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Title 38 — Veterans’ Benefits

Part II · Chapter 11 — Compensation for Service-Connected Disability or Death

§ 1161. Payment of disability compensation in disability severance cases

Statutory text

The deduction of disability severance pay from disability compensation, to the extent required by section 1212(d) of title 10, shall be made at a monthly rate not in excess of the rate of compensation to which the former member would be entitled based on the degree of such former member’s disability as determined on the initial Department rating.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 91–241 · 84 Stat. 203

    Enacted · 38 U.S.C. § 1161

    Added Pub. L. 91–241, May 7, 1970, 84 Stat. 203, § 361

    Source evidence

    Code source credit
    Added Pub. L. 91–241, May 7, 1970, 84 Stat. 203, § 361

  2. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 title IV § 404(23) · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1161

    Pub. L. 94–433 substituted “such former member’s” for “his”

    Source evidence

    Code amendment note
    Pub. L. 94–433 substituted “such former member’s” for “his”.

    Enacted provision · exact public law section
    (23) by striking out in section 361 “his” and inserting in lieu thereof “such former member’s”; and

  3. Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 title VII § 702(4) · 97 Stat. 993

    Struck · 38 U.S.C. § 1161

    Pub. L. 98–160 struck out “United States Code,” after “title 10,”

    Source evidence

    Code amendment note
    Pub. L. 98–160 struck out “United States Code,” after “title 10,”.

    Enacted provision · exact public law section
    (4) Section 361 is amended by striking out “United States Code,”.

  4. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 1161

    Pub. L. 102–83, § 5(a), renumbered section 361 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 361 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  5. Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1161

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

  6. Wounded Warrior Act

    Pub. L. 110–181 § 1646(c) · 122 Stat. 3

    1. Added · 38 U.S.C. § 1161

      Pub. L. 110–181, § 1646(c), as added by Pub. L. 110–389, § 103(a)(2)

    2. Substituted · 38 U.S.C. § 1161

      Pub. L. 110–181, § 1646(c), as substituted “to the extent required by section 1212(d) of title 10” for “as required by section 1212(c) of title 10”

    Source evidence

    Code amendment note
    Pub. L. 110–181, § 1646(c), as added by Pub. L. 110–389, § 103(a)(2), substituted “to the extent required by section 1212(d) of title 10” for “as required by section 1212(c) of title 10”.

    Enacted provision · exact public law section
    (c) Effective Date.— The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to members of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date.

    Effective date note
    Pub. L. 110–389, title I, § 103(b), Oct. 10, 2008, 122 Stat. 4148, provided that: “The amendments made by subsection (a) [adding section 1646(c) to Pub. L. 110–181 and provisions set out as a note under section 1212 of Title 10, Armed Forces] shall take effect on January 28, 2008 (the date of the enactment of the Wounded Warrior Act [title XVI of Pub. L. 110–181]), as if included in that Act, to which they relate.” Amendment by section 1646(c) of Pub. L. 110–181 effective Jan. 28, 2008, and applicable with respect to members of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date, see section 1646(d) of Pub. L. 110–181, set out as a note under section 1212 of Title 10, Armed Forces.

6 of 7 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1976–2008 · 4 rounds

2008

Pub. L. 110–181, § 1646(c), as added by Pub. L. 110–389, § 103(a)(2), substituted “to the extent required by section 1212(d) of title 10” for “as required by section 1212(c) of title 10”.

1991

Pub. L. 102–83, § 5(a), renumbered section 361 of this title as this section.

Pub. L. 102–83, § 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–389, title I, § 103(b), , 122 Stat. 4148, provided that: “The amendments made by subsection (a) [adding section 1646(c) to Pub. L. 110–181 and provisions set out as a note under section 1212 of Title 10, Armed Forces] shall take effect on (the date of the enactment of the Wounded Warrior Act [title XVI of Pub. L. 110–181]), as if included in that Act, to which they relate.”

Amendment by section 1646(c) of Pub. L. 110–181 effective , and applicable with respect to members of the Armed Forces separated from the Armed Forces under chapter 61 of title 10, United States Code, on or after that date, see section 1646(d) of Pub. L. 110–181, set out as a note under section 1212 of Title 10, Armed Forces.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective , see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Credits

1970–2008 · 5 acts
  1. 1970Added Pub. L. 91–241, , 84 Stat. 203, § 361
  2. 1976amended Pub. L. 94–433, title IV, § 404(23), , 90 Stat. 1379
  3. 1983Pub. L. 98–160, title VII, § 702(4), , 97 Stat. 1009
  4. 1991renumbered § 1161 and amended Pub. L. 102–83, §§ 4(a)(3), (4), 5(a), , 105 Stat. 404, 406
  5. 2008Pub. L. 110–181, div. A, title XVI, § 1646(c), as added Pub. L. 110–389, title I, § 103(a)(2), , 122 Stat. 4148.
Show as published

(Added Pub. L. 91–241, , 84 Stat. 203, § 361; amended Pub. L. 94–433, title IV, § 404(23), , 90 Stat. 1379; Pub. L. 98–160, title VII, § 702(4), , 97 Stat. 1009; renumbered § 1161 and amended Pub. L. 102–83, §§ 4(a)(3), (4), 5(a), , 105 Stat. 404, 406; Pub. L. 110–181, div. A, title XVI, § 1646(c), as added Pub. L. 110–389, title I, § 103(a)(2), , 122 Stat. 4148.)

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