section 5110 of this titlesection 5110 of this title Notwithstanding or any other provision of law and except as provided in paragraph (2) and subsection (c), payment of monetary benefits based on an award or an increased award of compensation, dependency and indemnity compensation, or pension may not be made to an individual for any period before the first day of the calendar month following the month in which the award or increased award became effective as provided under or such other provision of law.
(2)(A)
section 5110 of this title In the case of a veteran who is retired or separated from the active military, naval, air, or space service for a catastrophic disability or disabilities, payment of monetary benefits based on an award of compensation based on an original claim shall be made as of the date on which such award becomes effective as provided under or another applicable provision of law.
(B)
For the purposes of this paragraph, the term “catastrophic disability”, with respect to a veteran, means a permanent, severely disabling injury, disorder, or disease that compromises the ability of the veteran to carry out the activities of daily living to such a degree that the veteran requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.
(b)(1)
section 5110 of this title Except as provided in paragraph (2) of this subsection, during the period between the effective date of an award or increased award as provided under or other provision of law and the commencement of the period of payment based on such award as provided under subsection (a) of this section, an individual entitled to receive monetary benefits shall be deemed to be in receipt of such benefits for the purpose of all laws administered by the Secretary.
(2)
section 5305 of this title If any person who is in receipt of retired or retirement pay would also be eligible to receive compensation or pension upon the filing of a waiver of such pay in accordance with , such waiver shall not become effective until the first day of the month following the month in which such waiver is filed, and nothing in this section shall prohibit the receipt of retired or retirement pay for any period before such effective date.
In the case of a temporary increase in compensation for hospitalization or treatment where such hospitalization or treatment commences and terminates within the same calendar month, the period of payment shall commence on the first day of such month.
(d)
For the purposes of this section, the term “award or increased award” means—
(1)
an original award or award based on a supplemental claim; or
(2)
an award that is increased because of an added dependent, increase in disability or disability rating, or reduction in income.
Pub. L. 116–2832021—Subsec. (a)(2)(A). substituted “air, or space service” for “or air service”.
Pub. L. 115–552017—Subsec. (d)(1). substituted “award or award based on a supplemental claim” for “or reopened award”.
Pub. L. 112–154section 5310 of this titlesection 5310 of this title2012—Subsec. (c)(1). substituted “not apply to payments made pursuant to ” for “apply to payments made pursuant to only if the monthly amount of dependency and indemnity compensation or pension payable to the surviving spouse is greater than the amount of compensation or pension the veteran would have received, but for such veteran’s death, for the month in which such veteran’s death occurred”.
Pub. L. 111–2752010—Subsec. (a). designated existing provisions as par. (1), substituted “in paragraph (2) and subsection (c)” for “in subsection (c) of this section”, and added par. (2).
Pub. L. 98–2231984—Subsec. (c). designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–55section 5104 of this titlePub. L. 115–55section 2(x) of Pub. L. 115–55section 101 of this titleAmendment by applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under on or after the later of 540 days after , or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see , set out as a note under , and bracketed note thereunder.
section 5310 of this title“The amendments made by this section [amending this section and ] shall take effect on the date of the enactment of this Act [], and shall apply with respect to deaths that occur on or after that date.”
“The amendments made by subsection (a) [amending this section] shall take effect on , and shall apply with respect to awards of compensation based on original claims that become effective on or after that date.”
“Section 3011 [now 5111] of title 38, United States Code, as added by subsection (a), shall apply to awards and increased awards the effective dates of which are after .”