Pub. L. 85–85772 Stat. 1127Pub. L. 94–433, title IV, § 405(7)90 Stat. 1379Pub. L. 95–479, title II, § 20492 Stat. 1564Pub. L. 97–306, title I, § 112(a)96 Stat. 1432Pub. L. 100–687, div. B, title XIV, § 1403(b)102 Stat. 4131Pub. L. 102–83105 Stat. 404–406Pub. L. 108–454, title III, § 302(b)118 Stat. 3610Pub. L. 116–283, div. A, title IX, § 926(a)(18)134 Stat. 3830(, , , § 410; , , ; , , ; , , ; , , ; renumbered § 1310 and amended , §§ 4(b)(1), (2)(E), 5(a), , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 101–426104 Stat. 920section 2210 of Title 42The Radiation Exposure Compensation Act, referred to in subsec. (c), is , , , which is set out as a note under , The Public Health and Welfare.
Amendments
Pub. L. 116–2832021—Subsec. (b). substituted “air, or space service” for “or air service” in two places.
Pub. L. 108–4542004—Subsec. (c). added subsec. (c).
Pub. L. 102–83, § 5(a)section 410 of this title1991—, renumbered as this section.
Pub. L. 102–83, § 4(b)(1)Subsec. (a). , (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 100–6871988—Subsecs. (b), (c). redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows:
“(1) Notwithstanding the provisions of subsection (a) of this section, when any veteran dies, not as the result of the veteran’s own willful misconduct, if the veteran was in receipt of or entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability that either (A) was continuously rated totally disabling for a period of ten or more years immediately preceding death, or (B) if so rated for a lesser period, was so rated continuously for a period of not less than five years from the date of such veteran’s discharge or other release from active duty, the Administrator shall pay benefits under this chapter to the veteran’s surviving spouse, if such surviving spouse was married to such veteran for not less than two years immediately preceding such veteran’s death, and to such veteran’s children, in the same manner as if the veteran’s death were service connected.
“(2) If a surviving spouse or a child 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 death of a veteran described in paragraph (1) of this subsection, benefits under this chapter payable to such surviving spouse or child by virtue of 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 amount of such benefits that would otherwise have been payable equals the total of the amount of the money received and the fair market value of the property received.
section 411(a) of this title“(3) For purposes of sections 1448(d) and 1450(c) of title 10, eligibility for benefits under this chapter by virtue of this subsection shall be deemed eligibility for dependency and indemnity compensation under .”
Pub. L. 97–3061982—Subsec. (b)(1). inserted “or entitled to receive” after “was in receipt of”.
Pub. L. 95–4791978—Subsecs. (b), (c). added subsec. (b) and redesignated former subsec. (b) as (c).
Pub. L. 94–4331976—Subsec. (a). substituted “such veteran’s surviving spouse” for “his widow”.
Pub. L. 94–433Subsec. (b). substituted “surviving spouse”, “such veteran”, and “such veteran’s” for “widow”, “he”, and “his”, respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
section 302(c) of Pub. L. 108–454section 1112 of this titleSubsec. (c) of this section effective with respect to dependency and indemnity compensation payments for months beginning after , see , set out as a note under .
Effective Date of 1982 Amendment; Retrospective Payments
Pub. L. 97–306, title I, § 112(b)96 Stat. 1432
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 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 .
GAO Report Relating to Benefits for Survivors of Veterans and Members of Armed Forces
Pub. L. 102–568, title I, § 104106 Stat. 4322, , , required the Comptroller General of the United States to submit to Congress a report, with specified contents and due not later than , with respect to the most appropriate combination of financial, health-care, educational, and other survivor benefits to meet the needs of survivors of veterans.
Dependency and Indemnity Compensation Program
Pub. L. 94–433, title II, § 20490 Stat. 1376, , , directed Administrator of Veterans’ Affairs to study dependency and indemnity compensation program authorized by this chapter in order to evaluate benefits provided by program and to determine whether, or to what extent, benefits should be based on military pay grade of person upon whose death entitlement is predicated, and directed Administrator to submit to Congress and President not later than , a report containing results of study together with Administrator’s recommendations for improvement of program.
Study by Administrator of Dependency and Indemnity Compensation Claims
Pub. L. 94–71, § 20489 Stat. 397, , , directed Administrator of Veterans’ Affairs to make a study of claims for dependency and indemnity compensation relating to veterans who at time of death during period to , were receiving disability compensation based upon a total and permanent disability and required report to be submitted to Speaker of House and President of Senate no later than .
Pub. L. 93–295, title II, § 20788 Stat. 183, , , directed Administrator to make a study of claims for dependency and indemnity compensation relating to veterans who, at time of death within six months of , were receiving disability compensation, and to report to Speaker of House and President of Senate no more than 30 days after beginning of 94th Congress.