Title 38 — Veterans’ Benefits
Part II · Chapter 11 — Compensation for Service-Connected Disability or Death
§ 1162. Clothing allowance
Statutory text
Eligibility Requirements.—
The Secretary, under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $716 1 per year to each veteran who—
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
uses medication which—
a physician has prescribed for a skin condition which is due to a service-connected disability; and
the Secretary determines causes irreparable damage to the veteran’s outergarments.
Continuous Nature of Payments.—
Payments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following:
The date on which the veteran elects to no longer receive such payments.
The date on which the Secretary determines the veteran is no longer eligible pursuant to subsection (c).
Reviews of Claims.—
The Secretary shall, in accordance with this subsection, conduct reviews of a claim on which a clothing allowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance.
The Secretary shall prescribe standards for determining whether a claim for a clothing allowance is based on a veteran’s wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication whose wear or tear or irreparable damage on a veteran’s outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use.
If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irreparable damage that is as likely as not subject to no change, the veteran shall continue to be deemed eligible for receipt of a clothing allowance under this section until the Secretary—
receives notice under subparagraph (B); or
finds otherwise under subparagraph (C) or (D).
The Secretary shall require a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, to notify the Secretary when the veteran terminates the wearing or use of such a prosthetic, orthopedic appliance, or medication.
For each veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, the Secretary shall periodically review the veteran’s Department records for evidence that the veteran has terminated the wearing or use of such a prosthetic, orthopedic appliance, or medication.
If a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, has received such clothing allowance beyond the prescribed or intended lifespan of such prosthetic, orthopedic appliance, or medication, the Secretary may periodically request the veteran to attest to continued usage.
If the Secretary determines that a claim for a clothing allowance under subsection (a) does not meet the requirements of paragraph (3)(A), then the Secretary may require the veteran to recertify the veteran’s continued eligibility for a clothing allowance under this section periodically, but not more frequently than once each year.
When reviewing a claim under this subsection, the Secretary shall evaluate the evidence presented by the veteran and such other relevant evidence as the Secretary determines appropriate.
Determination Regarding Continued Eligibility.—
If the Secretary determines, as the result of a review of a claim conducted under subsection (c), that the veteran who submitted such claim no longer meets the requirements specified in subsection (a), the Secretary shall—
provide to the veteran notice of such determination that includes a description of applicable actions that may be taken following the determination, including the actions specified in section 5104C of this title; and
discontinue the clothing allowance based on such claim.
Footnotes
- 1 See Special Benefit Allowance Rates note below.
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.
Veterans’ Compensation and Relief Act of 1972
Pub. L. 92–328 title I § 103(a) · 86 Stat. 393
Enacted · 38 U.S.C. § 1162
Added Pub. L. 92–328, title I, § 103(a), June 30, 1972, 86 Stat. 394, § 362
Source evidence
Code source credit
Added Pub. L. 92–328, title I, § 103(a), June 30, 1972, 86 Stat. 394, § 362Enacted provision · exact public law section
(a) Chapter 11 of title 38, United States Code, is amended by adding at the end thereof the following new section: “§ 362. Clothing allowance “The Administrator under regulations which he shall prescribe, shall pay a clothing allowance of $150 per year to each veteran who because of disability which is compensable under the provisions of this chapter, wears or uses a 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.”Veterans Disability Compensation and Survivor Benefits Act of 1975
Pub. L. 94–71 title I § 103 · 89 Stat. 395
Substituted · 38 U.S.C. § 1162
Pub. L. 94–71 substituted “$175” for “$150”
Source evidence
Code amendment note
Pub. L. 94–71 substituted “$175” for “$150”.Enacted provision · exact public law section
Sec. 103. Section 362 of title 38, United States Code, is amended by striking out “$150” and inserting in lieu thereof “$175”.Veterans Disability Compensation and Survivor Benefits Act of 1976
Pub. L. 94–433 title III § 301 · 90 Stat. 1374
Substituted · 38 U.S.C. § 1162
Pub. L. 94–433, §§ 301, 404(24), substituted “$190” for “$175”
Substituted · 38 U.S.C. § 1162
Pub. L. 94–433, §§ 301, 404(24), substituted “the Administrator shall prescribe” for “he shall prescribe”
Source evidence
Code amendment note
Pub. L. 94–433, §§ 301, 404(24), substituted “$190” for “$175” and “the Administrator shall prescribe” for “he shall prescribe”.Enacted provision · exact public law section
Sec. 301. Section 362 of title 38, United States Code, is amended by Clothing allowance. Mortgage Protection Life Insurance. striking out “$175” and inserting in lieu thereof “$190”.Veterans Disability Compensation and Survivor Benefits Act of 1977
Pub. L. 95–117 title III § 301 · 91 Stat. 1063
Substituted · 38 U.S.C. § 1162
Pub. L. 95–117 substituted “$203” for “$190”
Source evidence
Code amendment note
Pub. L. 95–117 substituted “$203” for “$190”.Enacted provision · exact public law section
Sec. 301. Section 362 of title 38, United States Code, is amended by striking out “$190” and inserting in lieu thereof “$203”.Veterans’ Disability Compensation and Survivors’ Benefits Act of 1978
Pub. L. 95–479 title I § 103 · 92 Stat. 1560
Substituted · 38 U.S.C. § 1162
Pub. L. 95–479 substituted “$218” for “$203”
Source evidence
Code amendment note
Pub. L. 95–479 substituted “$218” for “$203”.Enacted provision · exact public law section
Sec. 103. clothing allowance for certain disabled veterans Section 362 is amended by striking out “$203” and inserting in lieu thereof “$218”.Veterans’ Disability Compensation and Survivors’ Benefits Amendments of 1979
Pub. L. 96–128 title I § 103 · 93 Stat. 982
Substituted · 38 U.S.C. § 1162
Pub. L. 96–128 substituted “$240” for “$218”
Source evidence
Code amendment note
Pub. L. 96–128 substituted “$240” for “$218”.Enacted provision · exact public law section
Sec. 103. clothing allowance for certain disabled veterans Section 362 is amended by striking out “$218” and inserting in lieu thereof “$240”.Veterans’ Disability Compensation and Housing Benefits Amendments of 1980
Pub. L. 96–385 title I § 103 · 94 Stat. 1528
Substituted · 38 U.S.C. § 1162
Pub. L. 96–385 substituted “$274” for “$240”
Source evidence
Code amendment note
Pub. L. 96–385 substituted “$274” for “$240”.Enacted provision · exact public law section
Sec. 103. clothing allowance for certain disabled veterans Section 362 is amended by striking out “$240” and 38 USC 362. inserting in lieu thereof “$274”.Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981
Pub. L. 97–66 title I § 103 · 95 Stat. 1026
Substituted · 38 U.S.C. § 1162
Pub. L. 97–66 substituted “$305” for “$274”
Source evidence
Code amendment note
Pub. L. 97–66 substituted “$305” for “$274”.Enacted provision · exact public law section
Sec. 103. increase in clothing allowance for certain disabled veterans Section 362 is amended by striking out “$274” and 94 Stat. 1529. 38 USC 362. inserting in lieu thereof “$305”.Pub. L. 97–253 § 405(d) · 96 Stat. 804
Substituted · 38 U.S.C. § 1162
Pub. L. 97–253, § 405(d), (h), eff. Jan. 1, 1983, substituted “$304” for “$305” after “clothing allowance of”
Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 97–253, § 405(d), (h), eff. Jan. 1, 1983, substituted “$304” for “$305” after “clothing allowance of”.Veterans’ Compensation, Education, and Employment Amendments of 1982
Pub. L. 97–306 title I · 96 Stat. 1429
Substituted · 38 U.S.C. § 1162
Pub. L. 97–306, §§ 103, 107, 108, substituted “$327” for “$305”
Repealed · 38 U.S.C. § 1162
Pub. L. 97–306, §§ 103, 107, 108, repealed amendment made by Pub. L. 97–253, § 405(d), eff. Oct. 1, 1982
Source evidence
Code amendment note
Pub. L. 97–306, §§ 103, 107, 108, substituted “$327” for “$305” and repealed amendment made by Pub. L. 97–253, § 405(d), eff. Oct. 1, 1982.Enacted provision · exact public law
TITLE I— DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION Part A— Rate Increases Sec. 101. disability compensation (a) Section 314 is amended— 95 Stat. 1026. 38 USC 314. (1) by striking out “$58” in subsection (a) and inserting in lieu thereof “$62”; (2) by striking out “$107” in subsection (b) and inserting in lieu thereof “$114”; (3) by striking out “$162” in subsection (c) and inserting in lieu thereof “$173”; (4) by striking out “$232” in subsection (d) and inserting in lieu thereof “$249”; (5) by striking out “$328” in subsection (e) and inserting in lieu thereof “$352”; (6) by striking out “$413” in subsection (f) and inserting in lieu thereof “$443”; (7) by striking out “$521” in subsection (g) and inserting in lieu thereof “$559”; (8) by striking out “$604” in subsection (h) and inserting in lieu thereof “$648”; (9) by striking out “$679” in subsection (i) and inserting in lieu thereof “$729”; (10) by striking out “$1,130” in subsection (j) and inserting in lieu thereof “$1,213”; (11) by striking out “$1,403” and “$1,966” in subsection (k) and inserting in lieu thereof “$1,506” and “$2,111”, respectively; (12) by striking out “$1,403” in subsection (1) and inserting in lieu thereof “$1,506”; (13) by striking out “$1,547” in subsection (m) and inserting in lieu thereof “$1,661”; (14) by striking out “$1,758” in subsection (n) and inserting in lieu thereof “$1,888”; (15) by striking out “$1,966” each place it appears in subsections (o) and (p) and inserting in lieu thereof “$2,111”; (16) by striking out “$844” and “$1,257” in subsection (r) and inserting in lieu thereof “$906” and “$1,350”, respectively; (17) by striking out “$1,264” in subsection (s) and inserting in lieu thereof “$1,357”; and (18) by striking out “$244” in subsection (t) and inserting in lieu thereof “$262”. (b) The Administrator of Veterans’ Affairs may adjust administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview 38 USC note prec. 101. 38 USC 301 et seq. of section 10 of Public Law 85–857 who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. Any such adjustment shall be made in conformance with the methodology used in determining the amounts of the increases under subsection (a) and specifically shall include the rounding down to the nearest dollar of each rate as so adjusted. Sec. 102. additional compensation for dependents Section 315(1) is amended— (1) by striking out clauses (A) through (G) and inserting in lieu thereof the following: “(A) has a spouse but no child, $74; “(B) has a spouse and one or more children, $124 plus $40 for each child in excess of one; “(C) has no spouse but one or more children, $50 plus $40 for each child in excess of one;”; (2) by redesignating clauses (H), (I), and (J) as clauses (D), (E), and (F), respectively; (3) by striking out “$56” in clause (D) (as redesignated by clause (2) of this section) and inserting in lieu thereof “$60”; (4) by striking out “$125” in clause (E) (as redesignated by clause (2) of this section) and inserting in lieu thereof “$134”; and (5) by striking out “$105” in clause (F) (as redesignated by clause (2) of this section) and inserting in lieu thereof “$112”. Sec. 103. clothing allowance for certain disabled veterans Section 362 is amended by striking out “$305” and inserting in lieu thereof “$327”. Sec. 104. dependency and indemnity compensation for surviving spouses (a) Subsection (a) of section 411 is amended to read as follows: “(a) Dependency and indemnity compensation shall be paid to a surviving spouse, based on the pay grade of the person upon whose death entitlement is predicated, at monthly rates set forth in the following table: “Pay grade Monthly rate Pay grade Monthly rate E–1 $445 W–4 $639 E–2 459 O–1 563 E–3 470 O–2 582 E–4 500 O–3 622 E–5 514 O–4 658 E–6 526 O–5 726 E–7 552 O–6 817 E–8 582 O–7 884 E–9 1608 O–8 969 W–1 563 O–9 1041 W–2 586 O–10 21139 W–3 603 “1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse’s rate shall be $655. “2 If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by section 402 of this title, the surviving spouse’s rate shall be $1,222.” (b) Subsection (b) of such section is amended by striking out “$48” and inserting in lieu thereof “$51”. (c) Subsection (c) of such section is amended by striking out “$125” and inserting in lieu thereof “$134”. (d) Subsection (d) of such section is amended by striking out “$62” and inserting in lieu thereof “$66”. Sec. 105. dependency and indemnity compensation for children Section 413 is amended— 95 Stat. 1029. 38 USC 413. (1) by striking out “$210” in clause (1) and inserting in lieu thereof “$225”; (2) by striking out “$301” in clause (2) and inserting in lieu thereof “$323”; (3) by striking out “$389” in clause (3) and inserting in lieu thereof “$417”; and (4) by striking out “$389” and “$79” in clause (4) and inserting in lieu thereof “$417” and “$84”, respectively. Sec. 106. supplemental dependency and indemnity compensation for children Section 414 is amended— 95 Stat. 1029. 38 USC 414. (1) by striking out “$125” in subsection (a) and inserting in lieu thereof “$134”; (2) by striking out “$210” in subsection (b) and inserting in lieu thereof “$225”; and (3) by striking out “$107” in subsection (c) and inserting in lieu thereof “$114”. Sec. 107. repeal of earlier rate adjustment Section 405 of the Omnibus Budget Reconciliation Act of 1982 (Public Law 97–253) is repealed. Ante, p. 803. Sec. 108. The amendments made by this part shall take effect on October 1, 1982. Part B— Program Improvements Sec. 111. compensation rate increases for certain blinded veterans (a) Section 314(n) is amended by inserting “or has suffered blindness without light perception in both eyes,” after “anatomical loss of both eyes,”. (b) Section 314(p) is amended by inserting “or service-connected anatomical loss or loss of use of one hand or one foot” after “in one ear”. (c) The amendments made by subsections (a) and (b) shall take effect on October 1, 1982. Sec. 112. correction of technical error with respect to entitlement to certain survivors’ benefits (a) Section 410(b)(1) is amended by inserting “or entitled to receive” after “was in receipt of”. (b) (1) The amendment made by subsection (a) shall take effect on October 1, 1982. (2) (A) As soon as practicable after September 30, 1982, the Administrator of Veterans’ Affairs shall pay an amount determined under subparagraph (B) to each person who would have been entitled to a 38 USC 401 et seq. payment under chapter 13 of title 38, United States Code, for any part of the period beginning on October 1, 1978, and ending on September 30, 1982, if the amendment made by subsection (a) had taken effect on October 1, 1978. (B) The amount of any payment to a person under subparagraph (A) is the amount equal to the total of all payments under chapter 13 of title 38, United States Code, that would have been made to that person for the period described in such subparagraph if the amendment made by subsection (a) had taken effect on October 1, 1978. Sec. 113. eligibility for veterans’ administration benefits of senior reserve officers’ training corps participants disabled during certain training (a) Section 101(22) is amended— (1) by striking out “and” at the end of clause (C); (2) by redesignating clause (D) as clause (E); and (3) by inserting after clause (C) the following new clause (D): “(D) duty performed by a member of a Senior Reserve Officers’ Training Corps program when ordered to such duty for the purpose of field training or a practice cruise under chapter 103 10 USC 2101 et seq. Repeal. 38 USC 4803. of title 10; and”. (b) (1) Section 403 is repealed. (2) The table of sections at the beginning of chapter 13 is amended by striking out the item relating to such section. (c) Notwithstanding section 8140 of title 5, United States Code, subchapter I of chapter 81 of such title does not apply in the case of a disability suffered by a member of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force that is compensable under chapter 11 of title 38, United States Code, or a death suffered by 38 USC 301 et seq. such a member for which dependency and indemnity compensation is payable under chapter 13 of such title. 38 USC 401 et seq. (d) The amendments made by subsections (a) and (b) and the Effective date. 38 USC 101 note. provisions of subsection (c) shall apply only with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after September 30, 1982.Veterans’ Compensation and Program Improvements Amendments of 1984
Pub. L. 98–223 title I § 103 · 98 Stat. 37
Substituted · 38 U.S.C. § 1162
Pub. L. 98–223 substituted “$338” for “$327”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–223 substituted “$338” for “$327”.Enacted provision · exact public law section
Sec. 103. clothing allowance for certain disabled veterans Section 362 is amended by striking out “$327” and inserting in lieu thereof “$338”.Veterans’ Benefits Improvement Act of 1984
Pub. L. 98–543 title I § 103 · 98 Stat. 2735
Substituted · 38 U.S.C. § 1162
Pub. L. 98–543 substituted “$349” for “$338”
Source evidence
Code amendment note
Pub. L. 98–543 substituted “$349” for “$338”.Enacted provision · exact public law section
Sec. 103. clothing allowance for certain disabled veterans Section 362 is amended by striking out “$338” and inserting in lieu thereof “$349”.Veterans’ Compensation Rate Increase and Job Training Amendments of 1985
Pub. L. 99–238 title I § 103 · 99 Stat. 1765
Substituted · 38 U.S.C. § 1162
Pub. L. 99–238 substituted “$360” for “$349”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–238 substituted “$360” for “$349”.Enacted provision · exact public law section
SEC. 103. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. 98 Stat. 2736. Section 362 of title 38, United States Code, is amended by striking out “$349” and inserting in lieu thereof “$360”.Pub. L. 99–576 title I § 103 · 100 Stat. 3248
Substituted · 38 U.S.C. § 1162
Pub. L. 99–576 substituted “$365” for “$360”
Source evidence
Code amendment note
Pub. L. 99–576 substituted “$365” for “$360”.Enacted provision · exact public law section
SEC. 103. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 362 is amended by striking out “$360” and inserting in lieu thereof “$365”.Pub. L. 100–227 title I § 103 · 101 Stat. 1552
Substituted · 38 U.S.C. § 1162
Pub. L. 100–227 substituted “$380” for “$365”
Source evidence
Code amendment note
Pub. L. 100–227 substituted “$380” for “$365”.Enacted provision · exact public law section
SEC. 103. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 362 is amended by striking out “$365” and inserting in lieu thereof “$380”.Veterans’ Benefits Improvement Act of 1988
Pub. L. 100–687 div. B title XI § 1103 · 102 Stat. 4105
Substituted · 38 U.S.C. § 1162
Pub. L. 100–687 substituted “$395” for “$380”
Source evidence
Code amendment note
Pub. L. 100–687 substituted “$395” for “$380”.Enacted provision · exact public law section
SEC. 1103. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 362 is amended by striking out “$380” and inserting in lieu thereof “$395”.Veterans’ Benefits Amendments of 1989
Pub. L. 101–237 § 112 · 103 Stat. 2062
Substituted · 38 U.S.C. § 1162
Pub. L. 101–237, § 112, substituted “Secretary under” for “Administrator under”
Substituted · 38 U.S.C. § 1162
Pub. L. 101–237, § 112, substituted “Secretary shall” for “Administrator shall”
Substituted · 38 U.S.C. § 1162
Pub. L. 101–237, § 112, 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.”
Source evidence
Code amendment note
Pub. L. 101–237, § 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.”Enacted provision · exact public law section
SEC. 112. EXPANSION OF CLOTHING ALLOWANCE. Section 362 is amended— (1) by striking out “Administrator” the first two places it appears and inserting in lieu thereof “Secretary”; (2) by striking out all after “each veteran” and inserting in lieu thereof “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.”.Veterans’ Benefits Amendments of 1989
Pub. L. 101–237 § 103 · 103 Stat. 2062
Substituted · 38 U.S.C. § 1162
Pub. L. 101–237, § 103, substituted “$414” for “$395”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–237, § 103, substituted “$414” for “$395”.Enacted provision · exact public law section
SEC. 103. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 362 is amended by striking out “$395” and inserting in lieu thereof “$414”.Pub. L. 102–3 § 4 · 105 Stat. 7
Substituted · 38 U.S.C. § 1162
Pub. L. 102–3 substituted “$436” for “$414”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–3 substituted “$436” for “$414”.Enacted provision · exact public law section
SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 362 is amended by striking out “$414” and inserting in lieu thereof “$436”.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1162
Pub. L. 102–83 renumbered section 362 of this title as this section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83 renumbered section 362 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.Veterans’ Compensation Rate Amendments of 1991
Pub. L. 102–152 § 4 · 105 Stat. 985
Substituted · 38 U.S.C. § 1162
Pub. L. 102–152 substituted “$452” for “$436”
Source evidence
Code amendment note
Pub. L. 102–152 substituted “$452” for “$436”.Enacted provision · exact public law section
SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 is amended by striking out “$436” and inserting in lieu thereof “$452”.Pub. L. 103–78 § 3 · 107 Stat. 767
Substituted · 38 U.S.C. § 1162
Pub. L. 103–78 substituted “$466” for “$452”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–78 substituted “$466” for “$452”.Enacted provision · exact public law section
SEC. 3. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 of title 38, United States Code, is amended by striking out “$452” and inserting in lieu thereof “$466”.Pub. L. 103–140 § 4 · 107 Stat. 1485
Substituted · 38 U.S.C. § 1162
Pub. L. 103–140 substituted “$478” for “$466”
Source evidence
Code amendment note
Pub. L. 103–140 substituted “$478” for “$466”.Enacted provision · exact public law section
SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 is amended by striking out “$466” and inserting in lieu thereof “$478”.Veterans’ Compensation Rate Amendments of 1997
Pub. L. 105–98 § 4 · 111 Stat. 2155
Substituted · 38 U.S.C. § 1162
Pub. L. 105–98 substituted “$528” for “$478”
Source evidence
Code amendment note
Pub. L. 105–98 substituted “$528” for “$478”.Enacted provision · exact public law section
SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 is amended by striking out “$478” and inserting in lieu thereof “$528”.Veterans’ Compensation Cost-of-Living Adjustment Act of 1999
Pub. L. 106–118 § 4 · 113 Stat. 1601
Substituted · 38 U.S.C. § 1162
Pub. L. 106–118 substituted “$546” for “$528”
Source evidence
Code amendment note
Pub. L. 106–118 substituted “$546” for “$528”.Enacted provision · exact public law section
SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 is amended by striking “$528” and inserting “$546”.Pub. L. 107–94 § 4 · 115 Stat. 900
Substituted · 38 U.S.C. § 1162
Pub. L. 107–94 substituted “$580” for “$546”
Source evidence
Code amendment note
Pub. L. 107–94 substituted “$580” for “$546”.Enacted provision · exact public law section
SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 is amended by striking “$546” and inserting “$580”.Pub. L. 107–330 title III § 309(c) · 116 Stat. 2820
Substituted · 38 U.S.C. § 1162
Pub. L. 107–330 substituted “$588” for “$580”
Source evidence
Code amendment note
Pub. L. 107–330 substituted “$588” for “$580”.Enacted provision · exact public law section
(c) Clothing Allowance for Certain Disabled Veterans.— Section 1162 is amended by striking “$580” and inserting “$588”.Veterans Benefits Improvement Act of 2004
Pub. L. 108–454 title III § 307(c) · 118 Stat. 3598
Substituted · 38 U.S.C. § 1162
Pub. L. 108–454 substituted “$600” for “$588”
Source evidence
Code amendment note
Pub. L. 108–454 substituted “$600” for “$588”.Enacted provision · exact public law section
(c) Clothing Allowance for Certain Disabled Veterans.— Section 1162 is amended by striking “$588” and inserting “$600”.Veterans’ Compensation Cost-of-Living Adjustment Act of 2005
Pub. L. 109–111 § 2(c) · 119 Stat. 2362
Substituted · 38 U.S.C. § 1162
Pub. L. 109–111 substituted “$641” for “$600”
Source evidence
Code amendment note
Pub. L. 109–111 substituted “$641” for “$600”.Enacted provision · exact public law section
(c) Clothing Allowance for Certain Disabled Veterans.— Section 1162 of such title is amended by striking “$600” and inserting “$641”.Pub. L. 109–444 § 9(c) · 120 Stat. 3304
Substituted · 38 U.S.C. § 1162
Pub. L. 109–444, which substituted “$662” for “$641”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–444, which substituted “$662” for “$641”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.Enacted provision · exact public law section
(c) Clothing Allowance for Certain Disabled Veterans.— Section 1162 of such title is amended by striking “$641” and inserting “$662”.Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 1006(b) · 120 Stat. 3403
Changed · 38 U.S.C. § 1162
Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title
Source evidence
Code amendment note
Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.Enacted provision · exact public law section
(b) Earlier Enactment of Veterans Programs Extension Act of 2006.— If this Act is enacted after the enactment of the Veterans Programs Extension Act of 2006, then as of the date of the enactment of this Act, the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect.Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 § 1005(c) · 120 Stat. 3403
Substituted · 38 U.S.C. § 1162
Pub. L. 109–461, § 1005(c), substituted “$662” for “$641”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–461, § 1005(c), substituted “$662” for “$641”.Enacted provision · exact public law section
(c) Clothing Allowance for Certain Disabled Veterans.— Section 1162 is amended by striking “$641” and inserting “$662”.Pub. L. 110–324 § 3(c) · 122 Stat. 3549
Substituted · 38 U.S.C. § 1162
Pub. L. 110–324 substituted “$677” for “$662” in introductory provisions
Source evidence
Code amendment note
Pub. L. 110–324 substituted “$677” for “$662” in introductory provisions.Enacted provision · exact public law section
(c) Clothing Allowance for Certain Disabled Veterans.— Section 1162 of such title is amended by striking “$662” and inserting “$677”.Veterans’ Compensation Cost-of-Living Adjustment Act of 2009
Pub. L. 111–37 § 3(c) · 123 Stat. 1927
Substituted · 38 U.S.C. § 1162
Pub. L. 111–37 substituted “$716” for “$677” in introductory provisions
Source evidence
Code amendment note
Pub. L. 111–37 substituted “$716” for “$677” in introductory provisions.Enacted provision · exact public law section
(c) Clothing Allowance for Certain Disabled Veterans.— Section 1162 of such title is amended by striking “$677” and inserting “$716”.Department of Justice Appropriations Act, 2023
Pub. L. 117–328 div. U title II § 201(b) · 136 Stat. 4459
Amended · 38 U.S.C. § 1162
Pub. L. 117–328 designated existing provisions as subsec. (a)
Inserted · 38 U.S.C. § 1162
Pub. L. 117–328 inserted heading
Inserted · 38 U.S.C. § 1162
Pub. L. 117–328 inserted comma after “The Secretary” in introductory provisions
Added · 38 U.S.C. § 1162
Pub. L. 117–328 added subsecs. (b) to (d)
Source evidence
Code amendment note
Pub. L. 117–328 designated existing provisions as subsec. (a) and inserted heading, inserted comma after “The Secretary” in introductory provisions, and added subsecs. (b) to (d).Enacted provision · exact public law section
Sec. 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses.Effective date note
Pub. L. 117–328, div. U, title II, § 201(c), Dec. 29, 2022, 136 Stat. 5447, provided that: “The amendments made by subsection (b) [amending this section] shall apply with respect to—Department of Justice Appropriations Act, 2023
Pub. L. 117–328 § 201(b)(2) · 136 Stat. 4459
Substituted · 38 U.S.C. § 1162(a)(2)
Pub. L. 117–328, § 201(b)(2), substituted “which—
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 117–328, § 201(b)(2), substituted “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.” for “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.”
Enacted provision · exact public law section
Sec. 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses.Effective date note
Pub. L. 117–328, div. U, title II, § 201(c), Dec. 29, 2022, 136 Stat. 5447, provided that: “The amendments made by subsection (b) [amending this section] shall apply with respect to—
40 of 43 references resolved to an enrolled provision · 2 partial · 1 unresolved
Notes
Disability Compensation and Dependency and Indemnity Compensation Rate Increases
For increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title.
Editorial Notes
Amendments1975–2022 · 25 rounds
2022
Pub. L. 117–328 designated existing provisions as subsec. (a) and inserted heading, inserted comma after “The Secretary” in introductory provisions, and added subsecs. (b) to (d).
Subsec. (a)(2). Pub. L. 117–328, § 201(b)(2), substituted “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.”
for “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.”
2009
Pub. L. 111–37 substituted “$716” for “$677” in introductory provisions.
2008
Pub. L. 110–324 substituted “$677” for “$662” in introductory provisions.
2006
Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
Pub. L. 109–461, § 1005(c), substituted “$662” for “$641”.
Pub. L. 109–444, which substituted “$662” for “$641”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
2005
Pub. L. 109–111 substituted “$641” for “$600”.
2004
Pub. L. 108–454 substituted “$600” for “$588”.
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, § 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, § 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, §§ 103, 107, 108, substituted “$327” for “$305” and repealed amendment made by Pub. L. 97–253, § 405(d), eff. .
Pub. L. 97–253, § 405(d), (h), eff. , 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, §§ 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–328, div. U, title II, § 201(c), , 136 Stat. 5447, provided that:
“The amendments made by subsection (b) [amending this section] shall apply with respect to—
“(1) claims for clothing allowance submitted on or after the date of the enactment of this Act []; and
“(2) claims for clothing allowance submitted prior to the date of the enactment of this Act, if the veteran who submitted such claim is in receipt of the clothing allowance as of the date of the enactment of this Act.”
Effective Date of 2009 Amendment
Amendment by Pub. L. 111–37 effective , see section 3(g) of Pub. L. 111–37, set out as a note under section 1114 of this title.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–324 effective , see section 3(f) of Pub. L. 110–324, set out as a note under section 1114 of this title.
Effective Date of 2005 Amendment
Amendment by Pub. L. 109–111 effective , see section 2(f) of Pub. L. 109–111, set out as a note under section 1114 of this title.
Effective Date of 2001 Amendment
Amendment by Pub. L. 107–94 effective , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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, §§ 107, 108, , 96 Stat. 1431, 1432, eff. .
Special Benefit Allowance Rates
For current VA special benefit allowance rates, see https://www.va.gov/disability/compensation-rates/special-benefit-allowance-rates/
Credits
1972–2022 · 33 acts
- 1972Added Pub. L. 92–328, title I, § 103(a), , 86 Stat. 394, § 362
- 1975amended Pub. L. 94–71, title I, § 103, , 89 Stat. 396
- 1976Pub. L. 94–433, title III, § 301, title IV, § 404(24), , 90 Stat. 1377, 1379
- 1977Pub. L. 95–117, title III, § 301, , 91 Stat. 1065
- 1978Pub. L. 95–479, title I, § 103, , 92 Stat. 1562
- 1979Pub. L. 96–128, title I, § 103, , 93 Stat. 984
- 1980Pub. L. 96–385, title I, § 103, , 94 Stat. 1529
- 1981Pub. L. 97–66, title I, § 103, , 95 Stat. 1027
- 1982Pub. L. 97–253, title IV, § 405(d), , 96 Stat. 804
- 1982Pub. L. 97–306, title I, §§ 103, 107, , 96 Stat. 1430, 1431
- 1984Pub. L. 98–223, title I, § 103, , 98 Stat. 38
- 1984Pub. L. 98–543, title I, § 103, , 98 Stat. 2736
- 1986Pub. L. 99–238, title I, § 103, , 99 Stat. 1766
- 1986Pub. L. 99–576, title I, § 103, , 100 Stat. 3251
- 1987Pub. L. 100–227, title I, § 103, , 101 Stat. 1553
- 1988Pub. L. 100–687, div. B, title XI, § 1103, , 102 Stat. 4124
- 1989Pub. L. 101–237, title I, §§ 103, 112, , 103 Stat. 2063, 2065
- 1991Pub. L. 102–3, § 4, , 105 Stat. 8
- 1991renumbered § 1162, Pub. L. 102–83, § 5(a), , 105 Stat. 406
- 1991Pub. L. 102–152, § 4, , 105 Stat. 986
- 1993Pub. L. 103–78, § 3, , 107 Stat. 768
- 1993Pub. L. 103–140, § 4, , 107 Stat. 1486
- 1997Pub. L. 105–98, § 4, , 111 Stat. 2156
- 1999Pub. L. 106–118, § 4, , 113 Stat. 1602
- 2001Pub. L. 107–94, § 4, , 115 Stat. 901
- 2002Pub. L. 107–330, title III, § 309(c), , 116 Stat. 2830
- 2004Pub. L. 108–454, title III, § 307(c), , 118 Stat. 3613
- 2005Pub. L. 109–111, § 2(c), , 119 Stat. 2363
- 2006Pub. L. 109–444, § 9(c), , 120 Stat. 3315
- 2006Pub. L. 109–461, title X, §§ 1005(c), 1006(b), , 120 Stat. 3467, 3468
- 2008Pub. L. 110–324, § 3(c), , 122 Stat. 3551
- 2009Pub. L. 111–37, § 3(c), , 123 Stat. 1929
- 2022Pub. L. 117–328, div. U, title II, § 201(b), , 136 Stat. 5446.
Show as published
(Added Pub. L. 92–328, title I, § 103(a), , 86 Stat. 394, § 362; amended Pub. L. 94–71, title I, § 103, , 89 Stat. 396; Pub. L. 94–433, title III, § 301, title IV, § 404(24), , 90 Stat. 1377, 1379; Pub. L. 95–117, title III, § 301, , 91 Stat. 1065; Pub. L. 95–479, title I, § 103, , 92 Stat. 1562; Pub. L. 96–128, title I, § 103, , 93 Stat. 984; Pub. L. 96–385, title I, § 103, , 94 Stat. 1529; Pub. L. 97–66, title I, § 103, , 95 Stat. 1027; Pub. L. 97–253, title IV, § 405(d), , 96 Stat. 804; Pub. L. 97–306, title I, §§ 103, 107, , 96 Stat. 1430, 1431; Pub. L. 98–223, title I, § 103, , 98 Stat. 38; Pub. L. 98–543, title I, § 103, , 98 Stat. 2736; Pub. L. 99–238, title I, § 103, , 99 Stat. 1766; Pub. L. 99–576, title I, § 103, , 100 Stat. 3251; Pub. L. 100–227, title I, § 103, , 101 Stat. 1553; Pub. L. 100–687, div. B, title XI, § 1103, , 102 Stat. 4124; Pub. L. 101–237, title I, §§ 103, 112, , 103 Stat. 2063, 2065; Pub. L. 102–3, § 4, , 105 Stat. 8; renumbered § 1162, Pub. L. 102–83, § 5(a), , 105 Stat. 406; Pub. L. 102–152, § 4, , 105 Stat. 986; Pub. L. 103–78, § 3, , 107 Stat. 768; Pub. L. 103–140, § 4, , 107 Stat. 1486; Pub. L. 105–98, § 4, , 111 Stat. 2156; Pub. L. 106–118, § 4, , 113 Stat. 1602; Pub. L. 107–94, § 4, , 115 Stat. 901; Pub. L. 107–330, title III, § 309(c), , 116 Stat. 2830; Pub. L. 108–454, title III, § 307(c), , 118 Stat. 3613; Pub. L. 109–111, § 2(c), , 119 Stat. 2363; Pub. L. 109–444, § 9(c), , 120 Stat. 3315; Pub. L. 109–461, title X, §§ 1005(c), 1006(b), , 120 Stat. 3467, 3468; Pub. L. 110–324, § 3(c), , 122 Stat. 3551; Pub. L. 111–37, § 3(c), , 123 Stat. 1929; Pub. L. 117–328, div. U, title II, § 201(b), , 136 Stat. 5446.)