Title 38 — Veterans’ Benefits
Part II · Chapter 15 — Pension for Non-Service-Connected Disability or Death or for Service
§ 1503. Determinations with respect to annual income
Statutory text
In determining annual income under this chapter, all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived, irrespective of whether the waiver was made pursuant to statute, contract, or otherwise) shall be included except—
donations from public or private relief or welfare organizations;
payments under this chapter;
amounts equal to amounts paid by a spouse of a veteran for the expenses of such veteran’s last illness, and by a surviving spouse or child of a deceased veteran for—
such veteran’s just debts,
the expenses of such veteran’s last illness, and
the expenses of such veteran’s burial to the extent such expenses are not reimbursed under chapter 23 of this title;
amounts equal to amounts paid—
by a veteran for the last illness and burial of such veteran’s deceased spouse or child, or
by the spouse of a living veteran or the surviving spouse of a deceased veteran for the last illness and burial of a child of such veteran;
payments regarding reimbursements of any kind (including insurance settlement payments) for expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from—
any accident (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident;
any theft or loss (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money (including legal tender of the United States or of a foreign country) involved at the time immediately preceding the theft or loss; or
any casualty loss (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the casualty loss;
profit realized from the disposition of real or personal property other than in the course of a business;
amounts in joint accounts in banks and similar institutions acquired by reason of death of other joint owner;
amounts equal to amounts paid by a veteran, veterans’ spouse, or surviving spouse or by or on behalf of a veteran’s child for unreimbursed medical expenses, to the extent that such amounts exceed 5 percent of the maximum annual rate of pension (including any amount of increased pension payable on account of family members but not including any amount of pension payable because a person is in need of regular aid and attendance or because a person is permanently housebound) payable to such veteran, surviving spouse, or child;
in the case of a veteran or surviving spouse pursuing a course of education or vocational rehabilitation or training, amounts equal to amounts paid by such veteran or surviving spouse for such course of education or vocational rehabilitation or training, including (A) amounts paid for tuition, fees, books, and materials, and (B) in the case of such a veteran or surviving spouse in need of regular aid and attendance, unreimbursed amounts paid for unusual transportation expenses in connection with the pursuit of such course of education or vocational rehabilitation or training, to the extent that such amounts exceed the reasonable expenses which would have been incurred by a nondisabled person using an appropriate means of transportation (public transportation, if reasonably available);
in the case of a child, any current-work income received during the year, to the extent that the total amount of such income does not exceed an amount equal to the sum of—
the lowest amount of gross income for which an income tax return is required under section 6012(a) of the Internal Revenue Code of 1986, to be filed by an individual who is not married (as determined under section 7703 of such Code), is not a surviving spouse (as defined in section 2(a) of such Code), and is not a head of household (as defined in section 2(b) of such Code); and
if the child is pursuing a course of postsecondary education or vocational rehabilitation or training, the amount paid by such child for such course of education or vocational rehabilitation or training, including the amount paid for tuition, fees, books, and materials;
payment of a monetary amount of up to $5,000 to a veteran from a State or municipality that is paid as a veterans’ benefit due to injury or disease; and
lump-sum proceeds of any life insurance policy on a veteran, for purposes of pension under subchapter III of this chapter.
Where a fraction of a dollar is involved, annual income shall be fixed at the next lower dollar.
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.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 1503
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 503
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 503Veterans’ Pension Act of 1959
Pub. L. 86–211 § 2(a) · 73 Stat. 432
Changed · 38 U.S.C. § 1503
Pub. L. 86–211 among other changes, required the inclusion of all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived), and permitted the exclusion of donations from public or private relief or welfare organizations, payments under policies of United States Government life insurance or National Service Life Insurance, and payments of servicemen’s indemnity, lump sum death payments, payments to an individual under public or private retirement, annuity, endowment, or similar plans or programs equal to his contributions thereto, amounts equal to amounts paid by a widow or child for the veteran’s just debts, expenses of his last illness, and expenses of his burial to the extent such expenses are not reimbursed under chapter 23 of this title, and proceeds of life insurance policies
Source evidence
Code amendment note
Pub. L. 86–211 among other changes, required the inclusion of all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived), and permitted the exclusion of donations from public or private relief or welfare organizations, payments under policies of United States Government life insurance or National Service Life Insurance, and payments of servicemen’s indemnity, lump sum death payments, payments to an individual under public or private retirement, annuity, endowment, or similar plans or programs equal to his contributions thereto, amounts equal to amounts paid by a widow or child for the veteran’s just debts, expenses of his last illness, and expenses of his burial to the extent such expenses are not reimbursed under chapter 23 of this title, and proceeds of life insurance policies.Enacted provision · exact public law section
(a) Section 503 of title 38, United States Code, is amended to read as follows: “§ 503. Determinations with respect to annual income “In determining annual income under this chapter, all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived, irrespective of whether the waiver was made pursuant to statute, contract, or otherwise) shall be included except— “(1) payments of the six-months’ death gratuity; “(2) donations from public or private relief or welfare organizations; “(3) payments under this chapter, and chapters 11 and 13 (except section 412) of this title; “(4) payments under policies of United States Government life insurance or National Service Life Insurance, and payments of servicemen’s indemnity; “(5) lump sum death payments under subchapter II of chapter 7 of title 42; “(6) payments to an individual under public or private retirement, annuity, endowment, or similar plans or programs equal to his contributions thereto; “(7) amounts equal to amounts paid by a widow or child of a deceased veteran for— “(A) his just debts, “(B) the expenses of his last illness, and “(C) the expenses of his burial to the extent such expenses are not reimbursed under chapter 23 of this title; “(8) proceeds of fire insurance policies.”Pub. L. 87–268 § 1(b) · 75 Stat. 566
Substituted · 38 U.S.C. § 1503
Pub. L. 87–268 substituted “section 412(a)” for “section 412”
Source evidence
Code amendment note
Pub. L. 87–268 substituted “section 412(a)” for “section 412”.Pub. L. 88–664 § 1(a) · 78 Stat. 1094
Inserted · 38 U.S.C. § 1503(6)
Pub. L. 88–664, § 1(a), inserted “10 per centum of the amount of” before “payments”
Struck · 38 U.S.C. § 1503(6)
Pub. L. 88–664, § 1(a), struck out “equal to his contributions thereto” after “programs”
Source evidence
Code amendment note
Par. (6). Pub. L. 88–664, § 1(a), inserted “10 per centum of the amount of” before “payments” and struck out “equal to his contributions thereto” after “programs”.Pub. L. 88–664 § 1(b) · 78 Stat. 1094
Added · 38 U.S.C. § 1503(9)(13)
Pub. L. 88–664, § 1(b), added pars. (9) to (13)
Source evidence
Code amendment note
Pars. (9) to (13). Pub. L. 88–664, § 1(b), added pars. (9) to (13).Veterans’ Pension and Readjustment Assistance Act of 1967
Pub. L. 90–77 § 103(a) · 81 Stat. 178
Changed · 38 U.S.C. § 1503(7)
Pub. L. 90–77, § 103(a), provided for exclusion of amounts paid by a wife of a veteran for the expenses of his past illness
Source evidence
Code amendment note
Par. (7). Pub. L. 90–77, § 103(a), provided for exclusion of amounts paid by a wife of a veteran for the expenses of his past illness.Enacted provision · exact public law section
(a) Paragraph (7) of section 503 of title 38, United States Code, is amended by inserting immediately after “amounts paid by” the following: “a wife of a veteran for the expenses of his last illness, and by”.Veterans’ Pension and Readjustment Assistance Act of 1967
Pub. L. 90–77 § 103(b) · 81 Stat. 178
Amended · 38 U.S.C. § 1503(9)
Pub. L. 90–77, § 103(b), designated existing provisions as subpar. (A)
Added · 38 U.S.C. § 1503(9)
Pub. L. 90–77, § 103(b), added subpar. (B)
Source evidence
Code amendment note
Par. (9). Pub. L. 90–77, § 103(b), designated existing provisions as subpar. (A) and added subpar. (B).Enacted provision · exact public law section
(b) Paragraph (9) of such section 503 is amended by inserting “(A)” immediately after “amounts paid” and by inserting the following immediately before the semicolon at the end thereof: “or (B) by a widow or a wife of a veteran for the last illness and burial of a child of such veteran”.Pub. L. 91–588 § 7(1) · 84 Stat. 1580
Inserted · 38 U.S.C. § 1503(4)
Pub. L. 91–588, § 7(1), inserted reference to servicemen’s group life insurance
Source evidence
Code amendment note
Par. (4). Pub. L. 91–588, § 7(1), inserted reference to servicemen’s group life insurance.Enacted provision · exact public law section
(1) by inserting before “United” in paragraph (4) thereof “servicemen’s group life insurance,”;Pub. L. 91–588 § 7(3) · 84 Stat. 1580
Added · 38 U.S.C. § 1503(14)(17)
Pub. L. 91–588, § 7(3), added pars. (14) to (17)
Source evidence
Code amendment note
Pars. (14) to (17). Pub. L. 91–588, § 7(3), added pars. (14) to (17).Enacted provision · exact public law section
(3) by adding at the end thereof the following new paragraphs: “(14) amounts equal to prepayments on an indebtedness secured by a mortgage, or similar type security instrument, on real property (which was prior to death the principal residence of a veteran and spouse) made by the veteran or his widow, after the death of the spouse, during the year of death and the succeeding year, if said indebtedness was in existence at the time of death; “(15) amounts in joint accounts in banks and similar institutions acquired by reason of death of other joint owner; “(16) payments received by a retired employee from his former employer as reimbursement for monthly premiums for supplementary medical insurance benefits for the aged provided 79 Stat. 301. 42 USC 1395j. by part B of title XVIII of the Social Security Act, as amended; “(17) payments of annuities elected under chapter 73 of title 10.”Pub. L. 92–198 § 2 · 85 Stat. 663
Amended · 38 U.S.C. § 1503
Pub. L. 92–198 designated existing provisions as subsec. (a)
Added · 38 U.S.C. § 1503
Pub. L. 92–198 added subsecs. (b) and (c)
Source evidence
Code amendment note
Pub. L. 92–198 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).Enacted provision · exact public law section
Sec. 2. Section 503 of title 38, United States Code, is amended by (a) inserting “(a)” immediately preceding “In” at the beginning of such section, and (b) adding at the end thereof the following new subsections: “(b) Where a fraction of a dollar is involved, annual income shall be fixed at the next lower dollar. “(c) The Administrator may provide by regulation for the exclusion from income under this chapter of amounts paid by a veteran, widow, or child for unusual medical expenses.”Pub. L. 92–425 § 6(2) · 86 Stat. 706
Substituted · 38 U.S.C. § 1503(17)
Pub. L. 92–425 substituted “subchapter I of chapter 73 of title 10” for “chapter 73 of title 10”
Source evidence
Code amendment note
Par. (17). Pub. L. 92–425 substituted “subchapter I of chapter 73 of title 10” for “chapter 73 of title 10”.Enacted provision · exact public law section
(2) Section 503 (17) is amended to rend as follows: “(17) payments of annuities elected under subchapter 1 of chapter 73 of title 10.”Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 106(3) · 89 Stat. 1013
Substituted · 38 U.S.C. § 1503(a)(7)
Pub. L. 94–169, § 106(3), (4), substituted “spouse” for “wife” in subcls. (A), (B) and (C)
Substituted · 38 U.S.C. § 1503(a)(7)
Pub. L. 94–169, § 106(3), (4), substituted “such veteran’s” for “his” in subcls. (A), (B) and (C)
Substituted · 38 U.S.C. § 1503(a)(7)
Pub. L. 94–169, § 106(3), (4), substituted “surviving spouse” for “widow” in subcls. (A), (B) and (C)
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 94–169, § 106(3), (4), substituted “spouse” for “wife”, “such veteran’s” for “his” and “surviving spouse” for “widow” in introductory clause and “such veteran’s” for “his” in subcls. (A), (B) and (C).Enacted provision · exact public law section
(3) by striking out in section 503(a)(7) “wife”, “his”, and “widow’ and inserting in lieu thereof “spouse”, “such veteran’s”, and “surviving spouse”, respectively;Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 106(5) · 89 Stat. 1013
Substituted · 38 U.S.C. § 1503(a)(9)
Pub. L. 94–169, § 106(5), substituted “such veteran’s” for “his” “wife”, respectively, in subcl. (B)
Substituted · 38 U.S.C. § 1503(a)(9)
Pub. L. 94–169, § 106(5), substituted “spouse” for “widow” “wife”, respectively, in subcl. (B)
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 94–169, § 106(5), substituted “such veteran’s” for “his” in subcl. (A) and “surviving spouse” and “spouse” for “widow” and “wife”, respectively, in subcl. (B).Enacted provision · exact public law section
(5) by striking out in subclauses (A) and (B) of section 503 (a)(9) “his”, “widow”, and “wife” each time they appear and inserting in lieu thereof “such veteran’s”, “surviving spouse”, and “spouse”, respectively;Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 106(6) · 89 Stat. 1013
Substituted · 38 U.S.C. § 1503(a)(14)
Pub. L. 94–169, § 106(6), substituted “such veteran’s surviving spouse” for “his widow”
Source evidence
Code amendment note
Subsec. (a)(14). Pub. L. 94–169, § 106(6), substituted “such veteran’s surviving spouse” for “his widow”.Enacted provision · exact public law section
(6) by striking out in section 503(a)(14) “his widow” and inserting in lieu thereof “such veteran’s surviving spouse”;Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 title I · 89 Stat. 1013
Inserted · 38 U.S.C. § 1503(a)(16)
Pub. L. 94–169, §§ 101(2)(A), 106(7), inserted “and” after “as amended;”
Substituted · 38 U.S.C. § 1503(a)(16)
Pub. L. 94–169, §§ 101(2)(A), 106(7), substituted “such employee’s” for “his”, respectively
Source evidence
Code amendment note
Subsec. (a)(16). Pub. L. 94–169, §§ 101(2)(A), 106(7), inserted “and” after “as amended;”, and substituted “such employee’s” for “his”, respectively.Enacted provision · exact public law
TITLE I— INTERIM ADJUSTMENTS IN CURRENT STATUTORY PENSION PROVISIONS Sec. 101. Effective January 1, 1976, title 38, United States Code, Effective date. is amended as follows: (1) chapter 1 of title 38, United States Code, is amended— 38 USC 101 et seq. (A) by striking out in paragraph (3) of section 101 “widow”, “woman”, “wife”, “his”, “him”, “man”, and “herself” each time they appear and inserting in lieu thereof “surviving spouse”, “person of the opposite sex”, “spouse”, “the veteran’s”, “the veteran”, “person”, and “himself or herself ”, respectively; (B) by striking out in the second sentence of paragraph (4) of section 101 “his support” and “his spouse” and inserting in lieu thereof “the person’s support” and “the veteran’s spouse”, respectively; (C) by striking out in paragraph (5) of section 101 “his” and inserting in lieu thereof “the veteran’s”; (D) by striking out in paragraph (13) of section 101 “widow” and inserting in lieu thereof “surviving spouse”; (E) by striking out in paragraph (14) of section 101 “widow” each time it appears and inserting in lieu thereof “surviving spouse”; (F) by striking out in paragraph (15) of section 101 “widow” and inserting in lieu thereof “surviving spouse”; and (G) by adding at the end of section 101 the following new paragraph: “(31) The term ‘spouse’ means a person of the opposite sex who is “Spouse.” “Surviving spouse.” 38 USC 501 et seq. a wife or huband and the term ‘surviving spouse’ means a person of the opposite sex who is a widow or widower.”; and (2) chapter 15 of title 38, United States Code, is amended— (A) by inserting in subsection (a) of section 503 “and” after the semicolon at the end of clause (16) of such subsection; (8) by striking out in subsection (a) of section 541 “widow” and inserting in lieu thereof “surviving spouse” and by striking out “his” preceding the word “death”; (C) by striking out in subsection (e) of section 541 the language preceding clause (1) of such subsection and inserting in lieu thereof “No pension shall be paid to a surviving spouse of a veteran under this section unless the spouse was married to the veteran—” and by amending subclause (D) of clause (1) of such subsection, to read as follows: “(D) May 8, 1985, in the case of a surviving spouse of a Vietnam era veteran; or”; (D) by striking out in section 542 “widow” and inserting in lieu thereof “surviving spouse” and by striking out “his” preceding the word “death”; (E) by striking out in section 543 “widow” and inserting in lieu thereof “surviving spouse”; (F) by repealing sections 510 and 531; (G) by striking out in the heading of subchapter III “Widows” and inserting in lieu thereof “Surviving Spouses”; (H) by striking out in the catchline of section 541 “Widows” and inserting in lieu thereof “Surviving Spouses”; (I) by striking out in the subheading of subchapter III immediately following section 543 “widows” and inserting in lieu thereof “surviving spouses”; and (J) by amending the table of sections at the beginning of such chapter 15— (i) by striking out “510. Confederate forces veterans.”; (ii) by striking out “subchapter iii— pensions to widows and children” and inserting in lieu thereof “subchapter iii— pensions to surviving spouses and children” (iii) by striking out “531. Widows of Mexican War veterans.”; (iv) by striking out “541. Widows of Mexican border period, World War I, and World War II, Korean conflict, or Vietnam era veterans.” and inserting in lieu thereof “541. Surviving spouses of Mexican border period, World War I, World War II, Korean conflict, or Vietnam era veterans.”; and (v) by striking out “Widows of Veterans of All Periods of War” and inserting in lieu thereof “Surviving Spouses of Veterans of All Periods of War”. Sec. 102. Effective for the period beginning January 1, 1976, and ending September 30, 1976, section 521 of title 38, United States Code, is amended— (1) by amending subsections (b) and (c) to read as follows: “(b) (1) If the veteran is unmarried (or married but not living with and not reasonably contributing to the support of such veteran’s spouse) and has no child, pension shall be paid to the veteran according to the following formula: “The monthly rate of pension shall be $173 reduced by— For each $1 of annual income Which is more than— But not more than— $0. 00 0 $300 . 03 $300 500 . 04 500 700 . 05 700 1, 200 . 06 1, 200 1, 700 . 07 1, 700 2, 000 . 08 2, 000 3, 300 “(2) In no case may the amount of pension payable to any veteran under this subsection be less than $5 monthly. “(3) In no case may pension be paid under this subsection to any veteran if the annual income of such veteran exceeds $3,300. “(c) (1) If the veteran is married and living with or reasonably Married veterans. contributing to the support of such veteran’s spouse, or has a child or children, pension shall be paid to the veteran according to the following formula: “The monthly rate of pension for a veteran shall be— 3186 if such veteran has one such dependent; 3191 if such veteran has two such dependents; and 3196 if such veteran has three or more such dependents; reduced by— For each $1 of annual income Which is more than— But not more than— $0. 00 0 $500 . 02 $500 700 . 03 700 1, 300 . 04 1, 300 2, 800 . 05 2, 800 3, 200 . 06 3, 200 3, 800 . 08 3, 800 4, 500 “(2) In no case may the amount of pension payable to any veteran under this subsection be less than $5 monthly. “(3) In no case may pension be paid under this subsection to any veteran if the annual income of such veteran exceeds $4,500.”; (2) by striking out in subsection (d) “him” and “$123” and inserting in lieu thereof “such veteran” and “$133”, respectively; and (3) by striking out in subsection (e) “his”, “him”, and “$49” and inserting in lieu thereof “such veteran’s”, “such veteran”, and “$53”, respectively. Sec. 103. Effective for the period beginning January 1, 1976, and ending September 30, 1976, section 541 of title 38, United States Code, is amended— (1) by amending subsections (b) and (c) to read as follows: “(b) (1) If there is no child, pension shall be paid to the surviving spouse according to the following formula: “The monthly rate of pension shall be $117 reduced by— For each $1 of annual income Which is more than— But not more than— $0. 00 0 $300 . 01 $300 600 . 03 600 900 . 04 900 1, 500 . 05 1, 500 2, 700 . 06 2, 700 3, 300 “(2) In no case may the amount of pension payable to any surviving spouse, under this subsection be less than $5 monthly. “(3) In no case may pension be paid under this subsection to any surviving spouse if the annual income of such surviving spouse exceeds $3,300. “(c) (1) If there is a surviving spouse and one child, pension shall be paid to the surviving spouse according to the following formula: “The monthly rate of pension shall be $139 reduced by— For each $1 of annual income Which is more than— But not more than— $0. 00 0 $700 . 01 $700 1, 100 . 02 1, 100 1, 800 . 03 1, 800 2, 700 . 04 2, 700 3, 500 . 05 3, 500 4, 500 “(2) In no case may pension be paid under this subsection to any surviving spouse if the annual income of such surviving spouse exceeds $4,500. “(3) Whenever the monthly rate payable to any surviving spouse under paragraph (1) of this subsection is less than the amount which 38 USC 542. would be payable for one child under section 542 of this title if the surviving spouse were not entitled, the surviving spouse shall be paid at the child’s rate.”; and (2) by striking out in subsection (d) “widow” and “$20” and inserting in lieu thereof “surviving spouse” and “$22”, respectively. Sec. 104. Effective for the period beginning January 1, 1976, and ending September 30, 1976, section 542 of title 38, United States Code, is amended— (1) by striking out in subsection (a) “$49” and “$20” and inserting in lieu thereof “$53” and “$22”, respectively; and (2) by striking out in subsection (c) “$2,400” and inserting in lieu thereof “$2,700”. Sec. 105. Effective for the period beginning January 1, 1976, and Effective date. ending September 30, 1976, section 544 of title 38, United States Code, is amended to read as follows: “§ 544. Aid and attendance allowance “If any surviving spouse is entitled to pension under this subchapter and is in need of regular aid and attendance, the monthly rate of pension payable to the surviving spouse shall be increased by $69.”. Sec. 106. Effective January 1, 1976, chapter 15 of title 38, United Effective date. 38 USC 501 et seq. States Code, is amended— (1) by striking out in section 501(2) “him” and inserting in lieu thereof “such veteran”; (2) by striking out in subsections (a), (b), and (c) of section 502 “he” and “his” each time they appear and inserting in lieu thereof “such person” and “such veteran’s”, respectively; (3) by striking out in section 503(a)(7) “wife”, “his”, and “widow’ and inserting in lieu thereof “spouse”, “such veteran’s”, and “surviving spouse”, respectively; (4) by striking out in subclauses (A), (B), and (C) of section 503(a)(7) “his” each time it appears and inserting in lieu thereof “such veteran’s”; (5) by striking out in subclauses (A) and (B) of section 503 (a)(9) “his”, “widow”, and “wife” each time they appear and inserting in lieu thereof “such veteran’s”, “surviving spouse”, and “spouse”, respectively; (6) by striking out in section 503(a)(14) “his widow” and inserting in lieu thereof “such veteran’s surviving spouse”; (7) by striking out in section 503(a)(16) “his” and inserting in lieu thereof “such employee’s”; (8) by striking out in section 503(c) “widow” and inserting in lieu thereof “surviving spouse”; (9) by striking out in section 505(a) “his” each time it appears and inserting in lieu thereof “such individual’s”; (10) by striking out in section 505(b) “his wife” and inserting in lieu thereof “such veteran’s spouse”; (11) by striking out in section 505(c), including clauses (1) and (2), “widow” each time it appears and inserting in lieu thereof “surviving spouse”; (12) by striking out in section 506(a)(1) “he” and inserting in lieu thereof “the Administrator”; (13) by striking out in section 506(a)(2) “him”, “he”, and “his” each time they appear and inserting in lieu thereof “the Administrator”, “such person”, and “such person’s”, respectively; (14) by striking out in section 506(a)(3) “his” each time it appears and inserting in lieu thereof “such person’s”; (15) by striking out in section 507 “, in his discretion,”; by striking out in such section “his wife” and inserting in lieu thereof “such veteran’s spouse”; and by striking out in such section “wife” the second time it appears and inserting in lieu thereof “spouse”; (16) by striking out in subsections (b) and (c) of section 511 “he” each time it appears and inserting in lieu thereof “such veteran”; (17) by striking out in subsections (a) and (b) of section 512 “he” each time it appears and inserting in lieu thereof “such veteran”; (18) by striking out in section 521(g) “he” and inserting in lieu thereof “such veteran”; (19) by striking out in section 523(b) “him” and inserting in lieu thereof “such veteran”; (20) by striking out in section 532(a) “widow”, “she”, “wife”, and “his” each time they appear and inserting in lieu thereof “surviving spouse”, “such surviving spouse”, “spouse”, and “such veteran’s”, respectively; (21) by striking out in subsections (b) and (c) of section 532 “widow” and “he” each time they appear and inserting in lieu thereof “surviving spouse” and “such veteran”, respectively; (22) by striking out in section 532(d) “widow”, “she”, and “him” and inserting in lieu thereof “surviving spouse”, “such surviving spouse”, and “such veteran”, respectively; (23) by striking out in the catchline of section 532 “Widows” and inserting in lieu thereof “Surviving spouses”; (24) by striking out in the table of sections at the beginning of such chapter 15 “532. Widows of Civil War veterans.” and inserting in lieu thereof ”532. Surviving spouses of Civil War veterans.”; (25) by striking out in section 533 “widow” and inserting in lieu thereof “surviving spouse”; (26) by striking out in section 534(a) “widow”, “she”, “wife”, and “his” each time they appear and inserting in lieu thereof “surviving spouse”, “such surviving spouse”, “spouse”, and “such veteran’s, respectively”; (27) by striking out in section 534(b) “widow” and inserting in lieu thereof “surviving spouse”; (28) by striking out in section 534(c) “widow”, “she”, and “him” and inserting in lieu thereof “surviving spouse”, “such surviving spouse”, and “such veteran”, respectively; (29) by striking out in the catchline of section 534 “Widows” and inserting in lieu thereof “Surviving spouses”; (30) by striking out in the table of sections at the beginning of such chapter 15 ”534. Widows of Indian War veterans.” and inserting in lieu thereof “534. Surviving spouses of Indian War veterans.”; (31) by striking out in section 535 “widow” and inserting in lieu thereof “surviving spouse”; (32) by striking out m section 536(a) “widow”, “she”, “wife”, and “his” and inserting in lieu thereof “surviving spouse”, “such surviving spouse”, “spouse”, and “such veteran’s”, respectively; (33) by striking out in subsections (b) and (c) of section 536 “widow”, “she”, and “him” each time they appear and inserting in lieu thereof “surviving spouse”, “such surviving spouse”, and “such veteran”, respectively; (34) by striking out in section 536(d)(1) “widow”, “she”, and “widows” and inserting in lieu thereof “surviving spouse”, “such surviving spouse”, and “surviving spouses”, respectively; (35) by striking out in section 536(d)(2) “widow” and inserting 38 USC 536. in lieu thereof “surviving spouse”; (36) by striking out in clauses (A) and (B) of section 536(d)(2) “her” and “widow” each time they appear and inserting in lieu thereof “such surviving spouse” and “surviving spouse”, respectively; (37) by striking out in the catchline of section 536 “Widows” and inserting in lieu thereof “Surviving spouses”; (38) by striking out in the table of sections at the beginning of such chapter 15 “536. Widows of Spanish-American War veterans.” and inserting in lieu thereof “536. Surviving spouses of Spanish-American War veterans.”; (39) by striking out in section 537 “widow” and inserting in lieu thereof “surviving spouse”; (40) by striking out in subclauses (A), (B), and (C) of section 541(e)(1) “widow” each time it appears and inserting in lieu thereof “surviving spouse”; (41) by striking out in section 560(b) “himself” and “his” and inserting in lieu thereof “such person” and “such person’s”, respectively: (42) by striking out in subsections (a) and (b) of section 561 “his”, “him”, anti “he” each time they appear and inserting in lieu thereof “such person’s”, “such person. and “such person”, respectively; (43) by striking out in section 561(c) “by him”; (44) by striking out in section 562(a) “him” and inserting in lieu thereof “the Administrator”; and (45) by striking out in subsections (b) and (d) of section 562 “he” each time it appears and inserting in lieu thereof “such person”. Sec. 107. Effective for the period beginning January 1, 1976, and Effective date. ending September 30, 1976, section 4 of Public Law 90–275 (82 Stat. 68) is amended to read as follows: 38 USC 521 note. “Sec. 4. The annual income limitations governing payment of pension under the first sentence of section 9(b) of the Veterans’ Pension Act of 1959 hereafter shall be $2,900 and $4,200, instead of $2,600 and 38 USC 521 note. $3,900, respectively.”.Veterans and Survivors Pension Interim Adjustment Act of 1975
Pub. L. 94–169 § 106(8) · 89 Stat. 1013
Substituted · 38 U.S.C. § 1503(c)
Pub. L. 94–169, § 106(8), substituted “surviving spouse” for “widow”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–169, § 106(8), substituted “surviving spouse” for “widow”.Enacted provision · exact public law section
(8) by striking out in section 503(c) “widow” and inserting in lieu thereof “surviving spouse”;Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(1) · 92 Stat. 2497
Redesignated · 38 U.S.C. § 1503(a)(1)
Pub. L. 95–588, § 102(a)(1), (2), redesignated par. (2) as (1)
Struck · 38 U.S.C. § 1503(a)(1)
Pub. L. 95–588, § 102(a)(1), (2), struck out former par. (1) which related to payments of six-months death gratuity
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 95–588, § 102(a)(1), (2), redesignated par. (2) as (1) and struck out former par. (1) which related to payments of six-months death gratuity.Enacted provision · exact public law section
(1) striking out clause (1);Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(3) · 92 Stat. 2497
Redesignated · 38 U.S.C. § 1503(a)(2)
Pub. L. 95–588, § 102(a)(3), redesignated par. (3) as (2) and, as so redesignated
Redesignated · 38 U.S.C. § 1503(a)(2)
Pub. L. 95–588, § 102(a)(3), struck out “, and chapters 11 and 13 (except section 412(a)) of this title” after “chapter”. Former par. (2) redesignated (1)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 95–588, § 102(a)(3), redesignated par. (3) as (2) and, as so redesignated, struck out “, and chapters 11 and 13 (except section 412(a)) of this title” after “chapter”. Former par. (2) redesignated (1).Enacted provision · exact public law section
(3) redesignating clause (3) as clause (2) and striking out the comma and “and chapters 11 and 13 (except section 412(a)) of this title” in such clause;Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(5) · 92 Stat. 2497
Redesignated · 38 U.S.C. § 1503(a)(3)
Pub. L. 95–588, § 102(a)(5), redesignated par. (7) as (3). Former par. (3) redesignated (2)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 95–588, § 102(a)(5), redesignated par. (7) as (3). Former par. (3) redesignated (2).Enacted provision · exact public law section
(5) redesignating clause (7) as clause (3);Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(4) · 92 Stat. 2497
Added · 38 U.S.C. § 1503(a)(4)
Pub. L. 95–588, § 102(a)(4), (6), added par. (4)
Struck · 38 U.S.C. § 1503(a)(4)
Pub. L. 95–588, § 102(a)(4), (6), struck out former par. (4) which related to payments under servicemen’s life insurance or servicemen’s indemnity
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 95–588, § 102(a)(4), (6), added par. (4) and struck out former par. (4) which related to payments under servicemen’s life insurance or servicemen’s indemnity.Enacted provision · exact public law section
(4) striking out clauses (4), (5), and (6);Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(4) · 92 Stat. 2497
Redesignated · 38 U.S.C. § 1503(a)(5)
Pub. L. 95–588, § 102(a)(4), (7), redesignated par. (8) as (5)
Struck · 38 U.S.C. § 1503(a)(5)
Pub. L. 95–588, § 102(a)(4), (7), struck out former par. (5) which related to lump sum death payments
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 95–588, § 102(a)(4), (7), redesignated par. (8) as (5) and struck out former par. (5) which related to lump sum death payments.Enacted provision · exact public law section
(4) striking out clauses (4), (5), and (6);Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(4) · 92 Stat. 2497
Redesignated · 38 U.S.C. § 1503(a)(6)
Pub. L. 95–588, § 102(a)(4), (9), redesignated par. (10) as (6)
Struck · 38 U.S.C. § 1503(a)(6)
Pub. L. 95–588, § 102(a)(4), (9), struck out former par. (6) which related to the ten per cent exclusion for individuals under public or private retirement, annuity, endowment, or similar programs
Source evidence
Code amendment note
Subsec. (a)(6). Pub. L. 95–588, § 102(a)(4), (9), redesignated par. (10) as (6) and struck out former par. (6) which related to the ten per cent exclusion for individuals under public or private retirement, annuity, endowment, or similar programs.Enacted provision · exact public law section
(4) striking out clauses (4), (5), and (6);Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(11) · 92 Stat. 2497
Redesignated · 38 U.S.C. § 1503(a)(7)
Pub. L. 95–588, § 102(a)(11), redesignated par. (15) as (7). Former par. (7) redesignated (3)
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 95–588, § 102(a)(11), redesignated par. (15) as (7). Former par. (7) redesignated (3).Enacted provision · exact public law section
(11) redesignating clause (15) as clause (7);Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(13) · 92 Stat. 2497
Redesignated · 38 U.S.C. § 1503(a)(8)
Pub. L. 95–588, § 102(a)(13), added par. (8). Former par. (8) redesignated (5)
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 95–588, § 102(a)(13), added par. (8). Former par. (8) redesignated (5).Enacted provision · exact public law section
(13) adding at the end of such subsection the following new clauses: “(8) amounts equal to amounts paid by a veteran, veterans’ spouse, or surviving spouse or by or on behalf of a veteran’s child for unreimbursed medical expenses, to the extent that such amounts exceed 5 per centum of the maximum annual rate of pension (including any amount of increased pension payable on account of family members but not including any amount of pension payable because a person is in need of regular aid and attendance or because a person is permanently housebound) payable to such veteran, surviving spouse, or child; “(9) in the case of a veteran or surviving spouse pursuing a course of education or vocational rehabilitation or training, amounts equal to amounts paid by such veteran or surviving spouse for such course of education or vocational rehabilitation or training, including (A) amounts paid for tuition, fees, books, and materials, and (B) in the case of such a veteran or surviving spouse in need of regular aid and attendance, unreimbursed amounts paid for unusual transportation expenses in connection with the pursuit of such course of education or vocational rehabilitation or training, to the extent that such amounts exceed the reasonable expenses which would have been incurred by a nondisabled person using an appropriate means of transportation (public transportation, if reasonably available); and “(10) in the case of a child, any current-work income received during the year, to the extent that the total amount of such income does not exceed an amount equal to the sum of— “(A) the lowest amount of gross income for which an income tax return is required under section 6012(a) of the Internal Revenue Code of 1954, to be filed by an individual 26 USC 6012. 26 USC 143. 26 USC 2. who is not married (as determined under section 143 of such Code), is not a surviving spouse (as defined in section 2(a) of such Code), and is not a head of household (as defined in section 2(b) of such Code); and “(B) if the child is pursuing a course of postsecondary education or vocational rehabilitation or training, the amount paid by such child for such course of education or vocational rehabilitation or training, including the amount paid for tuition, fees, books, and materials.”.Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(8) · 92 Stat. 2497
Added · 38 U.S.C. § 1503(a)(9)
Pub. L. 95–588, § 102(a)(8), (13), added par. (9)
Struck · 38 U.S.C. § 1503(a)(9)
Pub. L. 95–588, § 102(a)(8), (13), struck out former par. (9) which related to payments for final illness and burial
Source evidence
Code amendment note
Subsec. (a)(9). Pub. L. 95–588, § 102(a)(8), (13), added par. (9) and struck out former par. (9) which related to payments for final illness and burial.Enacted provision · exact public law section
(8) striking out clause (9);Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(13) · 92 Stat. 2497
Redesignated · 38 U.S.C. § 1503(a)(10)
Pub. L. 95–588, § 102(a)(13), added par. (10). Former subsec. (10) redesignated (6)
Source evidence
Code amendment note
Subsec. (a)(10). Pub. L. 95–588, § 102(a)(13), added par. (10). Former subsec. (10) redesignated (6).Enacted provision · exact public law section
(13) adding at the end of such subsection the following new clauses: “(8) amounts equal to amounts paid by a veteran, veterans’ spouse, or surviving spouse or by or on behalf of a veteran’s child for unreimbursed medical expenses, to the extent that such amounts exceed 5 per centum of the maximum annual rate of pension (including any amount of increased pension payable on account of family members but not including any amount of pension payable because a person is in need of regular aid and attendance or because a person is permanently housebound) payable to such veteran, surviving spouse, or child; “(9) in the case of a veteran or surviving spouse pursuing a course of education or vocational rehabilitation or training, amounts equal to amounts paid by such veteran or surviving spouse for such course of education or vocational rehabilitation or training, including (A) amounts paid for tuition, fees, books, and materials, and (B) in the case of such a veteran or surviving spouse in need of regular aid and attendance, unreimbursed amounts paid for unusual transportation expenses in connection with the pursuit of such course of education or vocational rehabilitation or training, to the extent that such amounts exceed the reasonable expenses which would have been incurred by a nondisabled person using an appropriate means of transportation (public transportation, if reasonably available); and “(10) in the case of a child, any current-work income received during the year, to the extent that the total amount of such income does not exceed an amount equal to the sum of— “(A) the lowest amount of gross income for which an income tax return is required under section 6012(a) of the Internal Revenue Code of 1954, to be filed by an individual 26 USC 6012. 26 USC 143. 26 USC 2. who is not married (as determined under section 143 of such Code), is not a surviving spouse (as defined in section 2(a) of such Code), and is not a head of household (as defined in section 2(b) of such Code); and “(B) if the child is pursuing a course of postsecondary education or vocational rehabilitation or training, the amount paid by such child for such course of education or vocational rehabilitation or training, including the amount paid for tuition, fees, books, and materials.”.Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(10) · 92 Stat. 2497
Struck · 38 U.S.C. § 1503(a)(11)(14)
Pub. L. 95–588, § 102(a)(10), struck out pars. (11) to (14) which related to payments for discharge of jury duty, educational assistance allowances, bonuses based on service in the Armed Forces, and indebtednesses secured by mortgages, respectively
Source evidence
Code amendment note
Subsec. (a)(11) to (14). Pub. L. 95–588, § 102(a)(10), struck out pars. (11) to (14) which related to payments for discharge of jury duty, educational assistance allowances, bonuses based on service in the Armed Forces, and indebtednesses secured by mortgages, respectively.Enacted provision · exact public law section
(10) striking out clauses (11), (12), (13), and (14);Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(11) · 92 Stat. 2497
Redesignated · 38 U.S.C. § 1503(a)(15)
Pub. L. 95–588, § 102(a)(11), redesignated par. (15) as (7)
Source evidence
Code amendment note
Subsec. (a)(15). Pub. L. 95–588, § 102(a)(11), redesignated par. (15) as (7).Enacted provision · exact public law section
(11) redesignating clause (15) as clause (7);Veterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(a)(12) · 92 Stat. 2497
Struck · 38 U.S.C. § 1503(a)(16); 38 U.S.C. § 1503(a)(17)
Pub. L. 95–588, § 102(a)(12), struck out pars. (16) and (17) which related to payments received by retired persons and payments of annuities, respectively
Source evidence
Code amendment note
Subsec. (a)(16), (17). Pub. L. 95–588, § 102(a)(12), struck out pars. (16) and (17) which related to payments received by retired persons and payments of annuities, respectively.Enacted provision · exact public law section
(12) striking out clauses (16) and (17); andVeterans’ and Survivors’ Pension Improvement Act of 1978
Pub. L. 95–588 § 102(b) · 92 Stat. 2497
Struck · 38 U.S.C. § 1503(c)
Pub. L. 95–588, § 102(b), struck out former subsec. (c) which related to the power of the Administrator to exclude from income amounts paid by a veteran, surviving spouse, or child for unusual medical expenses
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–588, § 102(b), struck out former subsec. (c) which related to the power of the Administrator to exclude from income amounts paid by a veteran, surviving spouse, or child for unusual medical expenses.Enacted provision · exact public law section
(b) Subsection (c) of such section is repealed. Repeal.Pub. L. 97–295 § 4(13) · 96 Stat. 1287
Inserted · 38 U.S.C. § 1503(a)(10)(A)
Pub. L. 97–295 inserted “(26 U.S.C. 6012(a))” after “Code of 1954”
Source evidence
Code amendment note
Subsec. (a)(10)(A). Pub. L. 97–295 inserted “(26 U.S.C. 6012(a))” after “Code of 1954”.Enacted provision · exact public law section
(13) Section 503(a)(10)(A) is amended by inserting “(26 U.S.C. 38 USC 503. 6012(a))” after “the Internal Revenue Code of 1954”.Veterans’ Benefits Improvement Act of 1988
Pub. L. 100–687 div. B title XIV § 1402(b) · 102 Stat. 4105
Amended · 38 U.S.C. § 1503(a)(5)
Pub. L. 100–687 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “proceeds of fire insurance policies;”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 100–687 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “proceeds of fire insurance policies;”.Enacted provision · exact public law section
(b) Pension.— Clause (5) of section 503(a) is amended to read as follows: “(5) Regulations. reimbursements of any kind for any casualty loss (as defined in regulations which the Administrator shall prescribe), but the amount excluded under this clause may not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the loss;”.Pub. L. 102–54 § 14(b)(5)(A) · 105 Stat. 267
Substituted · 38 U.S.C. § 1503(a)(8)
Pub. L. 102–54, § 14(b)(5)(A), substituted “percent” for “per centum”
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 102–54, § 14(b)(5)(A), substituted “percent” for “per centum”.Enacted provision · exact public law section
(A) in paragraph (8), by striking out “per centum” and inserting in lieu thereof “percent”; andPub. L. 102–54 § 14(b)(5)(B) · 105 Stat. 267
Substituted · 38 U.S.C. § 1503(a)(10)(A)
Pub. L. 102–54, § 14(b)(5)(B), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954 (26 U.S.C. 6012(a))”
Substituted · 38 U.S.C. § 1503(a)(10)(A)
Pub. L. 102–54, § 14(b)(5)(B), substituted “section 7703” for “section 143”
Source evidence
Code amendment note
Subsec. (a)(10)(A). Pub. L. 102–54, § 14(b)(5)(B), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954 (26 U.S.C. 6012(a))” and “section 7703” for “section 143”.Enacted provision · exact public law section
(B) in paragraph (10)(A)— (i) by striking out “Internal Revenue Code of 1954 (26 U.S.C. 6012(a))” and inserting in lieu thereof “Internal Revenue Code of 1986”; and (ii) by striking out “section 143” and inserting in lieu thereof “section 7703”.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 1503
Pub. L. 102–83, § 5(a), renumbered section 503 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 503 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.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 1503(a)(5)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (a)(5). 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.Veterans Benefits Improvement Act of 2004
Pub. L. 108–454 title III § 303 · 118 Stat. 3598
Added · 38 U.S.C. § 1503(a)(11)
Pub. L. 108–454 added par. (11)
Source evidence
Code amendment note
Subsec. (a)(11). Pub. L. 108–454 added par. (11).Enacted provision · exact public law section
SEC. 303. EXCLUSION OF LIFE INSURANCE PROCEEDS FROM CONSIDERATION AS INCOME FOR VETERANS’ PENSION PURPOSES. Section 1503(a) is amended— (1) by striking “and” at the end of paragraph (9); (2) by striking the period at the end of the paragraph (10) and inserting “; and”; and (3) by adding at the end the following new paragraph: “(11) lump-sum proceeds of any life insurance policy on a veteran, for purposes of pension under subchapter III of this chapter.” .Veterans’ Benefits Act of 2010
Pub. L. 111–275 title VI § 604(a) · 124 Stat. 2864
Added · 38 U.S.C. § 1503(a)(11); 38 U.S.C. § 1503(a)(12)
Pub. L. 111–275 added par. (11)
Redesignated · 38 U.S.C. § 1503(a)(11); 38 U.S.C. § 1503(a)(12)
Pub. L. 111–275 redesignated former par. (11) as (12)
Source evidence
Code amendment note
Subsec. (a)(11), (12). Pub. L. 111–275 added par. (11) and redesignated former par. (11) as (12).Enacted provision · exact public law section
(a) Exclusion.— Section 1503(a) is amended— (1) by striking “and” at the end of paragraph (10); (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following new paragraph (11): “(11) payment of a monetary amount of up to $5,000 to a veteran from a State or municipality that is paid as a veterans’ benefit due to injury or disease; and” .Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012
Pub. L. 112–154 title V § 509(a) · 126 Stat. 1165
Amended · 38 U.S.C. § 1503(a)(5)
Pub. L. 112–154 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “reimbursements of any kind for any casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this clause may not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the loss;”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 112–154 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “reimbursements of any kind for any casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this clause may not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the loss;”.Enacted provision · exact public law section
(a) In General.— Paragraph (5) of section 1503(a) of title 38, United States Code, is amended to read as follows: “(5) payments regarding reimbursements of any kind (including insurance settlement payments) for expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from— “(A) any accident (as defined by the Secretary), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident; “(B) any theft or loss (as defined by the Secretary), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money (including legal tender of the United States or of a foreign country) involved at the time immediately preceding the theft or loss; or “(C) any casualty loss (as defined by the Secretary), but the amount excluded under this subclause shall not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the casualty loss;” .Effective date note
Pub. L. 112–154, title V, § 509(b), Aug. 6, 2012, 126 Stat. 1195, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [Aug. 6, 2012].”Department of Veterans Affairs Expiring Authorities Act of 2015
Pub. L. 114–58 title VI § 601(3) · 129 Stat. 530
Substituted · 38 U.S.C. § 1503(a)(5)
Pub. L. 114–58 substituted “subparagraph” for “subclause” in subpars. (A) to (C)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 114–58 substituted “subparagraph” for “subclause” in subpars. (A) to (C).Enacted provision · exact public law section
(3) in section 1503(a)(5), by striking “subclause” and inserting “subparagraph” each place it appears;
48 of 55 references resolved to an enrolled provision · 7 partial
Editorial Notes
References in Text
Sections 2, 6012(a), and 7703 of the Internal Revenue Code of 1986, referred to in subsec. (a)(10)(A), are classified to sections 2, 6012(a), and 7703 of Title 26, Internal Revenue Code, respectively.
Prior Provisions
Prior section 1503 was renumbered section 3103 of this title.
Another prior section 1503, added Pub. L. 89–138, § 1, , 79 Stat. 577; amended Pub. L. 91–24, § 8, , 83 Stat. 34; Pub. L. 94–502, title I, §§ 102, 104(2), (3), , 90 Stat. 2384, related to periods of eligibility for vocational rehabilitation under chapter 31 of this title, prior to the general revision of chapter 31 of this title by Pub. L. 96–466. Section 802(a)(3) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title, provided that this prior section 1503 continue in effect until .
Another prior section 1503, Pub. L. 85–857, , 72 Stat. 1171, was renumbered 1511 by Pub. L. 89–138, § 2(4), , 79 Stat. 578.
Amendments1959–2015 · 16 rounds
2015
Subsec. (a)(5). Pub. L. 114–58 substituted “subparagraph” for “subclause” in subpars. (A) to (C).
2012
Subsec. (a)(5). Pub. L. 112–154 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “reimbursements of any kind for any casualty loss (as defined in regulations which the Secretary shall prescribe), but the amount excluded under this clause may not exceed the greater of the fair market value or reasonable replacement value of the property involved at the time immediately preceding the loss;”.
2010
Subsec. (a)(11), (12). Pub. L. 111–275 added par. (11) and redesignated former par. (11) as (12).
2004
Subsec. (a)(11). Pub. L. 108–454 added par. (11).
1991
Pub. L. 102–83, § 5(a), renumbered section 503 of this title as this section.
Subsec. (a)(5). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Subsec. (a)(8). Pub. L. 102–54, § 14(b)(5)(A), substituted “percent” for “per centum”.
Subsec. (a)(10)(A). Pub. L. 102–54, § 14(b)(5)(B), substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954 (26 U.S.C. 6012(a))” and “section 7703” for “section 143”.
1988
Subsec. (a)(5). Pub. L. 100–687 amended par. (5) generally. Prior to amendment, par. (5) read as follows: “proceeds of fire insurance policies;”.
1982
Subsec. (a)(10)(A). Pub. L. 97–295 inserted “(26 U.S.C. 6012(a))” after “Code of 1954”.
1978
Subsec. (a)(1). Pub. L. 95–588, § 102(a)(1), (2), redesignated par. (2) as (1) and struck out former par. (1) which related to payments of six-months death gratuity.
Subsec. (a)(2). Pub. L. 95–588, § 102(a)(3), redesignated par. (3) as (2) and, as so redesignated, struck out “, and chapters 11 and 13 (except section 412(a)) of this title” after “chapter”. Former par. (2) redesignated (1).
Subsec. (a)(3). Pub. L. 95–588, § 102(a)(5), redesignated par. (7) as (3). Former par. (3) redesignated (2).
Subsec. (a)(4). Pub. L. 95–588, § 102(a)(4), (6), added par. (4) and struck out former par. (4) which related to payments under servicemen’s life insurance or servicemen’s indemnity.
Subsec. (a)(5). Pub. L. 95–588, § 102(a)(4), (7), redesignated par. (8) as (5) and struck out former par. (5) which related to lump sum death payments.
Subsec. (a)(6). Pub. L. 95–588, § 102(a)(4), (9), redesignated par. (10) as (6) and struck out former par. (6) which related to the ten per cent exclusion for individuals under public or private retirement, annuity, endowment, or similar programs.
Subsec. (a)(7). Pub. L. 95–588, § 102(a)(11), redesignated par. (15) as (7). Former par. (7) redesignated (3).
Subsec. (a)(8). Pub. L. 95–588, § 102(a)(13), added par. (8). Former par. (8) redesignated (5).
Subsec. (a)(9). Pub. L. 95–588, § 102(a)(8), (13), added par. (9) and struck out former par. (9) which related to payments for final illness and burial.
Subsec. (a)(10). Pub. L. 95–588, § 102(a)(13), added par. (10). Former subsec. (10) redesignated (6).
Subsec. (a)(11) to (14). Pub. L. 95–588, § 102(a)(10), struck out pars. (11) to (14) which related to payments for discharge of jury duty, educational assistance allowances, bonuses based on service in the Armed Forces, and indebtednesses secured by mortgages, respectively.
Subsec. (a)(15). Pub. L. 95–588, § 102(a)(11), redesignated par. (15) as (7).
Subsec. (a)(16), (17). Pub. L. 95–588, § 102(a)(12), struck out pars. (16) and (17) which related to payments received by retired persons and payments of annuities, respectively.
Subsec. (c). Pub. L. 95–588, § 102(b), struck out former subsec. (c) which related to the power of the Administrator to exclude from income amounts paid by a veteran, surviving spouse, or child for unusual medical expenses.
1975
Subsec. (a)(7). Pub. L. 94–169, § 106(3), (4), substituted “spouse” for “wife”, “such veteran’s” for “his” and “surviving spouse” for “widow” in introductory clause and “such veteran’s” for “his” in subcls. (A), (B) and (C).
Subsec. (a)(9). Pub. L. 94–169, § 106(5), substituted “such veteran’s” for “his” in subcl. (A) and “surviving spouse” and “spouse” for “widow” and “wife”, respectively, in subcl. (B).
Subsec. (a)(14). Pub. L. 94–169, § 106(6), substituted “such veteran’s surviving spouse” for “his widow”.
Subsec. (a)(16). Pub. L. 94–169, §§ 101(2)(A), 106(7), inserted “and” after “as amended;”, and substituted “such employee’s” for “his”, respectively.
Subsec. (c). Pub. L. 94–169, § 106(8), substituted “surviving spouse” for “widow”.
1972
Par. (17). Pub. L. 92–425 substituted “subchapter I of chapter 73 of title 10” for “chapter 73 of title 10”.
1971
Pub. L. 92–198 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
1970
Par. (4). Pub. L. 91–588, § 7(1), inserted reference to servicemen’s group life insurance.
Pars. (14) to (17). Pub. L. 91–588, § 7(3), added pars. (14) to (17).
1967
Par. (7). Pub. L. 90–77, § 103(a), provided for exclusion of amounts paid by a wife of a veteran for the expenses of his past illness.
Par. (9). Pub. L. 90–77, § 103(b), designated existing provisions as subpar. (A) and added subpar. (B).
1964
Par. (6). Pub. L. 88–664, § 1(a), inserted “10 per centum of the amount of” before “payments” and struck out “equal to his contributions thereto” after “programs”.
Pars. (9) to (13). Pub. L. 88–664, § 1(b), added pars. (9) to (13).
1961
Pub. L. 87–268 substituted “section 412(a)” for “section 412”.
1959
Pub. L. 86–211 among other changes, required the inclusion of all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived), and permitted the exclusion of donations from public or private relief or welfare organizations, payments under policies of United States Government life insurance or National Service Life Insurance, and payments of servicemen’s indemnity, lump sum death payments, payments to an individual under public or private retirement, annuity, endowment, or similar plans or programs equal to his contributions thereto, amounts equal to amounts paid by a widow or child for the veteran’s just debts, expenses of his last illness, and expenses of his burial to the extent such expenses are not reimbursed under chapter 23 of this title, and proceeds of life insurance policies.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Pub. L. 112–154, title V, § 509(b), , 126 Stat. 1195, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date that is 180 days after the date of the enactment of this Act [].”
Effective Date of 2010 Amendment
Pub. L. 111–275, title VI, § 604(b), , 124 Stat. 2885, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to determinations of income for calendar years beginning after .”
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–588 effective , see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title.
Effective Date of 1975 Amendment
Pub. L. 94–169, title I, §§ 101, 106, , 89 Stat. 1013, 1017, provided that the amendments made by those sections are effective .
Effective Date of 1971 Amendment
Amendment by Pub. L. 92–198 effective , see section 6 of Pub. L. 92–198, set out as a note under section 1521 of this title.
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 1967 Amendment
Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after , see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.
Effective Date of 1964 Amendment
Pub. L. 88–664, § 11, , 78 Stat. 1096, provided that:
“(a) Except as otherwise provided herein, this Act [amending this section and sections 502, 506, 521, 541, 542, 612, and 3104 [now 1502, 1506, 1521, 1541, 1542, 1712, and 5304] of this title and enacting provisions set out as a note under section 1521 of this title] shall take effect on .
“(b) The amendment to paragraph (6) of section 503 [now 1503], title 38, United States Code, shall not apply to any individual receiving pension on , under chapter 15 of said title, or subsequently determined entitled to such pension for said day, until his contributions have been recouped under the provision of that paragraph in effect on .”
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.
Effective Date of 1959 Amendment
Amendment by Pub. L. 86–211 effective , see section 10 of Pub. L. 86–211, set out as an Effective Date note under section 1506 of this title.
Clarification of Treatment of Payments for Purposes of Eligibility for Veterans Pension and Other Veterans Benefits
Pub. L. 116–136, div. B, title X, § 20010, , 134 Stat. 589, provided that: “Amounts paid to a person under the 2020 Recovery Rebate in the Coronavirus Aid, Relief, and Economic Security Act [Pub. L. 116–136, see Tables for classification] shall not be treated as income or resources for purposes of determining eligibility for pension under chapter 15 of title 38, United States Code, or any other benefit under a law administered by the Secretary of Veterans Affairs.”
Credits
1958–2015 · 18 acts
- 1958Pub. L. 85–857, , 72 Stat. 1134, § 503
- 1959Pub. L. 86–211, § 2(a), , 73 Stat. 432
- 1961Pub. L. 87–268, § 1(b), , 75 Stat. 566
- 1964Pub. L. 88–664, § 1, , 78 Stat. 1094
- 1967Pub. L. 90–77, title I, § 103, , 81 Stat. 178
- 1970Pub. L. 91–588, § 7, , 84 Stat. 1584
- 1971Pub. L. 92–198, § 2, , 85 Stat. 664
- 1972Pub. L. 92–425, § 6(2), , 86 Stat. 713
- 1975Pub. L. 94–169, title I, §§ 101(2)(A), 106(3)–(8), , 89 Stat. 1013, 1017
- 1978Pub. L. 95–588, title I, § 102, , 92 Stat. 2497
- 1982Pub. L. 97–295, § 4(13), , 96 Stat. 1305
- 1988Pub. L. 100–687, div. B, title XIV, § 1402(b), , 102 Stat. 4130
- 1991Pub. L. 102–54, § 14(b)(5), , 105 Stat. 283
- 1991renumbered § 1503 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406
- 2004Pub. L. 108–454, title III, § 303, , 118 Stat. 3611
- 2010Pub. L. 111–275, title VI, § 604(a), , 124 Stat. 2885
- 2012Pub. L. 112–154, title V, § 509(a), , 126 Stat. 1195
- 2015Pub. L. 114–58, title VI, § 601(3), , 129 Stat. 538.
Show as published
(Pub. L. 85–857, , 72 Stat. 1134, § 503; Pub. L. 86–211, § 2(a), , 73 Stat. 432; Pub. L. 87–268, § 1(b), , 75 Stat. 566; Pub. L. 88–664, § 1, , 78 Stat. 1094; Pub. L. 90–77, title I, § 103, , 81 Stat. 178; Pub. L. 91–588, § 7, , 84 Stat. 1584; Pub. L. 92–198, § 2, , 85 Stat. 664; Pub. L. 92–425, § 6(2), , 86 Stat. 713; Pub. L. 94–169, title I, §§ 101(2)(A), 106(3)–(8), , 89 Stat. 1013, 1017; Pub. L. 95–588, title I, § 102, , 92 Stat. 2497; Pub. L. 97–295, § 4(13), , 96 Stat. 1305; Pub. L. 100–687, div. B, title XIV, § 1402(b), , 102 Stat. 4130; Pub. L. 102–54, § 14(b)(5), , 105 Stat. 283; renumbered § 1503 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406; Pub. L. 108–454, title III, § 303, , 118 Stat. 3611; Pub. L. 111–275, title VI, § 604(a), , 124 Stat. 2885; Pub. L. 112–154, title V, § 509(a), , 126 Stat. 1195; Pub. L. 114–58, title VI, § 601(3), , 129 Stat. 538.)