[USC02] 38 USC Ch. 11: COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
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*Public Laws 116-315 through 117-1 have been enacted but classifications have not yet been finalized. The currency ("laws in effect") date does not reflect acts for which classification has not been finalized.

38 USC Ch. 11: COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
From Title 38—VETERANS' BENEFITSPART II—GENERAL BENEFITS

CHAPTER 11—COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

SUBCHAPTER I—GENERAL

Sec.
1101.
Definitions.
1102.
Special provisions relating to surviving spouses.
1103.
Special provisions relating to claims based upon effects of tobacco products.
1104.
Cost-of-living adjustments.

        

SUBCHAPTER II—WARTIME DISABILITY COMPENSATION

1110.
Basic entitlement.
1111.
Presumption of sound condition.
1112.
Presumptions relating to certain diseases and disabilities.
1113.
Presumptions rebuttable.
1114.
Rates of wartime disability compensation.
1115.
Additional compensation for dependents.
1116.
Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure for veterans who served in the Republic of Vietnam.
1116A.
Presumptions of service connection for veterans who served offshore of the Republic of Vietnam.
1116B.
Presumption of herbicide exposure for certain veterans who served in Korea.
1117.
Compensation for disabilities occurring in Persian Gulf War veterans.
1118.
Presumptions of service connection for illnesses associated with service in the Persian Gulf during the Persian Gulf War.

        

SUBCHAPTER III—WARTIME DEATH COMPENSATION

1121.
Basic entitlement.
1122.
Rates of wartime death compensation.

        

SUBCHAPTER IV—PEACETIME DISABILITY COMPENSATION

1131.
Basic entitlement.
1132.
Presumption of sound condition.
1133.
Presumptions relating to certain diseases.
1134.
Rates of peacetime disability compensation.
1135.
Additional compensation for dependents.
1137.
Wartime presumptions for certain veterans.

        

SUBCHAPTER V—PEACETIME DEATH COMPENSATION

1141.
Basic entitlement.
1142.
Rates of peacetime death compensation.

        

SUBCHAPTER VI—GENERAL COMPENSATION PROVISIONS

1151.
Benefits for persons disabled by treatment or vocational rehabilitation.
1152.
Persons heretofore having a compensable status.
1153.
Aggravation.
1154.
Consideration to be accorded time, place, and circumstances of service.
1155.
Authority for schedule for rating disabilities.
1156.
Temporary disability ratings.
1157.
Combination of certain ratings.
1158.
Disappearance.
1159.
Protection of service connection.
1160.
Special consideration for certain cases of loss of paired organs or extremities.
1161.
Payment of disability compensation in disability severance cases.
1162.
Clothing allowance.
1163.
Trial work periods and vocational rehabilitation for certain veterans with total disability ratings.

        

Editorial Notes

Amendments

2019Pub. L. 116–23, §§2(b), 3(b), June 25, 2019, 133 Stat. 968, 970, added items 1116A and 1116B.

2008Pub. L. 110–389, title II, §211(c), Oct. 10, 2008, 122 Stat. 4151, added item 1156.

2001Pub. L. 107–103, title II, §201(c)(2)(B), Dec. 27, 2001, 115 Stat. 988, substituted "Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure for veterans who served in the Republic of Vietnam" for "Presumptions of service connection for diseases associated with exposure to certain herbicide agents" in item 1116.

1998Pub. L. 105–368, title X, §1005(a), Nov. 11, 1998, 112 Stat. 3364, renumbered item 1103 "Cost-of-living adjustments" as 1104.

Pub. L. 105–277, div. C, title XVI, §1602(a)(2), Oct. 21, 1998, 112 Stat. 2681–744, added item 1118.

Pub. L. 105–178, title VIII, §8202(a)(2), as added by Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865, added item 1103 "Special provisions relating to claims based upon effects of tobacco products".

1997Pub. L. 105–33, title VIII, §8031(a)(2), Aug. 5, 1997, 111 Stat. 668, added item 1103 "Cost-of-living adjustments".

1994Pub. L. 103–446, title I, §106(a)(2), Nov. 2, 1994, 108 Stat. 4651, added item 1117.

1992Pub. L. 102–568, title IV, §401(d)(2), Oct. 29, 1992, 106 Stat. 4336, substituted "Trial work periods and vocational rehabilitation for certain veterans with total disability ratings" for "Temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings" in item 1163.

1991Pub. L. 102–83, §5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 301 to 363 as 1101 to 1163, respectively.

Pub. L. 102–4, §2(a)(2), Feb. 6, 1991, 105 Stat. 13, added item 316.

1986Pub. L. 99–576, title I, §109(a)(2), Oct. 28, 1986, 100 Stat. 3253, amended item 360 generally, substituting "loss of paired organs or extremities" for "blindness or bilateral kidney involvement or bilateral deafness".

1984Pub. L. 98–543, title I, §111(a)(2), Oct. 24, 1984, 98 Stat. 2739, added item 363.

1982Pub. L. 97–295, §4(9), Oct. 12, 1982, 96 Stat. 1305, added item 361.

1976Pub. L. 94–433, title IV, §§401(1), 404(5), Sept. 30, 1976, 90 Stat. 1377, 1378, substituted "surviving spouses" for "widows" in item 302 and struck out item 356 "Minimum rating for arrested tuberculosis".

1974Pub. L. 93–295, title II, §206(c), May 31, 1974, 88 Stat. 183, struck out item 343 "Conditions under which wartime rates payable".

1972Pub. L. 92–328, title I, §§103(b), 108(d), June 30, 1972, 86 Stat. 394, 396, struck out item 336 "Conditions under which wartime rates payable" and added item 362.

1970Pub. L. 91–376, §3(c), Aug. 12, 1970, 84 Stat. 789, inserted reference to disabilities in item 312.

1966Pub. L. 89–358, §7(b), Mar. 3, 1966, 80 Stat. 27, added item 337.

1965Pub. L. 89–311, §3(c), Oct. 31, 1965, 79 Stat. 1155, inserted reference to bilateral deafness in item 360.

1962Pub. L. 87–610, §2, Aug. 28, 1962, 76 Stat. 406, added item 360.

1960Pub. L. 86–501, §2, June 10, 1960, 74 Stat. 195, added item 359.

SUBCHAPTER I—GENERAL

§1101. Definitions

For the purposes of this chapter—

(1) The term "veteran" includes a person who died in the active military, naval, or air service.

(2) The term "period of war" includes, in the case of any veteran—

(A) any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, or air service after April 5, 1917, and before November 12, 1918; and

(B) any period of continuous service performed by such veteran after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1947.


(3) The term "chronic disease" includes—

Anemia, primary

Arteriosclerosis

Arthritis

Atrophy, progressive muscular

Brain hemorrhage

Brain thrombosis

Bronchiectasis

Calculi of the kidney, bladder, or gallbladder

Cardiovascular-renal disease, including hypertension

Cirrhosis of the liver

Coccidioidomycosis

Diabetes mellitus

Encephalitis lethargica residuals

Endocarditis

Endocrinopathies

Epilepsies

Hansen's disease

Hodgkin's disease

Leukemia

Lupus erythematosus, systemic

Myasthenia gravis

Myelitis

Myocarditis

Nephritis

Organic diseases of the nervous system

Osteitis deformans (Paget's disease)

Osteomalacia

Palsy, bulbar

Paralysis agitans

Psychoses

Purpura idiopathic, hemorrhagic

Raynaud's disease

Sarcoidosis

Scleroderma

Sclerosis, amyotrophic lateral

Sclerosis, multiple

Syringomyelia

Thromboangiitis obliterans (Buerger's disease)

Tuberculosis, active

Tumors, malignant, or of the brain or spinal cord or peripheral nerves

Ulcers, peptic (gastric or duodenal)


and such other chronic diseases as the Secretary may add to this list.

(4) The term "tropical disease" includes—

Amebiasis

Blackwater fever

Cholera

Dracontiasis

Dysentery

Filiariasis

Hansen's disease

Leishmaniasis, including kala-azar

Loiasis

Malaria

Onchocerciasis

Oroya fever

Pinta

Plague

Schistosomiasis

Yaws

Yellow fever


and such other tropical diseases as the Secretary may add to this list.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1118, §301; Pub. L. 94–433, title IV, §§401(2), (3), 404(1), Sept. 30, 1976, 90 Stat. 1377, 1378; Pub. L. 98–160, title VII, §702(2), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 100–322, title III, §313, May 20, 1988, 102 Stat. 535; renumbered §1101 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406.)


Editorial Notes

Amendments

1991Pub. L. 102–83, §5(a), renumbered section 301 of this title as this section.

Pars. (3), (4). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1988—Par. (3). Pub. L. 100–322 inserted "Lupus erythematosus, systemic" after "Leukemia".

1983—Par. (3). Pub. L. 98–160 substituted a period for the semicolon at end of paragraph following "may add to this list".

1976—Par. (2)(A), (B). Pub. L. 94–433, §404(1), substituted "such veteran" for "him" in subpars. (A) and (B).

Par. (3). Pub. L. 94–433, §401(2), substituted "Hansen's disease" for "Leprosy".

Par. (4). Pub. L. 94–433, §401(3), inserted "Hansen's disease" after "Filiariasis" and struck out "Leprosy" before "Loiasis".


Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Pub. L. 94–433, title IV, §406, Sept. 30, 1976, 90 Stat. 1380, provided that: "The provisions of this Act [see Tables for classification] shall become effective on October 1, 1976."

Effective Date of Future Increases

Pub. L. 98–223, title I, §108, Mar. 2, 1984, 98 Stat. 40, provided that: "It is the sense of the Congress that any increase provided by law to take effect after fiscal year 1984 in the rates of disability compensation and dependency and indemnity compensation payable under chapters 11 and 13, respectively, of title 38, United States Code, shall take effect on December 1 of the fiscal year involved and that the budgets for any such fiscal year include amounts to achieve such purpose."

[Section 108 of Pub. L. 98–223 effective Apr. 1, 1984, see section 107 of Pub. L. 98–223, set out as a note under section 1114 of this title.]

Veterans' Disability Benefits Commission

Pub. L. 108–136, div. A, title XV, Nov. 24, 2003, 117 Stat. 1676, as amended by Pub. L. 109–163, div. A, title V, §590, Jan. 6, 2006, 119 Stat. 3279, provided that:

"SEC. 1501. ESTABLISHMENT OF COMMISSION.

"(a) Establishment of Commission.—There is hereby established a commission to be known as the Veterans' Disability Benefits Commission (hereinafter in this title referred to as the 'commission').

"(b) Membership.—(1) The commission shall be composed of 13 members, appointed as follows:

"(A) Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran who was awarded a decoration specified in paragraph (2).

"(B) Two members appointed by the minority leader of the House of Representatives, at least one of whom shall be a veteran who was awarded a decoration specified in paragraph (2).

"(C) Two members appointed by the majority leader of the Senate, at least one of whom shall be a veteran who was awarded a decoration specified in paragraph (2).

"(D) Two members appointed by the minority leader of the Senate, at least one of whom shall be a veteran who was awarded a decoration specified in paragraph (2).

"(E) Five members appointed by the President, at least three of whom shall be veterans who were awarded a decoration specified in paragraph (2).

"(2) A decoration specified in this paragraph is any of the following:

"(A) The Medal of Honor.

"(B) The Distinguished Service Cross, the Navy Cross, or the Air Force Cross.

"(C) The Silver Star.

"(3) A vacancy in the Commission shall be filled in the manner in which the original appointment was made.

"(4) The appointment of members of the commission under this subsection shall be made not later than 60 days after the date of the enactment of this Act [Nov. 24, 2003].

"(c) Period of Appointment.—Members of the commission shall be appointed for the life of the commission. A vacancy in the commission shall not affect its powers.

"(d) Initial Meeting.—The commission shall hold its first meeting not later than 30 days after the date on which a majority of the members of the commission have been appointed.

"(e) Meetings.—The commission shall meet at the call of the chairman.

"(f) Quorum.—A majority of the members of the commission shall constitute a quorum, but a lesser number may hold hearings.

"(g) Chairman.—The President shall designate a member of the commission to be chairman of the commission.

"SEC. 1502. DUTIES OF THE COMMISSION.

"(a) Study.—The commission shall carry out a study of the benefits under the laws of the United States that are provided to compensate and assist veterans and their survivors for disabilities and deaths attributable to military service.

"(b) Scope of Study.—In carrying out the study, the commission shall examine and make recommendations concerning the following:

"(1) The appropriateness of such benefits under the laws in effect on the date of the enactment of this Act [Nov. 24, 2003].

"(2) The appropriateness of the level of such benefits.

"(3) The appropriate standard or standards for determining whether a disability or death of a veteran should be compensated.

"(c) Contents of Study.—The study to be carried out by the commission under this section shall be a comprehensive evaluation and assessment of the benefits provided under the laws of the United States to compensate veterans and their survivors for disability or death attributable to military service, together with any related issues that the commission determines are relevant to the purposes of the study. The study shall include an evaluation and assessment of the following:

"(1) The laws and regulations which determine eligibility for disability and death benefits, and other assistance for veterans and their survivors.

"(2) The rates of such compensation, including the appropriateness of a schedule for rating disabilities based on average impairment of earning capacity.

"(3) Comparable disability benefits provided to individuals by the Federal Government, State governments, and the private sector.

"(d) Consultation With Institute of Medicine.—In carrying out the study under this section, the commission shall consult with the Institute of Medicine of the National Academy of Sciences with respect to the medical aspects of contemporary disability compensation policies.

"SEC. 1503. REPORT.

"Not later than October 1, 2007, the commission shall submit to the President and Congress a report on the study. The report shall include the following:

"(1) The findings and conclusions of the commission, including its findings and conclusions with respect to the matters referred to in section 1502(c).

"(2) The recommendations of the commission for revising the benefits provided by the United States to veterans and their survivors for disability and death attributable to military service.

"(3) Other information and recommendations with respect to such benefits as the commission considers appropriate.

"SEC. 1504. POWERS OF THE COMMISSION.

"(a) Hearings.—The commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the commission considers advisable to carry out the purposes of this title.

"(b) Information From Federal Agencies.—In addition to the information referred to in section 1502(c), the commission may secure directly from any Federal department or agency such information as the commission considers necessary to carry out the provisions of this title. Upon request of the chairman of the commission, the head of such department or agency shall furnish such information to the commission.

"(c) Postal Services.—The commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

"(d) Gifts.—The commission may accept, use, and dispose of gifts or donations of services or property.

"SEC. 1505. PERSONNEL MATTERS.

"(a) Compensation of Members.—Each member of the commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the commission. All members of the commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

"(b) Travel Expenses.—The members of the commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the commission.

"(c) Staff.—(1) The chairman of the commission may, without regard to the civil service laws and regulations, appoint an executive director and such other personnel as may be necessary to enable the commission to perform its duties. The appointment of an executive director shall be subject to approval by the commission.

"(2) The chairman of the commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

"(d) Detail of Government Employees.—Upon request of the chairman of the commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the commission to assist it in carrying out its duties.

"(e) Procurement of Temporary and Intermittent Services.—The chairman of the commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

"SEC. 1506. TERMINATION OF COMMISSION.

"The commission shall terminate 60 days after the date on which the commission submits its report under section 1503.

"SEC. 1507. FUNDING.

"(a) In General.—The Secretary of Veterans Affairs shall, upon the request of the chairman of the commission, make available to the commission such amounts as the commission may require to carry out its duties under this title.

"(b) Availability.—Any sums made available to the commission under subsection (a) shall remain available, without fiscal year limitation, until the termination of the commission."

Treatment of Certain Income of Alaska Natives for Purposes of Need-Based Benefits

Pub. L. 103–446, title V, §506, Nov. 2, 1994, 108 Stat. 4664, provided that: "Any receipt by an individual from a Native Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) of cash, stock, land, or other interests referred to in subparagraphs (A) through (E) of section 29(c) of that Act (43 U.S.C. 1626(c)) (whether such receipt is attributable to the disposition of real property, profits from the operation of real property, or otherwise) shall not be countable as income for purposes of any law administered by the Secretary of Veterans Affairs."

Cost-of-Living Increases in Compensation Rates

Pub. L. 103–446, title I, §111(b), Nov. 2, 1994, 108 Stat. 4654, provided that: "The fiscal year 1995 cost-of-living adjustments in the rates of and limitations for compensation payable under chapter 11 of title 38, United States Code, and of dependency and indemnity compensation payable under chapter 13 of such title will be no more than a percentage equal to the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1994, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)), with all increased monthly rates and limitations (other than increased rates or limitations equal to a whole dollar amount) rounded down to the next lower dollar."

Pub. L. 103–66, title XII, §12008, Aug. 10, 1993, 107 Stat. 415, provided that:

"(a) Policy.—The fiscal year 1994 cost-of-living adjustments in the rates of and limitations for compensation payable under chapter 11 of title 38, United States Code, and of dependency and indemnity compensation payable under chapter 13 of such title, except as provided in subsection (b) of this section, will be no more than a percentage equal to the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1993, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)), with all increased monthly rates and limitations (other than increased rates or limitations equal to a whole dollar amount) rounded down to the next lower dollar.

"(b) Limitation on Fiscal Year 1994 Cost-of-Living Adjustment for Certain DIC Recipients.—(1) During fiscal year 1994, the amount of any increase in any of the rates of dependency and indemnity compensation in effect under section 1311(a)(3) of title 38, United States Code, will not exceed 50 percent of the new law increase, rounded down (if not an even dollar amount) to the next lower dollar.

"(2) For purposes of paragraph (1), the new law increase is the amount by which the rate of dependency and indemnity compensation provided for recipients under section 1311(a)(1) of such title is increased for fiscal year 1994."

Pub. L. 101–508, title VIII, §8005, Nov. 5, 1990, 104 Stat. 1388–343, provided that:

"(a) Policy Regarding Fiscal Year 1991.—The fiscal year 1991 cost-of-living adjustments in the rates of compensation payable under chapter 11 of title 38, United States Code, and of the dependency and indemnity compensation payable under chapter 13 of such title will be no more than a 5.4 percent increase, with all increased monthly rates rounded down to the next lower dollar. The effective date for such adjustments will not be earlier than January 1, 1991.

"(b) Increase Payable as of January 1992.—The amount of compensation or dependency and indemnity compensation payable to any individual for the month of January 1992 who is entitled to such benefits as of January 1, 1992, shall be increased for such month by the amount equal to the amount of the monthly increase provided for that individual's benefit level as of January 1, 1991, pursuant to the adjustments described in subsection (a)."

Benefits and Services for Former Prisoners of War; Implementation of Programs; Records for Disposition of Claims; Definition

Pub. L. 97–37, §6, Aug. 14, 1981, 95 Stat. 937, provided that:

"(a) Not later than ninety days after the date of the enactment of this Act [Aug. 14, 1981] and at appropriate times thereafter, the Administrator shall, to the maximum extent feasible and in order to carry out the requirements of the veterans outreach services program under subchapter IV of [former] chapter 3 of title 38, United States Code, seek out former prisoners of war and provide them with information regarding applicable changes in law, regulations, policies, guidelines, or other directives affecting the benefits and services to which former prisoners of war are entitled under such title by virtue of the amendments made by this Act [see Tables for classification].

"(b)(1) The Administrator shall, for not less than the three-year period beginning ninety days after the date of the enactment of this Act [Aug. 14, 1981], maintain a centralized record showing all claims for benefits under chapter 11 of such title that are submitted by former prisoners of war and the disposition of such claims.

"(2) Not later than ninety days after the end of the three-year period described in paragraph (1), the Administrator shall, after consulting with and receiving the views of the Advisory Committee on Former Prisoners of War required to be established pursuant to section 221 [see 541] of such title, submit a report on the results of the disposition of claims described in such paragraph, together with any comments or recommendations that the Administrator may have, to the appropriate committees of Congress. The Administrator may also submit to such committees interim reports on such results.

"(c) For the purposes of this section, the term "former prisoner of war" has the meaning given such term in paragraph (32) of section 101 of title 38, United States Code (as added by section 3(a) of this Act)."

Study on Disability Compensation and Health-Care Needs of Former Prisoners of War; Report to President and Congress

Pub. L. 95–479, title III, §305, Oct. 18, 1978, 92 Stat. 1565, directed Administrator of Veterans' Affairs, in consultation with Secretary of Defense, to carry out a comprehensive study of disability compensation awarded to, and health care needs of veterans who are former prisoners of war and to submit a report on results of such study to Congress and President not later than Feb. 1, 1980.

Amputees, Cardiovascular Disorders; Study

Pub. L. 94–433, title IV, §403, Sept. 30, 1976, 90 Stat. 1378, directed Administrator to conduct a scientific study to determine if there is causal relationship between amputation of an extremity and subsequent development of cardiovascular disorders and to report to Speaker and President of Senate not later than June 30, 1977.

Study of Claims for Dependency and Indemnity Compensation

Pub. L. 93–295, title II, §207, May 31, 1974, 88 Stat. 183, directed Administrator of Veterans' Affairs to make a detailed study of claims for dependency and indemnity compensation relating to veterans, as defined in section 101(2) of this title, who at time of death within six months prior to May 31, 1974, were receiving disability compensation from Veterans' Administration based upon a rating total and permanent in nature, and submit a report together with such comments and recommendations as Administrator deemed appropriate to Speaker of the House and President of the Senate not more than thirty days after Jan. 14, 1975.

§1102. Special provisions relating to surviving spouses

(a) No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran—

(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or

(2) for one year or more; or

(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.


(b) Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, §302; Pub. L. 86–491, June 8, 1960, 74 Stat. 161; Pub. L. 90–77, title I, §101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, §404(2)–(4), Sept. 30, 1976, 90 Stat. 1378; renumbered §1102 and amended Pub. L. 102–83, §§4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)


Editorial Notes

Amendments

1991Pub. L. 102–83, §5(a), renumbered section 302 of this title as this section.

Subsec. (b). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

1976Pub. L. 94–433, §404(4), substituted "surviving spouses" for "widows" in section catchline.

Subsec. (a). Pub. L. 94–433, §404(2), substituted "surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran" for "widow of a veteran under this chapter unless she was married to him".

Subsec. (b). Pub. L. 94–433, §404(3), substituted "surviving spouse" for "widow" in two places.

1967—Subsec. (a)(2), (3). Pub. L. 90–77 qualified widow of a veteran for receipt of compensation by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.

1960—Subsec. (a)(1). Pub. L. 86–491 substituted "fifteen years" for "ten years".


Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

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.

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 Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

§1103. Special provisions relating to claims based upon effects of tobacco products

(a) Notwithstanding any other provision of law, a veteran's disability or death shall not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the active military, naval, or air service for purposes of this title on the basis that it resulted from injury or disease attributable to the use of tobacco products by the veteran during the veteran's service.

(b) Nothing in subsection (a) shall be construed as precluding the establishment of service connection for disability or death from a disease or injury which is otherwise shown to have been incurred or aggravated in active military, naval, or air service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this title.

(Added Pub. L. 105–178, title VIII, §8202(a)(1), as added Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865.)


Editorial Notes

Prior Provisions

A prior section 1103 was renumbered section 1104 of this title.


Statutory Notes and Related Subsidiaries

Effective Date

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of Title 23, Highways.

Pub. L. 105–178, title VIII, §8202(b), as amended by Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865, provided that: "Section 1103 of title 38, United States Code, as added by subsection (a), shall apply with respect to claims received by the Secretary of Veterans Affairs after the date of the enactment of this Act [June 9, 1998]."

§1104. Cost-of-living adjustments

(a) In the computation of cost-of-living adjustments for fiscal years 1998 through 2013 in the rates of, and dollar limitations applicable to, compensation payable under this chapter, such adjustments shall be made by a uniform percentage that is no more than the percentage equal to the social security increase for that fiscal year, with all increased monthly rates and limitations (other than increased rates or limitations equal to a whole dollar amount) rounded down to the next lower whole dollar amount.

(b) For purposes of this section, the term "social security increase" means the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased for any fiscal year as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).

(Added Pub. L. 105–33, title VIII, §8031(a)(1), Aug. 5, 1997, 111 Stat. 668, §1103; renumbered §1104, Pub. L. 105–368, title X, §1005(a), Nov. 11, 1998, 112 Stat. 3364; amended Pub. L. 107–103, title II, §205, Dec. 27, 2001, 115 Stat. 990; Pub. L. 108–183, title VII, §706, Dec. 16, 2003, 117 Stat. 2672.)


Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is classified generally to subchapter II (§401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

2003—Subsec. (a). Pub. L. 108–183 substituted "2013" for "2011".

2001—Subsec. (a). Pub. L. 107–103 substituted "2011" for "2002".

1998Pub. L. 105–368 renumbered section 1103 of this title as this section.

SUBCHAPTER II—WARTIME DISABILITY COMPENSATION

§1110. Basic entitlement

For disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, §310; Pub. L. 101–508, title VIII, §8052(a)(2), Nov. 5, 1990, 104 Stat. 1388–351; renumbered §1110, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–178, title VIII, §8202(a), June 9, 1998, 112 Stat. 492; Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865.)


Editorial Notes

Amendments

1998Pub. L. 105–178, which directed the substitution of ", abuse of alcohol or drugs, or use of tobacco products" for "or abuse of alcohol or drugs" before the period at end, was amended generally by Pub. L. 105–206, which provided that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made. See Effective Date of 1998 Amendment note below.

1991Pub. L. 102–83 renumbered section 310 of this title as this section.

1990Pub. L. 101–508 substituted "a result of the veteran's own willful misconduct or abuse of alcohol or drugs" for "the result of the veteran's own willful misconduct".


Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178 as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–508 effective with respect to claims filed after Oct. 31, 1990, see section 8052(b) of Pub. L. 101–508, set out as a note under section 105 of this title.

Construction of 1998 Amendment

Pub. L. 105–206, title IX, §9014(a), July 22, 1998, 112 Stat. 865, provided that section 8202 of Pub. L. 105–178 is amended generally and that the amendments made by that section as originally enacted shall be treated for all purposes as not having been made.

§1111. Presumption of sound condition

For the purposes of section 1110 of this title, every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment and was not aggravated by such service.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, §311; renumbered §1111 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)


Editorial Notes

Amendments

1991Pub. L. 102–83, §5(a), renumbered section 311 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1110" for "310".

§1112. Presumptions relating to certain diseases and disabilities

(a) For the purposes of section 1110 of this title, and subject to the provisions of section 1113 of this title, in the case of any veteran who served for ninety days or more during a period of war—

(1) a chronic disease becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service;

(2) a tropical disease, and the resultant disorders or disease originating because of therapy, administered in connection with such diseases, or as a preventative thereof, becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service, or at a time when standard or accepted treatises indicate that the incubation period thereof commenced during such service;

(3) active tuberculous disease developing a 10 percent degree of disability or more within three years from the date of separation from such service;

(4) multiple sclerosis developing a 10 percent degree of disability or more within seven years from the date of separation from such service;

(5) Hansen's disease developing a 10 percent degree of disability or more within three years from the date of separation from such service;


shall be considered to have been incurred in or aggravated by such service, notwithstanding there is no record of evidence of such disease during the period of service.

(b)(1) For the purposes of section 1110 of this title and subject to the provisions of section 1113 of this title, in the case of a veteran who is a former prisoner of war—

(A) a disease specified in paragraph (2) which became manifest to a degree of 10 percent or more after active military, naval, or air service shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service; and

(B) if the veteran was detained or interned as a prisoner of war for not less than thirty days, a disease specified in paragraph (3) which became manifest to a degree of 10 percent or more after active military, naval, or air service shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service.


(2) The diseases specified in this paragraph are the following:

(A) Psychosis.

(B) Any of the anxiety states.

(C) Dysthymic disorder (or depressive neurosis).

(D) Organic residuals of frostbite, if the Secretary determines that the veteran was detained or interned in climatic conditions consistent with the occurrence of frostbite.

(E) Post-traumatic osteoarthritis.

(F) Osteoporosis, if the Secretary determines that the veteran has post-traumatic stress disorder (PTSD).


(3) The diseases specified in this paragraph are the following:

(A) Avitaminosis.

(B) Beriberi (including beriberi heart disease).

(C) Chronic dysentery.

(D) Helminthiasis.

(E) Malnutrition (including optic atrophy associated with malnutrition).

(F) Pellagra.

(G) Any other nutritional deficiency.

(H) Cirrhosis of the liver.

(I) Peripheral neuropathy except where directly related to infectious causes.

(J) Irritable bowel syndrome.

(K) Peptic ulcer disease.

(L) Atherosclerotic heart disease or hypertensive vascular disease (including hypertensive heart disease) and their complications (including myocardial infarction, congestive heart failure and arrhythmia).

(M) Stroke and its complications.


(c)(1) For the purposes of section 1110 of this title, and subject to the provisions of section 1113 of this title, a disease specified in paragraph (2) of this subsection becoming manifest in a radiation-exposed veteran shall be considered to have been incurred in or aggravated during active military, naval, or air service, notwithstanding that there is no record of evidence of such disease during a period of such service.

(2) The diseases referred to in paragraph (1) of this subsection are the following:

(A) Leukemia (other than chronic lymphocytic leukemia).

(B) Cancer of the thyroid.

(C) Cancer of the breast.

(D) Cancer of the pharynx.

(E) Cancer of the esophagus.

(F) Cancer of the stomach.

(G) Cancer of the small intestine.

(H) Cancer of the pancreas.

(I) Multiple myeloma.

(J) Lymphomas (except Hodgkin's disease).

(K) Cancer of the bile ducts.

(L) Cancer of the gall bladder.

(M) Primary liver cancer (except if cirrhosis or hepatitis B is indicated).

(N) Cancer of the salivary gland.

(O) Cancer of the urinary tract.

(P) Bronchiolo-alveolar carcinoma.

(Q) Cancer of the bone.

(R) Cancer of the brain.

(S) Cancer of the colon.

(T) Cancer of the lung.

(U) Cancer of the ovary.


(3) For the purposes of this subsection:

(A) The term "radiation-exposed veteran" means (i) a veteran who, while serving on active duty, participated in a radiation-risk activity, or (ii) an individual who, while a member of a reserve component of the Armed Forces, participated in a radiation-risk activity during a period of active duty for training or inactive duty training.

(B) The term "radiation-risk activity" means any of the following:

(i) Onsite participation in a test involving the atmospheric detonation of a nuclear device (without regard to whether the nation conducting the test was the United States or another nation).

(ii) The occupation of Hiroshima or Nagasaki, Japan, by United States forces during the period beginning on August 6, 1945, and ending on July 1, 1946.

(iii) Internment as prisoner of war in Japan (or service on active duty in Japan immediately following such internment) during World War II which (as determined by the Secretary) resulted in an opportunity for exposure to ionizing radiation comparable to that of veterans described in clause (ii) of this subparagraph.

(iv) Service in a capacity which, if performed as an employee of the Department of Energy, would qualify the individual for inclusion as a member of the Special Exposure Cohort under section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(14)).


(4) A radiation-exposed veteran who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note) shall not be deprived, by reason of the receipt of that payment, of receipt of compensation to which that veteran is entitled by reason of paragraph (1), but there shall be deducted from payment of such compensation the amount of the payment under that Act.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1120, §312; Pub. L. 86–187, Aug. 25, 1959, 73 Stat. 418; Pub. L. 86–188, Aug. 25, 1959, 73 Stat. 418; Pub. L. 87–645, §3, Sept. 7, 1962, 76 Stat. 442; Pub. L. 91–376, §3(a), (b), Aug. 12, 1970, 84 Stat. 788, 789; Pub. L. 97–37, §4(a), Aug. 14, 1981, 95 Stat. 936; Pub. L. 98–223, title I, §§101(c), 111, Mar. 2, 1984, 98 Stat. 38, 40; Pub. L. 99–576, title I, §108(a), Oct. 28, 1986, 100 Stat. 3252; Pub. L. 100–321, §2(a), May 20, 1988, 102 Stat. 485; Pub. L. 100–322, title III, §312, May 20, 1988, 102 Stat. 534; renumbered §1112 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–86, title I, §§104(a), 105, Aug. 14, 1991, 105 Stat. 415; Pub. L. 102–578, §2(a), Oct. 30, 1992, 106 Stat. 4774; Pub. L. 103–446, title V, §501(a), Nov. 2, 1994, 108 Stat. 4663; Pub. L. 106–117, title V, §503, Nov. 30, 1999, 113 Stat. 1575; Pub. L. 108–183, title II, §201, Dec. 16, 2003, 117 Stat. 2656; Pub. L. 108–454, title III, §§302(a), 306(a), (b), Dec. 10, 2004, 118 Stat. 3610, 3612; Pub. L. 109–233, title IV, §401, June 15, 2006, 120 Stat. 407; Pub. L. 110–389, title I, §106, Oct. 10, 2008, 122 Stat. 4149.)


Editorial Notes

References in Text

The Radiation Exposure Compensation Act, referred to in subsec. (c)(4), is Pub. L. 101–426, Oct. 15, 1990, 104 Stat. 920, as amended, which is set out as a note under section 2210 of Title 42, The Public Health and Welfare.

Amendments

2008—Subsec. (b)(2)(F). Pub. L. 110–389 added subpar. (F).

2006—Subsec. (b)(3)(L), (M). Pub. L. 109–233 added subpars. (L) and (M).

2004—Subsec. (c)(2)(Q) to (U). Pub. L. 108–454, §306(a), added subpars. (Q) to (U).

Subsec. (c)(3)(B)(iv). Pub. L. 108–454, §306(b), added cl. (iv).

Subsec. (c)(4). Pub. L. 108–454, §302(a), added par. (4).

2003—Subsec. (b). Pub. L. 108–183 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "For the purposes of section 1110 of this title and subject to the provisions of section 1113 of this title, in the case of a veteran who is a former prisoner of war and who was detained or interned for not less than thirty days, the disease of—

"(1) avitaminosis,

"(2) beriberi (including beriberi heart disease),

"(3) chronic dysentery,

"(4) helminthiasis,

"(5) malnutrition (including optic atrophy associated with malnutrition),

"(6) pellagra,

"(7) any other nutritional deficiency,

"(8) psychosis,

"(9) any of the anxiety states,

"(10) dysthymic disorder (or depressive neurosis),

"(11) organic residuals of frostbite, if the Secretary determines that the veteran was interned in climatic conditions consistent with the occurrence of frostbite,

"(12) post-traumatic osteoarthritis,

"(13) peripheral neuropathy except where directly related to infectious causes,

"(14) irritable bowel syndrome, or

"(15) peptic ulcer disease,

which became manifest to a degree of 10 percent or more after active military, naval, or air service shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service."

1999—Subsec. (c)(2)(P). Pub. L. 106–117 added subpar. (P).

1994—Subsec. (c)(3)(B)(i). Pub. L. 103–446 inserted before period at end "(without regard to whether the nation conducting the test was the United States or another nation)".

1992—Subsec. (c)(1). Pub. L. 102–578, §2(a)(1), struck out "to a degree of 10 percent or more within the presumption period (as specified in paragraph (3) of this subsection)" after "radiation-exposed veteran".

Subsec. (c)(2)(N), (O). Pub. L. 102–578, §2(a)(2), added subpars. (N) and (O).

Subsec. (c)(3), (4). Pub. L. 102–578, §2(a)(3), (4), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: "The presumption period for purposes of paragraph (1) of this subsection is the 40-year period beginning on the last date on which the veteran participated in a radiation-risk activity."

1991Pub. L. 102–83, §5(a), renumbered section 312 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "1110" for "310" and "1113" for "313" in introductory provisions.

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "1110" for "310" and "1113" for "313" in introductory provisions.

Subsec. (b)(11). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsec. (c)(1). Pub. L. 102–86, §105(1), amended subsec. (c)(1) of this section as in effect before the redesignations made by Pub. L. 102–83, §5, by substituting "during active military, naval, or air service" for "during the veteran's service on active duty" and "during a period" for "during the period".

Pub. L. 102–83, §5(c)(1), substituted "1110" for "310" and "1113" for "313".

Subsec. (c)(3). Pub. L. 102–86, §104(a), amended subsec. (c)(3) of this section as in effect before the redesignations made by Pub. L. 102–83, §5, by striking out before period at end ", except that such period shall be the 30-year period beginning on that date in the case of leukemia (other than chronic lymphocytic leukemia)".

Subsec. (c)(4)(A). Pub. L. 102–86, §105(2), amended subsec. (c)(4)(A) of this section as in effect before the redesignations made by Pub. L. 102–83, §5, by inserting "(i)" after "means" and adding cl. (ii).

Subsec. (c)(4)(B)(iii). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

1988—Subsec. (b)(13) to (15). Pub. L. 100–322 added pars. (13) to (15).

Subsec. (c). Pub. L. 100–321 added subsec. (c).

1986—Subsec. (b)(11), (12). Pub. L. 99–576 added pars. (11) and (12).

1984—Subsec. (a)(1) to (5). Pub. L. 98–223, §101(c), substituted "percent" for "per centum".

Subsec. (b). Pub. L. 98–223, §111, added par. (10).

Pub. L. 98–223, §101(c), substituted "percent" for "per centum" in provision following par. (10).

1981—Subsecs. (b), (c). Pub. L. 97–37, §4(a)(1), (2), redesignated subsec. (c) as (b) and generally revised structure so as to include anxiety states as a listed disease, and exclude the enumerated armed conflicts and resulting treatment incurred. Former subsec. (b), relating to treatment as a prisoner of war as deemed in violation of the Geneva Conventions of 1929 and 1949, was struck out.

1970Pub. L. 91–376 inserted reference to disabilities in section catchline, designated existing provisions as subsec. (a), and added subsecs. (b) and (c).

1962Pub. L. 87–645 substituted "seven years" for "three years" in par. (4).

1959Pub. L. 86–188 inserted par. (5).

Pub. L. 86–187 substituted "three years" for "two years" in par. (4).


Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–454, title III, §302(c), Dec. 10, 2004, 118 Stat. 3610, provided that: "Paragraph (4) of section 1112(c) of title 38, United States Code, as added by subsection (a), shall take effect with respect to compensation payments for months beginning after March 26, 2002. Subsection (c) of section 1310 of such title, as added by subsection (b), shall take effect with respect to dependency and indemnity compensation payments for months beginning after March 26, 2002."

Pub. L. 108–454, title III, §306(c), Dec. 10, 2004, 118 Stat. 3612, provided that: "The amendments made by this section [amending this section] shall take effect as of March 26, 2002."

Effective Date of 1992 Amendment

Pub. L. 102–578, §2(b), Oct. 30, 1992, 106 Stat. 4774, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1992."

Effective Date of 1991 Amendment

Pub. L. 102–86, title I, §104(b), Aug. 14, 1991, 105 Stat. 415, provided that: "No benefit may be paid by reason of the amendment made by subsection (a) [amending this section] for any period before the date of the enactment of this Act [Aug. 14, 1991]."

Effective Date of 1988 Amendment

Pub. L. 100–321, §2(b), May 20, 1988, 102 Stat. 486, provided that: "Subsection (c) of section 312 [now 1112] of title 38, United States Code, as added by subsection (a), shall take effect on May 1, 1988."

Effective Date of 1986 Amendment

Pub. L. 99–576, title I, §108(b), Oct. 28, 1986, 100 Stat. 3252, provided that: "The amendments made by subsection (a) [amending this section] shall take effect as of October 1, 1986."

Effective Date of 1984 Amendment

Amendment by section 101(c) of Pub. L. 98–223 effective Apr. 1, 1984, see section 107 of Pub. L. 98–223, set out as a note under section 1114 of this title.

Pub. L. 98–223, title I, §114, Mar. 2, 1984, 98 Stat. 40, provided that: "The amendments made by this part [part B (§§111–114) of title I of Pub. L. 98–223, amending this section and sections 314 and 3011 [now 1114 and 5111] of this title] shall take effect as of October 1, 1983."

Effective Date of 1981 Amendment

Pub. L. 97–37, §4(b), Aug. 14, 1981, 95 Stat. 936, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on October 1, 1981."

Effective Date of 1962 Amendment

Pub. L. 87–645, §4, Sept. 7, 1962, 76 Stat. 442, provided that: "This Act [amending this section and sections 314 and 3203 [now 1114 and 5503] of this title and enacting provisions set out as a note under section 1114 of this title] shall take effect on the first day of the first calendar month which begins after the date of enactment of this Act [Sept. 7, 1962] but no payments shall be made by reason of this Act for any period before such effective date. The increased rate of compensation payable to any veteran entitled thereto on such first day shall be further increased, for such month only, in an amount equal to three times the monthly increase provided for such veteran by the amendments made by this Act."

§1113. Presumptions rebuttable

(a) Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of any of the diseases or disabilities within the purview of section 1112, 1116, 1117, or 1118 of this title, has been suffered between the date of separation from service and the onset of any such diseases or disabilities, or the disability is due to the veteran's own willful misconduct, service-connection pursuant to section 1112, 1116, or 1118 of this title, or payments of compensation pursuant to section 1117 of this title, will not be in order.

(b) Nothing in section 1112, 1116, 1117, or 1118 of this title, subsection (a) of this section, or section 5 of Public Law 98–542 (38 U.S.C. 1154 note) shall be construed to prevent the granting of service-connection for any disease or disorder otherwise shown by sound judgment to have been incurred in or aggravated by active military, naval, or air service.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1120, §313; Pub. L. 102–4, §2(b), Feb. 6, 1991, 105 Stat. 13; renumbered §1113 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title I, §106(b), title V, §501(b)(1), Nov. 2, 1994, 108 Stat. 4651, 4663; Pub. L. 105–277, div. C, title XVI, §1602(b), Oct. 21, 1998, 112 Stat. 2681–744.)


Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–277 substituted "1117, or 1118" for "or 1117" and ", 1116, or 1118" for "or 1116".

Subsec. (b). Pub. L. 105–277, §1602(b)(1), substituted "1117, or 1118" for "or 1117".

1994—Subsec. (a). Pub. L. 103–446, §106(b), inserted "or disabilities" after "diseases" in two places, substituted "purview of section 1112, 1116, or 1117" for "purview of section 1112 or 1116", and inserted ", or payments of compensation pursuant to section 1117 of this title," before "will not".

Subsec. (b). Pub. L. 103–446, §501(b)(1), substituted "title," for "title or" and inserted ", or section 5 of Public Law 98–542 (38 U.S.C. 1154 note)" after "of this section".

Pub. L. 103–446, §106(b)(1), substituted "section 1112, 1116, or 1117" for "section 1112 or 1116".

1991Pub. L. 102–83, §5(a), renumbered section 313 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1112 or 1116" for "312 or 316" wherever appearing.

Pub. L. 102–4 inserted "or 316" after "section 312" wherever appearing.


Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–446, title V, §501(b)(2), Nov. 2, 1994, 108 Stat. 4663, provided that: "The amendments made by paragraph (1) [amending this section] shall apply with respect to applications for veterans benefits that are submitted to the Secretary of Veterans Affairs after the date of the enactment of this Act [Nov. 2, 1994]."

§1114. Rates of wartime disability compensation

For the purposes of section 1110 of this title

(a) if and while the disability is rated 10 percent the monthly compensation shall be $123;

(b) if and while the disability is rated 20 percent the monthly compensation shall be $243;

(c) if and while the disability is rated 30 percent the monthly compensation shall be $376;

(d) if and while the disability is rated 40 percent the monthly compensation shall be $541;

(e) if and while the disability is rated 50 percent the monthly compensation shall be $770;

(f) if and while the disability is rated 60 percent the monthly compensation shall be $974;

(g) if and while the disability is rated 70 percent the monthly compensation shall be $1,228;

(h) if and while the disability is rated 80 percent the monthly compensation shall be $1,427;

(i) if and while the disability is rated 90 percent the monthly compensation shall be $1,604;

(j) if and while the disability is rated as total the monthly compensation shall be $2,673;

(k) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman veteran, has suffered the anatomical loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue, the rate of compensation therefor shall be $96 per month for each such loss or loss of use independent of any other compensation provided in subsections (a) through (j) or subsection (s) of this section but in no event to exceed $3,327 per month; and in the event the veteran has suffered one or more of the disabilities heretofore specified in this subsection, in addition to the requirement for any of the rates specified in subsections (l) through (n) of this section, the rate of compensation shall be increased by $96 per month for each such loss or loss of use, but in no event to exceed $4,667 per month;

(l) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both feet, or of one hand and one foot, or is blind in both eyes, with 5/200 visual acuity or less, or is permanently bedridden or with such significant disabilities as to be in need of regular aid and attendance, the monthly compensation shall be $3,327;

(m) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both hands, or of both legs with factors preventing natural knee action with prostheses in place, or of one arm and one leg with factors preventing natural elbow and knee action with prostheses in place, or has suffered blindness in both eyes having only light perception, or has suffered blindness in both eyes, rendering such veteran so significantly disabled as to be in need of regular aid and attendance, the monthly compensation shall be $3,671;

(n) if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of both arms with factors preventing natural elbow action with prostheses in place, has suffered the anatomical loss of both legs with factors that prevent the use of prosthetic appliances, or has suffered the anatomical loss of one arm and one leg with factors that prevent the use of prosthetic appliances, or has suffered the anatomical loss of both eyes, or has suffered blindness without light perception in both eyes, the monthly compensation shall be $4,176;

(o) if the veteran, as the result of service-connected disability, has suffered disability under conditions which would entitle such veteran to two or more of the rates provided in one or more subsections (l) through (n) of this section, no condition being considered twice in the determination, or if the veteran has suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 60 percent or more disabling and the veteran has also suffered service-connected total blindness with 20/200 visual acuity or less, or if the veteran has suffered service-connected total deafness in one ear or bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 40 percent or more disabling and the veteran has also suffered service-connected blindness having only light perception or less, or if the veteran has suffered the anatomical loss of both arms with factors that prevent the use of prosthetic appliances, the monthly compensation shall be $4,667;

(p) in the event the veteran's service-connected disabilities exceed the requirements for any of the rates prescribed in this section, the Secretary may allow the next higher rate or an intermediate rate, but in no event in excess of $4,667. In the event the veteran has suffered service-connected blindness with 5/200 visual acuity or less and (1) has also suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at no less than 30 percent disabling, the Secretary shall allow the next higher rate, or (2) has also suffered service-connected total deafness in one ear or service-connected anatomical loss or loss of use of one hand or one foot, the Secretary shall allow the next intermediate rate, but in no event in excess of $4,667. In the event the veteran has suffered service-connected blindness, having only light perception or less, and has also suffered bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 10 or 20 percent disabling, the Secretary shall allow the next intermediate rate, but in no event in excess of $4,667. In the event the veteran has suffered the anatomical loss or loss of use, or a combination of anatomical loss and loss of use, of three extremities, the Secretary shall allow the next higher rate or intermediate rate, but in no event in excess of $4,667. Any intermediate rate under this subsection shall be established at the arithmetic mean, rounded down to the nearest dollar, between the two rates concerned.

[(q) Repealed. Pub. L. 90–493, §4(a), Aug. 19, 1968, 82 Stat. 809.]

(r) Subject to section 5503(c) of this title, if any veteran, otherwise entitled to compensation authorized under subsection (o) of this section, at the maximum rate authorized under subsection (p) of this section, or at the intermediate rate authorized between the rates authorized under subsections (n) and (o) of this section and at the rate authorized under subsection (k) of this section, is in need of regular aid and attendance, then, in addition to such compensation—

(1) the veteran shall be paid a monthly aid and attendance allowance at the rate of $2,002; or

(2) if the veteran, in addition to such need for regular aid and attendance, is in need of a higher level of care, such veteran shall be paid a monthly aid and attendance allowance at the rate of $2,983, in lieu of the allowance authorized in clause (1) of this subsection, if the Secretary finds that the veteran, in the absence of the provision of such care, would require hospitalization, nursing home care, or other residential institutional care.


For the purposes of clause (2) of this subsection, need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. The existence of the need for such care shall be determined by a physician employed by the Department or, in areas where no such physician is available, by a physician carrying out such function under contract or fee arrangement based on an examination by such physician. For the purposes of section 1134 of this title, such allowance shall be considered as additional compensation payable for disability.

(s) If the veteran has a service-connected disability rated as total, and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or, (2) by reason of such veteran's service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $2,993. For the purpose of this subsection, the requirement of "permanently housebound" will be considered to have been met when the veteran is substantially confined to such veteran's house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout such veteran's lifetime.

(t) Subject to section 5503(c) of this title, if any veteran, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under subsection (r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care, the veteran shall be paid, in addition to any other compensation under this section, a monthly aid and attendance allowance equal to the rate described in subsection (r)(2), which for purposes of section 1134 of this title shall be considered as additional compensation payable for disability. An allowance authorized under this subsection shall be paid in lieu of any allowance authorized by subsection (r)(1).

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1120, §314; Pub. L. 85–782, §2, Aug. 27, 1958, 72 Stat. 936; Pub. L. 86–663, §1, July 14, 1960, 74 Stat. 528; Pub. L. 87–645, §§1(a), 2(a), Sept. 7, 1962, 76 Stat. 441; Pub. L. 88–20, §1, May 15, 1963, 77 Stat. 17; Pub. L. 88–22, §1, May 15, 1963, 77 Stat. 18; Pub. L. 89–311, §§1(a), 3(d), (e), Oct. 31, 1965, 79 Stat. 1154, 1155; Pub. L. 90–77, title IV, §401, Aug. 31, 1967, 81 Stat. 190; Pub. L. 90–493, §§1(a), 4(a), Aug. 19, 1968, 82 Stat. 808, 809; Pub. L. 91–376, §1(a), Aug. 12, 1970, 84 Stat. 787; Pub. L. 92–328, title I, §101(a), June 30, 1972, 86 Stat. 393; Pub. L. 93–295, title I, §101(a), May 31, 1974, 88 Stat. 181; Pub. L. 94–71, title I, §101(a), Aug. 5, 1975, 89 Stat. 395; Pub. L. 94–433, title I, §101(a), title IV, §§401(4), (5), 404(6)–(8), Sept. 30, 1976, 90 Stat. 1374, 1377, 1378; Pub. L. 95–117, title I, §101(a), Oct. 3, 1977, 91 Stat. 1063; Pub. L. 95–479, title I, §101(a)–(d), Oct. 18, 1978, 92 Stat. 1560, 1561; Pub. L. 96–128, title I, §§101(a), 104, 105, Nov. 28, 1979, 93 Stat. 982, 984; Pub. L. 96–385, title I, §101(a), Oct. 7, 1980, 94 Stat. 1528; Pub. L. 97–66, title I, §§101(a), 104, Oct. 17, 1981, 95 Stat. 1026, 1027; Pub. L. 97–253, title IV, §§404(a), 405(b), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97–306, title I, §§101(a), 107, 111(a), (b), Oct. 14, 1982, 96 Stat. 1429, 1431, 1432; Pub. L. 98–223, title I, §§101(a), 112, Mar. 2, 1984, 98 Stat. 37, 40; Pub. L. 98–543, title I, §101(a), Oct. 24, 1984, 98 Stat. 2735; Pub. L. 99–238, title I, §101(a), Jan. 13, 1986, 99 Stat. 1765; Pub. L. 99–576, title I, §§101(a), 109(b), Oct. 28, 1986, 100 Stat. 3250, 3253; Pub. L. 100–227, title I, §101(a), Dec. 31, 1987, 101 Stat. 1552; Pub. L. 100–687, div. B, title XI, §1101(a), Nov. 18, 1988, 102 Stat. 4123; Pub. L. 101–237, title I, §101(a), Dec. 18, 1989, 103 Stat. 2062; Pub. L. 102–3, §2(a), Feb. 6, 1991, 105 Stat. 7; Pub. L. 102–40, title IV, §402(d)(1), May 7, 1991, 105 Stat. 239; renumbered §1114 and amended Pub. L. 102–83, §§4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–152, §2(a), Nov. 12, 1991, 105 Stat. 985; Pub. L. 103–78, §1, Aug. 13, 1993, 107 Stat. 767; Pub. L. 103–140, §2, Nov. 11, 1993, 107 Stat. 1485; Pub. L. 105–98, §2(a), Nov. 19, 1997, 111 Stat. 2155; Pub. L. 106–118, §2(a), Nov. 30, 1999, 113 Stat. 1601; Pub. L. 106–419, title III, §302, Nov. 1, 2000, 114 Stat. 1853; Pub. L. 107–94, §2(a), Dec. 21, 2001, 115 Stat. 900; Pub. L. 107–103, title II, §204(b)(1), Dec. 27, 2001, 115 Stat. 990; Pub. L. 107–330, title I, §102, title III, §309(a), Dec. 6, 2002, 116 Stat. 2821, 2829; Pub. L. 108–454, title III, §307(a), Dec. 10, 2004, 118 Stat. 3612; Pub. L. 109–111, §2(a), Nov. 22, 2005, 119 Stat. 2362; Pub. L. 109–233, title V, §502(1), (2), June 15, 2006, 120 Stat. 415; Pub. L. 109–444, §9(a), Dec. 21, 2006, 120 Stat. 3314; Pub. L. 109–461, title X, §§1005(a), 1006(b), Dec. 22, 2006, 120 Stat. 3466, 3468; Pub. L. 110–157, title I, §101, Dec. 26, 2007, 121 Stat. 1831; Pub. L. 110–324, §3(a), Sept. 24, 2008, 122 Stat. 3550; Pub. L. 111–37, §3(a), June 30, 2009, 123 Stat. 1928; Pub. L. 111–275, title VI, §601(a), (b)(1), title X, §1001(b), Oct. 13, 2010, 124 Stat. 2884, 2896.)


Editorial Notes

Amendments

2010—Subsec. (m). Pub. L. 111–275, §601(a)(1), substituted "both legs with factors" for "both legs at a level, or with complications," and "one leg with factors" for "one leg at levels, or with complications,".

Subsec. (n). Pub. L. 111–275, §601(a)(2), substituted "both arms with factors" for "both arms at levels, or with complications,", "both legs with factors that" for "both legs so near the hip as to", and "one leg with factors that" for "one leg so near the shoulder and hip as to".

Subsec. (o). Pub. L. 111–275, §601(a)(3), substituted "with factors that" for "so near the shoulder as to".

Subsec. (p). Pub. L. 111–275, §601(b)(1)(A), substituted a period for the semicolon at end.

Subsec. (r)(2). Pub. L. 111–275, §1001(b), substituted "$2,983" for "$$2,983".

Subsec. (t). Pub. L. 111–275, §601(b)(1)(B), added subsec. (t).

2009—Subsec. (a). Pub. L. 111–37, §3(a)(1), substituted "$123" for "$117".

Subsec. (b). Pub. L. 111–37, §3(a)(2), substituted "$243" for "$230".

Subsec. (c). Pub. L. 111–37, §3(a)(3), substituted "$376" for "$356".

Subsec. (d). Pub. L. 111–37, §3(a)(4), substituted "$541" for "$512".

Subsec. (e). Pub. L. 111–37, §3(a)(5), substituted "$770" for "$728".

Subsec. (f). Pub. L. 111–37, §3(a)(6), substituted "$974" for "$921".

Subsec. (g). Pub. L. 111–37, §3(a)(7), substituted "$1,228" for "$1,161".

Subsec. (h). Pub. L. 111–37, §3(a)(8), substituted "$1,427" for "$1,349".

Subsec. (i). Pub. L. 111–37, §3(a)(9), substituted "$1,604" for "$1,517".

Subsec. (j). Pub. L. 111–37, §3(a)(10), substituted "$2,673" for "$2,527".

Subsec. (k). Pub. L. 111–37, §3(a)(11), substituted "$96" for "$91" in two places and substituted "$3,327" and "$4,667" for "$3,145" and "$4,412", respectively.

Subsec. (l). Pub. L. 111–37, §3(a)(12), substituted "$3,327" for "$3,145".

Subsec. (m). Pub. L. 111–37, §3(a)(13), substituted "$3,671" for "$3,470".

Subsec. (n). Pub. L. 111–37, §3(a)(14), substituted "$4,176" for "$3,948".

Subsecs. (o), (p). Pub. L. 111–37, §3(a)(15), substituted "$4,667" for "$4,412" wherever appearing.

Subsec. (r)(1). Pub. L. 111–37, §3(a)(16), substituted "$2,002" for "$1,893".

Subsec. (r)(2). Pub. L. 111–37, §3(a)(16), substituted "$2,983" for "$2,820".

Subsec. (s). Pub. L. 111–37, §3(a)(17), substituted "$2,993" for "$2,829".

2008—Subsec. (a). Pub. L. 110–324, §3(a)(1), substituted "$117" for "$115".

Subsec. (b). Pub. L. 110–324, §3(a)(2), substituted "$230" for "$225".

Subsec. (c). Pub. L. 110–324, §3(a)(3), substituted "$356" for "$348".

Subsec. (d). Pub. L. 110–324, §3(a)(4), substituted "$512" for "$501".

Subsec. (e). Pub. L. 110–324, §3(a)(5), substituted "$728" for "$712".

Subsec. (f). Pub. L. 110–324, §3(a)(6), substituted "$921" for "$901".

Subsec. (g). Pub. L. 110–324, §3(a)(7), substituted "$1,161" for "$1,135".

Subsec. (h). Pub. L. 110–324, §3(a)(8), substituted "$1,349" for "$1,319".

Subsec. (i). Pub. L. 110–324, §3(a)(9), substituted "$1,517" for "$1,483".

Subsec. (j). Pub. L. 110–324, §3(a)(10), substituted "$2,527" for "$2,471".

Subsec. (k). Pub. L. 110–324, §3(a)(11), substituted "$91" for "$89" in two places and substituted "$3,145" and "$4,412" for "$3,075" and "$4,313", respectively.

Subsec. (l). Pub. L. 110–324, §3(a)(12), substituted "$3,145" for "$3,075".

Subsec. (m). Pub. L. 110–324, §3(a)(13), substituted "$3,470" for "$3,392".

Subsec. (n). Pub. L. 110–324, §3(a)(14), substituted "$3,948" for "$3,860".

Subsecs. (o), (p). Pub. L. 110–324, §3(a)(15), substituted "$4,412" for "$4,313" wherever appearing.

Subsec. (r)(1). Pub. L. 110–324, §3(a)(16), substituted "$1,893" for "$1,851".

Subsec. (r)(2). Pub. L. 110–324, §3(a)(16), substituted "$2,820" for "$2,757".

Subsec. (s). Pub. L. 110–324, §3(a)(17), substituted "$2,829" for "$2,766".

2007—Subsec. (o). Pub. L. 110–157 substituted "20/200" for "5/200".

2006Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Subsec. (a). Pub. L. 109–461, §1005(a)(1), substituted "$115" for "$112".

Pub. L. 109–444, §9(a)(1), which substituted "$115" for "$112", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (b). Pub. L. 109–461, §1005(a)(2), substituted "$225" for "$218".

Pub. L. 109–444, §9(a)(2), which substituted "$225" for "$218", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (c). Pub. L. 109–461, §1005(a)(3), substituted "$348" for "$337".

Pub. L. 109–444, §9(a)(3), which substituted "$348" for "$337", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (d). Pub. L. 109–461, §1005(a)(4), substituted "$501" for "$485".

Pub. L. 109–444, §9(a)(4), which substituted "$501" for "$485", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (e). Pub. L. 109–461, §1005(a)(5), substituted "$712" for "$690".

Pub. L. 109–444, §9(a)(5), which substituted "$712" for "$690", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (f). Pub. L. 109–461, §1005(a)(6), substituted "$901" for "$873".

Pub. L. 109–444, §9(a)(6), which substituted "$901" for "$873", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (g). Pub. L. 109–461, §1005(a)(7), substituted "$1,135" for "$1,099".

Pub. L. 109–444, §9(a)(7), which substituted "$1,135" for "$1,099", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (h). Pub. L. 109–461, §1005(a)(8), substituted "$1,319" for "$1,277".

Pub. L. 109–444, §9(a)(8), which substituted "$1,319" for "$1,277", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (i). Pub. L. 109–461, §1005(a)(9), substituted "$1,483" for "$1,436".

Pub. L. 109–444, §9(a)(9), which substituted "$1,483" for "$1,436", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (j). Pub. L. 109–461, §1005(a)(10), substituted "$2,471" for "$2,393".

Pub. L. 109–444, §9(a)(10), which substituted "$2,471" for "$2,393", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (k). Pub. L. 109–461, §1005(a)(11), substituted "$89" for "$87" in two places and substituted "$3,075" and "$4,313" for "$2,977" and "$4,176", respectively.

Pub. L. 109–444, §9(a)(11), which substituted "$89" for "$87" in two places and substituted "$3,075" and "$4,313" for "$2,977" and "$4,176", respectively, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (l). Pub. L. 109–461, §1005(a)(12), substituted "$3,075" for "$2,977".

Pub. L. 109–444, §9(a)(12), which substituted "$3,075" for "$2,977", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Pub. L. 109–233, §502(1), substituted "with such significant disabilities" for "so helpless".

Subsec. (m). Pub. L. 109–461, §1005(a)(13), substituted "$3,392" for "$3,284".

Pub. L. 109–444, §9(a)(13), which substituted "$3,392" for "$3,284", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Pub. L. 109–233, §502(2), substituted "so significantly disabled" for "so helpless".

Subsec. (n). Pub. L. 109–461, §1005(a)(14), substituted "$3,860" for "$3,737".

Pub. L. 109–444, §9(a)(14), which substituted "$3,860" for "$3,737", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsecs. (o), (p). Pub. L. 109–461, §1005(a)(15), substituted "$4,313" for "$4,176" wherever appearing.

Pub. L. 109–444, §9(a)(15), which substituted "$4,313" for "$4,176" wherever appearing, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (r). Pub. L. 109–461, §1005(a)(16), substituted "$1,851" and "$2,757" for "$1,792" and "2,669", respectively.

Pub. L. 109–444, §9(a)(16), which substituted "$1,851" and "$2,757" for "$1,792" and "2,669", respectively, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Subsec. (s). Pub. L. 109–461, §1005(a)(17), substituted "$2,766" for "$2,678".

Pub. L. 109–444, §9(a)(17), which substituted "$2,766" for "$2,678", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

2005—Subsec. (a). Pub. L. 109–111, §2(a)(1), substituted "$112" for "$106".

Subsec. (b). Pub. L. 109–111, §2(a)(2), substituted "$218" for "$205".

Subsec. (c). Pub. L. 109–111, §2(a)(3), substituted "$337" for "$316".

Subsec. (d). Pub. L. 109–111, §2(a)(4), substituted "$485" for "$454".

Subsec. (e). Pub. L. 109–111, §2(a)(5), substituted "$690" for "$646".

Subsec. (f). Pub. L. 109–111, §2(a)(6), substituted "$873" for "$817".

Subsec. (g). Pub. L. 109–111, §2(a)(7), substituted "$1,099" for "$1,029".

Subsec. (h). Pub. L. 109–111, §2(a)(8), substituted "$1,277" for "$1,195".

Subsec. (i). Pub. L. 109–111, §2(a)(9), substituted "$1,436" for "$1,344".

Subsec. (j). Pub. L. 109–111, §2(a)(10), substituted "$2,393" for "$2,239".

Subsec. (k). Pub. L. 109–111, §2(a)(11), substituted "$87" for "$82" in two places and substituted "$2,977" and "$4,176" for "$2,785" and "$3,907", respectively.

Subsec. (l). Pub. L. 109–111, §2(a)(12), substituted "$2,977" for "$2,785".

Subsec. (m). Pub. L. 109–111, §2(a)(13), substituted "$3,284" for "$3,073".

Subsec. (n). Pub. L. 109–111, §2(a)(14), substituted "$3,737" for "$3,496".

Subsecs. (o), (p). Pub. L. 109–111, §2(a)(15), substituted "$4,176" for "$3,907" wherever appearing.

Subsec. (r). Pub. L. 109–111, §2(a)(16), substituted "$1,792" and "$2,669" for "$1,677" and "$2,497", respectively.

Subsec. (s). Pub. L. 109–111, §2(a)(17), substituted "$2,678" for "$2,506".

2004—Subsec. (a). Pub. L. 108–454, §307(a)(1), substituted "$106" for "$104".

Subsec. (b). Pub. L. 108–454, §307(a)(2), substituted "$205" for "$201".

Subsec. (c). Pub. L. 108–454, §307(a)(3), substituted "$316" for "$310".

Subsec. (d). Pub. L. 108–454, §307(a)(4), substituted "$454" for "$445".

Subsec. (e). Pub. L. 108–454, §307(a)(5), substituted "$646" for "$633".

Subsec. (f). Pub. L. 108–454, §307(a)(6), substituted "$817" for "$801".

Subsec. (g). Pub. L. 108–454, §307(a)(7), substituted "$1,029" for "$1,008".

Subsec. (h). Pub. L. 108–454, §307(a)(8), substituted "$1,195" for "$1,171".

Subsec. (i). Pub. L. 108–454, §307(a)(9), substituted "$1,344" for "$1,317".

Subsec. (j). Pub. L. 108–454, §307(a)(10), substituted "$2,239" for "$2,193".

Subsec. (k). Pub. L. 108–454, §307(a)(11), substituted "$82" for "$81" in two places and substituted "$2,785" and "$3,907" for "$2,728" and "$3,827", respectively.

Subsec. (l). Pub. L. 108–454, §307(a)(12), substituted "$2,785" for "$2,728".

Subsec. (m). Pub. L. 108–454, §307(a)(13), substituted "$3,073" for "$3,010".

Subsec. (n). Pub. L. 108–454, §307(a)(14), substituted "$3,496" for "$3,425".

Subsecs. (o), (p). Pub. L. 108–454, §307(a)(15), substituted "$3,907" for "$3,827" wherever appearing.

Subsec. (r). Pub. L. 108–454, §307(a)(16), substituted "$1,677" and "$2,497" for "$1,643" and "$2,446", respectively.

Subsec. (s). Pub. L. 108–454, §307(a)(17), substituted "$2,506" for "$2,455".

2002—Subsec. (a). Pub. L. 107–330, §309(a)(1), substituted "$104" for "$103".

Subsec. (b). Pub. L. 107–330, §309(a)(2), substituted "$201" for "$199".

Subsec. (c). Pub. L. 107–330, §309(a)(3), substituted "$310" for "$306".

Subsec. (d). Pub. L. 107–330, §309(a)(4), substituted "$445" for "$439".

Subsec. (e). Pub. L. 107–330, §309(a)(5), substituted "$633" for "$625".

Subsec. (f). Pub. L. 107–330, §309(a)(6), substituted "$801" for "$790".

Subsec. (g). Pub. L. 107–330, §309(a)(7), substituted "$1,008" for "$995".

Subsec. (h). Pub. L. 107–330, §309(a)(8), substituted "$1,171" for "$1,155".

Subsec. (i). Pub. L. 107–330, §309(a)(9), substituted "$1,317" for "$1,299".

Subsec. (j). Pub. L. 107–330, §309(a)(10), substituted "$2,193" for "$2,163".

Subsec. (k). Pub. L. 107–330, §309(a)(11), substituted "$81" for "$80" in two places and substituted "$2,728" and "$3,827" for "$2,691" and "$3,775", respectively.

Pub. L. 107–330, §102, substituted "25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue" for "one or both breasts (including loss by mastectomy)".

Subsec. (l). Pub. L. 107–330, §309(a)(12), substituted "$2,728" for "$2,691".

Subsec. (m). Pub. L. 107–330, §309(a)(13), substituted "$3,010" for "$2,969".

Subsec. (n). Pub. L. 107–330, §309(a)(14), substituted "$3,425" for "$3,378".

Subsecs. (o), (p). Pub. L. 107–330, §309(a)(15), substituted "$3,827" for "$3,775" wherever appearing.

Subsec. (r). Pub. L. 107–330, §309(a)(16), substituted "$1,643" and "$2,446" for "$1,621" and "$2,413", respectively.

Subsec. (s). Pub. L. 107–330, §309(a)(17), substituted "$2,455" for "$2,422".

2001—Subsec. (a). Pub. L. 107–94, §2(a)(1), substituted "$103" for "$98".

Subsec. (b). Pub. L. 107–94, §2(a)(2), substituted "$199" for "$188".

Subsec. (c). Pub. L. 107–94, §2(a)(3), substituted "$306" for "$288".

Subsec. (d). Pub. L. 107–94, §2(a)(4), substituted "$439" for "$413".

Subsec. (e). Pub. L. 107–94, §2(a)(5), substituted "$625" for "$589".

Subsec. (f). Pub. L. 107–94, §2(a)(6), substituted "$790" for "$743".

Subsec. (g). Pub. L. 107–94, §2(a)(7), substituted "$995" for "$937".

Subsec. (h). Pub. L. 107–94, §2(a)(8), substituted "$1,155" for "$1,087".

Subsec. (i). Pub. L. 107–94, §2(a)(9), substituted "$1,299" for "$1,224".

Subsec. (j). Pub. L. 107–94, §2(a)(10), substituted "$2,163" for "$2,036".

Subsec. (k). Pub. L. 107–94, §2(a)(11), substituted "$80" for "$76" in two places, "$2,691" for "$2,533", and "$3,775" for "$3,553".

Subsec. (l). Pub. L. 107–94, §2(a)(12), substituted "$2,691" for "$2,533".

Subsec. (m). Pub. L. 107–94, §2(a)(13), substituted "$2,969" for "$2,794".

Subsec. (n). Pub. L. 107–94, §2(a)(14), substituted "$3,378" for "$3,179".

Subsecs. (o), (p). Pub. L. 107–94, §2(a)(15), substituted "$3,775" for "$3,553" wherever appearing.

Subsec. (r). Pub. L. 107–103 substituted "section 5503(c)" for "section 5503(e)" in introductory provisions.

Subsec. (r)(1). Pub. L. 107–94, §2(a)(16), substituted "$1,621" for "$1,525".

Subsec. (r)(2). Pub. L. 107–94, §2(a)(16), substituted "$2,413" for "$2,271".

Subsec. (s). Pub. L. 107–94, §2(a)(17), substituted "$2,422" for "$2,280".

2000—Subsec. (k). Pub. L. 106–419 substituted "has suffered complete organic" for "or has suffered complete organic" and inserted "or, in the case of a woman veteran, has suffered the anatomical loss of one or both breasts (including loss by mastectomy)," after "air and bone conduction,".

1999—Subsec. (a). Pub. L. 106–118, §2(a)(1), substituted "$98" for "$95".

Subsec. (b). Pub. L. 106–118, §2(a)(2), substituted "$188" for "$182".

Subsec. (c). Pub. L. 106–118, §2(a)(3), substituted "$288" for "$279".

Subsec. (d). Pub. L. 106–118, §2(a)(4), substituted "$413" for "$399".

Subsec. (e). Pub. L. 106–118, §2(a)(5), substituted "$589" for "$569".

Subsec. (f). Pub. L. 106–118, §2(a)(6), substituted "$743" for "$717".

Subsec. (g). Pub. L. 106–118, §2(a)(7), substituted "$937" for "$905".

Subsec. (h). Pub. L. 106–118, §2(a)(8), substituted "$1,087" for "$1,049".

Subsec. (i). Pub. L. 106–118, §2(a)(9), substituted "$1,224" for "$1,181".

Subsec. (j). Pub. L. 106–118, §2(a)(10), substituted "$2,036" for "$1,964".

Subsec. (k). Pub. L. 106–118, §2(a)(11), substituted "$76" for "$75" in two places and substituted "$2,533" and "$3,553" for "$2,443" and "$3,426", respectively.

Subsec. (l). Pub. L. 106–118, §2(a)(12), substituted "$2,533" for "$2,443".

Subsec. (m). Pub. L. 106–118, §2(a)(13), substituted "$2,794" for "$2,694".

Subsec. (n). Pub. L. 106–118, §2(a)(14), substituted "$3,179" for "$3,066".

Subsecs. (o), (p). Pub. L. 106–118, §2(a)(15), substituted "$3,553" for "$3,426" wherever appearing.

Subsec. (r). Pub. L. 106–118, §2(a)(16), substituted "$1,525" and "$2,271" for "$1,471" and "$2,190", respectively.

Subsec. (s). Pub. L. 106–118, §2(a)(17), substituted "$2,280" for "$2,199".

1997—Subsec. (a). Pub. L. 105–98, §2(a)(1), substituted "$95" for "$87".

Subsec. (b). Pub. L. 105–98, §2(a)(2), substituted "$182" for "$166".

Subsec. (c). Pub. L. 105–98, §2(a)(3), substituted "$279" for "$253".

Subsec. (d). Pub. L. 105–98, §2(a)(4), substituted "$399" for "$361".

Subsec. (e). Pub. L. 105–98, §2(a)(5), substituted "$569" for "$515".

Subsec. (f). Pub. L. 105–98, §2(a)(6), substituted "$717" for "$648".

Subsec. (g). Pub. L. 105–98, §2(a)(7), substituted "$905" for "$819".

Subsec. (h). Pub. L. 105–98, §2(a)(8), substituted "$1,049" for "$948".

Subsec. (i). Pub. L. 105–98, §2(a)(9), substituted "$1,181" for "$1,067".

Subsec. (j). Pub. L. 105–98, §2(a)(10), substituted "$1,964" for "$1,774".

Subsec. (k). Pub. L. 105–98, §2(a)(11), substituted "$75" for "$70" in two places and substituted "$2,443" and "$3,426" for "$2,207" and "$3,093", respectively.

Subsec. (l). Pub. L. 105–98, §2(a)(12), substituted "$2,443" for "$2,207".

Subsec. (m). Pub. L. 105–98, §2(a)(13), substituted "$2,694" for "$2,432".

Subsec. (n). Pub. L. 105–98, §2(a)(14), substituted "$3,066" for "$2,768".

Subsecs. (o), (p). Pub. L. 105–98, §2(a)(15), substituted "$3,426" for "$3,093" wherever appearing.

Subsec. (r). Pub. L. 105–98, §2(a)(16), substituted "$1,471" and "$2,190" for "$1,328" and "$1,978", respectively.

Subsec. (s). Pub. L. 105–98, §2(a)(17), substituted "$2,199" for "$1,985".

1993—Subsec. (a). Pub. L. 103–140, §2(1), substituted "$87" for "$85".

Pub. L. 103–78, §1(1), substituted "$85" for "$83".

Subsec. (b). Pub. L. 103–140, §2(2), substituted "$166" for "$162".

Pub. L. 103–78, §1(2), substituted "$162" for "$157".

Subsec. (c). Pub. L. 103–140, §2(3), substituted "$253" for "$247".

Pub. L. 103–78, §1(3), substituted "$247" for "$240".

Subsec. (d). Pub. L. 103–140, §2(4), substituted "$361" for "$352".

Pub. L. 103–78, §1(4), substituted "$352" for "$342".

Subsec. (e). Pub. L. 103–140, §2(5), substituted "$515" for "$502".

Pub. L. 103–78, §1(5), substituted "$502" for "$487".

Subsec. (f). Pub. L. 103–140, §2(6), substituted "$648" for "$632".

Pub. L. 103–78, §1(6), substituted "$632" for "$614".

Subsec. (g). Pub. L. 103–140, §2(7), substituted "$819" for "$799".

Pub. L. 103–78, §1(7), substituted "$799" for "$776".

Subsec. (h). Pub. L. 103–140, §2(8), substituted "$948" for "$924".

Pub. L. 103–78, §1(8), substituted "$924" for "$897".

Subsec. (i). Pub. L. 103–140, §2(9), substituted "$1,067" for "$1,040".

Pub. L. 103–78, §1(9), substituted "$1,040" for "$1,010".

Subsec. (j). Pub. L. 103–140, §2(10), substituted "$1,774" for "$1,730".

Pub. L. 103–78, §1(10), substituted "$1,730" for "$1,680".

Subsec. (k). Pub. L. 103–140, §2(11), substituted "$2,207" and "$3,093" for "$2,152" and "$3,015", respectively.

Pub. L. 103–78, §1(11), which directed the substitution of "$70" for "$68", was executed by making the substitution in two places to reflect the probable intent of Congress.

Pub. L. 103–78, §1(11), substituted "$2,152" and "$3,015" for "$2,089" and "$2,927", respectively.

Subsec. (l). Pub. L. 103–140, §2(12), substituted "$2,207" for "$2,152".

Pub. L. 103–78, §1(12), substituted "$2,152" for "$2,089".

Subsec. (m). Pub. L. 103–140, §2(13), substituted "$2,432" for "$2,371".

Pub. L. 103–78, §1(13), substituted "$2,371" for "$2,302".

Subsec. (n). Pub. L. 103–140, §2(14), substituted "$2,768" for "$2,698".

Pub. L. 103–78, §1(14), substituted "$2,698" for "$2,619".

Subsec. (o). Pub. L. 103–140, §2(15), substituted "$3,093" for "$3,015".

Pub. L. 103–78, §1(15), substituted "$3,015" for "$2,927".

Subsec. (p). Pub. L. 103–140, §2(15), substituted "$3,093" for "$3,015" wherever appearing.

Pub. L. 103–78, §1(15), substituted "$3,015" for "$2,927" wherever appearing.

Subsec. (r). Pub. L. 103–140, §2(16), substituted "$1,328" for "$1,295" in par. (1) and "$1,978" for "$1,928" in par. (2).

Pub. L. 103–78, §1(16), substituted "$1,295" for "$1,257" in par. (1) and "$1,928" for "$1,872" in par. (2).

Subsec. (s). Pub. L. 103–140, §2(17), substituted "$1,985" for "$1,935".

Pub. L. 103–78, §1(17), substituted "$1,935" for "$1,879".

1991Pub. L. 102–83, §5(a), renumbered section 314 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1110" for "310" in introductory provisions.

Subsec. (a). Pub. L. 102–152, §2(a)(1), substituted "$83" for "$80".

Pub. L. 102–3, §2(a)(1), substituted "$80" for "$76".

Subsec. (b). Pub. L. 102–152, §2(a)(2), substituted "$157" for "$151".

Pub. L. 102–3, §2(a)(2), substituted "$151" for "$144".

Subsec. (c). Pub. L. 102–152, §2(a)(3), substituted "$240" for "$231".

Pub. L. 102–3, §2(a)(3), substituted "$231" for "$220".

Subsec. (d). Pub. L. 102–152, §2(a)(4), substituted "$342" for "$330".

Pub. L. 102–3, §2(a)(4), substituted "$330" for "$314".

Subsec. (e). Pub. L. 102–152, §2(a)(5), substituted "$487" for "$470".

Pub. L. 102–3, §2(a)(5), substituted "$470" for "$446".

Subsec. (f). Pub. L. 102–152, §2(a)(6), substituted "$614" for "$592".

Pub. L. 102–3, §2(a)(6), substituted "$592" for "$562".

Subsec. (g). Pub. L. 102–152, §2(a)(7), substituted "$776" for "$748".

Pub. L. 102–3, §2(a)(7), substituted "$748" for "$710".

Subsec. (h). Pub. L. 102–152, §2(a)(8), substituted "$897" for "$865".

Pub. L. 102–3, §2(a)(8), substituted "$865" for "$821".

Subsec. (i). Pub. L. 102–152, §2(a)(9), substituted "$1,010" for "$974".

Pub. L. 102–3, §2(a)(9), substituted "$974" for "$925".

Subsec. (j). Pub. L. 102–152, §2(a)(10), substituted "$1,680" for "$1,620".

Pub. L. 102–3, §2(a)(10), substituted "$1,620" for "$1,537".

Subsec. (k). Pub. L. 102–152, §2(a)(11), substituted "$68" for "$66" in two places and "$2,089" and "$2,927" for "$2,014" and "$2,823", respectively.

Pub. L. 102–3, §2(a)(11), substituted "$2,014" for "$1,911" and "$2,823" for "$2,679".

Subsec. (l). Pub. L. 102–152, §2(a)(12), substituted "$2,089" for "$2,014".

Pub. L. 102–3, §2(a)(12), substituted "$2,014" for "$1,911".

Subsec. (m). Pub. L. 102–152, §2(a)(13), substituted "$2,302" for "$2,220".

Pub. L. 102–3, §2(a)(13), substituted "$2,220" for "$2,107".

Subsec. (n). Pub. L. 102–152, §2(a)(14), substituted "$2,619" for "$2,526".

Pub. L. 102–3, §2(a)(14), substituted "$2,526" for "$2,397".

Subsec. (o). Pub. L. 102–152, §2(a)(15), substituted "$2,927" for "$2,823".

Pub. L. 102–3, §2(a)(15), substituted "$2,823" for "$2,679".

Subsec. (p). Pub. L. 102–152, §2(a)(15), substituted "$2,927" for "$2,823" wherever appearing.

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Pub. L. 102–3, §2(a)(15), substituted "$2,823" for "$2,679" wherever appearing.

Subsec. (r). Pub. L. 102–152, §2(a)(16), substituted "$1,257" for "$1,212" in par. (1) and "$1,872" for "$1,805" in par. (2).

Pub. L. 102–83, §5(c)(1), substituted "1134" for "334" in last sentence.

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in par. (2).

Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in penultimate sentence.

Pub. L. 102–40 substituted "5503(e)" for "3203(e)" in introductory provisions.

Pub. L. 102–3, §2(a)(16), substituted "$1,212" for "$1,150" in par. (1) and "$1,805" for "$1,713" in par. (2).

Subsec. (s). Pub. L. 102–152, §2(a)(17), substituted "$1,879" for "$1,812".

Pub. L. 102–3, §2(a)(17), substituted "$1,812" for "$1,720".

1989—Subsec. (a). Pub. L. 101–237, §101(a)(1), substituted "$76" for "$73".

Subsec. (b). Pub. L. 101–237, §101(a)(2), substituted "$144" for "$138".

Subsec. (c). Pub. L. 101–237, §101(a)(3), substituted "$220" for "$210".

Subsec. (d). Pub. L. 101–237, §101(a)(4), substituted "$314" for "$300".

Subsec. (e). Pub. L. 101–237, §101(a)(5), substituted "$446" for "$426".

Subsec. (f). Pub. L. 101–237, §101(a)(6), substituted "$562" for "$537".

Subsec. (g). Pub. L. 101–237, §101(a)(7), substituted "$710" for "$678".

Subsec. (h). Pub. L. 101–237, §101(a)(8), substituted "$821" for "$784".

Subsec. (i). Pub. L. 101–237, §101(a)(9), substituted "$925" for "$883".

Subsec. (j). Pub. L. 101–237, §101(a)(10), substituted "$1,537" for "$1,468".

Subsec. (k). Pub. L. 101–237, §101(a)(11), substituted "$66" for "$63" in two places and substituted "$1,911" and "$2,679" for "$1,825" and "$2,559", respectively.

Subsec. (l). Pub. L. 101–237, §101(a)(12), substituted "$1,911" for "$1,825".

Subsec. (m). Pub. L. 101–237, §101(a)(13), substituted "$2,107" for "$2,012".

Subsec. (n). Pub. L. 101–237, §101(a)(14), substituted "$2,397" for "$2,289".

Subsecs. (o), (p). Pub. L. 101–237, §101(a)(15), substituted "$2,679" for "$2,559" wherever appearing.

Subsec. (r). Pub. L. 101–237, §101(a)(16), substituted "$1,150" and "$1,713" for "$1,098" and "$1,636", respectively.

Subsec. (s). Pub. L. 101–237, §101(a)(17), substituted "$1,720" for "$1,643".

1988—Subsec. (a). Pub. L. 100–687, §1101(a)(1), substituted "$73" for "$71".

Subsec. (b). Pub. L. 100–687, §1101(a)(2), substituted "$138" for "$133".

Subsec. (c). Pub. L. 100–687, §1101(a)(3), substituted "$210" for "$202".

Subsec. (d). Pub. L. 100–687, §1101(a)(4), substituted "$300" for "$289".

Subsec. (e). Pub. L. 100–687, §1101(a)(5), substituted "$426" for "$410".

Subsec. (f). Pub. L. 100–687, §1101(a)(6), substituted "$537" for "$516".

Subsec. (g). Pub. L. 100–687, §1101(a)(7), substituted "$678" for "$652".

Subsec. (h). Pub. L. 100–687, §1101(a)(8), substituted "$784" for "$754".

Subsec. (i). Pub. L. 100–687, §1101(a)(9), substituted "$883" for "$849".

Subsec. (j). Pub. L. 100–687, §1101(a)(10), substituted "$1,468" for "$1,411".

Subsec. (k). Pub. L. 100–687, §1101(a)(11), substituted "$1,825" and "$2,559" for "$1,754" and "$2,459", respectively.

Subsec. (l). Pub. L. 100–687, §1101(a)(12), substituted "$1,825" for "$1,754".

Subsec. (m). Pub. L. 100–687, §1101(a)(13), substituted "$2,012" for "$1,933".

Subsec. (n). Pub. L. 100–687, §1101(a)(14), substituted "$2,289" for "$2,199".

Subsecs. (o), (p). Pub. L. 100–687, §1101(a)(15), substituted "$2,559" for "$2,459" wherever appearing.

Subsec. (r). Pub. L. 100–687, §1101(a)(16), substituted "$1,098" and "$1,636" for "$1,055" and "$1,572", respectively.

Subsec. (s). Pub. L. 100–687, §1101(a)(17), substituted "$1,643" for "$1,579".

1987—Subsec. (a). Pub. L. 100–227, §101(a)(1), substituted "$71" for "$69".

Subsec. (b). Pub. L. 100–227, §101(a)(2), substituted "$133" for "$128".

Subsec. (c). Pub. L. 100–227, §101(a)(3), substituted "$202" for "$194".

Subsec. (d). Pub. L. 100–227, §101(a)(4), substituted "$289" for "$278".

Subsec. (e). Pub. L. 100–227, §101(a)(5), substituted "$410" for "$394".

Subsec. (f). Pub. L. 100–227, §101(a)(6), substituted "$516" for "$496".

Subsec. (g). Pub. L. 100–227, §101(a)(7), substituted "$652" for "$626".

Subsec. (h). Pub. L. 100–227, §101(a)(8), substituted "$754" for "$724".

Subsec. (i). Pub. L. 100–227, §101(a)(9), substituted "$849" for "$815".

Subsec. (j). Pub. L. 100–227, §101(a)(10), substituted "$1,411" for "$1,355".

Subsec. (k). Pub. L. 100–227, §101(a)(11), substituted "$1,754" and "$2,459" for "$1,684" and "$2,360", respectively.

Subsec. (l). Pub. L. 100–227, §101(a)(12), substituted "$1,754" for "$1,684".

Subsec. (m). Pub. L. 100–227, §101(a)(13), substituted "$1,933" for "$1,856".

Subsec. (n). Pub. L. 100–227, §101(a)(14), substituted "$2,199" for "$2,111".

Subsecs. (o), (p). Pub. L. 100–227, §101(a)(15), substituted "$2,459" for "$2,360" wherever appearing.

Subsec. (r). Pub. L. 100–227, §101(a)(16), substituted "$1,055" and "$1,572" for "$1,013" and "$1,509", respectively.

Subsec. (s). Pub. L. 100–227, §101(a)(17), substituted "$1,579" for "$1,516".

1986—Subsec. (a). Pub. L. 99–576, §101(a)(1), substituted "$69" for "$68".

Pub. L. 99–238, §101(a)(1), substituted "$68" for "$66".

Subsec. (b). Pub. L. 99–576, §101(a)(2), substituted "$128" for "$126".

Pub. L. 99–238, §101(a)(2), substituted "$126" for "$122".

Subsec. (c). Pub. L. 99–576, §101(a)(3), substituted "$194" for "$191".

Pub. L. 99–238, §101(a)(3), substituted "$191" for "$185".

Subsec. (d). Pub. L. 99–576, §101(a)(4), substituted "$278" for "$274".

Pub. L. 99–238, §101(a)(4), substituted "$274" for "$266".

Subsec. (e). Pub. L. 99–576, §101(a)(5), substituted "$394" for "$388".

Pub. L. 99–238, §101(a)(5), substituted "$388" for "$376".

Subsec. (f). Pub. L. 99–576, §101(a)(6), substituted "$496" for "$489".

Pub. L. 99–238, §101(a)(6), substituted "$489" for "$474".

Subsec. (g). Pub. L. 99–576, §101(a)(7), substituted "$626" for "$617".

Pub. L. 99–238, §101(a)(7), substituted "$617" for "$598".

Subsec. (h). Pub. L. 99–576, §101(a)(8), substituted "$724" for "$713".

Pub. L. 99–238, §101(a)(8), substituted "$713" for "$692".

Subsec. (i). Pub. L. 99–576, §101(a)(9), substituted "$815" for "$803".

Pub. L. 99–238, §101(a)(9), substituted "$803" for "$779".

Subsec. (j). Pub. L. 99–576, §101(a)(10), substituted "$1,355" for "$1,335".

Pub. L. 99–238, §101(a)(10), substituted "$1,335" for "$1,295".

Subsec. (k). Pub. L. 99–576, §101(a)(11), substituted "$63", "$1,684", and "$2,360" for "$62", "$1,659", and "$2,325", respectively.

Pub. L. 99–238, §101(a)(11), substituted "$1,659" and "$2,325" for "$1,609" and "$2,255", respectively.

Subsec. (l). Pub. L. 99–576, §101(a)(12), substituted "$1,684" for "$1,659".

Pub. L. 99–238, §101(a)(12), substituted "$1,659" for "$1,609".

Subsec. (m). Pub. L. 99–576, §101(a)(13), substituted "$1,856" for "$1,829".

Pub. L. 99–238, §101(a)(13), substituted "$1,829" for "$1,774".

Subsec. (n). Pub. L. 99–576, §101(a)(14), substituted "$2,111" for "$2,080".

Pub. L. 99–238, §101(a)(14), substituted "$2,080" for "$2,017".

Subsecs. (o), (p). Pub. L. 99–576, §101(a)(15), substituted "$2,360" for "$2,325" wherever appearing.

Pub. L. 99–238, §101(a)(15), substituted "$2,325" for "$2,255" wherever appearing.

Subsec. (r). Pub. L. 99–576, §101(a)(16), substituted "$1,013" and "$1,509" for "$998" and "$1,487", respectively.

Pub. L. 99–238, §101(a)(16), substituted "$998" and "$1,487" for "$968" and "$1,442", respectively.

Subsec. (s). Pub. L. 99–576, §101(a)(17), substituted "$1,516" for "$1,494".

Pub. L. 99–238, §101(a)(17), substituted "$1,494" for "$1,449".

Subsec. (t). Pub. L. 99–576, §109(b), struck out subsec. (t) which read as follows:

"(1) If the veteran (A) is entitled to receive compensation at any rate provided for under subsections (a) through (i) of this section and compensation under subsection (k) of this section, (B) has suffered the loss or loss of use of an extremity as a result of a service-connected disability ratable at 40 percent or more, and (C) has suffered the loss or loss of use of the paired extremity as a result of a non-service-connected disability, not the result of the veteran's own willful misconduct, that would be rated, if service-connected, at 40 percent or more, the monthly rate of compensation payable to such veteran shall be increased by $289.

"(2) If a veteran described in paragraph (1) of this subsection 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 non-service-connected disability described in such paragraph, the increase in the rate of compensation otherwise payable under this subsection 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 of the amount of such increase that would otherwise have been payable equals the total of the amount of any such money received and the fair market value of any such property received."

Pub. L. 99–238, §101(a)(18), substituted "$289" for "$280" in par. (1).

1984—Subsec. (a). Pub. L. 98–543, §101(a)(1), substituted "$66" for "$64".

Pub. L. 98–223, §101(a)(1), substituted "$64" for "$62".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (b). Pub. L. 98–543, §101(a)(2), substituted "$122" for "$118".

Pub. L. 98–223, §101(a)(2), substituted "$118" for "$114".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (c). Pub. L. 98–543, §101(a)(3), substituted "$185" for "$179".

Pub. L. 98–223, §101(a)(3), substituted "$179" for "$173".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (d). Pub. L. 98–543, §101(a)(4), substituted "$266" for "$258".

Pub. L. 98–223, §101(a)(4), substituted "$258" for "$249".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (e). Pub. L. 98–543, §101(a)(5), substituted "376" for "364".

Pub. L. 98–223, §101(a)(5), substituted "$364" for "$352".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (f). Pub. L. 98–543, §101(a)(6), substituted "$474" for "$459".

Pub. L. 98–223, §101(a)(6), substituted "$459" for "$443".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (g). Pub. L. 98–543, §101(a)(7), substituted "$598" for "$579".

Pub. L. 98–223, §101(a)(7), substituted "$579" for "$559".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (h). Pub. L. 98–543, §101(a)(8), substituted "$692" for "$671".

Pub. L. 98–223, §101(a)(8), substituted "$671" for "$648".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (i). Pub. L. 98–543, §101(a)(9), substituted "$779" for "$755".

Pub. L. 98–223, §101(a)(9), substituted "$755" for "$729".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (j). Pub. L. 98–543, §101(a)(10), substituted "$1,295" for "$1,255".

Pub. L. 98–223, §101(a)(10), substituted "$1,255" for "$1,213".

Subsec. (k). Pub. L. 98–543, §101(a)(11), substituted "$1,609" and "$2,255" for "$1,559" and "$2,185", respectively.

Pub. L. 98–223, §101(a)(11), substituted "$1,559" and "$2,185" for "$1,506" and "$2,111", respectively.

Subsec. (l). Pub. L. 98–543, §101(a)(12), substituted "$1,609" for "$1,559".

Pub. L. 98–223, §101(a)(12), substituted "$1,559" for "$1,506".

Subsec. (m). Pub. L. 98–543, §101(a)(13), substituted "$1,774" for "$1,719".

Pub. L. 98–223, §101(a)(13), substituted "$1,719" for "$1,661".

Subsec. (n). Pub. L. 98–543, §101(a)(14), substituted "$2,017" for "$1,954".

Pub. L. 98–223, §101(a)(14), substituted "$1,954" for "$1,888".

Subsec. (o). Pub. L. 98–543, §101(a)(15), substituted "$2,255" for "$2,185".

Pub. L. 98–223, §101(a)(15), substituted "$2,185" for "$2,111".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Pub. L. 98–223, §112(a), inserted "or if the veteran has suffered service-connected total deafness in one ear or bilateral deafness (and the hearing impairment in either one or both ears is service connected) rated at 40 percent or more disabling and the veteran has also suffered service-connected blindness having only light perception or less," after "5/200 visual acuity or less,".

Subsec. (p). Pub. L. 98–543, §101(a)(15), substituted "$2,255" for "$2,185" in four places.

Pub. L. 98–223, §101(a)(15), substituted "$2,185" for "$2,111" in three places.

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Pub. L. 98–223, §112(b)(1), substituted "30" for "40" in cl. (1).

Pub. L. 98–223, §112(b)(2), inserted provision authorizing the Administrator to allow the next intermediate rate, but in no event in excess of $2,185, in the event the veteran has suffered service-connected blindness, having only light perception or less, and has also suffered bilateral deafness, and the hearing impairment in either one or both ears is service connected, rated at 10 to 20 percent disabling.

Subsec. (r). Pub. L. 98–543, §101(a)(16), substituted "$968" and "$1,442" for "$938" and "$1,397", respectively.

Pub. L. 98–223, §101(a)(16), substituted "$938" and "$1,397" for "$906" and "$1,350", respectively.

Subsec. (s). Pub. L. 98–543, §101(a)(17), substituted "$1,449" for "$1,404".

Pub. L. 98–223, §101(a)(17), substituted "$1,404" for "$1,357".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum".

Subsec. (t)(1). Pub. L. 98–543, §101(a)(18), substituted "$280" for "$271".

Pub. L. 98–223, §101(a)(18), substituted "$271" for "$262".

Pub. L. 98–223, §101(a)(19), substituted "percent" for "per centum" in two places.

1982—Subsec. (a). Pub. L. 97–306, §§101(a)(1), 107, 108, substituted "$62" for "$58", and repealed amendment made by Pub. L. 97–253, §405(b)(1), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(1), (h), eff. Jan. 1, 1983, substituted "$57" for "$58".

Subsec. (b). Pub. L. 97–306, §101(a)(2), substituted "$114" for "$107".

Subsec. (c). Pub. L. 97–306, §§101(a)(3), 107, 108, substituted "$173" for "$162", and repealed amendment made by Pub. L. 97–253, §405(b)(2), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(2), (h), eff. Jan. 1, 1983, substituted "$161" for "$162".

Subsec. (d). Pub. L. 97–306, §101(a)(4), substituted "$249" for "$232".

Subsec. (e). Pub. L. 97–306, §101(a)(5), substituted "$352" for "$328".

Subsec. (f). Pub. L. 97–306, §§101(a)(6), 107, 108, substituted "$443" for "$413", and repealed amendment made by Pub. L. 97–253, §405(b)(3), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(3), (h), eff. Jan. 1, 1983, substituted "$412" for "$413".

Subsec. (g). Pub. L. 97–306, §101(a)(7), substituted "$559" for "$521".

Subsec. (h). Pub. L. 97–306, §§101(a)(8), 107, 108, substituted "$648" for "$604", and repealed amendment made by Pub. L. 97–253, §405(b)(4), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(4), (h), eff. Jan. 1, 1983, substituted "$603" for "$604".

Subsec. (i). Pub. L. 97–306, §101(a)(9), substituted "$729" for "$679".

Subsec. (j). Pub. L. 97–306, §101(a)(10), substituted "$1,213" for "$1,130".

Subsec. (k). Pub. L. 97–306, §§101(a)(11), 107, 108, substituted "$1,506" for "$1,403" and "$2,111" for "$1,966", and repealed amendment made by Pub. L. 97–253, §405(b)(5), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(5), (h), eff. Jan. 1, 1983, substituted "$61" for "$62", "$1,402" for "$1,403", "$61" for "$62", and "$1,965" for "$1,966".

Subsec. (l). Pub. L. 97–306, §§101(a)(12), 107, 108, substituted "$1,506" for "$1,403", and repealed amendment made by Pub. L. 97–253, §405(b)(6), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(6), (h), eff. Jan. 1, 1983, substituted "$1,402" for "$1,403".

Subsec. (m). Pub. L. 97–306, §§101(a)(13), 107, 108, substituted "$1,661" for "$1,547", and repealed amendment made by Pub. L. 97–253, §405(b)(7), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(7), (h), eff. Jan. 1, 1983, substituted "$1,546" for "$1,547".

Subsec. (n). Pub. L. 97–306, §§101(a)(14), 107, 108, 111(a), inserted "or has suffered blindness without light perception in both eyes," after "anatomical loss of both eyes,", substituted "$1,888" for "$1,758", and repealed amendment made by Pub. L. 97–253, §405(b)(8), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(8), (h), eff. Jan. 1, 1983, substituted "$1,757" for "$1,758".

Subsec. (o). Pub. L. 97–306, §§101(a)(15), 107, 108, substituted "$2,111" for "$1,966", and repealed amendment made by Pub. L. 97–253, §405(b)(9), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(9), (h), eff. Jan. 1, 1983, substituted "$1,965" for "$1,966".

Subsec. (p). Pub. L. 97–306, §§101(a)(15), 107, 108, 111(b), substituted "$2,111" for "$1,966" wherever appearing, inserted "or service-connected anatomical loss or loss of use of one hand or one foot" after "in one ear", and repealed amendment made by Pub. L. 97–253, §405(b)(9), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(9), (h), eff. Jan. 1, 1983, substituted "$1,965" for "$1,966" wherever appearing.

Pub. L. 97–253, §404(a), inserted "down" after "arithmetic mean, rounded".

Subsec. (r). Pub. L. 97–306, §§101(a)(16), 107, 108, substituted "$906" for "$844" in par. (1), "$1,350" for "$1,257" in par. (2), and repealed amendment made by Pub. L. 97–253, §405(b)(10), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(10), (h), eff. Jan. 1, 1983, substituted "$843" for "$844" in par. (1), and "$1,256" for "$1,257" in par. (2).

Subsec. (s). Pub. L. 97–306, §§101(a)(17), 107, 108, substituted "$1,357" for "$1,264", and repealed amendment made by Pub. L. 97–253, §405(b)(11), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(11), (h), eff. Jan. 1, 1983, substituted "$1,263" for "$1,264".

Subsec. (t)(1). Pub. L. 97–306, §§101(a)(18), 107, 108, substituted "$262" for "$244", and repealed amendment made by Pub. L. 97–253, §405(b)(12), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(b)(12), (h), eff. Jan. 1, 1983, substituted "$243" for "$244".

1981—Subsecs. (a) to (k). Pub. L. 97–66, §101(a)(1)–(11), increased compensation in subsec. (a) from $54 to $58, subsec. (b) from $99 to $107, subsec. (c) from $150 to $162, subsec. (d) from $206 to $232, subsec. (e) from $291 to $328, subsec. (f) from $367 to $413, subsec. (g) from $434 to $521, subsec. (h) from $503 to $604, subsec. (i) from $566 to $679, subsec. (j) from $1,016 to $1,130, and subsec. (k) from $1,262 to $1,403 and from $1,768 to $1,966.

Subsec. (l). Pub. L. 97–66, §§101(a)(12), 104(1), substituted "loss of use of both feet" for "loss of use of both hands, or both feet" and "$1,403" for "$1,262".

Subsec. (m). Pub. L. 97–66, §§101(a)(13), 104(2), substituted "both hands, or of both legs at a level, or with complications, preventing natural knee action with prostheses in place, or of one arm and one leg at levels, or with complications, preventing natural elbow and knee action with prostheses" for "two extremities at a level, or with complications, preventing natural elbow or knee action with prosthesis" and "$1,547" for "$1,391".

Subsec. (n). Pub. L. 97–66, §§101(a)(14), 104(3), substituted "or loss of use of both arms at levels, or with complications, preventing natural elbow action with prostheses in place, has suffered the anatomical loss of both legs so near the hip as to prevent the use of prosthetic appliances, or has suffered the anatomical loss of one arm and one leg so near the shoulder and hip as to prevent the use of prosthetic appliances," for "of two extremities so near the shoulder or hip as to prevent the use of a prosthetic appliance" and "$1,758" for "$1,581".

Subsec. (o). Pub. L. 97–66, §§101(a)(15), 104(4), substituted "visual acuity or less, or if the veteran has suffered the anatomical loss of both arms so near the shoulder as to prevent the use of prosthetic appliances, the monthly compensation shall be $1,966" for "visual acuity or less, the monthly compensation shall be $1,768".

Subsec. (p). Pub. L. 97–66, §101(a)(15), substituted "$1,966" for "$1,768" in three places.

Subsec. (r). Pub. L. 97–66, §101(a)(16), substituted "$844" for "$759" in cl. (1) and "$1,257" for "$1,130" in cl. (2).

Subsec. (s). Pub. L. 97–66, §101(a)(17), increased compensation from $1,137 to $1,264.

Subsec. (t)(1). Pub. L. 97–66, §101(a)(18), increased compensation from $219 to $244.

1980—Subsecs. (a) to (o). Pub. L. 96–385, §101(a)(1)–(15), increased compensation in subsec. (a) from $48 to $54, subsec. (b) from $88 to $99, subsec. (c) from $133 to $150, subsec. (d) from $182 to $206, subsec. (e) from $255 to $291, subsec. (f) from $321 to $367, subsec. (g) from $380 to $434, subsec. (h) from $440 to $503, subsec. (i) from $495 to $566, subsec. (j) from $889 to $1,016, subsec. (k) from $1,104 and $1,547 to $1,262 and $1,768, subsec. (l) from $1,104 to $1,262, subsec. (m) from $1,217 to $1,391, subsec. (n) from $1,383 to $1,581, subsec. (o) from $1,547 to $1,768.

Subsec. (p). Pub. L. 96–385, §101(a)(15), substituted "$1,768" for "$1,547" in three places.

Subsec. (r). Pub. L. 96–385, §101(a)(16), substituted "$759" for "$664" in cl. (1) and "$1,130" for "$989" in cl. (2).

Subsec. (s). Pub. L. 96–385, §101(a)(17), increased compensation from $995 to $1,137.

Subsec. (t)(1). Pub. L. 96–385, §101(a)(18), increased compensation from $192 to $219.

1979—Subsecs. (a) to (o). Pub. L. 96–128, §101(a)(1)–(15), increased compensation in subsec. (a) from $44 to $48, subsec. (b) from $80 to $88, subsec. (c) from $121 to $133, subsec. (d) from $166 to $182, subsec. (e) from $232 to $255, subsec. (f) from $292 to $321, subsec. (g) from $346 to $380, subsec. (h) from $400 to $440, subsec. (i) from $450 to $495, subsec. (j) from $809 to $889, subsec. (k) from $56 to $62, from $1,005 to $1,104, and from $1,408 to $1,547, subsec. (l) from $1,005 to $1,104, subsec. (m) from $1,107 to $1,217, subsec. (n) from $1,258 to $1,383, and subsec. (o) from $1,408 to $1,547.

Subsec. (p). Pub. L. 96–128, §§101(a)(15), 105, inserted provisions respecting the establishment of any intermediate rate, and substituted "$1,547" for "$1,408" wherever appearing.

Subsec. (r). Pub. L. 96–128, §§101(a)(16), 104, inserted provisions relating to intermediate rates and struck out reference to subsections (o) or (p) of this section in introductory text, substituted "$664" for "$604" in cl. (1), and substituted "$989" for "$900" in cl. (2).

Subsec. (s). Pub. L. 96–128, §101(a)(17), increased compensation from $905 to $995.

Subsec. (t)(1). Pub. L. 96–128, §101(a)(18), increased compensation from $175 to $192.

1978—Subsecs. (a) to (o). Pub. L. 95–479, §101(a)(1)–(15), increased compensation in subsec. (a) from $41 to $44, subsec. (b) from $75 to $80, in subsec. (c) from $113 to $121, in subsec. (d) from $155 to $166, in subsec. (e) from $216 to $232, in subsec. (f) from $272 to $292, in subsec. (g) from $322 to $346, in subsec. (h) from $373 to $400, in subsec. (i) from $419 to $450, in subsec. (j) from $754 to $809, in subsec. (k) from $937 and $1,312 to $1,005 and $1,408, respectively, in subsec. (l) from $937 to $1,005, in subsec. (m) from $1,032 to $1,107, in subsec. (n) from $1,172 to $1,258, and in subsec. (o) from $1,312 to $1,408.

Subsec. (p). Pub. L. 95–479, §101(a)(15), (b), substituted "$1,408" for "$1,312" in two places, and inserted provision allowing next higher rate or intermediate rate but in no event in excess of $1,408 in event veteran has suffered anatomical loss or loss of use, or a combination thereof, of three extremities.

Subsec. (r). Pub. L. 95–479, §101(c), raised the monthly aid and attendance allowance from $563 to $604, and inserted provisions relating to need of higher level of care.

Subsec. (s). Pub. L. 95–479, §101(a)(16), substituted "$905" for "$843".

Subsec. (t). Pub. L. 95–479, §101(d), added subsec. (t).

1977—Subsecs. (a) to (p), (r), (s). Pub. L. 95–117 increased compensation in subsec. (a) from $38 to $41, subsec. (b) from $70 to $75, subsec. (c) from $106 to $113, subsec. (d) from $145 to $155, subsec. (e) from $203 to $216, subsec. (f) from $255 to $272, subsec. (g) from $302 to $322, subsec. (h) from $350 to $373, subsec. (i) from $393 to $419, subsec. (j) from $707 to $754, subsec. (k) from $879 and $1,231 to $937 and $1,312, respectively, subsec. (l) from $879 to $937, subsec. (m) from $968 to $1,032, subsec. (n) from $1,099 to $1,172, subsec. (o) from $1,231 to $1,312, subsec. (p) from $1,231 to $1,312, subsec. (r) from $528 to $563, and subsec. (s) from $791 to $843.

1976—Subsecs. (a) to (l). Pub. L. 94–433, §101(a)(1)–(12), increased compensation in subsec. (a) from $35 to $38, subsec. (b) from $65 to $70, subsec. (c) from $98 to $106, subsec. (d) from $134 to $145, subsec. (e) from $188 to $203, subsec. (f) from $236 to $255, subsec. (g) from $280 to $302, subsec. (h) from $324 to $350, subsec. (i) from $364 to $393, subsec. (j) from $655 to $707, subsec. (k) from $52, $814, and $1,139 to $56, $879, and $1,231, respectively, and subsec. (l) from $814 to $879.

Subsec. (m). Pub. L. 94–433, §101(a)(13), 404(6), increased compensation from $896 to $968 and substituted "such veteran" for "him", respectively.

Subsec. (n). Pub. L. 94–433, §101(a)(14), increased compensation from $1,018 to $1,099.

Subsec. (o). Pub. L. 94–433, §§101(a)(15), 401(4), 404(6), increased compensation from $1,139 to $1,231, struck out "in combination with total blindness with 5/200 visual acuity or less," before "the monthly compensation", and substituted "such veteran" for "him", respectively.

Subsec. (p). Pub. L. 94–433, §§101(a)(15), 404(7), increased compensation from $1,139 to $1,231 and struck out ", in his discretion," before "may allow", respectively.

Subsec. (r). Pub. L. 94–433, §§101(a)(16), 401(5), 404(8), increased compensation from $489 to $528 and substituted reference to section "3203(e)" for "3203(f)" of this title and "such veteran" for "he", respectively.

Subsec. (s). Pub. L. 94–433, §§101(a)(17), 404(8), increased compensation from $732 to $791 and substituted "such veteran's" for "his" after "by reason of" and before "house", respectively.

1975—Subsecs. (a) to (p), (r), (s). Pub. L. 94–71 increased compensation in subsec. (a) from $32 to $35, subsec. (b) from $59 to $65, subsec. (c) from $89 to $98, subsec. (d) from $122 to $134, subsec. (e) from $171 to $188, subsec. (f) from $211 to $236, subsec. (g) from $250 to $280, subsec. (h) from $289 to $324, subsec. (i) from $325 to $364, subsec. (j) from $584 to $655, subsec. (k) from $727 and $1,017 to $814 and $1,139 respectively, subsec. (l) from $727 to $814, subsec. (m) from $800 to $896, subsec. (n) from $909 to $1,018, subsec. (o) from $1,017 to $1,139, subsec. (p) from $1,017 to $1,139, subsec. (r) from $437 to $489, and subsec. (s) from $654 to $732.

1974—Subsecs. (a) to (p), (r), (s). Pub. L. 93–295 increased compensation in subsec. (a) from $28 to $32, subsec. (b) from $51 to $59, subsec. (c) from $77 to $89, subsec. (d) from $106 to $122, subsec. (e) from $149 to $171, subsec. (f) from $179 to $211, subsec. (g) from $212 to $250, subsec. (h) from $245 to $289, subsec. (i) from $275 to $325, subsec. (j) from $495 to $584, subsec. (k) from $47, $616 and $862 to $52, $727 and $1,017, respectively, subsec. (l) from $616 to $727, subsec. (m) from $678 to $800, subsec. (n) from $770 to $909, subsec. (o) from $862 to $1,017, subsec. (p) from $862 to $1,017, subsec. (r) from $370 to $437, and subsec. (s) from $554 to $654.

1972—Subsecs. (a) to (p), (r), (s). Pub. L. 92–328 increased compensation in subsec. (a) from $25 to $28, subsec. (b) from $46 to $51, subsec. (c) from $70 to $77, subsec. (d) from $96 to $106, subsec. (e) from $135 to $149, subsec. (f) from $163 to $179, subsec. (g) from $193 to $212, subsec. (h) from $223 to $245, subsec. (i) from $250 to $275, subsec. (j) from $450 to $495, subsec. (k) from $560 to $616 and $784 to $862, respectively, subsec. (l) from $560 to $616, subsec. (m) from $616 to $678, subsec. (n) from $700 to $770, subsec. (o) from $784 to $862, subsec. (p) from $784 to $862, subsec. (r) from $336 to $370, and subsec. (s) from $504 to $554.

1970—Subsecs. (a) to (p), (r), (s). Pub. L. 91–376 increased compensation in subsec. (a) from $23 to $25, subsec. (b) from $43 to $46, subsec. (c) from $65 to $70, subsec. (d) from $89 to $96, subsec. (e) from $122 to $135, subsec. (f) from $147 to $163, subsec. (g) from $174 to $193, subsec. (h) from $201 to $223, subsec. (i) from $226 to $250, subsec. (j) from $400 to $450, subsec. (k) from $500 and $700 to $560 and $784, respectively, subsec. (l) from $500 to $560, subsec. (m) from $550 to $616, subsec. (n) from $625 to $700, subsec. (o) from $700 to $784, subsec. (p) from $700 to $784, subsec. (r) from $300 to $336, and subsec. (s) from $450 to $504.

1968—Subsecs. (a) to (p). Pub. L. 90–493, §1(a)(1)–(14), (17), increased compensation in subsec. (a) from $21 to $23, subsec. (b) from $40 to $43, subsec. (c) from $60 to $65, subsec. (d) from $82 to $89, subsec. (e) from $113 to $122, subsec. (f) from $136 to $147, subsec. (g) from $161 to $174, subsec. (h) from $186 to $201, subsec. (i) from $209 to $226, subsec. (j) from $300 to $400, subsec. (k) from $600 and $400 to $700 and $500, respectively, subsec. (l) from $400 to $500, subsec. (m) from $450 to $550, subsec. (n) from $525 to $625, subsec. (o) from $600 to $700, and subsec. (p) from $600 to $700.

Subsec. (q). Pub. L. 90–493, §4(a), struck out provision that if the veteran is shown to have had a service-connected disability resulting from an active tuberculous disease, the monthly compensation shall be not less than $67, provided that, in the judgment of the Administrator, the disease has reached a condition of complete arrest.

Subsecs. (r), (s). Pub. L. 90–493, §1(a)(15), (16), increased compensation in subsec. (r) from $250 to $300, and in subsec. (s) from $350 to $450.

1967—Subsec. (k). Pub. L. 90–77 substituted "one or more creative organs" for "a creative organ" and "in the event the veteran has suffered one or more of the disabilities heretofore specified in this subsection" for "in the event of anatomical loss or loss of use of a creative organ, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, or has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction" and inserted following "$47 per month" where initially appearing "for each such loss or loss of use", reference to subsec. (s) of this section and limitation of compensation to $400 per month.

1965—Subsecs. (a) to (m). Pub. L. 89–311, §1(a)(1)–(14), increased compensation in subsec. (a) from $20 to $21, subsec. (b) from $38 to $40, subsec. (c) from $58 to $60, subsec. (d) from $77 to $82, subsec. (e) from $107 to $113, subsec. (f) from $128 to $136, subsec. (g) from $149 to $161, subsec. (h) from $170 to $186, subsec. (i) from $191 to $209, subsec. (j) from $250 to $300, subsec. (k) from $525 to $600, subsec. (l) from $340 to $400, subsec. (m) from $390 to $450, and subsec. (n) from $440 to $525.

Subsec. (o). Pub. L. 89–311, §§1(a)(11), 3(d), increased compensation from $525 to $600 and relaxed requirement of total deafness by requiring only bilateral deafness (if the hearing impairment in either one or both ears is service connected) rated at 60 per centum or more disabling.

Subsec. (p). Pub. L. 89–311, §3(e), increased from $525 to $600 the allowable maximum rates when service-connected disabilities exceed the requirements for any of the prescribed rates and inserted specific reference to an increase to the next higher rate in the case of service-connected blindness and bilateral deafness and an increase to the next intermediate rate in the case of service-connected total deafness in one ear.

Subsec. (r). Pub. L. 89–311, §1(a)(15), substituted "$250" for "$200".

Subsec. (s). Pub. L. 89–311, §1(a)(16), substituted "$350" for "$290".

1963—Subsec. (k). Pub. L. 88–22 provided increased compensation for veterans suffering complete organic aphonia with constant inability to communicate by speech.

Pub. L. 88–20 provided increased compensation for veterans suffering deafness of both ears, having absence of air and bone conduction.

1962—Subsecs. (a) to (p). Pub. L. 87–645, §1(a)(1)–(14), increased monthly compensation in subsec. (a) from $19 to $20, subsec. (b) from $36 to $38, subsec. (c) from $55 to $58, subsec. (d) from $73 to $77, subsec. (e) from $100 to $107, subsec. (f) from $120 to $128, subsec. (g) from $140 to $149, subsec. (h) from $160 to $170, subsec. (i) from $179 to $191, subsec. (j) from $225 to $250, subsec. (k) from $450 to $525, subsec. (l) from $309 to $340, subsec. (m) from $359 to $390, subsec. (n) from $401 to $440, and subsec. (o) and (p) from $450 to $525.

Subsec. (r). Pub. L. 87–645, §§1(a)(15), 2(a), increased monthly compensation from $150 to $200, and substituted ", subject to the limitations of section 3203(f) of this title" for "for all periods during which he is not hospitalized at Government expense".

Subsec. (s). Pub. L. 87–645, §1(a)(16), increased monthly compensation from $265 to $290.

1960—Subsec. (s). Pub. L. 86–663 added subsec. (s).

1958—Subsec. (r). Pub. L. 85–782 added subsec. (r).


Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–275, title VI, §601(c), Oct. 13, 2010, 124 Stat. 2884, provided that: "The amendments made by this section [amending this section and section 5503 of this title] shall take effect on October 1, 2011."

Effective Date of 2009 Amendment

Pub. L. 111–37, §3(g), June 30, 2009, 123 Stat. 1931, provided that: "The amendments made by this section [amending this section and sections 1115, 1162, 1311, and 1313 to 1315 of this title] shall take effect on December 1, 2008."

Effective Date of 2008 Amendment

Pub. L. 110–324, §3(f), Sept. 24, 2008, 122 Stat. 3552, provided that: "The amendments made by this section [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 2007."

Effective Date of 2005 Amendment

Pub. L. 109–111, §2(f), Nov. 22, 2005, 119 Stat. 2364, provided that: "The amendments made by this section [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 2005."

Effective Date of 2001 Amendment

Pub. L. 107–94, §7, Dec. 21, 2001, 115 Stat. 902, provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 2001."

Effective Date of 1999 Amendment

Pub. L. 106–118, §7, Nov. 30, 1999, 113 Stat. 1603, provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 1999."

Effective Date of 1997 Amendment

Pub. L. 105–98, §7, Nov. 19, 1997, 111 Stat. 2158, provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 1997."

Effective Date of 1993 Amendment

Pub. L. 103–140, §7, Nov. 11, 1993, 107 Stat. 1487, provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 1993."

Effective Date of 1991 Amendment

Pub. L. 102–152, §7, Nov. 12, 1991, 105 Stat. 988, provided that: "The amendments made by this Act [amending this section and sections 1115, 1162, 1311, 1313, and 1314 of this title] shall take effect on December 1, 1991."

Pub. L. 102–3, §7, Feb. 6, 1991, 105 Stat. 10, provided that: "Section 2(b) [set out as a note below] and the amendments made by this Act [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title] shall take effect as of January 1, 1991."

Effective Date of 1989 Amendment

Pub. L. 101–237, title I, §106, Dec. 18, 1989, 103 Stat. 2064, provided that: "The amendments made by this part [part A (§§101–106) of title I of Pub. L. 101–237, amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title] shall take effect on December 1, 1989."

Effective Date of 1988 Amendment

Pub. L. 100–687, div. B, title XI, §1106, Nov. 18, 1988, 102 Stat. 4125, provided that: "The amendments made by this title [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title, and enacting provisions set out as a note below] shall take effect on December 1, 1988."

Effective Date of 1987 Amendment

Pub. L. 100–227, title I, §107, Dec. 31, 1987, 101 Stat. 1555, provided that: "The amendments made by this title [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title and enacting provisions set out as notes under this section and section 101 of this title] shall take effect as of December 1, 1987."

Effective Date of 1986 Amendment

Pub. L. 99–576, title I, §107, Oct. 28, 1986, 100 Stat. 3252, provided that: "The amendments made by sections 101 through 106 [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title] shall take effect on December 1, 1986, except that such amendments shall not take effect unless benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1986, as a result of a determination under section 215(i) of such Act (42 U.S.C 415(i))."

Amendment by section 109(b) of Pub. L. 99–576 effective Oct. 28, 1986, see section 109(c)(1) of Pub. L. 99–576, set out as a note under section 1160 of this title.

Pub. L. 99–238, title I, §107, Jan. 13, 1986, 99 Stat. 1767, provided that: "The amendments made by this title [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title and enacting provisions set out as a note under this section] shall take effect as of December 1, 1985."

Effective Date of 1984 Amendment

Pub. L. 98–543, title I, §107, Oct. 24, 1984, 98 Stat. 2737, provided that: "Sections 101 through 106 [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title and enacting provisions set out as a note under this section] shall take effect on December 1, 1984."

Pub. L. 98–223, title I, §107, Mar. 2, 1984, 98 Stat. 39, provided that: "The amendments made by this part [part A (§§101–108) of title I of Pub. L. 98–223, see Tables for classification] shall take effect on April 1, 1984."

Amendment by section 112 of Pub. L. 98–223 effective Oct. 1, 1983, see section 114 of Pub. L. 98–223, set out as a note under section 1112 of this title.

Effective Date of 1982 Amendment

Pub. L. 97–306, title I, §108, Oct. 14, 1982, 96 Stat. 1432, provided that: "The amendments made by this part [part A (§§101–108) of title I of Pub. L. 97–306, see Tables for classification] shall take effect on October 1, 1982."

Pub. L. 97–306, title I, §111(c), Oct. 14, 1982, 96 Stat. 1432, provided that: "The amendments made by subsections (a) and (b) [amending this section] shall take effect on October 1, 1982."

Pub. L. 97–253, title IV, §404(c), Sept. 8, 1982, 96 Stat. 803, provided that: "The amendments made by this section [amending this section and section 315 [now 1115] of this title] shall take effect on October 1, 1982."

Effective Date of 1981 Amendment

Pub L. 97–66, title VII, §701, Oct. 17, 1981, 95 Stat. 1037, provided that:

"(a) The amendments made by titles I, II, and III [see Tables for classification] shall take effect as of October 1, 1981.

"(b)(1) Except as otherwise provided in this subsection, the amendments made by titles IV, V, and VI [see Tables for classification] shall take effect on the date of the enactment of this Act [Oct. 17, 1981].

"(2) The amendments made by section 401 [amending sections 767 and 777 [now 1967 and 1977] of this title] shall take effect on December 1, 1981.

"(3) The amendments made by section 504 [amending section 1826 [now 3726] of this title] shall take effect as of October 17, 1980.

"(4) The amendments made by section 601(b)(1) [amending section 5010 [now 8110] of this title] shall take effect as of October 1, 1981.

"(5) The amendments made by section 602 [amending section 3203 [now 5503] of this title] shall take effect on the date of the enactment of this Act [Oct. 17, 1981] and shall apply with respect to veterans admitted to a Veterans' Administration hospital or nursing home on or after such date.

"(6) The amendments made by section 603 [amending sections 906 and 1003 [now 2306 and 2403] of this title] shall apply with respect to veterans dying before, on, or after the date of the enactment of this Act [Oct. 17, 1981]."

Effective Date of 1980 Amendment

Pub. L. 96–385, title VI, §601, Oct. 7, 1980, 94 Stat. 1538, provided that:

"(a) The amendments made by titles I and II [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title] shall apply only to payments for months beginning after September 30, 1980.

"(b) The amendments made by title III [amending sections 801, 802, 804, and 805 [now 2101, 2102, 2104, and 2105] of this title] and by sections 402, 501, 503 [amending sections 230, 1810 [now 3710], 1811 [now 3711], 1819 [now 3712], 3104 [now 5304], and 3203 [now 5503] of this title], and 506 [amending section 121 of former Title 36, Patriotic Societies and Observances] shall take effect on October 1, 1980.

"(c) The amendments made by section 502 [amending section 906 [now 2306] of this title] shall apply only with respect to individuals who die after September 30, 1980.

"(d) The amendments made by sections 401, 504, 505 [enacting sections 1810, 1819, 3113, and 3305 [now 3710, 3712, 5313, and 5705] of this title and amending sections 1803 and 1811 [now 3703 and 3711] of this title] and 507 [not classified to the Code] shall take effect on the date of the enactment of this Act [Oct. 7, 1980].

"(e) The amendments made by section 508 [amending former sections 4107 and 4109 of this title] shall take effect as of August 26, 1980."

Effective Date of 1979 Amendment

Pub. L. 96–128, title VI, §601, Nov. 28, 1979, 93 Stat. 987, as amended by Pub. L. 96–151, title III, §306(a), Dec. 20, 1979, 93 Stat. 1097, provided that:

"(a)(1) Except as provided in paragraph (2) of this subsection, the amendments made by titles I and II [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title] and the provisions of section 101(b) [set out as a note below] shall take effect as of October 1, 1979.

"(2) With respect to the amendment made by clause (11) of section 101(a), that portion of the amendment amending subsection (k) of section 314 [now 1114] to increase certain monthly rates of compensation [substituting "$62" for "$56" in two places] shall take effect as of September 1, 1980, and that portion of the amendment amending such subsection to increase certain maximum monthly amounts of compensation [substituting "$1,104" for "$1,005" and "$1,547" for "$1,408"] shall take effect as of October 1, 1979.

"(b) The amendments made by titles III, IV, and V [see Tables for classification] shall take effect on the date of the enactment of this Act [Nov. 28, 1979]."

[Pub. L. 96–151, title III, §306(b), Dec. 20, 1979, 93 Stat. 1097, provided that the amendment made to section 601(a)(2) of Pub. L. 96–128 [substituting "clause (11)" for "clause (1)"], set out as a note above, shall take effect as of Nov. 28, 1979.]

Effective Date of 1978 Amendment

Pub. L. 95–479, title IV, §401, Oct. 18, 1978, 92 Stat. 1566, provided that:

"(a) Except as provided in subsection (b), the amendments made by this Act [see Tables for classification] shall take effect on October 1, 1978.

"(b) The amendment made by section 302 [amending section 562 [now 1562] of this title] shall take effect on January 1, 1979."

Effective Date of 1977 Amendment

Pub. L. 95–117, title V, §501, Oct. 3, 1977, 91 Stat. 1066, provided that: "Except as otherwise provided in this Act, the amendments made by this Act to title 38, United States Code [see Tables for classification], shall become effective on October 1, 1977."

Effective Date of 1976 Amendment

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.

Effective Date of 1975 Amendment

Pub. L. 94–71, title III, §301, Aug. 5, 1975, 89 Stat. 398, provided that: "The provisions of this Act [see Tables for classification] shall become effective August 1, 1975."

Effective Date of 1974 Amendment

Pub. L. 93–295, title IV, §401, May 31, 1974, 88 Stat. 184, provided that: "The provisions of this Act [see Tables for classification] shall become effective on May 1, 1974, except that title III [amending sections 1701 and 3202 [now 3501 and 5502] of this title] shall become effective on the first day of the second calendar month following enactment [May 31, 1974]."

Effective Date of 1972 Amendment

Pub. L. 92–328, title III, §301(a), June 30, 1972, 86 Stat. 398, provided that: "Sections 101 through 107 of this Act [see Tables for classification] shall take effect on the first day of the second calendar month which begins after the date of enactment [June 30, 1972]."

Effective Date of 1970 Amendment

Pub. L. 91–376, §9, Aug. 12, 1970, 84 Stat. 790, provided that: "The first two sections of this Act [amending this section and section 315 [now 1115] of this title and enacting provision set out as a note under this section] take effect July 1, 1970. Sections 4, 5, 6, and 7 [amending sections 103, 3010 [now 5110], and 3104 [now 5304] of this title, and enacting provision set out as a note under section 103 of this title] take effect January 1, 1971."

Effective Date of 1968 Amendment

Pub. L. 90–493, §2, Aug. 19, 1968, 82 Stat. 809, provided that: "The compensation payable pursuant to the amendments made by this Act [amending this section] shall be payable beginning with the first day of January 1969."

Pub. L. 90–493, §4(b), Aug. 19, 1968, 82 Stat. 809, provided that: "The repeals made by subsection (a) of this section [repealing subsec. (q) of this section and section 356 of this title] shall not apply in the case of any veteran who, on the date of enactment of this Act [Aug. 19, 1968], was receiving or entitled to receive compensation for tuberculosis which in the judgment of the Administrator had reached a condition of complete arrest."

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 Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

Effective Date of 1965 Amendment

Pub. L. 89–311, §9, Oct. 31, 1965, 79 Stat. 1157, provided that: "The amendments made by the first section and sections 2, 3, and 4 of this Act [amending this section and sections 101, 315 [now 1115], 360 [now 1160], 414 [now 1314], and 560 [now 1560] of this title and enacting provisions set out as a note under this section] shall take effect on the first day of the second calendar month following the date of enactment of this Act [Oct. 31, 1965]."

Effective Date of 1963 Amendment

Pub. L. 88–22, §2, May 15, 1963, 77 Stat. 18, provided that: "The amendments made by this Act [amending this section] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [May 15, 1963]."

Pub. L. 88–20, §2, May 15, 1963, 77 Stat. 17, provided that: "The amendments made by this Act [amending this section] shall take effect on the first day of the second month which begins after the date of its enactment [May 15, 1963]."

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–645 effective first day of first calendar month which begins after Sept. 7, 1962, see section 4 of Pub. L. 87–645, set out as a note under section 1112 of this title.

Effective Date of 1960 Amendment

Pub. L. 86–663, §2, July 14, 1960, 74 Stat. 528, provided that: "This Act [amending this section] shall be effective on and after the first day of the second calendar month following the date of its enactment [July 14, 1960]."

Effective Date of 1958 Amendment

Pub. L. 85–782, §2, Aug. 27, 1958, 72 Stat. 936, provided that the amendment made by that section is effective Jan. 1, 1959.

Repeal of Temporary Changes in Fiscal Year 1983 Compensation

Pub. L. 97–253, title IV, §405, Sept. 8, 1982, 96 Stat. 803, [amending this section and sections 315, 362, 411, 413, and 414 [now 1115, 1162, 1311, 1313, and 1314] of this title and enacting provisions set out as notes under this section] was repealed by Pub. L. 97–306, title I, §107, Oct. 14, 1982, 96 Stat. 1431. Section 405 of Pub. L. 97–253 had amended those sections relating to compensation to be effective Jan. 1, 1983, in contemplation of the later enactment of a law providing for cost-of-living increases for fiscal year 1983, with the intent that the increases provided for under section 405 of Pub. L. 97–253 be superseded by increases provided for in the later law. Pub. L. 97–306 provided for the anticipated increases and repealed section 405 of Pub. L. 97–253.

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

Pub. L. 116–178, §§2(a)–(c), 3, Oct. 20, 2020, 134 Stat. 853, 854, provided that:

"SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION.

"(a) Rate Adjustment.—Effective on December 1, 2020, the Secretary of Veterans Affairs shall increase, in accordance with subsection (c), the dollar amounts in effect on November 30, 2020, for the payment of disability compensation and dependency and indemnity compensation under the provisions specified in subsection (b).

"(b) Amounts To Be Increased.—The dollar amounts to be increased pursuant to subsection (a) are the following:

"(1) Wartime disability compensation.—Each of the dollar amounts under section 1114 of title 38, United States Code.

"(2) Additional compensation for dependents.—Each of the dollar amounts under section 1115(1) of such title.

"(3) Clothing allowance.—The dollar amount under section 1162 of such title.

"(4) Dependency and indemnity compensation to surviving spouse.—Each of the dollar amounts under subsections (a) through (d) of section 1311 of such title.

"(5) Dependency and indemnity compensation to children.—Each of the dollar amounts under sections 1313(a) and 1314 of such title.

"(c) Determination of Increase.—Each dollar amount described in subsection (b) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2020, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).

"SEC. 3. PUBLICATION OF ADJUSTED RATES.

"The Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in section 2(b) [set out as a note above], as increased under that section, not later than the date on which the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2021."

Similar provisions were contained in the following acts:

Pub. L. 116–58, §§2(a)–(c), 3, Sept. 26, 2019, 133 Stat. 1091, 1092.

Pub. L. 115–258, §§2(a)–(c), (3), Oct. 9, 2018, 132 Stat. 3662, 3663.

Pub. L. 115–75, §§2(a)–(c), 3, Nov. 2, 2017, 131 Stat. 1244, 1245.

Pub. L. 114–197, §§2(a)–(c), 3, July 22, 2016, 130 Stat. 693, 694.

Pub. L. 113–181, §2(a)–(c), (e), Sept. 26, 2014, 128 Stat. 1916, 1917.

Pub. L. 113–52, §2(a)–(c), (e), Nov. 21, 2013, 127 Stat. 582, 583.

Pub. L. 112–198, §§2(a)–(c), 3, Nov. 27, 2012, 126 Stat. 1463, 1464.

Pub. L. 112–53, §2(a)–(c), (e), Nov. 9, 2011, 125 Stat. 548, 549.

Pub. L. 111–247, §§2(a)–(c), 3, Sept. 30, 2010, 124 Stat. 2623, 2624.

Pub. L. 111–37, §2(a)–(c), (e), June 30, 2009, 123 Stat. 1927, 1928.

Pub. L. 110–324, §2(a)–(c), (e), Sept. 24, 2008, 122 Stat. 3549, 3550.

Pub. L. 110–111, §§2(a)–(c), 3, Nov. 5, 2007, 121 Stat. 1035, 1036.

Pub. L. 109–361, §§2(a)–(c), 3, Oct. 16, 2006, 120 Stat. 2062, 2063.

Pub. L. 108–363, §§2(a)–(c), 3, Oct. 25, 2004, 118 Stat. 1705, 1706.

Pub. L. 108–147, §§2(a)–(c), 3, Dec. 3, 2003, 117 Stat. 1885, 1886.

Pub. L. 107–247, §§2(a)–(c), 3, Oct. 23, 2002, 116 Stat. 1517, 1518.

Pub. L. 106–413, §§2(a)–(c), 3, Nov. 1, 2000, 114 Stat. 1798, 1799.

Pub. L. 105–368, title XI, §§1101(a)–(c), 1102, Nov. 11, 1998, 112 Stat. 3366, 3367.

Pub. L. 104–263, §2(a), (c), Oct. 9, 1996, 110 Stat. 3212.

Pub. L. 104–57, §§2(a)–(c), 3, Nov. 22, 1995, 109 Stat. 555, 556.

Pub. L. 103–418, §§2(a)–(c), 3, Oct. 25, 1994, 108 Stat. 4336, 4337.

Pub. L. 102–510, §2(a), (c), Oct. 24, 1992, 106 Stat. 3318, 3319.

Administrative Adjustment of Disability Rates of Certain Persons Not Covered by This Chapter

Pub. L. 116–178, §2(d), Oct. 20, 2020, 134 Stat. 853, provided that: "The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a) [set out as a note above], the rates of disability compensation payable to persons under section 10 of Public Law 85–857 (72 Stat. 1263) [set out as a note preceding section 101 of this title] who have not received compensation under chapter 11 of title 38, United States Code."

Similar provisions were contained in the following acts:

Pub. L. 116–58, §2(d), Sept. 26, 2019, 133 Stat. 1091.

Pub. L. 115–258, §2(d), Oct. 9, 2018, 132 Stat. 3662.

Pub. L. 115–75, §2(d), Nov. 2, 2017, 131 Stat. 1244.

Pub. L. 114–197, §2(d), July 22, 2016, 130 Stat. 693.

Pub. L. 113–181, §2(d), Sept. 26, 2014, 128 Stat. 1916.

Pub. L. 113–52, §2(d), Nov. 21, 2013, 127 Stat. 582.

Pub. L. 112–198, §2(d), Nov. 27, 2012, 126 Stat. 1464.

Pub. L. 112–53, §2(d), Nov. 9, 2011, 125 Stat. 549.

Pub. L. 111–247, §2(d), Sept. 30, 2010, 124 Stat. 2624.

Pub. L. 111–37, §2(d), June 30, 2009, 123 Stat. 1928.

Pub. L. 110–324, §2(d), Sept. 24, 2008, 122 Stat. 3550.

Pub. L. 110–111, §2(d), Nov. 5, 2007, 121 Stat. 1036.

Pub. L. 109–361, §2(d), Oct. 16, 2006, 120 Stat. 2063.

Pub. L. 109–111, §2(g), Nov. 22, 2005, 119 Stat. 2364.

Pub. L. 108–363, §2(d), Oct. 25, 2004, 118 Stat. 1706.

Pub. L. 108–147, §2(d), Dec. 3, 2003, 117 Stat. 1886.

Pub. L. 107–247, §2(d), Oct. 23, 2002, 116 Stat. 1518.

Pub. L. 107–94, §2(b), Dec. 21, 2001, 115 Stat. 901.

Pub. L. 106–413, §2(d), Nov. 1, 2000, 114 Stat. 1799.

Pub. L. 106–118, §2(b), Nov. 30, 1999, 113 Stat. 1602.

Pub. L. 105–368, title XI, §1101(d), Nov. 11, 1998, 112 Stat. 3366.

Pub. L. 105–98, §2(b), Nov. 19, 1997, 111 Stat. 2156.

Pub. L. 104–263, §2(b), Oct. 9, 1996, 110 Stat. 3212.

Pub. L. 104–57, §2(d), Nov. 22, 1995, 109 Stat. 556.

Pub. L. 103–418, §2(d), Oct. 25, 1994, 108 Stat. 4337.

Pub. L. 102–510, §2(b), Oct. 24, 1992, 106 Stat. 3318.

Pub. L. 102–152, §2(b), Nov. 12, 1991, 105 Stat. 986.

Pub. L. 102–3, §2(b), Feb. 6, 1991, 105 Stat. 8.

Pub. L. 101–237, title I, §101(b), Dec. 18, 1989, 103 Stat. 2063.

Pub. L. 100–687, div. B, title XI, §1101(b), Nov. 18, 1988, 102 Stat. 4123.

Pub. L. 100–227, title I, §101(b), Dec. 31, 1987, 101 Stat. 1553.

Pub. L. 99–576, title I, §101(b), Oct. 28, 1986, 100 Stat. 3251.

Pub. L. 99–238, title I, §101(b), Jan. 13, 1986, 99 Stat. 1766.

Pub. L. 98–543, title I, §101(b), Oct. 24, 1984, 98 Stat. 2736.

Pub. L. 98–223, title I, §101(b), Mar. 2, 1984, 98 Stat. 38.

Pub. L. 97–306, title I, §101(b), Oct. 14, 1982, 96 Stat. 1430.

Pub. L. 97–66, title I, §101(b), Oct. 17, 1981, 95 Stat. 1027.

Pub. L. 96–385, title I, §101(b), Oct. 7, 1980, 94 Stat. 1529.

Pub. L. 96–128, title I, §101(b), Nov. 28, 1979, 93 Stat. 983.

Pub. L. 95–479, title I, §101(e), Oct. 18, 1978, 92 Stat. 1562.

Pub. L. 95–117, title I, §101(b), Oct. 3, 1977, 91 Stat. 1063.

Pub. L. 94–433, title I, §101(b), Sept. 30, 1976, 90 Stat. 1374.

Pub. L. 94–71, title I, §101(b), Aug. 5, 1975, 89 Stat. 395.

Pub. L. 93–295, title I, §101(b), May 31, 1974, 88 Stat. 181.

Pub. L. 92–328, title I, §101(b), June 30, 1972, 86 Stat. 393.

Pub. L. 91–376, §1(b), Aug. 12, 1970, 84 Stat. 788.

Pub. L. 90–493, §1(b), Aug. 19, 1968, 82 Stat. 809.

Pub. L. 89–311, §1(b), Oct. 31, 1965, 79 Stat. 1154.

Pub. L. 87–645, §1(b), Sept. 7, 1962, 76 Stat. 441.

§1115. Additional compensation for dependents

Any veteran entitled to compensation at the rates provided in section 1114 of this title, and whose disability is rated not less than 30 percent, shall be entitled to additional compensation for dependents in the following monthly amounts:

(1) If and while rated totally disabled and—

(A) has a spouse but no child, $150;

(B) has a spouse and one or more children, $259 plus $75 for each child in excess of one;

(C) has no spouse but one or more children, $101 plus $75 for each child in excess of one;

(D) has a parent dependent upon such veteran for support, then, in addition to the above amounts, $120 for each parent so dependent;

(E) notwithstanding the other provisions of this paragraph, the monthly payable amount on account of a spouse who is (i) a patient in a nursing home or (ii) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person, shall be $286 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section; and

(F) notwithstanding the other provisions of this paragraph, the monthly amount payable on account of each child who has attained the age of eighteen years and who is pursuing a course of instruction at an approved educational institution shall be $240 for a totally disabled veteran and proportionate amounts for partially disabled veterans in accordance with paragraph (2) of this section.


(2) If and while rated partially disabled, but not less than 30 percent, in an amount having the same ratio to the amount specified in paragraph (1) of this section as the degree of disability bears to total disability. The amounts payable under this paragraph, if not a multiple of $1, shall be rounded down to the nearest dollar.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1121, §315; Pub. L. 86–499, §1, June 8, 1960, 74 Stat. 165; Pub. L. 89–137, §1(b), Aug. 26, 1965, 79 Stat. 576; Pub. L. 89–311, §2(a), (b), Oct. 31, 1965, 79 Stat. 1154, 1155; Pub. L. 91–376, §2, Aug. 12, 1970, 84 Stat. 788; Pub. L. 92–328, title I, §102, June 30, 1972, 86 Stat. 394; Pub. L. 93–295, title I, §102, May 31, 1974, 88 Stat. 181; Pub. L. 94–71, title I, §102, Aug. 5, 1975, 89 Stat. 396; Pub. L. 94–433, title I, §102, title IV, §404(9)–(11), Sept. 30, 1976, 90 Stat. 1375, 1378; Pub. L. 95–117, title I, §102, Oct. 3, 1977, 91 Stat. 1064; Pub. L. 95–479, title I, §102, Oct. 18, 1978, 92 Stat. 1562; Pub. L. 96–128, title I, §102, Nov. 28, 1979, 93 Stat. 983; Pub. L. 96–385, title I, §102, Oct. 7, 1980, 94 Stat. 1529; Pub. L. 97–66, title I, §102, Oct. 17, 1981, 95 Stat. 1027; Pub. L. 97–253, title IV, §§404(b), 405(c), Sept. 8, 1982, 96 Stat. 803; Pub. L. 97–306, title I, §§102, 107, Oct. 14, 1982, 96 Stat. 1430, 1431; Pub. L. 98–223, title I, §102, Mar. 2, 1984, 98 Stat. 38; Pub. L. 98–543, title I, §102, Oct. 24, 1984, 98 Stat. 2736; Pub. L. 99–238, title I, §102, Jan. 13, 1986, 99 Stat. 1766; Pub. L. 99–576, title I, §102, Oct. 28, 1986, 100 Stat. 3251; Pub. L. 100–227, title I, §102, Dec. 31, 1987, 101 Stat. 1553; Pub. L. 100–687, div. B, title XI, §1102, Nov. 18, 1988, 102 Stat. 4123; Pub. L. 101–237, title I, §102, Dec. 18, 1989, 103 Stat. 2063; Pub. L. 102–3, §3, Feb. 6, 1991, 105 Stat. 8; renumbered §1115 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–152, §3, Nov. 12, 1991, 105 Stat. 986; Pub. L. 103–78, §2, Aug. 13, 1993, 107 Stat. 768; Pub. L. 103–140, §3, Nov. 11, 1993, 107 Stat. 1486; Pub. L. 105–98, §3, Nov. 19, 1997, 111 Stat. 2156; Pub. L. 106–118, §3, Nov. 30, 1999, 113 Stat. 1602; Pub. L. 107–94, §3, Dec. 21, 2001, 115 Stat. 901; Pub. L. 107–330, title III, §309(b), Dec. 6, 2002, 116 Stat. 2830; Pub. L. 108–454, title III, §307(b), Dec. 10, 2004, 118 Stat. 3613; Pub. L. 109–111, §2(b), Nov. 22, 2005, 119 Stat. 2363; Pub. L. 109–233, title V, §502(3), June 15, 2006, 120 Stat. 415; Pub. L. 109–444, §9(b), Dec. 21, 2006, 120 Stat. 3314; Pub. L. 109–461, title X, §§1005(b), 1006(b), Dec. 22, 2006, 120 Stat. 3467, 3468; Pub. L. 110–324, §3(b), Sept. 24, 2008, 122 Stat. 3551; Pub. L. 111–37, §3(b), June 30, 2009, 123 Stat. 1929.)


Editorial Notes

Amendments

2009—Par. (1)(A). Pub. L. 111–37, §3(b)(1), substituted "$150" for "$142".

Par. (1)(B). Pub. L. 111–37, §3(b)(2), substituted "$259" and "$75" for "$245" and "$71", respectively.

Par. (1)(C). Pub. L. 111–37, §3(b)(3), substituted "$101" and "$75" for "$96" and "$71", respectively.

Par. (1)(D). Pub. L. 111–37, §3(b)(4), substituted "$120" for "$114".

Par. (1)(E). Pub. L. 111–37, §3(b)(5), substituted "$286" for "$271".

Par. (1)(F). Pub. L. 111–37, §3(b)(6), substituted "$240" for "$227".

2008—Par. (1)(A). Pub. L. 110–324, §3(b)(1), substituted "$142" for "$139".

Par. (1)(B). Pub. L. 110–324, §3(b)(2), substituted "$245" and "$71" for "$240" and "$70", respectively.

Par. (1)(C). Pub. L. 110–324, §3(b)(3), substituted "$96" and "$71" for "$94" and "$70", respectively.

Par. (1)(D). Pub. L. 110–324, §3(b)(4), substituted "$114" for "$112".

Par. (1)(E). Pub. L. 110–324, §3(b)(5), substituted "$271" for "$265".

Par. (1)(F). Pub. L. 110–324, §3(b)(6), substituted "$227" for "$222".

2006Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

Par. (1)(A). Pub. L. 109–461, §1005(b)(1), substituted "$139" for "$135".

Pub. L. 109–444, §9(b)(1), which substituted "$139" for "$135", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Par. (1)(B). Pub. L. 109–461, §1005(b)(2), substituted "$240" and "$70" for "$233" and "$68", respectively.

Pub. L. 109–444, §9(b)(2), which substituted "$240" and "$70" for "$233" and "$68", respectively, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Par. (1)(C). Pub. L. 109–461, §1005(b)(3), substituted "$94" and "$70" for "$91" and "$68", respectively.

Pub. L. 109–444, §9(b)(3), which substituted "$94" and "$70" for "$91" and "$68", respectively, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Par. (1)(D). Pub. L. 109–461, §1005(b)(4), substituted "$112" for "$109".

Pub. L. 109–444, §9(b)(4), which substituted "$112" for "$109", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Par. (1)(E). Pub. L. 109–461, §1005(b)(5), substituted "$265" for "$257".

Pub. L. 109–444, §9(b)(5), which substituted "$265" for "$257", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

Par. (1)(E)(ii). Pub. L. 109–233 substituted "blind, or so nearly blind or significantly disabled as to" for "helpless or blind, or so nearly helpless or blind as to".

Par. (1)(F). Pub. L. 109–461, §1005(b)(6), substituted "$222" for "$215".

Pub. L. 109–444, §9(b)(6), which substituted "$222" for "$215", was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.

2005—Par. (1)(A). Pub. L. 109–111, §2(b)(1), substituted "$135" for "$127".

Par. (1)(B). Pub. L. 109–111, §2(b)(2), substituted "$233" and "$68" for "$219" and "$65", respectively.

Par. (1)(C). Pub. L. 109–111, §2(b)(3), substituted "$91" and "$68" for "$86" and "$65", respectively.

Par. (1)(D). Pub. L. 109–111, §2(b)(4), substituted "$109" for "$103".

Par. (1)(E). Pub. L. 109–111, §2(b)(5), substituted "$257" for "$241".

Par. (1)(F). Pub. L. 109–111, §2(b)(6), substituted "$215" for "$202".

2004—Par. (1)(A). Pub. L. 108–454, §307(b)(1), substituted "$127" for "$125".

Par. (1)(B). Pub. L. 108–454, §307(b)(2), substituted "$219" and "$65" for "$215" and "$64", respectively.

Par. (1)(C). Pub. L. 108–454, §307(b)(3), substituted "$86" and "$65" for "$85" and "$64", respectively.

Par. (1)(D). Pub. L. 108–454, §307(b)(4), substituted "$103" for "$101".

Par. (1)(E). Pub. L. 108–454, §307(b)(5), substituted "$241" for "$237".

Par. (1)(F). Pub. L. 108–454, §307(b)(6), substituted "$202" for "$198".

2002—Par. (1)(A). Pub. L. 107–330, §309(b)(1), substituted "$125" for "$124".

Par. (1)(B). Pub. L. 107–330, §309(b)(2), substituted "$215" for "$213".

Par. (1)(C). Pub. L. 107–330, §309(b)(3), substituted "$85" for "$84".

Par. (1)(D). Pub. L. 107–330, §309(b)(4), substituted "$101" for "$100".

Par. (1)(E). Pub. L. 107–330, §309(b)(5), substituted "$237" for "$234".

Par. (1)(F). Pub. L. 107–330, §309(b)(6), substituted "$198" for "$196".

2001—Par. (1)(A). Pub. L. 107–94, §3(1), substituted "$124" for "$117".

Par. (1)(B). Pub. L. 107–94, §3(2), substituted "$213" and "$64" for "$201" and "$61", respectively.

Par. (1)(C). Pub. L. 107–94, §3(3), substituted "$84" and "$64" for "$80" and "$61", respectively.

Par. (1)(D). Pub. L. 107–94, §3(4), substituted "$100" for "$95".

Par. (1)(E). Pub. L. 107–94, §3(5), substituted "$234" for "$222".

Par. (1)(F). Pub. L. 107–94, §3(6), substituted "$196" for "$186".

1999—Par. (1)(A). Pub. L. 106–118, §3(1), substituted "$117" for "$114".

Par. (1)(B). Pub. L. 106–118, §3(2), substituted "$201" and "$61" for "$195" and "$60", respectively.

Par. (1)(C). Pub. L. 106–118, §3(3), substituted "$80" and "$61" for "$78" and "$60", respectively.

Par. (1)(D). Pub. L. 106–118, §3(4), substituted "$95" for "$92".

Par. (1)(E). Pub. L. 106–118, §3(5), substituted "$222" for "$215".

Par. (1)(F). Pub. L. 106–118, §3(6), substituted "$186" for "$180".

1997—Par. (1)(A). Pub. L. 105–98, §3(1), substituted "$114" for "$105".

Par. (1)(B). Pub. L. 105–98, §3(2), substituted "$195" and "$60" for "$178" and "$55", respectively.

Par. (1)(C). Pub. L. 105–98, §3(3), substituted "$78" and "$60" for "$72" and "$55", respectively.

Par. (1)(D). Pub. L. 105–98, §3(4), substituted "$92" for "$84".

Par. (1)(E). Pub. L. 105–98, §3(5), substituted "$215" for "$195".

Par. (1)(F). Pub. L. 105–98, §3(6), substituted "$180" for "$164".

1993—Par. (1)(A). Pub. L. 103–140, §3(1), substituted "$105" for "$103".

Pub. L. 103–78, §2(1), substituted "$103" for "$100".

Par. (1)(B). Pub. L. 103–140, §3(2), substituted "$178" for "$174" and "$55" for "$54".

Pub. L. 103–78, §2(2), substituted "$174" for "$169" and "$54" for "$52".

Par. (1)(C). Pub. L. 103–140, §3(3), substituted "$72" for "$71" and "$55" for "$54".

Pub. L. 103–78, §2(3), substituted "$71" for "$69" and "$54" for "$52".

Par. (1)(D). Pub. L. 103–140, §3(4), substituted "$84" for "$82".

Pub. L. 103–78, §2(4), substituted "$82" for "$80".

Par. (1)(E). Pub. L. 103–140, §3(5), substituted "$195" for "$191".

Pub. L. 103–78, §2(5), substituted "$191" for "$185".

Par. (1)(F). Pub. L. 103–140, §3(6), substituted "$164" for "$160".

Pub. L. 103–78, §2(6), substituted "$160" for "$155".

1991Pub. L. 102–83, §5(a), renumbered section 315 of this title as this section.

Pub. L. 102–83, §5(c)(1), substituted "1114" for "314" in introductory provisions.

Par. (1)(A). Pub. L. 102–152, §3(1), substituted "$100" for "$96".

Pub. L. 102–3, §3(1), substituted "$96" for "$92".

Par. (1)(B). Pub. L. 102–152, §3(2), substituted "$169" for "$163" and "$52" for "$50".

Pub. L. 102–3, §3(2), substituted "$163" for "$155" and "$50" for "$48".

Par. (1)(C). Pub. L. 102–152, §3(3), substituted "$69" for "$67" and "$52" for "$50".

Pub. L. 102–3, §3(3), substituted "$67" for "$64" and "$50" for "$48".

Par. (1)(D). Pub. L. 102–152, §3(4), substituted "$80" for "$77".

Pub. L. 102–3, §3(4), substituted "$77" for "$74".

Par. (1)(E). Pub. L. 102–152, §3(5), substituted "$185" for "$178".

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

Par. (1)(F). Pub. L. 102–152, §3(6), substituted "$155" for "$149".

Pub. L. 102–3, §3(6), substituted "$149" for "$142".

1989—Par. (1)(A). Pub. L. 101–237, §102(1), substituted "$92" for "$88".

Par. (1)(B). Pub. L. 101–237, §102(2), substituted "$155" and "$48" for "$148" and "$46", respectively.

Par. (1)(C). Pub. L. 101–237, §102(3), substituted "$64" and "$48" for "$61" and "$46", respectively.

Par. (1)(D). Pub. L. 101–237, §102(4), substituted "$74" for "$71".

Par. (1)(E). Pub. L. 101–237, §102(5), substituted "$169" for "$161".

Par. (1)(F). Pub. L. 101–237, §102(6), substituted "$142" for "$136".

1988—Par. (1)(A). Pub. L. 100–687, §1102(1), substituted "$88" for "$85".

Par. (1)(B). Pub. L. 100–687, §1102(2), substituted "$148" and "$46" for "$143" and "$45", respectively.

Par. (1)(C). Pub. L. 100–687, §1102(3), substituted "$61" and "$46" for "$59" and "$45", respectively.

Par. (1)(D). Pub. L. 100–687, §1102(4), substituted "$71" for "$69".

Par. (1)(E). Pub. L. 100–687, §1102(5), substituted "$161" for "$155".

Par. (1)(F). Pub. L. 100–687, §1102(6), substituted "$136" for "$131".

1987—Par. (1)(A). Pub. L. 100–227, §102(1), substituted "$85" for "$82".

Par. (1)(B). Pub. L. 100–227, §102(2), substituted "$143" and "$45" for "$138" and "$44", respectively.

Par. (1)(C). Pub. L. 100–227, §102(3), substituted "$59" and "$45" for "$57" and "$44", respectively.

Par. (1)(D). Pub. L. 100–227, §102(4), substituted "$69" for "$67".

Par. (1)(E). Pub. L. 100–227, §102(5), substituted "$155" for "$149".

Par. (1)(F). Pub. L. 100–227, §102(6), substituted "$131" for "$126".

1986—Par. (1)(A). Pub. L. 99–576, §102(1), substituted "$82" for "$81".

Pub. L. 99–238, §102(1), substituted "$81" for "$79".

Par. (1)(B). Pub. L. 99–576, §102(2), substituted "$138" and "$44" for "$136" and "$43", respectively.

Pub. L. 99–238, §102(2), substituted "$136" and "$43" for "$132" and "$42", respectively.

Par. (1)(C). Pub. L. 99–576, §102(3), substituted "$57" and "$44" for "$56" and "$43", respectively.

Pub. L. 99–238, §102(3), substituted "$56" and "$43" for "$54" and "$42", respectively.

Par. (1)(D). Pub. L. 99–576, §102(4), substituted "$67" for "$66".

Pub. L. 99–238, §102(4), substituted "$66" for "$64".

Par. (1)(E). Pub. L. 99–576, §102(5), substituted "$149" for "$147".

Pub. L. 99–238, §102(5), substituted "$147" for "$143".

Par. (1)(F). Pub. L. 99–576, §102(6), substituted "$126" for "$124".

Pub. L. 99–238, §102(6), substituted "$124" for "$120".

1984Pub. L. 98–223, §102(b), substituted "percent" for "per centum" in provision preceding par. (1).

Par. (1)(A). Pub. L. 98–543, §102(1), substituted "$79" for "$77".

Pub. L. 98–223, §102(a)(1), substituted "$77" for "$74".

Par. (1)(B). Pub. L. 98–543, §102(2), substituted "$132" and "$42" for "$128" and "$41", respectively.

Pub. L. 98–223, §102(a)(2), substituted "$128" and "$41" for "$124" and "$40", respectively.

Par. (1)(C). Pub. L. 98–543, §102(3), substituted "$54" and "$42" for "$52" and "$41", respectively.

Pub. L. 98–223, §102(a)(3), substituted "$52" and "$41" for "$50" and "$40", respectively.

Par. (1)(D). Pub. L. 98–543, §102(4), substituted "$64" for "$62".

Pub. L. 98–223, §102(a)(4), substituted "$62" for "$60".

Par. (1)(E). Pub. L. 98–543, §102(5), substituted "$143" for "$139".

Pub. L. 98–223, §102(a)(5), substituted "$139" for "$134".

Par. (1)(F). Pub. L. 98–543, §102(6), substituted "$120" for "$116".

Pub. L. 98–223, §102(a)(6), substituted "$116" for "$112".

Par. (2). Pub. L. 98–223, §102(b), substituted "percent" for "per centum".

1982—Par. (1)(A). Pub. L. 97–306, §102(1), added subpar. (A) and struck out former subpar. (A) which provided $69 for a veteran with a spouse but no child living.

Par. (1)(B). Pub. L. 97–306, §§102(1), 107, 108, added subpar. (B), repealed amendment made by Pub. L. 97–253, §405(c)(1), eff. Oct. 1, 1982, and struck out former subpar. (B) which provided $116 for a veteran with a spouse and one child living.

Pub. L. 97–253, §405(c)(1), (h), eff. Jan. 1, 1983, substituted "$115" for "$116".

Par. (1)(C). Pub. L. 97–306, §102(1), added subpar. (C) and struck out former subpar. (C) which provided $153 for a veteran with a spouse and two children living.

Par. (1)(D). Pub. L. 97–306, §§102(1)–(3), 107, 108, redesignated subpar. (H) as (D), in subpar. (D) as so redesignated, substituted "$60" for "$56", struck out former subpar. (D) which provided $192 for a veteran with a spouse and three or more children living (plus $38 for each living child in excess of three), and repealed amendment made by Pub. L. 97–253, §405(c)(2), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(c)(2), (h), eff. Jan. 1, 1983, substituted "$37" for "$38" after "plus".

Par. (1)(E). Pub. L. 97–306, §102(1), (2), (4), redesignated subpar. (I) as (E), substituted "$134" for "$125", and struck out former subpar. (E) which provided $47 for a veteran with no spouse but one child living.

Par. (1)(F). Pub. L. 97–306, §102(1), (2), (5), redesignated subpar. (J) as (F), substituted "$112" for "$105", and struck out former subpar. (F) which provided $86 for a veteran with no spouse but two children living.

Par. (1)(G). Pub. L. 97–306, §§102(1), 107, 108, struck out subpar. (G) which provided $123 for a veteran with no spouse but three or more children living (plus $38 for each living child in excess of three), and repealed amendment made by Pub. L. 97–253, §405(c)(3), eff. Oct. 1, 1982.

Pub. L. 97–253, §405(c)(3), (h), eff. Jan. 1, 1983, substituted "$37" for "$38" after "plus".

Par. (1)(H) to (J). Pub. L. 97–306, §102(2), redesignated subpars. (H), (I), and (J) as (D), (E), and (F), respectively.

Par. (2). Pub. L. 97–253, §404(b), substituted provisions that the amounts payable under this paragraph, if not a multiple of $1, be rounded down to the nearest dollar for provisions that such amounts would be adjusted upward or downward to the nearest dollar, counting fifty cents and over as a whole dollar.

1981—Par. (1)(A) to (J). Pub. L. 97–66 increased compensation figures as follows: in subpar. (A) from $62 to $69, in subpar. (B) from $104 to $116, in subpar. (C) from $138 to $153, in subpar. (D) from $173 to $192 and from $34 to $38, in subpar. (E) from $42 to $47, in subpar. (F) from $77 to $86, in subpar (G) from $111 to $123 and from $34 to $38, in subpar. (H) from $50 to $56, in subpar. (I) from $112 to $125, and in subpar. (J) from $94 to $105.

1980—Par. (1)(A) to (J). Pub. L. 96–385, §102(1)–(10), increased additional compensation in subpar. (A) from $54 to $62, in subpar. (B) from $91 to $104, in subpar. (C) from $121 to $138, in subpar. (D) from $151 and $30 to $173 and $34, respectively, in subpar. (E) from $37 to $42, in subpar. (F) from $67 to $77, in subpar. (G) from $97 and $30 to $111 and $34, respectively, in subpar. (H) from $44 to $50, in subpar. (I) from $98 to $112, and in subpar. (J) from $82 to $94.

1979—Par. (1)(A) to (H). Pub. L. 96–128, §102(a)(1)–(8), increased additional compensation in subpar. (A) from $49 to $54, in subpar. (B) from $83 to $91, in subpar. (C) from $110 to $121, in subpar. (D) from $137 and $27 to $151 and $30, respectively, in subpar. (E) from $34 to $37, in subpar. (F) from $61 to $67, in subpar. (G) from $88 and $27 to $97 and $30, respectively, and in subpar. (H) from $40 to $44.

Par. (1)(I). Pub. L. 96–128, §102(a)(9), (b)(1)(A), substituted "paragraph" for "subsection", "(i)" for "(1)", "(ii)" for "(2)", "$98" for "$89", and "section" for "subsection".

Par. (1)(J). Pub. L. 96–128, §102(a)(10), (b)(1)(B), substituted "paragraph" for "subsection", "$82" for "$75", and "section" for "subsection".

Par. (2). Pub. L. 96–128, §102(b)(2), inserted "of this section" after "(1)".

1978Pub. L. 95–479, §102(b), substituted "30 per centum" for "50 per centum" in provisions preceding par. (1).

Par. (1). Pub. L. 95–479, §102(a), substituted $49 for $46 in subpar. (A), $83 for $77 in subpar. (B), $110 for $98 in subpar. (C), $137 and $27 for $120 and $22, respectively, in subpar. (D), $34 for $30 in subpar. (E), $61 for $52 in subpar. (F), $88 and $27 for $77 and $22, respectively, in subpar. (G), $40 for $37 in subpar. (H), $89 for $83 in subpar. (I), and $75 for $70 in subpar. (J).

Par. (2). Pub. L. 95–479, §102(b), substituted "30 per centum" for "50 per centum".

1977—Par. (1). Pub. L. 95–117 substituted $46 for $43 in subpar. (A), $77 for $72 in subpar. (B), $98 for $92 in subpar. (C), $120 and $22 for $113 and $21, respectively, in subpar. (D), $30 for $28 in subpar. (E), $52 for $49 in subpar. (F), $77 and $22 for $72 and $21, respectively, in subpar. (G), $37 for $35 in subpar. (H), $83 for $78 in subpar. (I), and $70 for $66 in subpar. (J).

1976—Par. (1). Pub. L. 94–433, §102, substituted $43 for $40 in subpar. (A), $72 for $67 in subpar. (B), $92 for $85 in subpar. (C), $113 and $21 for $105 and $19, respectively, in subpar. (D), $28 for $26 in subpar. (E), $49 for $45 in subpar. (F), $72 and $21 for $67 and $19, respectively, in subpar. (G), $35 for $32 in subpar. (H), added subpar. (I), and substituted $66 for $61 in subpar. (J), formerly (I), but redesignated (J).

Pub. L. 94–433, §§404(9), (10), substituted "spouse" for "wife" in subpars. (A) through (G) and "parent dependent upon such veteran" for "mother or father, either or both dependent upon him" in subpar. (H).

Par. (2). Pub. L. 94–433, §404(11), struck out "his" before "disability bears".

1975—Par. (1). Pub. L. 94–71 substituted $40 for $36 in subpar. (A), $67 for $61 in subpar. (B), $85 for $77 in subpar. (C), $105 and $19 for $95 and $17, respectively, in subpar. (D), $26 for $24 in subpar. (E), $45 for $41 in subpar. (F), $67 and $19 for $61 and $17, respectively, in subpar. (G), $32 for $29 in subpar. (H) and $61 for $55 in subpar. (I).

1974—Par. (1). Pub. L. 93–295 substituted $36 for $31 in subpar. (A), $61 for $53 in subpar. (B), $77 for $67 in subpar. (C), $95 and $17 for $83 and $15, respectively, in subpar. (D), $24 for $21 in subpar. (E), $41 for $36 in subpar. (F), $61 and $17 for $53 and $15, respectively, in subpar. (G), $29 for $25 in subpar. (H), and $55 for $48 in subpar. (I).

1972—Par. (1). Pub. L. 92–328 substituted $31 for $28 in subpar. (A), $53 for $48 in subpar. (B), $67 for $61 in subpar. (C), $83 and $15 for $75 and $14, respectively, in subpar. (D), $21 for $19 in subpar. (E), $36 for $33 in subpar. (F), $53 and $15 for $48 and $14, respectively, in subpar. (G), $25 for $23 in subpar. (H), and $48 for $44 in subpar. (I).

1970—Par. (1). Pub. L. 91–376 substituted $28 for $25 in subpar. (A), $48 for $43 in subpar. (B), $61 for $55 in subpar. (C), $75 and $14 for $68 and $13, respectively, in subpar. (D), $19 for $17 in subpar. (E), $33 for $30 in subpar. (F), $48 and $14 for $43 and $13, respectively, in subpar. (G), $23 for $21 in subpar. (H), and $44 for $40 in subpar. (I).

1965—Par. (1). Pub. L. 89–311 substituted $25 for $23 in subpar. (A), $43 for $39 in subpar. (B), $55 for $50 in subpar. (C), $68 and $13 for $62 and $12 respectively in subpar. (D), $17 for $15 in subpar. (E), $30 for $27 in subpar. (F), $43 and $13 for $39 and $12 respectively in subpar. (G), and $21 for $19 in subpar. (H), and added subpar. (I).

Pub. L. 89–137 struck out subsec. (b) which prohibited payment of the additional compensation to any veteran during any period he is in receipt of an increased rate of subsistence allowance or education and training allowance on account of a dependent or dependents, and redesignated subsec. (a) as entire section.

1960—Subsec. (a). Pub. L. 86–499 authorized payment of $12 for each living child in excess of three.


Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

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

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–324 effective Dec. 1, 2007, see section 3(f) of Pub. L. 110–324, set out as a note under section 1114 of this title.

Effective Date of 2005 Amendment

Amendment by Pub. L. 109–111 effective Dec. 1, 2005, see section 2(f) of Pub. L. 109–111, set out as a note under section 1114 of this title.

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–94 effective Dec. 1, 2001, see section 7 of Pub. L. 107–94, set out as a note under section 1114 of this title.

Effective Date of 1999 Amendment

Amendment by Pub. L. 106–118 effective Dec. 1, 1999, see section 7 of Pub. L. 106–118, set out as a note under section 1114 of this title.

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–98 effective Dec. 1, 1997, see section 7 of Pub. L. 105–98, set out as a note under section 1114 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–140 effective Dec. 1, 1993, see section 7 of Pub. L. 103–140, set out as a note under section 1114 of this title.

Effective Date of 1991 Amendments

Amendment by Pub. L. 102–152 effective Dec. 1, 1991, see section 7 of Pub. L. 102–152, set out as a note under section 1114 of this title.

Amendment by Pub. L. 102–3 effective Jan. 1, 1991, see section 7 of Pub. L. 102–3, set out as a note under section 1114 of this title.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–237 effective Dec. 1, 1989, see section 106 of Pub. L. 101–237, set out as a note under section 1114 of this title.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–687 effective Dec. 1, 1988, see section 1106 of Pub. L. 100–687, set out as a note under section 1114 of this title.

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–227 effective Dec. 1, 1987, see section 107 of Pub. L. 100–227, set out as a note under section 1114 of this title.

Effective Date of 1986 Amendments

Amendment by Pub. L. 99–576 effective Dec. 1, 1986, but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective Dec. 1, 1986, as a result of a determination under section 415(i) of Title 42, see section 107 of Pub. L. 99–576, set out as a note under section 1114 of this title.

Amendment by Pub. L. 99–238 effective Dec. 1, 1985, see section 107 of Pub. L. 99–238, set out as a note under section 1114 of this title.

Effective Date of 1984 Amendments

Amendment by Pub. L. 98–543 effective Dec. 1, 1984, see section 107 of Pub. L. 98–543, set out as a note under section 1114 of this title.

Amendment by Pub. L. 98–223 effective Apr. 1, 1984, see section 107 of Pub. L. 98–223, set out as a note under section 1114 of this title.

Effective Date of 1982 Amendments

Amendments by section 102 of Pub. L. 97–306 effective Oct. 1, 1982, see section 108 of Pub. L. 97–306, set out as a note under section 1114 of this title.

Amendment by section 404(b) of Pub. L. 97–253 effective Oct. 1, 1982, see section 404(c) of Pub. L. 97–253, set out as a note under section 1114 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–66 effective Oct. 1, 1981, see section 701(a) of Pub. L. 97–66, set out as a note under section 1114 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 applicable only to payments for months beginning after Sept. 30, 1980, see section 601(a) of Pub. L. 96–385, set out as a note under section 1114 of this title.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–128 effective Oct. 1, 1979, see section 601(a)(1) of Pub. L. 96–128, set out as a note under section 1114 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95–479, set out as a note under section 1114 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–117 effective Oct. 1, 1977, see section 501 of Pub. L. 95–117, set out as a note under section 1114 of this title.

Effective Date of 1976 Amendment

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

Effective Date of 1975 Amendment

Amendment by Pub. L. 94–71 effective Aug. 1, 1975, see section 301 of Pub. L. 94–71, set out as a note under section 1114 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–295 effective May 1, 1974, see section 401 of Pub. L. 93–295, set out as a note under section 1114 of this title.

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–328 effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92–328, set out as a note under section 1114 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–376 effective July 1, 1970, see section 9 of Pub. L. 91–376, set out as a note under section 1114 of this title.

Effective Date of 1965 Amendments

Amendment by Pub. L. 89–311 effective first day of second calendar month following Oct. 31, 1965, see section 9 of Pub. L. 89–311, set out as a note under section 1114 of this title.

Pub. L. 89–137, §2, Aug. 26, 1965, 79 Stat. 576, provided that: "The foregoing provisions of this Act [amending this section and former section 1504 of this title] shall become effective on the first day of the second calendar month which begins following the date of enactment of this Act [Aug. 26, 1965]."

Effective Date of 1960 Amendment

Pub. L. 86–499, §2, June 8, 1960, 74 Stat. 165, provided that: "The amendments made by this Act [amending this section] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [June 8, 1960]."

Repeal

Pub. L. 97–253, title IV, §405(c), Sept. 8, 1982, 96 Stat. 803, cited as a credit to this section, was repealed by Pub. L. 97–306, §§107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982.

Savings Provision

Pub. L. 89–137, §1(c), Aug. 26, 1965, 79 Stat. 576, provided that: "Any veteran-trainee receiving subsistence allowance on the date of the enactment of this Act [Aug. 26, 1965] while pursuing a course of vocational rehabilitation authorized by chapter 31 of title 38, United States Code [former section 1501 et seq. of this title], shall not have such allowance reduced by reason of the amendments contained in such Act [amending this section and former section 1504 of this title]."

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

For increases in rates and limitations on Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under section 1114 of this title.

§1116. Presumptions of service connection for diseases associated with exposure to certain herbicide agents; presumption of exposure for veterans who served in the Republic of Vietnam

(a)(1) For the purposes of section 1110 of this title, and subject to section 1113 of this title

(A) a disease specified in paragraph (2) of this subsection becoming manifest as specified in that paragraph in a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975; and

(B) each additional disease (if any) that (i) the Secretary determines in regulations prescribed under this section warrants a presumption of service-connection by reason of having positive association with exposure to an herbicide agent, and (ii) becomes manifest within the period (if any) prescribed in such regulations in a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, and while so serving was exposed to that herbicide agent,


shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of such disease during the period of such service.

(2) The diseases referred to in paragraph (1)(A) of this subsection are the following:

(A) Non-Hodgkin's lymphoma becoming manifest to a degree of disability of 10 percent or more.

(B) Each soft-tissue sarcoma becoming manifest to a degree of disability of 10 percent or more other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma.

(C) Chloracne or another acneform disease consistent with chloracne becoming manifest to a degree of disability of 10 percent or more within one year after the last date on which the veteran performed active military, naval, or air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.

(D) Hodgkin's disease becoming manifest to a degree of disability of 10 percent or more.

(E) Porphyria cutanea tarda becoming manifest to a degree of disability of 10 percent or more within a year after the last date on which the veteran performed active military, naval, or air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.

(F) Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea) becoming manifest to a degree of disability of 10 percent or more.

(G) Multiple myeloma becoming manifest to a degree of disability of 10 percent or more.

(H) Diabetes Mellitus (Type 2).


(3) For purposes of this section, the term "herbicide agent" means a chemical in an herbicide used in support of the United States and allied military operations in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.

(b)(1) Whenever the Secretary determines, on the basis of sound medical and scientific evidence, that a positive association exists between (A) the exposure of humans to an herbicide agent, and (B) the occurrence of a disease in humans, the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for the purposes of this section.

(2) In making determinations for the purpose of this subsection, the Secretary shall take into account (A) reports received by the Secretary from the National Academy of Sciences under section 3 of the Agent Orange Act of 1991, and (B) all other sound medical and scientific information and analyses available to the Secretary. In evaluating any study for the purpose of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review.

(3) An association between the occurrence of a disease in humans and exposure to an herbicide agent shall be considered to be positive for the purposes of this section if the credible evidence for the association is equal to or outweighs the credible evidence against the association.

(c)(1)(A) Not later than 60 days after the date on which the Secretary receives a report from the National Academy of Sciences under section 3 of the Agent Orange Act of 1991, the Secretary shall determine whether a presumption of service connection is warranted for each disease covered by the report. If the Secretary determines that such a presumption is warranted, the Secretary, not later than 60 days after making the determination, shall issue proposed regulations setting forth the Secretary's determination.

(B) If the Secretary determines that a presumption of service connection is not warranted, the Secretary, not later than 60 days after making the determination, shall publish in the Federal Register a notice of that determination. The notice shall include an explanation of the scientific basis for that determination. If the disease already is included in regulations providing for a presumption of service connection, the Secretary, not later than 60 days after publication of the notice of a determination that the presumption is not warranted, shall issue proposed regulations removing the presumption for the disease.

(2) Not later than 90 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance.

(d) Whenever a disease is removed from regulations prescribed under this section—

(1) a veteran who was awarded compensation for such disease on the basis of the presumption provided in subsection (a) before the effective date of the removal shall continue to be entitled to receive compensation on that basis; and

(2) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from such disease on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis.


(e) Subsections (b) through (d) shall cease to be effective on September 30, 2015.

(f) For purposes of establishing service connection for a disability or death resulting from exposure to a herbicide agent, including a presumption of service-connection under this section, a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent containing dioxin or 2,4-dichlorophenoxyacetic acid, and may be presumed to have been exposed during such service to any other chemical compound in an herbicide agent, unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.

(Added Pub. L. 102–4, §2(a)(1), Feb. 6, 1991, 105 Stat. 11, §316; renumbered §1116 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title V, §505, title XII, §1201(e)(6), Nov. 2, 1994, 108 Stat. 4664, 4685; Pub. L. 104–275, title V, §505(b), Oct. 9, 1996, 110 Stat. 3342; Pub. L. 106–419, title IV, §404(a)(1), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 107–103, title II, §201(a)(1)(A), (b)–(c)(2)(A), (d)(1), Dec. 27, 2001, 115 Stat. 987, 988.)


Editorial Notes

References in Text

Section 3 of the Agent Orange Act of 1991, referred to in subsecs. (b)(2) and (c)(1)(A), is section 3 of Pub. L. 102–4, which is set out below.

Amendments

2001Pub. L. 107–103, §201(c)(2)(A), amended section catchline generally. Prior to amendment, catchline read as follows: "Presumptions of service connection for diseases associated with exposure to certain herbicide agents".

Subsec. (a)(2)(F). Pub. L. 107–103, §201(a)(1)(A), struck out "within 30 years after the last date on which the veteran performed active military, naval, or air service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975" before period at end.

Subsec. (a)(2)(H). Pub. L. 107–103, §201(b), added subpar. (H).

Subsec. (a)(3), (4). Pub. L. 107–103, §201(c)(1)(B), redesignated par. (4) as (3). Former par. (3) redesignated as subsec. (f).

Subsec. (e). Pub. L. 107–103, §201(d)(1), substituted "on September 30, 2015" for "10 years after the first day of the fiscal year in which the National Academy of Sciences transmits to the Secretary the first report under section 3 of the Agent Orange Act of 1991".

Subsec. (f). Pub. L. 107–103, §201(c)(1)(A), (C), redesignated subsec. (a)(3) as (f), substituted "For purposes of establishing service connection for a disability or death resulting from exposure to a herbicide agent, including a presumption of service-connection under this section, a veteran" for "For the purposes of this subsection, a veteran", and struck out "and has a disease referred to in paragraph (1)(B) of this subsection" after "May 7, 1975,".

2000—Subsec. (a)(2)(F). Pub. L. 106–419 inserted "of disability" after "to a degree".

1996—Subsec. (a)(1)(A). Pub. L. 104–275, §505(b)(2), substituted "during the period beginning on January 9, 1962, and ending on May 7, 1975" for "during the Vietnam era".

Subsec. (a)(1)(B). Pub. L. 104–275, §505(b)(1), substituted "during the period beginning on January 9, 1962, and ending on May 7, 1975," for "during the Vietnam era".

Subsec. (a)(2)(C), (E), (F). Pub. L. 104–275, §505(b)(2), substituted "during the period beginning on January 9, 1962, and ending on May 7, 1975" for "during the Vietnam era".

Subsec. (a)(3). Pub. L. 104–275, §505(b)(1), substituted "during the period beginning on January 9, 1962, and ending on May 7, 1975," for "during the Vietnam era".

Subsec. (a)(4). Pub. L. 104–275, §505(b)(2), substituted "during the period beginning on January 9, 1962, and ending on May 7, 1975" for "during the Vietnam era".

1994—Subsec. (a)(1)(B). Pub. L. 103–446, §1201(e)(6), substituted "(i)" for "(1)" and "(ii)" for "(2)".

Subsec. (a)(2)(D) to (G). Pub. L. 103–446, §505, added subpars. (D) to (G).

1991Pub. L. 102–83, §5(a), renumbered section 316 of this title as this section.

Subsec. (a)(1). Pub. L. 102–83, §5(c)(1), substituted "1110" for "310" and "1113" for "313" in introductory provisions.


Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Pub. L. 107–103, title II, §201(a)(1)(B), Dec. 27, 2001, 115 Stat. 987, provided that: "The amendment made by subparagraph (A) [amending this section] shall take effect January 1, 2002."

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–275 effective Jan. 1, 1997, with no benefit to be paid or provided by reason of such amendment for any period before such date, see section 505(d) of Pub. L. 104–275, set out as a note under section 101 of this title.

Toxic Exposure

Pub. L. 114–315, title VI, subtitle C, Dec. 16, 2016, 130 Stat. 1579, provided that:

"SEC. 631. DEFINITIONS.

"In this subtitle:

"(1) Armed forces.—The term 'Armed Forces' means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard.

"(2) Descendant.—The term 'descendant' means, with respect to an individual, the biological child or grandchild of that individual.

"(3) Toxic exposure.—The term 'toxic exposure' means a condition in which an individual inhaled or ingested an agent determined to be hazardous to the health of the individual or the agent came in contact with the skin or eyes of the individual in a manner that could be hazardous to the health of the individual.

"(4) Veteran.—The term 'veteran' has the meaning given that term in section 101 of title 38, United States Code.

"SEC. 632. NATIONAL ACADEMY OF MEDICINE ASSESSMENT ON RESEARCH RELATING TO THE DESCENDANTS OF INDIVIDUALS WITH TOXIC EXPOSURE.

"(a) In General.—

"(1) Agreement.—Not later than 180 days after the date of the enactment of this Act [Dec. 16, 2016], the Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academy of Medicine under which the National Academy of Medicine conducts an assessment on scientific research relating to the descendants of individuals with toxic exposure.

"(2) Alternate organization.—

"(A) In general.—If the Secretary is unable within the period prescribed in paragraph (1) to enter into an agreement described in such paragraph with the National Academy of Medicine on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization that—

"(i) is not part of the Federal Government;

"(ii) operates as a not-for-profit entity; and

"(iii) has expertise and objectivity comparable to that of the National Academy of Medicine.

"(B) Treatment.—If the Secretary enters into an agreement with another organization as described in subparagraph (A), any reference in this section to the National Academy of Medicine shall be treated as a reference to the other organization.

"(b) Elements.—The assessment conducted pursuant to the agreement entered into under subsection (a) shall include the following:

"(1) A scientific review of the scientific literature regarding toxicological and epidemiological research on descendants of individuals with toxic exposure.

"(2) An assessment of areas requiring further scientific study relating to the descendants of veterans with toxic exposure.

"(3) An assessment of the scope and methodology required to conduct adequate scientific research relating to the descendants of individuals with toxic exposure, including—

"(A) the types of individuals to be studied, including veterans with toxic exposure and the descendants of those veterans;

"(B) the number of veterans and descendants described in subparagraph (A) to be studied;

"(C) the potential alternatives for participation in such a study, including whether it would be necessary for participants to travel in order to participate;

"(D) the approximate amount of time and resources needed to prepare and conduct the research; and

"(E) the appropriate Federal agencies to participate in the research, including the Department of Defense and the Department of Veterans Affairs.

"(4) The establishment of categories, including definitions for each such category, to be used in assessing the evidence that a particular health condition is related to toxic exposure, such as—

"(A) sufficient evidence of a causal relationship;

"(B) sufficient evidence of an association;

"(C) limited or suggestive evidence of an association;

"(D) inadequate or insufficient evidence to determine whether an association exists; and

"(E) limited or suggestive evidence of no association.

"(5) An analysis of—

"(A) the feasibility of conducting scientific research to address the areas that require further study as described under paragraph (2);

"(B) the value and relevance of the information that could result from such scientific research; and

"(C) for purposes of conducting further research, the feasibility and advisability of accessing additional information held by a Federal agency that may be sensitive.

"(6) An identification of a research entity or entities with—

"(A) expertise in conducting research on health conditions of descendants of individuals with toxic exposure; and

"(B) an ability to conduct research on those health conditions to address areas requiring further scientific study as described under paragraph (2).

"(c) Report.—The agreement entered into under subsection (a) shall require the National Academy of Medicine to submit, not later than 2 years after entering into such agreement, to the Secretary of Veterans Affairs, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives—

"(1) the results of the assessment conducted pursuant to such agreement, including such recommendations as the National Academy of Medicine considers appropriate regarding the scope and methodology required to conduct adequate scientific research relating to the descendants of veterans with toxic exposure; and

"(2) a determination regarding whether the results of such assessment indicate that it is feasible to conduct further research regarding health conditions of descendants of veterans with toxic exposure, including an explanation of the basis for the determination.

"(d) Certification.—

"(1) In general.—Not later than 90 days after receiving the results of the assessment and determination under subsection (c), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a certification of the understanding of the Secretary, based on such results and determination, regarding the feasibility of conducting further research regarding health conditions of descendants of veterans with toxic exposure that is expressed by such results and determination.

"(2) Basis for certification.—The certification submitted under paragraph (1) shall include an explanation of the basis for the certification.

"SEC. 633. ADVISORY BOARD ON RESEARCH RELATING TO HEALTH CONDITIONS OF DESCENDANTS OF VETERANS WITH TOXIC EXPOSURE WHILE SERVING IN THE ARMED FORCES.

"(a) Establishment.—Unless the Secretary of Veterans Affairs certifies under section 632(d) that the results of the assessment and determination under section 632(c) indicate that it is not feasible to conduct further research regarding health conditions of descendants of veterans with toxic exposure, not later than 180 days after receiving such results and determination, the Secretary shall establish an advisory board (in this section referred to as the 'Advisory Board') to advise the Secretary in the selection of a research entity or entities under section 634, advise such entity or entities in conducting research under such section, and advise the Secretary with respect to the activities of such entity or entities under such section.

"(b) Membership.—

"(1) Composition.—The Secretary, in consultation with the National Academy of Medicine, the Director of the National Institute of Environmental Health Sciences, and such other heads of Federal agencies as the Secretary determines appropriate—

"(A) shall select not more than 13 voting members of the Advisory Board, of whom—

"(i) not less than two shall be members of organizations exempt from taxation under section 501(c)(19) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(19)];

"(ii) not less than two shall be descendants of veterans with toxic exposure while serving as members of the Armed Forces; and

"(iii) not less than seven shall be health professionals, scientists, or academics who are not employees of the Federal Government and have expertise in—

     "(I) birth defects;

     "(II) developmental disabilities;

     "(III) epigenetics;

     "(IV) public health;

     "(V) the science of environmental exposure or environmental exposure assessment;

     "(VI) the science of toxic substances; or

     "(VII) medical and research ethics; and

"(B) may select not more than two nonvoting members who are employees of the Federal Government and who are otherwise described in subparagraph (A)(iii).

"(2) Chair.—The Secretary shall select a Chair from among the members of the Advisory Board selected under paragraph (1)(A).

"(3) Terms.—

"(A) In general.—Each member of the Advisory Board shall serve a term of 2 or 3 years as determined by the Secretary.

"(B) Reappointment.—At the end of the term of a member of the Advisory Board, the Secretary may reselect the member for another term, except that no member may serve more than 4 consecutive terms.

"(c) Duties.—The Advisory Board shall—

"(1) advise the Secretary in the selection of a research entity or entities to conduct research under section 634 from among those identified under section 632(b)(6);

"(2) advise such entity or entities and assess the activities of such entity or entities in conducting such research;

"(3) develop a research strategy for such entity or entities based on, but not limited to, the results of the assessment conducted under section 632;

"(4) advise the Secretary with respect to the activities of such entity or entities under section 634;

"(5) submit recommendations to be included by such entity or entities in the report under section 634(d)(2)(C); and

"(6) not less frequently than semiannually, meet with the Secretary and representatives of such entity or entities on the research conducted by such entity or entities under section 634.

"(d) Meetings.—The Advisory Board shall meet at the call of the Chair, but not less frequently than semiannually.

"(e) Compensation.—The members of the Advisory Board shall serve without compensation.

"(f) Expenses.—The Secretary of Veterans Affairs shall determine the appropriate expenses of the Advisory Board.

"(g) Personnel.—

"(1) In general.—The Chair may, without regard to the civil service laws and regulations, appoint an executive director of the Advisory Board, who shall be a civilian employee of the Department of Veterans Affairs, and such other personnel as may be necessary to enable the Advisory Board to perform its duties.

"(2) Approval.—The appointment of an executive director under paragraph (1) shall be subject to approval by the Advisory Board.

"(3) Compensation.—The Chair may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

"SEC. 634. RESEARCH RELATING TO HEALTH CONDITIONS OF DESCENDANTS OF VETERANS WITH TOXIC EXPOSURE WHILE SERVING IN THE ARMED FORCES.

"(a) In General.—Unless the Secretary of Veterans Affairs certifies under section 632(d) that the results of the assessment and determination under section 632(c) indicate that it is not feasible to conduct further research regarding health conditions of descendants of veterans with toxic exposure, not later than 1 year after receiving such results and determination, the Secretary shall (in consultation with the advisory board established under section 633 (in this section referred to as the 'Advisory Board')) enter into an agreement with one or more research entities identified under section 632(b)(6) (excluding an entity of the Department of Veterans Affairs) to conduct research on health conditions of descendants of veterans with toxic exposure while serving as members of the Armed Forces (in this section referred to as the 'research entity or entities').

"(b) Research.—

"(1) In general.—To the extent included in the research strategy developed by the Advisory Board under section 633(c)(3), the research entity or entities shall conduct research on health conditions of descendants of veterans with toxic exposure while serving as members of the Armed Forces.

"(2) Studies.—In conducting research under paragraph (1), the research entity or entities may study any veteran, at the election of the veteran, identified under section 632(b)(3)(A) as a type of individual to be studied in order to conduct adequate scientific research relating to the descendants of veterans with toxic exposure.

"(3) Categorization.—In conducting research under paragraph (1), the research entity or entities shall assess, using the categories established under section 632(b)(4), the extent to which a health condition of a descendant of a veteran is related to the toxic exposure of the veteran while serving as a member of the Armed Forces.

"(c) Availability of Records.—

"(1) In general.—The Secretary of Defense, the Secretary of Veterans Affairs, and the head of each Federal agency identified under section 632(b)(3)(E) shall make available to the research entity or entities records held by the Department of Veterans Affairs, the Department of Defense, the Armed Forces, that Federal agency, or any other source under the jurisdiction of any such Federal agency or the Armed Forces, as appropriate, that the research entity or entities determine are necessary to carry out this section.

"(2) Mechanism for access.—The Secretary of Veterans Affairs, the Secretary of Defense, and the head of each Federal agency identified under section 632(b)(3)(E) shall jointly establish a mechanism for access by the research entity or entities to records made available under paragraph (1).

"(d) Annual Report.—

"(1) In general.—Not later than 1 year after commencing the conduct of research under this section, and not later than September 30 each year thereafter, each research entity with which the Secretary has entered into an agreement under subsection (a) shall, in consultation with the Advisory Board, submit to the Secretary of Veterans Affairs, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on the functions of such entity under this section during the year preceding the submittal of the report.

"(2) Elements.—Each report submitted under paragraph (1) shall include the following:

"(A) A summary of the research efforts that have been completed during the year preceding the submittal of the report and that are ongoing as of the date of the submittal of the report.

"(B) A description of any findings made during such year in carrying out such research efforts.

"(C) Recommendations for administrative or legislative action made by the Advisory Board based on such findings, which may include recommendations for further research under this section.

"(3) Upon request.—Upon the request of any organization exempt from taxation under section 501(c)(19) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(19)], the Secretary of Veterans Affairs may transmit to such organization a copy of a report received by the Secretary under paragraph (1)."

Report on Time Limit for Presumption of Cancer Caused by Herbicide Agent

Pub. L. 107–103, title II, §201(a)(2)–(4), Dec. 27, 2001, 115 Stat. 987, provided that:

"(2) The Secretary of Veterans Affairs shall enter into a contract with the National Academy of Sciences, not later than six months after the date of the enactment of this Act [Dec. 27, 2001], for the performance of a study to include a review of all available scientific literature on the effects of exposure to an herbicide agent containing dioxin on the development of respiratory cancers in humans and whether it is possible to identify a period of time after exposure to herbicides after which a presumption of service-connection for such exposure would not be warranted. Under the contract, the National Academy of Sciences shall submit a report to the Secretary setting forth its conclusions. The report shall be submitted not later than 18 months after the contract is entered into.

"(3) For a period of six months beginning on the date of the receipt of the report of the National Academy of Sciences under paragraph (2), the Secretary may, if warranted by clear scientific evidence presented in the National Academy of Sciences report, initiate a rulemaking under which the Secretary would specify a limit on the number of years after a claimant's departure from Vietnam after which respiratory cancers would not be presumed to have been associated with the claimant's exposure to herbicides while serving in Vietnam. Any such limit under such a rule may not take effect until 120 days have passed after the publication of a final rule to impose such a limit.

"(4)(A) Subject to subparagraphs (B) and (C), if the Secretary imposes such a limit under paragraph (3), that limit shall be effective only as to claims filed on or after the effective date of that limit.

"(B) In the case of any veteran whose disability or death due to respiratory cancer is found by the Secretary to be service-connected under section 1116(a)(2)(F) of title 38, United States Code, as amended by paragraph (1), such disability or death shall remain service-connected for purposes of all provisions of law under such title notwithstanding the imposition, if any, of a time limit by the Secretary by rulemaking authorized under paragraph (3).

"(C) Subaragraph [sic] (B) does not apply in a case in which—

"(i) the original award of compensation or service connection was based on fraud; or

"(ii) it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge."

Agreement With National Academy of Sciences

Pub. L. 102–4, §3, Feb. 6, 1991, 105 Stat. 13, as amended by Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–86, title V, §503(a), (b)(1), Aug. 14, 1991, 105 Stat. 424, 425; Pub. L. 107–103, title II, §201(d)(2), Dec. 27, 2001, 115 Stat. 988; Pub. L. 113–175, title IV, §407, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, §408, Sept. 30, 2015, 129 Stat. 535; Pub. L. 114–228, title IV, §411, Sept. 29, 2016, 130 Stat. 941; Pub. L. 115–62, title IV, §410, Sept. 29, 2017, 131 Stat. 1165; Pub. L. 115–251, title I, §127, Sept. 29, 2018, 132 Stat. 3170; Pub. L. 116–159, div. E, title IV, §5404, Oct. 1, 2020, 134 Stat. 751, provided that:

"(a) Purpose.—The purpose of this section is to provide for the National Academy of Sciences, an independent nonprofit scientific organization with appropriate expertise which is not part of the Federal Government, to review and evaluate the available scientific evidence regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides.

"(b) Agreement.—The Secretary shall seek to enter into an agreement with the National Academy of Sciences for the Academy to perform the services covered by this section. The Secretary shall seek to enter into such agreement not later than two months after the date of the enactment of the Veterans' Benefits Programs Improvement Act of 1991 [Aug. 14, 1991].

"(c) Review of Scientific Evidence.—Under an agreement between the Secretary and the National Academy of Sciences under this section, the Academy shall review and summarize the scientific evidence, and assess the strength thereof, concerning the association between exposure to an herbicide used in support of the United States and allied military operations in the Republic of Vietnam during the Vietnam era and each disease suspected to be associated with such exposure.

"(d) Scientific Determinations Concerning Diseases.—(1) For each disease reviewed, the Academy shall determine (to the extent that available scientific data permit meaningful determinations)—

"(A) whether a statistical association with herbicide exposure exists, taking into account the strength of the scientific evidence and the appropriateness of the statistical and epidemiological methods used to detect the association;

"(B) the increased risk of the disease among those exposed to herbicides during service in the Republic of Vietnam during the Vietnam era; and

"(C) whether there exists a plausible biological mechanism or other evidence of a causal relationship between herbicide exposure and the disease.

"(2) The Academy shall include in its reports under subsection (g) a full discussion of the scientific evidence and reasoning that led to its conclusions under this subsection.

"(e) Recommendations for Additional Scientific Studies.—The Academy shall make any recommendations it has for additional scientific studies to resolve areas of continuing scientific uncertainty relating to herbicide exposure. In making recommendations for further study, the Academy shall consider the scientific information that is currently available, the value and relevance of the information that could result from additional studies, and the cost and feasibility of carrying out such additional studies.

"(f) Subsequent Reviews.—An agreement under subsection (b) shall require the National Academy of Sciences—

"(1) to conduct as comprehensive a review as is practicable of the evidence referred to in subsection (c) that became available since the last review of such evidence under this section; and

"(2) to make its determinations and estimates on the basis of the results of such review and all other reviews conducted for the purposes of this section.

"(g) Reports.—(1) The agreement between the Secretary and the National Academy of Sciences shall require the Academy to transmit to the Secretary and the Committees on Veterans' Affairs of the Senate and House of Representatives periodic written reports regarding the Academy's activities under the agreement. Such reports shall be submitted at least once every two years (as measured from the date of the first report).

"(2) The first report under this subsection shall be transmitted not later than the end of the 18-month period beginning on the date of the enactment of this Act [Feb. 6, 1991]. That report shall include (A) the determinations and discussion referred to in subsection (d), (B) any recommendations of the Academy under subsection (e), and (C) the recommendation of the Academy as to whether the provisions of each of sections 6 through 9 [set out below] should be implemented by the Secretary. In making its recommendation with respect to each such section, the Academy shall consider the scientific information that is currently available, the value and relevance of the information that could result from implementing that section, and the cost and feasibility of implementing that section. If the Academy recommends that the provisions of section 6 should be implemented, the Academy shall also recommend the means by which clinical data referred to in that section could be maintained in the most scientifically useful way.

"(h) Limitation on Authority.—The authority to enter into agreements under this section shall be effective for a fiscal year to the extent that appropriations are available.

"(i) Sunset.—This section shall cease to be effective on September 30, 2022.

"(j) Alternative Contract Scientific Organization.—If the Secretary is unable within the time period prescribed in subsection (b) to enter into an agreement with the National Academy of Sciences for the purposes of this section on terms acceptable to the Secretary, the Secretary shall seek to enter into an agreement for the purposes of this section with another appropriate scientific organization that is not part of the Government and operates as a not-for-profit entity and that has expertise and objectivity comparable to that of the National Academy of Sciences. If the Secretary enters into such an agreement with another organization, then any reference in this section and in section 1116 [formerly 316] of title 38, United States Code (as added by section 2), to the National Academy of Sciences shall be treated as a reference to the other organization.

"(k) Liability Insurance.—(1) The Secretary may provide liability insurance for the National Academy of Sciences or any other contract scientific organization to cover any claim for money damages for injury, loss of property, personal injury, or death caused by any negligent or wrongful act or omission of any person referred to in paragraph (2) in carrying out any of the following responsibilities of the Academy or such other organization, as the case may be, under an agreement entered into with the Secretary pursuant to this section:

"(A) The review, summarization, and assessment of scientific evidence referred to in subsection (c).

"(B) The making of any determination, on the basis of such review and assessment, regarding the matters set out in clauses (A) through (C) of subsection (d)(1), and the preparation of the discussion referred to in subsection (d)(2).

"(C) The making of any recommendation for additional scientific study under subsection (e).

"(D) The conduct of any subsequent review referred to in subsection (f) and the making of any determination or estimate referred to in such subsection.

"(E) The preparation of the reports referred to in subsection (g).

"(2) A person referred to in paragraph (1) is—

"(A) an employee of the National Academy of Sciences or other contract scientific organization referred to in paragraph (1); or

"(B) any individual appointed by the President of the Academy or the head of such other contract scientific organization, as the case may be, to carry out any of the responsibilities referred to in such paragraph.

"(3) The cost of the liability insurance referred to in paragraph (1) shall be made from funds available to carry out this section.

"(4) The Secretary shall reimburse the Academy or person referred to in paragraph (2) for the cost of any judgments (if any) and reasonable attorney's fees and incidental expenses, not compensated by the liability insurance referred to in paragraph (1) or by any other insurance maintained by the Academy, incurred by the Academy or person referred to in paragraph (2), in connection with any legal or administrative proceedings arising out of or in connection with the work to be performed under the agreement referred to in paragraph (1). Reimbursement of the cost of such judgments, attorney's fees, and incidental expenses shall be paid from funds appropriated for such reimbursement or appropriated to carry out this section, but in no event shall any such reimbursement be made from funds authorized pursuant to section 1304 of title 31, United States Code."

Results of Examinations and Treatment of Veterans for Disabilities Related to Exposure to Certain Herbicides or to Service in Vietnam

Pub. L. 102–4, §6, Feb. 6, 1991, 105 Stat. 15, as amended by Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:

"(a) In General.—Subject to subsections (d) and (e), the Secretary of Veterans Affairs shall compile and analyze, on a continuing basis, all clinical data that (1) is obtained by the Department of Veterans Affairs in connection with examinations and treatment furnished to veterans by the Department after November 3, 1981, by reason of eligibility provided in section 1710(e)(1)(A) of title 38, United States Code, and (2) is likely to be scientifically useful in determining the association, if any, between the disabilities of veterans referred to in such section and exposure to dioxin or any other toxic substance referred to in such section or between such disabilities and active military, naval, or air service in the Republic of Vietnam during the Vietnam era.

"(b) Annual Report.—The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives an annual report containing—

"(1) the information compiled in accordance with subsection (a);

"(2) the Secretary's analysis of such information;

"(3) a discussion of the types and incidences of disabilities identified by the Department of Veterans Affairs in the case of veterans referred to in subsection (a);

"(4) the Secretary's explanation for the incidence of such disabilities;

"(5) other explanations for the incidence of such disabilities considered reasonable by the Secretary; and

"(6) the Secretary's views on the scientific validity of drawing conclusions from the incidence of such disabilities, as evidenced by the data compiled under subsection (a), about any association between such disabilities and exposure to dioxin or any other toxic substance referred to in section 1710(e)(1)(A) of title 38, United States Code, or between such disabilities and active military, naval, or air service, in the Republic of Vietnam during the Vietnam era.

"(c) First Report.—The first report under subsection (b) shall be submitted not later than one year after the effective date of this section [see subsec. (e) of this section].

"(d) Funding.—The authority of the Secretary to carry out this section is effective in any fiscal year only to the extent or in the amount specifically provided in statutory language in appropriations Acts.

"(e) Effective Date.—(1) This section shall take effect at the end of the 90-day period beginning on the date on which the first report of the National Academy of Sciences under section 3(g) [set out above] is received by the Secretary, except that this section shall not take effect if the Secretary, after receiving that report and before the end of that 90-day period—

"(A) determines that it is not feasible or cost-effective to carry out this section or that carrying out this section would not make a material contribution to the body of scientific knowledge concerning the health effects in humans of herbicide exposure; and

"(B) notifies the Committees on Veterans' Affairs of the Senate and House of Representatives of the Secretary's determination and the reasons therefor.

"(2) In making a determination under this subsection, the Secretary shall give great weight to the views and recommendations of the Academy expressed in that report with respect to the implementation of this section."

Tissue Archiving System

Pub. L. 102–4, §7, Feb. 6, 1991, 105 Stat. 16, provided that:

"(a) Establishment of System.—Subject to subsections (e) and (f), for the purpose of facilitating future scientific research on the effects of exposure of veterans to dioxin and other toxic agents in herbicides used in support of United States and allied military operations in the Republic of Vietnam during the Vietnam era, the Secretary of Veterans Affairs shall establish and maintain a system for the collection and storage of voluntarily contributed samples of blood and tissue of veterans who performed active military, naval, or air service in the Republic of Vietnam during the Vietnam era.

"(b) Security of Specimens.—The Secretary shall ensure that the tissue is collected and stored under physically secure conditions and that the tissue is maintained in a condition that is useful for research referred to in subsection (a).

"(c) Authorized Use of Specimens.—The Secretary may make blood and tissue available from the system for research referred to in subsection (a). The Secretary shall carry out this section in a manner consistent with the privacy rights and interests of the blood and tissue donors.

"(d) Limitations on Acceptance of Samples.—The Secretary may prescribe such limitations on the acceptance and storage of blood and tissue samples as the Secretary considers appropriate consistent with the purpose specified in subsection (a).

"(e) Funding.—The authority of the Secretary to carry out this section is effective in any fiscal year only to the extent or in the amount specifically provided in statutory language in appropriations Acts.

"(f) Effective Date.—(1) This section shall take effect at the end of the 90-day period beginning on the date on which the first report of the National Academy of Sciences under section 3(g) [set out above] is received by the Secretary, except that this section shall not take effect if the Secretary, after receiving that report and before the end of that 90-day period—

"(A) determines that it is not feasible or cost-effective to carry out this section or that carrying out this section would not make a material contribution to the body of scientific knowledge concerning the health effects in humans of herbicide exposure; and

"(B) notifies the Committees on Veterans' Affairs of the Senate and House of Representatives of the Secretary's determination and the reasons therefor.

"(2) In making a determination under this subsection, the Secretary shall give great weight to the views and recommendations of the Academy expressed in that report with respect to the implementation of this section."

Scientific Research Feasibility Studies Program

Pub. L. 102–4, §8, Feb. 6, 1991, 105 Stat. 17, provided that:

"(a) Establishment of Program.—Subject to subsections (e) and (f), the Secretary of Veterans Affairs shall establish a program to provide for the conduct of studies of the feasibility of conducting additional scientific research on—

"(1) health hazards resulting from exposure to dioxin;

"(2) health hazards resulting from exposure to other toxic agents in herbicides used in support of United States and allied military operations in the Republic of Vietnam during the Vietnam era; and

"(3) health hazards resulting from active military, naval, or air service in the Republic of Vietnam during the Vietnam era.

"(b) Program Requirements.—(1) Under the program established pursuant to subsection (a), the Secretary shall, pursuant to criteria prescribed pursuant to paragraph (2), award contracts or furnish financial assistance to non-Government entities for the conduct of studies referred to in subsection (a).

"(2) The Secretary shall prescribe criteria for (A) the selection of entities to be awarded contracts or to receive financial assistance under the program, and (B) the approval of studies to be conducted under such contracts or with such financial assistance.

"(c) Report.—The Secretary shall promptly report the results of studies conducted under the program to the Committees on Veterans' Affairs of the Senate and the House of Representatives.

"(d) Consultation With the National Academy of Sciences.—(1) To the extent provided under any agreement entered into by the Secretary and the National Academy of Sciences under this Act [Pub. L. 102–4, see Short Title of 1991 Amendments note under section 101 of this title]—

"(A) the Secretary shall consult with the Academy regarding the establishment and administration of the program under subsection (a); and

"(B) the Academy shall review the studies conducted under contracts awarded pursuant to the program and the studies conducted with financial assistance furnished pursuant to the program.

"(2) The agreement shall require the Academy to submit to the Secretary and the Committees on Veterans' Affairs of the Senate and the House of Representatives any recommendations that the Academy considers appropriate regarding any studies reviewed under the agreement.

"(e) Funding.—The authority of the Secretary to carry out this section is effective in any fiscal year only to the extent or in the amount specifically provided in statutory language in appropriations Acts.

"(f) Effective Date.—(1) This section shall take effect at the end of the 90-day period beginning on the date on which the first report of the National Academy of Sciences under section 3(g) [set out above] is received by the Secretary, except that this section shall not take effect if the Secretary, after receiving that report and before the end of that 90-day period—

"(A) determines that it is not feasible or cost-effective to carry out this section or that carrying out this section would not make a material contribution to the body of scientific knowledge concerning the health effects in humans of herbicide exposure; and

"(B) notifies the Committees on Veterans' Affairs of the Senate and House of Representatives of the Secretary's determination and the reasons therefor.

"(2) In making a determination under this subsection, the Secretary shall give great weight to the views and recommendations of the Academy expressed in that report with respect to the implementation of this section."

Blood Testing of Certain Vietnam-Era Veterans

Pub. L. 102–4, §9, Feb. 6, 1991, 105 Stat. 18, as amended by Pub. L. 102–83, §5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:

"(a) Blood Testing.—Subject to subsections (d) and (e), in the case of a veteran described in section 1710(e)(1)(A) of title 38, United States Code, who—

"(1) has applied for medical care from the Department of Veterans Affairs; or

"(2) has filed a claim for, or is in receipt of disability compensation under chapter 11 of title 38, United States Code,

the Secretary of Veterans Affairs shall, upon the veteran's request, obtain a sufficient amount of blood serum from the veteran to enable the Secretary to conduct a test of the serum to ascertain the level of 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD) which may be present in the veteran's body.

"(b) Notification of Test Results.—Upon completion of such test, the Secretary shall notify the veteran of the test results and provide the veteran a complete explanation as to what, if anything, the results of the test indicate regarding the likelihood of the veteran's exposure to TCDD while serving in the Republic of Vietnam.

"(c) Incorporation in System.—The Secretary shall maintain the veteran's blood sample and the results of the test as part of the system required by section 7 [set out above].

"(d) Funding.—The authority of the Secretary to carry out this section is effective in any fiscal year only to the extent or in the amount specifically provided in statutory language in appropriations Acts, but such amount shall not exceed $4,000,000 in any fiscal year.

"(e) Effective Date.—(1) This section shall take effect at the end of the 90-day period beginning on the date on which the first report of the National Academy of Sciences under section 3(g) [set out above] is received by the Secretary, except that this section shall not take effect if the Secretary, after receiving that report and before the end of that 90-day period—

"(A) determines that it is not feasible or cost-effective to carry out this section or that carrying out this section would not make a material contribution to the body of scientific knowledge concerning the health effects in humans of herbicide exposure; and

"(B) notifies the Committees on Veterans' Affairs of the Senate and House of Representatives of the Secretary's determination and the reasons therefor.

"(2) In making a determination under this subsection, the Secretary shall give great weight to the views and recommendations of the Academy expressed in that report with respect to the implementation of this section."

Study of Effect of Vietnam Experience on Health Status of Women Vietnam Veterans

Pub. L. 99–272, title XIX, §19031, Apr. 7, 1986, 100 Stat. 385, provided that:

"(a) Requirement for Epidemiological Study.—(1)(A) Except as provided in paragraph (2), the Administrator of Veterans' Affairs shall provide for the conduct of an epidemiological study of any long-term adverse health effects (particularly gender-specific health effects) which have been experienced by women who served in the Armed Forces of the United States in the Republic of Vietnam during the Vietnam era and which may have resulted from traumatic experiences during such service, from exposure during such service to phenoxy herbicides (including the herbicide known as Agent Orange), to other herbicides, chemicals, or medications that may have deleterious health effects, or to environmental hazards, or from any other experience or exposure during such service.

"(B) The Administrator may include in the study conducted under this paragraph an evaluation of the means of detecting and treating long-term adverse health effects (particularly gender-specific health effects) found through the study.

"(2)(A) If the Administrator, in consultation with the Director of the Office of Technology Assessment, determines that it is not feasible to conduct a scientifically valid study of an aspect of the matters described in paragraph (1)—

"(i) the Administrator shall promptly submit to the appropriate committees of the Congress a notice of that determination and the reasons for the determination; and

"(ii) the Director, not later than 60 days after the date on which such notice is submitted to the committees, shall submit to such committees a report evaluating and commenting on such determination.

"(B) The Administrator is not required to study any aspect of the matters described in paragraph (1) with respect to which a determination is made and a notice is submitted pursuant to subparagraph (A)(i).

"(C) If the Administrator submits to the Congress notice of a determination made pursuant to subparagraph (A) that it is not scientifically feasible to conduct the study described in paragraph (1)(A), this section (effective as of the date of such notice) shall cease to have effect as if repealed by law.

"(3) The Administrator shall provide for the study to be conducted through contracts or other agreements with private or public agencies or persons.

"(b) Approval of Protocol.—(1) The study required by subsection (a) shall be conducted in accordance with a protocol approved by the Director of the Office of Technology Assessment.

"(2) Not later than July 1, 1986, the Administrator shall publish a request for proposals for the design of the protocol to be used in conducting the study under this section.

"(3) In considering any proposed protocol for use or approval under this subsection, the Administrator and the Director shall take into consideration—

"(A) the protocol approved under section 307(a)(2)(A)(i) of the Veterans Health Programs Extension and Improvement Act of 1979 (Public Law 96–151; 38 U.S.C. 219 note [1116 note]); and

"(B) the experience under the study being conducted pursuant to that protocol.

"(c) OTA Reports.—(1) Concurrent with the approval or disapproval of any protocol under subsection (b)(1), the Director shall submit to the appropriate committees of the Congress a report—

"(A) explaining the reasons for the Director's approval or disapproval of the protocol, as the case may be; and

"(B) containing the Director's conclusions regarding the scientific validity and objectivity of the protocol.

"(2) If the Director has not approved a protocol under subsection (b)(1) by the last day of the 180-day period beginning on the date of the enactment of this Act [Apr. 7, 1986], the Director—

"(A) shall, on such day, submit to the appropriate committees of the Congress a report describing the reasons why the Director has not approved such a protocol; and

"(B) shall, each 60 days thereafter until such a protocol is approved, submit to such committees an updated report on the report required by clause (A).

"(d) OTA Monitoring of Compliance.—(1) In order to ensure compliance with the protocol approved under subsection (b)(1), the Director shall monitor the conduct of the study under subsection (a).

"(2)(A) The Director shall submit to the appropriate committees of the Congress, at each of the times specified in subparagraph (B), a report on the Director's monitoring of the conduct of the study pursuant to paragraph (1).

"(B) A report shall be submitted under subparagraph (A)—

"(i) before the end of the 6-month period beginning on the date on which the Director approves the protocol referred to in paragraph (1);

"(ii) before the end of the 12-month period beginning on such date; and

"(iii) annually thereafter until the study is completed or terminated.

"(e) Duration of Study.—The study conducted pursuant to subsection (a) shall be continued for as long after the date on which the first report is submitted under subsection (f)(1) as the Administrator determines that there is a reasonable possibility of developing, through such study, significant new information on the health effects described in subsection (a)(1).

"(f) Reports.—(1) Not later than 24 months after the date of the approval of the protocol pursuant to subsection (b)(1) and annually thereafter, the Administrator shall submit to the appropriate committees of the Congress a report containing—

"(A) a description of the results obtained, before the date of such report, under the study conducted pursuant to subsection (a); and

"(B) any administrative actions or recommended legislation, or both, and any additional comments which the Administrator considers appropriate in light of such results.

"(2) Not later than 90 days after the date on which each report required by paragraph (1) is submitted, the Administrator shall publish in the Federal Register, for public review and comment, a description of any action that the Administrator plans or proposes to take with respect to programs administered by the Veterans' Administration based on—

"(A) the results described in such report;

"(B) the comments and recommendations received on that report; and

"(C) any other available pertinent information.

Each such description shall include a justification or rationale for the planned or proposed action.

"(g) Definitions.—For the purposes of this section:

"(1) The term 'gender-specific health effects' includes—

"(A) effects on female reproductive capacity and reproductive organs;

"(B) effects on reproductive outcomes;

"(C) effects on female-specific organs and tissues; and

"(D) other effects unique to the physiology of females.

"(2) The term 'Vietnam era' has the meaning given such term in section 101(29) of title 38, United States Code."

Agent Orange Study; Report to Congressional Committees

Pub. L. 96–151, title III, §307, Dec. 20, 1979, 93 Stat. 1097, as amended by Pub. L. 97–72, title IV, §401, Nov. 3, 1981, 95 Stat. 1061; Pub. L. 98–542, §8(a), Oct. 24, 1984, 98 Stat. 2731, directed that a protocol be designed for an epidemiological study of the long-term health effects of Agent Orange on Armed Forces personnel who served in Vietnam, and that reports be submitted to Congress describing results with comments and recommendations.

§1116A. Presumptions of service connection for veterans who served offshore of the Republic of Vietnam

(a) Service Connection.—For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease covered by section 1116 of this title becoming manifest as specified in that section in a veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of evidence of such disease during the period of such service.

(b) Exposure.—A veteran who, during active military, naval, or air service, served offshore of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent unless there is affirmative evidence to establish that the veteran was not exposed to any such agent during that service.

(c) Effective Date of Award.—(1) Except as provided by paragraph (2), the effective date of an award under this section shall be determined in accordance with section 5110 of this title.

(2)(A) Notwithstanding subsection (g) of section 5110 of this title, the Secretary shall determine the effective date of an award based on a claim under this section for an individual described in subparagraph (B) by treating the date on which the individual filed the prior claim specified in clause (i) of such subparagraph as the date on which the individual filed the claim so awarded under this section.

(B) An individual described in this subparagraph is a veteran, or a survivor of a veteran, who meets the following criteria:

(i) The veteran or survivor submitted a claim for disability compensation on or after September 25, 1985, and before January 1, 2020, for a disease covered by this section, and the claim was denied by reason of the claim not establishing that the disease was incurred or aggravated by the service of the veteran.

(ii) The veteran or survivor submits a claim for disability compensation on or after January 1, 2020, for the same condition covered by the prior claim under clause (i), and the claim is approved pursuant to this section.


(d) Determination of Offshore.—Notwithstanding any other provision of law, for purposes of this section, the Secretary shall treat a location as being offshore of Vietnam if the location is not more than 12 nautical miles seaward of a line commencing on the southwestern demarcation line of the waters of Vietnam and Cambodia and intersecting the following points:

Points Geographic NamesLatitude

North

Longitude

East

At Hon Nhan Island, Tho Chu Archipelago Kien Giang Province 9°15.0′ 103°27.0′
At Hon Da Island southeast of Hon Khoai Island Minh Hai Province 8°22.8′ 104°52.4′
At Tai Lon Islet, Con Dao Islet in Con Dao-Vung Toa Special Sector 8°37.8′ 106°37.5′
At Bong Lai Islet, Con Dao Islet 8°38.9′ 106°40.3′
At Bay Canh Islet, Con Dao Islet 8°39.7′ 106°42.1′
At Hon Hai Islet (Phu Qui group of islands) Thuan Hai Province 9°58.0′ 109°5.0′
At Hon Doi Islet, Thuan Hai Province 12°39.0′ 109°28.0′
At Dai Lanh point, Phu Khanh Province 12°53.8′ 109°27.2′
At Ong Can Islet, Phu Khanh Province 13°54.0′ 109°21.0′
At Ly Son Islet, Nghia Binh Province 15°23.1′ 109° 9.0′
At Con Co Island, Binh Tri Thien Province 17°10.0′ 107°20.6′

(e) Herbicide Agent.—In this section, the term "herbicide agent" has the meaning given that term in section 1116(a)(3) of this title.

(Added Pub. L. 116–23, §2(a), June 25, 2019, 133 Stat. 966.)


Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–23, §2(g), June 25, 2019, 133 Stat. 969, provided that: "The amendments made by this section [enacting this section and amending section 1710 of this title] shall take effect on January 1, 2020."

Implementation

Pub. L. 116–23, §2(c), June 25, 2019, 133 Stat. 968, provided that:

"(1) Guidance.—Notwithstanding section 501 of such title, the Secretary of Veterans Affairs may issue guidance to implement section 1116A of title 38, United States Code, as added by subsection (a), before prescribing new regulations under such section.

"(2) Updates.—(A) Not later than 120 days after the date of the enactment of this Act [June 25, 2019], the Secretary shall submit a report to the Committees on Veterans' Affairs of the House of Representatives and the Senate regarding the plans of the Secretary—

"(i) to conduct outreach under subsection (d); and

"(ii) to respond to inquiries from veterans regarding claims for disability compensation under section 1116A of title 38, United States Code, as added by subsection (a) of this section.

"(B) On a quarterly basis during the period beginning on the date of the enactment of this Act and ending on the date on which regulations are prescribed to carry out such section 1116A, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate updates on the status of such regulations.

"(3) Pending cases.—

"(A) Authority to stay.—The Secretary may stay a claim described in subparagraph (B) until the date on which the Secretary commences the implementation of such section 1116A.

"(B) Claims described.—A claim described in this subparagraph is a claim for disability compensation—

"(i) relating to the service and diseases covered by such section 1116A; and

"(ii) that is pending at the Veterans Benefits Administration or the Board of Veterans' Appeals on or after the date of th