§ 1310. Deaths entitling survivors to dependency and indemnity compensation

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. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 1310

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 410

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 410

2. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 title IV § 405(7) · 90 Stat. 1374

   Substituted · 38 U.S.C. § 1310(a)

   Pub. L. 94–433 substituted “such veteran’s surviving spouse” for “his widow”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–433 substituted “such veteran’s surviving spouse” for “his widow”.

   Enacted provision · exact public law section
   (7) by striking out in subsections (a) and (b) of section 410 “his widow”, “widow”, “he”, and “his” and inserting in lieu thereof “such veteran’s surviving spouse”, “surviving spouse”, “such veteran”, and “such veteran’s”, respectively;

3. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 title IV § 405(7) · 90 Stat. 1374

   Substituted · 38 U.S.C. § 1310(b)

   Pub. L. 94–433 substituted “surviving spouse”, “such veteran”, and “such veteran’s” for “widow”, “he”, and “his”, respectively

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–433 substituted “surviving spouse”, “such veteran”, and “such veteran’s” for “widow”, “he”, and “his”, respectively.

   Enacted provision · exact public law section
   (7) by striking out in subsections (a) and (b) of section 410 “his widow”, “widow”, “he”, and “his” and inserting in lieu thereof “such veteran’s surviving spouse”, “surviving spouse”, “such veteran”, and “such veteran’s”, respectively;

4. 1978

   Veterans’ Disability Compensation and Survivors’ Benefits Act of 1978

   Pub. L. 95–479 title II § 204 · 92 Stat. 1560

   1. Added · 38 U.S.C. § 1310(b); 38 U.S.C. § 1310(c)

      Pub. L. 95–479 added subsec. (b)

   2. Redesignated · 38 U.S.C. § 1310(b); 38 U.S.C. § 1310(c)

      Pub. L. 95–479 redesignated former subsec. (b) as (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 95–479 added subsec. (b) and redesignated former subsec. (b) as (c).

   Enacted provision · exact public law section
   Sec. 204. benefits for surviving spouses and children of certain totally disabled veterans Section 410 is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following new subsection (b): “(b) (1) Notwithstanding the provisions of subsection (a) of this section, when any veteran dies, not as the result of the veteran’s own willful misconduct, if the veteran was in receipt of (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a services-connected disability that either (A) was continuously rated totally disabling for a period of ten or more years immediately preceding death, or (B) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veteran’s discharge or other release from active duty, the Administrator shall pay benefits under this chapter to the veteran’s surviving spouse, if such surviving spouse was married to such veteran for not less than two years immediately preceding such veteran’s death, and to such veteran’s children, in the same manner as if the veteran’s death were service connected. “(2) If a surviving spouse or a child 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 death of a veteran described in paragraph (1) of this subsection, benefits under this chapter payable to such surviving spouse or child by virtue of 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 amount of such benefits that would otherwise have been payable equals the. total of the amount of the money received and the fair market value of the property received. “(3) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this subsection shall be deemed eligibility for dependency and indemnity compensation 38 USC 411. under section 411(a) of this title.”.

5. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 title I § 112(a) · 96 Stat. 1429

   Inserted · 38 U.S.C. § 1310(b)(1)

   Pub. L. 97–306 inserted “or entitled to receive” after “was in receipt of”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 97–306 inserted “or entitled to receive” after “was in receipt of”.

   Enacted provision · exact public law section
   (a) Section 410(b)(1) is amended by inserting “or entitled to receive” after “was in receipt of”.

6. 1988

   Veterans’ Benefits Improvement Act of 1988

   Pub. L. 100–687 div. B title XIV § 1403(b) · 102 Stat. 4105

   1. Redesignated · 38 U.S.C. § 1310(b); 38 U.S.C. § 1310(c)

      Pub. L. 100–687 redesignated subsec. (c) as (b)

   2. Struck · 38 U.S.C. § 1310(b); 38 U.S.C. § 1310(c)

      Pub. L. 100–687 struck out former subsec. (b) which read as follows:

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 100–687 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:

   “(1) Notwithstanding the provisions of subsection (a) of this section, when any veteran dies, not as the result of the veteran’s own willful misconduct, if the veteran was in receipt of or entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability that either (A) was continuously rated totally disabling for a period of ten or more years immediately preceding death, or (B) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veteran’s discharge or other release from active duty, the Administrator shall pay benefits under this chapter to the veteran’s surviving spouse, if such surviving spouse was married to such veteran for not less than two years immediately preceding such veteran’s death, and to such veteran’s children, in the same manner as if the veteran’s death were service connected. “(2) If a surviving spouse or a child 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 death of a veteran described in paragraph (1) of this subsection, benefits under this chapter payable to such surviving spouse or child by virtue of 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 amount of such benefits that would otherwise have been payable equals the total of the amount of the money received and the fair market value of the property received. “(3) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this subsection shall be deemed eligibility for dependency and indemnity compensation under section 411(a) of this title.”

   Enacted provision · exact public law section
   (b) Conforming Amendments.— Section 410 is amended by striking out subsection (b) and redesignating subsection (c) as subsection (b).

7. 1991

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

   Changed · 38 U.S.C. § 1310

   Pub. L. 102–83, § 5(a), renumbered section 410 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 410 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.

8. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 1310(a)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

9. 2004

   Veterans Benefits Improvement Act of 2004

   Pub. L. 108–454 title III § 302(b) · 118 Stat. 3598

   Added · 38 U.S.C. § 1310(c)

   Pub. L. 108–454 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–454 added subsec. (c).

   Enacted provision · exact public law section
   (b) Offset in Lieu of Forfeiture From Dependency and Indemnity Compensation.— Section 1310 is amended by adding at the end the following new paragraph: “(c) A person who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of dependency and indemnity compensation to which that person is otherwise entitled, but there shall be deducted from payment of such dependency and indemnity compensation the amount of the payment under that Act.” .

   Effective date note
   Subsec. (c) of this section effective with respect to dependency and indemnity compensation payments for months beginning after Mar. 26, 2002, see section 302(c) of Pub. L. 108–454, set out as a note under section 1112 of this title.

10. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(18) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 1310(b)

    Pub. L. 116–283 substituted “air, or space service” for “or air service” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–283 substituted “air, or space service” for “or air service” in two places.

    Enacted provision · exact public law section
    (18) Section 1310(b).

11 of 12 references resolved to an enrolled provision · 1 partial