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Title 38 — Veterans’ Benefits

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

§ 1323. Certifications with respect to circumstances of death

Statutory text

Whenever the Secretary determines on the basis of a claim for benefits filed with the Secretary that a death occurred under the circumstances referred to in section 1476(a) of title 10, the Secretary shall certify that fact to the Secretary concerned. In all other cases, the Secretary shall make the determination referred to in such section at the request of the Secretary concerned.

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. § 1323

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1133, § 423

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1133, § 423

  2. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 title IV § 405(19) · 90 Stat. 1374

    1. Substituted · 38 U.S.C. § 1323

      Pub. L. 94–433 substituted “with the Administrator” for “with him” before “shall certify” and “shall make”

    2. Substituted · 38 U.S.C. § 1323

      Pub. L. 94–433 substituted “the Administrator” for “he” before “shall certify” and “shall make”

    Source evidence

    Code amendment note
    Pub. L. 94–433 substituted “with the Administrator” for “with him” and “the Administrator” for “he” before “shall certify” and “shall make”.

    Enacted provision · exact public law section
    (19) by striking out in section 423 “him” and “he” each time they appear and inserting in lieu thereof “the Administrator”.

    Effective date note
    Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

  3. Pub. L. 102–54 § 14(b)(4) · 105 Stat. 267

    Struck · 38 U.S.C. § 1323

    Pub. L. 102–54 struck out “or section 321(b) of title 32,” after “title 10,” and “1476(a) or 321(b)” after “such section”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–54 struck out “or section 321(b) of title 32,” after “title 10,” and “1476(a) or 321(b)” after “such section”.

    Enacted provision · exact public law section
    (4) Section 423 is amended— (A) by striking out “or section 321(b) of title 32,” in the first sentence; and (B) by striking out “1476(a) or 321(b)” in the second sentence.

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

    Changed · 38 U.S.C. § 1323

    Pub. L. 102–83, § 5(a), renumbered section 423 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 423 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.

  5. Pub. L. 102–83 § 4(b)(3)(A) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1323

    Pub. L. 102–83, § 4(b)(3)(A), substituted “Certifications with respect to circumstances of death” for “Certifications by Administrator” in section catchline

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(3)(A), substituted “Certifications with respect to circumstances of death” for “Certifications by Administrator” in section catchline.

    Enacted provision · exact public law section
    (A) The heading of section 423 is amended to read as follows: “§ 423. Certifications with respect to circumstances of death”. (B) The item relating to that section in the table of sections at the beginning of chapter 13 is amended to read as follows: “423. Certifications with respect to circumstances of death.”.

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

    1. Substituted · 38 U.S.C. § 1323

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

    2. Substituted · 38 U.S.C. § 1323

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

    3. Substituted · 38 U.S.C. § 1323

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary determines” for “Administrator determines”, “Secretary that” for “Administrator that”, and in two places “Secretary shall” for “Administrator shall”.

    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.

8 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

Prior sections 1401, 1402, 1411 to 1419, 1421 to 1423, 1431 to 1436, and 1500 were renumbered sections 3001, 3002, 3011 to 3019, 3021 to 3023, 3031 to former 3036, and 3100 of this title, respectively.

Amendments1976–1991 · 2 rounds

1991

Pub. L. 102–83, § 5(a), renumbered section 423 of this title as this section.

Pub. L. 102–83, § 4(b)(3)(A), substituted “Certifications with respect to circumstances of death” for “Certifications by Administrator” in section catchline.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary determines” for “Administrator determines”, “Secretary that” for “Administrator that”, and in two places “Secretary shall” for “Administrator shall”.

Pub. L. 102–54 struck out “or section 321(b) of title 32,” after “title 10,” and “1476(a) or 321(b)” after “such section”.

1976

Pub. L. 94–433 substituted “with the Administrator” for “with him” and “the Administrator” for “he” before “shall certify” and “shall make”.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective , see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Credits

1958–1991 · 4 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1133, § 423
  2. 1976Pub. L. 94–433, title IV, § 405(19), , 90 Stat. 1380
  3. 1991Pub. L. 102–54, § 14(b)(4), , 105 Stat. 283
  4. 1991renumbered § 1323 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), (3)(A), 5(a), , 105 Stat. 404–406.
Show as published

(Pub. L. 85–857, , 72 Stat. 1133, § 423; Pub. L. 94–433, title IV, § 405(19), , 90 Stat. 1380; Pub. L. 102–54, § 14(b)(4), , 105 Stat. 283; renumbered § 1323 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), (3)(A), 5(a), , 105 Stat. 404–406.)

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