US Code

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

38 U.S.C. § 1562

Special provisions relating to pension

(a)
(1)
(A)
section 1134a of title 101
1 See Special Benefit Allowance Rates note below.
The Secretary shall pay monthly to each living person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, and a copy of whose certificate has been delivered to the Secretary under subsection (d) of , a special pension at the rate described in subparagraph (B), as adjusted from time to time under subsection (e), beginning as of the date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section.
(B)
section 1114 of this title The rate described in this subparagraph is equal to the amount of monthly compensation paid to a veteran without dependents under subsection (m) of , increased to the next intermediate rate under subsection (p) of such section.
(2)
(A)
section 1134a(d) of title 10 Except as provided in subparagraphs (B) and (C), the Secretary shall pay special pension under this section to the surviving spouse of a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll and a copy of whose certificate has been delivered to the Secretary under .
(B)
No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person—
(i)
for one year or more prior to the veteran’s death; or
(ii)
for any period of time if a child was born of the marriage, or was born to them before the marriage.
(C)
No special pension shall be paid to a surviving spouse of a person under this section if such surviving spouse is receiving benefits under section 1311 or 1318 of this title.
(b)
The receipt of special pension shall not deprive any person of any other pension or other benefit, right, or privilege to which such person is or may hereafter be entitled under any existing or subsequent law. Special pension shall be paid in addition to all other payments under laws of the United States.
(c)
Special pension shall not be subject to any attachment, execution, levy, tax lien, or detention under any process whatever.
(d)
If any person has been awarded more than one medal of honor, or married to more than one person who has been awarded a medal of honor, such person shall not receive more than one special pension.
(e)
(1)
42 U.S.C. 40142 U.S.C. 415(i) Effective as of December 1 each year, the Secretary, subject to paragraph (2), shall increase the amount of monthly special pension payable under subsection (a) as of November 30 of such year by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act ( et seq.) are increased effective December 1 of such year as a result of a determination under section 215(i) of that Act ().
(2)
The Secretary shall not, under paragraph (1), increase the amount of monthly special pension payable under subsection (a) in a year if such amount was otherwise increased during such year.
(f)
(1)
The Secretary shall pay, in a lump sum, to each person who is in receipt of special pension payable under paragraph (1) of subsection (a), or under paragraph (2) of such subsection in the case of a posthumous entry on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, an amount equal to the total amount of special pension that the person would have received during the period beginning on the first day of the first month beginning after the date of the act for which the person was awarded the Medal of Honor and ending on the last day of the month preceding the month in which the person’s special pension in fact commenced.
(2)
For each month of a period referred to in paragraph (1), the amount of special pension payable to a person shall be determined using the rate of special pension that was in effect for such month, and shall be payable only if the person would have been entitled to payment of special pension for such month under laws for eligibility for special pension (with the exception of the eligibility law requiring a person to have been awarded a Medal of Honor) in effect at the beginning of such month.
(g)
(1)
A person who is entitled to special pension under subsection (a) may elect not to receive special pension by notifying the Secretary of such election in writing.
(2)
Upon receipt of an election made by a person under paragraph (1) not to receive special pension, the Secretary shall cease payments of special pension to the person.

Pub. L. 85–85772 Stat. 1140Pub. L. 87–138, § 375 Stat. 339Pub. L. 88–77, § 5(2)77 Stat. 95Pub. L. 94–169, title I, § 106(44)89 Stat. 1019Pub. L. 95–479, title III, § 30292 Stat. 1565Pub. L. 102–83105 Stat. 404–406Pub. L. 103–161, § 1(a)107 Stat. 1967Pub. L. 105–368, title III, § 301(a)112 Stat. 3332Pub. L. 107–330, title III, § 304(a)116 Stat. 2826Pub. L. 113–66, div. A, title V, § 563(b)127 Stat. 767Pub. L. 116–315, title II, § 2003(a)134 Stat. 4969Pub. L. 117–328, div. U, title IV, § 407(b)(1)136 Stat. 5495Pub. L. 119–43, § 3139 Stat. 667(, , , § 562; , , ; , , ; , (45), , ; , , ; renumbered § 1562 and amended , §§ 4(b)(1), (2)(E), 5(a), (c)(1), , ; , , ; , , ; –(c), , ; , , ; –(b)(2)(A), , , 4970; , , ; , , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of Title 42The Social Security Act, referred to in subsec. (e)(1), is , . Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.

Prior Provisions

Pub. L. 94–502, title IV, § 40490 Stat. 2397Pub. L. 97–295, § 4(37)96 Stat. 1307Pub. L. 101–237, title IV, § 423(b)(1)(A)103 Stat. 2092Pub. L. 102–16, § 5(a)105 Stat. 50Prior sections 1601, 1602, 1621 to 1625, 1631 to 1634, 1641, and 1643, which comprised chapter 32, were renumbered sections 3201, 3202, 3221 to 3225, 3231 to 3234, 3241, and 3243 of this title, respectively. Prior section 1642, , , ; amended , , ; , (4)(A), , , directed Secretary of Veterans Affairs and Secretary of Defense to submit a joint report annually on operations of program provided under chapter 32 of this title, prior to repeal by , , .

Pub. L. 85–85772 Stat. 1174–1192Pub. L. 86–15073 Stat. 332Pub. L. 87–815, § 176 Stat. 926Pub. L. 88–361, § 778 Stat. 298Pub. L. 89–358, § 4(a)80 Stat. 23Other prior sections 1601, 1610 to 1613, 1620 to 1626, 1631 to 1634, 1641 to 1645, 1651 to 1656, and 1661 to 1669, , , ; , , ; , , ; , , , comprised chapter 33, Education of Korean Conflict Veterans, prior to repeal by , , .

Section 1601 defined “basic service period”, “eligible veteran”, “program of education or training”, “course”, “dependent”, “educational institutions”, “training establishments”, “State”, and “Commissioner”, made benefits unavailable to individuals serving as commissioned officers of Coast and Geodetic Survey or of Regular or Reserve Corps of the Public Health Service unless the service qualified those individuals for benefits under title II of the Veteran’s Readjustment Assistance Act of 1952, and declared Congressional policy. See sections 3451(3), (4) and 3452(a)(1), (3)(A), (B), (b) to (d) of this title.

section 3461(a) of this titleSection 1610 provided for entitlement to education or training generally. See .

Section 1611 related to duration of veteran’s education or training. See sections 3452(a)(3)(A), (B), 3461(a), (b)(1), (3), (4), (c), and 3482(c)(2) of this title.

section 3462 of this titleSection 1612 related to commencement of education and time limitations. See .

section 3462(a) of this titleSection 1613 provided for expiration of all education and training. See .

Section 1620 related to selections of program. See sections 3470 and 3476 of this title.

section 3471 of this titleSection 1621 provided for applications and approval of applications. See .

section 3691 of this titleSection 1622 related to change of program. See .

Section 1623 provided for disapproval of enrollment in certain courses. See section 3473(a) and (d) of this title.

section 3474 of this titleSection 1624 provided discontinuance for unsatisfactory progress. See .

section 3689 of this titleSection 1625 provided for a period of operation for approval. See .

section 1789 of this titlesection 511(1) of Pub. L. 94–502Section 1626 related to institutions listed by Attorney General. Similar provisions were classified to , renumbered section 1793, and subsequently repealed by .

Section 1631 provided for education and training allowance. See section 3481(a), (b), (d), and (e) of this title.

Section 1632 provided for computation of education and training allowances for institutional courses, apprentice and on-the-job training, on-farm training, correspondence and flight training courses, and less-than-half time basis courses. See sections 3482(a), (b)(2), (c)(1) and 3681 of this title.

Section 1633 related to measurement of courses.

Section 1634 related to overcharges by educational institutions.

section 3671 of this titleSection 1641 related to designation of State approving agencies. See .

section 3672 of this titleSection 1642 related to approval of courses. See .

section 3673 of this titleSection 1643 provided for cooperation between the Administrator and the State approving agencies. See .

section 3690 of this titleSection 1644 provided for use of Office of Education and other Federal agencies. See .

section 3674 of this titleSection 1645 provided for reimbursement of expenses. See .

Section 1651 provided for apprentice or other training on the job.

Section 1652 provided for institutional on-farm training for Korean conflict veterans.

section 3675 of this titleSection 1653 provided for approval of accredited courses for Korean conflict veterans. See .

section 3676 of this titleSection 1654 provided for approval of nonaccredited courses for Korean conflict veterans. See .

section 3677 of this titleSection 1655 provided for notice of approval of courses for Korean conflict veterans. See .

section 3678 of this titleSection 1656 provided for disapproval of courses and discontinuance of allowances for Korean conflict veterans. See .

Section 1661 related to authority and duties of Administrator concerning education of Korean conflict veterans.

section 3688 of this titleSection 1662 related to Advisory Committee. See .

section 3682 of this titleSection 1663 provided for control by agencies of United States. See .

section 3683 of this titleSection 1664 related to conflicting interests by officers or employees of the Veterans Administration, Office of Education, or State approving agency. See .

section 3684 of this titleSection 1665 related to reports by institutions concerning Korean conflict veterans. See .

section 3685 of this titleSection 1666 related to overpayments to Korean conflict veterans. See .

section 3686 of this titleSection 1667 related to examination of records of Korean conflict veterans. See .

section 3687 of this titleSection 1668 related to submitting false and misleading claims by Korean conflict veterans or educational institutions. See .

Section 1669 related to information furnished by Federal Trade Commission to State approving agencies.

Prior sections 1651, 1652, 1661, 1662, 1670, 1671, 1673, 1674, 1676, 1681, 1682, 1683 to 1685, and 1690 to 1693, which comprised chapter 34, were renumbered 3451, 3452, 3461, 3462, 3470, 3471, 3473, 3474, 3476, 3481, 3482, 3483 to 3485, and 3490 to 3493, respectively, of this title.

Pub. L. 89–358, § 280 Stat. 15Pub. L. 94–502, title II, § 211(4)90 Stat. 2388Pub. L. 95–202, title III, § 302(a)91 Stat. 1440Pub. L. 99–576, title III, § 312100 Stat. 3273Pub. L. 101–237, title IV, § 423(b)(1)(A)103 Stat. 2092Pub. L. 102–16, § 2(b)(1)(A)105 Stat. 49section 3697A of this titlePrior section 1663, added , , ; amended , , ; , , ; , , ; , , , related to educational and vocational counseling, prior to repeal by , , . See .

Pub. L. 89–358, § 280 Stat. 15Pub. L. 92–540, title IV, § 401(6)86 Stat. 1090section 3691 of this titlePrior section 1672, added , , , related to change of program by veteran, prior to repeal by , , . See .

Pub. L. 89–358, § 280 Stat. 16Pub. L. 92–540, title IV, § 401(6)86 Stat. 1090section 3689 of this titlePrior section 1675, added , , , related to period of operation for approval by Administrator, prior to repeal by , , . See .

Pub. L. 90–77, title III, § 302(b)81 Stat. 185Pub. L. 90–631, § 582 Stat. 1335Pub. L. 91–219, title I, § 10284 Stat. 76Pub. L. 92–540, title I, § 102(1)86 Stat. 1075Pub. L. 93–508, title I, § 102(1)88 Stat. 1579Pub. L. 93–602, title II, § 203(a)88 Stat. 1958Pub. L. 95–202, title I, § 102(1)91 Stat. 1433Pub. L. 96–466, title II94 Stat. 2187Pub. L. 97–35, title XX95 Stat. 782Prior section 1677, added , , ; amended , , ; , title II, § 203, , , 78; , title IV, § 401(3), , , 1090; , , ; , , ; , , ; , §§ 201(1), 211(1), title VI, § 603(a), , , 2189, 2209, set forth provisions respecting eligibility, approval, etc., for flight training, prior to repeal by , §§ 2003(b)(3)(A), 2006, , , 783, effective , except as otherwise provided for persons receiving educational assistance.

Pub. L. 90–77, title III, § 306(a)81 Stat. 188Pub. L. 91–219, title II, § 204(a)(2)84 Stat. 79Prior section 1678, added , , , related to special training for educationally disadvantaged, prior to repeal by , , . See subchapter V of chapter 34 of this title.

Pub. L. 95–202, title II, § 201(a)91 Stat. 1436Pub. L. 97–295, § 4(41)96 Stat. 1308Pub. L. 100–689, title I, § 124(a)102 Stat. 4174Prior section 1682A, added , , ; amended , , , related to accelerated payment of educational assistance allowances, prior to repeal by , , .

Pub. L. 92–540, title III, § 30486 Stat. 1081Another prior section 1683, which related to measurement of courses, was renumbered section 1684 and subsequently repealed by , , .

Pub. L. 90–77, title III, § 304(a)81 Stat. 186Pub. L. 91–219, title I, § 103(e)84 Stat. 77Pub. L. 91–584, § 784 Stat. 1576Pub. L. 92–540, title IV, § 401(6)84 Stat. 1090section 3687 of this titleAnother prior section 1683, added , , ; amended , , ; , , , related to apprenticeship or other on-job training, prior to repeal by , , . See .

Pub. L. 92–540, title II, § 20386 Stat. 1079Another prior section 1684, which related to overcharging of eligible veterans by educational institutions, was renumbered section 1685 and subsequently repealed by , , .

Pub. L. 89–358, § 280 Stat. 18Pub. L. 90–77, title III, § 304(a)81 Stat. 186Pub. L. 91–219, title II, § 206(a)84 Stat. 81Pub. L. 91–58484 Stat. 1577Pub. L. 92–540, title III, § 30486 Stat. 1081section 3688 of this titleAnother prior section 1684, added , , , § 1683; renumbered § 1684, , , ; amended , , ; , §§ 8, 11, , , related to measurement of courses, prior to repeal by , , . See .

Another prior section 1685, which related to approval of courses, was renumbered section 1683.

Pub. L. 89–358, § 280 Stat. 19Pub. L. 90–77, title III, § 304(a)81 Stat. 186Pub. L. 92–540, title II, § 20386 Stat. 1079section 3690 of this titleAnother prior section 1685, added , , , § 1684; renumbered § 1865, , , , related to overcharging of eligible veterans by educational institutions, prior to repeal by , , . See .

Pub. L. 93–508, title III, § 302(a)88 Stat. 1591Pub. L. 97–35, title XX, § 2005(b)95 Stat. 783section 1662(a)(2) of this titlePub. L. 100–689, title I, § 124(a)102 Stat. 4174Prior section 1686, added , , ; amended , , , related to educational loans to any eligible veteran to whom applied, prior to repeal by , , .

Another prior section 1686, which related to approval of courses, was renumbered section 1683.

Pub. L. 92–540, title IV, § 401(6)86 Stat. 1090Another prior section 1686, which related to discontinuance of educational assistance allowance by Administrator, was renumbered section 1687 and subsequently repealed by , , .

Pub. L. 89–358, § 280 Stat. 19Pub. L. 90–77, title III, § 304(a)81 Stat. 186Pub. L. 92–540, title IV, § 401(6)86 Stat. 1090section 3690(b) of this titlePrior section 1687, added , , , § 1686; renumbered § 1687, , , , related to discontinuance of educational assistance allowance by Administrator, prior to repeal by , , . See .

Pub. L. 96–466, title VI, § 601(a)(1)94 Stat. 2208Prior sections 1695 to 1698 were repealed, effective , by , title VIII, § 802(f), , , 2218.

Pub. L. 91–219, title II, § 204(a)(4)84 Stat. 80Section 1695, added , , , set forth purpose of former subchapter VI relating to a predischarge education program and defined “eligible person” for purposes of subchapter VI of chapter 34.

Pub. L. 91–219, title II, § 204(a)(4)84 Stat. 80Pub. L. 92–540, title I, § 102(5)86 Stat. 1075Pub. L. 93–508, title I, § 102(5)88 Stat. 1580Pub. L. 93–602, title II, § 203(c)88 Stat. 1958Pub. L. 94–502, title II90 Stat. 2385Pub. L. 95–202, title I, § 102(6)91 Stat. 1434Section 1696, added , , ; amended , title III, § 307, , , 1081; , , ; , , ; , §§ 201(4), 210(5), 211(13), , , 2388, 2389; , , , related to payment of an educational assistance allowance.

Pub. L. 91–219, title II, § 204(a)(4)84 Stat. 81Section 1697, added , , , related to educational and vocational guidance.

Pub. L. 92–540, title III, § 30886 Stat. 1082Pub. L. 94–502, title II90 Stat. 2388Pub. L. 95–202, title III, § 302(b)91 Stat. 1441Section 1698, added , , , § 1697A; renumbered § 1698 and amended , §§ 210(3), 211(14), , , 2389; , , , related to coordination with and participation by Department of Defense in carrying out functions and duties of Department of Defense under predischarge education program.

section 3500 of this titlePrior section 1700, which comprised the first section of chapter 35, was renumbered .

Amendments

Pub. L. 119–43, § 3(1)2025—Subsec. (a)(1). , designated existing provisions as subpar. (A), substituted “the rate described in subparagraph (B)” for “the rate of $1,406.73”, and added subpar. (B).

Pub. L. 119–43, § 3(2)Subsec. (e). , designated existing provisions as par. (1), inserted “, subject to paragraph (2),” before “shall”, and added par. (2).

Pub. L. 117–3282022—Subsec. (a)(1). substituted “$1,406.73” for “$1,388.68”.

Pub. L. 116–315, § 2003(b)(1)2021—Subsec. (a). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 116–315, § 2003(a), substituted “$1,388.68” for “$1,000”.

Pub. L. 116–315, § 2003(b)(2)(A)(i)Subsec. (d). , inserted “or married to more than one person who has been awarded a medal of honor,” after “more than one medal of honor,”.

Pub. L. 116–315, § 2003(b)(2)(A)(ii)Subsec. (f)(1). , substituted “paragraph (1) of subsection (a), or under paragraph (2) of such subsection in the case of a posthumous entry on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll,” for “this section”.

Pub. L. 113–66, § 563(b)(1)section 1134a of title 10section 1561 of this titlesection 1560 of this title2013—Subsec. (a). , substituted “each living person” for “each person”, “Honor Roll, and” for “Honor roll, and”, “subsection (d) of ” for “subsection (c) of ”, and “date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section” for “date of application therefor under ”.

Pub. L. 113–66, § 563(b)(2)Subsec. (g). , added subsec. (g).

Pub. L. 107–330, § 304(a)2002—Subsec. (a). , substituted “$1,000, as adjusted from time to time under subsection (e)” for “$600”.

Pub. L. 107–330, § 304(b)Subsec. (e). , added subsec. (e).

Pub. L. 107–330, § 304(c)Subsec. (f). , added subsec. (f).

Pub. L. 105–3681998—Subsec. (a). substituted “$600” for “$400”.

Pub. L. 103–1611993—Subsec. (a). substituted “$400” for “$200”.

Pub. L. 102–83, § 5(a)section 562 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a). , substituted “1561” for “561” and “1560” for “560”.

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

Pub. L. 95–4791978—Subsec. (a). increased from $100 to $200 the special pension.

Pub. L. 94–169, § 106(44)1975—Subsec. (a). , substituted “delivered to the Administrator” for “delivered to him”.

Pub. L. 94–169, § 106(45)Subsecs. (b), (d). , substituted “such person” for “he”.

Pub. L. 88–771963—Subsec. (a). inserted references to the Coast Guard.

Pub. L. 87–138section 561 of this title1961—Subsec. (a). inserted “, and a copy of whose certificate has been delivered to him under subsection (c) of ,” after “Medal of Honor roll”, and increased pension from $10 to $100.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328, div. U, title IV, § 407(b)(2)136 Stat. 5495

Public Law 116–315“The amendment made by paragraph (1) [amending this section] shall take effect as if it were enacted immediately after the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 () [approved ].”
, , , provided that:

Effective Date of 2021 Amendment

Pub. L. 116–315section 2003(b)(3) of Pub. L. 116–315section 103 of this titleAmendment by section 2003(b)(1), (2)(A) of applicable with respect to payment of pension under this section for months beginning after , see , set out as a note under .

Effective Date of 2013 Amendment

Pub. L. 113–66section 563(d) of Pub. L. 113–66section 1134a of Title 10Amendment by applicable with respect to Medals of Honor awarded on or after , see , set out as an Effective Date note under , Armed Forces.

Effective Date of 2002 Amendment

Pub. L. 107–330, title III, § 304(d)116 Stat. 2826

“(1)
section 1562 of title 38 Except as provided in paragraph (2), the amendments made by subsections (a) and (b) [amending this section] shall take effect on . No payment may be made pursuant to subsection (f) of , United States Code, as added by subsection (c) of this section, before .
“(2)
section 1562 of title 38 The Secretary of Veterans Affairs shall not make any adjustment under subsection (e) of , United States Code, as added by subsection (b) of this section, in 2003.”
, , , provided that:

Effective Date of 1998 Amendment

Pub. L. 105–368, title III, § 301(b)112 Stat. 3332

“The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1993 Amendment

Pub. L. 103–161, § 1(b)107 Stat. 1967

“The amendment made by subsection (a) [amending this section] shall apply with respect to months beginning after the date of the enactment of this Act [].”
, , , provided that:

Effective Date of 1978 Amendment

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

Effective Date of 1975 Amendment

Pub. L. 94–169, title I, § 10689 Stat. 1017, , , provided that the amendment made by that section is effective .

Effective Date of 1961 Amendment

Pub. L. 87–138, § 475 Stat. 339

“The amendments made by this Act [amending this section and sections 560 and 561 [renumbered 1560 and 1561] of this title] shall take effect on the first day of the first month which begins after the date of the enactment of this Act [], except that the amendments made by subsection (b) of the first section [amending section 560 [renumbered 1560] of this title] and by section 2 [amending section 561 [renumbered 1561] of this title] shall not apply with respect to any application under section 560 [renumbered 1560] of title 38, United States Code, made before such first day by any person who fulfilled the qualifications prescribed by subsection (b) of such section at the time such application was made.”
, , , provided that:

Transfer of Functions

section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Special Benefit Allowance Rates

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

Treatment of Certain Pension Payments

Pub. L. 117–328, div. U, title IV, § 407(c)136 Stat. 5495

“(1)

In general .—

A payment described in paragraph (2) shall be treated as an authorized payment.
“(2)

Payments described .—

section 1562 of title 38A payment described in this paragraph is a payment of pension under , United States Code, by the Secretary of Veterans Affairs—
“(A)
in the amount of $1,406.73 during the period beginning on , and ending on ;
“(B)
in the amount of $1,489.73 during the period beginning on , and ending on ; or
“(C)
in the amount of $1,619.34 during the period beginning on , and ending on the date of the enactment of this Act [].”
, , , provided that: