§ 5111. Commencement of period of payment

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. 1982

   Pub. L. 97–253 title IV § 401(a)(1) · 96 Stat. 801

   Enacted · 38 U.S.C. § 5111

   Added Pub. L. 97–253, title IV, § 401(a)(1), Sept. 8, 1982, 96 Stat. 801, § 3011

   Unresolved: Pub. L. 97–253 was not found in the local Statutes at Large index.

   Source evidence

   Code source credit
   Added Pub. L. 97–253, title IV, § 401(a)(1), Sept. 8, 1982, 96 Stat. 801, § 3011

2. 1984

   Veterans’ Compensation and Program Improvements Amendments of 1984

   Pub. L. 98–223 title I § 113 · 98 Stat. 37

   1. Amended · 38 U.S.C. § 5111(c)

      Pub. L. 98–223 designated existing provisions as par. (1)

   2. Added · 38 U.S.C. § 5111(c)

      Pub. L. 98–223 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–223 designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   Sec. 113. increases in compensation on account of certain periods of hospitalization or convalescence Section 3011(c) is amended— (1) by inserting “(1)” after “(c)”; and (2) by adding at the end the following new paragraph: “(2) In the case of a temporary increase in compensation for hospitalization or treatment where such hospitalization or treatment commences and terminates within the same calendar month, the period of payment shall commence on the first day of such month.”.

3. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 5111

   Pub. L. 102–40, § 402(b)(1), renumbered section 3011 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(b)(1), renumbered section 3011 of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 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

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 5111(a)

   Pub. L. 102–40, § 402(d)(1), substituted “5110” for “3010” in two places

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted “5110” for “3010” in two places.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

5. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 5111(b)(1)

   Pub. L. 102–40, § 402(d)(1), substituted “5110” for “3010”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(d)(1), substituted “5110” for “3010”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

6. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 5111(b)(2)

   Pub. L. 102–40, § 402(d)(1), substituted “5305” for “3105”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 102–40, § 402(d)(1), substituted “5305” for “3105”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

7. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 5111(c)(1)

   Pub. L. 102–40, § 402(d)(1), substituted “5310” for “3110”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 102–40, § 402(d)(1), substituted “5310” for “3110”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

8. 1991

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

   Substituted · 38 U.S.C. § 5111(b)(1)

   Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

   Enacted provision · exact public law section
   (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

9. 2010

   Veterans’ Benefits Act of 2010

   Pub. L. 111–275 title VI § 605(a) · 124 Stat. 2864

   1. Amended · 38 U.S.C. § 5111(a)

      Pub. L. 111–275 designated existing provisions as par. (1)

   2. Substituted · 38 U.S.C. § 5111(a)

      Pub. L. 111–275 substituted “in paragraph (2) and subsection (c)” for “in subsection (c) of this section”

   3. Added · 38 U.S.C. § 5111(a)

      Pub. L. 111–275 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–275 designated existing provisions as par. (1), substituted “in paragraph (2) and subsection (c)” for “in subsection (c) of this section”, and added par. (2).

   Enacted provision · exact public law section
   (a) Commencement of Period of Payment.— Subsection (a) of section 5111 is amended— (1) by inserting “(1)” after “(a)”; (2) in paragraph (1), as so designated by paragraph (1) of this subsection, by striking “in subsection (c) of this section” and inserting “in paragraph (2) and subsection (c)”; and (3) by adding at the end the following new paragraph: “(2) (A) In the case of a veteran who is retired or separated from the active military, naval, or air service for a catastrophic disability or disabilities, payment of monetary benefits based on an award of compensation based on an original claim shall be made as of the date on which such award becomes effective as provided under section 5110 of this title or another applicable provision of law. “(B) Definition. For the purposes of this paragraph, the term ‘catastrophic disability’, with respect to a veteran, means a permanent, severely disabling injury, disorder, or disease that compromises the ability of the veteran to carry out the activities of daily living to such a degree that the veteran requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.” .

10. 2012

    Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

    Pub. L. 112–154 title V § 507(b) · 126 Stat. 1165

    Substituted · 38 U.S.C. § 5111(c)(1)

    Pub. L. 112–154 substituted “not apply to payments made pursuant to section 5310 of this title” for “apply to payments made pursuant to section 5310 of this title only if the monthly amount of dependency and indemnity compensation or pension payable to the surviving spouse is greater than the amount of compensation or pension the veteran would have received, but for such veteran’s death, for the month in which such veteran’s death occurred”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 112–154 substituted “not apply to payments made pursuant to section 5310 of this title” for “apply to payments made pursuant to section 5310 of this title only if the monthly amount of dependency and indemnity compensation or pension payable to the surviving spouse is greater than the amount of compensation or pension the veteran would have received, but for such veteran’s death, for the month in which such veteran’s death occurred”.

    Enacted provision · exact public law section
    (b) Month of Death Benefit Exempt From Delayed Commencement of Payment.— Section 5111(c)(1) is amended by striking “apply to” and all that follows through “death occurred” and inserting the following: “not apply to payments made pursuant to section 5310 of this title”.

11. 2017

    Veterans Appeals Improvement and Modernization Act of 2017

    Pub. L. 115–55 § 2(m) · 131 Stat. 1105

    Substituted · 38 U.S.C. § 5111(d)(1)

    Pub. L. 115–55 substituted “award or award based on a supplemental claim” for “or reopened award”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 115–55 substituted “award or award based on a supplemental claim” for “or reopened award”.

    Enacted provision · exact public law section
    (m) Definition of Award or Increased Award for Purposes of Provisions Relating to Commencement of Period of Payment.— Section 5111(d)(1) of such title is amended by striking “or reopened award” and inserting “award or award based on a supplemental claim”.

    Effective date note
    Amendment by Pub. L. 115–55 applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as a note under section 101 of this title, and bracketed note thereunder.

12. 2021

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

    Pub. L. 116–283 div. A title IX § 926(a)(53) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 5111(a)(2)(A)

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

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (53) Section 5111(a)(2)(A).

14 of 15 references resolved to an enrolled provision · 1 unresolved