§ 1318. Benefits for survivors of certain veterans rated totally disabled at time of death

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. 1988

   Veterans’ Benefits Improvement Act of 1988

   Pub. L. 100–687 div. B title XIV § 1403(a)(1) · 102 Stat. 4105

   Enacted · 38 U.S.C. § 1318

   Added Pub. L. 100–687, div. B, title XIV, § 1403(a)(1), Nov. 18, 1988, 102 Stat. 4130, § 418

   Source evidence

   Code source credit
   Added Pub. L. 100–687, div. B, title XIV, § 1403(a)(1), Nov. 18, 1988, 102 Stat. 4130, § 418

   Enacted provision · exact public law section
   (1) Subchapter II of chapter 13 is amended by adding at the end the following new section: “§ 418. Benefits for survivors of certain veterans rated totally disabled at time of death “(a) The Administrator shall pay benefits under this chapter to the surviving spouse and to the children of a deceased veteran described in subsection (b) of this section in the same manner as if the veteran’s death were service connected. “(b) A deceased veteran referred to in subsection (a) of this section is a veteran who dies, not as the result of the veteran’s own willful misconduct, and who was in receipt of or entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability that either— “(1) was continuously rated totally disabling for a period of 10 or more years immediately preceding death; or “(2) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veteran’s discharge or other release from active duty. “(c) Benefits may not be paid under this chapter by reason of this section to a surviving spouse of a veteran unless— “(1) the surviving spouse was married to the veteran for two years or more immediately preceding the veteran’s death; or “(2) a child was born of the marriage or was born to them before the marriage. “(d) If a surviving spouse or a child receives any money or property of value pursuant to an award in a judicial proceeding based upon, or a settlement or compromise of, any cause of action for damages for the death of a veteran described in subsection (a) of this section, benefits under this chapter payable to such surviving spouse or child by virtue of this section shall not be paid for any month following a month in which any such money or property is received until such time as the total amount of such benefits that would otherwise have been payable equals the total of the amount of the money received and the fair market value of the property received. “(e) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this section shall be deemed eligibility for dependency and indemnity compensation under section 411(a) of this title.”.

2. 1989

   Veterans’ Benefits Amendments of 1989

   Pub. L. 101–237 title I § 113 · 103 Stat. 2062

   Substituted · 38 U.S.C. § 1318(c)(1)

   Pub. L. 101–237 substituted “one year” for “two years”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 101–237 substituted “one year” for “two years”.

   Enacted provision · exact public law section
   SEC. 113. REDUCTION IN PERIOD OF MARRIAGE REQUIRED FOR ELIGIBILITY FOR CERTAIN SURVIVOR BENEFITS. Section 418(c)(1) is amended by striking out “two years” and inserting in lieu thereof “one year”.

3. 1991

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

   Changed · 38 U.S.C. § 1318

   Pub. L. 102–83, § 5(a), renumbered section 418 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 418 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.

4. 1991

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

   Substituted · 38 U.S.C. § 1318(a)

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

   Source evidence

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

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

5. 1991

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

   Substituted · 38 U.S.C. § 1318(e)

   Pub. L. 102–83, § 5(c)(1), substituted “1311(a)” for “411(a)”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “1311(a)” for “411(a)”.

   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.

6. 1999

   Veterans Millennium Health Care and Benefits Act

   Pub. L. 106–117 § 501(b)(1) · 113 Stat. 1545

   Substituted · 38 U.S.C. § 1318(b)

   Pub. L. 106–117, § 501(b)(1), substituted “rated totally disabling if—” for “that either—” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–117, § 501(b)(1), substituted “rated totally disabling if—” for “that either—” in introductory provisions.

   Enacted provision · exact public law section
   (1) by striking “that either—” in the matter preceding paragraph (1) and inserting “rated totally disabling if—”;

7. 1999

   Veterans Millennium Health Care and Benefits Act

   Pub. L. 106–117 § 501(b)(2) · 113 Stat. 1545

   1. Inserted · 38 U.S.C. § 1318(b)(1)

      Pub. L. 106–117, § 501(b)(2), inserted “the disability” after “(1)”

   2. Struck · 38 U.S.C. § 1318(b)(1)

      Pub. L. 106–117, § 501(b)(2), struck out “or” after “death;”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 106–117, § 501(b)(2), inserted “the disability” after “(1)” and struck out “or” after “death;”.

   Enacted provision · exact public law section
   (2) in paragraph (1)— (A) by inserting “the disability” after “(1)”; and (B) by striking “or” after “death;”;

8. 1999

   Veterans Millennium Health Care and Benefits Act

   Pub. L. 106–117 § 501(b)(3) · 113 Stat. 1545

   1. Substituted · 38 U.S.C. § 1318(b)(2)

      Pub. L. 106–117, § 501(b)(3), substituted “the disability was continuously rated totally disabling” for “if so rated for a lesser period, was so rated continuously”

   2. Substituted · 38 U.S.C. § 1318(b)(2)

      Pub. L. 106–117, § 501(b)(3), substituted “; or” for the period at the end

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 106–117, § 501(b)(3), substituted “the disability was continuously rated totally disabling” for “if so rated for a lesser period, was so rated continuously” and substituted “; or” for the period at the end.

   Enacted provision · exact public law section
   (3) in paragraph (2)— (A) by striking “if so rated for a lesser period, was so rated continuously” and inserting “the disability was continuously rated totally disabling”; and (B) by striking the period at the end and inserting “; or”; and

9. 1999

   Veterans Millennium Health Care and Benefits Act

   Pub. L. 106–117 § 501(b)(4) · 113 Stat. 1545

   Added · 38 U.S.C. § 1318(b)(3)

   Pub. L. 106–117, § 501(b)(4), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 106–117, § 501(b)(4), added par. (3).

   Enacted provision · exact public law section
   (4) by adding at the end the following new paragraph: “(3) the veteran was a former prisoner of war who died after September 30, 1999, and the disability was continuously rated totally disabling for a period of not later than one year immediately preceding death.”.

10. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title IV § 404(a)(2) · 114 Stat. 1822

    Substituted · 38 U.S.C. § 1318(b)(3)

    Pub. L. 106–419 substituted “not less than” for “not later than”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 106–419 substituted “not less than” for “not later than”.

    Enacted provision · exact public law section
    (2) Section 1318(b)(3) is amended by striking “not later than” and inserting “not less than”.

11. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 title VI § 603(a) · 124 Stat. 2864

    Struck · 38 U.S.C. § 1318(b)(3)

    Pub. L. 111–275 struck out “who died after September 30, 1999,” after “prisoner of war”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 111–275 struck out “who died after September 30, 1999,” after “prisoner of war”.

    Enacted provision · exact public law section
    (a) In General.— Section 1318(b)(3) 38 USC 1318. is amended by striking “who died after September 30, 1999,”.

    Effective date note
    Pub. L. 111–275, title VI, § 603(b), Oct. 13, 2010, 124 Stat. 2885, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2011.”

13 of 13 references resolved to an enrolled provision