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.
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, § 361Veterans 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”; andVeterans’ 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,”.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.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”.Wounded Warrior Act
Pub. L. 110–181 § 1646(c) · 122 Stat. 3
Added · 38 U.S.C. § 1161
Pub. L. 110–181, § 1646(c), as added by Pub. L. 110–389, § 103(a)(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
- 1970Added Pub. L. 91–241, , 84 Stat. 203, § 361
- 1976amended Pub. L. 94–433, title IV, § 404(23), , 90 Stat. 1379
- 1983Pub. L. 98–160, title VII, § 702(4), , 97 Stat. 1009
- 1991renumbered § 1161 and amended Pub. L. 102–83, §§ 4(a)(3), (4), 5(a), , 105 Stat. 404, 406
- 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.)