US Code

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

38 U.S.C. § 1312

Benefits in certain cases of in-service or service-connected deaths

(a)
In the case of any veteran—
(1)
42 U.S.C. 414 who dies after , and is not a fully and currently insured individual (as defined in section 214 of the Social Security Act ()) at the time of such veteran’s death; and
(2)
whose death occurs—
(A)
while on active duty, active duty for training, or inactive duty training; or
(B)
as the result of a service-connected disability incurred after ; and
(3)
42 U.S.C. 402 who leaves one or more survivors who are not entitled for any month to monthly benefits under section 202 of the Social Security Act () on the basis of such veteran’s wages and self-employment income but who would, upon application therefor, be entitled to such benefits if such veteran had been fully and currently insured at the time of such veteran’s death;
42 U.S.C. 401the Secretary shall pay for such month benefits under this section to each such survivor in an amount equal to the amount of the benefits which would have been paid for such month to such survivor under title II of the Social Security Act ( et seq.), if such veteran had been both fully and currently insured at the time of such veteran’s death and if such survivor had filed application therefor on the same date on which application for benefits under this section is filed with the Secretary.
(b)
In any case where the amount of dependency and indemnity compensation payable under this chapter to a surviving spouse who has children is less than the amount of pension which would be payable to (1) such surviving spouse, or (2) such children if the surviving spouse were not entitled, under chapter 15 of this title had the death occurred under circumstances authorizing payment of death pension, the Secretary shall pay dependency and indemnity compensation to such surviving spouse in an amount equal to such amount of pension.

Pub. L. 85–85772 Stat. 1128Pub. L. 87–268, § 1(a)75 Stat. 566Pub. L. 89–46680 Stat. 217Pub. L. 94–433, title IV, § 405(9)90 Stat. 1379Pub. L. 98–223, title II, § 213(2)98 Stat. 46Pub. L. 102–54, § 14(b)(3)105 Stat. 283Pub. L. 102–83105 Stat. 404–406(, , , § 412; , , ; , , ; , , ; , , ; , , ; renumbered § 1312 and amended , §§ 4(b)(1), (2)(E), 5(a), , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of Title 42The Social Security Act, referred to in subsec. (a), is , . Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. Sections 214 and 202 of the Social Security Act are classified to sections 414 and 402 of Title 42, respectively. For complete classification of this Act to the Code, see and Tables.

Amendments

Pub. L. 102–83, § 5(a)section 412 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 4(b)(1)Subsec. (a). , (2)(E), substituted “Secretary” for “Administrator” in two places in concluding provisions.

Pub. L. 102–54 substituted “401” for “201” in concluding provisions.

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

Pub. L. 98–223, § 213(2)42 U.S.C. 414section 414 of title 4242 U.S.C. 402section 402 of title 4242 U.S.C. 2011984—Subsec. (a). , substituted “section 214 of the Social Security Act ()” for “” in par. (1), “section 202 of the Social Security Act ()” for “” in par. (3), and “title II of the Social Security Act ( et seq.)” for “subchapter II of chapter 7 of title 42” in provision following par. (3).

Pub. L. 94–4331976—Subsec. (a). substituted “such veteran’s” for “his” in cls. (1) and (3) and in text following cl. (3) and “such veteran” for “he” in cl. (3).

Pub. L. 94–433Subsec. (b). substituted “surviving spouse” for “widow” wherever appearing.

Pub. L. 89–4661966— inserted “to a widow who has children”, “to (1) such widow, or (2) such children if the widow were not entitled”, and “such widow”.

Pub. L. 87–2681961— designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

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 1961 Amendment

Pub. L. 87–268, § 375 Stat. 566

“The amendments made by this Act [amending this section and sections 107, 411 [now 1311], 415 [now 1315], 422 [now 1322], and 503 [now 1503] of this title and enacting provisions set out as notes under this section] shall take effect as of the first day of the first calendar month which begins after the date of its enactment [].”
, , , provided that:

Filing of Application for Benefits

Pub. L. 87–268, § 275 Stat. 566Pub. L. 87–268Pub. L. 87–268, , , provided that the increased pension benefits authorized by were to be payable from the effective date of to anyone receiving dependency and indemnity compensation on such date only if the application for such increased benefits were filed with the Veterans’ Administration within one year from such date and evidence of entitlement were of record or received within one year from the date of request therefor.