditis

Endocrinopathies

Epilepsies

Hansen's disease

Hodgkin's disease

Leukemia

Lupus erythematosus, systemic

Myasthenia gravis

Myelitis

Myocarditis

Nephritis

Organic diseases of the nervous system

Osteitis deformans (Paget's disease)

Osteomalacia

Palsy, bulbar

Paralysis agitans

Psychoses

Purpura idiopathic, hemorrhagic

Raynaud's disease

Sarcoidosis

Scleroderma

Sclerosis, amyotrophic lateral

Sclerosis, multiple

Syringomyelia

Thromboangiitis obliterans (Buerger's disease)

Tuberculosis, active

Tumors, malignant, or of the brain or spinal cord or

peripheral nerves

Ulcers, peptic (gastric or duodenal)

and such other chronic diseases as the Secretary may add to this

list.

(4) The term "tropical disease" includes -

Amebiasis

Blackwater fever

Cholera

Dracontiasis

Dysentery

Filiariasis

Hansen's disease

Leishmaniasis, including kala-azar

Loiasis

Malaria

Onchocerciasis

Oroya fever

Pinta

Plague

Schistosomiasis

Yaws

Yellow fever

and such other tropical diseases as the Secretary may add to this

list.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1118, Sec. 301; Pub. L.

94-433, title IV, Secs. 401(2), (3), 404(1), Sept. 30, 1976, 90

Stat. 1377, 1378; Pub. L. 98-160, title VII, Sec. 702(2), Nov. 21,

1983, 97 Stat. 1009; Pub. L. 100-322, title III, Sec. 313, May 20,

1988, 102 Stat. 535; renumbered Sec. 1101 and amended Pub. L.

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

404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 301 of this

title as this section.

Pars. (3), (4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

"Secretary" for "Administrator".

1988 - Par. (3). Pub. L. 100-322 inserted "Lupus erythematosus,

systemic" after "Leukemia".

1983 - Par. (3). Pub. L. 98-160 substituted a period for the

semicolon at end of paragraph following "may add to this list".

1976 - Par. (2)(A), (B). Pub. L. 94-433, Sec. 404(1), substituted

"such veteran" for "him" in subpars. (A) and (B).

Par. (3). Pub. L. 94-433, Sec. 401(2), substituted "Hansen's

disease" for "Leprosy".

Par. (4). Pub. L. 94-433, Sec. 401(3), inserted "Hansen's

disease" after "Filiariasis" and struck out "Leprosy" before

"Loiasis".

EFFECTIVE DATE OF 1976 AMENDMENT

Section 406 of Pub. L. 94-433 provided that: "The provisions of

this Act [see Tables for classification] shall become effective on

October 1, 1976."

EFFECTIVE DATE OF FUTURE INCREASES

Pub. L. 98-223, title I, Sec. 108, Mar. 2, 1984, 98 Stat. 40,

provided that: "It is the sense of the Congress that any increase

provided by law to take effect after fiscal year 1984 in the rates

of disability compensation and dependency and indemnity

compensation payable under chapters 11 and 13, respectively, of

title 38, United States Code, shall take effect on December 1 of

the fiscal year involved and that the budgets for any such fiscal

year include amounts to achieve such purpose."

[Section 108 of Pub. L. 98-223 effective Apr. 1, 1984, see

section 107 of Pub. L. 98-223, set out as a note under section 1114

of this title.]

TREATMENT OF CERTAIN INCOME OF ALASKA NATIVES FOR PURPOSES OF

NEED-BASED BENEFITS

Pub. L. 103-446, title V, Sec. 506, Nov. 2, 1994, 108 Stat. 4664,

provided that: "Any receipt by an individual from a Native

Corporation under the Alaska Native Claims Settlement Act (43

U.S.C. 1601 et seq.) of cash, stock, land, or other interests

referred to in subparagraphs (A) through (E) of section 29(c) of

that Act (43 U.S.C. 1626(c)) (whether such receipt is attributable

to the disposition of real property, profits from the operation of

real property, or otherwise) shall not be countable as income for

purposes of any law administered by the Secretary of Veterans

Affairs."

COST-OF-LIVING INCREASES IN COMPENSATION RATES

Pub. L. 103-446, title I, Sec. 111(b), Nov. 2, 1994, 108 Stat.

4654, provided that: "The fiscal year 1995 cost-of-living

adjustments in the rates of and limitations for compensation

payable under chapter 11 of title 38, United States Code, and of

dependency and indemnity compensation payable under chapter 13 of

such title will be no more than a percentage equal to 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, 1994, as a result of a determination under section

215(i) of such Act (42 U.S.C. 415(i)), with all increased monthly

rates and limitations (other than increased rates or limitations

equal to a whole dollar amount) rounded down to the next lower

dollar."

Pub. L. 103-66, title XII, Sec. 12008, Aug. 10, 1993, 107 Stat.

415, provided that:

"(a) Policy. - The fiscal year 1994 cost-of-living adjustments in

the rates of and limitations for compensation payable under chapter

11 of title 38, United States Code, and of dependency and indemnity

compensation payable under chapter 13 of such title, except as

provided in subsection (b) of this section, will be no more than a

percentage equal to 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, 1993, as a result of a

determination under section 215(i) of such Act (42 U.S.C. 415(i)),

with all increased monthly rates and limitations (other than

increased rates or limitations equal to a whole dollar amount)

rounded down to the next lower dollar.

"(b) Limitation on Fiscal Year 1994 Cost-of-Living Adjustment for

Certain DIC Recipients. - (1) During fiscal year 1994, the amount

of any increase in any of the rates of dependency and indemnity

compensation in effect under section 1311(a)(3) of title 38, United

States Code, will not exceed 50 percent of the new law increase,

rounded down (if not an even dollar amount) to the next lower

dollar.

"(2) For purposes of paragraph (1), the new law increase is the

amount by which the rate of dependency and indemnity compensation

provided for recipients under section 1311(a)(1) of such title is

increased for fiscal year 1994."

Pub. L. 101-508, title VIII, Sec. 8005, Nov. 5, 1990, 104 Stat.

1388-343, provided that:

"(a) Policy Regarding Fiscal Year 1991. - The fiscal year 1991

cost-of-living adjustments in the rates of compensation payable

under chapter 11 of title 38, United States Code, and of the

dependency and indemnity compensation payable under chapter 13 of

such title will be no more than a 5.4 percent increase, with all

increased monthly rates rounded down to the next lower dollar. The

effective date for such adjustments will not be earlier than

January 1, 1991.

"(b) Increase Payable as of January 1992. - The amount of

compensation or dependency and indemnity compensation payable to

any individual for the month of January 1992 who is entitled to

such benefits as of January 1, 1992, shall be increased for such

month by the amount equal to the amount of the monthly increase

provided for that individual's benefit level as of January 1, 1991,

pursuant to the adjustments described in subsection (a)."

BENEFITS AND SERVICES FOR FORMER PRISONERS OF WAR; IMPLEMENTATION

OF PROGRAMS; RECORDS FOR DISPOSITION OF CLAIMS; DEFINITION

Pub. L. 97-37, Sec. 6, Aug. 14, 1981, 95 Stat. 937, provided

that:

"(a) Not later than ninety days after the date of the enactment

of this Act [Aug. 14, 1981] and at appropriate times thereafter,

the Administrator shall, to the maximum extent feasible and in

order to carry out the requirements of the veterans outreach

services program under subchapter IV of chapter 3 [see subchapter

II of chapter 77] of title 38, United States Code, seek out former

prisoners of war and provide them with information regarding

applicable changes in law, regulations, policies, guidelines, or

other directives affecting the benefits and services to which

former prisoners of war are entitled under such title by virtue of

the amendments made by this Act [see Tables for classification].

"(b)(1) The Administrator shall, for not less than the three-year

period beginning ninety days after the date of the enactment of

this Act [Aug. 14, 1981], maintain a centralized record showing all

claims for benefits under chapter 11 of such title that are

submitted by former prisoners of war and the disposition of such

claims.

"(2) Not later than ninety days after the end of the three-year

period described in paragraph (1), the Administrator shall, after

consulting with and receiving the views of the Advisory Committee

on Former Prisoners of War required to be established pursuant to

section 221 [see 541] of such title, submit a report on the results

of the disposition of claims described in such paragraph, together

with any comments or recommendations that the Administrator may

have, to the appropriate committees of Congress. The Administrator

may also submit to such committees interim reports on such results.

"(c) For the purposes of this section, the term "former prisoner

of war" has the meaning given such term in paragraph (32) of

section 101 of title 38, United States Code (as added by section

3(a) of this Act)."

STUDY ON DISABILITY COMPENSATION AND HEALTH-CARE NEEDS OF FORMER

PRISONERS OF WAR; REPORT TO PRESIDENT AND CONGRESS

Pub. L. 95-479, title III, Sec. 305, Oct. 18, 1978, 92 Stat.

1565, directed Administrator of Veterans' Affairs, in consultation

with Secretary of Defense, to carry out a comprehensive study of

disability compensation awarded to, and health care needs of

veterans who are former prisoners of war and to submit a report on

results of such study to Congress and President not later than Feb.

1, 1980.

AMPUTEES, CARDIOVASCULAR DISORDERS; STUDY

Section 403 of Pub. L. 94-433 directed Administrator to conduct a

scientific study to determine if there is causal relationship

between amputation of an extremity and subsequent development of

cardiovascular disorders and to report to Speaker and President of

Senate not later than June 30, 1977.

STUDY OF CLAIMS FOR DEPENDENCY AND INDEMNITY COMPENSATION

Pub. L. 93-295, title II, Sec. 207, May 31, 1974, 88 Stat. 183,

directed Administrator of Veterans' Affairs to make a detailed

study of claims for dependency and indemnity compensation relating

to veterans, as defined in section 101(2) of this title, who at

time of death within six months prior to May 31, 1974, were

receiving disability compensation from Veterans' Administration

based upon a rating total and permanent in nature, and submit a

report together with such comments and recommendations as

Administrator deemed appropriate to Speaker of the House and

President of the Senate not more than thirty days after Jan. 14,

1975.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 3501, 6303, 8332,

8411; title 8 sections 1612, 1613, 1622; title 50 section 2082.

-End-

-CITE-

38 USC Sec. 1102 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1102. Special provisions relating to surviving spouses

-STATUTE-

(a) No compensation shall be paid to the surviving spouse of a

veteran under this chapter unless such surviving spouse was married

to such veteran -

(1) before the expiration of fifteen years after the

termination of the period of service in which the injury or

disease causing the death of the veteran was incurred or

aggravated; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage,

or was born to them before the marriage.

(b) Subsection (a) shall not be applicable to any surviving

spouse who, with respect to date of marriage, could have qualified

as a surviving spouse for death compensation under any law

administered by the Secretary in effect on December 31, 1957.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 302; Pub. L.

86-491, June 8, 1960, 74 Stat. 161; Pub. L. 90-77, title I, Sec.

101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-433, title IV, Sec.

404(2)-(4), Sept. 30, 1976, 90 Stat. 1378; renumbered Sec. 1102 and

amended Pub. L. 102-83, Secs. 4(a)(1), 5(a), Aug. 6, 1991, 105

Stat. 403, 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 302 of this

title as this section.

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

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

Administration".

1976 - Pub. L. 94-433, Sec. 404(4), substituted "surviving

spouses" for "widows" in section catchline.

Subsec. (a). Pub. L. 94-433, Sec. 404(2), substituted "surviving

spouse of a veteran under this chapter unless such surviving spouse

was married to such veteran" for "widow of a veteran under this

chapter unless she was married to him".

Subsec. (b). Pub. L. 94-433, Sec. 404(3), substituted "surviving

spouse" for "widow" in two places.

1967 - Subsec. (a)(2), (3). Pub. L. 90-77 qualified widow of a

veteran for receipt of compensation by reducing in par. (2) the

requisite marriage period from five years to one year and by making

her eligible for benefits in par. (3) in event of antenuptial

birth.

1960 - Subsec. (a)(1). Pub. L. 86-491 substituted "fifteen years"

for "ten years".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

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.

-End-

-CITE-

38 USC Sec. 1103 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1103. Special provisions relating to claims based upon effects

of tobacco products

-STATUTE-

(a) Notwithstanding any other provision of law, a veteran's

disability or death shall not be considered to have resulted from

personal injury suffered or disease contracted in the line of duty

in the active military, naval, or air service for purposes of this

title on the basis that it resulted from injury or disease

attributable to the use of tobacco products by the veteran during

the veteran's service.

(b) Nothing in subsection (a) shall be construed as precluding

the establishment of service connection for disability or death

from a disease or injury which is otherwise shown to have been

incurred or aggravated in active military, naval, or air service or

which became manifest to the requisite degree of disability during

any applicable presumptive period specified in section 1112 or 1116

of this title.

-SOURCE-

(Added Pub. L. 105-178, title VIII, Sec. 8202(a)(1), as added Pub.

L. 105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 865.)

-MISC1-

PRIOR PROVISIONS

A prior section 1103 was renumbered section 1104 of this title.

EFFECTIVE DATE

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, see section 9016 of Pub. L.

105-206, set out as an Effective Date of 1998 Amendment note under

section 101 of Title 23, Highways.

Pub. L. 105-178, title VIII, Sec. 8202(b), as amended by Pub. L.

105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat. 865,

provided that: "Section 1103 of title 38, United States Code, as

added by subsection (a), shall apply with respect to claims

received by the Secretary of Veterans Affairs after the date of the

enactment of this Act [June 9, 1998]."

-End-

-CITE-

38 USC Sec. 1104 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1104. Cost-of-living adjustments

-STATUTE-

(a) In the computation of cost-of-living adjustments for fiscal

years 1998 through 2011 in the rates of, and dollar limitations

applicable to, compensation payable under this chapter, such

adjustments shall be made by a uniform percentage that is no more

than the percentage equal to the social security increase for that

fiscal year, with all increased monthly rates and limitations

(other than increased rates or limitations equal to a whole dollar

amount) rounded down to the next lower whole dollar amount.

(b) For purposes of this section, the term "social security

increase" means the percentage by which benefit amounts payable

under title II of the Social Security Act (42 U.S.C. 401 et seq.)

are increased for any fiscal year as a result of a determination

under section 215(i) of such Act (42 U.S.C. 415(i)).

-SOURCE-

(Added Pub. L. 105-33, title VIII, Sec. 8031(a)(1), Aug. 5, 1997,

111 Stat. 668, Sec. 1103; renumbered Sec. 1104, Pub. L. 105-368,

title X, Sec. 1005(a), Nov. 11, 1998, 112 Stat. 3364; amended Pub.

L. 107-103, title II, Sec. 205, Dec. 27, 2001, 115 Stat. 990.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b), 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 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-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-103 substituted "2011" for

"2002".

1998 - Pub. L. 105-368 renumbered section 1103 of this title as

this section.

-End-

-CITE-

38 USC SUBCHAPTER II - WARTIME DISABILITY COMPENSATION 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 107, 1157, 1734 of

this title; title 26 section 6334.

-End-

-CITE-

38 USC Sec. 1110 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

Sec. 1110. Basic entitlement

-STATUTE-

For disability resulting from personal injury suffered or disease

contracted in line of duty, or for aggravation of a preexisting

injury suffered or disease contracted in line of duty, in the

active military, naval, or air service, during a period of war, the

United States will pay to any veteran thus disabled and who was

discharged or released under conditions other than dishonorable

from the period of service in which said injury or disease was

incurred, or preexisting injury or disease was aggravated,

compensation as provided in this subchapter, but no compensation

shall be paid if the disability is a result of the veteran's own

willful misconduct or abuse of alcohol or drugs.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 310; Pub. L.

101-508, title VIII, Sec. 8052(a)(2), Nov. 5, 1990, 104 Stat.

1388-351; renumbered Sec. 1110, Pub. L. 102-83, Sec. 5(a), Aug. 6,

1991, 105 Stat. 406; Pub. L. 105-178, title VIII, Sec. 8202(a),

June 9, 1998, 112 Stat. 492; Pub. L. 105-206, title IX, Sec.

9014(a), July 22, 1998, 112 Stat. 865.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178, which directed the substitution of ",

abuse of alcohol or drugs, or use of tobacco products" for "or

abuse of alcohol or drugs" before the period at end, was amended

generally by Pub. L. 105-206, which provided that the amendments

made by that section as originally enacted shall be treated for all

purposes as not having been made. See Effective Date of 1998

Amendment note below.

1991 - Pub. L. 102-83 renumbered section 310 of this title as

this section.

1990 - Pub. L. 101-508 substituted "a result of the veteran's own

willful misconduct or abuse of alcohol or drugs" for "the result of

the veteran's own willful misconduct".

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

Title 23, Highways.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective with respect to claims

filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101-508,

set out as a note under section 105 of this title.

CONSTRUCTION OF 1998 AMENDMENT

Pub. L. 105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat.

865, provided that section 8202 of Pub. L. 105-178 is amended

generally and that the amendments made by that section as

originally enacted shall be treated for all purposes as not having

been made.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1111, 1112, 1114, 1116,

1118 of this title.

-End-

-CITE-

38 USC Sec. 1111 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

Sec. 1111. Presumption of sound condition

-STATUTE-

For the purposes of section 1110 of this title, every veteran

shall be taken to have been in sound condition when examined,

accepted, and enrolled for service, except as to defects,

infirmities, or disorders noted at the time of the examination,

acceptance, and enrollment, or where clear and unmistakable

evidence demonstrates that the injury or disease existed before

acceptance and enrollment and was not aggravated by such service.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1119, Sec. 311; renumbered

Sec. 1111 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 311 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for "310".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1137 of this title.

-End-

-CITE-

38 USC Sec. 1112 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

Sec. 1112. Presumptions relating to certain diseases and

disabilities

-STATUTE-

(a) For the purposes of section 1110 of this title, and subject

to the provisions of section 1113 of this title, in the case of any

veteran who served for ninety days or more during a period of war -

(1) a chronic disease becoming manifest to a degree of 10

percent or more within one year from the date of separation from

such service;

(2) a tropical disease, and the resultant disorders or disease

originating because of therapy, administered in connection with

such diseases, or as a preventative thereof, becoming manifest to

a degree of 10 percent or more within one year from the date of

separation from such service, or at a time when standard or

accepted treatises indicate that the incubation period thereof

commenced during such service;

(3) active tuberculous disease developing a 10 percent degree

of disability or more within three years from the date of

separation from such service;

(4) multiple sclerosis developing a 10 percent degree of

disability or more within seven years from the date of separation

from such service;

(5) Hansen's disease developing a 10 percent degree of

disability or more within three years from the date of separation

from such service;

shall be considered to have been incurred in or aggravated by such

service, notwithstanding there is no record of evidence of such

disease during the period of service.

(b) For the purposes of section 1110 of this title and subject to

the provisions of section 1113 of this title, in the case of a

veteran who is a former prisoner of war and who was detained or

interned for not less than thirty days, the disease of -

(1) avitaminosis,

(2) beriberi (including beriberi heart disease),

(3) chronic dysentery,

(4) helminthiasis,

(5) malnutrition (including optic atrophy associated with

malnutrition),

(6) pellagra,

(7) any other nutritional deficiency,

(8) psychosis,

(9) any of the anxiety states,

(10) dysthymic disorder (or depressive neurosis),

(11) organic residuals of frostbite, if the Secretary

determines that the veteran was interned in climatic conditions

consistent with the occurrence of frostbite,

(12) post-traumatic osteoarthritis,

(13) peripheral neuropathy except where directly related to

infectious causes,

(14) irritable bowel syndrome, or

(15) peptic ulcer disease,

which became manifest to a degree of 10 percent or more after

active military, naval, or air service shall be considered to have

been incurred in or aggravated by such service, notwithstanding

that there is no record of such disease during the period of

service.

(c)(1) For the purposes of section 1110 of this title, and

subject to the provisions of section 1113 of this title, a disease

specified in paragraph (2) of this subsection becoming manifest in

a radiation-exposed veteran shall be considered to have been

incurred in or aggravated during active military, naval, or air

service, notwithstanding that there is no record of evidence of

such disease during a period of such service.

(2) The diseases referred to in paragraph (1) of this subsection

are the following:

(A) Leukemia (other than chronic lymphocytic leukemia).

(B) Cancer of the thyroid.

(C) Cancer of the breast.

(D) Cancer of the pharynx.

(E) Cancer of the esophagus.

(F) Cancer of the stomach.

(G) Cancer of the small intestine.

(H) Cancer of the pancreas.

(I) Multiple myeloma.

(J) Lymphomas (except Hodgkin's disease).

(K) Cancer of the bile ducts.

(L) Cancer of the gall bladder.

(M) Primary liver cancer (except if cirrhosis or hepatitis B is

indicated).

(N) Cancer of the salivary gland.

(O) Cancer of the urinary tract.

(P) Bronchiolo-alveolar carcinoma.

(3) For the purposes of this subsection:

(A) The term "radiation-exposed veteran" means (i) a veteran

who, while serving on active duty, participated in a

radiation-risk activity, or (ii) an individual who, while a

member of a reserve component of the Armed Forces, participated

in a radiation-risk activity during a period of active duty for

training or inactive duty training.

(B) The term "radiation-risk activity" means any of the

following:

(i) Onsite participation in a test involving the atmospheric

detonation of a nuclear device (without regard to whether the

nation conducting the test was the United States or another

nation).

(ii) The occupation of Hiroshima or Nagasaki, Japan, by

United States forces during the period beginning on August 6,

1945, and ending on July 1, 1946.

(iii) Internment as prisoner of war in Japan (or service on

active duty in Japan immediately following such internment)

during World War II which (as determined by the Secretary)

resulted in an opportunity for exposure to ionizing radiation

comparable to that of veterans described in clause (ii) of this

subparagraph.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 312; Pub. L.

86-187, Aug. 25, 1959, 73 Stat. 418; Pub. L. 86-188, Aug. 25, 1959,

73 Stat. 418; Pub. L. 87-645, Sec. 3, Sept. 7, 1962, 76 Stat. 442;

Pub. L. 91-376, Sec. 3(a), (b), Aug. 12, 1970, 84 Stat. 788, 789;

Pub. L. 97-37, Sec. 4(a), Aug. 14, 1981, 95 Stat. 936; Pub. L.

98-223, title I, Secs. 101(c), 111, Mar. 2, 1984, 98 Stat. 38, 40;

Pub. L. 99-576, title I, Sec. 108(a), Oct. 28, 1986, 100 Stat.

3252; Pub. L. 100-321, Sec. 2(a), May 20, 1988, 102 Stat. 485; Pub.

L. 100-322, title III, Sec. 312, May 20, 1988, 102 Stat. 534;

renumbered Sec. 1112 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.

102-86, title I, Secs. 104(a), 105, Aug. 14, 1991, 105 Stat. 415;

Pub. L. 102-578, Sec. 2(a), Oct. 30, 1992, 106 Stat. 4774; Pub. L.

103-446, title V, Sec. 501(a), Nov. 2, 1994, 108 Stat. 4663; Pub.

L. 106-117, title V, Sec. 503, Nov. 30, 1999, 113 Stat. 1575.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c)(2)(P). Pub. L. 106-117 added subpar. (P).

1994 - Subsec. (c)(3)(B)(i). Pub. L. 103-446 inserted before

period at end "(without regard to whether the nation conducting the

test was the United States or another nation)".

1992 - Subsec. (c)(1). Pub. L. 102-578, Sec. 2(a)(1), struck out

"to a degree of 10 percent or more within the presumption period

(as specified in paragraph (3) of this subsection)" after

"radiation-exposed veteran".

Subsec. (c)(2)(N), (O). Pub. L. 102-578, Sec. 2(a)(2), added

subpars. (N) and (O).

Subsec. (c)(3), (4). Pub. L. 102-578, Sec. 2(a)(3), (4),

redesignated par. (4) as (3) and struck out former par. (3) which

read as follows: "The presumption period for purposes of paragraph

(1) of this subsection is the 40-year period beginning on the last

date on which the veteran participated in a radiation-risk

activity."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 312 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for

"310" and "1113" for "313" in introductory provisions.

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for

"310" and "1113" for "313" in introductory provisions.

Subsec. (b)(11). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),

substituted "Secretary" for "Administrator".

Subsec. (c)(1). Pub. L. 102-86, Sec. 105(1), amended subsec.

(c)(1) of this section as in effect before the redesignations made

by Pub. L. 102-83, Sec. 5, by substituting "during active military,

naval, or air service" for "during the veteran's service on active

duty" and "during a period" for "during the period".

Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for "310" and

"1113" for "313".

Subsec. (c)(3). Pub. L. 102-86, Sec. 104(a), amended subsec.

(c)(3) of this section as in effect before the redesignations made

by Pub. L. 102-83, Sec. 5, by striking out before period at end ",

except that such period shall be the 30-year period beginning on

that date in the case of leukemia (other than chronic lymphocytic

leukemia)".

Subsec. (c)(4)(A). Pub. L. 102-86, Sec. 105(2), amended subsec.

(c)(4)(A) of this section as in effect before the redesignations

made by Pub. L. 102-83, Sec. 5, by inserting "(i)" after "means"

and adding cl. (ii).

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

substituted "Secretary" for "Administrator".

1988 - Subsec. (b)(13) to (15). Pub. L. 100-322 added pars. (13)

to (15).

Subsec. (c). Pub. L. 100-321 added subsec. (c).

1986 - Subsec. (b)(11), (12). Pub. L. 99-576 added pars. (11) and

(12).

1984 - Subsec. (a)(1) to (5). Pub. L. 98-223, Sec. 101(c),

substituted "percent" for "per centum".

Subsec. (b). Pub. L. 98-223, Sec. 111, added par. (10).

Pub. L. 98-223, Sec. 101(c), substituted "percent" for "per

centum" in provision following par. (10).

1981 - Subsecs. (b), (c). Pub. L. 97-37, Sec. 4(a)(1), (2),

redesignated subsec. (c) as (b) and generally revised structure so

as to include anxiety states as a listed disease, and exclude the

enumerated armed conflicts and resulting treatment incurred. Former

subsec. (b), relating to treatment as a prisoner of war as deemed

in violation of the Geneva Conventions of 1929 and 1949, was struck

out.

1970 - Pub. L. 91-376 inserted reference to disabilities in

section catchline, designated existing provisions as subsec. (a),

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

1962 - Pub. L. 87-645 substituted "seven years" for "three years"

in par. (4).

1959 - Pub. L. 86-188 inserted par. (5).

Pub. L. 86-187 substituted "three years" for "two years" in par.

(4).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 2(b) of Pub. L. 102-578 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect on

October 1, 1992."

EFFECTIVE DATE OF 1991 AMENDMENT

Section 104(b) of Pub. L. 102-86 provided that: "No benefit may

be paid by reason of the amendment made by subsection (a) [amending

this section] for any period before the date of the enactment of

this Act [Aug. 14, 1991]."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 2(b) of Pub. L. 100-321 provided that: "Subsection (c) of

section 312 [now 1112] of title 38, United States Code, as added by

subsection (a), shall take effect on May 1, 1988."

EFFECTIVE DATE OF 1986 AMENDMENT

Section 108(b) of Pub. L. 99-576 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect as

of October 1, 1986."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 101(c) of Pub. L. 98-223 effective Apr. 1,

1984, see section 107 of Pub. L. 98-223, set out as a note under

section 1114 of this title.

Section 114 of Pub. L. 98-223 provided that: "The amendments made

by this part [part B (Secs. 111-114) of title I of Pub. L. 98-223,

amending this section and sections 314 and 3011 [now 1114 and 5111]

of this title] shall take effect as of October 1, 1983."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 4(b) of Pub. L. 97-37 provided that: "The amendments made

by subsection (a) [amending this section] shall take effect on

October 1, 1981."

EFFECTIVE DATE OF 1962 AMENDMENT

Section 4 of Pub. L. 87-645 provided that: "This Act [amending

this section and sections 314 and 3203 [now 1114 and 5503] of this

title and enacting provisions set out as a note under section 1114

of this title] shall take effect on the first day of the first

calendar month which begins after the date of enactment of this Act

[Sept. 7, 1962] but no payments shall be made by reason of this Act

for any period before such effective date. The increased rate of

compensation payable to any veteran entitled thereto on such first

day shall be further increased, for such month only, in an amount

equal to three times the monthly increase provided for such veteran

by the amendments made by this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1103, 1113, 1137, 1710 of

this title; title 42 section 7385j.

-End-

-CITE-

38 USC Sec. 1113 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

Sec. 1113. Presumptions rebuttable

-STATUTE-

(a) Where there is affirmative evidence to the contrary, or

evidence to establish that an intercurrent injury or disease which

is a recognized cause of any of the diseases or disabilities within

the purview of section 1112, 1116, 1117, or 1118 of this title, has

been suffered between the date of separation from service and the

onset of any such diseases or disabilities, or the disability is

due to the veteran's own willful misconduct, service-connection

pursuant to section 1112, 1116, or 1118 of this title, or payments

of compensation pursuant to section 1117 of this title, will not be

in order.

(b) Nothing in section 1112, 1116, 1117, or 1118 of this title,

subsection (a) of this section, or section 5 of Public Law 98-542

(38 U.S.C. 1154 note) shall be construed to prevent the granting of

service-connection for any disease or disorder otherwise shown by

sound judgment to have been incurred in or aggravated by active

military, naval, or air service.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1120, Sec. 313; Pub. L.

102-4, Sec. 2(b), Feb. 6, 1991, 105 Stat. 13; renumbered Sec. 1113

and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105

Stat. 406; Pub. L. 103-446, title I, Sec. 106(b), title V, Sec.

501(b)(1), Nov. 2, 1994, 108 Stat. 4651, 4663; Pub. L. 105-277,

div. C, title XVI, Sec. 1602(b), Oct. 21, 1998, 112 Stat.

2681-744.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277 substituted "1117, or 1118"

for "or 1117" and ", 1116, or 1118" for "or 1116".

Subsec. (b). Pub. L. 105-277, Sec. 1602(b)(1), substituted "1117,

or 1118" for "or 1117".

1994 - Subsec. (a). Pub. L. 103-446, Sec. 106(b), inserted "or

disabilities" after "diseases" in two places, substituted "purview

of section 1112, 1116, or 1117" for "purview of section 1112 or

1116", and inserted ", or payments of compensation pursuant to

section 1117 of this title," before "will not".

Subsec. (b). Pub. L. 103-446, Sec. 501(b)(1), substituted

"title," for "title or" and inserted ", or section 5 of Public Law

98-542 (38 U.S.C. 1154 note)" after "of this section".

Pub. L. 103-446, Sec. 106(b)(1), substituted "section 1112, 1116,

or 1117" for "section 1112 or 1116".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 313 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1112 or 1116" for "312

or 316" wherever appearing.

Pub. L. 102-4 inserted "or 316" after "section 312" wherever

appearing.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 501(b)(2) of Pub. L. 103-446 provided that: "The

amendments made by paragraph (1) [amending this section] shall

apply with respect to applications for veterans benefits that are

submitted to the Secretary of Veterans Affairs after the date of

the enactment of this Act [Nov. 2, 1994]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1112, 1116, 1118, 1137 of

this title.

-End-

-CITE-

38 USC Sec. 1114 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

Sec. 1114. Rates of wartime disability compensation

-STATUTE-

For the purposes of section 1110 of this title -

(a) if and while the disability is rated 10 percent the monthly

compensation shall be $104;

(b) if and while the disability is rated 20 percent the monthly

compensation shall be $201;

(c) if and while the disability is rated 30 percent the monthly

compensation shall be $310;

(d) if and while the disability is rated 40 percent the monthly

compensation shall be $445;

(e) if and while the disability is rated 50 percent the monthly

compensation shall be $633;

(f) if and while the disability is rated 60 percent the monthly

compensation shall be $801;

(g) if and while the disability is rated 70 percent the monthly

compensation shall be $1,008;

(h) if and while the disability is rated 80 percent the monthly

compensation shall be $1,171;

(i) if and while the disability is rated 90 percent the monthly

compensation shall be $1,317;

(j) if and while the disability is rated as total the monthly

compensation shall be $2,193;

(k) if the veteran, as the result of service-connected

disability, has suffered the anatomical loss or loss of use of

one or more creative organs, or one foot, or one hand, or both

buttocks, or blindness of one eye, having only light perception,

has suffered complete organic aphonia with constant inability to

communicate by speech, or deafness of both ears, having absence

of air and bone conduction, or, in the case of a woman veteran,

has suffered the anatomical loss of 25 percent or more of tissue

from a single breast or both breasts in combination (including

loss by mastectomy or partial mastectomy) or has received

radiation treatment of breast tissue, the rate of compensation

therefor shall be $81 per month for each such loss or loss of use

independent of any other compensation provided in subsections (a)

through (j) or subsection (s) of this section but in no event to

exceed $2,728 per month; and in the event the veteran has

suffered one or more of the disabilities heretofore specified in

this subsection, in addition to the requirement for any of the

rates specified in subsections (l) through (n) of this section,

the rate of compensation shall be increased by $81 per month for

each such loss or loss of use, but in no event to exceed $3,827

per month;

(l) if the veteran, as the result of service-connected

disability, has suffered the anatomical loss or loss of use of

both feet, or of one hand and one foot, or is blind in both eyes,

with 5/200 visual acuity or less, or is permanently bedridden or

so helpless as to be in need of regular aid and attendance, the

monthly compensation shall be $2,728;

(m) if the veteran, as the result of service-connected

disability, has suffered the anatomical loss or loss of use of

both hands, or of both legs at a level, or with complications,

preventing natural knee action with prostheses in place, or of

one arm and one leg at levels, or with complications, preventing

natural elbow and knee action with prostheses in place, or has

suffered blindness in both eyes having only light perception, or

has suffered blindness in both eyes, rendering such veteran so

helpless as to be in need of regular aid and attendance, the

monthly compensation shall be $3,010;

(n) if the veteran, as the result of service-connected

disability, has suffered the anatomical loss or loss of use of

both arms at levels, or with complications, preventing natural

elbow action with prostheses in place, has suffered the

anatomical loss of both legs so near the hip as to prevent the

use of prosthetic appliances, or has suffered the anatomical loss

of one arm and one leg so near the shoulder and hip as to prevent

the use of prosthetic appliances, or has suffered the anatomical

loss of both eyes, or has suffered blindness without light

perception in both eyes, the monthly compensation shall be

$3,425;

(o) if the veteran, as the result of service-connected

disability, has suffered disability under conditions which would

entitle such veteran to two or more of the rates provided in one

or more subsections (l) through (n) of this section, no condition

being considered twice in the determination, or if the veteran

has suffered bilateral deafness (and the hearing impairment in

either one or both ears is service connected) rated at 60 percent

or more disabling and the veteran has also suffered

service-connected total blindness with 5/200 visual acuity or

less, or if the veteran has suffered service-connected total

deafness in one ear or bilateral deafness (and the hearing

impairment in either one or both ears is service connected) rated

at 40 percent or more disabling and the veteran has also suffered

service-connected blindness having only light perception or less,

or if the veteran has suffered the anatomical loss of both arms

so near the shoulder as to prevent the use of prosthetic

appliances, the monthly compensation shall be $3,827;

(p) in the event the veteran's service-connected disabilities

exceed the requirements for any of the rates prescribed in this

section, the Secretary may allow the next higher rate or an

intermediate rate, but in no event in excess of $3,827. In the

event the veteran has suffered service-connected blindness with

5/200 visual acuity or less and (1) has also suffered bilateral

deafness (and the hearing impairment in either one or both ears

is service connected) rated at no less than 30 percent disabling,

the Secretary shall allow the next higher rate, or (2) has also

suffered service-connected total deafness in one ear or

service-connected anatomical loss or loss of use of one hand or

one foot, the Secretary shall allow the next intermediate rate,

but in no event in excess of $3,827. In the event the veteran has

suffered service-connected blindness, having only light

perception or less, and has also suffered bilateral deafness (and

the hearing impairment in either one or both ears is service

connected) rated at 10 or 20 percent disabling, the Secretary

shall allow the next intermediate rate, but in no event in excess

of $3,827. In the event the veteran has suffered the anatomical

loss or loss of use, or a combination of anatomical loss and loss

of use, of three extremities, the Secretary shall allow the next

higher rate or intermediate rate, but in no event in excess of

$3,827. Any intermediate rate under this subsection shall be

established at the arithmetic mean, rounded down to the nearest

dollar, between the two rates concerned;

[(q) Repealed. Pub. L. 90-493, Sec. 4(a), Aug. 19, 1968, 82

Stat. 809.]

(r) Subject to section 5503(c) of this title, if any veteran,

otherwise entitled to compensation authorized under subsection

(o) of this section, at the maximum rate authorized under

subsection (p) of this section, or at the intermediate rate

authorized between the rates authorized under subsections (n) and

(o) of this section and at the rate authorized under subsection

(k) of this section, is in need of regular aid and attendance,

then, in addition to such compensation -

(1) the veteran shall be paid a monthly aid and attendance

allowance at the rate of $1,643; or

(2) if the veteran, in addition to such need for regular aid

and attendance, is in need of a higher level of care, such

veteran shall be paid a monthly aid and attendance allowance at

the rate of $2,446, in lieu of the allowance authorized in

clause (1) of this subsection, if the Secretary finds that the

veteran, in the absence of the provision of such care, would

require hospitalization, nursing home care, or other

residential institutional care.

For the purposes of clause (2) of this subsection, need for a

higher level of care shall be considered to be need for personal

health-care services provided on a daily basis in the veteran's

home by a person who is licensed to provide such services or who

provides such services under the regular supervision of a

licensed health-care professional. The existence of the need for

such care shall be determined by a physician employed by the

Department or, in areas where no such physician is available, by

a physician carrying out such function under contract or fee

arrangement based on an examination by such physician. For the

purposes of section 1134 of this title, such allowance shall be

considered as additional compensation payable for disability.

(s) If the veteran has a service-connected disability rated as

total, and (1) has additional service-connected disability or

disabilities independently ratable at 60 percent or more, or, (2)

by reason of such veteran's service-connected disability or

disabilities, is permanently housebound, then the monthly

compensation shall be $2,455. For the purpose of this subsection,

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 service-connected 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. 1120, Sec. 314; Pub. L.

85-782, Sec. 2, Aug. 27, 1958, 72 Stat. 936; Pub. L. 86-663, Sec.

1, July 14, 1960, 74 Stat. 528; Pub. L. 87-645, Secs. 1(a), 2(a),

Sept. 7, 1962, 76 Stat. 441; Pub. L. 88-20, Sec. 1, May 15, 1963,

77 Stat. 17; Pub. L. 88-22, Sec. 1, May 15, 1963, 77 Stat. 18; Pub.

L. 89-311, Secs. 1(a), 3(d), (e), Oct. 31, 1965, 79 Stat. 1154,

1155; Pub. L. 90-77, title IV, Sec. 401, Aug. 31, 1967, 81 Stat.

190; Pub. L. 90-493, Secs. 1(a), 4(a), Aug. 19, 1968, 82 Stat. 808,

809; Pub. L. 91-376, Sec. 1(a), Aug. 12, 1970, 84 Stat. 787; Pub.

L. 92-328, title I, Sec. 101(a), June 30, 1972, 86 Stat. 393; Pub.

L. 93-295, title I, Sec. 101(a), May 31, 1974, 88 Stat. 181; Pub.

L. 94-71, title I, Sec. 101(a), Aug. 5, 1975, 89 Stat. 395; Pub. L.

94-433, title I, Sec. 101(a), title IV, Secs. 401(4), (5),

404(6)-(8), Sept. 30, 1976, 90 Stat. 1374, 1377, 1378; Pub. L.

95-117, title I, Sec. 101(a), Oct. 3, 1977, 91 Stat. 1063; Pub. L.

95-479, title I, Sec. 101(a)-(d), Oct. 18, 1978, 92 Stat. 1560,

1561; Pub. L. 96-128, title I, Secs. 101(a), 104, 105, Nov. 28,

1979, 93 Stat. 982, 984; Pub. L. 96-385, title I, Sec. 101(a), Oct.

7, 1980, 94 Stat. 1528; Pub. L. 97-66, title I, Secs. 101(a), 104,

Oct. 17, 1981, 95 Stat. 1026, 1027; Pub. L. 97-253, title IV, Secs.

404(a), 405(b), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97-306, title

I, Secs. 101(a), 107, 111(a), (b), Oct. 14, 1982, 96 Stat. 1429,

1431, 1432; Pub. L. 98-223, title I, Secs. 101(a), 112, Mar. 2,

1984, 98 Stat. 37, 40; Pub. L. 98-543, title I, Sec. 101(a), Oct.

24, 1984, 98 Stat. 2735; Pub. L. 99-238, title I, Sec. 101(a), Jan.

13, 1986, 99 Stat. 1765; Pub. L. 99-576, title I, Secs. 101(a),

109(b), Oct. 28, 1986, 100 Stat. 3250, 3253; Pub. L. 100-227, title

I, Sec. 101(a), Dec. 31, 1987, 101 Stat. 1552; Pub. L. 100-687,

div. B, title XI, Sec. 1101(a), Nov. 18, 1988, 102 Stat. 4123; Pub.

L. 101-237, title I, Sec. 101(a), Dec. 18, 1989, 103 Stat. 2062;

Pub. L. 102-3, Sec. 2(a), Feb. 6, 1991, 105 Stat. 7; Pub. L.

102-40, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239;

renumbered Sec. 1114 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. 102-152, Sec. 2(a), Nov. 12, 1991, 105 Stat. 985; Pub. L.

103-78, Sec. 1, Aug. 13, 1993, 107 Stat. 767; Pub. L. 103-140, Sec.

2, Nov. 11, 1993, 107 Stat. 1485; Pub. L. 105-98, Sec. 2(a), Nov.

19, 1997, 111 Stat. 2155; Pub. L. 106-118, Sec. 2(a), Nov. 30,

1999, 113 Stat. 1601; Pub. L. 106-419, title III, Sec. 302, Nov. 1,

2000, 114 Stat. 1853; Pub. L. 107-94, Sec. 2(a), Dec. 21, 2001, 115

Stat. 900; Pub. L. 107-103, title II, Sec. 204(b)(1), Dec. 27,

2001, 115 Stat. 990; Pub. L. 107-330, title I, Sec. 102, title III,

Sec. 309(a), Dec. 6, 2002, 116 Stat. 2821, 2829.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-330, Sec. 309(a)(1), substituted

"$104" for "$103".

Subsec. (b). Pub. L. 107-330, Sec. 309(a)(2), substituted "$201"

for "$199".

Subsec. (c). Pub. L. 107-330, Sec. 309(a)(3), substituted "$310"

for "$306".

Subsec. (d). Pub. L. 107-330, Sec. 309(a)(4), substituted "$445"

for "$439".

Subsec. (e). Pub. L. 107-330, Sec. 309(a)(5), substituted "$633"

for "$625".

Subsec. (f). Pub. L. 107-330, Sec. 309(a)(6), substituted "$801"

for "$790".

Subsec. (g). Pub. L. 107-330, Sec. 309(a)(7), substituted

"$1,008" for "$995".

Subsec. (h). Pub. L. 107-330, Sec. 309(a)(8), substituted

"$1,171" for "$1,155".

Subsec. (i). Pub. L. 107-330, Sec. 309(a)(9), substituted

"$1,317" for "$1,299".

Subsec. (j). Pub. L. 107-330, Sec. 309(a)(10), substituted

"$2,193" for "$2,163".

Subsec. (k). Pub. L. 107-330, Sec. 309(a)(11), substituted "$81"

for "$80" in two places and substituted "$2,728" and "$3,827" for

"$2,691" and "$3,775", respectively.

Pub. L. 107-330, Sec. 102, substituted "25 percent or more of

tissue from a single breast or both breasts in combination

(including loss by mastectomy or partial mastectomy) or has

received radiation treatment of breast tissue" for "one or both

breasts (including loss by mastectomy)".

Subsec. (l). Pub. L. 107-330, Sec. 309(a)(12), substituted

"$2,728" for "$2,691".

Subsec. (m). Pub. L. 107-330, Sec. 309(a)(13), substituted

"$3,010" for "$2,969".

Subsec. (n). Pub. L. 107-330, Sec. 309(a)(14), substituted

"$3,425" for "$3,378".

Subsecs. (o), (p). Pub. L. 107-330, Sec. 309(a)(15), substituted

"$3,827" for "$3,775" wherever appearing.

Subsec. (r). Pub. L. 107-330, Sec. 309(a)(16), substituted

"$1,643" and "$2,446" for "$1,621" and "$2,413", respectively.

Subsec. (s). Pub. L. 107-330, Sec. 309(a)(17), substituted

"$2,455" for "$2,422".

2001 - Subsec. (a). Pub. L. 107-94, Sec. 2(a)(1), substituted

"$103" for "$98".

Subsec. (b). Pub. L. 107-94, Sec. 2(a)(2), substituted "$199" for

"$188".

Subsec. (c). Pub. L. 107-94, Sec. 2(a)(3), substituted "$306" for

"$288".

Subsec. (d). Pub. L. 107-94, Sec. 2(a)(4), substituted "$439" for

"$413".

Subsec. (e). Pub. L. 107-94, Sec. 2(a)(5), substituted "$625" for

"$589".

Subsec. (f). Pub. L. 107-94, Sec. 2(a)(6), substituted "$790" for

"$743".

Subsec. (g). Pub. L. 107-94, Sec. 2(a)(7), substituted "$995" for

"$937".

Subsec. (h). Pub. L. 107-94, Sec. 2(a)(8), substituted "$1,155"

for "$1,087".

Subsec. (i). Pub. L. 107-94, Sec. 2(a)(9), substituted "$1,299"

for "$1,224".

Subsec. (j). Pub. L. 107-94, Sec. 2(a)(10), substituted "$2,163"

for "$2,036".

Subsec. (k). Pub. L. 107-94, Sec. 2(a)(11), substituted "$80" for

"$76" in two places, "$2,691" for "$2,533", and "$3,775" for

"$3,553".

Subsec. (l). Pub. L. 107-94, Sec. 2(a)(12), substituted "$2,691"

for "$2,533".

Subsec. (m). Pub. L. 107-94, Sec. 2(a)(13), substituted "$2,969"

for "$2,794".

Subsec. (n). Pub. L. 107-94, Sec. 2(a)(14), substituted "$3,378"

for "$3,179".

Subsecs. (o), (p). Pub. L. 107-94, Sec. 2(a)(15), substituted

"$3,775" for "$3,553" wherever appearing.

Subsec. (r). Pub. L. 107-103 substituted "section 5503(c)" for

"section 5503(e)" in introductory provisions.

Subsec. (r)(1). Pub. L. 107-94, Sec. 2(a)(16), substituted

"$1,621" for "$1,525".

Subsec. (r)(2). Pub. L. 107-94, Sec. 2(a)(16), substituted

"$2,413" for "$2,271".

Subsec. (s). Pub. L. 107-94, Sec. 2(a)(17), substituted "$2,422"

for "$2,280".

2000 - Subsec. (k). Pub. L. 106-419 substituted "has suffered

complete organic" for "or has suffered complete organic" and

inserted "or, in the case of a woman veteran, has suffered the

anatomical loss of one or both breasts (including loss by

mastectomy)," after "air and bone conduction,".

1999 - Subsec. (a). Pub. L. 106-118, Sec. 2(a)(1), substituted

"$98" for "$95".

Subsec. (b). Pub. L. 106-118, Sec. 2(a)(2), substituted "$188"

for "$182".

Subsec. (c). Pub. L. 106-118, Sec. 2(a)(3), substituted "$288"

for "$279".

Subsec. (d). Pub. L. 106-118, Sec. 2(a)(4), substituted "$413"

for "$399".

Subsec. (e). Pub. L. 106-118, Sec. 2(a)(5), substituted "$589"

for "$569".

Subsec. (f). Pub. L. 106-118, Sec. 2(a)(6), substituted "$743"

for "$717".

Subsec. (g). Pub. L. 106-118, Sec. 2(a)(7), substituted "$937"

for "$905".

Subsec. (h). Pub. L. 106-118, Sec. 2(a)(8), substituted "$1,087"

for "$1,049".

Subsec. (i). Pub. L. 106-118, Sec. 2(a)(9), substituted "$1,224"

for "$1,181".

Subsec. (j). Pub. L. 106-118, Sec. 2(a)(10), substituted "$2,036"

for "$1,964".

Subsec. (k). Pub. L. 106-118, Sec. 2(a)(11), substituted "$76"

for "$75" in two places and substituted "$2,533" and "$3,553" for

"$2,443" and "$3,426", respectively.

Subsec. (l). Pub. L. 106-118, Sec. 2(a)(12), substituted "$2,533"

for "$2,443".

Subsec. (m). Pub. L. 106-118, Sec. 2(a)(13), substituted "$2,794"

for "$2,694".

Subsec. (n). Pub. L. 106-118, Sec. 2(a)(14), substituted "$3,179"

for "$3,066".

Subsecs. (o), (p). Pub. L. 106-118, Sec. 2(a)(15), substituted

"$3,553" for "$3,426" wherever appearing.

Subsec. (r). Pub. L. 106-118, Sec. 2(a)(16), substituted "$1,525"

and "$2,271" for "$1,471" and "$2,190", respectively.

Subsec. (s). Pub. L. 106-118, Sec. 2(a)(17), substituted "$2,280"

for "$2,199".

1997 - Subsec. (a). Pub. L. 105-98, Sec. 2(a)(1), substituted

"$95" for "$87".

Subsec. (b). Pub. L. 105-98, Sec. 2(a)(2), substituted "$182" for

"$166".

Subsec. (c). Pub. L. 105-98, Sec. 2(a)(3), substituted "$279" for

"$253".

Subsec. (d). Pub. L. 105-98, Sec. 2(a)(4), substituted "$399" for

"$361".

Subsec. (e). Pub. L. 105-98, Sec. 2(a)(5), substituted "$569" for

"$515".

Subsec. (f). Pub. L. 105-98, Sec. 2(a)(6), substituted "$717" for

"$648".

Subsec. (g). Pub. L. 105-98, Sec. 2(a)(7), substituted "$905" for

"$819".

Subsec. (h). Pub. L. 105-98, Sec. 2(a)(8), substituted "$1,049"

for "$948".

Subsec. (i). Pub. L. 105-98, Sec. 2(a)(9), substituted "$1,181"

for "$1,067".

Subsec. (j). Pub. L. 105-98, Sec. 2(a)(10), substituted "$1,964"

for "$1,774".

Subsec. (k). Pub. L. 105-98, Sec. 2(a)(11), substituted "$75" for

"$70" in two places and substituted "$2,443" and "$3,426" for

"$2,207" and "$3,093", respectively.

Subsec. (l). Pub. L. 105-98, Sec. 2(a)(12), substituted "$2,443"

for "$2,207".

Subsec. (m). Pub. L. 105-98, Sec. 2(a)(13), substituted "$2,694"

for "$2,432".

Subsec. (n). Pub. L. 105-98, Sec. 2(a)(14), substituted "$3,066"

for "$2,768".

Subsecs. (o), (p). Pub. L. 105-98, Sec. 2(a)(15), substituted

"$3,426" for "$3,093" wherever appearing.

Subsec. (r). Pub. L. 105-98, Sec. 2(a)(16), substituted "$1,471"

and "$2,190" for "$1,328" and "$1,978", respectively.

Subsec. (s). Pub. L. 105-98, Sec. 2(a)(17), substituted "$2,199"

for "$1,985".

1993 - Subsec. (a). Pub. L. 103-140, Sec. 2(1), substituted "$87"

for "$85".

Pub. L. 103-78, Sec. 1(1), substituted "$85" for "$83".

Subsec. (b). Pub. L. 103-140, Sec. 2(2), substituted "$166" for

"$162".

Pub. L. 103-78, Sec. 1(2), substituted "$162" for "$157".

Subsec. (c). Pub. L. 103-140, Sec. 2(3), substituted "$253" for

"$247".

Pub. L. 103-78, Sec. 1(3), substituted "$247" for "$240".

Subsec. (d). Pub. L. 103-140, Sec. 2(4), substituted "$361" for

"$352".

Pub. L. 103-78, Sec. 1(4), substituted "$352" for "$342".

Subsec. (e). Pub. L. 103-140, Sec. 2(5), substituted "$515" for

"$502".

Pub. L. 103-78, Sec. 1(5), substituted "$502" for "$487".

Subsec. (f). Pub. L. 103-140, Sec. 2(6), substituted "$648" for

"$632".

Pub. L. 103-78, Sec. 1(6), substituted "$632" for "$614".

Subsec. (g). Pub. L. 103-140, Sec. 2(7), substituted "$819" for

"$799".

Pub. L. 103-78, Sec. 1(7), substituted "$799" for "$776".

Subsec. (h). Pub. L. 103-140, Sec. 2(8), substituted "$948" for

"$924".

Pub. L. 103-78, Sec. 1(8), substituted "$924" for "$897".

Subsec. (i). Pub. L. 103-140, Sec. 2(9), substituted "$1,067" for

"$1,040".

Pub. L. 103-78, Sec. 1(9), substituted "$1,040" for "$1,010".

Subsec. (j). Pub. L. 103-140, Sec. 2(10), substituted "$1,774"

for "$1,730".

Pub. L. 103-78, Sec. 1(10), substituted "$1,730" for "$1,680".

Subsec. (k). Pub. L. 103-140, Sec. 2(11), substituted "$2,207"

and "$3,093" for "$2,152" and "$3,015", respectively.

Pub. L. 103-78, Sec. 1(11), which directed the substitution of

"$70" for "$68", was executed by making the substitution in two

places to reflect the probable intent of Congress.

Pub. L. 103-78, Sec. 1(11), substituted "$2,152" and "$3,015" for

"$2,089" and "$2,927", respectively.

Subsec. (l). Pub. L. 103-140, Sec. 2(12), substituted "$2,207"

for "$2,152".

Pub. L. 103-78, Sec. 1(12), substituted "$2,152" for "$2,089".

Subsec. (m). Pub. L. 103-140, Sec. 2(13), substituted "$2,432"

for "$2,371".

Pub. L. 103-78, Sec. 1(13), substituted "$2,371" for "$2,302".

Subsec. (n). Pub. L. 103-140, Sec. 2(14), substituted "$2,768"

for "$2,698".

Pub. L. 103-78, Sec. 1(14), substituted "$2,698" for "$2,619".

Subsec. (o). Pub. L. 103-140, Sec. 2(15), substituted "$3,093"

for "$3,015".

Pub. L. 103-78, Sec. 1(15), substituted "$3,015" for "$2,927".

Subsec. (p). Pub. L. 103-140, Sec. 2(15), substituted "$3,093"

for "$3,015" wherever appearing.

Pub. L. 103-78, Sec. 1(15), substituted "$3,015" for "$2,927"

wherever appearing.

Subsec. (r). Pub. L. 103-140, Sec. 2(16), substituted "$1,328"

for "$1,295" in par. (1) and "$1,978" for "$1,928" in par. (2).

Pub. L. 103-78, Sec. 1(16), substituted "$1,295" for "$1,257" in

par. (1) and "$1,928" for "$1,872" in par. (2).

Subsec. (s). Pub. L. 103-140, Sec. 2(17), substituted "$1,985"

for "$1,935".

Pub. L. 103-78, Sec. 1(17), substituted "$1,935" for "$1,879".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 314 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1110" for "310" in

introductory provisions.

Subsec. (a). Pub. L. 102-152, Sec. 2(a)(1), substituted "$83" for

"$80".

Pub. L. 102-3, Sec. 2(a)(1), substituted "$80" for "$76".

Subsec. (b). Pub. L. 102-152, Sec. 2(a)(2), substituted "$157"

for "$151".

Pub. L. 102-3, Sec. 2(a)(2), substituted "$151" for "$144".

Subsec. (c). Pub. L. 102-152, Sec. 2(a)(3), substituted "$240"

for "$231".

Pub. L. 102-3, Sec. 2(a)(3), substituted "$231" for "$220".

Subsec. (d). Pub. L. 102-152, Sec. 2(a)(4), substituted "$342"

for "$330".

Pub. L. 102-3, Sec. 2(a)(4), substituted "$330" for "$314".

Subsec. (e). Pub. L. 102-152, Sec. 2(a)(5), substituted "$487"

for "$470".

Pub. L. 102-3, Sec. 2(a)(5), substituted "$470" for "$446".

Subsec. (f). Pub. L. 102-152, Sec. 2(a)(6), substituted "$614"

for "$592".

Pub. L. 102-3, Sec. 2(a)(6), substituted "$592" for "$562".

Subsec. (g). Pub. L. 102-152, Sec. 2(a)(7), substituted "$776"

for "$748".

Pub. L. 102-3, Sec. 2(a)(7), substituted "$748" for "$710".

Subsec. (h). Pub. L. 102-152, Sec. 2(a)(8), substituted "$897"

for "$865".

Pub. L. 102-3, Sec. 2(a)(8), substituted "$865" for "$821".

Subsec. (i). Pub. L. 102-152, Sec. 2(a)(9), substituted "$1,010"

for "$974".

Pub. L. 102-3, Sec. 2(a)(9), substituted "$974" for "$925".

Subsec. (j). Pub. L. 102-152, Sec. 2(a)(10), substituted "$1,680"

for "$1,620".

Pub. L. 102-3, Sec. 2(a)(10), substituted "$1,620" for "$1,537".

Subsec. (k). Pub. L. 102-152, Sec. 2(a)(11), substituted "$68"

for "$66" in two places and "$2,089" and "$2,927" for "$2,014" and

"$2,823", respectively.

Pub. L. 102-3, Sec. 2(a)(11), substituted "$2,014" for "$1,911"

and "$2,823" for "$2,679".

Subsec. (l). Pub. L. 102-152, Sec. 2(a)(12), substituted "$2,089"

for "$2,014".

Pub. L. 102-3, Sec. 2(a)(12), substituted "$2,014" for "$1,911".

Subsec. (m). Pub. L. 102-152, Sec. 2(a)(13), substituted "$2,302"

for "$2,220".

Pub. L. 102-3, Sec. 2(a)(13), substituted "$2,220" for "$2,107".

Subsec. (n). Pub. L. 102-152, Sec. 2(a)(14), substituted "$2,619"

for "$2,526".

Pub. L. 102-3, Sec. 2(a)(14), substituted "$2,526" for "$2,397".

Subsec. (o). Pub. L. 102-152, Sec. 2(a)(15), substituted "$2,927"

for "$2,823".

Pub. L. 102-3, Sec. 2(a)(15), substituted "$2,823" for "$2,679".

Subsec. (p). Pub. L. 102-152, Sec. 2(a)(15), substituted "$2,927"

for "$2,823" wherever appearing.

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

"Administrator" wherever appearing.

Pub. L. 102-3, Sec. 2(a)(15), substituted "$2,823" for "$2,679"

wherever appearing.

Subsec. (r). Pub. L. 102-152, Sec. 2(a)(16), substituted "$1,257"

for "$1,212" in par. (1) and "$1,872" for "$1,805" in par. (2).

Pub. L. 102-83, Sec. 5(c)(1), substituted "1134" for "334" in

last sentence.

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

"Administrator" in par. (2).

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

"Veterans' Administration" in penultimate sentence.

Pub. L. 102-40 substituted "5503(e)" for "3203(e)" in

introductory provisions.

Pub. L. 102-3, Sec. 2(a)(16), substituted "$1,212" for "$1,150"

in par. (1) and "$1,805" for "$1,713" in par. (2).

Subsec. (s). Pub. L. 102-152, Sec. 2(a)(17), substituted "$1,879"

for "$1,812".

Pub. L. 102-3, Sec. 2(a)(17), substituted "$1,812" for "$1,720".

1989 - Subsec. (a). Pub. L. 101-237, Sec. 101(a)(1), substituted

"$76" for "$73".

Subsec. (b). Pub. L. 101-237, Sec. 101(a)(2), substituted "$144"

for "$138".

Subsec. (c). Pub. L. 101-237, Sec. 101(a)(3), substituted "$220"

for "$210".

Subsec. (d). Pub. L. 101-237, Sec. 101(a)(4), substituted "$314"

for "$300".

Subsec. (e). Pub. L. 101-237, Sec. 101(a)(5), substituted "$446"

for "$426".

Subsec. (f). Pub. L. 101-237, Sec. 101(a)(6), substituted "$562"

for "$537".

Subsec. (g). Pub. L. 101-237, Sec. 101(a)(7), substituted "$710"

for "$678".

Subsec. (h). Pub. L. 101-237, Sec. 101(a)(8), substituted "$821"

for "$784".

Subsec. (i). Pub. L. 101-237, Sec. 101(a)(9), substituted "$925"

for "$883".

Subsec. (j). Pub. L. 101-237, Sec. 101(a)(10), substituted

"$1,537" for "$1,468".

Subsec. (k). Pub. L. 101-237, Sec. 101(a)(11), substituted "$66"

for "$63" in two places and substituted "$1,911" and "$2,679" for

"$1,825" and "$2,559", respectively.

Subsec. (l). Pub. L. 101-237, Sec. 101(a)(12), substituted

"$1,911" for "$1,825".

Subsec. (m). Pub. L. 101-237, Sec. 101(a)(13), substituted

"$2,107" for "$2,012".

Subsec. (n). Pub. L. 101-237, Sec. 101(a)(14), substituted

"$2,397" for "$2,289".

Subsecs. (o), (p). Pub. L. 101-237, Sec. 101(a)(15), substituted

"$2,679" for "$2,559" wherever appearing.

Subsec. (r). Pub. L. 101-237, Sec. 101(a)(16), substituted

"$1,150" and "$1,713" for "$1,098" and "$1,636", respectively.

Subsec. (s). Pub. L. 101-237, Sec. 101(a)(17), substituted

"$1,720" for "$1,643".

1988 - Subsec. (a). Pub. L. 100-687, Sec. 1101(a)(1), substituted

"$73" for "$71".

Subsec. (b). Pub. L. 100-687, Sec. 1101(a)(2), substituted "$138"

for "$133".

Subsec. (c). Pub. L. 100-687, Sec. 1101(a)(3), substituted "$210"

for "$202".

Subsec. (d). Pub. L. 100-687, Sec. 1101(a)(4), substituted "$300"

for "$289".

Subsec. (e). Pub. L. 100-687, Sec. 1101(a)(5), substituted "$426"

for "$410".

Subsec. (f). Pub. L. 100-687, Sec. 1101(a)(6), substituted "$537"

for "$516".

Subsec. (g). Pub. L. 100-687, Sec. 1101(a)(7), substituted "$678"

for "$652".

Subsec. (h). Pub. L. 100-687, Sec. 1101(a)(8), substituted "$784"

for "$754".

Subsec. (i). Pub. L. 100-687, Sec. 1101(a)(9), substituted "$883"

for "$849".

Subsec. (j). Pub. L. 100-687, Sec. 1101(a)(10), substituted

"$1,468" for "$1,411".

Subsec. (k). Pub. L. 100-687, Sec. 1101(a)(11), substituted

"$1,825" and "$2,559" for "$1,754" and "$2,459", respectively.

Subsec. (l). Pub. L. 100-687, Sec. 1101(a)(12), substituted

"$1,825" for "$1,754".

Subsec. (m). Pub. L. 100-687, Sec. 1101(a)(13), substituted

"$2,012" for "$1,933".

Subsec. (n). Pub. L. 100-687, Sec. 1101(a)(14), substituted

"$2,289" for "$2,199".

Subsecs. (o), (p). Pub. L. 100-687, Sec. 1101(a)(15), substituted

"$2,559" for "$2,459" wherever appearing.

Subsec. (r). Pub. L. 100-687, Sec. 1101(a)(16), substituted

"$1,098" and "$1,636" for "$1,055" and "$1,572", respectively.

Subsec. (s). Pub. L. 100-687, Sec. 1101(a)(17), substituted

"$1,643" for "$1,579".

1987 - Subsec. (a). Pub. L. 100-227, Sec. 101(a)(1), substituted

"$71" for "$69".

Subsec. (b). Pub. L. 100-227, Sec. 101(a)(2), substituted "$133"

for "$128".

Subsec. (c). Pub. L. 100-227, Sec. 101(a)(3), substituted "$202"

for "$194".

Subsec. (d). Pub. L. 100-227, Sec. 101(a)(4), substituted "$289"

for "$278".

Subsec. (e). Pub. L. 100-227, Sec. 101(a)(5), substituted "$410"

for "$394".

Subsec. (f). Pub. L. 100-227, Sec. 101(a)(6), substituted "$516"

for "$496".

Subsec. (g). Pub. L. 100-227, Sec. 101(a)(7), substituted "$652"

for "$626".

Subsec. (h). Pub. L. 100-227, Sec. 101(a)(8), substituted "$754"

for "$724".

Subsec. (i). Pub. L. 100-227, Sec. 101(a)(9), substituted "$849"

for "$815".

Subsec. (j). Pub. L. 100-227, Sec. 101(a)(10), substituted

"$1,411" for "$1,355".

Subsec. (k). Pub. L. 100-227, Sec. 101(a)(11), substituted

"$1,754" and "$2,459" for "$1,684" and "$2,360", respectively.

Subsec. (l). Pub. L. 100-227, Sec. 101(a)(12), substituted

"$1,754" for "$1,684".

Subsec. (m). Pub. L. 100-227, Sec. 101(a)(13), substituted

"$1,933" for "$1,856".

Subsec. (n). Pub. L. 100-227, Sec. 101(a)(14), substituted

"$2,199" for "$2,111".

Subsecs. (o), (p). Pub. L. 100-227, Sec. 101(a)(15), substituted

"$2,459" for "$2,360" wherever appearing.

Subsec. (r). Pub. L. 100-227, Sec. 101(a)(16), substituted

"$1,055" and "$1,572" for "$1,013" and "$1,509", respectively.

Subsec. (s). Pub. L. 100-227, Sec. 101(a)(17), substituted

"$1,579" for "$1,516".

1986 - Subsec. (a). Pub. L. 99-576, Sec. 101(a)(1), substituted

"$69" for "$68".

Pub. L. 99-238, Sec. 101(a)(1), substituted "$68" for "$66".

Subsec. (b). Pub. L. 99-576, Sec. 101(a)(2), substituted "$128"

for "$126".

Pub. L. 99-238, Sec. 101(a)(2), substituted "$126" for "$122".

Subsec. (c). Pub. L. 99-576, Sec. 101(a)(3), substituted "$194"

for "$191".

Pub. L. 99-238, Sec. 101(a)(3), substituted "$191" for "$185".

Subsec. (d). Pub. L. 99-576, Sec. 101(a)(4), substituted "$278"

for "$274".

Pub. L. 99-238, Sec. 101(a)(4), substituted "$274" for "$266".

Subsec. (e). Pub. L. 99-576, Sec. 101(a)(5), substituted "$394"

for "$388".

Pub. L. 99-238, Sec. 101(a)(5), substituted "$388" for "$376".

Subsec. (f). Pub. L. 99-576, Sec. 101(a)(6), substituted "$496"

for "$489".

Pub. L. 99-238, Sec. 101(a)(6), substituted "$489" for "$474".

Subsec. (g). Pub. L. 99-576, Sec. 101(a)(7), substituted "$626"

for "$617".

Pub. L. 99-238, Sec. 101(a)(7), substituted "$617" for "$598".

Subsec. (h). Pub. L. 99-576, Sec. 101(a)(8), substituted "$724"

for "$713".

Pub. L. 99-238, Sec. 101(a)(8), substituted "$713" for "$692".

Subsec. (i). Pub. L. 99-576, Sec. 101(a)(9), substituted "$815"

for "$803".

Pub. L. 99-238, Sec. 101(a)(9), substituted "$803" for "$779".

Subsec. (j). Pub. L. 99-576, Sec. 101(a)(10), substituted

"$1,355" for "$1,335".

Pub. L. 99-238, Sec. 101(a)(10), substituted "$1,335" for

"$1,295".

Subsec. (k). Pub. L. 99-576, Sec. 101(a)(11), substituted "$63",

"$1,684", and "$2,360" for "$62", "$1,659", and "$2,325",

respectively.

Pub. L. 99-238, Sec. 101(a)(11), substituted "$1,659" and

"$2,325" for "$1,609" and "$2,255", respectively.

Subsec. (l). Pub. L. 99-576, Sec. 101(a)(12), substituted

"$1,684" for "$1,659".

Pub. L. 99-238, Sec. 101(a)(12), substituted "$1,659" for

"$1,609".

Subsec. (m). Pub. L. 99-576, Sec. 101(a)(13), substituted

"$1,856" for "$1,829".

Pub. L. 99-238, Sec. 101(a)(13), substituted "$1,829" for

"$1,774".

Subsec. (n). Pub. L. 99-576, Sec. 101(a)(14), substituted

"$2,111" for "$2,080".

Pub. L. 99-238, Sec. 101(a)(14), substituted "$2,080" for

"$2,017".

Subsecs. (o), (p). Pub. L. 99-576, Sec. 101(a)(15), substituted

"$2,360" for "$2,325" wherever appearing.

Pub. L. 99-238, Sec. 101(a)(15), substituted "$2,325" for

"$2,255" wherever appearing.

Subsec. (r). Pub. L. 99-576, Sec. 101(a)(16), substituted

"$1,013" and "$1,509" for "$998" and "$1,487", respectively.

Pub. L. 99-238, Sec. 101(a)(16), substituted "$998" and "$1,487"

for "$968" and "$1,442", respectively.

Subsec. (s). Pub. L. 99-576, Sec. 101(a)(17), substituted

"$1,516" for "$1,494".

Pub. L. 99-238, Sec. 101(a)(17), substituted "$1,494" for

"$1,449".

Subsec. (t). Pub. L. 99-576, Sec. 109(b), struck out subsec. (t)

which read as follows:

"(1) If the veteran (A) is entitled to receive compensation at

any rate provided for under subsections (a) through (i) of this

section and compensation under subsection (k) of this section, (B)

has suffered the loss or loss of use of an extremity as a result of

a service-connected disability ratable at 40 percent or more, and

(C) has suffered the loss or loss of use of the paired extremity as

a result of a non-service-connected disability, not the result of

the veteran's own willful misconduct, that would be rated, if

service-connected, at 40 percent or more, the monthly rate of

compensation payable to such veteran shall be increased by $289.

"(2) If a veteran described in paragraph (1) of this subsection

receives any money or property of value pursuant to an award in a

judicial proceeding based upon, or a settlement or compromise of,

any cause of action for damages for the non-service-connected

disability described in such paragraph, the increase in the rate of

compensation otherwise payable under this subsection shall not be

paid for any month following a month in which any such money or

property is received until such time as the total of the amount of

such increase that would otherwise have been payable equals the

total of the amount of any such money received and the fair market

value of any such property received."

Pub. L. 99-238, Sec. 101(a)(18), substituted "$289" for "$280" in

par. (1).

1984 - Subsec. (a). Pub. L. 98-543, Sec. 101(a)(1), substituted

"$66" for "$64".

Pub. L. 98-223, Sec. 101(a)(1), substituted "$64" for "$62".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Subsec. (b). Pub. L. 98-543, Sec. 101(a)(2), substituted "$122"

for "$118".

Pub. L. 98-223, Sec. 101(a)(2), substituted "$118" for "$114".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Subsec. (c). Pub. L. 98-543, Sec. 101(a)(3), substituted "$185"

for "$179".

Pub. L. 98-223, Sec. 101(a)(3), substituted "$179" for "$173".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Subsec. (d). Pub. L. 98-543, Sec. 101(a)(4), substituted "$266"

for "$258".

Pub. L. 98-223, Sec. 101(a)(4), substituted "$258" for "$249".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Subsec. (e). Pub. L. 98-543, Sec. 101(a)(5), substituted "376"

for "364".

Pub. L. 98-223, Sec. 101(a)(5), substituted "$364" for "$352".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Subsec. (f). Pub. L. 98-543, Sec. 101(a)(6), substituted "$474"

for "$459".

Pub. L. 98-223, Sec. 101(a)(6), substituted "$459" for "$443".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Subsec. (g). Pub. L. 98-543, Sec. 101(a)(7), substituted "$598"

for "$579".

Pub. L. 98-223, Sec. 101(a)(7), substituted "$579" for "$559".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Subsec. (h). Pub. L. 98-543, Sec. 101(a)(8), substituted "$692"

for "$671".

Pub. L. 98-223, Sec. 101(a)(8), substituted "$671" for "$648".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Subsec. (i). Pub. L. 98-543, Sec. 101(a)(9), substituted "$779"

for "$755".

Pub. L. 98-223, Sec. 101(a)(9), substituted "$755" for "$729".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Subsec. (j). Pub. L. 98-543, Sec. 101(a)(10), substituted

"$1,295" for "$1,255".

Pub. L. 98-223, Sec. 101(a)(10), substituted "$1,255" for

"$1,213".

Subsec. (k). Pub. L. 98-543, Sec. 101(a)(11), substituted

"$1,609" and "$2,255" for "$1,559" and "$2,185", respectively.

Pub. L. 98-223, Sec. 101(a)(11), substituted "$1,559" and

"$2,185" for "$1,506" and "$2,111", respectively.

Subsec. (l). Pub. L. 98-543, Sec. 101(a)(12), substituted

"$1,609" for "$1,559".

Pub. L. 98-223, Sec. 101(a)(12), substituted "$1,559" for

"$1,506".

Subsec. (m). Pub. L. 98-543, Sec. 101(a)(13), substituted

"$1,774" for "$1,719".

Pub. L. 98-223, Sec. 101(a)(13), substituted "$1,719" for

"$1,661".

Subsec. (n). Pub. L. 98-543, Sec. 101(a)(14), substituted

"$2,017" for "$1,954".

Pub. L. 98-223, Sec. 101(a)(14), substituted "$1,954" for

"$1,888".

Subsec. (o). Pub. L. 98-543, Sec. 101(a)(15), substituted

"$2,255" for "$2,185".

Pub. L. 98-223, Sec. 101(a)(15), substituted "$2,185" for

"$2,111".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Pub. L. 98-223, Sec. 112(a), inserted "or if the veteran has

suffered service-connected total deafness in one ear or bilateral

deafness (and the hearing impairment in either one or both ears is

service connected) rated at 40 percent or more disabling and the

veteran has also suffered service-connected blindness having only

light perception or less," after "5/200 visual acuity or less,".

Subsec. (p). Pub. L. 98-543, Sec. 101(a)(15), substituted

"$2,255" for "$2,185" in four places.

Pub. L. 98-223, Sec. 101(a)(15), substituted "$2,185" for

"$2,111" in three places.

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Pub. L. 98-223, Sec. 112(b)(1), substituted "30" for "40" in cl.

(1).

Pub. L. 98-223, Sec. 112(b)(2), inserted provision authorizing

the Administrator to allow the next intermediate rate, but in no

event in excess of $2,185, in the event the veteran has suffered

service-connected blindness, having only light perception or less,

and has also suffered bilateral deafness, and the hearing

impairment in either one or both ears is service connected, rated

at 10 to 20 percent disabling.

Subsec. (r). Pub. L. 98-543, Sec. 101(a)(16), substituted "$968"

and "$1,442" for "$938" and "$1,397", respectively.

Pub. L. 98-223, Sec. 101(a)(16), substituted "$938" and "$1,397"

for "$906" and "$1,350", respectively.

Subsec. (s). Pub. L. 98-543, Sec. 101(a)(17), substituted

"$1,449" for "$1,404".

Pub. L. 98-223, Sec. 101(a)(17), substituted "$1,404" for

"$1,357".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum".

Subsec. (t)(1). Pub. L. 98-543, Sec. 101(a)(18), substituted

"$280" for "$271".

Pub. L. 98-223, Sec. 101(a)(18), substituted "$271" for "$262".

Pub. L. 98-223, Sec. 101(a)(19), substituted "percent" for "per

centum" in two places.

1982 - Subsec. (a). Pub. L. 97-306, Secs. 101(a)(1), 107, 108,

substituted "$62" for "$58", and repealed amendment made by Pub. L.

97-253, Sec. 405(b)(1), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(1), (h), eff. Jan. 1, 1983,

substituted "$57" for "$58".

Subsec. (b). Pub. L. 97-306, Sec. 101(a)(2), substituted "$114"

for "$107".

Subsec. (c). Pub. L. 97-306, Secs. 101(a)(3), 107, 108,

substituted "$173" for "$162", and repealed amendment made by Pub.

L. 97-253, Sec. 405(b)(2), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(2), (h), eff. Jan. 1, 1983,

substituted "$161" for "$162".

Subsec. (d). Pub. L. 97-306, Sec. 101(a)(4), substituted "$249"

for "$232".

Subsec. (e). Pub. L. 97-306, Sec. 101(a)(5), substituted "$352"

for "$328".

Subsec. (f). Pub. L. 97-306, Secs. 101(a)(6), 107, 108,

substituted "$443" for "$413", and repealed amendment made by Pub.

L. 97-253, Sec. 405(b)(3), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(3), (h), eff. Jan. 1, 1983,

substituted "$412" for "$413".

Subsec. (g). Pub. L. 97-306, Sec. 101(a)(7), substituted "$559"

for "$521".

Subsec. (h). Pub. L. 97-306, Secs. 101(a)(8), 107, 108,

substituted "$648" for "$604", and repealed amendment made by Pub.

L. 97-253, Sec. 405(b)(4), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(4), (h), eff. Jan. 1, 1983,

substituted "$603" for "$604".

Subsec. (i). Pub. L. 97-306, Sec. 101(a)(9), substituted "$729"

for "$679".

Subsec. (j). Pub. L. 97-306, Sec. 101(a)(10), substituted

"$1,213" for "$1,130".

Subsec. (k). Pub. L. 97-306, Secs. 101(a)(11), 107, 108,

substituted "$1,506" for "$1,403" and "$2,111" for "$1,966", and

repealed amendment made by Pub. L. 97-253, Sec. 405(b)(5), eff.

Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(5), (h), eff. Jan. 1, 1983,

substituted "$61" for "$62", "$1,402" for "$1,403", "$61" for

"$62", and "$1,965" for "$1,966".

Subsec. (l). Pub. L. 97-306, Secs. 101(a)(12), 107, 108,

substituted "$1,506" for "$1,403", and repealed amendment made by

Pub. L. 97-253, Sec. 405(b)(6), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(6), (h), eff. Jan. 1, 1983,

substituted "$1,402" for "$1,403".

Subsec. (m). Pub. L. 97-306, Secs. 101(a)(13), 107, 108,

substituted "$1,661" for "$1,547", and repealed amendment made by

Pub. L. 97-253, Sec. 405(b)(7), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(7), (h), eff. Jan. 1, 1983,

substituted "$1,546" for "$1,547".

Subsec. (n). Pub. L. 97-306, Secs. 101(a)(14), 107, 108, 111(a),

inserted "or has suffered blindness without light perception in

both eyes," after "anatomical loss of both eyes,", substituted

"$1,888" for "$1,758", and repealed amendment made by Pub. L.

97-253, Sec. 405(b)(8), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(8), (h), eff. Jan. 1, 1983,

substituted "$1,757" for "$1,758".

Subsec. (o). Pub. L. 97-306, Secs. 101(a)(15), 107, 108,

substituted "$2,111" for "$1,966", and repealed amendment made by

Pub. L. 97-253, Sec. 405(b)(9), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(9), (h), eff. Jan. 1, 1983,

substituted "$1,965" for "$1,966".

Subsec. (p). Pub. L. 97-306, Secs. 101(a)(15), 107, 108, 111(b),

substituted "$2,111" for "$1,966" wherever appearing, inserted "or

service-connected anatomical loss or loss of use of one hand or one

foot" after "in one ear", and repealed amendment made by Pub. L.

97-253, Sec. 405(b)(9), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(9), (h), eff. Jan. 1, 1983,

substituted "$1,965" for "$1,966" wherever appearing.

Pub. L. 97-253, Sec. 404(a), inserted "down" after "arithmetic

mean, rounded".

Subsec. (r). Pub. L. 97-306, Secs. 101(a)(16), 107, 108,

substituted "$906" for "$844" in par. (1), "$1,350" for "$1,257" in

par. (2), and repealed amendment made by Pub. L. 97-253, Sec.

405(b)(10), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(10), (h), eff. Jan. 1, 1983,

substituted "$843" for "$844" in par. (1), and "$1,256" for

"$1,257" in par. (2).

Subsec. (s). Pub. L. 97-306, Secs. 101(a)(17), 107, 108,

substituted "$1,357" for "$1,264", and repealed amendment made by

Pub. L. 97-253, Sec. 405(b)(11), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(11), (h), eff. Jan. 1, 1983,

substituted "$1,263" for "$1,264".

Subsec. (t)(1). Pub. L. 97-306, Secs. 101(a)(18), 107, 108,

substituted "$262" for "$244", and repealed amendment made by Pub.

L. 97-253, Sec. 405(b)(12), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(b)(12), (h), eff. Jan. 1, 1983,

substituted "$243" for "$244".

1981 - Subsecs. (a) to (k). Pub. L. 97-66, Sec. 101(a)(1)-(11),

increased compensation in subsec. (a) from $54 to $58, subsec. (b)

from $99 to $107, subsec. (c) from $150 to $162, subsec. (d) from

$206 to $232, subsec. (e) from $291 to $328, subsec. (f) from $367

to $413, subsec. (g) from $434 to $521, subsec. (h) from $503 to

$604, subsec. (i) from $566 to $679, subsec. (j) from $1,016 to

$1,130, and subsec. (k) from $1,262 to $1,403 and from $1,768 to

$1,966.

Subsec. (l). Pub. L. 97-66, Secs. 101(a)(12), 104(1), substituted

"loss of use of both feet" for "loss of use of both hands, or both

feet" and "$1,403" for "$1,262".

Subsec. (m). Pub. L. 97-66, Secs. 101(a)(13), 104(2), substituted

"both hands, or of both legs at a level, or with complications,

preventing natural knee action with prostheses in place, or of one

arm and one leg at levels, or with complications, preventing

natural elbow and knee action with prostheses" for "two extremities

at a level, or with complications, preventing natural elbow or knee

action with prosthesis" and "$1,547" for "$1,391".

Subsec. (n). Pub. L. 97-66, Secs. 101(a)(14), 104(3), substituted

"or loss of use of both arms at levels, or with complications,

preventing natural elbow action with prostheses in place, has

suffered the anatomical loss of both legs so near the hip as to

prevent the use of prosthetic appliances, or has suffered the

anatomical loss of one arm and one leg so near the shoulder and hip

as to prevent the use of prosthetic appliances," for "of two

extremities so near the shoulder or hip as to prevent the use of a

prosthetic appliance" and "$1,758" for "$1,581".

Subsec. (o). Pub. L. 97-66, Secs. 101(a)(15), 104(4), substituted

"visual acuity or less, or if the veteran has suffered the

anatomical loss of both arms so near the shoulder as to prevent the

use of prosthetic appliances, the monthly compensation shall be

$1,966" for "visual acuity or less, the monthly compensation shall

be $1,768".

Subsec. (p). Pub. L. 97-66, Sec. 101(a)(15), substituted "$1,966"

for "$1,768" in three places.

Subsec. (r). Pub. L. 97-66, Sec. 101(a)(16), substituted "$844"

for "$759" in cl. (1) and "$1,257" for "$1,130" in cl. (2).

Subsec. (s). Pub. L. 97-66, Sec. 101(a)(17), increased

compensation from $1,137 to $1,264.

Subsec. (t)(1). Pub. L. 97-66, Sec. 101(a)(18), increased

compensation from $219 to $244.

1980 - Subsecs. (a) to (o). Pub. L. 96-385, Sec. 101(a)(1)-(15),

increased compensation in subsec. (a) from $48 to $54, subsec. (b)

from $88 to $99, subsec. (c) from $133 to $150, subsec. (d) from

$182 to $206, subsec. (e) from $255 to $291, subsec. (f) from $321

to $367, subsec. (g) from $380 to $434, subsec. (h) from $440 to

$503, subsec. (i) from $495 to $566, subsec. (j) from $889 to

$1,016, subsec. (k) from $1,104 and $1,547 to $1,262 and $1,768,

subsec. (l) from $1,104 to $1,262, subsec. (m) from $1,217 to

$1,391, subsec. (n) from $1,383 to $1,581, subsec. (o) from $1,547

to $1,768.

Subsec. (p). Pub. L. 96-385, Sec. 101(a)(15), substituted

"$1,768" for "$1,547" in three places.

Subsec. (r). Pub. L. 96-385, Sec. 101(a)(16), substituted "$759"

for "$664" in cl. (1) and "$1,130" for "$989" in cl. (2).

Subsec. (s). Pub. L. 96-385, Sec. 101(a)(17), increased

compensation from $995 to $1,137.

Subsec. (t)(1). Pub. L. 96-385, Sec. 101(a)(18), increased

compensation from $192 to $219.

1979 - Subsecs. (a) to (o). Pub. L. 96-128, Sec. 101(a)(1)-(15),

increased compensation in subsec. (a) from $44 to $48, subsec. (b)

from $80 to $88, subsec. (c) from $121 to $133, subsec. (d) from

$166 to $182, subsec. (e) from $232 to $255, subsec. (f) from $292

to $321, subsec. (g) from $346 to $380, subsec. (h) from $400 to

$440, subsec. (i) from $450 to $495, subsec. (j) from $809 to $889,

subsec. (k) from $56 to $62, from $1,005 to $1,104, and from $1,408

to $1,547, subsec. (l) from $1,005 to $1,104, subsec. (m) from

$1,107 to $1,217, subsec. (n) from $1,258 to $1,383, and subsec.

(o) from $1,408 to $1,547.

Subsec. (p). Pub. L. 96-128, Secs. 101(a)(15), 105, inserted

provisions respecting the establishment of any intermediate rate,

and substituted "$1,547" for "$1,408" wherever appearing.

Subsec. (r). Pub. L. 96-128, Secs. 101(a)(16), 104, inserted

provisions relating to intermediate rates and struck out reference

to subsections (o) or (p) of this section in introductory text,

substituted "$664" for "$604" in cl. (1), and substituted "$989"

for "$900" in cl. (2).

Subsec. (s). Pub. L. 96-128, Sec. 101(a)(17), increased

compensation from $905 to $995.

Subsec. (t)(1). Pub. L. 96-128, Sec. 101(a)(18), increased

compensation from $175 to $192.

1978 - Subsecs. (a) to (o). Pub. L. 95-479, Sec. 101(a)(1)-(15),

increased compensation in subsec. (a) from $41 to $44, subsec. (b)

from $75 to $80, in subsec. (c) from $113 to $121, in subsec. (d)

from $155 to $166, in subsec. (e) from $216 to $232, in subsec. (f)

from $272 to $292, in subsec. (g) from $322 to $346, in subsec. (h)

from $373 to $400, in subsec. (i) from $419 to $450, in subsec. (j)

from $754 to $809, in subsec. (k) from $937 and $1,312 to $1,005

and $1,408, respectively, in subsec. (l) from $937 to $1,005, in

subsec. (m) from $1,032 to $1,107, in subsec. (n) from $1,172 to

$1,258, and in subsec. (o) from $1,312 to $1,408.

Subsec. (p). Pub. L. 95-479, Sec. 101(a)(15), (b), substituted

"$1,408" for "$1,312" in two places, and inserted provision

allowing next higher rate or intermediate rate but in no event in

excess of $1,408 in event veteran has suffered anatomical loss or

loss of use, or a combination thereof, of three extremities.

Subsec. (r). Pub. L. 95-479, Sec. 101(c), raised the monthly aid

and attendance allowance from $563 to $604, and inserted provisions

relating to need of higher level of care.

Subsec. (s). Pub. L. 95-479, Sec. 101(a)(16), substituted "$905"

for "$843".

Subsec. (t). Pub. L. 95-479, Sec. 101(d), added subsec. (t).

1977 - Subsecs. (a) to (p), (r), (s). Pub. L. 95-117 increased

compensation in subsec. (a) from $38 to $41, subsec. (b) from $70

to $75, subsec. (c) from $106 to $113, subsec. (d) from $145 to

$155, subsec. (e) from $203 to $216, subsec. (f) from $255 to $272,

subsec. (g) from $302 to $322, subsec. (h) from $350 to $373,

subsec. (i) from $393 to $419, subsec. (j) from $707 to $754,

subsec. (k) from $879 and $1,231 to $937 and $1,312, respectively,

subsec. (l) from $879 to $937, subsec. (m) from $968 to $1,032,

subsec. (n) from $1,099 to $1,172, subsec. (o) from $1,231 to

$1,312, subsec. (p) from $1,231 to $1,312, subsec. (r) from $528 to

$563, and subsec. (s) from $791 to $843.

1976 - Subsecs. (a) to (l). Pub. L. 94-433, Sec. 101(a)(1)-(12),

increased compensation in subsec. (a) from $35 to $38, subsec. (b)

from $65 to $70, subsec. (c) from $98 to $106, subsec. (d) from

$134 to $145, subsec. (e) from $188 to $203, subsec. (f) from $236

to $255, subsec. (g) from $280 to $302, subsec. (h) from $324 to

$350, subsec. (i) from $364 to $393, subsec. (j) from $655 to $707,

subsec. (k) from $52, $814, and $1,139 to $56, $879, and $1,231,

respectively, and subsec. (l) from $814 to $879.

Subsec. (m). Pub. L. 94-433, Sec. 101(a)(13), 404(6), increased

compensation from $896 to $968 and substituted "such veteran" for

"him", respectively.

Subsec. (n). Pub. L. 94-433, Sec. 101(a)(14), increased

compensation from $1,018 to $1,099.

Subsec. (o). Pub. L. 94-433, Secs. 101(a)(15), 401(4), 404(6),

increased compensation from $1,139 to $1,231, struck out "in

combination with total blindness with 5/200 visual acuity or

less," before "the monthly compensation", and substituted "such

veteran" for "him", respectively.

Subsec. (p). Pub. L. 94-433, Secs. 101(a)(15), 404(7), increased

compensation from $1,139 to $1,231 and struck out ", in his

discretion," before "may allow", respectively.

Subsec. (r). Pub. L. 94-433, Secs. 101(a)(16), 401(5), 404(8),

increased compensation from $489 to $528 and substituted reference

to section "3203(e)" for "3203(f)" of this title and "such veteran"

for "he", respectively.

Subsec. (s). Pub. L. 94-433, Secs. 101(a)(17), 404(8), increased

compensation from $732 to $791 and substituted "such veteran's" for

"his" after "by reason of" and before "house", respectively.

1975 - Subsecs. (a) to (p), (r), (s). Pub. L. 94-71 increased

compensation in subsec. (a) from $32 to $35, subsec. (b) from $59

to $65, subsec. (c) from $89 to $98, subsec. (d) from $122 to $134,

subsec. (e) from $171 to $188, subsec. (f) from $211 to $236,

subsec. (g) from $250 to $280, subsec. (h) from $289 to $324,

subsec. (i) from $325 to $364, subsec. (j) from $584 to $655,

subsec. (k) from $727 and $1,017 to $814 and $1,139 respectively,

subsec. (l) from $727 to $814, subsec. (m) from $800 to $896,

subsec. (n) from $909 to $1,018, subsec. (o) from $1,017 to $1,139,

subsec. (p) from $1,017 to $1,139, subsec. (r) from $437 to $489,

and subsec. (s) from $654 to $732.

1974 - Subsecs. (a) to (p), (r), (s). Pub. L. 93-295 increased

compensation in subsec. (a) from $28 to $32, subsec. (b) from $51

to $59, subsec. (c) from $77 to $89, subsec. (d) from $106 to $122,

subsec. (e) from $149 to $171, subsec. (f) from $179 to $211,

subsec. (g) from $212 to $250, subsec. (h) from $245 to $289,

subsec. (i) from $275 to $325, subsec. (j) from $495 to $584,

subsec. (k) from $47, $616 and $862 to $52, $727 and $1,017,

respectively, subsec. (l) from $616 to $727, subsec. (m) from $678

to $800, subsec. (n) from $770 to $909, subsec. (o) from $862 to

$1,017, subsec. (p) from $862 to $1,017, subsec. (r) from $370 to

$437, and subsec. (s) from $554 to $654.

1972 - Subsecs. (a) to (p), (r), (s). Pub. L. 92-328 increased

compensation in subsec. (a) from $25 to $28, subsec. (b) from $46

to $51, subsec. (c) from $70 to $77, subsec. (d) from $96 to $106,

subsec. (e) from $135 to $149, subsec. (f) from $163 to $179,

subsec. (g) from $193 to $212, subsec. (h) from $223 to $245,

subsec. (i) from $250 to $275, subsec. (j) from $450 to $495,

subsec. (k) from $560 to $616 and $784 to $862, respectively,

subsec. (l) from $560 to $616, subsec. (m) from $616 to $678,

subsec. (n) from $700 to $770, subsec. (o) from $784 to $862,

subsec. (p) from $784 to $862, subsec. (r) from $336 to $370, and

subsec. (s) from $504 to $554.

1970 - Subsecs. (a) to (p), (r), (s). Pub. L. 91-376 increased

compensation in subsec. (a) from $23 to $25, subsec. (b) from $43

to $46, subsec. (c) from $65 to $70, subsec. (d) from $89 to $96,

subsec. (e) from $122 to $135, subsec. (f) from $147 to $163,

subsec. (g) from $174 to $193, subsec. (h) from $201 to $223,

subsec. (i) from $226 to $250, subsec. (j) from $400 to $450,

subsec. (k) from $500 and $700 to $560 and $784, respectively,

subsec. (l) from $500 to $560, subsec. (m) from $550 to $616,

subsec. (n) from $625 to $700, subsec. (o) from $700 to $784,

subsec. (p) from $700 to $784, subsec. (r) from $300 to $336, and

subsec. (s) from $450 to $504.

1968 - Subsecs. (a) to (p). Pub. L. 90-493, Sec. 1(a)(1)-(14),

(17), increased compensation in subsec. (a) from $21 to $23,

subsec. (b) from $40 to $43, subsec. (c) from $60 to $65, subsec.

(d) from $82 to $89, subsec. (e) from $113 to $122, subsec. (f)

from $136 to $147, subsec. (g) from $161 to $174, subsec. (h) from

$186 to $201, subsec. (i) from $209 to $226, subsec. (j) from $300

to $400, subsec. (k) from $600 and $400 to $700 and $500,

respectively, subsec. (l) from $400 to $500, subsec. (m) from $450

to $550, subsec. (n) from $525 to $625, subsec. (o) from $600 to

$700, and subsec. (p) from $600 to $700.

Subsec. (q). Pub. L. 90-493, Sec. 4(a), struck out provision that

if the veteran is shown to have had a service-connected disability

resulting from an active tuberculous disease, the monthly

compensation shall be not less than $67, provided that, in the

judgment of the Administrator, the disease has reached a condition

of complete arrest.

Subsecs. (r), (s). Pub. L. 90-493, Sec. 1(a)(15), (16), increased

compensation in subsec. (r) from $250 to $300, and in subsec. (s)

from $350 to $450.

1967 - Subsec. (k). Pub. L. 90-77 substituted "one or more

creative organs" for "a creative organ" and "in the event the

veteran has suffered one or more of the disabilities heretofore

specified in this subsection" for "in the event of anatomical loss

or loss of use of a creative organ, or one foot, or one hand, or

both buttocks, or blindness of one eye, having only light

perception, or has suffered complete organic aphonia with constant

inability to communicate by speech, or deafness of both ears,

having absence of air and bone conduction" and inserted following

"$47 per month" where initially appearing "for each such loss or

loss of use", reference to subsec. (s) of this section and

limitation of compensation to $400 per month.

1965 - Subsecs. (a) to (m). Pub. L. 89-311, Sec. 1(a)(1)-(14),

increased compensation in subsec. (a) from $20 to $21, subsec. (b)

from $38 to $40, subsec. (c) from $58 to $60, subsec. (d) from $77

to $82, subsec. (e) from $107 to $113, subsec. (f) from $128 to

$136, subsec. (g) from $149 to $161, subsec. (h) from $170 to $186,

subsec. (i) from $191 to $209, subsec. (j) from $250 to $300,

subsec. (k) from $525 to $600, subsec. (l) from $340 to $400,

subsec. (m) from $390 to $450, and subsec. (n) from $440 to $525.

Subsec. (o). Pub. L. 89-311, Secs. 1(a)(11), 3(d), increased

compensation from $525 to $600 and relaxed requirement of total

deafness by requiring only bilateral deafness (if the hearing

impairment in either one or both ears is service connected) rated

at 60 per centum or more disabling.

Subsec. (p). Pub. L. 89-311, Sec. 3(e), increased from $525 to

$600 the allowable maximum rates when service-connected

disabilities exceed the requirements for any of the prescribed

rates and inserted specific reference to an increase to the next

higher rate in the case of service-connected blindness and

bilateral deafness and an increase to the next intermediate rate in

the case of service-connected total deafness in one ear.

Subsec. (r). Pub. L. 89-311, Sec. 1(a)(15), substituted "$250"

for "$200".

Subsec. (s). Pub. L. 89-311, Sec. 1(a)(16), substituted "$350"

for "$290".

1963 - Subsec. (k). Pub. L. 88-22 provided increased compensation

for veterans suffering complete organic aphonia with constant

inability to communicate by speech.

Pub. L. 88-20 provided increased compensation for veterans

suffering deafness of both ears, having absence of air and bone

conduction.

1962 - Subsecs. (a) to (p). Pub. L. 87-645, Sec. 1(a)(1)-(14),

increased monthly compensation in subsec. (a) from $19 to $20,

subsec. (b) from $36 to $38, subsec. (c) from $55 to $58, subsec.

(d) from $73 to $77, subsec. (e) from $100 to $107, subsec. (f)

from $120 to $128, subsec. (g) from $140 to $149, subsec. (h) from

$160 to $170, subsec. (i) from $179 to $191, subsec. (j) from $225

to $250, subsec. (k) from $450 to $525, subsec. (l) from $309 to

$340, subsec. (m) from $359 to $390, subsec. (n) from $401 to $440,

and subsec. (o) and (p) from $450 to $525.

Subsec. (r). Pub. L. 87-645, Secs. 1(a)(15), 2(a), increased

monthly compensation from $150 to $200, and substituted ", subject

to the limitations of section 3203(f) of this title" for "for all

periods during which he is not hospitalized at Government expense".

Subsec. (s). Pub. L. 87-645, Sec. 1(a)(16), increased monthly

compensation from $265 to $290.

1960 - Subsec. (s). Pub. L. 86-663 added subsec. (s).

1958 - Subsec. (r). Pub. L. 85-782 added subsec. (r).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-94, Sec. 7, Dec. 21, 2001, 115 Stat. 902, provided

that: "The amendments made by this Act [amending this section and

sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take

effect on December 1, 2001."

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-118, Sec. 7, Nov. 30, 1999, 113 Stat. 1603, provided

that: "The amendments made by this Act [amending this section and

sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take

effect on December 1, 1999."

EFFECTIVE DATE OF 1997 AMENDMENT

Section 7 of Pub. L. 105-98 provided that: "The amendments made

by this Act [amending this section and sections 1115, 1162, 1311,

1313, and 1314 of this title] shall take effect on December 1,

1997."

EFFECTIVE DATE OF 1993 AMENDMENT

Section 7 of Pub. L. 103-140 provided that: "The amendments made

by this Act [amending this section and sections 1115, 1162, 1311,

1313, and 1314 of this title] shall take effect on December 1,

1993."

EFFECTIVE DATE OF 1991 AMENDMENTS

Section 7 of Pub. L. 102-152 provided that: "The amendments made

by this Act [amending this section and sections 1115, 1162, 1311,

1313, and 1314 of this title] shall take effect on December 1,

1991."

Section 7 of Pub. L. 102-3 provided that: "Section 2(b) [set out

as a note below] and the amendments made by this Act [amending this

section and sections 315, 362, 411, 413, and 414 [now 1115, 1162,

1311, 1313, and 1314] of this title] shall take effect as of

January 1, 1991."

EFFECTIVE DATE OF 1989 AMENDMENT

Section 106 of Pub. L. 101-237 provided that: "The amendments

made by this part [part A (Secs. 101-106) of title I of Pub. L.

101-237, amending this section and sections 315, 362, 411, 413, and

414 [now 1115, 1162, 1311, 1313, and 1314] of this title] shall

take effect on December 1, 1989."

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1106 of title XI of Pub. L. 100-687 provided that: "The

amendments made by this title [amending this section and sections

315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314]

of this title, and enacting provisions set out as a note below]

shall take effect on December 1, 1988."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 107 of title I of Pub. L. 100-227 provided that: "The

amendments made by this title [amending this section and sections

315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314]

of this title and enacting provisions set out as notes under this

section and section 101 of this title] shall take effect as of

December 1, 1987."

EFFECTIVE DATE OF 1986 AMENDMENTS

Section 107 of Pub. L. 99-576 provided that: "The amendments made

by sections 101 through 106 [amending this section and sections

315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314]

of this title] shall take effect on December 1, 1986, except that

such amendments shall not take effect unless benefit amounts

payable under title II of the Social Security Act (42 U.S.C. 401 et

seq.) are increased effective December 1, 1986, as a result of a

determination under section 215(i) of such Act (42 U.S.C 415(i))."

Amendment by section 109(b) of Pub. L. 99-576 effective Oct. 28,

1986, see section 109(c)(1) of Pub. L. 99-576, set out as a note

under section 1160 of this title.

Section 107 of title I of Pub. L. 99-238 provided that: "The

amendments made by this title [amending this section and sections

315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314]

of this title and enacting provisions set out as a note under this

section] shall take effect as of December 1, 1985."

EFFECTIVE DATE OF 1984 AMENDMENTS

Section 107 of Pub. L. 98-543 provided that: "Sections 101

through 106 [amending this section and sections 315, 362, 411, 413,

and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title and

enacting provisions set out as a note under this section] shall

take effect on December 1, 1984."

Section 107 of Pub. L. 98-223 provided that: "The amendments made

by this part [part A (Secs. 101-108) of title I of Pub. L. 98-223,

see Tables for classification] shall take effect on April 1, 1984."

Amendment by section 112 of Pub. L. 98-223 effective Oct. 1,

1983, see section 114 of Pub. L. 98-223, set out as a note under

section 1112 of this title.

EFFECTIVE DATE OF 1982 AMENDMENTS

Section 108 of Pub. L. 97-306 provided that: "The amendments made

by this part [part A (Secs. 101-108) of title I of Pub. L. 97-306,

see Tables for classification] shall take effect on October 1,

1982."

Section 111(c) of Pub. L. 97-306 provided that: "The amendments

made by subsections (a) and (b) [amending this section] shall take

effect on October 1, 1982."

Section 404(c) of Pub. L. 97-253 provided that: "The amendments

made by this section [amending this section and section 315 [now

1115] of this title] shall take effect on October 1, 1982."

EFFECTIVE DATE OF 1981 AMENDMENT

Section 701 of Pub L. 97-66 provided that:

"(a) The amendments made by titles I, II, and III [see Tables for

classification] shall take effect as of October 1, 1981.

"(b)(1) Except as otherwise provided in this subsection, the

amendments made by titles IV, V, and VI [see Tables for

classification] shall take effect on the date of the enactment of

this Act [Oct. 17, 1981].

"(2) The amendments made by section 401 [amending sections 767

and 777 [now 1967 and 1977] of this title] shall take effect on

December 1, 1981.

"(3) The amendments made by section 504 [amending section 1826

[now 3726] of this title] shall take effect as of October 17, 1980.

"(4) The amendments made by section 601(b)(1) [amending section

5010 [now 8110] of this title] shall take effect as of October 1,

1981.

"(5) The amendments made by section 602 [amending section 3203

[now 5503] of this title] shall take effect on the date of the

enactment of this Act [Oct. 17, 1981] and shall apply with respect

to veterans admitted to a Veterans' Administration hospital or

nursing home on or after such date.

"(6) The amendments made by section 603 [amending sections 906

and 1003 [now 2306 and 2403] of this title] shall apply with

respect to veterans dying before, on, or after the date of the

enactment of this Act [Oct. 17, 1981]."

EFFECTIVE DATE OF 1980 AMENDMENT

Section 601 of Pub. L. 96-385 provided that:

"(a) The amendments made by titles I and II [amending this

section and sections 315, 362, 411, 413, and 414 [now 1115, 1162,

1311, 1313, and 1314] of this title] shall apply only to payments

for months beginning after September 30, 1980.

"(b) The amendments made by title III [amending sections 801,

802, 804, and 805 [now 2101, 2102, 2104, and 2105] of this title]

and by sections 402, 501, 503 [amending sections 230, 1810 [now

3710], 1811 [now 3711], 1819 [now 3712], 3104 [now 5304], and 3203

[now 5503] of this title], and 506 [amending section 121 of former

Title 36, Patriotic Societies and Observances] shall take effect on

October 1, 1980.

"(c) The amendments made by section 502 [amending section 906

[now 2306] of this title] shall apply only with respect to

individuals who die after September 30, 1980.

"(d) The amendments made by sections 401, 504, 505 [enacting

sections 1810, 1819, 3113, and 3305 [now 3710, 3712, 5313, and

5705] of this title and amending sections 1803 and 1811 [now 3703

and 3711] of this title] and 507 [not classified to the Code] shall

take effect on the date of the enactment of this Act [Oct. 7,

1980].

"(e) The amendments made by section 508 [amending former sections

4107 and 4109 of this title] shall take effect as of August 26,

1980."

EFFECTIVE DATE OF 1979 AMENDMENTS

Section 601 of Pub. L. 96-128, as amended by Pub. L. 96-151,

title III, Sec. 306(a), Dec. 20, 1979, 93 Stat. 1097, provided

that:

"(a)(1) Except as provided in paragraph (2) of this subsection,

the amendments made by titles I and II [amending this section and

sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313,

and 1314] of this title] and the provisions of section 101(b) [set

out as a note below] shall take effect as of October 1, 1979.

"(2) With respect to the amendment made by clause (11) of section

101(a), that portion of the amendment amending subsection (k) of

section 314 [now 1114] to increase certain monthly rates of

compensation [substituting "$62" for "$56" in two places] shall

take effect as of September 1, 1980, and that portion of the

amendment amending such subsection to increase certain maximum

monthly amounts of compensation [substituting "$1,104" for "$1,005"

and "$1,547" for "$1,408"] shall take effect as of October 1, 1979.

"(b) The amendments made by titles III, IV, and V [see Tables for

classification] shall take effect on the date of the enactment of

this Act [Nov. 28, 1979]."

[Section 306(b) of Pub. L. 96-151 provided that the amendment

made to section 601(a)(2) of Pub. L. 96-128 [substituting "clause

(11)" for "clause (1)"], set out as a note above, shall take effect

as of Nov. 28, 1979.]

EFFECTIVE DATE OF 1978 AMENDMENT

Section 401 of Pub. L. 95-479 provided that:

"(a) Except as provided in subsection (b), the amendments made by

this Act [see Tables for classification] shall take effect on

October 1, 1978.

"(b) The amendment made by section 302 [amending section 562 [now

1562] of this title] shall take effect on January 1, 1979."

EFFECTIVE DATE OF 1977 AMENDMENT

Section 501 of Pub. L. 95-117 provided that: "Except as otherwise

provided in this Act, the amendments made by this Act to title 38,

United States Code [see Tables for classification], shall become

effective on October 1, 1977."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 301 of Pub. L. 94-71 provided that: "The provisions of

this Act [see Tables for classification] shall become effective

August 1, 1975."

EFFECTIVE DATE OF 1974 AMENDMENT

Section 401 of Pub. L. 93-295 provided that: "The provisions of

this Act [see Tables for classification] shall become effective on

May 1, 1974, except that title III [amending sections 1701 and 3202

[now 3501 and 5502] of this title] shall become effective on the

first day of the second calendar month following enactment [May 31,

1974]."

EFFECTIVE DATE OF 1972 AMENDMENT

Section 301(a) of Pub. L. 92-328 provided that: "Sections 101

through 107 of this Act [see Tables for classification] shall take

effect on the first day of the second calendar month which begins

after the date of enactment [June 30, 1972]."

EFFECTIVE DATE OF 1970 AMENDMENT

Section 9 of Pub. L. 91-376 provided that: "The first two

sections of this Act [amending this section and section 315 [now

1115] of this title and enacting provision set out as a note under

this section] take effect July 1, 1970. Sections 4, 5, 6, and 7

[amending sections 103, 3010 [now 5110], and 3104 [now 5304] of

this title, and enacting provision set out as a note under section

103 of this title] take effect January 1, 1971."

EFFECTIVE DATE OF 1968 AMENDMENT

Section 2 of Pub. L. 90-493 provided that: "The compensation

payable pursuant to the amendments made by this Act [amending this

section] shall be payable beginning with the first day of January

1969."

Section 4(b) of Pub. L. 90-493 provided that: "The repeals made

by subsection (a) of this section [repealing subsec. (q) of this

section and section 356 of this title] shall not apply in the case

of any veteran who, on the date of enactment of this Act [Aug. 19,

1968], was receiving or entitled to receive compensation for

tuberculosis which in the judgment of the Administrator had reached

a condition of complete arrest."

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 1965 AMENDMENT

Section 9 of Pub. L. 89-311 provided that: "The amendments made

by the first section and sections 2, 3, and 4 of this Act [amending

this section and sections 101, 315 [now 1115], 360 [now 1160], 414

[now 1314], and 560 [now 1560] of this title and enacting

provisions set out as a note under this section] shall take effect

on the first day of the second calendar month following the date of

enactment of this Act [Oct. 31, 1965]."

EFFECTIVE DATE OF 1963 AMENDMENTS

Section 2 of Pub. L. 88-22 provided that: "The amendments made by

this Act [amending this section] shall take effect on the first day

of the second calendar month which begins after the date of

enactment of this Act [May 15, 1963]."

Section 2 of Pub. L. 88-20 provided that: "The amendments made by

this Act [amending this section] shall take effect on the first day

of the second month which begins after the date of its enactment

[May 15, 1963]."

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-645 effective first day of first calendar

month which begins after Sept. 7, 1962, see section 4 of Pub. L.

87-645, set out as a note under section 1112 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 2 of Pub. L. 86-663 provided that: "This Act [amending

this section] shall be effective on and after the first day of the

second calendar month following the date of its enactment [July 14,

1960]."

EFFECTIVE DATE OF 1958 AMENDMENT

Section 2 of Pub. L. 85-782 provided that the amendment made by

that section is effective Jan. 1, 1959.

REPEAL OF TEMPORARY CHANGES IN FISCAL YEAR 1983 COMPENSATION

Section 405 of Pub. L. 97-253 [amending this section and sections

315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314]

of this title and enacting provisions set out as notes under this

section] was repealed by Pub. L. 97-306, title I, Sec. 107, Oct.

14, 1982, 96 Stat. 1431. Section 405 of Pub. L. 97-253 had amended

those sections relating to compensation to be effective Jan. 1,

1983, in contemplation of the later enactment of a law providing

for cost-of-living increases for fiscal year 1983, with the intent

that the increases provided for under section 405 of Pub. L. 97-253

be superseded by increases provided for in the later law. Pub. L.

97-306 provided for the anticipated increases and repealed section

405 of Pub. L. 97-253.

DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION

RATE INCREASES

Pub. L. 107-247, Secs. 2(a)-(c), 3, Oct. 23, 2002, 116 Stat.

1517, 1518, provided that:

"SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND

DEPENDENCY AND INDEMNITY COMPENSATION.

"(a) Rate Adjustment. - The Secretary of Veterans Affairs shall,

effective on December 1, 2002, increase the dollar amounts in

effect for the payment of disability compensation and dependency

and indemnity compensation by the Secretary, as specified in

subsection (b).

"(b) Amounts To Be Increased. - The dollar amounts to be

increased pursuant to subsection (a) are the following:

"(1) Compensation. - Each of the dollar amounts in effect under

section 1114 of title 38, United States Code.

"(2) Additional compensation for dependents. - Each of the

dollar amounts in effect under section 1115(1) of such title.

"(3) Clothing allowance. - The dollar amount in effect under

section 1162 of such title.

"(4) New dic rates. - The dollar amounts in effect under

paragraphs (1) and (2) of section 1311(a) of such title.

"(5) Old dic rates. - Each of the dollar amounts in effect

under section 1311(a)(3) of such title.

"(6) Additional dic for surviving spouses with minor children.

- The dollar amount in effect under section 1311(b) of such

title.

"(7) Additional dic for disability. - The dollar amounts in

effect under sections 1311(c) and 1311(d) of such title.

"(8) DIC for dependent children. - The dollar amounts in effect

under sections 1313(a) and 1314 of such title.

"(c) Determination of Increase. - (1) The increase under

subsection (a) shall be made in the dollar amounts specified in

subsection (b) as in effect on November 30, 2002.

"(2) Except as provided in paragraph (3), each such amount shall

be increased 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, 2002,

as a result of a determination under section 215(i) of such Act (42

U.S.C. 415(i)).

"(3) Each dollar amount increased pursuant to paragraph (2)

shall, if not a whole dollar amount, be rounded down to the next

lower whole dollar amount.

"SEC. 3. PUBLICATION OF ADJUSTED RATES.

"At the same time as the matters specified in section

215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D))

are required to be published by reason of a determination made

under section 215(i) of such Act during fiscal year 2003, the

Secretary of Veterans Affairs shall publish in the Federal Register

the amounts specified in subsection (b) of section 2, as increased

pursuant to that section."

Similar provisions were contained in the following acts:

Pub. L. 106-413, Secs. 2(a)-(c), 3, Nov. 1, 2000, 114 Stat. 1798,

1799.

Pub. L. 105-368, title XI, Secs. 1101(a)-(c), 1102, Nov. 11,

1998, 112 Stat. 3366, 3367.

Pub. L. 104-263, Sec. 2(a), (c), Oct. 9, 1996, 110 Stat. 3212.

Pub. L. 104-57, Secs. 2(a)-(c), 3, Nov. 22, 1995, 109 Stat. 555,

556.

Pub. L. 103-418, Secs. 2(a)-(c), 3, Oct. 25, 1994, 108 Stat.

4336, 4337.

Pub. L. 102-510, Sec. 2(a), (c), Oct. 24, 1992, 106 Stat. 3318,

3319.

ADMINISTRATIVE ADJUSTMENT OF DISABILITY RATES OF CERTAIN PERSONS

NOT COVERED BY THIS CHAPTER

Pub. L. 107-247, Sec. 2(d), Oct. 23, 2002, 116 Stat. 1518,

provided that: "The Secretary [of Veterans Affairs] may adjust

administratively, consistent with the increases made under

subsection (a) [set out above], the rates of disability

compensation payable to persons within the purview of section 10 of

Public Law 85-857 (72 Stat. 1263) [set out as a note preceding

section 101 of this title] who are not in receipt of compensation

payable pursuant to chapter 11 of title 38, United States Code."

Similar provisions were contained in the following acts:

Pub. L. 107-94, Sec. 2(b), Dec. 21, 2001, 115 Stat. 901.

Pub. L. 106-413, Sec. 2(d), Nov. 1, 2000, 114 Stat. 1799.

Pub. L. 106-118, Sec. 2(b), Nov. 30, 1999, 113 Stat. 1602.

Pub. L. 105-368, title XI, Sec. 1101(d), Nov. 11, 1998, 112 Stat.

3366.

Pub. L. 105-98, Sec. 2(b), Nov. 19, 1997, 111 Stat. 2156.

Pub. L. 104-263, Sec. 2(b), Oct. 9, 1996, 110 Stat. 3212.

Pub. L. 104-57, Sec. 2(d), Nov. 22, 1995, 109 Stat. 556.

Pub. L. 103-418, Sec. 2(d), Oct. 25, 1994, 108 Stat. 4337.

Pub. L. 102-510, Sec. 2(b), Oct. 24, 1992, 106 Stat. 3318.

Pub. L. 102-152, Sec. 2(b), Nov. 12, 1991, 105 Stat. 986.

Pub. L. 102-3, Sec. 2(b), Feb. 6, 1991, 105 Stat. 8.

Pub. L. 101-237, title I, Sec. 101(b), Dec. 18, 1989, 103 Stat.

2063.

Pub. L. 100-687, div. B, title XI, Sec. 1101(b), Nov. 18, 1988,

102 Stat. 4123.

Pub. L. 100-227, title I, Sec. 101(b), Dec. 31, 1987, 101 Stat.

1553.

Pub. L. 99-576, title I, Sec. 101(b), Oct. 28, 1986, 100 Stat.

3251.

Pub. L. 99-238, title I, Sec. 101(b), Jan. 13, 1986, 99 Stat.

1766.

Pub. L. 98-543, title I, Sec. 101(b), Oct. 24, 1984, 98 Stat.

2736.

Pub. L. 98-223, title I, Sec. 101(b), Mar. 2, 1984, 98 Stat. 38.

Pub. L. 97-306, title I, Sec. 101(b), Oct. 14, 1982, 96 Stat.

1430.

Pub. L. 97-66, title I, Sec. 101(b), Oct. 17, 1981, 95 Stat.

1027.

Pub. L. 96-385, title I, Sec. 101(b), Oct. 7, 1980, 94 Stat.

1529.

Pub. L. 96-128, title I, Sec. 101(b), Nov. 28, 1979, 93 Stat.

983.

Pub. L. 95-479, title I, Sec. 101(e), Oct. 18, 1978, 92 Stat.

1562.

Pub. L. 95-117, title I, Sec. 101(b), Oct. 3, 1977, 91 Stat.

1063.

Pub. L. 94-433, title I, Sec. 101(b), Sept. 30, 1976, 90 Stat.

1374.

Pub. L. 94-71, title I, Sec. 101(b), Aug. 5, 1975, 89 Stat. 395.

Pub. L. 93-295, title I, Sec. 101(b), May 31, 1974, 88 Stat. 181.

Pub. L. 92-328, title I, Sec. 101(b), June 30, 1972, 86 Stat.

393.

Pub. L. 91-376, Sec. 1(b), Aug. 12, 1970, 84 Stat. 788.

Pub. L. 90-493, Sec. 1(b), Aug. 19, 1968, 82 Stat. 809.

Pub. L. 89-311, Sec. 1(b), Oct. 31, 1965, 79 Stat. 1154.

Pub. L. 87-645, Sec. 1(b), Sept. 7, 1962, 76 Stat. 441.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1115, 1134, 1717, 3108,

5313, 5503 of this title.

-End-

-CITE-

38 USC Sec. 1115 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

Sec. 1115. Additional compensation for dependents

-STATUTE-

Any veteran entitled to compensation at the rates provided in

section 1114 of this title, and whose disability is rated not less

than 30 percent, shall be entitled to additional compensation for

dependents in the following monthly amounts:

(1) If and while rated totally disabled and -

(A) has a spouse but no child, $125;

(B) has a spouse and one or more children, $215 plus $64 for

each child in excess of one;

(C) has no spouse but one or more children, $85 plus $64 for

each child in excess of one;

(D) has a parent dependent upon such veteran for support,

then, in addition to the above amounts, $101 for each parent so

dependent;

(E) notwithstanding the other provisions of this paragraph,

the monthly payable amount on account of a spouse who is (i) a

patient in a nursing home or (ii) helpless or blind, or so

nearly helpless or blind as to need or require the regular aid

and attendance of another person, shall be $237 for a totally

disabled veteran and proportionate amounts for partially

disabled veterans in accordance with paragraph (2) of this

section; and

(F) notwithstanding the other provisions of this paragraph,

the monthly amount payable on account of each child who has

attained the age of eighteen years and who is pursuing a course

of instruction at an approved educational institution shall be

$198 for a totally disabled veteran and proportionate amounts

for partially disabled veterans in accordance with paragraph

(2) of this section.

(2) If and while rated partially disabled, but not less than 30

percent, in an amount having the same ratio to the amount

specified in paragraph (1) of this section as the degree of

disability bears to total disability. The amounts payable under

this paragraph, if not a multiple of $1, shall be rounded down to

the nearest dollar.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1121, Sec. 315; Pub. L.

86-499, Sec. 1, June 8, 1960, 74 Stat. 165; Pub. L. 89-137, Sec.

1(b), Aug. 26, 1965, 79 Stat. 576; Pub. L. 89-311, Sec. 2(a), (b),

Oct. 31, 1965, 79 Stat. 1154, 1155; Pub. L. 91-376, Sec. 2, Aug.

12, 1970, 84 Stat. 788; Pub. L. 92-328, title I, Sec. 102, June 30,

1972, 86 Stat. 394; Pub. L. 93-295, title I, Sec. 102, May 31,

1974, 88 Stat. 181; Pub. L. 94-71, title I, Sec. 102, Aug. 5, 1975,

89 Stat. 396; Pub. L. 94-433, title I, Sec. 102, title IV, Sec.

404(9)-(11), Sept. 30, 1976, 90 Stat. 1375, 1378; Pub. L. 95-117,

title I, Sec. 102, Oct. 3, 1977, 91 Stat. 1064; Pub. L. 95-479,

title I, Sec. 102, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96-128,

title I, Sec. 102, Nov. 28, 1979, 93 Stat. 983; Pub. L. 96-385,

title I, Sec. 102, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97-66,

title I, Sec. 102, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97-253,

title IV, Secs. 404(b), 405(c), Sept. 8, 1982, 96 Stat. 803; Pub.

L. 97-306, title I, Secs. 102, 107, Oct. 14, 1982, 96 Stat. 1430,

1431; Pub. L. 98-223, title I, Sec. 102, Mar. 2, 1984, 98 Stat. 38;

Pub. L. 98-543, title I, Sec. 102, Oct. 24, 1984, 98 Stat. 2736;

Pub. L. 99-238, title I, Sec. 102, Jan. 13, 1986, 99 Stat. 1766;

Pub. L. 99-576, title I, Sec. 102, Oct. 28, 1986, 100 Stat. 3251;

Pub. L. 100-227, title I, Sec. 102, Dec. 31, 1987, 101 Stat. 1553;

Pub. L. 100-687, div. B, title XI, Sec. 1102, Nov. 18, 1988, 102

Stat. 4123; Pub. L. 101-237, title I, Sec. 102, Dec. 18, 1989, 103

Stat. 2063; Pub. L. 102-3, Sec. 3, Feb. 6, 1991, 105 Stat. 8;

renumbered Sec. 1115 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec. 3, Nov. 12,

1991, 105 Stat. 986; Pub. L. 103-78, Sec. 2, Aug. 13, 1993, 107

Stat. 768; Pub. L. 103-140, Sec. 3, Nov. 11, 1993, 107 Stat. 1486;

Pub. L. 105-98, Sec. 3, Nov. 19, 1997, 111 Stat. 2156; Pub. L.

106-118, Sec. 3, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107-94,

Sec. 3, Dec. 21, 2001, 115 Stat. 901; Pub. L. 107-330, title III,

Sec. 309(b), Dec. 6, 2002, 116 Stat. 2830.)

-MISC1-

AMENDMENTS

2002 - Par. (1)(A). Pub. L. 107-330, Sec. 309(b)(1), substituted

"$125" for "$124".

Par. (1)(B). Pub. L. 107-330, Sec. 309(b)(2), substituted "$215"

for "$213".

Par. (1)(C). Pub. L. 107-330, Sec. 309(b)(3), substituted "$85"

for "$84".

Par. (1)(D). Pub. L. 107-330, Sec. 309(b)(4), substituted "$101"

for "$100".

Par. (1)(E). Pub. L. 107-330, Sec. 309(b)(5), substituted "$237"

for "$234".

Par. (1)(F). Pub. L. 107-330, Sec. 309(b)(6), substituted "$198"

for "$196".

2001 - Par. (1)(A). Pub. L. 107-94, Sec. 3(1), substituted "$124"

for "$117".

Par. (1)(B). Pub. L. 107-94, Sec. 3(2), substituted "$213" and

"$64" for "$201" and "$61", respectively.

Par. (1)(C). Pub. L. 107-94, Sec. 3(3), substituted "$84" and

"$64" for "$80" and "$61", respectively.

Par. (1)(D). Pub. L. 107-94, Sec. 3(4), substituted "$100" for

"$95".

Par. (1)(E). Pub. L. 107-94, Sec. 3(5), substituted "$234" for

"$222".

Par. (1)(F). Pub. L. 107-94, Sec. 3(6), substituted "$196" for

"$186".

1999 - Par. (1)(A). Pub. L. 106-118, Sec. 3(1), substituted

"$117" for "$114".

Par. (1)(B). Pub. L. 106-118, Sec. 3(2), substituted "$201" and

"$61" for "$195" and "$60", respectively.

Par. (1)(C). Pub. L. 106-118, Sec. 3(3), substituted "$80" and

"$61" for "$78" and "$60", respectively.

Par. (1)(D). Pub. L. 106-118, Sec. 3(4), substituted "$95" for

"$92".

Par. (1)(E). Pub. L. 106-118, Sec. 3(5), substituted "$222" for

"$215".

Par. (1)(F). Pub. L. 106-118, Sec. 3(6), substituted "$186" for

"$180".

1997 - Par. (1)(A). Pub. L. 105-98, Sec. 3(1), substituted "$114"

for "$105".

Par. (1)(B). Pub. L. 105-98, Sec. 3(2), substituted "$195" and

"$60" for "$178" and "$55", respectively.

Par. (1)(C). Pub. L. 105-98, Sec. 3(3), substituted "$78" and

"$60" for "$72" and "$55", respectively.

Par. (1)(D). Pub. L. 105-98, Sec. 3(4), substituted "$92" for

"$84".

Par. (1)(E). Pub. L. 105-98, Sec. 3(5), substituted "$215" for

"$195".

Par. (1)(F). Pub. L. 105-98, Sec. 3(6), substituted "$180" for

"$164".

1993 - Par. (1)(A). Pub. L. 103-140, Sec. 3(1), substituted

"$105" for "$103".

Pub. L. 103-78, Sec. 2(1), substituted "$103" for "$100".

Par. (1)(B). Pub. L. 103-140, Sec. 3(2), substituted "$178" for

"$174" and "$55" for "$54".

Pub. L. 103-78, Sec. 2(2), substituted "$174" for "$169" and

"$54" for "$52".

Par. (1)(C). Pub. L. 103-140, Sec. 3(3), substituted "$72" for

"$71" and "$55" for "$54".

Pub. L. 103-78, Sec. 2(3), substituted "$71" for "$69" and "$54"

for "$52".

Par. (1)(D). Pub. L. 103-140, Sec. 3(4), substituted "$84" for

"$82".

Pub. L. 103-78, Sec. 2(4), substituted "$82" for "$80".

Par. (1)(E). Pub. L. 103-140, Sec. 3(5), substituted "$195" for

"$191".

Pub. L. 103-78, Sec. 2(5), substituted "$191" for "$185".

Par. (1)(F). Pub. L. 103-140, Sec. 3(6), substituted "$164" for

"$160".

Pub. L. 103-78, Sec. 2(6), substituted "$160" for "$155".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 315 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1114" for "314" in

introductory provisions.

Par. (1)(A). Pub. L. 102-152, Sec. 3(1), substituted "$100" for

"$96".

Pub. L. 102-3, Sec. 3(1), substituted "$96" for "$92".

Par. (1)(B). Pub. L. 102-152, Sec. 3(2), substituted "$169" for

"$163" and "$52" for "$50".

Pub. L. 102-3, Sec. 3(2), substituted "$163" for "$155" and "$50"

for "$48".

Par. (1)(C). Pub. L. 102-152, Sec. 3(3), substituted "$69" for

"$67" and "$52" for "$50".

Pub. L. 102-3, Sec. 3(3), substituted "$67" for "$64" and "$50"

for "$48".

Par. (1)(D). Pub. L. 102-152, Sec. 3(4), substituted "$80" for

"$77".

Pub. L. 102-3, Sec. 3(4), substituted "$77" for "$74".

Par. (1)(E). Pub. L. 102-152, Sec. 3(5), substituted "$185" for

"$178".

Pub. L. 102-3, Sec. 3(5), substituted "$178" for "$169".

Par. (1)(F). Pub. L. 102-152, Sec. 3(6), substituted "$155" for

"$149".

Pub. L. 102-3, Sec. 3(6), substituted "$149" for "$142".

1989 - Par. (1)(A). Pub. L. 101-237, Sec. 102(1), substituted

"$92" for "$88".

Par. (1)(B). Pub. L. 101-237, Sec. 102(2), substituted "$155" and

"$48" for "$148" and "$46", respectively.

Par. (1)(C). Pub. L. 101-237, Sec. 102(3), substituted "$64" and

"$48" for "$61" and "$46", respectively.

Par. (1)(D). Pub. L. 101-237, Sec. 102(4), substituted "$74" for

"$71".

Par. (1)(E). Pub. L. 101-237, Sec. 102(5), substituted "$169" for

"$161".

Par. (1)(F). Pub. L. 101-237, Sec. 102(6), substituted "$142" for

"$136".

1988 - Par. (1)(A). Pub. L. 100-687, Sec. 1102(1), substituted

"$88" for "$85".

Par. (1)(B). Pub. L. 100-687, Sec. 1102(2), substituted "$148"

and "$46" for "$143" and "$45", respectively.

Par. (1)(C). Pub. L. 100-687, Sec. 1102(3), substituted "$61" and

"$46" for "$59" and "$45", respectively.

Par. (1)(D). Pub. L. 100-687, Sec. 1102(4), substituted "$71" for

"$69".

Par. (1)(E). Pub. L. 100-687, Sec. 1102(5), substituted "$161"

for "$155".

Par. (1)(F). Pub. L. 100-687, Sec. 1102(6), substituted "$136"

for "$131".

1987 - Par. (1)(A). Pub. L. 100-227, Sec. 102(1), substituted

"$85" for "$82".

Par. (1)(B). Pub. L. 100-227, Sec. 102(2), substituted "$143" and

"$45" for "$138" and "$44", respectively.

Par. (1)(C). Pub. L. 100-227, Sec. 102(3), substituted "$59" and

"$45" for "$57" and "$44", respectively.

Par. (1)(D). Pub. L. 100-227, Sec. 102(4), substituted "$69" for

"$67".

Par. (1)(E). Pub. L. 100-227, Sec. 102(5), substituted "$155" for

"$149".

Par. (1)(F). Pub. L. 100-227, Sec. 102(6), substituted "$131" for

"$126".

1986 - Par. (1)(A). Pub. L. 99-576, Sec. 102(1), substituted

"$82" for "$81".

Pub. L. 99-238, Sec. 102(1), substituted "$81" for "$79".

Par. (1)(B). Pub. L. 99-576, Sec. 102(2), substituted "$138" and

"$44" for "$136" and "$43", respectively.

Pub. L. 99-238, Sec. 102(2), substituted "$136" and "$43" for

"$132" and "$42", respectively.

Par. (1)(C). Pub. L. 99-576, Sec. 102(3), substituted "$57" and

"$44" for "$56" and "$43", respectively.

Pub. L. 99-238, Sec. 102(3), substituted "$56" and "$43" for

"$54" and "$42", respectively.

Par. (1)(D). Pub. L. 99-576, Sec. 102(4), substituted "$67" for

"$66".

Pub. L. 99-238, Sec. 102(4), substituted "$66" for "$64".

Par. (1)(E). Pub. L. 99-576, Sec. 102(5), substituted "$149" for

"$147".

Pub. L. 99-238, Sec. 102(5), substituted "$147" for "$143".

Par. (1)(F). Pub. L. 99-576, Sec. 102(6), substituted "$126" for

"$124".

Pub. L. 99-238, Sec. 102(6), substituted "$124" for "$120".

1984 - Pub. L. 98-223, Sec. 102(b), substituted "percent" for

"per centum" in provision preceding par. (1).

Par. (1)(A). Pub. L. 98-543, Sec. 102(1), substituted "$79" for

"$77".

Pub. L. 98-223, Sec. 102(a)(1), substituted "$77" for "$74".

Par. (1)(B). Pub. L. 98-543, Sec. 102(2), substituted "$132" and

"$42" for "$128" and "$41", respectively.

Pub. L. 98-223, Sec. 102(a)(2), substituted "$128" and "$41" for

"$124" and "$40", respectively.

Par. (1)(C). Pub. L. 98-543, Sec. 102(3), substituted "$54" and

"$42" for "$52" and "$41", respectively.

Pub. L. 98-223, Sec. 102(a)(3), substituted "$52" and "$41" for

"$50" and "$40", respectively.

Par. (1)(D). Pub. L. 98-543, Sec. 102(4), substituted "$64" for

"$62".

Pub. L. 98-223, Sec. 102(a)(4), substituted "$62" for "$60".

Par. (1)(E). Pub. L. 98-543, Sec. 102(5), substituted "$143" for

"$139".

Pub. L. 98-223, Sec. 102(a)(5), substituted "$139" for "$134".

Par. (1)(F). Pub. L. 98-543, Sec. 102(6), substituted "$120" for

"$116".

Pub. L. 98-223, Sec. 102(a)(6), substituted "$116" for "$112".

Par. (2). Pub. L. 98-223, Sec. 102(b), substituted "percent" for

"per centum".

1982 - Par. (1)(A). Pub. L. 97-306, Sec. 102(1), added subpar.

(A) and struck out former subpar. (A) which provided $69 for a

veteran with a spouse but no child living.

Par. (1)(B). Pub. L. 97-306, Secs. 102(1), 107, 108, added

subpar. (B), repealed amendment made by Pub. L. 97-253, Sec.

405(c)(1), eff. Oct. 1, 1982, and struck out former subpar. (B)

which provided $116 for a veteran with a spouse and one child

living.

Pub. L. 97-253, Sec. 405(c)(1), (h), eff. Jan. 1, 1983,

substituted "$115" for "$116".

Par. (1)(C). Pub. L. 97-306, Sec. 102(1), added subpar. (C) and

struck out former subpar. (C) which provided $153 for a veteran

with a spouse and two children living.

Par. (1)(D). Pub. L. 97-306, Secs. 102(1)-(3), 107, 108,

redesignated subpar. (H) as (D), in subpar. (D) as so redesignated,

substituted "$60" for "$56", struck out former subpar. (D) which

provided $192 for a veteran with a spouse and three or more

children living (plus $38 for each living child in excess of

three), and repealed amendment made by Pub. L. 97-253, Sec.

405(c)(2), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(c)(2), (h), eff. Jan. 1, 1983,

substituted "$37" for "$38" after "plus".

Par. (1)(E). Pub. L. 97-306, Sec. 102(1), (2), (4), redesignated

subpar. (I) as (E), substituted "$134" for "$125", and struck out

former subpar. (E) which provided $47 for a veteran with no spouse

but one child living.

Par. (1)(F). Pub. L. 97-306, Sec. 102(1), (2), (5), redesignated

subpar. (J) as (F), substituted "$112" for "$105", and struck out

former subpar. (F) which provided $86 for a veteran with no spouse

but two children living.

Par. (1)(G). Pub. L. 97-306, Secs. 102(1), 107, 108, struck out

subpar. (G) which provided $123 for a veteran with no spouse but

three or more children living (plus $38 for each living child in

excess of three), and repealed amendment made by Pub. L. 97-253,

Sec. 405(c)(3), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(c)(3), (h), eff. Jan. 1, 1983,

substituted "$37" for "$38" after "plus".

Par. (1)(H) to (J). Pub. L. 97-306, Sec. 102(2), redesignated

subpars. (H), (I), and (J) as (D), (E), and (F), respectively.

Par. (2). Pub. L. 97-253, Sec. 404(b), substituted provisions

that the amounts payable under this paragraph, if not a multiple of

$1, be rounded down to the nearest dollar for provisions that such

amounts would be adjusted upward or downward to the nearest dollar,

counting fifty cents and over as a whole dollar.

1981 - Par. (1)(A) to (J). Pub. L. 97-66 increased compensation

figures as follows: in subpar. (A) from $62 to $69, in subpar. (B)

from $104 to $116, in subpar. (C) from $138 to $153, in subpar. (D)

from $173 to $192 and from $34 to $38, in subpar. (E) from $42 to

$47, in subpar. (F) from $77 to $86, in subpar (G) from $111 to

$123 and from $34 to $38, in subpar. (H) from $50 to $56, in

subpar. (I) from $112 to $125, and in subpar. (J) from $94 to $105.

1980 - Par. (1)(A) to (J). Pub. L. 96-385, Sec. 102(1)-(10),

increased additional compensation in subpar. (A) from $54 to $62,

in subpar. (B) from $91 to $104, in subpar. (C) from $121 to $138,

in subpar. (D) from $151 and $30 to $173 and $34, respectively, in

subpar. (E) from $37 to $42, in subpar. (F) from $67 to $77, in

subpar. (G) from $97 and $30 to $111 and $34, respectively, in

subpar. (H) from $44 to $50, in subpar. (I) from $98 to $112, and

in subpar. (J) from $82 to $94.

1979 - Par. (1)(A) to (H). Pub. L. 96-128, Sec. 102(a)(1)-(8),

increased additional compensation in subpar. (A) from $49 to $54,

in subpar. (B) from $83 to $91, in subpar. (C) from $110 to $121,

in subpar. (D) from $137 and $27 to $151 and $30, respectively, in

subpar. (E) from $34 to $37, in subpar. (F) from $61 to $67, in

subpar. (G) from $88 and $27 to $97 and $30, respectively, and in

subpar. (H) from $40 to $44.

Par. (1)(I). Pub. L. 96-128, Sec. 102(a)(9), (b)(1)(A),

substituted "paragraph" for "subsection", "(i)" for "(1)", "(ii)"

for "(2)", "$98" for "$89", and "section" for "subsection".

Par. (1)(J). Pub. L. 96-128, Sec. 102(a)(10), (b)(1)(B),

substituted "paragraph" for "subsection", "$82" for "$75", and

"section" for "subsection".

Par. (2). Pub. L. 96-128, Sec. 102(b)(2), inserted "of this

section" after "(1)".

1978 - Pub. L. 95-479, Sec. 102(b), substituted "30 per centum"

for "50 per centum" in provisions preceding par. (1).

Par. (1). Pub. L. 95-479, Sec. 102(a), substituted $49 for $46 in

subpar. (A), $83 for $77 in subpar. (B), $110 for $98 in subpar.

(C), $137 and $27 for $120 and $22, respectively, in subpar. (D),

$34 for $30 in subpar. (E), $61 for $52 in subpar. (F), $88 and $27

for $77 and $22, respectively, in subpar. (G), $40 for $37 in

subpar. (H), $89 for $83 in subpar. (I), and $75 for $70 in subpar.

(J).

Par. (2). Pub. L. 95-479, Sec. 102(b), substituted "30 per

centum" for "50 per centum".

1977 - Par. (1). Pub. L. 95-117 substituted $46 for $43 in

subpar. (A), $77 for $72 in subpar. (B), $98 for $92 in subpar.

(C), $120 and $22 for $113 and $21, respectively, in subpar. (D),

$30 for $28 in subpar. (E), $52 for $49 in subpar. (F), $77 and $22

for $72 and $21, respectively, in subpar. (G), $37 for $35 in

subpar. (H), $83 for $78 in subpar. (I), and $70 for $66 in subpar.

(J).

1976 - Par. (1). Pub. L. 94-433, Sec. 102, substituted $43 for

$40 in subpar. (A), $72 for $67 in subpar. (B), $92 for $85 in

subpar. (C), $113 and $21 for $105 and $19, respectively, in

subpar. (D), $28 for $26 in subpar. (E), $49 for $45 in subpar.

(F), $72 and $21 for $67 and $19, respectively, in subpar. (G), $35

for $32 in subpar. (H), added subpar. (I), and substituted $66 for

$61 in subpar. (J), formerly (I), but redesignated (J).

Pub. L. 94-433, Secs. 404(9), (10), substituted "spouse" for

"wife" in subpars. (A) through (G) and "parent dependent upon such

veteran" for "mother or father, either or both dependent upon him"

in subpar. (H).

Par. (2). Pub. L. 94-433, Sec. 404(11), struck out "his" before

"disability bears".

1975 - Par. (1). Pub. L. 94-71 substituted $40 for $36 in subpar.

(A), $67 for $61 in subpar. (B), $85 for $77 in subpar. (C), $105

and $19 for $95 and $17, respectively, in subpar. (D), $26 for $24

in subpar. (E), $45 for $41 in subpar. (F), $67 and $19 for $61 and

$17, respectively, in subpar. (G), $32 for $29 in subpar. (H) and

$61 for $55 in subpar. (I).

1974 - Par. (1). Pub. L. 93-295 substituted $36 for $31 in

subpar. (A), $61 for $53 in subpar. (B), $77 for $67 in subpar.

(C), $95 and $17 for $83 and $15, respectively, in subpar. (D), $24

for $21 in subpar. (E), $41 for $36 in subpar. (F), $61 and $17 for

$53 and $15, respectively, in subpar. (G), $29 for $25 in subpar.

(H), and $55 for $48 in subpar. (I).

1972 - Par. (1). Pub. L. 92-328 substituted $31 for $28 in

subpar. (A), $53 for $48 in subpar. (B), $67 for $61 in subpar.

(C), $83 and $15 for $75 and $14, respectively, in subpar. (D), $21

for $19 in subpar. (E), $36 for $33 in subpar. (F), $53 and $15 for

$48 and $14, respectively, in subpar. (G), $25 for $23 in subpar.

(H), and $48 for $44 in subpar. (I).

1970 - Par. (1). Pub. L. 91-376 substituted $28 for $25 in

subpar. (A), $48 for $43 in subpar. (B), $61 for $55 in subpar.

(C), $75 and $14 for $68 and $13, respectively, in subpar. (D), $19

for $17 in subpar. (E), $33 for $30 in subpar. (F), $48 and $14 for

$43 and $13, respectively, in subpar. (G), $23 for $21 in subpar.

(H), and $44 for $40 in subpar. (I).

1965 - Par. (1). Pub. L. 89-311 substituted $25 for $23 in

subpar. (A), $43 for $39 in subpar. (B), $55 for $50 in subpar.

(C), $68 and $13 for $62 and $12 respectively in subpar. (D), $17

for $15 in subpar. (E), $30 for $27 in subpar. (F), $43 and $13 for

$39 and $12 respectively in subpar. (G), and $21 for $19 in subpar.

(H), and added subpar. (I).

Pub. L. 89-137 struck out subsec. (b) which prohibited payment of

the additional compensation to any veteran during any period he is

in receipt of an increased rate of subsistence allowance or

education and training allowance on account of a dependent or

dependents, and redesignated subsec. (a) as entire section.

1960 - Subsec. (a). Pub. L. 86-499 authorized payment of $12 for

each living child in excess of three.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7

of Pub. L. 107-94, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section

7 of Pub. L. 106-118, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7

of Pub. L. 105-98, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-140 effective Dec. 1, 1993, see section

7 of Pub. L. 103-140, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1991 AMENDMENTS

Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section

7 of Pub. L. 102-152, set out as a note under section 1114 of this

title.

Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7

of Pub. L. 102-3, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-237 effective Dec. 1, 1989, see section

106 of Pub. L. 101-237, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section

1106 of Pub. L. 100-687, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section

107 of Pub. L. 100-227, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not

effective unless benefit amounts payable under section 401 et seq.

of Title 42, The Public Health and Welfare, are increased effective

Dec. 1, 1986, as a result of a determination under section 415(i)

of Title 42, see section 107 of Pub. L. 99-576, set out as a note

under section 1114 of this title.

Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section

107 of Pub. L. 99-238, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section

107 of Pub. L. 98-543, set out as a note under section 1114 of this

title.

Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section

107 of Pub. L. 98-223, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENTS

Amendments by section 102 of Pub. L. 97-306 effective Oct. 1,

1982, see section 108 of Pub. L. 97-306, set out as a note under

section 1114 of this title.

Amendment by section 404(b) of Pub. L. 97-253 effective Oct. 1,

1982, see section 404(c) of Pub. L. 97-253, set out as a note under

section 1114 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section

701(a) of Pub. L. 97-66, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-385 applicable only to payments for

months beginning after Sept. 30, 1980, see section 601(a) of Pub.

L. 96-385, set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section

601(a)(1) of Pub. L. 96-128, set out as a note under section 1114

of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section

401(a) of Pub. L. 95-479, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section

501 of Pub. L. 95-117, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section

301 of Pub. L. 94-71, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-295 effective May 1, 1974, see section

401 of Pub. L. 93-295, set out as a note under section 1114 of this

title.

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 1970 AMENDMENT

Amendment by Pub. L. 91-376 effective July 1, 1970, see section 9

of Pub. L. 91-376, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1965 AMENDMENTS

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.

Section 2 of Pub. L. 89-137 provided that: "The foregoing

provisions of this Act [amending this section and former section

1504 of this title] shall become effective on the first day of the

second calendar month which begins following the date of enactment

of this Act [Aug. 26, 1965]."

EFFECTIVE DATE OF 1960 AMENDMENT

Section 2 of Pub. L. 86-499 provided that: "The amendments made

by this Act [amending this section] shall take effect on the first

day of the second calendar month which begins after the date of

enactment of this Act [June 8, 1960]."

REPEAL

Section 405(c) of Pub. L. 97-253, cited as a credit to this

section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14,

1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.

SAVINGS PROVISION

Section 1(c) of Pub. L. 89-137 provided that: "Any

veteran-trainee receiving subsistence allowance on the date of the

enactment of this Act [Aug. 26, 1965] while pursuing a course of

vocational rehabilitation authorized by chapter 31 of title 38,

United States Code [former section 1501 et seq. of this title],

shall not have such allowance reduced by reason of the amendments

contained in such Act [amending this section and former section

1504 of this title]."

DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION

RATE INCREASES

For increases in rates and limitations on Department of Veterans

Affairs disability compensation and dependency and indemnity

compensation, see notes set out under section 1114 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1135 of this title.

-End-

-CITE-

38 USC Sec. 1116 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

Sec. 1116. Presumptions of service connection for diseases

associated with exposure to certain herbicide agents; presumption

of exposure for veterans who served in the Republic of Vietnam

-STATUTE-

(a)(1) For the purposes of section 1110 of this title, and

subject to section 1113 of this title -

(A) a disease specified in paragraph (2) of this subsection

becoming manifest as specified in that paragraph in a veteran

who, during active military, naval, or air service, served in the

Republic of Vietnam during the period beginning on January 9,

1962, and ending on May 7, 1975; and

(B) each additional disease (if any) that (i) the Secretary

determines in regulations prescribed under this section warrants

a presumption of service-connection by reason of having positive

association with exposure to an herbicide agent, and (ii) becomes

manifest within the period (if any) prescribed in such

regulations in a veteran who, during active military, naval, or

air service, served in the Republic of Vietnam during the period

beginning on January 9, 1962, and ending on May 7, 1975, and

while so serving was exposed to that herbicide agent,

shall be considered to have been incurred in or aggravated by such

service, notwithstanding that there is no record of evidence of

such disease during the period of such service.

(2) The diseases referred to in paragraph (1)(A) of this

subsection are the following:

(A) Non-Hodgkin's lymphoma becoming manifest to a degree of

disability of 10 percent or more.

(B) Each soft-tissue sarcoma becoming manifest to a degree of

disability of 10 percent or more other than osteosarcoma,

chondrosarcoma, Kaposi's sarcoma, or mesothelioma.

(C) Chloracne or another acneform disease consistent with

chloracne becoming manifest to a degree of disability of 10

percent or more within one year after the last date on which the

veteran performed active military, naval, or air service in the

Republic of Vietnam during the period beginning on January 9,

1962, and ending on May 7, 1975.

(D) Hodgkin's disease becoming manifest to a degree of

disability of 10 percent or more.

(E) Porphyria cutanea tarda becoming manifest to a degree of

disability of 10 percent or more within a year after the last

date on which the veteran performed active military, naval, or

air service in the Republic of Vietnam during the period

beginning on January 9, 1962, and ending on May 7, 1975.

(F) Respiratory cancers (cancer of the lung, bronchus, larynx,

or trachea) becoming manifest to a degree of disability of 10

percent or more.

(G) Multiple myeloma becoming manifest to a degree of

disability of 10 percent or more.

(H) Diabetes Mellitus (Type 2).

(3) For purposes of this section, the term "herbicide agent"

means a chemical in an herbicide used in support of the United

States and allied military operations in the Republic of Vietnam

during the period beginning on January 9, 1962, and ending on May

7, 1975.

(b)(1) Whenever the Secretary determines, on the basis of sound

medical and scientific evidence, that a positive association exists

between (A) the exposure of humans to an herbicide agent, and (B)

the occurrence of a disease in humans, the Secretary shall

prescribe regulations providing that a presumption of service

connection is warranted for that disease for the purposes of this

section.

(2) In making determinations for the purpose of this subsection,

the Secretary shall take into account (A) reports received by the

Secretary from the National Academy of Sciences under section 3 of

the Agent Orange Act of 1991, and (B) all other sound medical and

scientific information and analyses available to the Secretary. In

evaluating any study for the purpose of making such determinations,

the Secretary shall take into consideration whether the results are

statistically significant, are capable of replication, and

withstand peer review.

(3) An association between the occurrence of a disease in humans

and exposure to an herbicide agent shall be considered to be

positive for the purposes of this section if the credible evidence

for the association is equal to or outweighs the credible evidence

against the association.

(c)(1)(A) Not later than 60 days after the date on which the

Secretary receives a report from the National Academy of Sciences

under section 3 of the Agent Orange Act of 1991, the Secretary

shall determine whether a presumption of service connection is

warranted for each disease covered by the report. If the Secretary

determines that such a presumption is warranted, the Secretary, not

later than 60 days after making the determination, shall issue

proposed regulations setting forth the Secretary's determination.

(B) If the Secretary determines that a presumption of service

connection is not warranted, the Secretary, not later than 60 days

after making the determination, shall publish in the Federal

Register a notice of that determination. The notice shall include

an explanation of the scientific basis for that determination. If

the disease already is included in regulations providing for a

presumption of service connection, the Secretary, not later than 60

days after publication of the notice of a determination that the

presumption is not warranted, shall issue proposed regulations

removing the presumption for the disease.

(2) Not later than 90 days after the date on which the Secretary

issues any proposed regulations under this subsection, the

Secretary shall issue final regulations. Such regulations shall be

effective on the date of issuance.

(d) Whenever a disease is removed from regulations prescribed

under this section -

(1) a veteran who was awarded compensation for such disease on

the basis of the presumption provided in subsection (a) before

the effective date of the removal shall continue to be entitled

to receive compensation on that basis; and

(2) a survivor of a veteran who was awarded dependency and

indemnity compensation for the death of a veteran resulting from

such disease on the basis of such presumption shall continue to

be entitled to receive dependency and indemnity compensation on

such basis.

(e) Subsections (b) through (d) shall cease to be effective on

September 30, 2015.

(f) For purposes of establishing service connection for a

disability or death resulting from exposure to a herbicide agent,

including a presumption of service-connection under this section, a

veteran who, during active military, naval, or air service, served

in the Republic of Vietnam during the period beginning on January

9, 1962, and ending on May 7, 1975, shall be presumed to have been

exposed during such service to an herbicide agent containing dioxin

or 2,4-dichlorophenoxyacetic acid, and may be presumed to have been

exposed during such service to any other chemical compound in an

herbicide agent, unless there is affirmative evidence to establish

that the veteran was not exposed to any such agent during that

service.

-SOURCE-

(Added Pub. L. 102-4, Sec. 2(a)(1), Feb. 6, 1991, 105 Stat. 11,

Sec. 316; renumbered Sec. 1116 and amended Pub. L. 102-83, Sec.

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446, title

V, Sec. 505, title XII, Sec. 1201(e)(6), Nov. 2, 1994, 108 Stat.

4664, 4685; Pub. L. 104-275, title V, Sec. 505(b), Oct. 9, 1996,

110 Stat. 3342; Pub. L. 106-419, title IV, Sec. 404(a)(1), Nov. 1,

2000, 114 Stat. 1864; Pub. L. 107-103, title II, Sec. 201(a)(1)(A),

(b)-(c)(2)(A), (d)(1), Dec. 27, 2001, 115 Stat. 987, 988.)

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Agent Orange Act of 1991, referred to in

subsecs. (b)(2) and (c)(1)(A), is section 3 of Pub. L. 102-4, which

is set out below.

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-103, Sec. 201(c)(2)(A), amended section

catchline generally. Prior to amendment, catchline read as follows:

"Presumptions of service connection for diseases associated with

exposure to certain herbicide agents".

Subsec. (a)(2)(F). Pub. L. 107-103, Sec. 201(a)(1)(A), struck out

"within 30 years after the last date on which the veteran performed

active military, naval, or air service in the Republic of Vietnam

during the period beginning on January 9, 1962, and ending on May

7, 1975" before period at end.

Subsec. (a)(2)(H). Pub. L. 107-103, Sec. 201(b), added subpar.

(H).

Subsec. (a)(3), (4). Pub. L. 107-103, Sec. 201(c)(1)(B),

redesignated par. (4) as (3). Former par. (3) redesignated as

subsec. (f).

Subsec. (e). Pub. L. 107-103, Sec. 201(d)(1), substituted "on

September 30, 2015" for "10 years after the first day of the fiscal

year in which the National Academy of Sciences transmits to the

Secretary the first report under section 3 of the Agent Orange Act

of 1991".

Subsec. (f). Pub. L. 107-103, Sec. 201(c)(1)(A), (C),

redesignated subsec. (a)(3) as (f), substituted "For purposes of

establishing service connection for a disability or death resulting

from exposure to a herbicide agent, including a presumption of

service-connection under this section, a veteran" for "For the

purposes of this subsection, a veteran", and struck out "and has a

disease referred to in paragraph (1)(B) of this subsection" after

"May 7, 1975,".

2000 - Subsec. (a)(2)(F). Pub. L. 106-419 inserted "of

disability" after "to a degree".

1996 - Subsec. (a)(1)(A). Pub. L. 104-275, Sec. 505(b)(2),

substituted "during the period beginning on January 9, 1962, and

ending on May 7, 1975" for "during the Vietnam era".

Subsec. (a)(1)(B). Pub. L. 104-275, Sec. 505(b)(1), substituted

"during the period beginning on January 9, 1962, and ending on May

7, 1975," for "during the Vietnam era".

Subsec. (a)(2)(C), (E), (F). Pub. L. 104-275, Sec. 505(b)(2),

substituted "during the period beginning on January 9, 1962, and

ending on May 7, 1975" for "during the Vietnam era".

Subsec. (a)(3). Pub. L. 104-275, Sec. 505(b)(1), substituted

"during the period beginning on January 9, 1962, and ending on May

7, 1975," for "during the Vietnam era".

Subsec. (a)(4). Pub. L. 104-275, Sec. 505(b)(2), substituted

"during the period beginning on January 9, 1962, and ending on May

7, 1975" for "during the Vietnam era".

1994 - Subsec. (a)(1)(B). Pub. L. 103-446, Sec. 1201(e)(6),

substituted "(i)" for "(1)" and "(ii)" for "(2)".

Subsec. (a)(2)(D) to (G). Pub. L. 103-446, Sec. 505, added

subpars. (D) to (G).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 316 of this

title as this section.

Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "1110"

for "310" and "1113" for "313" in introductory provisions.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title II, Sec. 201(a)(1)(B), Dec. 27, 2001, 115

Stat. 987, provided that: "The amendment made by subparagraph (A)

[amending this section] shall take effect January 1, 2002."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-275 effective Jan. 1, 1997, with no

benefit to be paid or provided by reason of such amendment for any

period before such date, see section 505(d) of Pub. L. 104-275, set

out as a note under section 101 of this title.

REPORT ON TIME LIMIT FOR PRESUMPTION OF CANCER CAUSED BY HERBICIDE

AGENT

Pub. L. 107-103, title II, Sec. 201(a)(2)-(4), Dec. 27, 2001, 115

Stat. 987, provided that:

"(2) The Secretary of Veterans Affairs shall enter into a

contract with the National Academy of Sciences, not later than six

months after the date of the enactment of this Act [Dec. 27, 2001],

for the performance of a study to include a review of all available

scientific literature on the effects of exposure to an herbicide

agent containing dioxin on the development of respiratory cancers

in humans and whether it is possible to identify a period of time

after exposure to herbicides after which a presumption of

service-connection for such exposure would not be warranted. Under

the contract, the National Academy of Sciences shall submit a

report to the Secretary setting forth its conclusions. The report

shall be submitted not later than 18 months after the contract is

entered into.

"(3) For a period of six months beginning on the date of the

receipt of the report of the National Academy of Sciences under

paragraph (2), the Secretary may, if warranted by clear scientific

evidence presented in the National Academy of Sciences report,

initiate a rulemaking under which the Secretary would specify a

limit on the number of years after a claimant's departure from

Vietnam after which respiratory cancers would not be presumed to

have been associated with the claimant's exposure to herbicides

while serving in Vietnam. Any such limit under such a rule may not

take effect until 120 days have passed after the publication of a

final rule to impose such a limit.

"(4)(A) Subject to subparagraphs (B) and (C), if the Secretary

imposes such a limit under paragraph (3), that limit shall be

effective only as to claims filed on or after the effective date of

that limit.

"(B) In the case of any veteran whose disability or death due to

respiratory cancer is found by the Secretary to be

service-connected under section 1116(a)(2)(F) of title 38, United

States Code, as amended by paragraph (1), such disability or death

shall remain service-connected for purposes of all provisions of

law under such title notwithstanding the imposition, if any, of a

time limit by the Secretary by rulemaking authorized under

paragraph (3).

"(C) Subaragraph [sic] (B) does not apply in a case in which -

"(i) the original award of compensation or service connection

was based on fraud; or

"(ii) it is clearly shown from military records that the person

concerned did not have the requisite service or character of

discharge."

AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES

Section 3 of Pub. L. 102-4, as amended by Pub. L. 102-83, Sec.

5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-86, title V, Sec.

503(a), (b)(1), Aug. 14, 1991, 105 Stat. 424, 425; Pub. L. 107-103,

title II, Sec. 201(d)(2), Dec. 27, 2001, 115 Stat. 988, provided

that:

"(a) Purpose. - The purpose of this section is to provide for the

National Academy of Sciences, an independent nonprofit scientific

organization with appropriate expertise which is not part of the

Federal Government, to review and evaluate the available scientific

evidence regarding associations between diseases and exposure to

dioxin and other chemical compounds in herbicides.

"(b) Agreement. - The Secretary shall seek to enter into an

agreement with the National Academy of Sciences for the Academy to

perform the services covered by this section. The Secretary shall

seek to enter into such agreement not later than two months after

the date of the enactment of the Veterans' Benefits Programs

Improvement Act of 1991 [Aug. 14, 1991].

"(c) Review of Scientific Evidence. - Under an agreement between

the Secretary and the National Academy of Sciences under this

section, the Academy shall review and summarize the scientific

evidence, and assess the strength thereof, concerning the

association between exposure to an herbicide used in support of the

United States and allied military operations in the Republic of

Vietnam during the Vietnam era and each disease suspected to be

associated with such exposure.

"(d) Scientific Determinations Concerning Diseases. - (1) For

each disease reviewed, the Academy shall determine (to the extent

that available scientific data permit meaningful determinations) -

"(A) whether a statistical association with herbicide exposure

exists, taking into account the strength of the scientific

evidence and the appropriateness of the statistical and

epidemiological methods used to detect the association;

"(B) the increased risk of the disease among those exposed to

herbicides during service in the Republic of Vietnam during the

Vietnam era; and

"(C) whether there exists a plausible biological mechanism or

other evidence of a causal relationship between herbicide

exposure and the disease.

"(2) The Academy shall include in its reports under subsection

(g) a full discussion of the scientific evidence and reasoning that

led to its conclusions under this subsection.

"(e) Recommendations for Additional Scientific Studies. - The

Academy shall make any recommendations it has for additional

scientific studies to resolve areas of continuing scientific

uncertainty relating to herbicide exposure. In making

recommendations for further study, the Academy shall consider the

scientific information that is currently available, the value and

relevance of the information that could result from additional

studies, and the cost and feasibility of carrying out such

additional studies.

"(f) Subsequent Reviews. - An agreement under subsection (b)

shall require the National Academy of Sciences -

"(1) to conduct as comprehensive a review as is practicable of

the evidence referred to in subsection (c) that became available

since the last review of such evidence under this section; and

"(2) to make its determinations and estimates on the basis of

the results of such review and all other reviews conducted for

the purposes of this section.

"(g) Reports. - (1) The agreement between the Secretary and the

National Academy of Sciences shall require the Academy to transmit

to the Secretary and the Committees on Veterans' Affairs of the

Senate and House of Representatives periodic written reports

regarding the Academy's activities under the agreement. Such

reports shall be submitted at least once every two years (as

measured from the date of the first report).

"(2) The first report under this subsection shall be transmitted

not later than the end of the 18-month period beginning on the date

of the enactment of this Act [Feb. 6, 1991]. That report shall

include (A) the determinations and discussion referred to in

subsection (d), (B) any recommendations of the Academy under

subsection (e), and (C) the recommendation of the Academy as to

whether the provisions of each of sections 6 through 9 [set out

below] should be implemented by the Secretary. In making its

recommendation with respect to each such section, the Academy shall

consider the scientific information that is currently available,

the value and relevance of the information that could result from

implementing that section, and the cost and feasibility of

implementing that section. If the Academy recommends that the

provisions of section 6 should be implemented, the Academy shall

also recommend the means by which clinical data referred to in that

section could be maintained in the most scientifically useful way.

"(h) Limitation on Authority. - The authority to enter into

agreements under this section shall be effective for a fiscal year

to the extent that appropriations are available.

"(i) Sunset. - This section shall cease to be effective on

October 1, 2014.

"(j) Alternative Contract Scientific Organization. - If the

Secretary is unable within the time period prescribed in subsection

(b) to enter into an agreement with the National Academy of

Sciences for the purposes of this section on terms acceptable to

the Secretary, the Secretary shall seek to enter into an agreement

for the purposes of this section with another appropriate

scientific organization that is not part of the Government and

operates as a not-for-profit entity and that has expertise and

objectivity comparable to that of the National Academy of Sciences.

If the Secretary enters into such an agreement with another

organization, then any reference in this section and in section

1116 [formerly 316] of title 38, United States Code (as added by

section 2), to the National Academy of Sciences shall be treated as

a reference to the other organization.

"(k) Liability Insurance. - (1) The Secretary may provide

liability insurance for the National Academy of Sciences or any

other contract scientific organization to cover any claim for money

damages for injury, loss of property, personal injury, or death

caused by any negligent or wrongful act or omission of any person

referred to in paragraph (2) in carrying out any of the following

responsibilities of the Academy or such other organization, as the

case may be, under an agreement entered into with the Secretary

pursuant to this section:

"(A) The review, summarization, and assessment of scientific

evidence referred to in subsection (c).

"(B) The making of any determination, on the basis of such

review and assessment, regarding the matters set out in clauses

(A) through (C) of subsection (d)(1), and the preparation of the

discussion referred to in subsection (d)(2).

"(C) The making of any recommendation for additional scientific

study under subsection (e).

"(D) The conduct of any subsequent review referred to in

subsection (f) and the making of any determination or estimate

referred to in such subsection.

"(E) The preparation of the reports referred to in subsection

(g).

"(2) A person referred to in paragraph (1) is -

"(A) an employee of the National Academy of Sciences or other

contract scientific organization referred to in paragraph (1); or

"(B) any individual appointed by the President of the Academy

or the head of such other contract scientific organization, as

the case may be, to carry out any of the responsibilities

referred to in such paragraph.

"(3) The cost of the liability insurance referred to in paragraph

(1) shall be made from funds available to carry out this section.

"(4) The Secretary shall reimburse the Academy or person referred

to in paragraph (2) for the cost of any judgments (if any) and

reasonable attorney's fees and incidental expenses, not compensated

by the liability insurance referred to in paragraph (1) or by any

other insurance maintained by the Academy, incurred by the Academy

or person referred to in paragraph (2), in connection with any

legal or administrative proceedings arising out of or in connection

with the work to be performed under the agreement referred to in

paragraph (1). Reimbursement of the cost of such judgments,

attorney's fees, and incidental expenses shall be paid from funds

appropriated for such reimbursement or appropriated to carry out

this section, but in no event shall any such reimbursement be made

from funds authorized pursuant to section 1304 of title 31, United

States Code."

RESULTS OF EXAMINATIONS AND TREATMENT OF VETERANS FOR DISABILITIES

RELATED TO EXPOSURE TO CERTAIN HERBICIDES OR TO SERVICE IN VIETNAM

Section 6 of Pub. L. 102-4, as amended by Pub. L. 102-83, Sec.

5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:

"(a) In General. - Subject to subsections (d) and (e), the

Secretary of Veterans Affairs shall compile and analyze, on a

continuing basis, all clinical data that (1) is obtained by the

Department of Veterans Affairs in connection with examinations and

treatment furnished to veterans by the Department after November 3,

1981, by reason of eligibility provided in section 1710(e)(1)(A) of

title 38, United States Code, and (2) is likely to be

scientifically useful in determining the association, if any,

between the disabilities of veterans referred to in such section

and exposure to dioxin or any other toxic substance referred to in

such section or between such disabilities and active military,

naval, or air service in the Republic of Vietnam during the Vietnam

era.

"(b) Annual Report. - The Secretary shall submit to the

Committees on Veterans' Affairs of the Senate and the House of

Representatives an annual report containing -

"(1) the information compiled in accordance with subsection

(a);

"(2) the Secretary's analysis of such information;

"(3) a discussion of the types and incidences of disabilities

identified by the Department of Veterans Affairs in the case of

veterans referred to in subsection (a);

"(4) the Secretary's explanation for the incidence of such

disabilities;

"(5) other explanations for the incidence of such disabilities

considered reasonable by the Secretary; and

"(6) the Secretary's views on the scientific validity of

drawing conclusions from the incidence of such disabilities, as

evidenced by the data compiled under subsection (a), about any

association between such disabilities and exposure to dioxin or

any other toxic substance referred to in section 1710(e)(1)(A) of

title 38, United States Code, or between such disabilities and

active military, naval, or air service, in the Republic of

Vietnam during the Vietnam era.

"(c) First Report. - The first report under subsection (b) shall

be submitted not later than one year after the effective date of

this section [see subsec. (e) of this section].

"(d) Funding. - The authority of the Secretary to carry out this

section is effective in any fiscal year only to the extent or in

the amount specifically provided in statutory language in

appropriations Acts.

"(e) Effective Date. - (1) This section shall take effect at the

end of the 90-day period beginning on the date on which the first

report of the National Academy of Sciences under section 3(g) [set

out above] is received by the Secretary, except that this section

shall not take effect if the Secretary, after receiving that report

and before the end of that 90-day period -

"(A) determines that it is not feasible or cost-effective to

carry out this section or that carrying out this section would

not make a material contribution to the body of scientific

knowledge concerning the health effects in humans of herbicide

exposure; and

"(B) notifies the Committees on Veterans' Affairs of the Senate

and House of Representatives of the Secretary's determination and

the reasons therefor.

"(2) In making a determination under this subsection, the

Secretary shall give great weight to the views and recommendations

of the Academy expressed in that report with respect to the

implementation of this section."

TISSUE ARCHIVING SYSTEM

Section 7 of Pub. L. 102-4 provided that:

"(a) Establishment of System. - Subject to subsections (e) and

(f), for the purpose of facilitating future scientific research on

the effects of exposure of veterans to dioxin and other toxic

agents in herbicides used in support of United States and allied

military operations in the Republic of Vietnam during the Vietnam

era, the Secretary of Veterans Affairs shall establish and maintain

a system for the collection and storage of voluntarily contributed

samples of blood and tissue of veterans who performed active

military, naval, or air service in the Republic of Vietnam during

the Vietnam era.

"(b) Security of Specimens. - The Secretary shall ensure that the

tissue is collected and stored under physically secure conditions

and that the tissue is maintained in a condition that is useful for

research referred to in subsection (a).

"(c) Authorized Use of Specimens. - The Secretary may make blood

and tissue available from the system for research referred to in

subsection (a). The Secretary shall carry out this section in a

manner consistent with the privacy rights and interests of the

blood and tissue donors.

"(d) Limitations on Acceptance of Samples. - The Secretary may

prescribe such limitations on the acceptance and storage of blood

and tissue samples as the Secretary considers appropriate

consistent with the purpose specified in subsection (a).

"(e) Funding. - The authority of the Secretary to carry out this

section is effective in any fiscal year only to the extent or in

the amount specifically provided in statutory language in

appropriations Acts.

"(f) Effective Date. - (1) This section shall take effect at the

end of the 90-day period beginning on the date on which the first

report of the National Academy of Sciences under section 3(g) [set

out above] is received by the Secretary, except that this section

shall not take effect if the Secretary, after receiving that report

and before the end of that 90-day period -

"(A) determines that it is not feasible or cost-effective to

carry out this section or that carrying out this section would

not make a material contribution to the body of scientific

knowledge concerning the health effects in humans of herbicide

exposure; and

"(B) notifies the Committees on Veterans' Affairs of the Senate

and House of Representatives of the Secretary's determination and

the reasons therefor.

"(2) In making a determination under this subsection, the

Secretary shall give great weight to the views and recommendations

of the Academy expressed in that report with respect to the

implementation of this section."

SCIENTIFIC RESEARCH FEASIBILITY STUDIES PROGRAM

Section 8 of Pub. L. 102-4 provided that:

"(a) Establishment of Program. - Subject to subsections (e) and

(f), the Secretary of Veterans Affairs shall establish a program to

provide for the conduct of studies of the feasibility of conducting

additional scientific research on -

"(1) health hazards resulting from exposure to dioxin;

"(2) health hazards resulting from exposure to other toxic

agents in herbicides used in support of United States and allied

military operations in the Republic of Vietnam during the Vietnam

era; and

"(3) health hazards resulting from active military, naval, or

air service in the Republic of Vietnam during the Vietnam era.

"(b) Program Requirements. - (1) Under the program established

pursuant to subsection (a), the Secretary shall, pursuant to

criteria prescribed pursuant to paragraph (2), award contracts or

furnish financial assistance to non-Government entities for the

conduct of studies referred to in subsection (a).

"(2) The Secretary shall prescribe criteria for (A) the selection

of entities to be awarded contracts or to receive financial

assistance under the program, and (B) the approval of studies to be

conducted under such contracts or with such financial assistance.

"(c) Report. - The Secretary shall promptly report the results of

studies conducted under the program to the Committees on Veterans'

Affairs of the Senate and the House of Representatives.

"(d) Consultation With the National Academy of Sciences. - (1) To

the extent provided under any agreement entered into by the

Secretary and the National Academy of Sciences under this Act [Pub.

L. 102-4, see Short Title of 1991 Amendments note under section 101

of this title] -

"(A) the Secretary shall consult with the Academy regarding the

establishment and administration of the program under subsection

(a); and

"(B) the Academy shall review the studies conducted under

contracts awarded pursuant to the program and the studies

conducted with financial assistance furnished pursuant to the

program.

"(2) The agreement shall require the Academy to submit to the

Secretary and the Committees on Veterans' Affairs of the Senate and

the House of Representatives any recommendations that the Academy

considers appropriate regarding any studies reviewed under the

agreement.

"(e) Funding. - The authority of the Secretary to carry out this

section is effective in any fiscal year only to the extent or in

the amount specifically provided in statutory language in

appropriations Acts.

"(f) Effective Date. - (1) This section shall take effect at the

end of the 90-day period beginning on the date on which the first

report of the National Academy of Sciences under section 3(g) [set

out above] is received by the Secretary, except that this section

shall not take effect if the Secretary, after receiving that report

and before the end of that 90-day period -

"(A) determines that it is not feasible or cost-effective to

carry out this section or that carrying out this section would

not make a material contribution to the body of scientific

knowledge concerning the health effects in humans of herbicide

exposure; and

"(B) notifies the Committees on Veterans' Affairs of the Senate

and House of Representatives of the Secretary's determination and

the reasons therefor.

"(2) In making a determination under this subsection, the

Secretary shall give great weight to the views and recommendations

of the Academy expressed in that report with respect to the

implementation of this section."

BLOOD TESTING OF CERTAIN VIETNAM-ERA VETERANS

Section 9 of Pub. L. 102-4, as amended by Pub. L. 102-83, Sec.

5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:

"(a) Blood Testing. - Subject to subsections (d) and (e), in the

case of a veteran described in section 1710(e)(1)(A) of title 38,

United States Code, who -

"(1) has applied for medical care from the Department of

Veterans Affairs; or

"(2) has filed a claim for, or is in receipt of disability

compensation under chapter 11 of title 38, United States Code,

the Secretary of Veterans Affairs shall, upon the veteran's

request, obtain a sufficient amount of blood serum from the veteran

to enable the Secretary to conduct a test of the serum to ascertain

the level of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) which may

be present in the veteran's body.

"(b) Notification of Test Results. - Upon completion of such

test, the Secretary shall notify the veteran of the test results

and provide the veteran a complete explanation as to what, if

anything, the results of the test indicate regarding the likelihood

of the veteran's exposure to TCDD while serving in the Republic of

Vietnam.

"(c) Incorporation in System. - The Secretary shall maintain the

veteran's blood sample and the results of the test as part of the

system required by section 7 [set out above].

"(d) Funding. - The authority of the Secretary to carry out this

section is effective in any fiscal year only to the extent or in

the amount specifically provided in statutory language in

appropriations Acts, but such amount shall not exceed $4,000,000 in

any fiscal year.

"(e) Effective Date. - (1) This section shall take effect at the

end of the 90-day period beginning on the date on which the first

report of the National Academy of Sciences under section 3(g) [set

out above] is received by the Secretary, except that this section

shall not take effect if the Secretary, after receiving that report

and before the end of that 90-day period -

"(A) determines that it is not feasible or cost-effective to

carry out this section or that carrying out this section would

not make a material contribution to the body of scientific

knowledge concerning the health effects in humans of herbicide

exposure; and

"(B) notifies the Committees on Veterans' Affairs of the Senate

and House of Representatives of the Secretary's determination and

the reasons therefor.

"(2) In making a determination under this subsection, the

Secretary shall give great weight to the views and recommendations

of the Academy expressed in that report with respect to the

implementation of this section."

STUDY OF EFFECT OF VIETNAM EXPERIENCE ON HEALTH STATUS OF WOMEN

VIETNAM VETERANS

Pub. L. 99-272, title XIX, Sec. 19031, Apr. 7, 1986, 100 Stat.

385, provided that:

"(a) Requirement for Epidemiological Study. - (1)(A) Except as

provided in paragraph (2), the Administrator of Veterans' Affairs

shall provide for the conduct of an epidemiological study of any

long-term adverse health effects (particularly gender-specific

health effects) which have been experienced by women who served in

the Armed Forces of the United States in the Republic of Vietnam

during the Vietnam era and which may have resulted from traumatic

experiences during such service, from exposure during such service

to phenoxy herbicides (including the herbicide known as Agent

Orange), to other herbicides, chemicals, or medications that may

have deleterious health effects, or to environmental hazards, or

from any other experience or exposure during such service.

"(B) The Administrator may include in the study conducted under

this paragraph an evaluation of the means of detecting and treating

long-term adverse health effects (particularly gender-specific

health effects) found through the study.

"(2)(A) If the Administrator, in consultation with the Director

of the Office of Technology Assessment, determines that it is not

feasible to conduct a scientifically valid study of an aspect of

the matters described in paragraph (1) -

"(i) the Administrator shall promptly submit to the appropriate

committees of the Congress a notice of that determination and the

reasons for the determination; and

"(ii) the Director, not later than 60 days after the date on

which such notice is submitted to the committees, shall submit to

such committees a report evaluating and commenting on such

determination.

"(B) The Administrator is not required to study any aspect of the

matters described in paragraph (1) with respect to which a

determination is made and a notice is submitted pursuant to

subparagraph (A)(i).

"(C) If the Administrator submits to the Congress notice of a

determination made pursuant to subparagraph (A) that it is not

scientifically feasible to conduct the study described in paragraph

(1)(A), this section (effective as of the date of such notice)

shall cease to have effect as if repealed by law.

"(3) The Administrator shall provide for the study to be

conducted through contracts or other agreements with private or

public agencies or persons.

"(b) Approval of Protocol. - (1) The study required by subsection

(a) shall be conducted in accordance with a protocol approved by

the Director of the Office of Technology Assessment.

"(2) Not later than July 1, 1986, the Administrator shall publish

a request for proposals for the design of the protocol to be used

in conducting the study under this section.

"(3) In considering any proposed protocol for use or approval

under this subsection, the Administrator and the Director shall

take into consideration -

"(A) the protocol approved under section 307(a)(2)(A)(i) of the

Veterans Health Programs Extension and Improvement Act of 1979

(Public Law 96-151; 38 U.S.C. 219 note [1116 note]); and

"(B) the experience under the study being conducted pursuant to

that protocol.

"(c) OTA Reports. - (1) Concurrent with the approval or

disapproval of any protocol under subsection (b)(1), the Director

shall submit to the appropriate committees of the Congress a report

-

"(A) explaining the reasons for the Director's approval or

disapproval of the protocol, as the case may be; and

"(B) containing the Director's conclusions regarding the

scientific validity and objectivity of the protocol.

"(2) If the Director has not approved a protocol under subsection

(b)(1) by the last day of the 180-day period beginning on the date

of the enactment of this Act [Apr. 7, 1986], the Director -

"(A) shall, on such day, submit to the appropriate committees

of the Congress a report describing the reasons why the Director

has not approved such a protocol; and

"(B) shall, each 60 days thereafter until such a protocol is

approved, submit to such committees an updated report on the

report required by clause (A).

"(d) OTA Monitoring of Compliance. - (1) In order to ensure

compliance with the protocol approved under subsection (b)(1), the

Director shall monitor the conduct of the study under subsection

(a).

"(2)(A) The Director shall submit to the appropriate committees

of the Congress, at each of the times specified in subparagraph

(B), a report on the Director's monitoring of the conduct of the

study pursuant to paragraph (1).

"(B) A report shall be submitted under subparagraph (A) -

"(i) before the end of the 6-month period beginning on the date

on which the Director approves the protocol referred to in

paragraph (1);

"(ii) before the end of the 12-month period beginning on such

date; and

"(iii) annually thereafter until the study is completed or

terminated.

"(e) Duration of Study. - The study conducted pursuant to

subsection (a) shall be continued for as long after the date on

which the first report is submitted under subsection (f)(1) as the

Administrator determines that there is a reasonable possibility of

developing, through such study, significant new information on the

health effects described in subsection (a)(1).

"(f) Reports. - (1) Not later than 24 months after the date of

the approval of the protocol pursuant to subsection (b)(1) and

annually thereafter, the Administrator shall submit to the

appropriate committees of the Congress a report containing -

"(A) a description of the results obtained, before the date of

such report, under the study conducted pursuant to subsection

(a); and

"(B) any administrative actions or recommended legislation, or

both, and any additional comments which the Administrator

considers appropriate in light of such results.

"(2) Not later than 90 days after the date on which each report

required by paragraph (1) is submitted, the Administrator shall

publish in the Federal Register, for public review and comment, a

description of any action that the Administrator plans or proposes

to take with respect to programs administered by the Veterans'

Administration based on -

"(A) the results described in such report;

"(B) the comments and recommendations received on that report;

and

"(C) any other available pertinent information.

Each such description shall include a justification or rationale

for the planned or proposed action.

"(g) Definitions. - For the purposes of this section:

"(1) The term 'gender-specific health effects' includes -

"(A) effects on female reproductive capacity and reproductive

organs;

"(B) effects on reproductive outcomes;

"(C) effects on female-specific organs and tissues; and

"(D) other effects unique to the physiology of females.

"(2) The term 'Vietnam era' has the meaning given such term in

section 101(29) of title 38, United States Code."

AGENT ORANGE STUDY; REPORT TO CONGRESSIONAL COMMITTEES

Pub. L. 96-151, title III, Sec. 307, Dec. 20, 1979, 93 Stat.

1097, as amended by Pub. L. 97-72, title IV, Sec. 401, Nov. 3,

1981, 95 Stat. 1061; Pub. L. 98-542, Sec. 8(a), Oct. 24, 1984, 98

Stat. 2731, directed that a protocol be designed for an

epidemiological study of the long-term health effects of Agent

Orange on Armed Forces personnel who served in Vietnam, and that

reports be submitted to Congress describing results with comments

and recommendations.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1103, 1113 of this title.

-End-

-CITE-

38 USC Sec. 1117 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

Sec. 1117. Compensation for disabilities occurring in Persian Gulf

War veterans

-STATUTE-

(a)(1) The Secretary may pay compensation under this subchapter

to a Persian Gulf veteran with a qualifying chronic disability that

became manifest -

(A) during service on active duty in the Armed Forces in the

Southwest Asia theater of operations during the Persian Gulf War;

or

(B) to a degree of 10 percent or more during the presumptive

period prescribed under subsection (b).

(2) For purposes of this subsection, the term "qualifying chronic

disability" means a chronic disability resulting from any of the

following (or any combination of any of the following):

(A) An undiagnosed illness.

(B) A medically unexplained chronic multisymptom illness (such

as chronic fatigue syndrome, fibromyalgia, and irritable bowel

syndrome) that is defined by a cluster of signs or symptoms.

(C) Any diagnosed illness that the Secretary determines in

regulations prescribed under subsection (d) warrants a

presumption of service-connection.

(b) The Secretary shall prescribe by regulation the period of

time following service in the Southwest Asia theater of operations

during the Persian Gulf War that the Secretary determines is

appropriate for presumption of service connection for purposes of

this section. The Secretary's determination of such period of time

shall be made following a review of any available credible medical

or scientific evidence and the historical treatment afforded

disabilities for which manifestation periods have been established

and shall take into account other pertinent circumstances regarding

the experiences of veterans of the Persian Gulf War.

(c)(1) Whenever the Secretary determines under section 1118(c) of

this title that a presumption of service connection previously

established under this section is no longer warranted -

(A) a veteran who was awarded compensation under this section

on the basis of the presumption shall continue to be entitled to

receive compensation under this section on that basis; and

(B) a survivor of a veteran who was awarded dependency and

indemnity compensation for the death of a veteran resulting from

the disease on the basis of the presumption before that date

shall continue to be entitled to receive dependency and indemnity

compensation on that basis.

(2) This subsection shall cease to be effective on September 30,

2011.

(d)(1) The Secretary shall prescribe regulations to carry out

this section.

(2) Those regulations shall include the following:

(A) A description of the period and geographical area or areas

of military service in connection with which compensation under

this section may be paid.

(B) A description of the illnesses for which compensation under

this section may be paid.

(C) A description of any relevant medical characteristic (such

as a latency period) associated with each such illness.

(e) A disability for which compensation under this subchapter is

payable shall be considered to be service connected for purposes of

all other laws of the United States.

(f) For purposes of this section, the term "Persian Gulf veteran"

means a veteran who served on active duty in the Armed Forces in

the Southwest Asia theater of operations during the Persian Gulf

War.

(g) For purposes of this section, signs or symptoms that may be a

manifestation of an undiagnosed illness or a chronic multisymptom

illness include the following:

(1) Fatigue.

(2) Unexplained rashes or other dermatological signs or

symptoms.

(3) Headache.

(4) Muscle pain.

(5) Joint pain.

(6) Neurological signs and symptoms.

(7) Neuropsychological signs or symptoms.

(8) Signs or symptoms involving the upper or lower respiratory

system.

(9) Sleep disturbances.

(10) Gastrointestinal signs or symptoms.

(11) Cardiovascular signs or symptoms.

(12) Abnormal weight loss.

(13) Menstrual disorders.

(h)(1) If the Secretary determines with respect to a medical

research project sponsored by the Department that it is necessary

for the conduct of the project that Persian Gulf veterans in

receipt of compensation under this section or section 1118 of this

title participate in the project without the possibility of loss of

service connection under either such section, the Secretary shall

provide that service connection granted under either such section

for disability of a veteran who participated in the research

project may not be terminated. Except as provided in paragraph (2),

nothwithstanding (!1) any other provision of law any grant of

service-connection protected under this subsection shall remain

service-connected for purposes of all provisions of law under this

title.

(2) Paragraph (1) does not apply in a case in which -

(A) the original award of compensation or service connection

was based on fraud; or

(B) it is clearly shown from military records that the person

concerned did not have the requisite service or character of

discharge.

(3) The Secretary shall publish in the Federal Register a list of

medical research projects sponsored by the Department for which

service connection granted under this section or section 1118 of

this title may not be terminated pursuant to paragraph (1).

-SOURCE-

(Added Pub. L. 103-446, title I, Sec. 106(a)(1), Nov. 2, 1994, 108

Stat. 4650; amended Pub. L. 105-277, div. C, title XVI, Sec.

1602(c), Oct. 21, 1998, 112 Stat. 2681-744; Pub. L. 107-103, title

II, Secs. 202(a), (b)(1), (d)(1), 203(a), Dec. 27, 2001, 115 Stat.

988, 989.)

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-103, Sec. 202(a)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: "The Secretary may pay compensation under this subchapter

to any Persian Gulf veteran suffering from a chronic disability

resulting from an undiagnosed illness (or combination of

undiagnosed illnesses) that -

"(1) became manifest during service on active duty in the Armed

Forces in the Southwest Asia theater of operations during the

Persian Gulf War; or

"(2) became manifest to a degree of 10 percent or more within

the presumptive period prescribed under subsection (b)."

Subsec. (c)(1). Pub. L. 107-103, Sec. 202(a)(2)(A), struck out

"for an undiagnosed illness (or combination of undiagnosed

illnesses)" after "service connection" in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 107-103, Sec. 202(a)(2)(B), struck out

"for such illness (or combination of illnesses)" after "awarded

compensation under this section".

Subsec. (c)(2). Pub. L. 107-103, Sec. 202(d)(1), substituted "on

September 30, 2011" for "10 years after the first day of the fiscal

year in which the National Academy of Sciences submits to the

Secretary the first report under section 1603 of the Persian Gulf

War Veterans Act of 1998".

Subsec. (g). Pub. L. 107-103, Sec. 202(b)(1), added subsec. (g).

Subsec. (h). Pub. L. 107-103, Sec. 203(a), added subsec. (h).

1998 - Subsecs. (c) to (f). Pub. L. 105-277 added subsec. (c) and

redesignated former subsecs. (c) to (e) as (d) to (f),

respectively.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title II, Sec. 202(c), Dec. 27, 2001, 115 Stat.

989, provided that: "The amendments made by subsections (a) and (b)

[amending this section and section 1118 of this title] shall take

effect on March 1, 2002."

Pub. L. 107-103, title II, Sec. 203(b), Dec. 27, 2001, 115 Stat.

990, provided that: "The authority provided by subsection (h) of

section 1117 of title 38, United States Code, as added by

subsection (a), may be used by the Secretary of Veterans Affairs

with respect to any medical research project of the Department of

Veterans Affairs, whether commenced before, on, or after the date

of the enactment of this Act [Dec. 27, 2001]."

REGULATIONS

Section 106(d) of Pub. L. 103-446 provided that: "If the

Secretary states in the report under subsection (c) [set out below]

that the Secretary intends to pay compensation as provided in

section 1117 of title 38, United States Code, as added by

subsection (a), the Secretary shall, not later than 30 days after

the date on which such report is submitted, publish in the Federal

Register proposed regulations under subsections (b) and (c) of that

section."

IMPROVING EFFECTIVENESS OF CARE OF PERSIAN GULF WAR VETERANS

Pub. L. 105-368, title I, Sec. 105, Nov. 11, 1998, 112 Stat.

3324, provided that:

"(a) Assessment by National Academy of Sciences. - Not later than

April 1, 1999, the Secretary of Veterans Affairs shall enter into a

contract with the National Academy of Sciences to review the

available scientific data in order to -

"(1) assess whether a methodology could be used by the

Department of Veterans Affairs for determining the efficacy of

treatments furnished to, and health outcomes (including

functional status) of, Persian Gulf War veterans who have been

treated for illnesses which may be associated with their service

in the Persian Gulf War; and

"(2) identify, to the extent feasible, with respect to each

undiagnosed illness prevalent among such veterans and for any

other chronic illness that the Academy determines to warrant such

review, empirically valid models of treatment for such illness

which employ successful treatment modalities for populations with

similar symptoms.

"(b) Action on Report. - (1) After receiving the final report of

the National Academy of Sciences under subsection (a), the

Secretary shall, if a reasonable and scientifically feasible

methodology is identified by the Academy, develop an appropriate

mechanism to monitor and study the effectiveness of treatments

furnished to, and health outcomes of, Persian Gulf War veterans who

suffer from diagnosed and undiagnosed illnesses which may be

associated with their service in the Persian Gulf War.

"(2) The Secretary shall submit to the Committees on Veterans'

Affairs of the Senate and House of Representatives a report on the

implementation of paragraph (1).

"(3) The Secretary shall carry out paragraphs (1) and (2) not

later than 180 days after receiving the final report of the

National Academy of Sciences under subsection (a)."

AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES REGARDING TOXIC DRUGS

AND ILLNESSES ASSOCIATED WITH GULF WAR

Pub. L. 105-277, div. C, title XVI, Sec. 1603-1605, Oct. 21,

1998, 112 Stat. 2681-745 to 2681-748, as amended by Pub. L.

107-103, title II, Sec. 202(d)(2), Dec. 27, 2001, 115 Stat. 989,

provided that:

"SEC. 1603. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.

"(a) Purpose. - The purpose of this section is to provide for the

National Academy of Sciences, an independent nonprofit scientific

organization with appropriate expertise, to review and evaluate the

available scientific evidence regarding associations between

illnesses and exposure to toxic agents, environmental or wartime

hazards, or preventive medicines or vaccines associated with Gulf

War service.

"(b) Agreement. - The Secretary of Veterans Affairs shall seek to

enter into an agreement with the National Academy of Sciences for

the Academy to perform the activities covered by this section. The

Secretary shall seek to enter into the agreement not later than two

months after the date of enactment of this Act [Oct. 21, 1998].

"(c) Identification of Agents and Illnesses. - (1) Under the

agreement under subsection (b), the National Academy of Sciences

shall -

"(A) identify the biological, chemical, or other toxic agents,

environmental or wartime hazards, or preventive medicines or

vaccines to which members of the Armed Forces who served in the

Southwest Asia theater of operations during the Persian Gulf War

may have been exposed by reason of such service; and

"(B) identify the illnesses (including diagnosed illnesses and

undiagnosed illnesses) that are manifest in such members.

"(2) In identifying illnesses under paragraph (1)(B), the Academy

shall review and summarize the relevant scientific evidence

regarding illnesses among the members described in paragraph (1)(A)

and among other appropriate populations of individuals, including

mortality, symptoms, and adverse reproductive health outcomes among

such members and individuals.

"(d) Initial Consideration of Specific Agents. - (1) In

identifying under subsection (c) the agents, hazards, or preventive

medicines or vaccines to which members of the Armed Forces may have

been exposed for purposes of the first report under subsection (i),

the National Academy of Sciences shall consider, within the first

six months after the date of enactment of this Act [Oct. 21, 1998],

the following:

"(A) The following organophosphorous pesticides:

"(i) Chlorpyrifos.

"(ii) Diazinon.

"(iii) Dichlorvos.

"(iv) Malathion.

"(B) The following carbamate pesticides:

"(i) Proxpur.

"(ii) Carbaryl.

"(iii) Methomyl.

"(C) The carbamate pyridostigmine bromide used as nerve agent

prophylaxis.

"(D) The following chlorinated hydrocarbon and other pesticides

and repellents:

"(i) Lindane.

"(ii) Pyrethrins.

"(iii) Permethrins.

"(iv) Rodenticides (bait).

"(v) Repellent (DEET).

"(E) The following low-level nerve agents and precursor

compounds at exposure levels below those which produce

immediately apparent incapacitating symptoms:

"(i) Sarin.

"(ii) Tabun.

"(F) The following synthetic chemical compounds:

"(i) Mustard agents at levels below those which cause

immediate blistering.

"(ii) Volatile organic compounds.

"(iii) Hydrazine.

"(iv) Red fuming nitric acid.

"(v) Solvents.

"(vi) Uranium.

"(G) The following ionizing radiation:

"(i) Depleted uranium.

"(ii) Microwave radiation.

"(iii) Radio frequency radiation.

"(H) The following environmental particulates and pollutants:

"(i) Hydrogen sulfide.

"(ii) Oil fire byproducts.

"(iii) Diesel heater fumes.

"(iv) Sand micro-particles.

"(I) Diseases endemic to the region (including the following):

"(i) Leishmaniasis.

"(ii) Sandfly fever.

"(iii) Pathogenic escherechia coli.

"(iv) Shigellosis.

"(J) Time compressed administration of multiple live,

'attenuated', and toxoid vaccines.

"(2) The consideration of agents, hazards, and medicines and

vaccines under paragraph (1) shall not preclude the Academy from

identifying other agents, hazards, or medicines or vaccines to

which members of the Armed Forces may have been exposed for

purposes of any report under subsection (i).

"(3) Not later than six months after the date of enactment of

this Act [Oct. 21, 1998], the Academy shall submit to the

designated congressional committees a report specifying the agents,

hazards, and medicines and vaccines considered under paragraph (1).

"(e) Determinations of Associations Between Agents and Illnesses.

- (1) For each agent, hazard, or medicine or vaccine and illness

identified under subsection (c), the National Academy of Sciences

shall determine, to the extent that available scientific data

permit meaningful determinations -

"(A) whether a statistical association exists between exposure

to the agent, hazard, or medicine or vaccine and the illness,

taking into account the strength of the scientific evidence and

the appropriateness of the scientific methodology used to detect

the association;

"(B) the increased risk of the illness among human or animal

populations exposed to the agent, hazard, or medicine or vaccine;

and

"(C) whether a plausible biological mechanism or other evidence

of a causal relationship exists between exposure to the agent,

hazard, or medicine or vaccine and the illness.

"(2) The Academy shall include in its reports under subsection

(i) a full discussion of the scientific evidence and reasoning that

led to its conclusions under this subsection.

"(f) Review of Potential Treatment Models for Certain Illnesses.

- Under the agreement under subsection (b), the National Academy of

Sciences shall separately review, for each chronic undiagnosed

illness identified under subsection (c)(1)(B) and for any other

chronic illness that the Academy determines to warrant such review,

the available scientific data in order to identify empirically

valid models of treatment for such illnesses which employ

successful treatment modalities for populations with similar

symptoms.

"(g) Recommendations for Additional Scientific Studies. - (1)

Under the agreement under subsection (b), the National Academy of

Sciences shall make any recommendations that it considers

appropriate for additional scientific studies (including studies

relating to treatment models) to resolve areas of continuing

scientific uncertainty relating to the health consequences of

exposure to toxic agents, environmental or wartime hazards, or

preventive medicines or vaccines associated with Gulf War service.

"(2) In making recommendations for additional studies, the

Academy shall consider the available scientific data, the value and

relevance of the information that could result from such studies,

and the cost and feasibility of carrying out such studies.

"(h) Subsequent Reviews. - (1) Under the agreement under

subsection (b), the National Academy of Sciences shall conduct on a

periodic and ongoing basis additional reviews of the evidence and

data relating to its activities under this section.

"(2) As part of each review under this subsection, the Academy

shall -

"(A) conduct as comprehensive a review as is practicable of the

evidence referred to in subsection (c) and the data referred to

in subsections (e), (f), and (g) that became available since the

last review of such evidence and data under this section; and

"(B) make determinations under the subsections referred to in

subparagraph (A) on the basis of the results of such review and

all other reviews previously conducted for purposes of this

section.

"(i) Reports. - (1) Under the agreement under subsection (b), the

National Academy of Sciences shall submit to the committees and

officials referred to in paragraph (5) periodic written reports

regarding the Academy's activities under the agreement.

"(2) The first report under paragraph (1) shall be submitted not

later than 18 months after the date of enactment of this Act [Oct.

21, 1998]. That report shall include -

"(A) the determinations and discussion referred to in

subsection (e);

"(B) the results of the review of models of treatment under

subsection (f); and

"(C) any recommendations of the Academy under subsection (g).

"(3) Reports shall be submitted under this subsection at least

once every two years, as measured from the date of the report under

paragraph (2).

"(4) In any report under this subsection (other than the report

under paragraph (2)), the Academy may specify an absence of

meaningful developments in the scientific or medical community with

respect to the activities of the Academy under this section during

the 2-year period ending on the date of such report.

"(5) Reports under this subsection shall be submitted to the

following:

"(A) The designated congressional committees.

"(B) The Secretary of Veterans Affairs.

"(C) The Secretary of Defense.

"(j) Sunset. - This section shall cease to be effective on

October 1, 2010.

"(k) Alternative Contract Scientific Organization. - (1) If the

Secretary is unable within the time period set forth in subsection

(b) to enter into an agreement with the National Academy of

Sciences for the purposes of this section on terms acceptable to

the Secretary, the Secretary shall seek to enter into an agreement

for purposes of this section with another appropriate scientific

organization that is not part of the Government, operates as a

not-for-profit entity, and has expertise and objectivity comparable

to that of the National Academy of Sciences.

"(2) If the Secretary enters into an agreement with another

organization under this subsection, any reference in this section

and section 1118 of title 38, United States Code (as added by

section 1602(a)), to the National Academy of Sciences shall be

treated as a reference to such other organization.

"SEC. 1604. REPEAL OF INCONSISTENT PROVISIONS OF LAW.

"In the event of the enactment, before, on, or after the date of

the enactment of this Act [Oct. 21, 1998], of section 101 of the

Veterans Programs Enhancement Act of 1998 [Pub. L. 105-368, 112

Stat. 3317], or any similar provision of law enacted during the

second session of the 105th Congress requiring an agreement with

the National Academy of Sciences regarding an evaluation of health

consequences of service in Southwest Asia during the Persian Gulf

War, such section 101 (or other provision of law) shall be treated

as if never enacted, and shall have no force or effect.

"SEC. 1605. DEFINITIONS.

"In this title [enacting section 1118 of this title, amending

this section and section 1113 of this title, and enacting this note

and provisions set out as a note under section 101 of this title]:

"(1) The term 'toxic agent, environmental or wartime hazard, or

preventive medicine or vaccine associated with Gulf War service'

means a biological, chemical, or other toxic agent, environmental

or wartime hazard, or preventive medicine or vaccine that is

known or presumed to be associated with service in the Armed

Forces in the Southwest Asia theater of operations during the

Persian Gulf War, whether such association arises as a result of

single, repeated, or sustained exposure and whether such

association arises through exposure singularly or in combination.

"(2) The term 'designated congressional committees' means the

following:

"(A) The Committees on Veterans' Affairs and Armed Services

of the Senate.

"(B) The Committees on Veterans' Affairs and National

Security [now Armed Services] of the House of Representatives.

"(3) The term 'Persian Gulf War' has the meaning given that

term in section 101(33) of title 38, United States Code."

[Pub. L. 105-368, title I, Sec. 101, Nov. 11, 1998, 112 Stat.

3317, enacted provisions similar to those in sections 1603 and 1605

of Pub. L. 105-277, set out above. See section 1604 of Pub. L.

105-277, set out above.]

PERSIAN GULF WAR VETERANS' BENEFITS

Sections 102 to 105, 107, 109, and 110 of title I of Pub. L.

103-446, as amended by Pub. L. 104-262, title III, Sec. 352(a),

Oct. 9, 1996, 110 Stat. 3210; Pub. L. 105-368, title I, Sec. 107,

Nov. 11, 1998, 112 Stat. 3325; Pub. L. 106-117, title II, Sec.

205(b), (c), Nov. 30, 1999, 113 Stat. 1563, provided that:

"SEC. 102. FINDINGS.

"The Congress makes the following findings:

"(1) During the Persian Gulf War, members of the Armed Forces

were exposed to numerous potentially toxic substances, including

fumes and smoke from military operations, oil well fires, diesel

exhaust, paints, pesticides, depleted uranium, infectious agents,

investigational drugs and vaccines, and indigenous diseases, and

were also given multiple immunizations. It is not known whether

these servicemembers were exposed to chemical or biological

warfare agents. However, threats of enemy use of chemical and

biological warfare heightened the psychological stress associated

with the military operation.

"(2) Significant numbers of veterans of the Persian Gulf War

are suffering from illnesses, or are exhibiting symptoms of

illness, that cannot now be diagnosed or clearly defined. As a

result, many of these conditions or illnesses are not considered

to be service connected under current law for purposes of

benefits administered by the Department of Veterans Affairs.

"(3) The National Institutes of Health Technology Assessment

Workshop on the Persian Gulf Experience and Health, held in April

1994, concluded that the complex biological, chemical, physical,

and psychological environment of the Southwest Asia theater of

operations produced complex adverse health effects in Persian

Gulf War veterans and that no single disease entity or syndrome

is apparent. Rather, it may be that the illnesses suffered by

those veterans result from multiple illnesses with overlapping

symptoms and causes that have yet to be defined.

"(4) That workshop concluded that the information concerning

the range and intensity of exposure to toxic substances by

military personnel in the Southwest Asia theater of operations is

very limited and that such information was collected only after a

considerable delay.

"(5) In response to concerns regarding the health-care needs of

Persian Gulf War veterans, particularly those who suffer from

illnesses or conditions for which no diagnosis has been made, the

Congress, in Public Law 102-585 [see Short Title of 1992

Amendments note under section 101 of this title], directed the

establishment of a Persian Gulf War Veterans Health Registry,

authorized health examinations for veterans of the Persian Gulf

War, and provided for the National Academy of Sciences to conduct

a comprehensive review and assessment of information regarding

the health consequences of military service in the Persian Gulf

theater of operations and to develop recommendations on avenues

for research regarding such health consequences. In Public Law

103-210 [see Tables for classification], the Congress authorized

the Department of Veterans Affairs to provide health care

services on a priority basis to Persian Gulf War veterans. The

Congress also provided in Public Law 103-160 (the National

Defense Authorization Act for Fiscal Year 1994) [see Tables for

classification] for the establishment of a specialized

environmental medical facility for the conduct of research into

the possible health effects of exposure to low levels of

hazardous chemicals, especially among Persian Gulf veterans, and

for research into the possible health effects of battlefield

exposure in such veterans to depleted uranium.

"(6) In response to concerns about the lack of objective

research on Gulf War illnesses, Congress included research

provisions in the National Defense Authorization Act for Fiscal

Year 1995 [Pub. L. 103-337, see Tables for classification], which

was passed by the House and Senate in September 1994. This

legislation requires the Secretary of Defense to provide research

grants to non-Federal researchers to support three types of

studies of the Gulf War syndrome. The first type of study will be

an epidemiological study or studies of the incidence, prevalence,

and nature of the illness and symptoms and the risk factors

associated with symptoms or illnesses. This will include

illnesses among spouses and birth defects and illnesses among

offspring born before and after the Gulf War. The second group of

studies shall be conducted to determine the health consequences

of the use of pyridostigmine bromide as a pretreatment antidote

enhancer during the Persian Gulf War, alone or in combination

with exposure to pesticides, environmental toxins, and other

hazardous substances. The final group of studies shall include

clinical research and other studies on the causes, possible

transmission, and treatment of Gulf War syndrome, and will

include studies of veterans and their spouses and children.

"(7) Further research and studies must be undertaken to

determine the underlying causes of the illnesses suffered by

Persian Gulf War veterans and, pending the outcome of such

research, veterans who are seriously ill as the result of such

illnesses should be given the benefit of the doubt and be

provided compensation benefits to offset the impairment in

earnings capacities they may be experiencing.

"SEC. 103. PURPOSES.

"The purposes of this title [see Short Title of 1994 Amendments

note under section 101 of this title] are -

"(1) to provide compensation to Persian Gulf War veterans who

suffer disabilities resulting from illnesses that cannot now be

diagnosed or defined, and for which other causes cannot be

identified;

"(2) to require the Secretary of Veterans Affairs to develop at

the earliest possible date case assessment strategies and

definitions or diagnoses of such illnesses;

"(3) to promote greater outreach to Persian Gulf War veterans

and their families to inform them of ongoing research activities,

as well as the services and benefits to which they are currently

entitled; and

"(4) to ensure that research activities and accompanying

surveys of Persian Gulf War veterans are appropriately funded and

undertaken by the Department of Veterans Affairs.

"SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PROTOCOL.

"(a) Uniform Medical Evaluation Protocol. - (1) The Secretary of

Veterans Affairs shall develop and implement a uniform and

comprehensive medical evaluation protocol that will ensure

appropriate medical assessment, diagnosis, and treatment of Persian

Gulf War veterans who are suffering from illnesses the origins of

which are (as of the date of the enactment of this Act [Nov. 2,

1994]) unknown and that may be attributable to service in the

Southwest Asia theater of operations during the Persian Gulf War.

The protocol shall include an evaluation of complaints relating to

illnesses involving the reproductive system.

"(2) If such a protocol is not implemented before the end of the

120-day period beginning on the date of the enactment of this Act

[Nov. 2, 1994], the Secretary shall, before the end of such period,

submit to the Committees on Veterans' Affairs of the Senate and

House of Representatives a report as to why such a protocol has not

yet been developed.

"(3)(A) The Secretary shall ensure that the evaluation under the

protocol developed under this section is available at all

Department medical centers that have the capability of providing

the medical assessment, diagnosis, and treatment required under the

protocol.

"(B) The Secretary may enter into contracts with non-Department

medical facilities for the provision of the evaluation under the

protocol.

"(C) In the case of a veteran whose residence is distant from a

medical center described in subparagraph (A), the Secretary may

provide the evaluation through a Department medical center

described in that subparagraph and, in such a case, may provide the

veteran the travel and incidental expenses therefor pursuant to the

provisions of section 111 of title 38, United States Code.

"(4)(A) If the Secretary is unable to diagnose the symptoms or

illness of a veteran provided an evaluation, or if the symptoms or

illness of a veteran do not respond to treatment provided by the

Secretary, the Secretary may use the authority in section 1703 of

title 38, United States Code, in order to provide for the veteran

to receive diagnostic tests or treatment at a non-Department

medical facility that may have the capability of diagnosing or

treating the symptoms or illness of the veteran. The Secretary may

provide the veteran the travel and incidental expenses therefor

pursuant to the provisions of section 111 of title 38, United

States Code.

"(B) The Secretary shall request from each non-Department medical

facility that examines or treats a veteran under this paragraph

such information relating to the diagnosis or treatment as the

Secretary considers appropriate.

"(5) In each year after the implementation of the protocol, the

Secretary shall enter into an agreement with the National Academy

of Sciences under which agreement appropriate experts shall review

the adequacy of the protocol and its implementation by the

Department of Veterans Affairs.

"(b) Relationship to Other Comprehensive Clinical Evaluation

Protocols. - The Secretary, in consultation with the Secretary of

Defense, shall ensure that the information collected through the

protocol described in this section is collected and maintained in a

manner that permits the effective and efficient cross-reference of

that information with information collected and maintained through

the comprehensive clinical protocols of the Department of Defense

for Persian Gulf War veterans.

"(c) Case Definitions and Diagnoses. - The Secretary shall

develop case definitions or diagnoses for illnesses associated with

the service described in subsection (a)(1). The Secretary shall

develop such definitions or diagnoses at the earliest possible

date.

"SEC. 105. OUTREACH TO PERSIAN GULF VETERANS.

"(a) In General. - The Secretary of Veterans Affairs shall

implement a comprehensive outreach program to inform Persian Gulf

War veterans and their families of the medical care and other

benefits that may be provided by the Department of Veterans Affairs

and the Department of Defense arising from service in the Persian

Gulf War.

"(b) Newsletter. - (1) The outreach program shall include a

newsletter which shall be updated and distributed at least

semi-annually and shall be distributed to the veterans listed on

the Persian Gulf War Veterans Health Registry. The newsletter shall

include summaries of the status and findings of Government

sponsored research on illnesses of Persian Gulf War veterans and

their families, as well as on benefits available to such

individuals through the Department of Veterans Affairs. The

newsletter shall be prepared in consultation with veterans service

organizations.

"(2) The requirement under this subsection for the distribution

of the newsletter shall terminate on December 31, 2003.

"(c) Toll-Free Number. - The outreach program shall include

establishment of a toll-free telephone number to provide Persian

Gulf War veterans and their families information on the Persian

Gulf War Veterans Health Registry, health care and other benefits

provided by the Department of Veterans Affairs, and such other

information as the Secretary considers appropriate. Such toll-free

telephone number shall be established not later than 90 days after

the date of the enactment of this Act [Nov. 2, 1994].

"SEC. 107. EVALUATION OF HEALTH STATUS OF SPOUSES AND CHILDREN OF

PERSIAN GULF WAR VETERANS.

"(a) Evaluation Program. - Subject to subsection (c), the

Secretary of Veterans Affairs shall conduct a program to evaluate

the health status of spouses and children of Persian Gulf War

veterans. Under the program, the Secretary shall provide for the

conduct of diagnostic testing and appropriate medical examinations

of any individual -

"(1) who is the spouse or child of a veteran who -

"(A) is listed in the Persian Gulf War Veterans Registry

established under section 702 of Public Law 102-585 [set out in

a note under section 527 of this title]; and

"(B) is suffering from an illness or disorder;

"(2) who is apparently suffering from, or may have suffered

from, an illness or disorder (including a birth defect,

miscarriage, or stillbirth) which cannot be disassociated from

the veteran's service in the Southwest Asia theater of

operations; and

"(3) who, in the case of a spouse, has granted the Secretary

permission to include in the Registry relevant medical data

(including a medical history and the results of diagnostic

testing and medical examinations) and such other information as

the Secretary considers relevant and appropriate with respect to

such individual.

"(b) Duration of Program. - The program shall be carried out

during the period beginning on November 1, 1994, and ending on

December 31, 2003.

"(c) Funding Limitation. - The amount spent for the program under

subsection (a) may not exceed $2,000,000.

"(d) Contracting. - The Secretary may provide for the conduct of

testing and examinations under subsection (a) through appropriate

contract arrangements, including fee arrangements described in

section 1703 of title 38, United States Code.

"(e) Standard Protocols and Guidelines. - The Secretary shall

seek to ensure uniform development of medical data through the

development of standard protocols and guidelines for such testing

and examinations. If such protocols and guidelines have not been

adopted before the end of the 120-day period beginning on the date

of the enactment of this Act [Nov. 2, 1994], the Secretary shall,

before the end of such period, submit to the Committees on

Veterans' Affairs of the Senate and House of Representatives a

report as to why such protocols and guidelines have not yet been

developed.

"(f) Entry of Results in Registry. - The results of diagnostic

tests, medical histories, and medical examinations conducted under

subsection (a) shall be entered into the Persian Gulf War Veterans

Health Registry.

"(g) Outreach. - The Secretary shall conduct such outreach

activities as the Secretary determines necessary for the purposes

of the program. In conducting such outreach activities, the

Secretary shall advise that medical treatment is not available

under the program.

"(h) Use Outside Department of Standard Protocols and Guidelines.

- The Secretary shall -

"(1) make the standard protocols and guidelines developed under

this section available to any entity which requests a copy of

such protocols and guidelines; and

"(2) enter into the registry the results of any examination of

the spouse or child of a veteran who served in the Persian Gulf

theater which a licensed physician certifies was conducted using

those standard protocols and guidelines.

"(i) Report to Congress. - Not later than July 31, 1999, the

Secretary shall submit to the Committees on Veterans' Affairs of

the Senate and House of Representatives a report on activities with

respect to the program, including the provision of services under

subsection (d).

"(j) Definitions. - For purposes of this section, the terms

'child' and 'spouse' have the meanings given those terms in

paragraphs (4) and (31), respectively, of section 101 of title 38,

United States Code.

"SEC. 109. SURVEY OF PERSIAN GULF VETERANS.

"(a) In General. - The Secretary of Veterans Affairs may carry

out a survey of Persian Gulf veterans to gather information on the

incidence and nature of health problems occurring in Persian Gulf

veterans and their families.

"(b) Coordination With Department of Defense. - Any survey under

subsection (a) shall be carried out in coordination with the

Secretary of Defense.

"(c) Persian Gulf Veteran. - For purposes of this section, a

Persian Gulf veteran is an individual who served on active duty in

the Armed Forces in the Southwest Asia theater of operations during

the Persian Gulf War as defined in section 101(33) of title 38,

United States Code.

"SEC. 110. AUTHORIZATION FOR EPIDEMIOLOGICAL STUDIES.

"(a) Study of Health Consequences of Persian Gulf Service. - If

the National Academy of Sciences includes in the report required by

section 706(b) of the Veterans Health Care Act of 1992 (Public Law

102-585) [set out in a note under section 527 of this title] a

finding that there is a sound basis for an epidemiological study or

studies on the health consequences of service in the Persian Gulf

theater of operations during the Persian Gulf War and recommends

the conduct of such a study or studies, the Secretary of Veterans

Affairs is authorized to carry out such study.

"(b) Oversight. - (1) The Secretary shall seek to enter into an

agreement with the Medical Follow-Up Agency (MFUA) of the Institute

of Medicine of the National Academy of Sciences for (A) the review

of proposals to conduct the research referred to in subsection (a),

(B) oversight of such research, and (C) review of the research

findings.

"(2) If the Secretary is unable to enter into an agreement under

paragraph (1) with the entity specified in that paragraph, the

Secretary shall enter into an agreement described in that paragraph

with another appropriate scientific organization which does not

have a connection to the Department of Veterans Affairs. In such a

case, the Secretary shall submit to the Committees on Veterans'

Affairs of the Senate and House of Representatives, at least 90

days before the date on which the agreement is entered into, notice

in writing identifying the organization with which the Secretary

intends to enter into the agreement.

"(c) Access to Data. - The Secretary shall enter into agreements

with the Secretary of Defense and the Secretary of Health and Human

Services to make available for the purposes of any study described

in subsection (a) all data that the Secretary, in consultation with

the National Academy of Sciences and the contractor for the study,

considers relevant to the study.

"(d) Authorization. - There are authorized to be appropriated to

the Department such sums as are necessary for the conduct of

studies described in subsection (a)."

[Pub. L. 104-262, title III, Sec. 352(b), Oct. 9, 1996, 110 Stat.

3211, provided that: "Any diagnostic testing and medical

examinations undertaken by the Secretary of Veterans Affairs for

the purpose of the study required by subsection (a) of such section

[section 107(a) of Pub. L. 103-446, set out above] during the

period beginning on October 1, 1996, and ending on the date of the

enactment of this Act [Oct. 9, 1996] is hereby ratified."]

REPORT TO CONGRESS ON INTENTION TO PAY COMPENSATION

Section 106(c) of Pub. L. 103-446 directed Secretary of Veterans

Affairs, not later than 60 days after Nov. 2, 1994, to submit to

Congress a report stating whether or not the Secretary intended to

pay compensation as provided in this section.

-EXEC-

EXECUTIVE ORDER NO. 12961

Ex. Ord. No. 12961, May 26, 1995, 60 F.R. 28507, which

established the Presidential Advisory Committee on Gulf War

Veterans' Illnesses, was revoked by Ex. Ord. No. 13138, Sec. 3(g),

Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under

section 14 of the Appendix to Title 5, Government Organization and

Employees.

EX. ORD. NO. 13034. EXTENSION OF PRESIDENTIAL ADVISORY COMMITTEE ON

GULF WAR VETERANS' ILLNESSES

Ex. Ord. No. 13034, Jan. 30, 1997, 62 F.R. 5137, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, it is hereby ordered

as follows:

Section 1. Extension. The Presidential Advisory Committee on Gulf

War Veterans' Illnesses (the "Committee"), established pursuant to

Executive Order 12961 [set out above] of May 26, 1995, is hereby

extended for the purposes set forth herein. All provisions of that

order relating to membership and administration shall remain in

effect. All Committee appointments, as well as the President's

designation of a Chairperson, shall remain in effect. The

limitations set forth in section 2(c)-(e) and section 4(a) of

Executive Order 12961 shall also remain in effect. The Committee

shall remain subject to the Federal Advisory Committee Act, as

amended, 5 U.S.C. App.

Sec. 2. Functions. (a) The Committee shall report to the

President through the Secretary of Defense, the Secretary of

Veterans Affairs, and the Secretary of Health and Human Services.

(b) The Committee shall have two principal roles:

(1) Oversight of the ongoing investigation being conducted by the

Department of Defense with the assistance, as appropriate, of other

executive departments and agencies into possible chemical or

biological warfare agent exposures during the Gulf War; and

(2) Evaluation of the Federal Government's plan for and progress

towards the implementation of the Committee's recommendations

contained in its Final Report submitted on December 31, 1996.

(c) The Committee shall provide advice and recommendations

related to its oversight and evaluation responsibilities.

(d) The Committee may also provide additional advice and

recommendations prompted by any new developments related to its

original functions as set forth in section 2(b) of Executive Order

12961.

(e) The Committee shall submit by letter a status report by April

30, 1997, and a final supplemental report by October 31, 1997,

unless otherwise directed by the President.

Sec. 3. General Provisions. (a) The Committee shall terminate 30

days after submitting its final supplemental report.

(b) This order is intended only to improve the internal

management of the executive branch and it is not intended to create

any right, benefit or trust responsibility, substantive or

procedural, enforceable at law or equity by a party against the

United States, its agencies, its officers, or any person.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1113, 1118 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "notwithstanding".

-End-

-CITE-

38 USC Sec. 1118 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER II - WARTIME DISABILITY COMPENSATION

-HEAD-

Sec. 1118. Presumptions of service connection for illnesses

associated with service in the Persian Gulf during the Persian

Gulf War

-STATUTE-

(a)(1) For purposes of section 1110 of this title, and subject to

section 1113 of this title, each illness, if any, described in

paragraph (2) shall be considered to have been incurred in or

aggravated by service referred to in that paragraph,

notwithstanding that there is no record of evidence of such illness

during the period of such service.

(2) An illness referred to in paragraph (1) is any diagnosed or

undiagnosed illness that -

(A) the Secretary determines in regulations prescribed under

this section to warrant a presumption of service connection by

reason of having a positive association with exposure to a

biological, chemical, or other toxic agent, environmental or

wartime hazard, or preventive medicine or vaccine known or

presumed to be associated with service in the Armed Forces in the

Southwest Asia theater of operations during the Persian Gulf War;

and

(B) becomes manifest within the period, if any, prescribed in

such regulations in a veteran who served on active duty in that

theater of operations during that war and by reason of such

service was exposed to such agent, hazard, or medicine or

vaccine.

(3) For purposes of this subsection, a veteran who served on

active duty in the Southwest Asia theater of operations during the

Persian Gulf War and has an illness described in paragraph (2)

shall be presumed to have been exposed by reason of such service to

the agent, hazard, or medicine or vaccine associated with the

illness in the regulations prescribed under this section unless

there is conclusive evidence to establish that the veteran was not

exposed to the agent, hazard, or medicine or vaccine by reason of

such service.

(4) For purposes of this section, signs or symptoms that may be a

manifestation of an undiagnosed illness include the signs and

symptoms listed in section 1117(g) of this title.

(b)(1)(A) Whenever the Secretary makes a determination described

in subparagraph (B), the Secretary shall prescribe regulations

providing that a presumption of service connection is warranted for

the illness covered by that determination for purposes of this

section.

(B) A determination referred to in subparagraph (A) is a

determination based on sound medical and scientific evidence that a

positive association exists between -

(i) the exposure of humans or animals to a biological,

chemical, or other toxic agent, environmental or wartime hazard,

or preventive medicine or vaccine known or presumed to be

associated with service in the Southwest Asia theater of

operations during the Persian Gulf War; and

(ii) the occurrence of a diagnosed or undiagnosed illness in

humans or animals.

(2)(A) In making determinations for purposes of paragraph (1),

the Secretary shall take into account -

(i) the reports submitted to the Secretary by the National

Academy of Sciences under section 1603 of the Persian Gulf War

Veterans Act of 1998; and

(ii) all other sound medical and scientific information and

analyses available to the Secretary.

(B) In evaluating any report, information, or analysis for

purposes of making such determinations, the Secretary shall take

into consideration whether the results are statistically

significant, are capable of replication, and withstand peer review.

(3) An association between the occurrence of an illness in humans

or animals and exposure to an agent, hazard, or medicine or vaccine

shall be considered to be positive for purposes of this subsection

if the credible evidence for the association is equal to or

outweighs the credible evidence against the association.

(c)(1) Not later than 60 days after the date on which the

Secretary receives a report from the National Academy of Sciences

under section 1603 of the Persian Gulf War Veterans Act of 1998,

the Secretary shall determine whether or not a presumption of

service connection is warranted for each illness, if any, covered

by the report.

(2) If the Secretary determines under this subsection that a

presumption of service connection is warranted, the Secretary

shall, not later than 60 days after making the determination, issue

proposed regulations setting forth the Secretary's determination.

(3)(A) If the Secretary determines under this subsection that a

presumption of service connection is not warranted, the Secretary

shall, not later than 60 days after making the determination,

publish in the Federal Register a notice of the determination. The

notice shall include an explanation of the scientific basis for the

determination.

(B) If an illness already presumed to be service connected under

this section is subject to a determination under subparagraph (A),

the Secretary shall, not later than 60 days after publication of

the notice under that subparagraph, issue proposed regulations

removing the presumption of service connection for the illness.

(4) Not later than 90 days after the date on which the Secretary

issues any proposed regulations under this subsection, the

Secretary shall issue final regulations. Such regulations shall be

effective on the date of issuance.

(d) Whenever the presumption of service connection for an illness

under this section is removed under subsection (c) -

(1) a veteran who was awarded compensation for the illness on

the basis of the presumption before the effective date of the

removal of the presumption shall continue to be entitled to

receive compensation on that basis; and

(2) a survivor of a veteran who was awarded dependency and

indemnity compensation for the death of a veteran resulting from

the illness on the basis of the presumption before that date

shall continue to be entitled to receive dependency and indemnity

compensation on that basis.

(e) Subsections (b) through (d) shall cease to be effective on

September 30, 2011.

-SOURCE-

(Added Pub. L. 105-277, div. C, title XVI, Sec. 1602(a)(1), Oct.

21, 1998, 112 Stat. 2681-742; amended Pub. L. 107-103, title II,

Sec. 202(b)(2), (d)(1), Dec. 27, 2001, 115 Stat. 989.)

-REFTEXT-

REFERENCES IN TEXT

Section 1603 of the Persian Gulf War Veterans Act of 1998,

referred to in subsecs. (b)(2)(A)(i) and (c)(1), is section 1603 of

Pub. L. 105-277, which is set out in a note under section 1117 of

this title.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(4). Pub. L. 107-103, Sec. 202(b)(2), added

par. (4).

Subsec. (e). Pub. L. 107-103, Sec. 202(d)(1), substituted "on

September 30, 2011" for "10 years after the first day of the fiscal

year in which the National Academy of Sciences submits to the

Secretary the first report under section 1603 of the Persian Gulf

War Veterans Act of 1998".

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by section 202(b)(2) of Pub. L. 107-103 effective Mar.

1, 2002, see section 202(c) of Pub. L. 107-103, set out as a note

under section 1117 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1113, 1117 of this title.

-End-

-CITE-

38 USC SUBCHAPTER III - WARTIME DEATH COMPENSATION 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER III - WARTIME DEATH COMPENSATION

-HEAD-

SUBCHAPTER III - WARTIME DEATH COMPENSATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 26 section 6334.

-End-

-CITE-

38 USC Sec. 1121 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER III - WARTIME DEATH COMPENSATION

-HEAD-

Sec. 1121. Basic entitlement

-STATUTE-

The surviving spouse, child or children, and dependent parent or

parents of any veteran who died before January 1, 1957 as the

result of injury or disease incurred in or aggravated by active

military, naval, or air service, in line of duty, during a period

of war, shall be entitled to receive compensation at the monthly

rates specified in section 1122 of this title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 321; Pub. L.

92-197, Sec. 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title

IV, Sec. 404(12), Sept. 30, 1976, 90 Stat. 1378; renumbered Sec.

1121 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 321 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1122" for "322".

1976 - Pub. L. 94-433 substituted "spouse" for "widow".

1971 - Pub. L. 92-197 struck out eligibility clause when the

veteran died after April 30, 1957, under circumstances described in

section 417(a) of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section

10 of Pub. L. 92-197, set out as a note under section 1311 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5313 of this title.

-End-

-CITE-

38 USC Sec. 1122 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER III - WARTIME DEATH COMPENSATION

-HEAD-

Sec. 1122. Rates of wartime death compensation

-STATUTE-

(a) The monthly rates of death compensation shall be as follows:

(1) Surviving spouse but no child, $87;

(2) Surviving spouse with one child, $121 (with $29 for each

additional child);

(3) No surviving spouse but one child, $67;

(4) No surviving spouse but two children, $94 (equally

divided);

(5) No surviving spouse but three children, $122 (equally

divided) (with $23 for each additional child, total amount to be

equally divided);

(6) Dependent parent, $75;

(7) Both dependent parents, $40 each.

(b) The monthly rate of death compensation payable to a surviving

spouse or dependent parent under subsection (a) of this section

shall be increased by $79 if the payee is (1) a patient in a

nursing home or (2) helpless or blind, or so nearly helpless or

blind as to need or require the regular aid and attendance of

another person.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 322; Pub. L.

91-96, Sec. 7, Oct. 27, 1969, 83 Stat. 146; Pub. L. 91-588, Sec.

3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 92-197, Sec. 9, Dec.

15, 1971, 85 Stat. 662; Pub. L. 93-295, title II, Sec. 204, May 31,

1974, 88 Stat. 183; Pub. L. 94-169, title II, Sec. 202, Dec. 23,

1975, 89 Stat. 1021; Pub. L. 94-432, title IV, Sec. 401, Sept. 30,

1976, 90 Stat. 1372; Pub. L. 94-433, title IV, Sec. 404(13)-(17),

Sept. 30, 1976, 90 Stat. 1378, 1379; Pub. L. 95-204, title III,

Sec. 301, Dec. 2, 1977, 91 Stat. 1459; renumbered Sec. 1122, Pub.

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

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 322 of this title as

this section.

1977 - Subsec. (b). Pub. L. 95-204 substituted "$79" for "$74".

1976 - Subsec. (a). Pub. L. 94-433, Sec. 404(13)-(16),

substituted "Surviving spouse" for "Widow" in pars. (1) and (2);

"surviving spouse" for "widow" in pars. (3), (4), and (5); "parent"

for "mother or father" in par. (6); and "Both dependent parents"

for "Dependent mother and father" in par. (7).

Subsec. (b). Pub. L. 94-433, Sec. 404(17), substituted "surviving

spouse" for "widow".

Pub. L. 94-432 substituted "$74" for "$69".

1975 - Subsec. (b). Pub. L. 94-169 substituted, effective for

period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "$69" for

"$64".

1974 - Subsec. (b). Pub. L. 93-295 substituted "$64" for "$55".

1971 - Subsec. (b). Pub. L. 92-197 extended benefits to dependent

parents under subsec. (a) of this section and increased the

increase in benefits from $50 to $55.

1970 - Subsec. (b). Pub. L. 91-588 substituted "$55" for "$50".

1969 - Pub. L. 91-96 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1977 AMENDMENT

Section 302 of Pub. L. 95-204 provided that: "The provisions of

this Act [see Tables for classification] shall take effect January

1, 1978."

EFFECTIVE DATE OF 1976 AMENDMENTS

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

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 202 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. 93-295 effective May 1, 1974, see section

401 of Pub. L. 93-295, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section

10 of Pub. L. 92-197, set out as a note under section 1311 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 1969 AMENDMENT

Amendment by Pub. L. 91-96 effective first day of second calendar

month which begins after Oct. 27, 1969, see section 8 of Pub. L.

91-96, set out as a note under section 1302 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1121, 1142 of this title.

-End-

-CITE-

38 USC SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-

SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 107, 1734 of this

title; title 26 section 6334.

-End-

-CITE-

38 USC Sec. 1131 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-

Sec. 1131. Basic entitlement

-STATUTE-

For disability resulting from personal injury suffered or disease

contracted in line of duty, or for aggravation of a preexisting

injury suffered or disease contracted in line of duty, in the

active military, naval, or air service, during other than a period

of war, the United States will pay to any veteran thus disabled and

who was discharged or released under conditions other than

dishonorable from the period of service in which said injury or

disease was incurred, or preexisting injury or disease was

aggravated, compensation as provided in this subchapter, but no

compensation shall be paid if the disability is a result of the

veteran's own willful misconduct or abuse of alcohol or drugs.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 331; Pub. L.

101-508, title VIII, Sec. 8052(a)(3), Nov. 5, 1990, 104 Stat.

1388-351; renumbered Sec. 1131, Pub. L. 102-83, Sec. 5(a), Aug. 6,

1991, 105 Stat. 406; Pub. L. 105-178, title VIII, Sec. 8202(b),

June 9, 1998, 112 Stat. 492; Pub. L. 105-206, title IX, Sec.

9014(a), July 22, 1998, 112 Stat. 865.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-178, which directed the substitution of ",

abuse of alcohol or drugs, or use of tobacco products" for "or

abuse of alcohol or drugs" before the period at end, was amended

generally by Pub. L. 105-206, which provided that the amendments

made by that section as originally enacted shall be treated for all

purposes as not having been made. See Effective Date of 1998

Amendment note below.

1991 - Pub. L. 102-83 renumbered section 331 of this title as

this section.

1990 - Pub. L. 101-508 substituted "a result of the veteran's own

willful misconduct or abuse of alcohol or drugs" for "the result of

the veteran's own willful misconduct".

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

Title 23, Highways.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 effective with respect to claims

filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101-508,

set out as a note under section 105 of this title.

CONSTRUCTION OF 1998 AMENDMENT

Pub. L. 105-206, title IX, Sec. 9014(a), July 22, 1998, 112 Stat.

865, provided that section 8202 of Pub. L. 105-178 is amended

generally and that the amendments made by that section as

originally enacted shall be treated for all purposes as not having

been made.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1132, 1133, 1134 of this

title.

-End-

-CITE-

38 USC Sec. 1132 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-

Sec. 1132. Presumption of sound condition

-STATUTE-

For the purposes of section 1131 of this title, every person

employed in the active military, naval, or air service for six

months or more shall be taken to have been in sound condition when

examined, accepted and enrolled for service, except as to defects,

infirmities, or disorders noted at the time of the examination,

acceptance and enrollment, or where evidence or medical judgment is

such as to warrant a finding that the disease or injury existed

before acceptance and enrollment.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1122, Sec. 332; renumbered

Sec. 1132 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 332 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1131" for "331".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1137 of this title.

-End-

-CITE-

38 USC Sec. 1133 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-

Sec. 1133. Presumptions relating to certain diseases

-STATUTE-

(a) For the purposes of section 1131 of this title, and subject

to the provisions of subsections (b) and (c) of this section, any

veteran who served for six months or more and contracts a tropical

disease or a resultant disorder or disease originating because of

therapy administered in connection with a tropical disease, or as a

preventative thereof, shall be deemed to have incurred such

disability in the active military, naval, or air service when it is

shown to exist within one year after separation from active

service, or at a time when standard and accepted treatises indicate

that the incubation period thereof commenced during active service.

(b) Service-connection shall not be granted pursuant to

subsection (a), in any case where the disease or disorder is shown

by clear and unmistakable evidence to have had its inception before

or after active military, naval, or air service.

(c) Nothing in this section shall be construed to prevent the

granting of service-connection for any disease or disorder

otherwise shown by sound judgment to have been incurred in or

aggravated by active military, naval, or air service.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 333; renumbered

Sec. 1133 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6,

1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 333 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1131" for

"331".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1137 of this title.

-End-

-CITE-

38 USC Sec. 1134 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-

Sec. 1134. Rates of peacetime disability compensation

-STATUTE-

For the purposes of section 1131 of this title, the compensation

payable for the disability shall be that specified in section 1114

of this title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 334; Pub. L.

92-328, title I, Sec. 108(a), June 30, 1972, 86 Stat. 396;

renumbered Sec. 1134 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

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

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 334 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1131" for "331" and

"1114" for "314".

1972 - Pub. L. 92-328 substituted provisions that compensation

payable for the disability be that specified in section 314 of this

title, for provisions that compensation payable for the disability

be equal to 80% of the compensation payable for such disability

under section 314 of this title, adjusted upward or downward to the

nearest dollar.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 301(b) of Pub. L. 92-328 provided that: "Section 108

[repealing section 336 of this title and amending this section and

section 335 [now 1135] of this title] shall take effect on July 1,

1973."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1114, 1135, 1717 of this

title.

-End-

-CITE-

38 USC Sec. 1135 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-

Sec. 1135. Additional compensation for dependents

-STATUTE-

Any veteran entitled to compensation at the rates provided in

section 1134 of this title, and whose disability is rated not less

than 30 percent, shall be entitled to additional monthly

compensation for dependents as provided in section 1115 of this

title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 335; Pub. L.

92-328, title I, Sec. 108(b), June 30, 1972, 86 Stat. 396; Pub. L.

98-543, title I, Sec. 112(a), Oct. 24, 1984, 98 Stat. 2740;

renumbered Sec. 1135 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

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

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 335 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1134" for "334" and

"1115" for "315".

1984 - Pub. L. 98-543 substituted "30 percent" for "50 per

centum".

1972 - Pub. L. 92-328 substituted provisions that the veteran be

entitled to additional monthly compensation for dependents as

provided in section 315 of this title, for provisions that the

veteran be entitled to additional monthly compensation for

dependents equal to 80% of the additional compensation for

dependents provided in section 315 of this title, and subject to

the limitations thereof, and adjusted upward or downward to the

nearest dollar.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 112(b) of Pub. L. 98-543 provided that: "The amendment

made by subsection (a) [amending this section] shall take effect as

of October 1, 1978."

EFFECTIVE DATE OF 1972 AMENDMENT

Amendment by Pub. L. 92-328 effective July 1, 1973, see section

301(b) of Pub. L. 92-328, set out as a note under section 1134 of

this title.

-End-

-CITE-

38 USC Sec. 1136 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-

[Sec. 1136. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 301 to 363 of this chapter as

sections 1101 to 1163 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 336 of this chapter, Pub. L. 85-857, Sept.

2, 1958, 72 Stat. 1123, which set forth the conditions under which

wartime rates were payable to any veteran otherwise entitled to

compensation under the provisions of this subchapter, was repealed

by Pub. L. 92-328, title I, Sec. 108(c), title III, Sec. 301(b),

June 30, 1972, 86 Stat. 396, 398, effective July 1, 1973.

-End-

-CITE-

38 USC Sec. 1137 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER IV - PEACETIME DISABILITY COMPENSATION

-HEAD-

Sec. 1137. Wartime presumptions for certain veterans

-STATUTE-

For the purposes of this subchapter and subchapter V of this

chapter and notwithstanding the provisions of sections 1132 and

1133 of this subchapter, the provisions of sections 1111, 1112, and

1113 of this chapter shall be applicable in the case of any veteran

who served in the active military, naval, or air service after

December 31, 1946.

-SOURCE-

(Added Pub. L. 89-358, Sec. 7(a), Mar. 3, 1966, 80 Stat. 27, Sec.

337; amended Pub. L. 93-295, title II, Sec. 205, May 31, 1974, 88

Stat. 183; renumbered Sec. 1137 and amended Pub. L. 102-83, Sec.

5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 337 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1132 and 1133" for

"332 and 333" and "1111, 1112, and 1113" for "311, 312, and 313".

1974 - Pub. L. 93-295 substituted "December 31, 1946" for

"January 31, 1955".

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-295 effective May 1, 1974, see section

401 of Pub. L. 93-295, set out as a note under section 1114 of this

title.

-End-

-CITE-

38 USC SUBCHAPTER V - PEACETIME DEATH COMPENSATION 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER V - PEACETIME DEATH COMPENSATION

-HEAD-

SUBCHAPTER V - PEACETIME DEATH COMPENSATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1137 of this title;

title 26 section 6334.

-End-

-CITE-

38 USC Sec. 1141 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER V - PEACETIME DEATH COMPENSATION

-HEAD-

Sec. 1141. Basic entitlement

-STATUTE-

The surviving spouse, child or children, and dependent parent or

parents of any veteran who died before January 1, 1957, as the

result of injury or disease incurred in or aggravated by active

military, naval, or air service, in line of duty, during other than

a period of war, shall be entitled to receive compensation as

hereinafter provided in this subchapter.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1123, Sec. 341; Pub. L.

92-197, Sec. 6, Dec. 15, 1971, 85 Stat. 662; Pub. L. 94-433, title

IV, Sec. 404(18), Sept. 30, 1976, 90 Stat. 1379; renumbered Sec.

1141, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 341 of this title as

this section.

1976 - Pub. L. 94-433 substituted "spouse" for "widow".

1971 - Pub. L. 92-197 struck out eligibility clause when the

veteran died after April 30, 1957, under circumstances described in

section 417(a) of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 92-197 effective Jan. 1, 1972, see section

10 of Pub. L. 92-197, set out as a note under section 1311 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1142, 5313 of this title.

-End-

-CITE-

38 USC Sec. 1142 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER V - PEACETIME DEATH COMPENSATION

-HEAD-

Sec. 1142. Rates of peacetime death compensation

-STATUTE-

For the purposes of section 1141 of this title, the monthly rates

of death compensation payable shall be those specified in section

1122 of this title.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 342; Pub. L.

93-295, title II, Sec. 206(a), May 31, 1974, 88 Stat. 183;

renumbered Sec. 1142 and amended Pub. L. 102-83, Sec. 5(a), (c)(1),

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

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 342 of this

title as this section.

Pub. L. 102-83, Sec. 5(c)(1), substituted "1141" for "341" and

"1122" for "322".

1974 - Pub. L. 93-295 substituted "those specified in section 322

of this title" for "equal to 80 per centum of the rates prescribed

by section 322 of this title, adjusted upward or downward to the

nearest dollar, counting fifty cents and over as a whole dollar".

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-295 effective May 1, 1974, see section

401 of Pub. L. 93-295, set out as a note under section 1114 of this

title.

-End-

-CITE-

38 USC Sec. 1143 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER V - PEACETIME DEATH COMPENSATION

-HEAD-

[Sec. 1143. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 301 to 363 of this chapter as

sections 1101 to 1163 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 343 of this chapter, Pub. L. 85-857, Sept.

2, 1958, 72 Stat. 1124, which prescribed conditions under which

wartime rates of compensation were payable, was repealed by Pub. L.

93-295, title II, Sec. 206(b), title IV, Sec. 401, May 31, 1974, 88

Stat. 183, 184, effective May 1, 1974.

-End-

-CITE-

38 USC SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 26 section 6334.

-End-

-CITE-

38 USC Sec. 1151 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1151. Benefits for persons disabled by treatment or vocational

rehabilitation

-STATUTE-

(a) Compensation under this chapter and dependency and indemnity

compensation under chapter 13 of this title shall be awarded for a

qualifying additional disability or a qualifying death of a veteran

in the same manner as if such additional disability or death were

service-connected. For purposes of this section, a disability or

death is a qualifying additional disability or qualifying death if

the disability or death was not the result of the veteran's willful

misconduct and -

(1) the disability or death was caused by hospital care,

medical or surgical treatment, or examination furnished the

veteran under any law administered by the Secretary, either by a

Department employee or in a Department facility as defined in

section 1701(3)(A) of this title, and the proximate cause of the

disability or death was -

(A) carelessness, negligence, lack of proper skill, error in

judgment, or similar instance of fault on the part of the

Department in furnishing the hospital care, medical or surgical

treatment, or examination; or

(B) an event not reasonably foreseeable; or

(2) the disability or death was proximately caused (A) by the

provision of training and rehabilitation services by the

Secretary (including by a service-provider used by the Secretary

for such purpose under section 3115 of this title) as part of an

approved rehabilitation program under chapter 31 of this title,

or (B) by participation in a program (known as a "compensated

work therapy program") under section 1718 of this title.

(b) Where an individual is, on or after December 1, 1962, awarded

a judgment against the United States in a civil action brought

pursuant to section 1346(b) of title 28 or, on or after December 1,

1962, enters into a settlement or compromise under section 2672 or

2677 of title 28 by reason of a disability or death treated

pursuant to this section as if it were service-connected, then no

benefits shall be paid to such individual for any month beginning

after the date such judgment, settlement, or compromise on account

of such disability or death becomes final until the aggregate

amount of benefits which would be paid but for this subsection

equals the total amount included in such judgment, settlement, or

compromise.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 351; Pub. L.

87-825, Sec. 3, Oct. 15, 1962, 76 Stat. 950; Pub. L. 91-24, Sec. 3,

June 11, 1969, 83 Stat. 33; Pub. L. 94-433, title IV, Sec. 404(19),

Sept. 30, 1976, 90 Stat. 1379; Pub. L. 98-223, title II, Sec.

213(1), Mar. 2, 1984, 98 Stat. 46; renumbered Sec. 1151 and amended

Pub. L. 102-83, Secs. 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403,

406; Pub. L. 104-204, title IV, Sec. 422(a), Sept. 26, 1996, 110

Stat. 2926; Pub. L. 106-419, title III, Sec. 303, Nov. 1, 2000, 114

Stat. 1853.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(2). Pub. L. 106-419 inserted "(A)" after

"proximately caused" and added cl. (B).

1996 - Subsec. (a). Pub. L. 104-204, Sec. 422(a)(1), added

subsec. (a) and struck out former first sentence of section which

read as follows: "Where any veteran shall have suffered an injury,

or an aggravation of an injury, as the result of hospitalization,

medical or surgical treatment, or the pursuit of a course of

vocational rehabilitation under chapter 31 of this title, awarded

under any of the laws administered by the Secretary, or as a result

of having submitted to an examination under any such law, and not

the result of such veteran's own willful misconduct, and such

injury or aggravation results in additional disability to or the

death of such veteran, disability or death compensation under this

chapter and dependency and indemnity compensation under chapter 13

of this title shall be awarded in the same manner as if such

disability, aggravation, or death were service-connected."

Subsec. (b). Pub. L. 104-204, Sec. 422(a)(2), designated second

sentence of section as subsec. (b), struck out ", aggravation,"

after "disability" in two places, and substituted "this subsection

equals the total amount" for "this sentence equals the total

amount".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 351 of this

title as this section.

Pub. L. 102-83, Sec. 4(a)(1), substituted "administered by the

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

1984 - Pub. L. 98-223 substituted "title 28" for "title 28,

United States Code," in two places.

1976 - Pub. L. 94-433 struck out "him" before "under any of the

laws" and substituted "such veteran's" for "his" in first sentence.

1969 - Pub. L. 91-24 substituted ", on or after December 1,

1962," for "hereafter" wherever appearing.

1962 - Pub. L. 87-825 provided that where an individual is

awarded a judgment under section 1346(b) of title 28, enters a

settlement or compromise under section 2672 or 2677 of such title

by reason of a disability, aggravation, or death treated pursuant

to this section as if service-connected, then no benefits shall be

paid such individual for any month beginning after such judgment,

settlement or compromise becomes final until the aggregate amount

of benefits equals the total amount included in such judgment,

settlement, or compromise, and struck out provisions which required

that no benefits were to be awarded unless application was made

therefor within two years after an injury or aggravation was

suffered, or a death occurred.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 422(b), (c) of Pub. L. 104-204 provided that:

"(b)(1) The amendments made by subsection (a) [amending this

section] shall take effect on October 1, 1996.

"(2) Section 1151 of title 38, United States Code (as amended by

subsection (a)), shall govern all administrative and judicial

determinations of eligibility for benefits under such section that

are made with respect to claims filed on or after the effective

date set forth in paragraph (1) [Oct. 1, 1996], including those

based on original applications and applications seeking to reopen,

revise, reconsider, or otherwise readjudicate on any basis claims

for benefits under such section 1151 or any provision of law that

is a predecessor of such section.

"(c) Nothwithstanding [sic] subsection (b)(1), section 421(d)

[set out as a note under section 1801 of this title], or any other

provision of this Act [see Tables for classification], section 421

[enacting sections 1801 to 1806 of this title, amending section

5312 of this title, and enacting provisions set out as notes under

section 1801 of this title] and this section [amending this

section] shall not take effect until October 1, 1997, unless

legislation other than this Act is enacted to provide for an

earlier effective date."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-825 effective first day of second

calendar month which begins after Oct. 15, 1962, see section 7 of

Pub. L. 87-825, set out as a note under section 110 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1710, 5110, 5313 of this

title.

-End-

-CITE-

38 USC Sec. 1152 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1152. Persons heretofore having a compensable status

-STATUTE-

The death and disability benefits of this chapter shall,

notwithstanding the service requirements thereof, be granted to

persons heretofore recognized by law as having a compensable

status, including persons whose claims are based on war or

peacetime service rendered before April 21, 1898.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 352; renumbered

Sec. 1152, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 352 of this title as

this section.

-End-

-CITE-

38 USC Sec. 1153 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1153. Aggravation

-STATUTE-

A preexisting injury or disease will be considered to have been

aggravated by active military, naval, or air service, where there

is an increase in disability during such service, unless there is a

specific finding that the increase in disability is due to the

natural progress of the disease.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 353; renumbered

Sec. 1153, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 353 of this title as

this section.

-End-

-CITE-

38 USC Sec. 1154 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1154. Consideration to be accorded time, place, and

circumstances of service

-STATUTE-

(a) The Secretary shall include in the regulations pertaining to

service-connection of disabilities (1) additional provisions in

effect requiring that in each case where a veteran is seeking

service-connection for any disability due consideration shall be

given to the places, types, and circumstances of such veteran's

service as shown by such veteran's service record, the official

history of each organization in which such veteran served, such

veteran's medical records, and all pertinent medical and lay

evidence, and (2) the provisions required by section 5 of the

Veterans' Dioxin and Radiation Exposure Compensation Standards Act

(Public Law 98-542; 98 Stat. 2727).

(b) In the case of any veteran who engaged in combat with the

enemy in active service with a military, naval, or air organization

of the United States during a period of war, campaign, or

expedition, the Secretary shall accept as sufficient proof of

service-connection of any disease or injury alleged to have been

incurred in or aggravated by such service satisfactory lay or other

evidence of service incurrence or aggravation of such injury or

disease, if consistent with the circumstances, conditions, or

hardships of such service, notwithstanding the fact that there is

no official record of such incurrence or aggravation in such

service, and, to that end, shall resolve every reasonable doubt in

favor of the veteran. Service-connection of such injury or disease

may be rebutted by clear and convincing evidence to the contrary.

The reasons for granting or denying service-connection in each case

shall be recorded in full.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1124, Sec. 354; Pub. L.

94-433, title IV, Sec. 404(20), Sept. 30, 1976, 90 Stat. 1379; Pub.

L. 98-542, Sec. 4, Oct. 24, 1984, 98 Stat. 2727; Pub. L. 102-54,

Sec. 14(b)(1), June 13, 1991, 105 Stat. 282; renumbered Sec. 1154

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

Section 5 of the Veterans' Dioxin and Radiation Exposure

Compensation Standards Act, referred to in subsec. (a), is set out

below.

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 354 of this

title as this section.

Pub. L. 102-54, Sec. 14(b)(1)(A), inserted a comma after "place"

in section catchline.

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

"Secretary" for "Administrator".

Pub. L. 102-54, Sec. 14(b)(1)(B), inserted before period at end

"(Public Law 98-542; 98 Stat. 2727)".

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

"Secretary" for "Administrator".

1984 - Subsec. (a). Pub. L. 98-542 designated existing provisions

as cl. (1) and added cl. (2).

1976 - Subsec. (a). Pub. L. 94-433 substituted "such veteran's"

for "his" in three places and "such veteran" for "he".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

REVIEW OF DOSE RECONSTRUCTION PROGRAM OF THE DEFENSE THREAT

REDUCTION AGENCY

Pub. L. 106-419, title III, Sec. 305, Nov. 1, 2000, 114 Stat.

1853, provided that:

"(a) Review by National Academy of Sciences. - Not later than 30

days after the date of the enactment of this Act [Nov. 1, 2000],

the Secretary of Defense shall enter into a contract with the

National Academy of Sciences to carry out periodic reviews of the

program of the Defense Threat Reduction Agency of the Department of

Defense known as the 'dose reconstruction program'.

"(b) Review Activities. - The periodic reviews of the dose

reconstruction program under the contract under subsection (a)

shall consist of the periodic selection of random samples of doses

reconstructed by the Defense Threat Reduction Agency in order to

determine -

"(1) whether or not the reconstruction of the sampled doses is

accurate;

"(2) whether or not the reconstructed dosage number is

accurately reported;

"(3) whether or not the assumptions made regarding radiation

exposure based upon the sampled doses are credible; and

"(4) whether or not the data from nuclear tests used by the

Defense Threat Reduction Agency as part of the reconstruction of

the sampled doses is accurate.

"(c) Duration of Review. - The periodic reviews under the

contract under subsection (a) shall occur over a period of 24

months.

"(d) Report. - (1) Not later than 60 days after the conclusion of

the period referred to in subsection (c), the National Academy of

Sciences shall submit to Congress a report on its activities under

the contract under this section.

"(2) The report shall include the following:

"(A) A detailed description of the activities of the National

Academy of Sciences under the contract.

"(B) Any recommendations that the National Academy of Sciences

considers appropriate regarding a permanent system of review of

the dose reconstruction program of the Defense Threat Reduction

Agency."

IONIZING RADIATION REGISTRY

Pub. L. 99-576, title II, Sec. 232, Oct. 28, 1986, 100 Stat.

3264, as amended by Pub. L. 102-83, Secs. 5(c)(2), 6(h), Aug. 6,

1991, 105 Stat. 406, 408, provided that:

"(a) Establishment of Registry. - The Secretary of Veterans

Affairs shall establish and maintain a special record to be known

as the 'Ionizing Radiation Registry' (hereinafter in this section

referred to as the 'Registry').

"(b) Content of Registry. - Except as provided in subsection (c),

the Registry shall include the following information:

"(1) A list containing the name of each veteran who was exposed

to ionizing radiation under the conditions described in section

1710(e)(1)(B) of title 38, United States Code, and who -

"(A) applies for hospital or nursing home care from the

Department of Veterans Affairs under chapter 17 of such title;

"(B) files a claim for compensation under chapter 11 of such

title on the basis of a disability which may be associated with

the exposure to ionizing radiation; or

"(C) dies and is survived by a spouse, child, or parent who

files a claim for dependency and indemnity compensation under

chapter 13 of such title on the basis of the exposure of such

veteran to ionizing radiation.

"(2) Medical data relating to each veteran listed in the

Registry, including -

"(A) the veteran's medical history, latest health status

recorded by the Department of Veterans Affairs, physical

examinations, and clinical findings; and

"(B) a statement describing birth defects, if any, in the

natural children of the veteran.

"(3) Data on claims for the compensation referred to in

paragraph (1), including decisions and determinations of the

Department of Veterans Affairs relating to such claims.

"(4) An estimate of the dose of radiation to which each veteran

listed in the Registry was exposed under the conditions described

in section 1710(e)(1)(B) of such title.

"(c) Veterans Submitting Claims Before Date of Enactment. - If in

the case of a veteran described in subsection (b)(1) the

application or claim referred to in such subsection was submitted

or filed before October 28, 1986, the Secretary shall include in

the Registry, to the extent feasible, such veteran's name and the

data and information described in subsection (b) relating to the

veteran.

"(d) Consolidation of Existing Information. - (1) For the purpose

of establishing and maintaining the Registry, the Secretary of

Veterans Affairs shall compile and consolidate -

"(A) relevant information maintained by the Veterans Benefits

Administration and the Veterans Health Administration of the

Department of Veterans Affairs;

"(B) relevant information maintained by the Defense Nuclear

Agency of the Department of Defense; and

"(C) any relevant information maintained by any other element

of the Department of Veterans Affairs or the Department of

Defense.

"(2) With respect to a veteran whose name is included in the

Registry and for whom the information in the Registry is not

complete, the Secretary of Veterans Affairs shall include

information described in paragraph (1) with respect to that veteran

(A) to the extent that such information is reasonably available in

records of the Department of Veterans Affairs or Department of

Defense, or (B) if such information is submitted by the veteran

after October 28, 1986.

"(e) Department of Defense Information. - The Secretary of

Defense shall furnish to the Secretary of Veterans Affairs such

information maintained by the Department of Defense as the

Secretary of Veterans Affairs considers necessary to establish and

maintain the Registry.

"(f) Definition. - For the purpose of this section, the term

'veteran' has the meaning given that term in section 101(2) of

title 38, United States Code, and includes a person who died in the

active military, naval, or air service.

"(g) Effective Date. - The Registry shall be established not

later than 180 days after the date of the enactment of this Act

[Oct. 28, 1986]."

VETERANS' DIOXIN AND RADIATION EXPOSURE COMPENSATION STANDARDS;

CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE

Sections 1-3 of Pub. L. 98-542, as amended by Pub. L. 102-4, Sec.

10(a), (b), Feb. 6, 1991, 105 Stat. 19, provided that:

"SHORT TITLE

"Section 1. This Act [amending this section, enacting provisions

set out as notes under this section, and amending provisions set

out as notes under this section and section 1116 of this title] may

be cited as the 'Veterans' Dioxin and Radiation Exposure

Compensation Standards Act'.

"FINDINGS

"Sec. 2. The Congress makes the following findings:

"(1) Veterans who served in the Republic of Vietnam during the

Vietnam era and veterans who participated in atmospheric nuclear

tests or the American occupation of Hiroshima or Nagasaki, Japan,

are deeply concerned about possible long-term health effects of

exposure to herbicides containing dioxin or to ionizing

radiation.

"(2) There is scientific and medical uncertainty regarding such

long-term adverse health effects.

"(3) In section 102 of Public Law 97-22 [see Tables for

classification], the Congress responded to that uncertainty by

authorizing priority medical care at Veterans' Administration

[now Department of Veterans Affairs] facilities for any

disability of a veteran who may have been so exposed (even though

there is insufficient medical evidence linking such disability

with such exposure) unless the disability is found to have

resulted from a cause other than the exposure.

"(4) The Congress has further responded to that medical and

scientific uncertainty by requiring, in section 307 of Public Law

96-151 [set out as a note under section 1116 of this title] and

section 601 of Public Law 98-160 [set out below], the conduct of

thorough epidemiological studies of the health effects

experienced by veterans in connection with exposure both to

herbicides containing dioxin and (if not determined to be

scientifically infeasible) to radiation, and by requiring in

Public Law 97-414 [see Tables for classification], the

development of radioepidemiological tables setting forth the

probabilities of causation between various cancers and exposure

to radiation.

"(5) There is some evidence that most types of leukemia,

malignancies of the thyroid, female breast, lung, bone, liver,

and skin, and polycythemia vera are associated with exposure to

certain levels of ionizing radiation.

"(6) As of the date of the enactment of this Act [Oct. 24,

1984], there are sixty-six federally sponsored research projects

being conducted relating to herbicides containing dioxin, at a

cost to the Federal Government in excess of $130,000,000 and, as

of 1981, federally sponsored research projects relating to

ionizing radiation were costing the Federal Government more than

$115,000,000.

"(7) The initial results of one project - an epidemiological

study, conducted by the United States Air Force School of

Aerospace Medicine, of the health status of the 'Ranch Hand'

veterans who carried out the loading and aerial spraying of

herbicides containing dioxin in Vietnam and in the process came

into direct skin contact with such herbicides in their most

concentrated liquid form - were released on February 24, 1984,

and contained the conclusion 'that there is insufficient evidence

to support a cause and effect relationship between herbicide

exposure and adverse health in the Ranch Hand group at this

time'.

"(8) The 'film badges' which were originally issued to members

of the Armed Forces in connection with the atmospheric nuclear

test program have previously constituted a primary source of dose

information for veterans (and survivors of veterans) filing

claims for Veterans' Administration [now Department of Veterans

Affairs] disability compensation or dependency and indemnity

compensation in connection with exposure to radiation.

"(9) These film badges often provide an incomplete measure of

radiation exposure, since they were not capable of recording

inhaled, ingested, or neutron doses (although the Defense Nuclear

Agency currently has the capability to reconstruct individual

estimates of such doses), were not issued to most of the

participants in nuclear tests, often provided questionable

readings because they were shielded during the detonation, and

were worn for only limited periods during and after each nuclear

detonation.

"(10) Standards governing the reporting of dose estimates in

connection with radiation-related claims for Veterans'

Administration [now Department of Veterans Affairs] disability

compensation vary among the several branches of the Armed Forces,

and no uniform minimum standards exist.

"(11) The Veterans' Administration [now Department of Veterans

Affairs] has not promulgated permanent regulations setting forth

specific guidelines, standards, and criteria for the adjudication

of claims for Veterans' Administration disability compensation

based on exposure to herbicides containing dioxin or to ionizing

radiation.

"(12) Such claims (especially those involving health effects

with long latency periods) present adjudicatory issues which are

significantly different from issues generally presented in claims

based upon the usual types of injuries incurred in military

service.

"(13) It has always been the policy of the Veterans'

Administration [now Department of Veterans Affairs] and is the

policy of the United States, with respect to individual claims

for service connection of diseases and disabilities, that when,

after consideration of all evidence and material of record, there

is an approximate balance of positive and negative evidence

regarding the merits of an issue material to the determination of

a claim, the benefit of the doubt in resolving each such issue

shall be given to the claimant.

"PURPOSE

"Sec. 3. The purpose of this Act is to ensure that Veterans'

Administration [now Department of Veterans Affairs] disability

compensation is provided to veterans who were exposed to ionizing

radiation in connection with atmospheric nuclear tests or in

connection with the American occupation of Hiroshima or Nagasaki,

Japan, for all disabilities arising after that service that are

connected, based on sound scientific and medical evidence, to such

service (and that Veterans' Administration dependency and indemnity

compensation is provided to survivors of those veterans for all

deaths resulting from such disabilities)."

[Amendment by Pub. L. 102-4 to sections 2 and 3 of Pub. L.

98-542, set out above, effective at the end of the six-month period

beginning on Feb. 6, 1991, except as otherwise provided, see

section 10(e) of Pub. L. 102-4, set out below under sections 5 to 7

of Pub. L. 98-542.]

REQUIREMENT FOR AND CONTENT OF REGULATIONS; ADVISORY COMMITTEE ON

ENVIRONMENTAL STANDARDS; NUCLEAR RADIATION MATTERS INVOLVING OTHER

AGENCIES

Sections 5-7 of Pub. L. 98-542, as amended by Pub. L. 100-321,

Sec. 2(c), May 20, 1988, 102 Stat. 486; Pub. L. 102-4, Sec. 10(c),

(d), Feb. 6, 1991, 105 Stat. 19, 20; Pub. L. 102-83, Sec. 5(c)(2),

Aug. 6, 1991, 105 Stat. 406, provided that:

"REQUIREMENT FOR AND CONTENT OF REGULATIONS

"Sec. 5. (a) In carrying out the responsibilities of the

Administrator of Veterans' Affairs [now Secretary of Veterans

Affairs] under section 1154(a)(2) [formerly 354(a)(2)] of title 38,

United States Code, and in order to promote consistency in claims

processing and decisions, the Administrator shall prescribe

regulations to -

"(1) establish guidelines and (where appropriate) standards and

criteria for the resolution of claims for benefits under laws

administered by the Veterans' Administration [now Department of

Veterans Affairs] where the criteria for eligibility for a

benefit include a requirement that a death or disability be

service connected and the claim of service connection is based on

a veteran's exposure during service in connection with such

veteran's participation in atmospheric nuclear tests or with the

American occupation of Hiroshima or Nagasaki, Japan, prior to

July 1, 1946, to ionizing radiation from the detonation of a

nuclear device; and

"(2) ensure that, with respect to those claims, the policy of

the United States described in section 2(13) [set out above] is

carried out.

"(b)(1)(A) The guidelines required to be established in

regulations prescribed under this section shall include guidelines

governing the evaluation of the findings of scientific studies

relating to the possible increased risk of adverse health effects

of exposure to ionizing radiation. Those guidelines shall require

that, in the evaluation of those studies, the Administrator [now

Secretary] shall take into account whether the results are

statistically significant, are capable of replication, and

withstand peer review.

"(B) The evaluations described in subparagraph (A) shall be made

by the Administrator of Veterans' Affairs [now Secretary of

Veterans Affairs] after receiving the advice of the Scientific

Council of the Veterans' Advisory Committee on Environmental

Hazards (established under section 6). Those evaluations shall be

published in the notice section of the Federal Register.

"(C) The standards and criteria required to be established in

regulations prescribed under this section shall include provisions

governing the use in the adjudication of individual claims of the

Administrator's [now Secretary's] evaluations made under

subparagraph (B).

"(2)(A)(i) In prescribing regulations under this section, the

Administrator [now Secretary] (after receiving the advice of the

Advisory Committee and of the Scientific Council of the Veterans'

Advisory Committee on Environmental Hazards regarding the diseases

described in subparagraph (B)) shall make determinations, based on

sound medical and scientific evidence, with respect to each disease

described in subparagraph (B) as to whether service connection

shall, subject to division (ii) of this subparagraph, be granted in

the adjudication of individual cases. In making determinations

regarding such diseases, the Administrator shall give due regard to

the need to maintain the policy of the United States with respect

to the resolution of contested issues as set forth in section 2(13)

[set out above]. The Administrator shall set forth in such

regulations such determinations, with any specification (relating

to exposure or other relevant matter) of limitations on the

circumstances under which service connection shall be granted, and

shall implement such determinations in accordance with such

regulations.

"(ii) If the Administrator [now Secretary] makes a determination,

pursuant to this subparagraph, that service connection shall be

granted in the case of a disease described in subparagraph (B), the

Administrator shall specify in such regulations that, in the

adjudication of individual cases, service connection shall not be

granted where there is sufficient affirmative evidence to the

contrary or evidence to establish that an intercurrent injury or

disease which is a recognized cause of the described disease has

been suffered between the date of separation from service and the

onset of such disease or that the disability is due to the

veteran's own willful misconduct.

"(iii) With regard to each disease described in subparagraph (B),

the Administrator [now Secretary] shall include in the regulations

prescribed under this section provisions specifying the factors to

be considered in adjudicating issues relating to whether or not

service connection should be granted in individual cases and the

circumstances governing the granting of service connection for such

disease.

"(B) The diseases referred to in subparagraph (A) are those

specified in section 2(5) [set out above] and any other disease

with respect to which the Administrator [now Secretary] finds

(after receiving and considering the advice of the Scientific

Council established under section 6(d)(2)) that there is sound

scientific or medical evidence indicating a connection to exposure

to ionizing radiation, in the case of a veteran who was exposed to

ionizing radiation in connection with such veteran's participation

in an atmospheric nuclear test or with the American occupation of

Hiroshima or Nagasaki, Japan, before July 1, 1946.

"(3) The regulations prescribed under this section shall include

-

"(A) specification of the maximum period of time after exposure

to such ionizing radiation for the development of those diseases;

and

"(B) a requirement that a claimant filing a claim based upon a

veteran's exposure to ionizing radiation from the detonation of a

nuclear device may not be required to produce evidence

substantiating the veteran's exposure during active military,

naval, or air service if the information in the veteran's service

records and other records of the Department of Defense is not

inconsistent with the claim that the veteran was present where

and when the claimed exposure occurred.

"(c)(1) The Administrator of Veterans' Affairs [now Secretary of

Veterans Affairs] shall develop the regulations required by this

section (and any amendment to those regulations) through a public

review and comment process in accordance with the provisions of

section 553 of title 5, United States Code. That process may

include consideration by the Administrator of the recommendations

of the Veterans' Advisory Committee on Environmental Hazards and

the Scientific Council thereof (established under section 6) with

respect to the proposed regulations, and that process shall include

consideration by the Administrator of the recommendations of the

Committee and the Council with respect to the final regulations and

proposed and final amendments to such regulations. The period for

public review and comment shall be completed not later than ninety

days after the proposed regulations or proposed amendments are

published in the Federal Register.

"(2)(A) Not later than one hundred and eighty days after the date

of the enactment of this Act [Oct. 24, 1984], the Administrator

[now Secretary] shall develop and publish in the Federal Register a

proposed version of the regulations required to be prescribed by

this section.

"(B) Not later than three hundred days after the date of the

enactment of this Act [Oct. 24, 1984], the Administrator [now

Secretary] shall publish in the Federal Register the final

regulations (together with explanations of the bases for the

guidelines, standards, and criteria contained therein) required to

be prescribed by this section.

"ADVISORY COMMITTEE ON ENVIRONMENTAL HAZARDS

"Sec. 6. (a) The advisory committee referred to in subsections

(b) and (c) of section 5, to be known as the Veterans' Advisory

Committee on Environmental Hazards (hereinafter in this section

referred to as the 'Committee') shall consist of nine members

appointed by the Administrator of Veterans' Affairs [now Secretary

of Veterans Affairs] after requesting and considering

recommendations from veteran organizations, including -

"(1) six individuals (of whom none may be members of the Armed

Forces on active duty or employees of the Veterans'

Administration [now Department of Veterans Affairs] or the

Department of Defense and not more than three may be employees of

other Federal departments or agencies), appointed, after

requesting and considering the recommendations of the heads of

Federal entities with particular expertise in biomedical and

environmental science, including -

"(A) three individuals who are recognized medical or

scientific authorities in fields pertinent to understanding the

health effects of exposure to ionizing radiation; and

"(B) three individuals who are recognized medical or

scientific authorities in fields, such as epidemiology and

other scientific disciplines, pertinent to determining and

assessing the health effects of exposure to ionizing radiation

in exposed populations; and

"(2) three individuals from the general public, including at

least one disabled veteran, having a demonstrated interest in and

experience relating to veterans' concerns regarding exposure to

ionizing radiation.

"(b) The Committee shall include, as ex officio, nonvoting

members, the Chief Medical Director and the Chief Benefits Director

of the Veterans' Administration [now Under Secretary for Health and

Under Secretary for Benefits of the Department of Veterans

Affairs], or their designees.

"(c) The Committee shall submit to the Administrator [now

Secretary] any recommendations it considers appropriate for

administrative or legislative action.

"(d)(1) The six members of the Committee described in subsection

(a)(1) shall, in addition to serving as members of the Committee,

constitute a Scientific Council of the Committee (hereinafter in

this section referred to as the 'Council').

"(2) The Council shall have responsibility for evaluating

scientific studies relating to possible adverse health effects of

exposure to ionizing radiation.

"(3) The Council shall make findings and evaluations regarding

pertinent scientific studies and shall submit to the Committee, the

Administrator [now Secretary], and the Committees on Veterans'

Affairs of the Senate and House of Representatives directly

periodic reports on such findings and evaluations.

"(e) The Administrator [now Secretary] shall designate one of the

members to chair the Committee and another member to chair the

Council.

"(f) The Administrator [now Secretary] shall determine the terms

of service and pay and allowances of members of the Committee,

except that a term of service of any member may not exceed three

years. The Administrator may reappoint any member for additional

terms of service.

"(g) The Administrator [now Secretary] shall provide

administrative support services and fiscal support for the

Committee.

"NUCLEAR RADIATION MATTERS INVOLVING OTHER AGENCIES

"Sec. 7. (a) In connection with the duties of the Director of the

Defense Nuclear Agency, as Department of Defense Executive Agent

for the Nuclear Test Personnel Review Program, relating to the

preparation of radiation dose estimates with regard to claims for

Veterans' Administration [now Department of Veterans Affairs]

disability compensation and dependency and indemnity compensation

under chapters 11 and 13, respectively, of title 38, United States

Code -

"(1) the Secretary of Defense shall prescribe guidelines (and

any amendment to those guidelines) through a public review and

comment process in accordance with the provisions of section 553

of title 5, United States Code -

"(A) specifying the minimum standards governing the

preparation of radiation dose estimates in connection with

claims for such compensation,

"(B) making such standards uniformly applicable to the

several branches of the Armed Forces, and

"(C) requiring that each such estimate furnished to the

Veterans' Administration [now Department of Veterans Affairs]

and to any veteran or survivor include information regarding

all material aspects of the radiation environment to which the

veteran was exposed and which form the basis of the claim,

including inhaled, ingested, and neutron doses; and

"(2) the Secretary of Health and Human Services, through the

Director of the National Institutes of Health, shall -

"(A) conduct a review of the reliability and accuracy of

scientific and technical devices and techniques (such as 'whole

body counters') which may be useful in determining previous

radiation exposure;

"(B) submit to the Administrator of Veterans' Affairs [now

Secretary of Veterans Affairs] and the Committees on Veterans'

Affairs of the House of Representatives and the Senate, not

later than July 1, 1985, a report regarding the results of such

review, including information concerning the availability of

such devices and techniques, the categories of exposed

individuals as to whom use of such devices and techniques may

be appropriate, and the reliability and accuracy of dose

estimates which may be derived from such devices and

techniques; and

"(C) enter into an interagency agreement with the

Administrator of Veterans' Affairs [now Secretary of Veterans

Affairs] for the purpose of assisting the Administrator in

identifying agencies or other entities capable of furnishing

services involving the use of such devices and techniques.

"(b) The Administrator of Veterans' Affairs [now Secretary of

Veterans Affairs], in resolving material differences between a

radiation dose estimate, from a credible source, submitted by a

veteran or survivor and a radiation dose estimate prepared and

transmitted by the Director of the Defense Nuclear Agency, shall

provide for the preparation of a radiation dose estimate by an

independent expert, who shall be selected by the Director of the

National Institutes of Health and who shall not be affiliated with

the Defense Nuclear Agency, and the Administrator shall provide for

the consideration of such independent estimate in connection with

the adjudication of the claim for Veterans' Administration [now

Department of Veterans Affairs] compensation."

[Pub. L. 102-4, Sec. 10(e), Feb. 6, 1991, 105 Stat. 20, as

amended by Pub. L. 102-86, title V, Sec. 503(b)(2), Aug. 14, 1991,

105 Stat. 425, provided that:

["(1) Except as provided in paragraph (2), the amendments made by

this section [amending sections 2 and 3 of Pub. L. 98-542, set out

above, and sections 5 and 6 of Pub. L. 98-542, set out above] shall

take effect at the end of the two-month period beginning on the

date of the enactment of the Veterans' Benefits Programs

Improvement Act of 1991 [Aug. 14, 1991].

["(2)(A) If the Secretary of Veterans Affairs determines before

the end of such period that the Environmental Hazards Advisory

Committee established under section 6 of Public Law 98-542 (38

U.S.C. 354 note) [set out above] has completed its responsibilities

under that section and the directives of the Secretary pursuant to

the Nehmer case court order, the amendments made by this section

shall take effect as of the date of such determination.

["(B) For purposes of this paragraph, the term 'Nehmer case court

order' means the court order dated May 2, 1989, in the case of

Nehmer v. Department of Veterans Affairs, in the United States

district court for the northern district of California (civil

action docket number C-86-6160 TEH).

["(3) If the Secretary makes a determination under paragraph (2),

the Secretary shall promptly publish in the Federal Register a

notice that such determination has been made and that such

amendments have thereby taken effect as of the date of such

determination."]

IDENTIFICATION OF ACTIVITIES INVOLVING EXPOSURE TO IONIZING

RADIATION BEFORE JANUARY 1, 1970

Section 10 of Pub. L. 98-542, as added by Pub. L. 102-578, Sec.

3, Oct. 30, 1992, 106 Stat. 4774, provided that:

"(a) In General. - (1) In order to determine whether activities

(other than the tests or occupation activities referred to in

section 5(a)(1)(B) [probably means section 5(a)(1), set out above])

resulted in the exposure of veterans to ionizing radiation during

the service of such veterans that occurred before January 1, 1970,

and whether adverse health effects have been observed or may have

resulted from such exposure in a significant number of such

veterans, the Advisory Committee established under section 6 [set

out above] shall -

"(A) review all available scientific studies and other relevant

information relating to the exposure of such veterans to ionizing

radiation during such service;

"(B) identify any activity during which significant numbers of

veterans received exposure; and

"(C) on the basis of such review, submit to the Secretary of

Veterans Affairs a report containing the recommendation of the

Advisory Committee on the feasibility and appropriateness for the

purpose of the determination under this paragraph of any

additional investigation with respect to any activity of such

veterans during such service.

"(2) Upon the request of the Advisory Committee, the Secretary of

Veterans Affairs (after seeking such assistance from the Secretary

of Defense as is necessary and appropriate) shall make available to

the Advisory Committee records and other information relating to

the service referred to in paragraph (1) that may assist the

Advisory Committee in carrying out the review and recommendation

referred to in that paragraph.

"(3) The Advisory Committee shall submit to the Secretary of

Veterans Affairs the report referred to in paragraph (1)(C) not

later than August 1, 1993.

"(b) Investigation Plan and Report. - (1) Upon receipt of the

report referred to in subparagraph (C) of subsection (a)(1), the

Secretary of Veterans Affairs shall -

"(A) identify which of the activities referred to in that

subparagraph, if any, that the Secretary intends to investigate

more fully for the purpose of making the determination referred

to in that subsection; and

"(B) prepare a plan (including a deadline for the plan) to

carry out that investigation and make that determination.

"(2) Not later than December 1, 1993, the Secretary shall submit

to the Committees on Veterans' Affairs of the Senate and House of

Representatives a report containing -

"(A) a list of the activities identified by the Secretary

pursuant to paragraph (1)(A) and the basis of such

identification;

"(B) a copy of the report of the Advisory Committee referred to

in subsection (a)(1)(C); and

"(C) the plan referred to in paragraph (1)(B)."

INTERIM BENEFITS FOR DISABILITY OR DEATH IN CERTAIN CASES

Section 9 of Pub. L. 98-542 provided for payment of interim

monthly disability benefits to veterans who had served in Vietnam

during Vietnam era and who had diseases chloracne and porphyria

cutanea tarda which manifested themselves within one year after

date of veteran's most recent departure from Vietnam, but with no

such interim benefits to be paid after Sept. 30, 1986.

RADIATION EXPOSURE STUDY AND GUIDE

Pub. L. 98-160, title VI, Nov. 21, 1983, 97 Stat. 1006, as

amended by Pub. L. 98-542, Sec. 8(b), Oct. 24, 1984, 98 Stat. 2732,

provided for the conduct of an epidemiological study of long-term

adverse health effects of exposure to ionizing radiation from

detonation of nuclear devices in connection with tests of such

devices or in connection with occupation of Hiroshima and Nagasaki,

Japan, between Sept. 11, 1945, and July 1, 1946, and provided for

reports to Congress on studies made together with recommendations

as to necessary legislation.

-End-

-CITE-

38 USC Sec. 1155 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1155. Authority for schedule for rating disabilities

-STATUTE-

The Secretary shall adopt and apply a schedule of ratings of

reductions in earning capacity from specific injuries or

combination of injuries. The ratings shall be based, as far as

practicable, upon the average impairments of earning capacity

resulting from such injuries in civil occupations. The schedule

shall be constructed so as to provide ten grades of disability and

no more, upon which payments of compensation shall be based,

namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent,

60 percent, 70 percent, 80 percent, 90 percent, and total, 100

percent. The Secretary shall from time to time readjust this

schedule of ratings in accordance with experience. However, in no

event shall such a readjustment in the rating schedule cause a

veteran's disability rating in effect on the effective date of the

readjustment to be reduced unless an improvement in the veteran's

disability is shown to have occurred.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, Sec. 355; Pub. L.

98-223, title I, Sec. 101(c), Mar. 2, 1984, 98 Stat. 38; renumbered

Sec. 1155 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),

Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-86, title I, Sec.

103(a), Aug. 14, 1991, 105 Stat. 414.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-86 amended this section as in effect before

the redesignations made by Pub. L. 102-83, Sec. 5, by inserting at

end "However, in no event shall such a readjustment in the rating

schedule cause a veteran's disability rating in effect on the

effective date of the readjustment to be reduced unless an

improvement in the veteran's disability is shown to have occurred."

Pub. L. 102-83, Sec. 5(a), renumbered section 355 of this title

as this section.

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

"Administrator" in two places.

1984 - Pub. L. 98-223 substituted "percent" for "per centum"

wherever appearing.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 103(b) of Pub. L. 102-86 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

regard to changes in rating schedules that take effect after the

date of the enactment of this Act [Aug. 14, 1991]."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section

107 of Pub. L. 98-223, set out as a note under section 1114 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 502, 7252, 7292 of this

title.

-End-

-CITE-

38 USC Sec. 1156 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

[Sec. 1156. Vacant]

-COD-

CODIFICATION

Prior to renumbering of sections 301 to 363 of this chapter as

sections 1101 to 1163 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,

105 Stat. 406, section 356 of this chapter, Pub. L. 85-857, Sept.

2, 1958, 72 Stat. 1125, which provided for a minimum rating for

veterans with arrested tuberculosis, was repealed by Pub. L.

90-493, Sec. 4, Aug. 19, 1968, 82 Stat. 809, but repeal not

applicable in case of veteran who on Aug. 19, 1968, was receiving

or entitled to receive compensation for tuberculosis which in the

judgment of the Administrator had reached a condition of complete

arrest.

-End-

-CITE-

38 USC Sec. 1157 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1157. Combination of certain ratings

-STATUTE-

The Secretary shall provide for the combination of ratings and

pay compensation at the rates prescribed in subchapter II of this

chapter to those veterans who served during a period of war and

during any other time, who have suffered disability in line of duty

in each period of service.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, Sec. 357; renumbered

Sec. 1157 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),

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

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 357 of this

title as this section.

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

"Administrator".

-End-

-CITE-

38 USC Sec. 1158 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1158. Disappearance

-STATUTE-

Where a veteran receiving compensation under this chapter

disappears, the Secretary may pay the compensation otherwise

payable to the veteran to such veteran's spouse, children, and

parents. Payments made to such spouse, child, or parent under the

preceding sentence shall not exceed the amounts payable to each if

the veteran had died from service-connected disability.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1125, Sec. 358; Pub. L.

86-212, Sept. 1, 1959, 73 Stat. 436; Pub. L. 94-433, title IV, Sec.

404(21), Sept. 30, 1976, 90 Stat. 1379; renumbered Sec. 1158 and

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

105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 358 of this

title as this section.

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

"Administrator".

1976 - Pub. L. 94-433 struck out ", in his discretion," after

"Administrator" and substituted "such veteran's spouse" for "his

wife" and "such spouse" for "a wife".

1959 - Pub. L. 86-212 substituted "a veteran" for "an incompetent

veteran".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

-End-

-CITE-

38 USC Sec. 1159 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1159. Protection of service connection

-STATUTE-

Service connection for any disability or death granted under this

title which has been in force for ten or more years shall not be

severed on or after January 1, 1962, except upon a showing that the

original grant of service connection was based on fraud or it is

clearly shown from military records that the person concerned did

not have the requisite service or character of discharge. The

mentioned period shall be computed from the date determined by the

Secretary as the date on which the status commenced for rating

purposes.

-SOURCE-

(Added Pub. L. 86-501, Sec. 1, June 10, 1960, 74 Stat. 195, Sec.

359; amended Pub. L. 87-825, Sec. 6, Oct. 15, 1962, 76 Stat. 950;

renumbered Sec. 1159 and amended Pub. L. 102-83, Secs. 4(b)(1),

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

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 359 of this

title as this section.

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

"Administrator".

1962 - Pub. L. 87-825 provided for computation of the period from

the date the administrator determines as the date the status

commenced for rating purposes.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-825 effective first day of second

calendar month which begins after Oct. 15, 1962, see section 7 of

Pub. L. 87-825, set out as a note under section 110 of this title.

-End-

-CITE-

38 USC Sec. 1160 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1160. Special consideration for certain cases of loss of

paired organs or extremities

-STATUTE-

(a) Where a veteran has suffered -

(1) blindness in one eye as a result of service-connected

disability and blindness in the other eye as a result of

non-service-connected disability not the result of the veteran's

own willful misconduct;

(2) the loss or loss of use of one kidney as a result of

service-connected disability and involvement of the other kidney

as a result of non-service-connected disability not the result of

the veteran's own willful misconduct;

(3) deafness compensable to a degree of 10 percent or more in

one ear as a result of service-connected disability and deafness

in the other ear as the result of non-service-connected

disability not the result of the veteran's own willful

misconduct;

(4) the loss or loss of use of one hand or one foot as a result

of service-connected disability and the loss or loss of use of

the other hand or foot as a result of non-service-connected

disability not the result of the veteran's own willful

misconduct; or

(5) permanent service-connected disability of one lung, rated

50 percent or more disabling, in combination with a

non-service-connected disability of the other lung that is not

the result of the veteran's own willful misconduct,

the Secretary shall assign and pay to the veteran the applicable

rate of compensation under this chapter as if the combination of

disabilities were the result of service-connected disability.

(b) If a veteran described in subsection (a) of this section

receives any money or property of value pursuant to an award in a

judicial proceeding based upon, or a settlement or compromise of,

any cause of action for damages for the non-service-connected

disability described in such subsection, the increase in the rate

of compensation otherwise payable under this section shall not be

paid for any month following a month in which any such money or

property is received until such time as the total of the amount of

such increase that would otherwise have been payable equals the

total of the amount of any such money received and the fair market

value of any such property received.

-SOURCE-

(Added Pub. L. 87-610, Sec. 1, Aug. 28, 1962, 76 Stat. 406, Sec.

360; amended Pub. L. 89-311, Sec. 3(a), (b), Oct. 31, 1965, 79

Stat. 1155; Pub. L. 94-433, title IV, Sec. 404(22), Sept. 30, 1976,

90 Stat. 1379; Pub. L. 98-160, title VII, Sec. 702(3), Nov. 21,

1983, 97 Stat. 1009; Pub. L. 99-576, title I, Sec. 109(a)(1), Oct.

28, 1986, 100 Stat. 3253; renumbered Sec. 1160 and amended Pub. L.

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

404-406; Pub. L. 107-330, title I, Sec. 103, Dec. 6, 2002, 116

Stat. 2821.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-330 substituted "deafness

compensable to a degree of 10 percent or more in one ear" for

"total deafness in one ear" and "deafness in the other ear" for

"total deafness in the other ear".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 360 of this

title as this section.

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

"Secretary" for "Administrator" in concluding provisions.

1986 - Pub. L. 99-576 amended section generally, substituting

"loss of paired organs or extremities" for "blindness or bilateral

kidney involvement or bilateral deafness" in section catchline.

Prior to amendment, text of section read as follows: "Where any

veteran (1) has suffered blindness in one eye as a result of

service-connected disability and has suffered blindness in the

other eye as a result of non-service-connected disability not the

result of such veteran's own willful misconduct, or (2) has

suffered the loss or loss of use of one kidney as a result of

service-connected disability, and has suffered severe involvement

of the other kidney such as to cause total disability, as a result

of non-service-connected disability not the result of such

veteran's own willful misconduct, or (3) has suffered total

deafness in one ear as a result of service-connected disability and

has suffered total deafness in the other ear as the result of

non-service-connected disability not the result of such veteran's

own willful misconduct, the Administrator shall assign and pay to

the veteran concerned the applicable rate of compensation under

this chapter as if such veteran's blindness in both eyes or such

bilateral kidney involvement were the result of service-connected

disability."

1983 - Pub. L. 98-160 substituted "(1) has suffered" for "has

suffered (1)".

1976 - Pub. L. 94-433 substituted "such veteran's" for "his"

wherever appearing.

1965 - Pub. L. 89-311 added cl. (3) referring to total deafness

in one ear as a result of service-connected disability and total

deafness in the other ear as the result of non-service-connected

disability not the result of his own willful misconduct, inserted

reference to total deafness in both ears and, in section catchline,

inserted reference to bilateral deafness.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 109(c) of Pub. L. 99-576 provided that:

"(1) Except as provided in paragraph (2), the amendments made by

this section [amending this section and section 314 [now 1114] of

this title] shall take effect on the date of the enactment of this

Act [Oct. 28, 1986].

"(2) In the case of an award of compensation for a disability

described in clause (1), (2), (3), or (5) of subsection (a) of

section 360 [now 1160] of title 38, United States Code, as amended

by subsection (a) of this section, subsection (b) of such section

shall apply only to awards of compensation made on or after the

date of the enactment of this Act [Oct. 28, 1986]."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

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.

-End-

-CITE-

38 USC Sec. 1161 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1161. Payment of disability compensation in disability

severance cases

-STATUTE-

The deduction of disability severance pay from disability

compensation, as required by section 1212(c) of title 10, shall be

made at a monthly rate not in excess of the rate of compensation to

which the former member would be entitled based on the degree of

such former member's disability as determined on the initial

Department rating.

-SOURCE-

(Added Pub. L. 91-241, May 7, 1970, 84 Stat. 203, Sec. 361; amended

Pub. L. 94-433, title IV, Sec. 404(23), Sept. 30, 1976, 90 Stat.

1379; Pub. L. 98-160, title VII, Sec. 702(4), Nov. 21, 1983, 97

Stat. 1009; renumbered Sec. 1161 and amended Pub. L. 102-83, Secs.

4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 361 of this

title as this section.

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

"Veterans' Administration".

1983 - Pub. L. 98-160 struck out "United States Code," after

"title 10,".

1976 - Pub. L. 94-433 substituted "such former member's" for

"his".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

-End-

-CITE-

38 USC Sec. 1162 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1162. Clothing allowance

-STATUTE-

The Secretary under regulations which the Secretary shall

prescribe, shall pay a clothing allowance of $588 per year to each

veteran who -

(1) because of a service-connected disability, wears or uses a

prosthetic or orthopedic appliance (including a wheelchair) which

the Secretary determines tends to wear out or tear the clothing

of the veteran; or

(2) uses medication which (A) a physician has prescribed for a

skin condition which is due to a service-connected disability,

and (B) the Secretary determines causes irreparable damage to the

veteran's outergarments.

-SOURCE-

(Added Pub. L. 92-328, title I, Sec. 103(a), June 30, 1972, 86

Stat. 394, Sec. 362; amended Pub. L. 94-71, title I, Sec. 103, Aug.

5, 1975, 89 Stat. 396; Pub. L. 94-433, title III, Sec. 301, title

IV, Sec. 404(24), Sept. 30, 1976, 90 Stat. 1377, 1379; Pub. L.

95-117, title III, Sec. 301, Oct. 3, 1977, 91 Stat. 1065; Pub. L.

95-479, title I, Sec. 103, Oct. 18, 1978, 92 Stat. 1562; Pub. L.

96-128, title I, Sec. 103, Nov. 28, 1979, 93 Stat. 984; Pub. L.

96-385, title I, Sec. 103, Oct. 7, 1980, 94 Stat. 1529; Pub. L.

97-66, title I, Sec. 103, Oct. 17, 1981, 95 Stat. 1027; Pub. L.

97-253, title IV, Sec. 405(d), Sept. 8, 1982, 96 Stat. 804; Pub. L.

97-306, title I, Secs. 103, 107, Oct. 14, 1982, 96 Stat. 1430,

1431; Pub. L. 98-223, title I, Sec. 103, Mar. 2, 1984, 98 Stat. 38;

Pub. L. 98-543, title I, Sec. 103, Oct. 24, 1984, 98 Stat. 2736;

Pub. L. 99-238, title I, Sec. 103, Jan. 13, 1986, 99 Stat. 1766;

Pub. L. 99-576, title I, Sec. 103, Oct. 28, 1986, 100 Stat. 3251;

Pub. L. 100-227, title I, Sec. 103, Dec. 31, 1987, 101 Stat. 1553;

Pub. L. 100-687, div. B, title XI, Sec. 1103, Nov. 18, 1988, 102

Stat. 4124; Pub. L. 101-237, title I, Secs. 103, 112, Dec. 18,

1989, 103 Stat. 2063, 2065; Pub. L. 102-3, Sec. 4, Feb. 6, 1991,

105 Stat. 8; renumbered Sec. 1162, Pub. L. 102-83, Sec. 5(a), Aug.

6, 1991, 105 Stat. 406; Pub. L. 102-152, Sec. 4, Nov. 12, 1991, 105

Stat. 986; Pub. L. 103-78, Sec. 3, Aug. 13, 1993, 107 Stat. 768;

Pub. L. 103-140, Sec. 4, Nov. 11, 1993, 107 Stat. 1486; Pub. L.

105-98, Sec. 4, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106-118,

Sec. 4, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107-94, Sec. 4, Dec.

21, 2001, 115 Stat. 901; Pub. L. 107-330, title III, Sec. 309(c),

Dec. 6, 2002, 116 Stat. 2830.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-330 substituted "$588" for "$580".

2001 - Pub. L. 107-94 substituted "$580" for "$546".

1999 - Pub. L. 106-118 substituted "$546" for "$528".

1997 - Pub. L. 105-98 substituted "$528" for "$478".

1993 - Pub. L. 103-140 substituted "$478" for "$466".

Pub. L. 103-78 substituted "$466" for "$452".

1991 - Pub. L. 102-152 substituted "$452" for "$436".

Pub. L. 102-83 renumbered section 362 of this title as this

section.

Pub. L. 102-3 substituted "$436" for "$414".

1989 - Pub. L. 101-237, Sec. 112, substituted "Secretary under"

for "Administrator under" and "Secretary shall" for "Administrator

shall", and substituted "who - " and pars. (1) and (2) for "who

because of disability which is compensable under the provisions of

this chapter, wears or uses prosthetic or orthopedic appliance or

appliances (including a wheelchair) which the Administrator

determines tends to wear out or tear the clothing of such a

veteran."

Pub. L. 101-237, Sec. 103, substituted "$414" for "$395".

1988 - Pub. L. 100-687 substituted "$395" for "$380".

1987 - Pub. L. 100-227 substituted "$380" for "$365".

1986 - Pub. L. 99-576 substituted "$365" for "$360".

Pub. L. 99-238 substituted "$360" for "$349".

1984 - Pub. L. 98-543 substituted "$349" for "$338".

Pub. L. 98-223 substituted "$338" for "$327".

1982 - Pub. L. 97-306, Secs. 103, 107, 108, substituted "$327"

for "$305" and repealed amendment made by Pub. L. 97-253, Sec.

405(d), eff. Oct. 1, 1982.

Pub. L. 97-253, Sec. 405(d), (h), eff. Jan. 1, 1983, substituted

"$304" for "$305" after "clothing allowance of".

1981 - Pub. L. 97-66 substituted "$305" for "$274".

1980 - Pub. L. 96-385 substituted "$274" for "$240".

1979 - Pub. L. 96-128 substituted "$240" for "$218".

1978 - Pub. L. 95-479 substituted "$218" for "$203".

1977 - Pub. L. 95-117 substituted "$203" for "$190".

1976 - Pub. L. 94-433, Secs. 301, 404(24), substituted "$190" for

"$175" and "the Administrator shall prescribe" for "he shall

prescribe".

1975 - Pub. L. 94-71 substituted $175 for $150.

EFFECTIVE DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-94 effective Dec. 1, 2001, see section 7

of Pub. L. 107-94, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-118 effective Dec. 1, 1999, see section

7 of Pub. L. 106-118, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-98 effective Dec. 1, 1997, see section 7

of Pub. L. 105-98, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-140 effective Dec. 1, 1993, see section

7 of Pub. L. 103-140, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1991 AMENDMENTS

Amendment by Pub. L. 102-152 effective Dec. 1, 1991, see section

7 of Pub. L. 102-152, set out as a note under section 1114 of this

title.

Amendment by Pub. L. 102-3 effective Jan. 1, 1991, see section 7

of Pub. L. 102-3, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 103 of Pub. L. 101-237 effective Dec. 1,

1989, see section 106 of Pub. L. 101-237, set out as a note under

section 1114 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-687 effective Dec. 1, 1988, see section

1106 of Pub. L. 100-687, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-227 effective Dec. 1, 1987, see section

107 of Pub. L. 100-227, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENTS

Amendment by Pub. L. 99-576 effective Dec. 1, 1986, but not

effective unless benefit amounts payable under section 401 et seq.

of Title 42, The Public Health and Welfare, are increased effective

Dec. 1, 1986, as a result of a determination under section 415(i)

of Title 42, see section 107 of Pub. L. 99-576, set out as a note

under section 1114 of this title.

Amendment by Pub. L. 99-238 effective Dec. 1, 1985, see section

107 of Pub. L. 99-238, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1984 AMENDMENTS

Amendment by Pub. L. 98-543 effective Dec. 1, 1984, see section

107 of Pub. L. 98-543, set out as a note under section 1114 of this

title.

Amendment by Pub. L. 98-223 effective Apr. 1, 1984, see section

107 of Pub. L. 98-223, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-306 effective Oct. 1, 1982, see section

108 of Pub. L. 97-306, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 effective Oct. 1, 1981, see section

701(a) of Pub. L. 97-66, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-385 applicable only to payments for

months beginning after Sept. 30, 1980, see section 601(a) of Pub.

L. 96-385, set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-128 effective Oct. 1, 1979, see section

601(a)(1) of Pub. L. 96-128, set out as a note under section 1114

of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section

401(a) of Pub. L. 95-479, set out as a note under section 1114 of

this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Amendment by Pub. L. 95-117 effective Oct. 1, 1977, see section

501 of Pub. L. 95-117, set out as a note under section 1114 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-433 effective Oct. 1, 1976, see section

406 of Pub. L. 94-433, set out as a note under section 1101 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 94-71 effective Aug. 1, 1975, see section

301 of Pub. L. 94-71, set out as a note under section 1114 of this

title.

EFFECTIVE DATE

Section 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 an Effective Date of 1972 Amendment note under section 1114 of

this title.

REPEAL

Section 405(d) of Pub. L. 97-253, cited as a credit to this

section, was repealed by Pub. L. 97-306, Secs. 107, 108, Oct. 14,

1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.

DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION

RATE INCREASES

For increases in rates and limitations on Department of Veterans

Affairs disability compensation and dependency and indemnity

compensation, see notes set out under section 1114 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5313A of this title.

-End-

-CITE-

38 USC Sec. 1163 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 11 - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER VI - GENERAL COMPENSATION PROVISIONS

-HEAD-

Sec. 1163. Trial work periods and vocational rehabilitation for

certain veterans with total disability ratings

-STATUTE-

(a)(1) The disability rating of a qualified veteran who begins to

engage in a substantially gainful occupation after January 31,

1985, may not be reduced on the basis of the veteran having secured

and followed a substantially gainful occupation unless the veteran

maintains such an occupation for a period of 12 consecutive months.

(2) For purposes of this section, the term "qualified veteran"

means a veteran who has a service-connected disability, or

service-connected disabilities, not rated as total but who has been

awarded a rating of total disability by reason of inability to

secure or follow a substantially gainful occupation as a result of

such disability or disabilities.

(b) The Secretary shall make counseling services described in

section 3104(a)(2) of this title and placement and postplacement

services described in section 3104(a)(5) of this title available to

each qualified veteran (whether or not the veteran is participating

in a vocational rehabilitation program under chapter 31 of this

title).

(c)(1) In the case of each award after January 31, 1985, of a

rating of total disability described in subsection (a)(2) of this

section to a veteran, the Secretary shall provide to the veteran,

at the time that notice of the award is provided to the veteran, a

statement providing -

(A) notice of the provisions of this section;

(B) information explaining the purposes and availability of and

eligibility for, and the procedures for pursuing, a vocational

rehabilitation program under chapter 31 of this title; and

(C) a summary description of the scope of services and

assistance available under that chapter.

(2) After providing the notice required under paragraph (1) of

this subsection, the Secretary shall offer the veteran the

opportunity for an evaluation under section 3106(a) of this title.

-SOURCE-

(Added Pub. L. 98-543, title I, Sec. 111(a)(1), Oct. 24, 1984, 98

Stat. 2738, Sec. 363; amended Pub. L. 100-687, div. B, title XIII,

Sec. 1301, Nov. 18, 1988, 102 Stat. 4127; renumbered Sec. 1163 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. 102-291, Sec. 2(a), May 20,

1992, 106 Stat. 178; Pub. L. 102-568, title IV, Sec. 401(a)-(d)(1),

Oct. 29, 1992, 106 Stat. 4336.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-568, Sec. 401(d)(1), substituted "Trial work

periods and vocational rehabilitation for certain veterans with

total disability ratings" for "Temporary program for trial work

periods and vocational rehabilitation for certain veterans with

total disability ratings" as section catchline.

Subsec. (a)(1). Pub. L. 102-568, Sec. 401(a)(1), substituted

"after January 31, 1985," for "during the program period".

Subsec. (a)(2). Pub. L. 102-568, Sec. 401(a)(2), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "For

purposes of this section:

"(A) The term 'qualified veteran' means a veteran who has a

service-connected disability, or service-connected disabilities,

not rated as total but who has been awarded a rating of total

disability by reason of inability to secure or follow a

substantially gainful occupation as a result of such disability

or disabilities.

"(B) The term 'program period' means the period beginning on

February 1, 1985, and ending on December 31, 1992."

Pub. L. 102-291 substituted "December 31, 1992" for "January 31,

1992" in subpar. (B).

Subsec. (b). Pub. L. 102-568, Sec. 401(b), substituted "The

Secretary" for "During the program period, the Secretary".

Subsec. (c)(1). Pub. L. 102-568, Sec. 401(c), substituted "after

January 31, 1985, of a rating of total disability described in

subsection (a)(2)" for "during the program period of a rating of

total disability described in subsection (a)(2)(A)".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 363 of this

title as this section.

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

"3104(a)(2)" for "1504(a)(2)" and "3104(a)(5)" for "1504(a)(5)".

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

"Administrator".

Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "3106(a)"

for "1506(a)" in par. (2).

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

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

1988 - Subsec. (a)(2)(B). Pub. L. 100-687, Sec. 1301(a),

substituted "1992" for "1989".

Subsec. (c)(1). Pub. L. 100-687, Sec. 1301(b)(2), (3),

substituted "(1) In" for "(1)(A) Except as provided in paragraph

(4) of this subsection, in", redesignated cls. (i), (ii), and (iii)

as subpars. (A), (B), and (C), respectively, and struck out former

subpar. (B) which required that, after providing notice,

Administrator arrange promptly for evaluation to determine whether

achievement of vocational goal by veteran is feasible.

Subsec. (c)(2). Pub. L. 100-687, Sec. 1301(b)(1), (3)(B), added

par. (2) and struck out former par. (2) which related to failure of

veteran to participate in evaluation, and reduction of disability

rating.

Subsec. (c)(3). Pub. L. 100-687, Sec. 1301(b)(1), struck out par.

(3) which related to individualized written plan of vocational

rehabilitation after completion of evaluation, and failure to

pursue program of vocational rehabilitation described in such plan.

Subsec. (c)(4). Pub. L. 100-687, Sec. 1301(b)(1), struck out par.

(4) which read as follows: "This subsection does not apply with

respect to a veteran as to whom the Administrator determines that

an evaluation of vocational rehabilitation potential or achievement

of a vocational goal is not reasonably feasible."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 2(d) of Pub. L. 102-291 provided that: "The amendments

made by subsections (a) through (c) [amending this section and

sections 1524 and 1525 of this title] shall take effect as of

January 31, 1992."

RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING

LAPSED PERIOD

Section 2(e) of Pub. L. 102-291 provided that: "The following

actions of the Secretary of Veterans Affairs during the period

beginning on February 1, 1992, and ending on the date of the

enactment of this Act [May 20, 1992] are hereby ratified with

respect to that period:

"(1) A failure to reduce the disability rating of a veteran who

began to engage in a substantially gainful occupation during that

period.

"(2) The provision of a vocational training program (including

related evaluations and other related services) to a veteran

under section 1524 of title 38, United States Code, and the

making of related determinations under that section.

"(3) The provision of health care and services to a veteran

pursuant to section 1525 of title 38, United States Code."

INFORMATION; TEMPORARY PROGRAM; ADMINISTRATOR

Section 111(b) of Pub. L. 98-543 directed Administrator of

Veterans' Affairs to provide, not later than Apr. 1, 1985, to

certain veterans with service-connected disabilities, a statement

containing information explaining subsec. (b) of this section,

information explaining purposes and availability of and eligibility

for, and procedures for pursuing, a vocational rehabilitation

program under chapter 31 of this title, and a summary description

of scope of services and assistance available under chapter 31.

REPORT TO CONGRESSIONAL COMMITTEES; TRIAL PROGRAM

Section 111(c) of Pub. L. 98-543, as amended by Pub. L. 99-576,

title VII, Sec. 703(a)(2), Oct. 28, 1986, 100 Stat. 3303, directed

Administrator of Veterans' Affairs to submit, not later than Apr.

15, 1988, to Committees on Veterans' Affairs of Senate and House of

Representatives a report on results of implementation of this

section during the three-year period beginning on Feb. 1, 1985.

-End-