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Title 38 — Veterans’ Benefits

Part II · Chapter 13 — Dependency and Indemnity Compensation for Service-Connected Deaths

§ 1311. Dependency and indemnity compensation to a surviving spouse

Statutory text

(a)
(1)

Dependency and indemnity compensation shall be paid to a surviving spouse at the monthly rate of $1,154.

(2)

The rate under paragraph (1) shall be increased by $246 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran’s disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered.

(3)

In the case of dependency and indemnity compensation paid to a surviving spouse that is predicated on the death of a veteran before , the monthly rate of such compensation shall be the amount based on the pay grade of such veteran, as set forth in the following table, if the amount is greater than the total amount determined with respect to that veteran under paragraphs (1) and (2):

Pay gradeMonthly ratePay gradeMonthly rate
E–1$1,154W–4$1,380
E–2$1,154O–1$1,219
E–3$1,154O–2$1,260
E–4$1,154O–3$1,347
E–5$1,154O–4$1,427
E–6$1,154O–5$1,571
E–7$1,194O–6$1,771
E–8$1,260O–7$1,912
E–9$1,3141O–8$2,100
W–1$1,219O–9$2,246
W–2$1,267O–10$2,463 2
W–3$1,305 ............
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 1302 of this title, the surviving spouse’s rate shall be $1,419.
2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,643.
(b)

If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $286 for each such child.

(c)

The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $286 if the spouse is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.

(d)

The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $135 if the surviving spouse is, by reason of disability, permanently housebound but does not qualify for the aid and attendance allowance under subsection (c) of this section. For the purposes of this subsection, the requirement of “permanently housebound” will be considered to have been met when the surviving spouse is substantially confined to such surviving spouse’s home (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities which it is reasonably certain will remain throughout such surviving spouse’s lifetime.

(e)

In the case of an individual who is eligible for dependency and indemnity compensation under this section by reason of section 103(d)(2)(B) of this title who is also eligible for benefits under another provision of law by reason of such individual’s status as the surviving spouse of a veteran, then, notwithstanding any other provision of law (other than section 5304(b)(3) of this title), no reduction in benefits under such other provision of law shall be made by reason of such individual’s eligibility for benefits under this section.

(f)
(1)

Subject to paragraphs (2) and (3), if there is a surviving spouse with one or more children below the age of 18, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $250 (as increased from time to time under paragraph (4)), regardless of the number of such children.

(2)

Dependency and indemnity compensation shall be increased under this subsection only for months occurring during the two-year period beginning on the date on which entitlement to dependency and indemnity compensation commenced.

(3)

The increase in dependency and indemnity compensation of a surviving spouse under this subsection shall cease beginning with the first month commencing after the month in which all children of the surviving spouse have attained the age of 18.

(4)

Whenever there is an increase in benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) as a result of a determination made under section 215(i) of such Act (42 U.S.C. 415(i)), the Secretary shall, effective on the date of such increase in benefit amounts, increase the amount payable under paragraph (1), as such amount was in effect immediately prior to the date of such increase in benefit amounts, by the same percentage as the percentage by which such benefit amounts are increased. Any increase in a dollar amount under this paragraph shall be rounded down to the next lower whole dollar amount.

(5)

Dependency and indemnity compensation under this subsection is in addition to any other dependency and indemnity compensation payable under this chapter.

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. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 1311

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 411

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1127, § 411

  2. Pub. L. 87–268 § 1(b) · 75 Stat. 566

    Substituted · 38 U.S.C. § 1311(d)(1)

    Pub. L. 87–268 substituted “section 412(a)” for “section 412”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 87–268 substituted “section 412(a)” for “section 412”.

  3. Pub. L. 88–21 § 1 · 77 Stat. 17

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 88–21 substituted “$28” for “$25”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 88–21 substituted “$28” for “$25”.

    Enacted provision · exact public law section
    (1) by striking out “$70” in paragraph (1) and inserting in lieu thereof “$77”:

  4. Pub. L. 88–134 § 1 · 77 Stat. 223

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 88–134 increased from $112 to $120 the monthly rate of widow’s dependency and indemnity compensation

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 88–134 increased from $112 to $120 the monthly rate of widow’s dependency and indemnity compensation.

  5. Pub. L. 91–24 § 4(b) · 83 Stat. 33

    Substituted · 38 U.S.C. § 1311(d)(3)

    Pub. L. 91–24 substituted “section 228c–1(h)” for “section 228c–1(i)”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 91–24 substituted “section 228c–1(h)” for “section 228c–1(i)”.

    Enacted provision · exact public law section
    (b) Section 411(d) (3) is amended by deleting “section 228c–1(i)” and inserting in lieu thereof “section 228c–1(h)”.

  6. Pub. L. 91–96 § 3 · 83 Stat. 144

    Substituted · 38 U.S.C. § 1311(a)

    Pub. L. 91–96 substituted provisions setting forth dependency and indemnity compensation table based on the pay grade of the deceased husband for provisions that dependency and indemnity compensation was to be paid at a monthly rate equal to $120 plus 12 per centum of basic pay of the deceased husband

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 91–96 substituted provisions setting forth dependency and indemnity compensation table based on the pay grade of the deceased husband for provisions that dependency and indemnity compensation was to be paid at a monthly rate equal to $120 plus 12 per centum of basic pay of the deceased husband.

    Enacted provision · exact public law section
    Sec. 3. Section 411 of title 38, United States Code, is amended to read as follows: “(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: “Pay grade Monthly rate “Pay grade Monthly rate E–1 $167 W–4 $238 E–2 172 O–1 211 E–3 177 O–2 218 E–4 187 O–3 234 E–5 193 O–4 247 E–6 197 O–5 272 E–7 206 O–6 306 E–8 218 O–7 332 E–9 1228 O–8 363 W–1 211 O–9 390 W–2 219 O–10 2426 W–3 226 “1If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, or sergeant major of the Marine Corps, at the applicable time designated by sec. 402 of this title, the widow’s rate shall be $245. “2If 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 see. 402 of this title, the widow’s rate shall be $457.” “(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $20 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to a widow shall be increased by $50 if she 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.”

  7. Pub. L. 91–96 § 3 · 83 Stat. 144

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 91–96 substituted provisions which increased dependency and indemnity compensation rate by $20 per month for each child below the age of eighteen of a deceased veteran for provisions which increased dependency and indemnity compensation rate by $28 per month for each child of a deceased veteran in excess of one where there was a widow and two or more children below the age of eighteen and the total of monthly benefits they were receiving was less than a determined amount

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 91–96 substituted provisions which increased dependency and indemnity compensation rate by $20 per month for each child below the age of eighteen of a deceased veteran for provisions which increased dependency and indemnity compensation rate by $28 per month for each child of a deceased veteran in excess of one where there was a widow and two or more children below the age of eighteen and the total of monthly benefits they were receiving was less than a determined amount.

    Enacted provision · exact public law section
    Sec. 3. Section 411 of title 38, United States Code, is amended to read as follows: “(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: “Pay grade Monthly rate “Pay grade Monthly rate E–1 $167 W–4 $238 E–2 172 O–1 211 E–3 177 O–2 218 E–4 187 O–3 234 E–5 193 O–4 247 E–6 197 O–5 272 E–7 206 O–6 306 E–8 218 O–7 332 E–9 1228 O–8 363 W–1 211 O–9 390 W–2 219 O–10 2426 W–3 226 “1If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, or sergeant major of the Marine Corps, at the applicable time designated by sec. 402 of this title, the widow’s rate shall be $245. “2If 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 see. 402 of this title, the widow’s rate shall be $457.” “(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $20 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to a widow shall be increased by $50 if she 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.”

  8. Pub. L. 91–96 § 3 · 83 Stat. 144

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 91–96 substituted provisions increasing dependency and indemnity compensation rate by $50 per month for widows that are patients in nursing homes, or are helpless or blind for provisions authorizing Administrator to increase to next highest dollar any fraction of a dollar payable under former subsecs. (a) and (b)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 91–96 substituted provisions increasing dependency and indemnity compensation rate by $50 per month for widows that are patients in nursing homes, or are helpless or blind for provisions authorizing Administrator to increase to next highest dollar any fraction of a dollar payable under former subsecs. (a) and (b).

    Enacted provision · exact public law section
    Sec. 3. Section 411 of title 38, United States Code, is amended to read as follows: “(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: “Pay grade Monthly rate “Pay grade Monthly rate E–1 $167 W–4 $238 E–2 172 O–1 211 E–3 177 O–2 218 E–4 187 O–3 234 E–5 193 O–4 247 E–6 197 O–5 272 E–7 206 O–6 306 E–8 218 O–7 332 E–9 1228 O–8 363 W–1 211 O–9 390 W–2 219 O–10 2426 W–3 226 “1If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, or sergeant major of the Marine Corps, at the applicable time designated by sec. 402 of this title, the widow’s rate shall be $245. “2If 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 see. 402 of this title, the widow’s rate shall be $457.” “(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $20 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to a widow shall be increased by $50 if she 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.”

  9. Pub. L. 91–96 § 3 · 83 Stat. 144

    Struck · 38 U.S.C. § 1311(d)(f)

    Pub. L. 91–96 struck out subsecs. (d) to (f) which provided for determination of amount of additional compensation payable to a widow under former provisions of subsec. (b)

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 91–96 struck out subsecs. (d) to (f) which provided for determination of amount of additional compensation payable to a widow under former provisions of subsec. (b).

    Enacted provision · exact public law section
    Sec. 3. Section 411 of title 38, United States Code, is amended to read as follows: “(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: “Pay grade Monthly rate “Pay grade Monthly rate E–1 $167 W–4 $238 E–2 172 O–1 211 E–3 177 O–2 218 E–4 187 O–3 234 E–5 193 O–4 247 E–6 197 O–5 272 E–7 206 O–6 306 E–8 218 O–7 332 E–9 1228 O–8 363 W–1 211 O–9 390 W–2 219 O–10 2426 W–3 226 “1If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, or sergeant major of the Marine Corps, at the applicable time designated by sec. 402 of this title, the widow’s rate shall be $245. “2If 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 see. 402 of this title, the widow’s rate shall be $457.” “(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $20 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to a widow shall be increased by $50 if she 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.”

  10. Pub. L. 91–588 § 3(a) · 84 Stat. 1580

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 91–588 substituted “$55” for “$50”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 91–588 substituted “$55” for “$50”.

    Enacted provision · exact public law section
    (a) Sections 322(b), 411(c), and 544 of title 38, United States Code, are each amended by striking out “$50” and inserting in 83 Stat. 146, 145. 81 Stat. 180. 73 Stat. 434; 78 Stat. 1095. lieu thereof “$55”.

  11. Pub. L. 92–197 § 1 · 85 Stat. 651

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 92–197 generally upgraded monthly rate for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–197 generally upgraded monthly rate for all pay grades.

  12. Pub. L. 92–197 § 1 · 85 Stat. 651

    Changed · 38 U.S.C. § 1311(b)

    Pub. L. 92–197 increased dependency and indemnity compensation rate by $22 per month for each child from $20

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 92–197 increased dependency and indemnity compensation rate by $22 per month for each child from $20.

  13. Pub. L. 92–197 § 1 · 85 Stat. 651

    Changed · 38 U.S.C. § 1311(c)

    Pub. L. 92–197 reenacted subsec. (c) without change

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 92–197 reenacted subsec. (c) without change.

  14. Pub. L. 92–455 § 4 · 86 Stat. 761

    Substituted · 38 U.S.C. § 1311(a)

    Pub. L. 92–455 substituted in footnote 1 of table “chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard,” for “chief master sergeant of the Air Force, or sergeant major of the Marine Corps,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–455 substituted in footnote 1 of table “chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard,” for “chief master sergeant of the Air Force, or sergeant major of the Marine Corps,”.

    Enacted provision · exact public law section
    Sec. 4. Section 411 of title 38, United States Code, is amended by Widow dependency and indemnity compensation. 85 Stat. 660. deleting the word “or” between the phrases “Air Force.” and “sergeant major” in footnote 1 of the table in that section and adding the words “or master chief petty officer of the Coast Guard,” between the phrase “Marine Corps,” end the word “at”.

  15. Pub. L. 93–295 title II § 201 · 88 Stat. 180

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 93–295 generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–295 generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to read as follows: “(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: “Pay grade Monthly rate Pay grade Monthly rate E–1 $215 W–4 $307 E–2 221 O–1 271 E–3 228 O–2 281 E–4 241 O–3 301 E–5 248 O–4 318 E–6 254 O–5 350 E–7 266 O–6 394 E–8 281 O–7 427 E–9 1294 O–8 467 W–1 271 O–9 502 W–2 282 O–10 2549 W–3 291 “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 sec. 402 of this title, the widow’s rate shall be $316. “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 sec. 402 of this title, the widow’s rate shall be $589. “(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $26 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to the widow shall be increased by $64 if she is (1) a patient m 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.”.

  16. Pub. L. 93–295 title II § 201 · 88 Stat. 180

    Changed · 38 U.S.C. § 1311(b)

    Pub. L. 93–295 increased from $22 to $26 monthly dependency and indemnity compensation rate for each child

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–295 increased from $22 to $26 monthly dependency and indemnity compensation rate for each child.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to read as follows: “(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: “Pay grade Monthly rate Pay grade Monthly rate E–1 $215 W–4 $307 E–2 221 O–1 271 E–3 228 O–2 281 E–4 241 O–3 301 E–5 248 O–4 318 E–6 254 O–5 350 E–7 266 O–6 394 E–8 281 O–7 427 E–9 1294 O–8 467 W–1 271 O–9 502 W–2 282 O–10 2549 W–3 291 “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 sec. 402 of this title, the widow’s rate shall be $316. “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 sec. 402 of this title, the widow’s rate shall be $589. “(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $26 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to the widow shall be increased by $64 if she is (1) a patient m 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.”.

  17. Pub. L. 93–295 title II § 201 · 88 Stat. 180

    Changed · 38 U.S.C. § 1311(c)

    Pub. L. 93–295 increased monthly rate of compensation payable to the widow from $55 to $64

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 93–295 increased monthly rate of compensation payable to the widow from $55 to $64.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to read as follows: “(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: “Pay grade Monthly rate Pay grade Monthly rate E–1 $215 W–4 $307 E–2 221 O–1 271 E–3 228 O–2 281 E–4 241 O–3 301 E–5 248 O–4 318 E–6 254 O–5 350 E–7 266 O–6 394 E–8 281 O–7 427 E–9 1294 O–8 467 W–1 271 O–9 502 W–2 282 O–10 2549 W–3 291 “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 sec. 402 of this title, the widow’s rate shall be $316. “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 sec. 402 of this title, the widow’s rate shall be $589. “(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $26 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to the widow shall be increased by $64 if she is (1) a patient m 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.”.

  18. Veterans Disability Compensation and Survivor Benefits Act of 1975

    Pub. L. 94–71 title II § 201 · 89 Stat. 395

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 94–71 generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–71 generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to read as follows: “(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: “Pay grade Monthly rate Pay grade Monthly rate E–1 $241 W–4 $344 E–2 248 O–1 304 E–3 255 O–2 315 E–4 270 O–3 337 E–5 278 O–4 356 E–6 284 O–5 392 E–7 298 O–6 441 E–8 315 O–7 478 E–9 1329 O–8 523 W–1 304 O–9 562 W–2 316 O–10 2613 W–3 326     “1If 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 sec. 402 of this title, the widow’s rate shall be $334. “2If 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 sec. 402 of this title, the widow’s rate shall be $660. “(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $29 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to a widow shall be increased by $72 if she 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.”.

  19. Veterans Disability Compensation and Survivor Benefits Act of 1975

    Pub. L. 94–71 title II § 201 · 89 Stat. 395

    Changed · 38 U.S.C. § 1311(b)

    Pub. L. 94–71 increased from $26 to $29 monthly dependency and indemnity compensation rate for each child

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–71 increased from $26 to $29 monthly dependency and indemnity compensation rate for each child.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to read as follows: “(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: “Pay grade Monthly rate Pay grade Monthly rate E–1 $241 W–4 $344 E–2 248 O–1 304 E–3 255 O–2 315 E–4 270 O–3 337 E–5 278 O–4 356 E–6 284 O–5 392 E–7 298 O–6 441 E–8 315 O–7 478 E–9 1329 O–8 523 W–1 304 O–9 562 W–2 316 O–10 2613 W–3 326     “1If 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 sec. 402 of this title, the widow’s rate shall be $334. “2If 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 sec. 402 of this title, the widow’s rate shall be $660. “(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $29 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to a widow shall be increased by $72 if she 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.”.

  20. Veterans Disability Compensation and Survivor Benefits Act of 1975

    Pub. L. 94–71 title II § 201 · 89 Stat. 395

    Changed · 38 U.S.C. § 1311(c)

    Pub. L. 94–71 increased monthly rate of compensation payable to a widow from $64 to $72

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–71 increased monthly rate of compensation payable to a widow from $64 to $72.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to read as follows: “(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: “Pay grade Monthly rate Pay grade Monthly rate E–1 $241 W–4 $344 E–2 248 O–1 304 E–3 255 O–2 315 E–4 270 O–3 337 E–5 278 O–4 356 E–6 284 O–5 392 E–7 298 O–6 441 E–8 315 O–7 478 E–9 1329 O–8 523 W–1 304 O–9 562 W–2 316 O–10 2613 W–3 326     “1If 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 sec. 402 of this title, the widow’s rate shall be $334. “2If 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 sec. 402 of this title, the widow’s rate shall be $660. “(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $29 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to a widow shall be increased by $72 if she 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.”.

  21. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 title II § 201 · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1311

    Pub. L. 94–433 substituted “surviving spouse” for “widow” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 94–433 substituted “surviving spouse” for “widow” in section catchline.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to Widows. read as follows: “§ 411. Dependency and indemnity compensation to a surviving spouse “(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 $260  W–4 $372 E–2 268  O–1 328 E–3 275  O–2 340 E–4 292  O–3 364 E–5 300  O–4 384 E–6 307  O–5 423 E–7 322  O–6 476 E–8 340  O–7 516 E–9 1 355  O–8 565 W–1 328  O–9 607 W–2 341  O–10 2 664 W–3 352 “ 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 Corns, or master chief petty officer of the Coast Guard, at the applicable time designated by sec. 402 of this title, the surviving spouse’s rate shall be $332. “ 2If 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 sec. 402 of this title, the surviving spouse’s rate shall be $712. “(b) If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $31 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $78 if the spouse 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.”.

  22. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 title II § 201 · 90 Stat. 1374

    1. Substituted · 38 U.S.C. § 1311(a)

      Pub. L. 94–433 substituted “surviving spouse” for “widow” in footnotes 1 and 2 and generally upgraded monthly rates for all pay grades

    2. Substituted · 38 U.S.C. § 1311(a)

      Pub. L. 94–433 substituted “pay grade of the person upon whose death entitlement is predicated” for “pay grade of her deceased husband” in footnotes 1 and 2 and generally upgraded monthly rates for all pay grades

    3. Substituted · 38 U.S.C. § 1311(a)

      Pub. L. 94–433 substituted “surviving spouse’s rate” for “widow’s rate” in footnotes 1 and 2 and generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 94–433 substituted “surviving spouse” for “widow” and “pay grade of the person upon whose death entitlement is predicated” for “pay grade of her deceased husband” in text and “surviving spouse’s rate” for “widow’s rate” in footnotes 1 and 2 and generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to Widows. read as follows: “§ 411. Dependency and indemnity compensation to a surviving spouse “(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 $260  W–4 $372 E–2 268  O–1 328 E–3 275  O–2 340 E–4 292  O–3 364 E–5 300  O–4 384 E–6 307  O–5 423 E–7 322  O–6 476 E–8 340  O–7 516 E–9 1 355  O–8 565 W–1 328  O–9 607 W–2 341  O–10 2 664 W–3 352 “ 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 Corns, or master chief petty officer of the Coast Guard, at the applicable time designated by sec. 402 of this title, the surviving spouse’s rate shall be $332. “ 2If 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 sec. 402 of this title, the surviving spouse’s rate shall be $712. “(b) If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $31 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $78 if the spouse 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.”.

  23. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 title II § 201 · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 94–433 substituted “surviving spouse” for “widow” in two places and increased from $29 to $31 monthly dependency and indemnity compensation rate for each child

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–433 substituted “surviving spouse” for “widow” in two places and increased from $29 to $31 monthly dependency and indemnity compensation rate for each child.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to Widows. read as follows: “§ 411. Dependency and indemnity compensation to a surviving spouse “(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 $260  W–4 $372 E–2 268  O–1 328 E–3 275  O–2 340 E–4 292  O–3 364 E–5 300  O–4 384 E–6 307  O–5 423 E–7 322  O–6 476 E–8 340  O–7 516 E–9 1 355  O–8 565 W–1 328  O–9 607 W–2 341  O–10 2 664 W–3 352 “ 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 Corns, or master chief petty officer of the Coast Guard, at the applicable time designated by sec. 402 of this title, the surviving spouse’s rate shall be $332. “ 2If 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 sec. 402 of this title, the surviving spouse’s rate shall be $712. “(b) If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $31 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $78 if the spouse 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.”.

  24. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 title II § 201 · 90 Stat. 1374

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 94–433 substituted “surviving spouse” and “spouse” for “widow” and “she” and increased monthly rate of compensation payable from $72 to $78

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–433 substituted “surviving spouse” and “spouse” for “widow” and “she” and increased monthly rate of compensation payable from $72 to $78.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to Widows. read as follows: “§ 411. Dependency and indemnity compensation to a surviving spouse “(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 $260  W–4 $372 E–2 268  O–1 328 E–3 275  O–2 340 E–4 292  O–3 364 E–5 300  O–4 384 E–6 307  O–5 423 E–7 322  O–6 476 E–8 340  O–7 516 E–9 1 355  O–8 565 W–1 328  O–9 607 W–2 341  O–10 2 664 W–3 352 “ 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 Corns, or master chief petty officer of the Coast Guard, at the applicable time designated by sec. 402 of this title, the surviving spouse’s rate shall be $332. “ 2If 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 sec. 402 of this title, the surviving spouse’s rate shall be $712. “(b) If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $31 for each such child. “(c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $78 if the spouse 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.”.

  25. Veterans Disability Compensation and Survivor Benefits Act of 1977

    Pub. L. 95–117 title II § 201 · 91 Stat. 1063

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 95–117 generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–117 generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to read as follows: “§ 411. Dependency and indemnity compensation to a surviving spouse “(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 $277   W–4 $397 E–2 286   O–1 350 E–3 293   O–2 362 E–4 311   O–3 388 E–5 320   O–4 409 E–6 327   O–5 451 E–7 343   O–6 507 E–8 362   O–7 550 E–9 1 378   O–8 602 W–1 350   O–9 647 W–2 364   O–10 2 708 W–3 375  “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 Sec. 402 of this title, the surviving spouse’s rate shall be $407. “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 Sec. 402 of this title, the surviving spouse’s rate shall be $759. “(b) If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $33 for each such child. “(c) The monthly rate of dependency and indemnity compensation Ill or handicapped spouse. payable to a surviving spouse shall be increased by $83 if the spouse 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.”.

  26. Veterans Disability Compensation and Survivor Benefits Act of 1977

    Pub. L. 95–117 title II § 201 · 91 Stat. 1063

    Changed · 38 U.S.C. § 1311(b)

    Pub. L. 95–117 increased from $31 to $33 monthly dependency and indemnity compensation rate for each child

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–117 increased from $31 to $33 monthly dependency and indemnity compensation rate for each child.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to read as follows: “§ 411. Dependency and indemnity compensation to a surviving spouse “(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 $277   W–4 $397 E–2 286   O–1 350 E–3 293   O–2 362 E–4 311   O–3 388 E–5 320   O–4 409 E–6 327   O–5 451 E–7 343   O–6 507 E–8 362   O–7 550 E–9 1 378   O–8 602 W–1 350   O–9 647 W–2 364   O–10 2 708 W–3 375  “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 Sec. 402 of this title, the surviving spouse’s rate shall be $407. “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 Sec. 402 of this title, the surviving spouse’s rate shall be $759. “(b) If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $33 for each such child. “(c) The monthly rate of dependency and indemnity compensation Ill or handicapped spouse. payable to a surviving spouse shall be increased by $83 if the spouse 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.”.

  27. Veterans Disability Compensation and Survivor Benefits Act of 1977

    Pub. L. 95–117 title II § 201 · 91 Stat. 1063

    Changed · 38 U.S.C. § 1311(c)

    Pub. L. 95–117 increased monthly rate of compensation payable to a surviving spouse from $78 to $83

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–117 increased monthly rate of compensation payable to a surviving spouse from $78 to $83.

    Enacted provision · exact public law section
    Sec. 201. Section 411 of title 38, United States Code, is amended to read as follows: “§ 411. Dependency and indemnity compensation to a surviving spouse “(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 $277   W–4 $397 E–2 286   O–1 350 E–3 293   O–2 362 E–4 311   O–3 388 E–5 320   O–4 409 E–6 327   O–5 451 E–7 343   O–6 507 E–8 362   O–7 550 E–9 1 378   O–8 602 W–1 350   O–9 647 W–2 364   O–10 2 708 W–3 375  “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 Sec. 402 of this title, the surviving spouse’s rate shall be $407. “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 Sec. 402 of this title, the surviving spouse’s rate shall be $759. “(b) If there is a surviving spouse with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $33 for each such child. “(c) The monthly rate of dependency and indemnity compensation Ill or handicapped spouse. payable to a surviving spouse shall be increased by $83 if the spouse 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.”.

  28. Veterans’ Disability Compensation and Survivors’ Benefits Act of 1978

    Pub. L. 95–479 § 201(a) · 92 Stat. 1560

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 95–479, § 201(a), generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–479, § 201(a), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (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 persons 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 $297 W-4 $426 E-2 307 O-1 376 E-3 314 O-2 388 E-4 334 O-3 416 E-5 343 O-4 439 E-6 351 O-5 484 E-7 368 O-6 544 E-8 388 O-7 590 E-9 1 406 O-8 646 W-1 376 O-9 694 W-2 391 O-10 2 760 W-3 402 “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 $437. “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 $814.”.

  29. Veterans’ Disability Compensation and Survivors’ Benefits Act of 1978

    Pub. L. 95–479 § 201(b) · 92 Stat. 1560

    Changed · 38 U.S.C. § 1311(b)

    Pub. L. 95–479, § 201(b), increased from $33 to $35 monthly dependency and indemnity compensation rate for each child

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–479, § 201(b), increased from $33 to $35 monthly dependency and indemnity compensation rate for each child.

    Enacted provision · exact public law section
    (b) Subsection (b) of such section is amended by striking out “$33” and inserting in lieu thereof “$35”.

  30. Veterans’ Disability Compensation and Survivors’ Benefits Act of 1978

    Pub. L. 95–479 § 201(c) · 92 Stat. 1560

    Changed · 38 U.S.C. § 1311(c)

    Pub. L. 95–479, § 201(c), increased monthly rate of compensation from $83 to $89

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–479, § 201(c), increased monthly rate of compensation from $83 to $89.

    Enacted provision · exact public law section
    (c) Subsection (c) of such section is amended by striking out “$83” and inserting in lieu thereof “$89”.

  31. Veterans’ Disability Compensation and Survivors’ Benefits Act of 1978

    Pub. L. 95–479 § 201(d) · 92 Stat. 1560

    Added · 38 U.S.C. § 1311(d)

    Pub. L. 95–479, § 201(d), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 95–479, § 201(d), added subsec. (d).

    Enacted provision · exact public law section
    (d) Such section is further amended by adding at the end thereof the following new subsection: “(d) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased by $45 if the surviving spouse is, by reason of disability, permanently housebound but does not qualify for the aid and attendance allowance under subsection (c) of this section. For the purposes of this subsection, the requirement of ‘permanently housebound’ will be considered to have been met when the surviving spouse is substantially confined to such surviving spouse’s home (ward or clinical areas, if institutionalized) or immediate premises by reason of a disability or disabilities which it is reasonably certain will remain throughout such surviving spouse's lifetime.”.

  32. Veterans’ Disability Compensation and Survivors’ Benefits Amendments of 1979

    Pub. L. 96–128 § 201(a) · 93 Stat. 982

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 96–128, § 201(a), generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–128, § 201(a), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (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 $326   W–4 $468   E–2 337   O–1 413   E–3 345   O–2 426   E–4 367   O–3 457   E–5 377   O–4 482   E–6 386   O–5 532   E–7 404   O–6 598   E–8 426   O–7 648   E–9 1 446   O–8 710   W–1 413   O–9 763   W–2 430   O–10 2 835   W–3 442 “ 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 $480. “ 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 $895.”.

  33. Veterans’ Disability Compensation and Survivors’ Benefits Amendments of 1979

    Pub. L. 96–128 § 201(b) · 93 Stat. 982

    Changed · 38 U.S.C. § 1311(b)

    Pub. L. 96–128, § 201(b), increased from $35 to $38 monthly dependency and indemnity compensation rate for each child

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–128, § 201(b), increased from $35 to $38 monthly dependency and indemnity compensation rate for each child.

    Enacted provision · exact public law section
    (b) Subsection (b) of such section is amended by striking out “$35” and inserting in lieu thereof “$38”.

  34. Veterans’ Disability Compensation and Survivors’ Benefits Amendments of 1979

    Pub. L. 96–128 § 201(c) · 93 Stat. 982

    Changed · 38 U.S.C. § 1311(c)

    Pub. L. 96–128, § 201(c), increased monthly rate of compensation from $89 to $98

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–128, § 201(c), increased monthly rate of compensation from $89 to $98.

    Enacted provision · exact public law section
    (c) Subsection (c) of such section is amended by striking out “$89” and inserting in lieu thereof “$98”.

  35. Veterans’ Disability Compensation and Survivors’ Benefits Amendments of 1979

    Pub. L. 96–128 § 201(d) · 93 Stat. 982

    Changed · 38 U.S.C. § 1311(d)

    Pub. L. 96–128, § 201(d), increased monthly rate from $45 to $49

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–128, § 201(d), increased monthly rate from $45 to $49.

    Enacted provision · exact public law section
    (d) Subsection (d) of such section is amended by striking out “$45” and inserting in lieu thereof “$49”.

  36. Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

    Pub. L. 96–385 § 201(a) · 94 Stat. 1528

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 96–385, § 201(a), generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–385, § 201(a), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (a) Subsection (a) of section 411 is amended to read as 38 USC 411. 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 $373   W–4 $535   E–2 385   O–1 472   E–3 394   O–2 487   E–4 419   O–3 522   E–5 431   O–4 551   E–6 441   O–5 608   E–7 462   O–6 684   E–8 487   O–7 741   E–9 1510   O–8 812   W–1 472   O–9 872   W–2 491   O–10 2954   W–3 505     “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 $549. “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 $1,023.”.

  37. Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

    Pub. L. 96–385 § 201(b) · 94 Stat. 1528

    Changed · 38 U.S.C. § 1311(b)

    Pub. L. 96–385, § 201(b), increased from $38 to $43 monthly dependency and indemnity compensation rate for each child

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–385, § 201(b), increased from $38 to $43 monthly dependency and indemnity compensation rate for each child.

    Enacted provision · exact public law section
    (b) Subsection (b) of such section is amended by striking out “$38” and inserting in lieu thereof “$43”.

  38. Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

    Pub. L. 96–385 § 201(c) · 94 Stat. 1528

    Changed · 38 U.S.C. § 1311(c)

    Pub. L. 96–385, § 201(c), increased monthly rate of compensation from $98 to $112

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–385, § 201(c), increased monthly rate of compensation from $98 to $112.

    Enacted provision · exact public law section
    (c) Subsection (c) of such section is amended by striking out “$98” and inserting in lieu thereof “$112”.

  39. Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

    Pub. L. 96–385 § 201(d) · 94 Stat. 1528

    Changed · 38 U.S.C. § 1311(d)

    Pub. L. 96–385, § 201(d), increased monthly rate of compensation from $49 to $56

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–385, § 201(d), increased monthly rate of compensation from $49 to $56.

    Enacted provision · exact public law section
    (d) Subsection (d) of such section is amended by striking out “$49” and inserting in lieu thereof “$56”.

  40. Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

    Pub. L. 97–66 § 201(a) · 95 Stat. 1026

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 97–66, § 201(a), generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–66, § 201(a), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (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 $415  W–4 $595   E–2 428  O–1 525   E–3 438  O–2 542   E–4 466  O–3 580   E–5 479  O–4 613   E–6 490  O–5 676   E–7 514  O–6 761   E–8 542  O–7 824   E–9 1567  O–8 903   W–1 526  O–9 970   W–2 546  O–10 21,061   W–3 562 “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 spouses rate shall be $610. “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 $1,138.”.

  41. Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

    Pub. L. 97–66 § 201(b) · 95 Stat. 1026

    Changed · 38 U.S.C. § 1311(b)

    Pub. L. 97–66, § 201(b), increased from $43 to $48 monthly dependency and indemnity compensation rate for each child

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–66, § 201(b), increased from $43 to $48 monthly dependency and indemnity compensation rate for each child.

    Enacted provision · exact public law section
    (b) Subsection (b) of such section is amended by striking out “$43” and inserting in lieu thereof “$48”.

  42. Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

    Pub. L. 97–66 § 201(c) · 95 Stat. 1026

    Changed · 38 U.S.C. § 1311(c)

    Pub. L. 97–66, § 201(c), increased monthly rate of compensation from $112 to $125

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–66, § 201(c), increased monthly rate of compensation from $112 to $125.

    Enacted provision · exact public law section
    (c) Subsection (c) of such section is amended by striking out “$112” and inserting in lieu thereof “$125”.

  43. Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

    Pub. L. 97–66 § 201(d) · 95 Stat. 1026

    Changed · 38 U.S.C. § 1311(d)

    Pub. L. 97–66, § 201(d), increased monthly rate of compensation from $56 to $62

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–66, § 201(d), increased monthly rate of compensation from $56 to $62.

    Enacted provision · exact public law section
    (d) Subsection (d) of such section is amended by striking out “$56” and inserting in lieu thereof “$62”.

  44. Pub. L. 97–253 § 405(e)(1) · 96 Stat. 804

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 97–253, § 405(e)(1), (h), eff. Jan. 1, 1983, lowered monthly rates for all grades and for positions mentioned in footnotes by $1, except for grades E–3 through E–7

    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(e)(1), (h), eff. Jan. 1, 1983, lowered monthly rates for all grades and for positions mentioned in footnotes by $1, except for grades E–3 through E–7.

  45. Pub. L. 97–253 § 405(e)(2) · 96 Stat. 804

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 97–253, § 405(e)(2), (h), eff. Jan. 1, 1983, substituted “$47” for “$48” after “shall be increased by”

    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(e)(2), (h), eff. Jan. 1, 1983, substituted “$47” for “$48” after “shall be increased by”.

  46. Pub. L. 97–253 § 405(e)(3) · 96 Stat. 804

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 97–253, § 405(e)(3), (h), eff. Jan. 1, 1983, substituted “$124” for “$125”

    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(e)(3), (h), eff. Jan. 1, 1983, substituted “$124” for “$125”.

  47. Pub. L. 97–253 § 405(e)(4) · 96 Stat. 804

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 97–253, § 405(e)(4), (h), eff. Jan. 1, 1983, substituted “$61” for “$62” after “shall be increased by”

    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(e)(4), (h), eff. Jan. 1, 1983, substituted “$61” for “$62” after “shall be increased by”.

  48. Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 title I · 96 Stat. 1429

    Repealed · 38 U.S.C. § 1311(a)

    Pub. L. 97–306, §§ 104(a), 107, 108, generally upgraded monthly rates for all pay grades, and repealed amendments made by Pub. L. 97–253, § 405(e)(1), eff. Oct. 1, 1982

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–306, §§ 104(a), 107, 108, generally upgraded monthly rates for all pay grades, and repealed amendments made by Pub. L. 97–253, § 405(e)(1), 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.

  49. Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 title I · 96 Stat. 1429

    1. Substituted · 38 U.S.C. § 1311(b)

      Pub. L. 97–306, §§ 104(b), 107, 108, substituted “$51” for “$48”

    2. Repealed · 38 U.S.C. § 1311(b)

      Pub. L. 97–306, §§ 104(b), 107, 108, repealed amendment made by Pub. L. 97–253, § 405(e)(2), eff. Oct. 1, 1982

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–306, §§ 104(b), 107, 108, substituted “$51” for “$48”, and repealed amendment made by Pub. L. 97–253, § 405(e)(2), 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.

  50. Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 title I · 96 Stat. 1429

    1. Substituted · 38 U.S.C. § 1311(c)

      Pub. L. 97–306, §§ 104(c), 107, 108, substituted “$134” for “$125”

    2. Repealed · 38 U.S.C. § 1311(c)

      Pub. L. 97–306, §§ 104(c), 107, 108, repealed amendment made by Pub. L. 97–253, § 405(e)(3), eff. Oct. 1, 1982

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–306, §§ 104(c), 107, 108, substituted “$134” for “$125”, and repealed amendment made by Pub. L. 97–253, § 405(e)(3), 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.

  51. Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 title I · 96 Stat. 1429

    1. Substituted · 38 U.S.C. § 1311(d)

      Pub. L. 97–306, §§ 104(d), 107, 108, substituted “$66” for “$62”

    2. Repealed · 38 U.S.C. § 1311(d)

      Pub. L. 97–306, §§ 104(d), 107, 108, repealed amendment made by Pub. L. 97–253, § 405(e)(4), eff. Oct. 1, 1982

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–306, §§ 104(d), 107, 108, substituted “$66” for “$62”, and repealed amendment made by Pub. L. 97–253, § 405(e)(4), 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.

  52. Veterans’ Compensation and Program Improvements Amendments of 1984

    Pub. L. 98–223 § 104(a) · 98 Stat. 37

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 98–223, § 104(a), generally upgraded monthly rates for all pay grades

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–223, § 104(a), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (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: Monthly Monthly “Pay grade rate Pay grade rate E–1 $461    W–4 $661 E–2 475    O–1 583 E–3 486    O–2 602 E–4 518    O–3 644 E–5 532    O–4 681 E–6 544    O–5 751 E–7 571    O–6 846 E–8 602    O–7 915 E–9 1 629    O–8 1,003 W–1 583    O–9 1,077 W–2 607    O–10 2 1,179 W–3 624 “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 $678. “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 $1,265”.

  53. Veterans’ Compensation and Program Improvements Amendments of 1984

    Pub. L. 98–223 § 104(b) · 98 Stat. 37

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 98–223, § 104(b), substituted “$53” for “$51”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–223, § 104(b), substituted “$53” for “$51”.

    Enacted provision · exact public law section
    (b) Subsection (b) of such section is amended by striking out “$51” and inserting in lieu thereof “$53”.

  54. Veterans’ Compensation and Program Improvements Amendments of 1984

    Pub. L. 98–223 § 104(c) · 98 Stat. 37

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 98–223, § 104(c), substituted “$139” for “$134”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–223, § 104(c), substituted “$139” for “$134”.

    Enacted provision · exact public law section
    (c) Subsection (c) of such section is amended by striking out “$134” and inserting in lieu thereof “$139”.

  55. Veterans’ Compensation and Program Improvements Amendments of 1984

    Pub. L. 98–223 § 104(d) · 98 Stat. 37

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 98–223, § 104(d), substituted “$68” for “$66”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–223, § 104(d), substituted “$68” for “$66”.

    Enacted provision · exact public law section
    (d) Subsection (d) of such section is amended by striking out “$66” and inserting in lieu thereof “$68”.

  56. Veterans’ Benefits Improvement Act of 1984

    Pub. L. 98–543 § 104(a) · 98 Stat. 2735

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 98–543, § 104(a), generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–543, § 104(a), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (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 $476   W–4 $682  E–2 490   O–1 602  E–3. 502   O–2 621  E–4 535   O–3 665  E–5 549   O–4 703  E–6 561   O–5 775  E–7 589   O–6 873  E–8 621   O–7 944  E–9 1 649   O–8 1,035  W–1 602   O–9 1,111  W–2 626   O–10 2 1,217  W–3. 644     “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 $700. “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 $1,305.”;

  57. Veterans’ Benefits Improvement Act of 1984

    Pub. L. 98–543 § 104(b) · 98 Stat. 2735

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 98–543, § 104(b), substituted “$55” for “$53”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–543, § 104(b), substituted “$55” for “$53”.

    Enacted provision · exact public law section
    (b) Subsection (b) of such section is amended by striking out “$53” and inserting in lieu thereof “$55”.

  58. Veterans’ Benefits Improvement Act of 1984

    Pub. L. 98–543 § 104(c) · 98 Stat. 2735

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 98–543, § 104(c), substituted “$143” for “$139”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–543, § 104(c), substituted “$143” for “$139”.

    Enacted provision · exact public law section
    (c) Subsection (c) of such section is amended by striking out “$139” and inserting in lieu thereof “$143”.

  59. Veterans’ Benefits Improvement Act of 1984

    Pub. L. 98–543 § 104(d) · 98 Stat. 2735

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 98–543, § 104(d), substituted “$70” for “$68”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 98–543, § 104(d), substituted “$70” for “$68”.

    Enacted provision · exact public law section
    (d) Subsection (d) of such section is amended by striking out “$68” and inserting in lieu thereof “$70”.

  60. Veterans’ Compensation Rate Increase and Job Training Amendments of 1985

    Pub. L. 99–238 § 104(1) · 99 Stat. 1765

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 99–238, § 104(1), generally upgraded monthly rates for all pay grades

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–238, § 104(1), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (1) by striking out the table in subsection (a) and inserting in lieu thereof the following: ‌Pay grade Monthly rate  Pay grade Monthly rate E-1 $491     W-4 $703 E-2 505     O-1 621 E-3 518     O-2 640 E-4 552     O-3 686 E-5 566     O-4 725 E-6 578     O-5 799 E-7 607     O-6 900 E-8 640     O-7 973 E-9 1 669     O-8 1,067 W-1 621     O-9 1,145 W-2 645     O-10 2 1,255 W-3 664     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 $722. 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, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse’s rate shall be $1,345”;

  61. Veterans’ Compensation Rate Increase and Job Training Amendments of 1985

    Pub. L. 99–238 § 104(2) · 99 Stat. 1765

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 99–238, § 104(2), substituted “$57” for “$55”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–238, § 104(2), substituted “$57” for “$55”.

    Enacted provision · exact public law section
    (2) by striking out “$55” in subsection (b) and inserting in lieu thereof “$57”;

  62. Veterans’ Compensation Rate Increase and Job Training Amendments of 1985

    Pub. L. 99–238 § 104(3) · 99 Stat. 1765

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 99–238, § 104(3), substituted “$147” for “$143”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–238, § 104(3), substituted “$147” for “$143”.

    Enacted provision · exact public law section
    (3) by striking out “$143” in subsection (c) and inserting in lieu thereof “$147”; and

  63. Veterans’ Compensation Rate Increase and Job Training Amendments of 1985

    Pub. L. 99–238 § 104(4) · 99 Stat. 1765

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 99–238, § 104(4), substituted “$72” for “$70”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 99–238, § 104(4), substituted “$72” for “$70”.

    Enacted provision · exact public law section
    (4) by striking out “$70” in subsection (d) and inserting in lieu thereof “$72”.

  64. Pub. L. 99–576 § 104(1) · 100 Stat. 3248

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 99–576, § 104(1), generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–576, § 104(1), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (1) by striking out the table in subsection (a) and inserting in lieu thereof the following: “Pay grade Monthly rate  Pay grade Monthly rate  E–1 $498   W–4 $714  E–2 513   O–1 630  E–3 526   O–2 650  E–4 560   O–3 696  E–5 574   O–4 736  E–6 587   O–5 811  E–7 616   O–6 914  E–8 650   O–7 988  E–9 1679   O–8 1,083 “Pay grade Monthly rate  Pay grade Monthly rate  W–1 630   O–9 1,162  W–2 655   O–10 2 1, 274  W–3 674 “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 $733. “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, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse’s rate shall be $1,365.”;

  65. Pub. L. 99–576 § 104(2) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 99–576, § 104(2), substituted “$58” for “$57”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–576, § 104(2), substituted “$58” for “$57”.

    Enacted provision · exact public law section
    (2) by striking out “$57” in subsection (b) and inserting in lieu thereof “$58”;

  66. Pub. L. 99–576 § 104(3) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 99–576, § 104(3), substituted “$149” for “$147”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–576, § 104(3), substituted “$149” for “$147”.

    Enacted provision · exact public law section
    (3) by striking out “$147” in subsection (c) and inserting in lieu thereof “$149”; and

  67. Pub. L. 99–576 § 104(4) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 99–576, § 104(4), substituted “$73” for “$72”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–576, § 104(4), substituted “$73” for “$72”.

    Enacted provision · exact public law section
    (4) by striking out “$72” in subsection (d) and inserting in lieu thereof “$73”.

  68. National Defense Authorization Act for Fiscal Years 1988 and 1989

    Pub. L. 100–180 div. A title XIII § 1314(d)(s1) · 101 Stat. 1019

    Inserted · 38 U.S.C. § 1311(a)

    Pub. L. 100–180 inserted “or Vice Chairman” in footnote 2 after table

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–180 inserted “or Vice Chairman” in footnote 2 after table.

    Enacted provision · exact public law section
    (d) Miscellaneous Amendments.— Footnote 2 in the table in section 411(a) of title 38, United States Code, is amended by inserting “or Vice Chairman” after “Chairman”. (2) Section 1344(b)(4) of title 31, United States Code, is amended by inserting “the members and Vice Chairman of” before “the Joint Chiefs of Staff”. (3) Footnote 2 of the table entitled “COMMISSIONED OFFICERS” in section 101(b)(1) of the Uniformed Services Pay Act of 1981 (37 U.S.C. 1009 note) is amended by inserting “or Vice Chairman” after “Chairman”. (4) Section 1302(b)(3) of the Department of Defense Authorization Act, 1986 (37 U.S.C. 431 note), is amended by striking out “section 133(d)” and inserting in lieu thereof “section 113(d)”.

  69. Pub. L. 100–227 § 104(1) · 101 Stat. 1552

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 100–227, § 104(1), generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–227, § 104(1), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (1) by striking out the table in subsection (a) and inserting in lieu thereof the following: “Pay grade Monthly rate Pay grade Monthly rate  E–1 $518  W–4 $743  E–2 534  O–1 656  E–3 548  O–2 677  E–4 583  O–3 725  E–5 598  O–4 766  E–6 611  O–5 845  E–7 641  O–6 952  E–8 677  O–7 1,029  E–9 1707  O–8 1,128  W–1 656  O–9 1,210  W–2 682  O–10 21,327  W–3 702     “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 $763. “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, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse’s rate shall be $1,422.”;

  70. Pub. L. 100–227 § 104(2) · 101 Stat. 1552

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 100–227, § 104(2), substituted “$60” for “$58”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–227, § 104(2), substituted “$60” for “$58”.

    Enacted provision · exact public law section
    (2) by striking out “$58” in subsection (b) and inserting in lieu thereof “$60”;

  71. Pub. L. 100–227 § 104(3) · 101 Stat. 1552

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 100–227, § 104(3), substituted “$155” for “$149”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–227, § 104(3), substituted “$155” for “$149”.

    Enacted provision · exact public law section
    (3) by striking out “$149” in subsection (c) and inserting in lieu thereof “$155”; and

  72. Pub. L. 100–227 § 104(4) · 101 Stat. 1552

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 100–227, § 104(4), substituted “$76” for “$73”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–227, § 104(4), substituted “$76” for “$73”.

    Enacted provision · exact public law section
    (4) by striking out “$73” in subsection (d) and inserting in lieu thereof “$76”.

  73. Veterans’ Benefits Improvement Act of 1988

    Pub. L. 100–687 § 1104(1) · 102 Stat. 4105

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 100–687, § 1104(1), generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–687, § 1104(1), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (1) by striking out the table in subsection (a) and inserting in lieu thereof the following: “Pay grade Monthly rate Pay grade Monthly rate  E-1 $539  W-4 $773  E-2 $555  O-1 682  E-3 570  O-2 704  E-4 606  O-3 754  E-5 622  O-4 797  E-6 636  O-5 879  E-7 667  O-6 991  E-8 704  O-7 1,071  E-9 1 735  O-8 1,174  W-1 682  O-9 1,259  W-2 709  O-10 2 1,381  W-3 730 “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 $794. “2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse’s rate shall be $1,480.”;

  74. Veterans’ Benefits Improvement Act of 1988

    Pub. L. 100–687 § 1104(2) · 102 Stat. 4105

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 100–687, § 1104(2), substituted “$62” for “$60”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–687, § 1104(2), substituted “$62” for “$60”.

    Enacted provision · exact public law section
    (2) by striking out “$60” in subsection (b) and inserting in lieu thereof “$62”;

  75. Veterans’ Benefits Improvement Act of 1988

    Pub. L. 100–687 § 1104(3) · 102 Stat. 4105

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 100–687, § 1104(3), substituted “$161” for “$155”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–687, § 1104(3), substituted “$161” for “$155”.

    Enacted provision · exact public law section
    (3) by striking out “$155” in subsection (c) and inserting in lieu thereof “$161”; and

  76. Veterans’ Benefits Improvement Act of 1988

    Pub. L. 100–687 § 1104(4) · 102 Stat. 4105

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 100–687, § 1104(4), substituted “$79” for “$76”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–687, § 1104(4), substituted “$79” for “$76”.

    Enacted provision · exact public law section
    (4) by striking out “$76” in subsection (d) and inserting in lieu thereof “$79”.

  77. Veterans’ Benefits Amendments of 1989

    Pub. L. 101–237 § 104(1) · 103 Stat. 2062

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 101–237, § 104(1), generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–237, § 104(1), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (1) by striking out the table in subsection (a) and inserting in lieu thereof the following:   Monthly   Monthly “Pay grade rate Pay grade rate E–1 $564 W–4 $809 E–2 581 O–1 714 E–3 597 O–2 737 E–4 634 O–3 789 E–5 651 O–4 834 E–6 666 O–5 920 E–7 698 O–6 1,038 E–8 737 O–7 1,121 E–9 1 770 O–8 1,229 W–1 714 O–9 1,318 W–2 742 O–10 2 1,446 W–3 764 "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 $831. "2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army. Chief of Naval Operations. Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse’s rate shall be $1,550.”;

  78. Veterans’ Benefits Amendments of 1989

    Pub. L. 101–237 § 104(2) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 101–237, § 104(2), substituted “$65” for “$62”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–237, § 104(2), substituted “$65” for “$62”.

    Enacted provision · exact public law section
    (2) by striking out “$62” in subsection (b) and inserting in lieu thereof “$65”;

  79. Veterans’ Benefits Amendments of 1989

    Pub. L. 101–237 § 104(3) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 101–237, § 104(3), substituted “$169” for “$161”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–237, § 104(3), substituted “$169” for “$161”.

    Enacted provision · exact public law section
    (3) by striking out “$161” in subsection (c) and inserting in lieu thereof “$169”; and

  80. Veterans’ Benefits Amendments of 1989

    Pub. L. 101–237 § 104(4) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 101–237, § 104(4), substituted “$83” for “$79”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–237, § 104(4), substituted “$83” for “$79”.

    Enacted provision · exact public law section
    (4) by striking out “$79” in subsection (d) and inserting in lieu thereof “$ 83”.

  81. Pub. L. 102–3 § 5(1) · 105 Stat. 7

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 102–3, § 5(1), generally upgraded monthly rates for all pay grades

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–3, § 5(1), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (1) by striking out the table in subsection (a) and inserting in lieu thereof the following: Monthly Monthly “Pay grade rate Pay grade rate E–1 $594 W–4 $852 E–3 629 O–2 776 E–4 668 O–3 831 E–5 686 O–4 879 E–6 701 O–5 969 E–7 735 O–6 1,094 E–8 776 O–7 1,181 E–9 1811 O–8 1,295 W–1 752 O–9 1,389 W–2 782 O–10 21,524 W–3 805 “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 8875. “2 If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse’s rate shall be $1,633.”;

  82. Pub. L. 102–3 § 5(2) · 105 Stat. 7

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 102–3, § 5(2), substituted “$68” for “$65”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–3, § 5(2), substituted “$68” for “$65”.

    Enacted provision · exact public law section
    (2) by striking out “$65” in subsection (b) and inserting in lieu thereof “$68”;

  83. Pub. L. 102–3 § 5(3) · 105 Stat. 7

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 102–3, § 5(3), substituted “$178” for “$169”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–3, § 5(3), substituted “$178” for “$169”.

    Enacted provision · exact public law section
    (3) by striking out “$169” in subsection (c) and inserting in lieu thereof “$178”; and

  84. Pub. L. 102–3 § 5(4) · 105 Stat. 7

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 102–3, § 5(4), substituted “$87” for “$83”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–3, § 5(4), substituted “$87” for “$83”.

    Enacted provision · exact public law section
    (4) by striking out “$83” in subsection (d) and inserting in lieu thereof “$87”.

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

    Changed · 38 U.S.C. § 1311

    Pub. L. 102–83, § 5(a), renumbered section 411 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 411 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.

  86. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1311(a)

    Pub. L. 102–83, § 5(c)(1), substituted “1302” for “402” in footnotes 1 and 2

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(c)(1), substituted “1302” for “402” in footnotes 1 and 2.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

  87. Veterans’ Compensation Rate Amendments of 1991

    Pub. L. 102–152 § 5(1) · 105 Stat. 985

    Changed · 38 U.S.C. § 1311(a)

    Pub. L. 102–152, § 5(1), generally upgraded monthly rates for all pay grades

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–152, § 5(1), generally upgraded monthly rates for all pay grades.

    Enacted provision · exact public law section
    (1) by striking out the table in subsection (a) and inserting in lieu thereof the following: Monthly Monthly “Pay grade rate Pay grade rate E–1 $616 W–4 $884 E–2 635 O–1 780 E–3 652 O–2 805 E–4 693 O–3 862 E–5 711 O–4 912 E–6 727 O–5 1005 E–7 762 O–6 1,134 E–8 805 O–7 1,225 E–9 1841 O–8 1,343 W–1 780 O–9 1,440 W–2 811 O–10 21,580 W–3 835 “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 1302 of this title, the surviving spouses’s rate shall be $907 “2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $1,693.”:

  88. Veterans’ Compensation Rate Amendments of 1991

    Pub. L. 102–152 § 5(2) · 105 Stat. 985

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 102–152, § 5(2), substituted “$71” for “$68”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–152, § 5(2), substituted “$71” for “$68”.

    Enacted provision · exact public law section
    (2) by striking out “$68” in subsection (b) and inserting in lieu thereof “$71”;

  89. Veterans’ Compensation Rate Amendments of 1991

    Pub. L. 102–152 § 5(3) · 105 Stat. 985

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 102–152, § 5(3), substituted “$185” for “$178”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–152, § 5(3), substituted “$185” for “$178”.

    Enacted provision · exact public law section
    (3) by striking out “$178” in subsection (c) and inserting in lieu thereof “$185”; and

  90. Veterans’ Compensation Rate Amendments of 1991

    Pub. L. 102–152 § 5(4) · 105 Stat. 985

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 102–152, § 5(4), substituted “$90” for “$87”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–152, § 5(4), substituted “$90” for “$87”.

    Enacted provision · exact public law section
    (4) by striking out “$87” in subsection (d) and inserting in lieu thereof “$90”.

  91. Dependency and Indemnity Compensation Reform Act of 1992

    Pub. L. 102–568 § 102(a) · 106 Stat. 4320

    1. Added · 38 U.S.C. § 1311(a)

      Pub. L. 102–568, § 102(a), added pars. (1) to (3) before table

    2. Struck · 38 U.S.C. § 1311(a)

      Pub. L. 102–568, § 102(a), struck out former provision before table which read as follows: “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:”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–568, § 102(a), added pars. (1) to (3) before table and struck out former provision before table which read as follows: “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:”.

    Enacted provision · exact public law section
    (a) Surviving Spouse Basic Rate.— Subsection (a) of section 1311 is amended by striking out the matter preceding the table and inserting in lieu thereof the following: “(a) (1) Dependency and indemnity compensation shall be paid to a surviving spouse at the monthly rate of $750. “(2) The rate under paragraph (1) shall be increased by $165 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran’s disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered. “(3) In the case of dependency and indemnity compensation paid to a surviving spouse that is predicated on the death of a veteran before January 1, 1993, the monthly rate of such compensation shall be the amount based on the pay grade of such veteran, as set forth in the following table, if the amount is greater than the total amount determined with respect to that veteran under paragraphs (1) and (2):”.

  92. Dependency and Indemnity Compensation Reform Act of 1992

    Pub. L. 102–568 § 102(b) · 106 Stat. 4320

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 102–568, § 102(b), substituted “$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter” for “$71 for each such child”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–568, § 102(b), substituted “$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter” for “$71 for each such child”.

    Enacted provision · exact public law section
    (b) Additional Rate for Surviving Spouse With Minor Children.— Subsection (b) of such section is amended by striking out “$71 for each such child” and inserting in lieu thereof “$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter”.

  93. Pub. L. 103–78 § 4(1) · 107 Stat. 767

    Changed · 38 U.S.C. § 1311(a)(3)

    Pub. L. 103–78, § 4(1), generally upgraded monthly rates for all pay grades in table

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–78, § 4(1), generally upgraded monthly rates for all pay grades in table.

    Enacted provision · exact public law section
    (1) by striking out the table in subsection (a)(3) and inserting in lieu thereof the following: “Pay grade Monthly rate “Pay grade Monthly rate  E–1 $634  W–4 $911  E–2 654  O–1 803  E–3 672  O–2 829  E–4 714  O–3 888  E–5 732  O–4 939  E–6 749  O–5 1,035  E–7 785  O–6 1,168  E–8 829  O–7 1,262  E–9 1 866  O–8 1,383  W–1 803  O–9 1,483  W–2 835  O–10 2 1,627  W–3 860     “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 $934. “2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse’s rate shall be $1,744.”;

  94. Pub. L. 103–78 § 4(2) · 107 Stat. 767

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 103–78, § 4(2), substituted “$191” for “$185”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–78, § 4(2), substituted “$191” for “$185”.

    Enacted provision · exact public law section
    (2) by striking out “$185” in subsection (c) and inserting in lieu thereof “$191”; and

  95. Pub. L. 103–78 § 4(3) · 107 Stat. 767

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 103–78, § 4(3), substituted “$93” for “$90”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–78, § 4(3), substituted “$93” for “$90”.

    Enacted provision · exact public law section
    (3) by striking out “$90” in subsection (d) and inserting in lieu thereof “$93”.

  96. Pub. L. 103–140 § 5(1) · 107 Stat. 1485

    Substituted · 38 U.S.C. § 1311(a)(1)

    Pub. L. 103–140, § 5(1), substituted “$769” for “$750”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–140, § 5(1), substituted “$769” for “$750”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), by striking out “$750” and inserting in lieu thereof “$769”;

  97. Pub. L. 103–140 § 5(2) · 107 Stat. 1485

    Substituted · 38 U.S.C. § 1311(a)(2)

    Pub. L. 103–140, § 5(2), substituted “$169” for “$165”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 103–140, § 5(2), substituted “$169” for “$165”.

    Enacted provision · exact public law section
    (2) in subsection (a)(2), by striking out “$165” and inserting in lieu thereof “$169”;

  98. Pub. L. 103–140 § 5(3) · 107 Stat. 1485

    1. Struck · 38 U.S.C. § 1311(a)(3)

      Pub. L. 103–140, § 5(3), generally upgraded monthly rates in table for pay grades E–7 to E–9, W–1 to W–4, and O–1 to O–10, struck out table entries for pay grades E–1 to E–6

    2. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 103–140, § 5(3), generally upgraded monthly rates in table for pay grades E–7 to E–9, W–1 to W–4, and O–1 to O–10, substituted “$943” for “$934” in footnote 2

    3. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 103–140, § 5(3), generally upgraded monthly rates in table for pay grades E–7 to E–9, W–1 to W–4, and O–1 to O–10, substituted “section 1302” for “section 402” in footnote 2

    4. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 103–140, § 5(3), generally upgraded monthly rates in table for pay grades E–7 to E–9, W–1 to W–4, and O–1 to O–10, substituted “$1,753” for “$1,744” in footnote 2

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 103–140, § 5(3), generally upgraded monthly rates in table for pay grades E–7 to E–9, W–1 to W–4, and O–1 to O–10, struck out table entries for pay grades E–1 to E–6, and substituted “$943” for “$934” in footnote 1 and “section 1302” for “section 402” and “$1,753” for “$1,744” in footnote 2.

    Enacted provision · exact public law section
    (3) in subsection (a)(3), by striking out the table therein and inserting in lieu thereof the following: “Pay grade Monthly rate Pay grade Monthly rate E-7 ................... $794 O-3 ................... $897 E-8 ................... 838 O-4 ................... 948 E-9 ................... 1 875 O-5 ................... 1,044 W-1 ................... 812 O-6 ................... 1,177 W-2 ................... 844 O-7 ................... 1,271 W-3 ................... 869 O-8 ................... 1,392 W-4 ................... 920 O-9 ................... 1,492 O-1 ................... 812 O-10 ................... 2 1,636 O-2 ................... 838 ................... ............ “1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, servant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $943. “2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $1,753.”;

  99. Pub. L. 103–140 § 5(4) · 107 Stat. 1485

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 103–140, § 5(4), substituted “$195” for “$191”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–140, § 5(4), substituted “$195” for “$191”.

    Enacted provision · exact public law section
    (4) in subsection (c), by striking out “$191” and inserting in lieu thereof “$195”; and

  100. Pub. L. 103–140 § 5(5) · 107 Stat. 1485

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 103–140, § 5(5), substituted “$95” for “$93”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–140, § 5(5), substituted “$95” for “$93”.

    Enacted provision · exact public law section
    (5) in subsection (d), by striking out “$93” and inserting in lieu thereof “$95”.

  101. Veterans’ Compensation Rate Amendments of 1997

    Pub. L. 105–98 § 5(a)(1) · 111 Stat. 2155

    Substituted · 38 U.S.C. § 1311(a)(1)

    Pub. L. 105–98, § 5(a)(1), substituted “$850” for “$769”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 105–98, § 5(a)(1), substituted “$850” for “$769”.

    Enacted provision · exact public law section
    (1) by striking out “$769” in paragraph (1) and inserting in lieu thereof “$850”; and

  102. Veterans’ Compensation Rate Amendments of 1997

    Pub. L. 105–98 § 5(a)(2) · 111 Stat. 2155

    Substituted · 38 U.S.C. § 1311(a)(2)

    Pub. L. 105–98, § 5(a)(2), substituted “$185” for “$169”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 105–98, § 5(a)(2), substituted “$185” for “$169”.

    Enacted provision · exact public law section
    (2) by striking out “$169” in paragraph (2) and inserting in lieu thereof “$185”.

  103. Veterans’ Compensation Rate Amendments of 1997

    Pub. L. 105–98 § 5(b) · 111 Stat. 2155

    1. Inserted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 105–98, § 5(b), inserted table entries for pay grades E–1 to E–6, generally upgraded monthly rates in table for pay grades E–7 to E–9, W–1 to W–4, and O–1 to O–10

    2. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 105–98, § 5(b), substituted “section 402 of this title” for “section 1302 of this title” in footnote 1

    3. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 105–98, § 5(b), substituted “$1,044” for “$943” in footnote 1

    4. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 105–98, § 5(b), substituted “section 402 of this title” for “section 1302 of this title” in footnote 2

    5. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 105–98, § 5(b), substituted “$1,941” for “$1,753” in footnote 2

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 105–98, § 5(b), inserted table entries for pay grades E–1 to E–6, generally upgraded monthly rates in table for pay grades E–7 to E–9, W–1 to W–4, and O–1 to O–10, substituted “section 402 of this title” for “section 1302 of this title” and “$1,044” for “$943” in footnote 1, and substituted “section 402 of this title” for “section 1302 of this title” and “$1,941” for “$1,753” in footnote 2.

    Enacted provision · exact public law section
    (b) Old Law Rates.— The table in subsection (a)(3) is amended to read as follows:   Monthly   Monthly “Pay grade rate Pay grade rate E-1 $850 W-4 $1,017 E-2 850 O-1 898 E-3 850 O-2 928 E-4 850 O-3 992 E-5 850 O-4 1,049 E-6 850 O-5 1,155 E-7 879 O-6 1,302 E-8 928 O-7 1,406 E-9 2968 O-8 1,541 W-1 898 O-9 1,651 W-2 934 O-1O 21,811 W-3 962     “1If 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 $1,044. “2If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall be $1,941.”

  104. Veterans’ Compensation Rate Amendments of 1997

    Pub. L. 105–98 § 5(c) · 111 Stat. 2155

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 105–98, § 5(c), substituted “$215 for each such child.” for “$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–98, § 5(c), substituted “$215 for each such child.” for “$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter.”

    Enacted provision · exact public law section
    (c) Additional DIC for Children.— Section 1311(b) is amended by striking out “$100” and all that follows and inserting in lieu thereof “$215 for each such child.”.

  105. Veterans’ Compensation Rate Amendments of 1997

    Pub. L. 105–98 § 5(d) · 111 Stat. 2155

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 105–98, § 5(d), substituted “$215” for “$195”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–98, § 5(d), substituted “$215” for “$195”.

    Enacted provision · exact public law section
    (d) Aid and Attendance Allowance.— Section 1311(c) is amended by striking out “$195” and inserting in lieu thereof “$215”.

  106. Veterans’ Compensation Rate Amendments of 1997

    Pub. L. 105–98 § 5(e) · 111 Stat. 2155

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 105–98, § 5(e), substituted “$104” for “$95”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–98, § 5(e), substituted “$104” for “$95”.

    Enacted provision · exact public law section
    (e) Housebound Rate.— Section 1311(d) is amended by striking out “$95” and inserting in lieu thereof “$104”.

  107. Veterans Benefits Act of 1998

    Pub. L. 105–178 title VIII § 8207(a) · 112 Stat. 107

    Added · 38 U.S.C. § 1311(e)

    Pub. L. 105–178 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–178 added subsec. (e).

    Enacted provision · exact public law section
    (a) Restoration of Prior Eligibility.— Section 1311 of title 38, United States Code, is amended by adding at the end the following new subsection: “(e) (1) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of dependency and indemnity compensation to such person as the surviving spouse of the veteran if the remarriage is terminated by death, divorce, or annulment unless the Secretary determines that the divorce or annulment was secured through fraud or collusion. “(2) If the surviving spouse of a veteran ceases living with another person and holding himself or herself out openly to the public as that person’s spouse, the bar to granting that person dependency and indemnity compensation as the surviving spouse of the veteran shall not apply. “(3) The first month of eligibility for payment of dependency and indemnity compensation to a surviving spouse by reason of this subsection shall be the later of the month after— “(A) the month of the termination of such remarriage, in the case of a surviving spouse described in paragraph (1);or “(B) the month of the cessation described in paragraph(2), in the case of a surviving spouse described in that paragraph.”.

  108. Veterans’ Compensation Cost-of-Living Adjustment Act of 1999

    Pub. L. 106–118 § 5(a)(1) · 113 Stat. 1601

    Substituted · 38 U.S.C. § 1311(a)(1)

    Pub. L. 106–118, § 5(a)(1), substituted “$881” for “$850”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 106–118, § 5(a)(1), substituted “$881” for “$850”.

    Enacted provision · exact public law section
    (1) by striking “$850” in paragraph (1) and inserting “$881”; and

  109. Veterans’ Compensation Cost-of-Living Adjustment Act of 1999

    Pub. L. 106–118 § 5(a)(2) · 113 Stat. 1601

    Substituted · 38 U.S.C. § 1311(a)(2)

    Pub. L. 106–118, § 5(a)(2), substituted “$191” for “$185”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 106–118, § 5(a)(2), substituted “$191” for “$185”.

    Enacted provision · exact public law section
    (2) by striking “$185” in paragraph (2) and inserting “$191”.

  110. Veterans’ Compensation Cost-of-Living Adjustment Act of 1999

    Pub. L. 106–118 § 5(b) · 113 Stat. 1601

    1. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 106–118, § 5(b), generally upgraded monthly rates for all pay grades, substituted “section 1302 of this title” for “section 402 of this title” in footnote 1

    2. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 106–118, § 5(b), generally upgraded monthly rates for all pay grades, substituted “$1,082” for “$1,044” in footnote 1

    3. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 106–118, § 5(b), generally upgraded monthly rates for all pay grades, substituted “section 1302 of this title” for “section 402 of this title” in footnote 2

    4. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 106–118, § 5(b), generally upgraded monthly rates for all pay grades, substituted “$2,013” for “$1,941” in footnote 2

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 106–118, § 5(b), generally upgraded monthly rates for all pay grades, substituted “section 1302 of this title” for “section 402 of this title” and “$1,082” for “$1,044” in footnote 1, and substituted “section 1302 of this title” for “section 402 of this title” and “$2,013” for “$1,941” in footnote 2.

    Enacted provision · exact public law section
    (b) Old Law Rates.— The table in section 1311(a)(3) is amended to read as follows: Monthly Monthly “Pay grade rate Pay grade rate E-1 $881 0-l $1,054 E-2 881 0–2 930 E–3 881 0–3 962 E–4 881 0–4 1,028 E–5 881 0–5 1,087 E–6 881 0–6 1,198 E–7 911 0–7 1,349 E–8 962 0–8 1,458 E–9 1,0031 0–9 1,598 W–1 930 0–10 1,712 W–2 968 1,8782 W–3 997 “1If 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 1302 of this title, the surviving spouse’s rate shall be $1,082. “2If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the appli­cable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,013.”

  111. Veterans’ Compensation Cost-of-Living Adjustment Act of 1999

    Pub. L. 106–118 § 5(c) · 113 Stat. 1601

    Substituted · 38 U.S.C. § 1311(b); 38 U.S.C. § 1311(c)

    Pub. L. 106–118, § 5(c), (d), substituted “$222” for “$215”

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 106–118, § 5(c), (d), substituted “$222” for “$215”.

    Enacted provision · exact public law section
    (c) Additional DIC for Children.— Section 1311(b) is amended by striking “$215” and inserting “$222”.

  112. Veterans’ Compensation Cost-of-Living Adjustment Act of 1999

    Pub. L. 106–118 § 5(e) · 113 Stat. 1601

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 106–118, § 5(e), substituted “$107” for “$104”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–118, § 5(e), substituted “$107” for “$104”.

    Enacted provision · exact public law section
    (e) Houseboud Rate.— Section 1311(d) is amended by striking “$104” and inserting “$107”.

  113. Veterans Millennium Health Care and Benefits Act

    Pub. L. 106–117 title V § 502(b) · 113 Stat. 1545

    Struck · 38 U.S.C. § 1311(d)

    Pub. L. 106–117 struck out subsec. (e) which provided that the termination by death, divorce, or annulment of the remarriage of the surviving spouse of a veteran or cessation of a surviving spouse living with another person would not bar the furnishing of dependency or indemnity compensation in the absence of fraud

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–117 struck out subsec. (e) which provided that the termination by death, divorce, or annulment of the remarriage of the surviving spouse of a veteran or cessation of a surviving spouse living with another person would not bar the furnishing of dependency or indemnity compensation in the absence of fraud.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 1311 is amended by striking subsection (e).

  114. Pub. L. 107–94 § 5(a)(1) · 115 Stat. 900

    Substituted · 38 U.S.C. § 1311(a)(1)

    Pub. L. 107–94, § 5(a)(1), substituted “$935” for “$881”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–94, § 5(a)(1), substituted “$935” for “$881”.

    Enacted provision · exact public law section
    (1) by striking “$881” in paragraph (1) and inserting “$935”; and

  115. Pub. L. 107–94 § 5(a)(2) · 115 Stat. 900

    Substituted · 38 U.S.C. § 1311(a)(2)

    Pub. L. 107–94, § 5(a)(2), substituted “$202” for “$191”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 107–94, § 5(a)(2), substituted “$202” for “$191”.

    Enacted provision · exact public law section
    (2) by striking “$191” in paragraph (2) and inserting “$202”.

  116. Pub. L. 107–94 § 5(b) · 115 Stat. 900

    1. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 107–94, § 5(b), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and, in footnote 2

    2. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 107–94, § 5(b), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,149” for “$1,082” and, in footnote 2

    3. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 107–94, § 5(b), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$2,139” for “$2,013”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 107–94, § 5(b), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and “$1,149” for “$1,082”, and, in footnote 2, substituted “$2,139” for “$2,013”.

    Enacted provision · exact public law section
    (b) Old Law Rates.— The table in section 1311(a)(3) is amended to read as follows: “Pay grade Monthly rate “Pay grade Monthly rate E–1 $935 W–4 $1,119 E–2 935 O–1 988 E–3 935 O–2 1,021 E–4 935 O–3 1,092 E–5 935 O–4 1,155 E–6 935 O–5 1,272 E–7 967 O–6 1,433 E–8 1,021 O–7 1,549 E–9 1,0661 O–8 1,699 W–1 988 O–9 1,818 W–2 1,028 O–10 1,9942 W–3 1,058 “1If 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 1302 of this title, the surviving spouse’s rate shall be $1,149. “2If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,139.”.

  117. Pub. L. 107–94 § 5(c) · 115 Stat. 900

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 107–94, § 5(c), substituted “$234” for “$222”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–94, § 5(c), substituted “$234” for “$222”.

    Enacted provision · exact public law section
    (c) Additional DIC for Children.— Section 1311(b) is amended by striking “$222” and inserting “$234”.

  118. Pub. L. 107–94 § 5(d) · 115 Stat. 900

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 107–94, § 5(d), substituted “$234” for “$222”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–94, § 5(d), substituted “$234” for “$222”.

    Enacted provision · exact public law section
    (d) Aid and Attendance Allowance.— Section 1311(c) is amended by striking “$222” and inserting “$234”.

  119. Pub. L. 107–94 § 5(e) · 115 Stat. 900

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 107–94, § 5(e), substituted “$112” for “$107”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–94, § 5(e), substituted “$112” for “$107”.

    Enacted provision · exact public law section
    (e) Housebound Rate.— Section 1311(d) is amended by striking “$107” and inserting “$112”.

  120. Pub. L. 107–330 § 309(d)(1)(A) · 116 Stat. 2820

    Substituted · 38 U.S.C. § 1311(a)(1)

    Pub. L. 107–330, § 309(d)(1)(A), substituted “$948” for “$935”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–330, § 309(d)(1)(A), substituted “$948” for “$935”.

    Enacted provision · exact public law section
    (A) by striking “$935” in paragraph (1) and inserting “$948”; and

  121. Pub. L. 107–330 § 309(d)(1)(B) · 116 Stat. 2820

    Substituted · 38 U.S.C. § 1311(a)(2)

    Pub. L. 107–330, § 309(d)(1)(B), substituted “$204” for “$202”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 107–330, § 309(d)(1)(B), substituted “$204” for “$202”.

    Enacted provision · exact public law section
    (B) by striking “$202” in paragraph (2) and inserting “$204”.

  122. Pub. L. 107–330 § 309(d)(2) · 116 Stat. 2820

    1. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 107–330, § 309(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and, in footnote 2

    2. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 107–330, § 309(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,165” for “$1,149” and, in footnote 2

    3. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 107–330, § 309(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$2,168” for “$2,139”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 107–330, § 309(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and “$1,165” for “$1,149”, and, in footnote 2, substituted “$2,168” for “$2,139”.

    Enacted provision · exact public law section
    (2) The table in section 1311(a)(3) is amended to read as follows: Monthly Monthly “Pay grade rate Pay grade rate E–1 $948 W–4 $1,134 E–2 948 O–1 1,001 E–3 948 O–2 1,035 E–4 948 O–3 1,107 E–5 948 O–4 1,171 E–6 948 O–5 1,289 E–7 980 O–6 1,453 E–8 1,035 O–7 1,570 E–9 11,080 O–8 1,722 W–1 1,001 O–9 1,843 W–2 1,042 O–10 2 2,021 W–3 1,072 “1If 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 1302 of this title, the surviving spouse’s rate shall be $1,165. “2If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,168.”.

  123. Pub. L. 107–330 § 309(d)(3) · 116 Stat. 2820

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 107–330, § 309(d)(3), substituted “$237” for “$234”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–330, § 309(d)(3), substituted “$237” for “$234”.

    Enacted provision · exact public law section
    (3) Section 1311(b) is amended by striking “$234” and inserting “$237”.

  124. Pub. L. 107–330 § 309(d)(4) · 116 Stat. 2820

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 107–330, § 309(d)(4), substituted “$237” for “$234”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–330, § 309(d)(4), substituted “$237” for “$234”.

    Enacted provision · exact public law section
    (4) Section 1311(c) is amended by striking “$234” and inserting “$237”.

  125. Pub. L. 107–330 § 309(d)(5) · 116 Stat. 2820

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 107–330, § 309(d)(5), substituted “$113” for “$112”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–330, § 309(d)(5), substituted “$113” for “$112”.

    Enacted provision · exact public law section
    (5) Section 1311(d) is amended by striking “$112” and inserting “$113”.

  126. Veterans Benefits Act of 2003

    Pub. L. 108–183 title I § 101(b) · 117 Stat. 2651

    Added · 38 U.S.C. § 1311(e)

    Pub. L. 108–183 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–183 added subsec. (e).

    Enacted provision · exact public law section
    (b) Coordination of Benefits.— Section 1311 is amended by adding at the end the following new subsection: “(e) In the case of an individual who is eligible for dependency and indemnity compensation under this section by reason of section 103(d)(2)(B) of this title who is also eligible for benefits under another provision of law by reason of such individual’s status as the surviving spouse of a veteran, then, notwithstanding any other provision of law (other than section 5304(b)(3) of this title), no reduction in benefits under such other provision of law shall be made by reason of such individual’s eligibility for benefits under this section.” .

  127. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 307(d)(1)(A) · 118 Stat. 3598

    Substituted · 38 U.S.C. § 1311(a)(1)

    Pub. L. 108–454, § 307(d)(1)(A), substituted “$967” for “$948”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 108–454, § 307(d)(1)(A), substituted “$967” for “$948”.

    Enacted provision · exact public law section
    (A) by striking “$948” in paragraph (1) and inserting “$967”; and

  128. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 307(d)(1)(B) · 118 Stat. 3598

    Substituted · 38 U.S.C. § 1311(a)(2)

    Pub. L. 108–454, § 307(d)(1)(B), substituted “$208” for “$204”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 108–454, § 307(d)(1)(B), substituted “$208” for “$204”.

    Enacted provision · exact public law section
    (B) by striking “$204” in paragraph (2) and inserting “$208”.

  129. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 307(d)(2) · 118 Stat. 3598

    1. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 108–454, § 307(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,189” for “$1,165”, and, in footnote 2

    2. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 108–454, § 307(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$2,213” for “$2,168”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 108–454, § 307(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,189” for “$1,165”, and, in footnote 2, substituted “$2,213” for “$2,168”.

    Enacted provision · exact public law section
    (2) The table in section 1311(a)(3) is amended to read as follows: Pay gradeMonthly rate Pay gradeMonthly rate 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 1302 of this title, the surviving spouse’s rate shall be $1,189. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,213. E–1$967 W–4$1,157 E–2$967O–1$1,022 E–3$967 O–2$1,056 E–4$967 O–3$1,130 E–5$967 O–4$1,195 E–6$967 O–5$1,316 E–7$1,000 O–6$1,483 E–8$1,056O–7$1,602 E–9$1,1021O–8$1,758 W–1$1,022 O–9$1,881 W–2$1,063O–10$2,0632 W–3$1,094

  130. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 307(d)(3) · 118 Stat. 3598

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 108–454, § 307(d)(3), substituted “$241” for “$237”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–454, § 307(d)(3), substituted “$241” for “$237”.

    Enacted provision · exact public law section
    (3) Section 1311(b) is amended by striking “$237” and inserting “$241”.

  131. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 307(d)(4) · 118 Stat. 3598

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 108–454, § 307(d)(4), substituted “$241” for “$237”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–454, § 307(d)(4), substituted “$241” for “$237”.

    Enacted provision · exact public law section
    (4) Section 1311(c) is amended by striking “$237” and inserting “$241”.

  132. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 307(d)(5) · 118 Stat. 3598

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 108–454, § 307(d)(5), substituted “$115” for “$113”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 108–454, § 307(d)(5), substituted “$115” for “$113”.

    Enacted provision · exact public law section
    (5) Section 1311(d) is amended by striking “$113” and inserting “$115”.

  133. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 301(a) · 118 Stat. 3598

    Added · 38 U.S.C. § 1311(e)

    Pub. L. 108–454, § 301(a), added subsec. (e) relating to increased dependency and indemnity compensation

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–454, § 301(a), added subsec. (e) relating to increased dependency and indemnity compensation.

    Enacted provision · exact public law section
    (a) Additional Dependency and Indemnity Compensation.— Section 1311 is amended by adding at the end the following new subsection: “(e) (1) Subject to paragraphs (2) and (3), if there is a surviving spouse with one or more children below the age of 18, the dependency and indemnity compensation paid monthly to the surviving spouse shall be increased by $250, regardless of the number of such children. “(2) Dependency and indemnity compensation shall be increased under this subsection only for months occurring during the two-year period beginning on the date on which entitlement to dependency and indemnity compensation commenced. “(3) The increase in dependency and indemnity compensation of a surviving spouse under this subsection shall cease beginning with the first month commencing after the month in which all children of the surviving spouse have attained the age of 18. “(4) Dependency and indemnity compensation under this subsection is in addition to any other dependency and indemnity compensation payable under this chapter.” .

  134. Veterans’ Compensation Cost-of-Living Adjustment Act of 2005

    Pub. L. 109–111 § 2(d)(1)(A) · 119 Stat. 2362

    Substituted · 38 U.S.C. § 1311(a)(1)

    Pub. L. 109–111, § 2(d)(1)(A), substituted “$1,033” for “$967”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–111, § 2(d)(1)(A), substituted “$1,033” for “$967”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “$967” and inserting “$1,033”; and

  135. Veterans’ Compensation Cost-of-Living Adjustment Act of 2005

    Pub. L. 109–111 § 2(d)(1)(B) · 119 Stat. 2362

    Substituted · 38 U.S.C. § 1311(a)(2)

    Pub. L. 109–111, § 2(d)(1)(B), substituted “$221” for “$208”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–111, § 2(d)(1)(B), substituted “$221” for “$208”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “$208” and inserting “$221”.

  136. Veterans’ Compensation Cost-of-Living Adjustment Act of 2005

    Pub. L. 109–111 § 2(d)(2) · 119 Stat. 2362

    1. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 109–111, § 2(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,271” for “$1,189”, and, in footnote 2

    2. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 109–111, § 2(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$2,365” for “$2,213”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–111, § 2(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,271” for “$1,189”, and, in footnote 2, substituted “$2,365” for “$2,213”.

    Enacted provision · exact public law section
    (2) Old law dic.— The table in paragraph (3) of such section is amended to read as follows: “Pay gradeMonthly ratePay gradeMonthly rate 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 1302 of this title, the surviving spouse’s rate shall be $1,271. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,365.”. E–1$1,033W–4$1,236 E–2$1,033O–1$1,092 E–3$1,033O–2$1,128 E–4$1,033O–3$1,207 E–5$1,033O–4$1,277 E–6$1,033O–5$1,406 E–7$1,069O–6$1,585 E–8$1,128O–7$1,712 E–9$1,1771O–8$1,879 W–1$1,092O–9$2,010 W–2$1,135O–10$2,2042 W–3$1,169

  137. Veterans’ Compensation Cost-of-Living Adjustment Act of 2005

    Pub. L. 109–111 § 2(d)(3)(A) · 119 Stat. 2362

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 109–111, § 2(d)(3)(A), substituted “$257” for “$241”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–111, § 2(d)(3)(A), substituted “$257” for “$241”.

    Enacted provision · exact public law section
    (A) in subsection (b), by striking “$241” and inserting “$257”;

  138. Veterans’ Compensation Cost-of-Living Adjustment Act of 2005

    Pub. L. 109–111 § 2(d)(3)(B) · 119 Stat. 2362

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 109–111, § 2(d)(3)(B), substituted “$257” for “$241”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–111, § 2(d)(3)(B), substituted “$257” for “$241”.

    Enacted provision · exact public law section
    (B) in subsection (c), by striking “$241” and inserting “$257”; and

  139. Veterans’ Compensation Cost-of-Living Adjustment Act of 2005

    Pub. L. 109–111 § 2(d)(3)(C) · 119 Stat. 2362

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 109–111, § 2(d)(3)(C), substituted “$122” for “$115”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–111, § 2(d)(3)(C), substituted “$122” for “$115”.

    Enacted provision · exact public law section
    (C) in subsection (d), by striking “$115” and inserting “$122”.

  140. Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 title V § 502(3) · 120 Stat. 397

    Substituted · 38 U.S.C. § 1311(c)(2)

    Pub. L. 109–233 substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 109–233 substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”.

    Enacted provision · exact public law section
    (3) Sections 1115(1)(E)(ii), 1122(b)(2), 1311(c)(2), 1315(g)(2), and 1502(b)(2) are amended by striking “helpless or blind, or so nearly helpless or blind as to” and inserting “blind, or so nearly blind or significantly disabled as to”.

  141. Veterans’ Compensation Cost-of-Living Adjustment Act of 2006

    Pub. L. 109–361 § 4 · 120 Stat. 2062

    Redesignated · 38 U.S.C. § 1311(e); 38 U.S.C. § 1311(f)

    Pub. L. 109–361 redesignated subsec. (e) relating to increased dependency and indemnity compensation as (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 109–361 redesignated subsec. (e) relating to increased dependency and indemnity compensation as (f).

    Enacted provision · exact public law section
    SEC. 4. TECHNICAL AMENDMENT.   Section 1311 of title 38, United States Code, is amended by redesignating the second subsection (e) (as added by section 301(a) of the Veterans Benefits Improvement Act of 2004 (Public Law 108–454; 118 Stat. 3610)) as subsection (f).

  142. Pub. L. 109–444 § 9(d)(1)(A) · 120 Stat. 3304

    Substituted · 38 U.S.C. § 1311(a)(1)

    Pub. L. 109–444, § 9(d)(1)(A), which substituted “$1,067” for “$1,033”, 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, § 9(d)(1)(A), which substituted “$1,067” for “$1,033”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “$1,033” and inserting “$1,067”; and

  143. Pub. L. 109–444 § 9(d)(1)(B) · 120 Stat. 3304

    Substituted · 38 U.S.C. § 1311(a)(2)

    Pub. L. 109–444, § 9(d)(1)(B), which substituted “$228” for “$221”, 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, § 9(d)(1)(B), which substituted “$228” for “$221”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “$221” and inserting “$228”.

  144. Pub. L. 109–444 § 9(d)(2) · 120 Stat. 3304

    1. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 109–444, § 9(d)(2), which generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and, in footnote 2

    2. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 109–444, § 9(d)(2), which generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,312” for “$1,271” and, in footnote 2

    3. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 109–444, § 9(d)(2), which generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$2,443” for “$2,365”, 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, § 9(d)(2), which generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and “$1,312” for “$1,271”, and, in footnote 2, substituted “$2,443” for “$2,365”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (2) Old law dic.— The table in paragraph (3) of such subsection is amended to read as follows: Pay gradeMonthly ratePay gradeMonthly rate 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 1302 of this title, the surviving spouse’s rate shall be $1,312. 2 If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,443. E–1$1,067W–4$1,276   E–2$1,067O–1$1,128   E–3$1,067O–2$1,165   E–4$1,067O–3$1,246   E–5$1,067O–4$1,319   E–6$1,067O–5$1,452   E–7$1,104O–6$1,637   E–8$1,165O–7$1,768   E–9$1,2151O–8$1,941   W–1$1,128O–9$2,076   W–2$1,172O–10$2,2762 W–3$1,207

  145. Pub. L. 109–444 § 9(d)(3)(A) · 120 Stat. 3304

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 109–444, § 9(d)(3)(A), which substituted “$265” for “$257”, 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, § 9(d)(3)(A), which substituted “$265” for “$257”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (A) in subsection (b), by striking “$257” and inserting “$265”;

  146. Pub. L. 109–444 § 9(d)(3)(B) · 120 Stat. 3304

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 109–444, § 9(d)(3)(B), which substituted “$265” for “$257”, 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, § 9(d)(3)(B), which substituted “$265” for “$257”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (B) in subsection (c), by striking “$257” and inserting “$265”; and

  147. Pub. L. 109–444 § 9(d)(3)(C) · 120 Stat. 3304

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 109–444, § 9(d)(3)(C), which substituted “$126” for “$122”, 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, § 9(d)(3)(C), which substituted “$126” for “$122”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (C) in subsection (d), by striking “$122” and inserting “$126”.

  148. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1006(b) · 120 Stat. 3403

    Changed · 38 U.S.C. § 1311

    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.

  149. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1005(d)(1)(A) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 1311(a)(1)

    Pub. L. 109–461, § 1005(d)(1)(A), substituted “$1,067” for “$1,033”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 109–461, § 1005(d)(1)(A), substituted “$1,067” for “$1,033”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “$1,033” and inserting “$1,067”; and

  150. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1005(d)(1)(B) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 1311(a)(2)

    Pub. L. 109–461, § 1005(d)(1)(B), substituted “$228” for “$221”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 109–461, § 1005(d)(1)(B), substituted “$228” for “$221”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “$221” and inserting “$228”.

  151. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1005(d)(2) · 120 Stat. 3403

    1. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 109–461, § 1005(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and, in footnote 2

    2. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 109–461, § 1005(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,312” for “$1,271” and, in footnote 2

    3. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 109–461, § 1005(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$2,443” for “$2,365”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–461, § 1005(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and “$1,312” for “$1,271”, and, in footnote 2, substituted “$2,443” for “$2,365”.

    Enacted provision · exact public law section
    (2) Old law dic.— The table in paragraph (3) of such subsection is amended to read as follows: Pay gradeMonthly ratePay gradeMonthly rate 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 1302 of this title, the surviving spouse’s rate shall be $1,312. 2 If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,443. E–1$1,067W–4$1,276 E–2$1,067O–1$1,128 E–3$1,067O–2$1,165 E–4$1,067O–3$1,246 E–5$1,067O–4$1,319 E–6$1,067O–5$1,452 E–7$1,104O–6$1,637 E–8$1,165O–7$1,768 E–9$1,2151O–8$1,941 W–1$1,128O–9$2,076 W–2$1,172O–10$2,2762 W–3$1,207

  152. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1005(d)(3)(A) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 1311(b)

    Pub. L. 109–461, § 1005(d)(3)(A), substituted “$265” for “$257”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–461, § 1005(d)(3)(A), substituted “$265” for “$257”.

    Enacted provision · exact public law section
    (A) in subsection (b), by striking “$257” and inserting “$265”;

  153. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1005(d)(3)(B) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 1311(c)

    Pub. L. 109–461, § 1005(d)(3)(B), substituted “$265” for “$257”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–461, § 1005(d)(3)(B), substituted “$265” for “$257”.

    Enacted provision · exact public law section
    (B) in subsection (c), by striking “$257” and inserting “$265”; and

  154. Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1005(d)(3)(C) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 109–461, § 1005(d)(3)(C), substituted “$126” for “$122”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–461, § 1005(d)(3)(C), substituted “$126” for “$122”.

    Enacted provision · exact public law section
    (C) in subsection (d), by striking “$122” and inserting “$126”.

  155. Pub. L. 110–324 § 3(d)(1)(A) · 122 Stat. 3549

    Substituted · 38 U.S.C. § 1311(a)(1)

    Pub. L. 110–324, § 3(d)(1)(A), substituted “$1,091” for “$1,067”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 110–324, § 3(d)(1)(A), substituted “$1,091” for “$1,067”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “$1,067” and inserting “$1,091”; and

  156. Pub. L. 110–324 § 3(d)(1)(B) · 122 Stat. 3549

    Substituted · 38 U.S.C. § 1311(a)(2)

    Pub. L. 110–324, § 3(d)(1)(B), substituted “$233” for “$228”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 110–324, § 3(d)(1)(B), substituted “$233” for “$228”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “$228” and inserting “$233”.

  157. Pub. L. 110–324 § 3(d)(2) · 122 Stat. 3549

    1. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 110–324, § 3(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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,” for “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,” and, in footnote 2

    2. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 110–324, § 3(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,342” for “$1,312” and, in footnote 2

    3. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 110–324, § 3(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “Vice-Chairman” for “Vice Chairman”

    4. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 110–324, § 3(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$2,499” for “$2,443”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 110–324, § 3(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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,” for “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,” and “$1,342” for “$1,312”, and, in footnote 2, substituted “Vice-Chairman” for “Vice Chairman” and “$2,499” for “$2,443”.

    Enacted provision · exact public law section
    (2) Old law dic.— The table in paragraph (3) of such section is amended to read as follows: “Pay gradeMonthly ratePay gradeMonthly rate 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 1302 of this title, the surviving spouse’s rate shall be $1,342. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,499.” E–1$1,091W–4$1,305 E–2$1,091O–1$1,153 E–3$1,091O–2$1,191 E–4$1,091O–3$1,274 E–5$1,091O–4$1,349 E–6$1,091O–5$1,485 E–7$1,129O–6$1,674 E–8$1,191O–7$1,808 E–9$1,2421O–8$1,985 W–1$1,153O–9$2,123 W–2$1,198O–10$2,3282 W–3$1,234

  158. Pub. L. 110–324 § 3(d)(3)(A) · 122 Stat. 3549

    Substituted · 38 U.S.C. § 1311(b); 38 U.S.C. § 1311(c)

    Pub. L. 110–324, § 3(d)(3)(A), (B), substituted “$271” for “$265”

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 110–324, § 3(d)(3)(A), (B), substituted “$271” for “$265”.

    Enacted provision · exact public law section
    (A) in subsection (b), by striking “$265” and inserting “$271”;

  159. Pub. L. 110–324 § 3(d)(3)(C) · 122 Stat. 3549

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 110–324, § 3(d)(3)(C), substituted “$128” for “$126”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 110–324, § 3(d)(3)(C), substituted “$128” for “$126”.

    Enacted provision · exact public law section
    (C) in subsection (d), by striking “$126” and inserting “$128”.

  160. Veterans’ Compensation Cost-of-Living Adjustment Act of 2009

    Pub. L. 111–37 § 3(d)(1)(A) · 123 Stat. 1927

    Substituted · 38 U.S.C. § 1311(a)(1)

    Pub. L. 111–37, § 3(d)(1)(A), substituted “$1,154” for “$1,091”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–37, § 3(d)(1)(A), substituted “$1,154” for “$1,091”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “$1,091” and inserting “$1,154”; and

    Effective date note
    Amendment by Pub. L. 111–37 effective Dec. 1, 2008, see section 3(g) of Pub. L. 111–37, set out as a note under section 1114 of this title.

  161. Veterans’ Compensation Cost-of-Living Adjustment Act of 2009

    Pub. L. 111–37 § 3(d)(1)(B) · 123 Stat. 1927

    Substituted · 38 U.S.C. § 1311(a)(2)

    Pub. L. 111–37, § 3(d)(1)(B), substituted “$246” for “$233”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 111–37, § 3(d)(1)(B), substituted “$246” for “$233”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “$233” and inserting “$246”.

    Effective date note
    Amendment by Pub. L. 111–37 effective Dec. 1, 2008, see section 3(g) of Pub. L. 111–37, set out as a note under section 1114 of this title.

  162. Veterans’ Compensation Cost-of-Living Adjustment Act of 2009

    Pub. L. 111–37 § 3(d)(2) · 123 Stat. 1927

    1. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 111–37, § 3(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,419” for “$1,342”, and, in footnote 2

    2. Substituted · 38 U.S.C. § 1311(a)(3)

      Pub. L. 111–37, § 3(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$2,643” for “$2,499”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 111–37, § 3(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,419” for “$1,342”, and, in footnote 2, substituted “$2,643” for “$2,499”.

    Enacted provision · exact public law section
    (2) Old law dic.— The table in paragraph (3) of such section is amended to read as follows: “Pay gradeMonthly ratePay gradeMonthly rate 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 1302 of this title, the surviving spouse’s rate shall be $1,419. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse’s rate shall be $2,643.”. E–1$1,154W–4$1,380 E–2$1,154O–1$1,219 E–3$1,154O–2$1,260 E–4$1,154O–3$1,347 E–5$1,154O–4$1,427 E–6$1,154O–5$1,571 E–7$1,194O–6$1,771 E–8$1,260O–7$1,912 E–9$1,3141O–8$2,100 W–1$1,219O–9$2,246 W–2$1,267O–10$2,4632 W–3$1,305

    Effective date note
    Amendment by Pub. L. 111–37 effective Dec. 1, 2008, see section 3(g) of Pub. L. 111–37, set out as a note under section 1114 of this title.

  163. Veterans’ Compensation Cost-of-Living Adjustment Act of 2009

    Pub. L. 111–37 § 3(d)(3)(A) · 123 Stat. 1927

    Substituted · 38 U.S.C. § 1311(b); 38 U.S.C. § 1311(c)

    Pub. L. 111–37, § 3(d)(3)(A), (B), substituted “$286” for “$271”

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 111–37, § 3(d)(3)(A), (B), substituted “$286” for “$271”.

    Enacted provision · exact public law section
    (A) in subsection (b), by striking “$271” and inserting “$286”;

    Effective date note
    Amendment by Pub. L. 111–37 effective Dec. 1, 2008, see section 3(g) of Pub. L. 111–37, set out as a note under section 1114 of this title.

  164. Veterans’ Compensation Cost-of-Living Adjustment Act of 2009

    Pub. L. 111–37 § 3(d)(3)(C) · 123 Stat. 1927

    Substituted · 38 U.S.C. § 1311(d)

    Pub. L. 111–37, § 3(d)(3)(C), substituted “$135” for “$128”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–37, § 3(d)(3)(C), substituted “$135” for “$128”.

    Enacted provision · exact public law section
    (C) in subsection (d), by striking “$128” and inserting “$135”.

    Effective date note
    Amendment by Pub. L. 111–37 effective Dec. 1, 2008, see section 3(g) of Pub. L. 111–37, set out as a note under section 1114 of this title.

  165. Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 602(1) · 124 Stat. 2864

    Inserted · 38 U.S.C. § 1311(f)(1)

    Pub. L. 111–275, § 602(1), inserted “(as increased from time to time under paragraph (4))” after “$250”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 111–275, § 602(1), inserted “(as increased from time to time under paragraph (4))” after “$250”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting “(as increased from time to time under paragraph (4))” after “$250”;

  166. Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 602(2) · 124 Stat. 2864

    1. Added · 38 U.S.C. § 1311(f)(4); 38 U.S.C. § 1311(f)(5)

      Pub. L. 111–275, § 602(2), (3), added par. (4)

    2. Redesignated · 38 U.S.C. § 1311(f)(4); 38 U.S.C. § 1311(f)(5)

      Pub. L. 111–275, § 602(2), (3), redesignated former par. (4) as (5)

    Source evidence

    Code amendment note
    Subsec. (f)(4), (5). Pub. L. 111–275, § 602(2), (3), added par. (4) and redesignated former par. (4) as (5).

    Enacted provision · exact public law section
    (2) by redesignating paragraph (4) as paragraph (5); and

180 of 197 references resolved to an enrolled provision · 13 partial · 4 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

References in Text

The Social Security Act, referred to in subsec. (f)(4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 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.

Amendments1961–2010 · 35 rounds

2010

Subsec. (f)(1). Pub. L. 111–275, § 602(1), inserted “(as increased from time to time under paragraph (4))” after “$250”.

Subsec. (f)(4), (5). Pub. L. 111–275, § 602(2), (3), added par. (4) and redesignated former par. (4) as (5).

2009

Subsec. (a)(1). Pub. L. 111–37, § 3(d)(1)(A), substituted “$1,154” for “$1,091”.

Subsec. (a)(2). Pub. L. 111–37, § 3(d)(1)(B), substituted “$246” for “$233”.

Subsec. (a)(3). Pub. L. 111–37, § 3(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,419” for “$1,342”, and, in footnote 2, substituted “$2,643” for “$2,499”.

Subsecs. (b), (c). Pub. L. 111–37, § 3(d)(3)(A), (B), substituted “$286” for “$271”.

Subsec. (d). Pub. L. 111–37, § 3(d)(3)(C), substituted “$135” for “$128”.

2008

Subsec. (a)(1). Pub. L. 110–324, § 3(d)(1)(A), substituted “$1,091” for “$1,067”.

Subsec. (a)(2). Pub. L. 110–324, § 3(d)(1)(B), substituted “$233” for “$228”.

Subsec. (a)(3). Pub. L. 110–324, § 3(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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,” for “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,” and “$1,342” for “$1,312”, and, in footnote 2, substituted “Vice-Chairman” for “Vice Chairman” and “$2,499” for “$2,443”.

Subsecs. (b), (c). Pub. L. 110–324, § 3(d)(3)(A), (B), substituted “$271” for “$265”.

Subsec. (d). Pub. L. 110–324, § 3(d)(3)(C), substituted “$128” for “$126”.

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.

Subsec. (a)(1). Pub. L. 109–461, § 1005(d)(1)(A), substituted “$1,067” for “$1,033”.

Pub. L. 109–444, § 9(d)(1)(A), which substituted “$1,067” for “$1,033”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (a)(2). Pub. L. 109–461, § 1005(d)(1)(B), substituted “$228” for “$221”.

Pub. L. 109–444, § 9(d)(1)(B), which substituted “$228” for “$221”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (a)(3). Pub. L. 109–461, § 1005(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and “$1,312” for “$1,271”, and, in footnote 2, substituted “$2,443” for “$2,365”.

Pub. L. 109–444, § 9(d)(2), which generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and “$1,312” for “$1,271”, and, in footnote 2, substituted “$2,443” for “$2,365”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (b). Pub. L. 109–461, § 1005(d)(3)(A), substituted “$265” for “$257”.

Pub. L. 109–444, § 9(d)(3)(A), which substituted “$265” for “$257”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (c). Pub. L. 109–461, § 1005(d)(3)(B), substituted “$265” for “$257”.

Pub. L. 109–444, § 9(d)(3)(B), which substituted “$265” for “$257”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsec. (c)(2). Pub. L. 109–233 substituted “blind, or so nearly blind or significantly disabled as to” for “helpless or blind, or so nearly helpless or blind as to”.

Subsec. (d). Pub. L. 109–461, § 1005(d)(3)(C), substituted “$126” for “$122”.

Pub. L. 109–444, § 9(d)(3)(C), which substituted “$126” for “$122”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

Subsecs. (e), (f). Pub. L. 109–361 redesignated subsec. (e) relating to increased dependency and indemnity compensation as (f).

2005

Subsec. (a)(1). Pub. L. 109–111, § 2(d)(1)(A), substituted “$1,033” for “$967”.

Subsec. (a)(2). Pub. L. 109–111, § 2(d)(1)(B), substituted “$221” for “$208”.

Subsec. (a)(3). Pub. L. 109–111, § 2(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,271” for “$1,189”, and, in footnote 2, substituted “$2,365” for “$2,213”.

Subsec. (b). Pub. L. 109–111, § 2(d)(3)(A), substituted “$257” for “$241”.

Subsec. (c). Pub. L. 109–111, § 2(d)(3)(B), substituted “$257” for “$241”.

Subsec. (d). Pub. L. 109–111, § 2(d)(3)(C), substituted “$122” for “$115”.

2004

Subsec. (a)(1). Pub. L. 108–454, § 307(d)(1)(A), substituted “$967” for “$948”.

Subsec. (a)(2). Pub. L. 108–454, § 307(d)(1)(B), substituted “$208” for “$204”.

Subsec. (a)(3). Pub. L. 108–454, § 307(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “$1,189” for “$1,165”, and, in footnote 2, substituted “$2,213” for “$2,168”.

Subsec. (b). Pub. L. 108–454, § 307(d)(3), substituted “$241” for “$237”.

Subsec. (c). Pub. L. 108–454, § 307(d)(4), substituted “$241” for “$237”.

Subsec. (d). Pub. L. 108–454, § 307(d)(5), substituted “$115” for “$113”.

Subsec. (e). Pub. L. 108–454, § 301(a), added subsec. (e) relating to increased dependency and indemnity compensation.

2003

Subsec. (e). Pub. L. 108–183 added subsec. (e).

2002

Subsec. (a)(1). Pub. L. 107–330, § 309(d)(1)(A), substituted “$948” for “$935”.

Subsec. (a)(2). Pub. L. 107–330, § 309(d)(1)(B), substituted “$204” for “$202”.

Subsec. (a)(3). Pub. L. 107–330, § 309(d)(2), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and “$1,165” for “$1,149”, and, in footnote 2, substituted “$2,168” for “$2,139”.

Subsec. (b). Pub. L. 107–330, § 309(d)(3), substituted “$237” for “$234”.

Subsec. (c). Pub. L. 107–330, § 309(d)(4), substituted “$237” for “$234”.

Subsec. (d). Pub. L. 107–330, § 309(d)(5), substituted “$113” for “$112”.

2001

Subsec. (a)(1). Pub. L. 107–94, § 5(a)(1), substituted “$935” for “$881”.

Subsec. (a)(2). Pub. L. 107–94, § 5(a)(2), substituted “$202” for “$191”.

Subsec. (a)(3). Pub. L. 107–94, § 5(b), generally upgraded monthly rates for all pay grades, in footnote 1, substituted “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” for “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” and “$1,149” for “$1,082”, and, in footnote 2, substituted “$2,139” for “$2,013”.

Subsec. (b). Pub. L. 107–94, § 5(c), substituted “$234” for “$222”.

Subsec. (c). Pub. L. 107–94, § 5(d), substituted “$234” for “$222”.

Subsec. (d). Pub. L. 107–94, § 5(e), substituted “$112” for “$107”.

1999

Subsec. (a)(1). Pub. L. 106–118, § 5(a)(1), substituted “$881” for “$850”.

Subsec. (a)(2). Pub. L. 106–118, § 5(a)(2), substituted “$191” for “$185”.

Subsec. (a)(3). Pub. L. 106–118, § 5(b), generally upgraded monthly rates for all pay grades, substituted “section 1302 of this title” for “section 402 of this title” and “$1,082” for “$1,044” in footnote 1, and substituted “section 1302 of this title” for “section 402 of this title” and “$2,013” for “$1,941” in footnote 2.

Subsecs. (b), (c). Pub. L. 106–118, § 5(c), (d), substituted “$222” for “$215”.

Subsec. (d). Pub. L. 106–118, § 5(e), substituted “$107” for “$104”.

Pub. L. 106–117 struck out subsec. (e) which provided that the termination by death, divorce, or annulment of the remarriage of the surviving spouse of a veteran or cessation of a surviving spouse living with another person would not bar the furnishing of dependency or indemnity compensation in the absence of fraud.

1998

Subsec. (e). Pub. L. 105–178 added subsec. (e).

1997

Subsec. (a)(1). Pub. L. 105–98, § 5(a)(1), substituted “$850” for “$769”.

Subsec. (a)(2). Pub. L. 105–98, § 5(a)(2), substituted “$185” for “$169”.

Subsec. (a)(3). Pub. L. 105–98, § 5(b), inserted table entries for pay grades E–1 to E–6, generally upgraded monthly rates in table for pay grades E–7 to E–9, W–1 to W–4, and O–1 to O–10, substituted “section 402 of this title” for “section 1302 of this title” and “$1,044” for “$943” in footnote 1, and substituted “section 402 of this title” for “section 1302 of this title” and “$1,941” for “$1,753” in footnote 2.

Subsec. (b). Pub. L. 105–98, § 5(c), substituted “$215 for each such child.” for “$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter.”

Subsec. (c). Pub. L. 105–98, § 5(d), substituted “$215” for “$195”.

Subsec. (d). Pub. L. 105–98, § 5(e), substituted “$104” for “$95”.

1993

Subsec. (a)(1). Pub. L. 103–140, § 5(1), substituted “$769” for “$750”.

Subsec. (a)(2). Pub. L. 103–140, § 5(2), substituted “$169” for “$165”.

Subsec. (a)(3). Pub. L. 103–140, § 5(3), generally upgraded monthly rates in table for pay grades E–7 to E–9, W–1 to W–4, and O–1 to O–10, struck out table entries for pay grades E–1 to E–6, and substituted “$943” for “$934” in footnote 1 and “section 1302” for “section 402” and “$1,753” for “$1,744” in footnote 2.

Pub. L. 103–78, § 4(1), generally upgraded monthly rates for all pay grades in table.

Subsec. (c). Pub. L. 103–140, § 5(4), substituted “$195” for “$191”.

Pub. L. 103–78, § 4(2), substituted “$191” for “$185”.

Subsec. (d). Pub. L. 103–140, § 5(5), substituted “$95” for “$93”.

Pub. L. 103–78, § 4(3), substituted “$93” for “$90”.

1992

Subsec. (a). Pub. L. 102–568, § 102(a), added pars. (1) to (3) before table and struck out former provision before table which read as follows: “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:”.

Subsec. (b). Pub. L. 102–568, § 102(b), substituted “$100 for each such child during fiscal year 1993, $150 for each such child during fiscal year 1994, and $200 for each such child thereafter” for “$71 for each such child”.

1991

Pub. L. 102–83, § 5(a), renumbered section 411 of this title as this section.

Subsec. (a). Pub. L. 102–152, § 5(1), generally upgraded monthly rates for all pay grades.

Pub. L. 102–83, § 5(c)(1), substituted “1302” for “402” in footnotes 1 and 2.

Pub. L. 102–3, § 5(1), generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 102–152, § 5(2), substituted “$71” for “$68”.

Pub. L. 102–3, § 5(2), substituted “$68” for “$65”.

Subsec. (c). Pub. L. 102–152, § 5(3), substituted “$185” for “$178”.

Pub. L. 102–3, § 5(3), substituted “$178” for “$169”.

Subsec. (d). Pub. L. 102–152, § 5(4), substituted “$90” for “$87”.

Pub. L. 102–3, § 5(4), substituted “$87” for “$83”.

1989

Subsec. (a). Pub. L. 101–237, § 104(1), generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 101–237, § 104(2), substituted “$65” for “$62”.

Subsec. (c). Pub. L. 101–237, § 104(3), substituted “$169” for “$161”.

Subsec. (d). Pub. L. 101–237, § 104(4), substituted “$83” for “$79”.

1988

Subsec. (a). Pub. L. 100–687, § 1104(1), generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 100–687, § 1104(2), substituted “$62” for “$60”.

Subsec. (c). Pub. L. 100–687, § 1104(3), substituted “$161” for “$155”.

Subsec. (d). Pub. L. 100–687, § 1104(4), substituted “$79” for “$76”.

1987

Subsec. (a). Pub. L. 100–227, § 104(1), generally upgraded monthly rates for all pay grades.

Pub. L. 100–180 inserted “or Vice Chairman” in footnote 2 after table.

Subsec. (b). Pub. L. 100–227, § 104(2), substituted “$60” for “$58”.

Subsec. (c). Pub. L. 100–227, § 104(3), substituted “$155” for “$149”.

Subsec. (d). Pub. L. 100–227, § 104(4), substituted “$76” for “$73”.

1986

Subsec. (a). Pub. L. 99–576, § 104(1), generally upgraded monthly rates for all pay grades.

Pub. L. 99–238, § 104(1), generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 99–576, § 104(2), substituted “$58” for “$57”.

Pub. L. 99–238, § 104(2), substituted “$57” for “$55”.

Subsec. (c). Pub. L. 99–576, § 104(3), substituted “$149” for “$147”.

Pub. L. 99–238, § 104(3), substituted “$147” for “$143”.

Subsec. (d). Pub. L. 99–576, § 104(4), substituted “$73” for “$72”.

Pub. L. 99–238, § 104(4), substituted “$72” for “$70”.

1984

Subsec. (a). Pub. L. 98–543, § 104(a), generally upgraded monthly rates for all pay grades.

Pub. L. 98–223, § 104(a), generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 98–543, § 104(b), substituted “$55” for “$53”.

Pub. L. 98–223, § 104(b), substituted “$53” for “$51”.

Subsec. (c). Pub. L. 98–543, § 104(c), substituted “$143” for “$139”.

Pub. L. 98–223, § 104(c), substituted “$139” for “$134”.

Subsec. (d). Pub. L. 98–543, § 104(d), substituted “$70” for “$68”.

Pub. L. 98–223, § 104(d), substituted “$68” for “$66”.

1982

Subsec. (a). Pub. L. 97–306, §§ 104(a), 107, 108, generally upgraded monthly rates for all pay grades, and repealed amendments made by Pub. L. 97–253, § 405(e)(1), eff. .

Pub. L. 97–253, § 405(e)(1), (h), eff. , lowered monthly rates for all grades and for positions mentioned in footnotes by $1, except for grades E–3 through E–7.

Subsec. (b). Pub. L. 97–306, §§ 104(b), 107, 108, substituted “$51” for “$48”, and repealed amendment made by Pub. L. 97–253, § 405(e)(2), eff. .

Pub. L. 97–253, § 405(e)(2), (h), eff. , substituted “$47” for “$48” after “shall be increased by”.

Subsec. (c). Pub. L. 97–306, §§ 104(c), 107, 108, substituted “$134” for “$125”, and repealed amendment made by Pub. L. 97–253, § 405(e)(3), eff. .

Pub. L. 97–253, § 405(e)(3), (h), eff. , substituted “$124” for “$125”.

Subsec. (d). Pub. L. 97–306, §§ 104(d), 107, 108, substituted “$66” for “$62”, and repealed amendment made by Pub. L. 97–253, § 405(e)(4), eff. .

Pub. L. 97–253, § 405(e)(4), (h), eff. , substituted “$61” for “$62” after “shall be increased by”.

1981

Subsec. (a). Pub. L. 97–66, § 201(a), generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 97–66, § 201(b), increased from $43 to $48 monthly dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 97–66, § 201(c), increased monthly rate of compensation from $112 to $125.

Subsec. (d). Pub. L. 97–66, § 201(d), increased monthly rate of compensation from $56 to $62.

1980

Subsec. (a). Pub. L. 96–385, § 201(a), generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 96–385, § 201(b), increased from $38 to $43 monthly dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 96–385, § 201(c), increased monthly rate of compensation from $98 to $112.

Subsec. (d). Pub. L. 96–385, § 201(d), increased monthly rate of compensation from $49 to $56.

1979

Subsec. (a). Pub. L. 96–128, § 201(a), generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 96–128, § 201(b), increased from $35 to $38 monthly dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 96–128, § 201(c), increased monthly rate of compensation from $89 to $98.

Subsec. (d). Pub. L. 96–128, § 201(d), increased monthly rate from $45 to $49.

1978

Subsec. (a). Pub. L. 95–479, § 201(a), generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 95–479, § 201(b), increased from $33 to $35 monthly dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 95–479, § 201(c), increased monthly rate of compensation from $83 to $89.

Subsec. (d). Pub. L. 95–479, § 201(d), added subsec. (d).

1977

Subsec. (a). Pub. L. 95–117 generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 95–117 increased from $31 to $33 monthly dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 95–117 increased monthly rate of compensation payable to a surviving spouse from $78 to $83.

1976

Pub. L. 94–433 substituted “surviving spouse” for “widow” in section catchline.

Subsec. (a). Pub. L. 94–433 substituted “surviving spouse” for “widow” and “pay grade of the person upon whose death entitlement is predicated” for “pay grade of her deceased husband” in text and “surviving spouse’s rate” for “widow’s rate” in footnotes 1 and 2 and generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 94–433 substituted “surviving spouse” for “widow” in two places and increased from $29 to $31 monthly dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 94–433 substituted “surviving spouse” and “spouse” for “widow” and “she” and increased monthly rate of compensation payable from $72 to $78.

1975

Subsec. (a). Pub. L. 94–71 generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 94–71 increased from $26 to $29 monthly dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 94–71 increased monthly rate of compensation payable to a widow from $64 to $72.

1974

Subsec. (a). Pub. L. 93–295 generally upgraded monthly rates for all pay grades.

Subsec. (b). Pub. L. 93–295 increased from $22 to $26 monthly dependency and indemnity compensation rate for each child.

Subsec. (c). Pub. L. 93–295 increased monthly rate of compensation payable to the widow from $55 to $64.

1972

Subsec. (a). Pub. L. 92–455 substituted in footnote 1 of table “chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard,” for “chief master sergeant of the Air Force, or sergeant major of the Marine Corps,”.

1971

Subsec. (a). Pub. L. 92–197 generally upgraded monthly rate for all pay grades.

Subsec. (b). Pub. L. 92–197 increased dependency and indemnity compensation rate by $22 per month for each child from $20.

Subsec. (c). Pub. L. 92–197 reenacted subsec. (c) without change.

1970

Subsec. (c). Pub. L. 91–588 substituted “$55” for “$50”.

1969

Subsec. (a). Pub. L. 91–96 substituted provisions setting forth dependency and indemnity compensation table based on the pay grade of the deceased husband for provisions that dependency and indemnity compensation was to be paid at a monthly rate equal to $120 plus 12 per centum of basic pay of the deceased husband.

Subsec. (b). Pub. L. 91–96 substituted provisions which increased dependency and indemnity compensation rate by $20 per month for each child below the age of eighteen of a deceased veteran for provisions which increased dependency and indemnity compensation rate by $28 per month for each child of a deceased veteran in excess of one where there was a widow and two or more children below the age of eighteen and the total of monthly benefits they were receiving was less than a determined amount.

Subsec. (c). Pub. L. 91–96 substituted provisions increasing dependency and indemnity compensation rate by $50 per month for widows that are patients in nursing homes, or are helpless or blind for provisions authorizing Administrator to increase to next highest dollar any fraction of a dollar payable under former subsecs. (a) and (b).

Subsecs. (d) to (f). Pub. L. 91–96 struck out subsecs. (d) to (f) which provided for determination of amount of additional compensation payable to a widow under former provisions of subsec. (b).

Subsec. (d)(3). Pub. L. 91–24 substituted “section 228c–1(h)” for “section 228c–1(i)”.

1963

Subsec. (a). Pub. L. 88–134 increased from $112 to $120 the monthly rate of widow’s dependency and indemnity compensation.

Subsec. (b). Pub. L. 88–21 substituted “$28” for “$25”.

1961

Subsec. (d)(1). Pub. L. 87–268 substituted “section 412(a)” for “section 412”.

Statutory Notes and Related Subsidiaries

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 2004 Amendment

Pub. L. 108–454, title III, § 301(b), , 118 Stat. 3610, provided that: “Subsection (e) of section 1311 of title 38, United States Code, as added by subsection (a), shall take effect with respect to payments for the first month beginning after the date of the enactment of this Act [].”

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–183 effective , see section 101(c) of Pub. L. 108–183, set out as a note under section 103 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 Amendments

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.

Amendment by Pub. L. 106–117 effective on first day of first month beginning after Nov. 1999, see section 502(c) of Pub. L. 106–117, set out as a note under section 103 of this title.

Effective Date of 1998 Amendment

Pub. L. 105–178, title VIII, § 8207(b), , 112 Stat. 495, provided that: “No payment may be made by reason of section 1311(e) of title 38, United States Code, as added by subsection (a) [amending this section], for any month before October 1998.”

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 1992 Amendment

Section 102(c) of Pub. L. 102–568 provided that: “The amendments made by this section [amending this section] shall take effect on .”

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 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 1101 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 , see section 401 of Pub. L. 93–295, set out as a note under section 1114 of this title.

Effective Date of 1971 Amendment

Section 10 of Pub. L. 92–197 provided that: “This Act [amending this section and sections 321, 322, 341, 413 to 415, 417 and 724 [now 1121, 1122, 1141, 1313 to 1315, 1317, and 1924] of this title and enacting provisions set out as note under section 1317 of this title] shall take effect on .”

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–588 effective , 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 , see section 8 of Pub. L. 91–96, set out as a note under section 1302 of this title.

Effective Date of 1963 Amendments

Pub. L. 88–134, § 2, , 77 Stat. 223, provided that: “The amendment made by this Act [amending this section] shall take effect on the effective date of the Uniformed Services Pay Act of 1963 [effective ; see Short Title note set out under section 201 of Title 37, Pay and Allowances of the Uniformed Services] or on , whichever first occurs.”

Pub. L. 88–21, § 5, , 77 Stat. 17, provided that: “The amendments made by this Act [amending this section and sections 413 to 415 [now 1313 to 1315] of this title] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [].”

Effective Date of 1961 Amendment

Amendment by Pub. L. 87–268 effective , see section 3 of Pub. L. 87–268, set out as a note under section 1312 of this title.

Repeal

Pub. L. 97–253, title IV, § 405(e), , 96 Stat. 804, cited as a credit to this section, was repealed by Pub. L. 97–306, §§ 107, 108, , 96 Stat. 1431, 1432, eff. .

Savings Provision

Pub. L. 88–132, § 13(a), , 77 Stat. 218, provided that: “The enactment of this Act [see Short Title note under section 201 of Title 37, Pay and Allowances of the Uniformed Services] does not reduce the rate of dependency and indemnity compensation under section 411 [now 1311] of title 38, United States Code, that any person was receiving on the day before the effective date of this Act [] or which thereafter becomes payable for that day by reason of a subsequent determination.”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Retroactive Benefits Prohibited

For provisions relating to prohibition of retroactive benefits by reason of amendments to this section by Pub. L. 108–183, see section 101(d) of Pub. L. 108–183, set out as a note under section 103 of this title.

Payment for Implementation of Revisions

Pub. L. 102–568, title I, § 102(d), , 106 Stat. 4322, provided that the costs of implementing, during fiscal years 1993 and 1994, any revisions in the payment of dependency and indemnity compensation to surviving spouses under this section that result from the amendments made by section 102(a) and (b) of Pub. L. 102–568 to this section, were to be paid from amounts available to the Department of Veterans Affairs for the payment of compensation and pension.

Credits

1958–2010 · 49 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1127, § 411
  2. 1961Pub. L. 87–268, § 1(b), , 75 Stat. 566
  3. 1963Pub. L. 88–21, § 1, , 77 Stat. 17
  4. 1963Pub. L. 88–134, § 1, , 77 Stat. 223
  5. 1969Pub. L. 91–24, § 4(b), , 83 Stat. 33
  6. 1969Pub. L. 91–96, § 3, , 83 Stat. 144
  7. 1970Pub. L. 91–588, § 3(a), , 84 Stat. 1583
  8. 1971Pub. L. 92–197, § 1, , 85 Stat. 660
  9. 1972Pub. L. 92–455, § 4, , 86 Stat. 761
  10. 1974Pub. L. 93–295, title II, § 201, , 88 Stat. 182
  11. 1975Pub. L. 94–71, title II, § 201, , 89 Stat. 396
  12. 1976Pub. L. 94–433, title II, § 201, , 90 Stat. 1375
  13. 1977Pub. L. 95–117, title II, § 201, , 91 Stat. 1064
  14. 1978Pub. L. 95–479, title II, § 201, , 92 Stat. 1562
  15. 1979Pub. L. 96–128, title II, § 201, , 93 Stat. 984
  16. 1980Pub. L. 96–385, title II, § 201, , 94 Stat. 1529
  17. 1981Pub. L. 97–66, title II, § 201, , 95 Stat. 1028
  18. 1982Pub. L. 97–253, title IV, § 405(e), , 96 Stat. 804
  19. 1982Pub. L. 97–306, title I, §§ 104, 107, , 96 Stat. 1430, 1431
  20. 1984Pub. L. 98–223, title I, § 104, , 98 Stat. 38
  21. 1984Pub. L. 98–543, title I, § 104, , 98 Stat. 2736
  22. 1986Pub. L. 99–238, title I, § 104, , 99 Stat. 1766
  23. 1986Pub. L. 99–576, title I, § 104, , 100 Stat. 3251
  24. 1987Pub. L. 100–180, div. A, title XIII, § 1314(d)[(1)], , 101 Stat. 1176
  25. 1987Pub. L. 100–227, title I, § 104, , 101 Stat. 1554
  26. 1988Pub. L. 100–687, div. B, title XI, § 1104, , 102 Stat. 4124
  27. 1989Pub. L. 101–237, title I, § 104, , 103 Stat. 2063
  28. 1991Pub. L. 102–3, § 5, , 105 Stat. 9
  29. 1991renumbered § 1311 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
  30. 1991Pub. L. 102–152, § 5, , 105 Stat. 986
  31. 1992Pub. L. 102–568, title I, § 102(a), (b), , 106 Stat. 4321, 4322
  32. 1993Pub. L. 103–78, § 4, , 107 Stat. 768
  33. 1993Pub. L. 103–140, § 5, , 107 Stat. 1486
  34. 1997Pub. L. 105–98, § 5, , 111 Stat. 2156
  35. 1998Pub. L. 105–178, title VIII, § 8207(a), , 112 Stat. 495
  36. 1999Pub. L. 106–117, title V, § 502(b), , 113 Stat. 1574
  37. 1999Pub. L. 106–118, § 5, , 113 Stat. 1602
  38. 2001Pub. L. 107–94, § 5, , 115 Stat. 901
  39. 2002Pub. L. 107–330, title III, § 309(d), , 116 Stat. 2830
  40. 2003Pub. L. 108–183, title I, § 101(b), , 117 Stat. 2652
  41. 2004Pub. L. 108–454, title III, §§ 301(a), 307(d), , 118 Stat. 3610, 3613
  42. 2005Pub. L. 109–111, § 2(d), , 119 Stat. 2363
  43. 2006Pub. L. 109–233, title V, § 502(3), , 120 Stat. 415
  44. 2006Pub. L. 109–361, § 4, , 120 Stat. 2063
  45. 2006Pub. L. 109–444, § 9(d), , 120 Stat. 3315
  46. 2006Pub. L. 109–461, title X, §§ 1005(d), 1006(b), , 120 Stat. 3467, 3468
  47. 2008Pub. L. 110–324, § 3(d), , 122 Stat. 3551
  48. 2009Pub. L. 111–37, § 3(d), , 123 Stat. 1929
  49. 2010Pub. L. 111–275, title VI, § 602, , 124 Stat. 2884.
Show as published

(Pub. L. 85–857, , 72 Stat. 1127, § 411; Pub. L. 87–268, § 1(b), , 75 Stat. 566; Pub. L. 88–21, § 1, , 77 Stat. 17; Pub. L. 88–134, § 1, , 77 Stat. 223; Pub. L. 91–24, § 4(b), , 83 Stat. 33; Pub. L. 91–96, § 3, , 83 Stat. 144; Pub. L. 91–588, § 3(a), , 84 Stat. 1583; Pub. L. 92–197, § 1, , 85 Stat. 660; Pub. L. 92–455, § 4, , 86 Stat. 761; Pub. L. 93–295, title II, § 201, , 88 Stat. 182; Pub. L. 94–71, title II, § 201, , 89 Stat. 396; Pub. L. 94–433, title II, § 201, , 90 Stat. 1375; Pub. L. 95–117, title II, § 201, , 91 Stat. 1064; Pub. L. 95–479, title II, § 201, , 92 Stat. 1562; Pub. L. 96–128, title II, § 201, , 93 Stat. 984; Pub. L. 96–385, title II, § 201, , 94 Stat. 1529; Pub. L. 97–66, title II, § 201, , 95 Stat. 1028; Pub. L. 97–253, title IV, § 405(e), , 96 Stat. 804; Pub. L. 97–306, title I, §§ 104, 107, , 96 Stat. 1430, 1431; Pub. L. 98–223, title I, § 104, , 98 Stat. 38; Pub. L. 98–543, title I, § 104, , 98 Stat. 2736; Pub. L. 99–238, title I, § 104, , 99 Stat. 1766; Pub. L. 99–576, title I, § 104, , 100 Stat. 3251; Pub. L. 100–180, div. A, title XIII, § 1314(d)[(1)], , 101 Stat. 1176; Pub. L. 100–227, title I, § 104, , 101 Stat. 1554; Pub. L. 100–687, div. B, title XI, § 1104, , 102 Stat. 4124; Pub. L. 101–237, title I, § 104, , 103 Stat. 2063; Pub. L. 102–3, § 5, , 105 Stat. 9; renumbered § 1311 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 102–152, § 5, , 105 Stat. 986; Pub. L. 102–568, title I, § 102(a), (b), , 106 Stat. 4321, 4322; Pub. L. 103–78, § 4, , 107 Stat. 768; Pub. L. 103–140, § 5, , 107 Stat. 1486; Pub. L. 105–98, § 5, , 111 Stat. 2156; Pub. L. 105–178, title VIII, § 8207(a), , 112 Stat. 495; Pub. L. 106–117, title V, § 502(b), , 113 Stat. 1574; Pub. L. 106–118, § 5, , 113 Stat. 1602; Pub. L. 107–94, § 5, , 115 Stat. 901; Pub. L. 107–330, title III, § 309(d), , 116 Stat. 2830; Pub. L. 108–183, title I, § 101(b), , 117 Stat. 2652; Pub. L. 108–454, title III, §§ 301(a), 307(d), , 118 Stat. 3610, 3613; Pub. L. 109–111, § 2(d), , 119 Stat. 2363; Pub. L. 109–233, title V, § 502(3), , 120 Stat. 415; Pub. L. 109–361, § 4, , 120 Stat. 2063; Pub. L. 109–444, § 9(d), , 120 Stat. 3315; Pub. L. 109–461, title X, §§ 1005(d), 1006(b), , 120 Stat. 3467, 3468; Pub. L. 110–324, § 3(d), , 122 Stat. 3551; Pub. L. 111–37, § 3(d), , 123 Stat. 1929; Pub. L. 111–275, title VI, § 602, , 124 Stat. 2884.)

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