US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 1162

Clothing allowance

(a)

Eligibility Requirements .—

1
1 See Special Benefit Allowance Rates note below.
The Secretary, under regulations which the Secretary shall prescribe, shall pay a clothing allowance of $716  per year to each veteran who—
(1)
because of a service-connected disability, wears or uses a prosthetic or orthopedic appliance (including a wheelchair) which the Secretary determines tends to wear out or tear the clothing of the veteran; or
(2)
uses medication which—
(A)
a physician has prescribed for a skin condition which is due to a service-connected disability; and
(B)
the Secretary determines causes irreparable damage to the veteran’s outergarments.
(b)

Continuous Nature of Payments .—

Payments made to a veteran under subsection (a) shall continue on an automatically recurring annual basis until the earlier of the following:
(1)
The date on which the veteran elects to no longer receive such payments.
(2)
The date on which the Secretary determines the veteran is no longer eligible pursuant to subsection (c).
(c)

Reviews of Claims .—

(1)
The Secretary shall, in accordance with this subsection, conduct reviews of a claim on which a clothing allowance for a veteran under subsection (a) is based to determine the continued eligibility of the veteran for such allowance.
(2)
The Secretary shall prescribe standards for determining whether a claim for a clothing allowance is based on a veteran’s wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication whose wear or tear or irreparable damage on a veteran’s outergarments or clothing is as likely as not subject to no change for the duration of such wearing or use.
(3)
(A)
If the Secretary determines, pursuant to standards prescribed under paragraph (2), that a claim for a clothing allowance is based on wear or tear or irreparable damage that is as likely as not subject to no change, the veteran shall continue to be deemed eligible for receipt of a clothing allowance under this section until the Secretary—
(i)
receives notice under subparagraph (B); or
(ii)
finds otherwise under subparagraph (C) or (D).
(B)
The Secretary shall require a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, to notify the Secretary when the veteran terminates the wearing or use of such a prosthetic, orthopedic appliance, or medication.
(C)
For each veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, the Secretary shall periodically review the veteran’s Department records for evidence that the veteran has terminated the wearing or use of such a prosthetic, orthopedic appliance, or medication.
(D)
If a veteran who is receiving a clothing allowance under subsection (a), based on the wearing or use of a prosthetic, orthopedic appliance (including a wheelchair), or medication, has received such clothing allowance beyond the prescribed or intended lifespan of such prosthetic, orthopedic appliance, or medication, the Secretary may periodically request the veteran to attest to continued usage.
(4)
If the Secretary determines that a claim for a clothing allowance under subsection (a) does not meet the requirements of paragraph (3)(A), then the Secretary may require the veteran to recertify the veteran’s continued eligibility for a clothing allowance under this section periodically, but not more frequently than once each year.
(5)
When reviewing a claim under this subsection, the Secretary shall evaluate the evidence presented by the veteran and such other relevant evidence as the Secretary determines appropriate.
(d)

Determination Regarding Continued Eligibility .—

If the Secretary determines, as the result of a review of a claim conducted under subsection (c), that the veteran who submitted such claim no longer meets the requirements specified in subsection (a), the Secretary shall—
(1)
section 5104C of this title provide to the veteran notice of such determination that includes a description of applicable actions that may be taken following the determination, including the actions specified in ; and
(2)
discontinue the clothing allowance based on such claim.

Pub. L. 92–328, title I, § 103(a)86 Stat. 394Pub. L. 94–71, title I, § 10389 Stat. 396Pub. L. 94–433, title III, § 30190 Stat. 1377Pub. L. 95–117, title III, § 30191 Stat. 1065Pub. L. 95–479, title I, § 10392 Stat. 1562Pub. L. 96–128, title I, § 10393 Stat. 984Pub. L. 96–385, title I, § 10394 Stat. 1529Pub. L. 97–66, title I, § 10395 Stat. 1027Pub. L. 97–253, title IV, § 405(d)96 Stat. 804Pub. L. 97–306, title I96 Stat. 1430Pub. L. 98–223, title I, § 10398 Stat. 38Pub. L. 98–543, title I, § 10398 Stat. 2736Pub. L. 99–238, title I, § 10399 Stat. 1766Pub. L. 99–576, title I, § 103100 Stat. 3251Pub. L. 100–227, title I, § 103101 Stat. 1553Pub. L. 100–687, div. B, title XI, § 1103102 Stat. 4124Pub. L. 101–237, title I103 Stat. 2063Pub. L. 102–3, § 4105 Stat. 8Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 102–152, § 4105 Stat. 986Pub. L. 103–78, § 3107 Stat. 768Pub. L. 103–140, § 4107 Stat. 1486Pub. L. 105–98, § 4111 Stat. 2156Pub. L. 106–118, § 4113 Stat. 1602Pub. L. 107–94, § 4115 Stat. 901Pub. L. 107–330, title III, § 309(c)116 Stat. 2830Pub. L. 108–454, title III, § 307(c)118 Stat. 3613Pub. L. 109–111, § 2(c)119 Stat. 2363Pub. L. 109–444, § 9(c)120 Stat. 3315Pub. L. 109–461, title X120 Stat. 3467Pub. L. 110–324, § 3(c)122 Stat. 3551Pub. L. 111–37, § 3(c)123 Stat. 1929Pub. L. 117–328, div. U, title II, § 201(b)136 Stat. 5446(Added , , , § 362; amended , , ; , title IV, § 404(24), , , 1379; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 103, 107, , , 1431; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 103, 112, , , 2065; , , ; renumbered § 1162, , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 1005(c), 1006(b), , , 3468; , , ; , , ; , , .)

Disability Compensation and Dependency and Indemnity Compensation Rate Increases

section 1114 of this titleFor increases in rates of Department of Veterans Affairs disability compensation and dependency and indemnity compensation, see notes set out under .

Editorial Notes

Amendments

Pub. L. 117–3282022— designated existing provisions as subsec. (a) and inserted heading, inserted comma after “The Secretary” in introductory provisions, and added subsecs. (b) to (d).

Pub. L. 117–328, § 201(b)(2)Subsec. (a)(2). , substituted “which—

“(A) a physician has prescribed for a skin condition which is due to a service-connected disability; and

“(B) the Secretary determines causes irreparable damage to the veteran’s outergarments.”

for “which (A) a physician has prescribed for a skin condition which is due to a service-connected disability, and (B) the Secretary determines causes irreparable damage to the veteran’s outergarments.”

Pub. L. 111–372009— substituted “$716” for “$677” in introductory provisions.

Pub. L. 110–3242008— substituted “$677” for “$662” in introductory provisions.

Pub. L. 109–461, § 1006(b)Pub. L. 109–461Pub. L. 109–444Pub. L. 109–444section 1006(b) of Pub. L. 109–461Pub. L. 109–444section 101 of this title2006—, provided that as of the enactment of , the amendments made by were deemed for all purposes not to have taken effect and that ceased to be in effect. See Amendment notes below and , set out as a Coordination of Provisions With note under .

Pub. L. 109–461, § 1005(c), substituted “$662” for “$641”.

Pub. L. 109–444Pub. L. 109–461, § 1006(b), which substituted “$662” for “$641”, was terminated by . See Amendment notes above.

Pub. L. 109–1112005— substituted “$641” for “$600”.

Pub. L. 108–4542004— substituted “$600” for “$588”.

Pub. L. 107–3302002— substituted “$588” for “$580”.

Pub. L. 107–942001— substituted “$580” for “$546”.

Pub. L. 106–1181999— substituted “$546” for “$528”.

Pub. L. 105–981997— substituted “$528” for “$478”.

Pub. L. 103–1401993— substituted “$478” for “$466”.

Pub. L. 103–78 substituted “$466” for “$452”.

Pub. L. 102–1521991— substituted “$452” for “$436”.

Pub. L. 102–83section 362 of this title renumbered as this section.

Pub. L. 102–3 substituted “$436” for “$414”.

Pub. L. 101–237, § 1121989—, substituted “Secretary under” for “Administrator under” and “Secretary shall” for “Administrator shall”, and substituted “who—” and pars. (1) and (2) for “who because of disability which is compensable under the provisions of this chapter, wears or uses prosthetic or orthopedic appliance or appliances (including a wheelchair) which the Administrator determines tends to wear out or tear the clothing of such a veteran.”

Pub. L. 101–237, § 103, substituted “$414” for “$395”.

Pub. L. 100–6871988— substituted “$395” for “$380”.

Pub. L. 100–2271987— substituted “$380” for “$365”.

Pub. L. 99–5761986— substituted “$365” for “$360”.

Pub. L. 99–238 substituted “$360” for “$349”.

Pub. L. 98–5431984— substituted “$349” for “$338”.

Pub. L. 98–223 substituted “$338” for “$327”.

Pub. L. 97–306Pub. L. 97–253, § 405(d)1982—, §§ 103, 107, 108, substituted “$327” for “$305” and repealed amendment made by , eff. .

Pub. L. 97–253, § 405(d), (h), eff. , substituted “$304” for “$305” after “clothing allowance of”.

Pub. L. 97–661981— substituted “$305” for “$274”.

Pub. L. 96–3851980— substituted “$274” for “$240”.

Pub. L. 96–1281979— substituted “$240” for “$218”.

Pub. L. 95–4791978— substituted “$218” for “$203”.

Pub. L. 95–1171977— substituted “$203” for “$190”.

Pub. L. 94–4331976—, §§ 301, 404(24), substituted “$190” for “$175” and “the Administrator shall prescribe” for “he shall prescribe”.

Pub. L. 94–711975— substituted “$175” for “$150”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. U, title II, § 201(c)136 Stat. 5447

“The amendments made by subsection (b) [amending this section] shall apply with respect to—
“(1)
claims for clothing allowance submitted on or after the date of the enactment of this Act []; and
“(2)
claims for clothing allowance submitted prior to the date of the enactment of this Act, if the veteran who submitted such claim is in receipt of the clothing allowance as of the date of the enactment of this Act.”
, , , provided that:

Effective Date of 2009 Amendment

Pub. L. 111–37section 3(g) of Pub. L. 111–37section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–324section 3(f) of Pub. L. 110–324section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2005 Amendment

Pub. L. 109–111section 2(f) of Pub. L. 109–111section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2001 Amendment

Pub. L. 107–94section 7 of Pub. L. 107–94section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1999 Amendment

Pub. L. 106–118section 7 of Pub. L. 106–118section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1997 Amendment

Pub. L. 105–98section 7 of Pub. L. 105–98section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1993 Amendment

Pub. L. 103–140section 7 of Pub. L. 103–140section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1991 Amendments

Pub. L. 102–152section 7 of Pub. L. 102–152section 1114 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 102–3section 7 of Pub. L. 102–3section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1989 Amendment

section 103 of Pub. L. 101–237section 106 of Pub. L. 101–237section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–687section 1106 of Pub. L. 100–687section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1987 Amendment

Pub. L. 100–227section 107 of Pub. L. 100–227section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1986 Amendments

Pub. L. 99–576section 415(i) of Title 42section 107 of Pub. L. 99–576section 1114 of this titleAmendment by effective , but not effective unless benefit amounts payable under section 401 et seq. of Title 42, The Public Health and Welfare, are increased effective , as a result of a determination under , see , set out as a note under .

Pub. L. 99–238section 107 of Pub. L. 99–238section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1984 Amendments

Pub. L. 98–543section 107 of Pub. L. 98–543section 1114 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 98–223section 107 of Pub. L. 98–223section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–306section 108 of Pub. L. 97–306section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1981 Amendment

Pub. L. 97–66section 701(a) of Pub. L. 97–66section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–385section 601(a) of Pub. L. 96–385section 1114 of this titleAmendment by applicable only to payments for months beginning after , see , set out as a note under .

Effective Date of 1979 Amendment

Pub. L. 96–128section 601(a)(1) of Pub. L. 96–128section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–479section 401(a) of Pub. L. 95–479section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1977 Amendment

Pub. L. 95–117section 501 of Pub. L. 95–117section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1976 Amendment

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

Effective Date of 1975 Amendment

Pub. L. 94–71section 301 of Pub. L. 94–71section 1114 of this titleAmendment by effective , see , set out as a note under .

Effective Date

section 301(a) of Pub. L. 92–328section 1114 of this titleSection effective first day of second calendar month which begins after , see , set out as an Effective Date of 1972 Amendment note under .

Repeal

Section 405(d) of Pub. L. 97–253Pub. L. 97–30696 Stat. 1431, cited as a credit to this section, was repealed by , §§ 107, 108, , , 1432, eff. .

Special Benefit Allowance Rates

For current VA special benefit allowance rates, see https://www.va.gov/disability/compensation-rates/special-benefit-allowance-rates/