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38 U.S.C. § 6107 — Reissuance of benefits
Federal law — U.S. Code and appendices · legal_authorities
**(a) Reissuance of Misused Benefits.—**
(1) In any case in which a fiduciary misuses all or part of an individual’s benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary’s successor fiduciary an amount equal to the amount of such benefit so misused.
(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made.
(3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary’s successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1).
**(b) Reissuance of Amounts in the Case of a Deceased Beneficiary.—**
(1) If a beneficiary described in subsection (a)(1) predeceases a payment under such subsection, the Secretary shall pay such amount, subject to paragraph (2), to an individual or entity in accordance with [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim).
(2) The Secretary may not make a payment under this subsection to a fiduciary who misused benefits of the beneficiary.
**(c) Limitation on Total Amount Paid.—** The total of the amounts paid to a beneficiary or the beneficiary’s successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary.
**(d) Oversight of Negligence.—**
(1) The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary, of all
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Source file: Laws/federal/codes/united-states-code/title-38/section-6107-reissuance-of-benefits--6cd0195ff5.md
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Source location: Title 38, Chapter 61, § 6107; chapter-061-penal-and-forfeiture-provisions.md
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**(a) Reissuance of Misused Benefits.—**
(1) In any case in which a fiduciary misuses all or part of an individual’s benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary’s successor fiduciary an amount equal to the amount of such benefit so misused.
(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made.
(3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary’s successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1).
**(b) Reissuance of Amounts in the Case of a Deceased Beneficiary.—**
(1) If a beneficiary described in subsection (a)(1) predeceases a payment under such subsection, the Secretary shall pay such amount, subject to paragraph (2), to an individual or entity in accordance with [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim).
(2) The Secretary may not make a payment under this subsection to a fiduciary who misused benefits of the beneficiary.
**(c) Limitation on Total Amount Paid.—** The total of the amounts paid to a beneficiary or the beneficiary’s successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary.
**(d) Oversight of Negligence.—**
(1) The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary, of all or part of an individual’s benefit paid to such fiduciary, is the result of negligence by the Secretary.
(2) The Secretary may not withhold the reissuing of a benefit payment under subsection (a)(1) by reason of a pending determination under paragraph (1).
(3) The Secretary is not required to make a determination under paragraph (1) for each instance of misuse by a fiduciary, of all or part of an individual’s benefit paid to such fiduciary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase each maximum annual rate of pension under sections 1521, 1541, and 1542 of this title, the rate of increased pension paid under such sections 1521 and 1541 on account of children, and each rate of monthly allowance paid under [section 1805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1805&num=0&edition=prelim), as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased.
**(b)**
(1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase the maximum monthly rates of dependency and indemnity compensation for parents payable under subsections (b), (c), and (d), and the monthly rate provided in subsecti
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5312
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in sections 3329 and 3330 of title 31, periodic monetary benefits (other than insurance and servicemen’s indemnity) under laws administered by the Secretary to which an individual was entitled at death under existing ratings or decisions or those based on evidence in the file at date of death (hereinafter in this section and [section 5122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5122&num=0&edition=prelim) referred to as “accrued benefits”) and due and unpaid, shall, upon the death of such individual be paid as follows:
(1) Upon the death of a person receiving an apportioned share of benefits payable to a veteran, all or any part of such benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary.
(2) Upon the death of a veteran, to the living person first listed below:
(A) The veteran’s spouse.
(B) The veteran’s children (in equal shares).
(C) The veteran’s dependent parents (in equal shares).
(3) Upon the death of a surviving spouse or remarried surviving spouse, to the children of the deceased veteran.
(4) Upon the death of a child, to the surviving children of the veteran who are entitled to death compensation, dependency and indemnity compensation, or death pension.
(5) Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents.
(6) In all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person who bore the expense of last sickness and burial.
**(b)** No part of any accrued benefits shall be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of any beneficiary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5121
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 1109
TITLE 38—VETERANS’ BENEFITS
§ 6107
107–296, set out as a note under section 101 of Title 10,
Armed Forces.
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93–43 effective June 18, 1973,
see section 10(a) of Pub. L. 93–43, set out as an Effective
Date note under section 2400 of this title.
§ 6106. Misuse of benefits by fiduciaries
(a) FEE FORFEITURE IN CASE OF BENEFIT MIS-
USE BY FIDUCIARIES.—A fiduciary may not col-
lect a fee from a beneficiary for any month with
respect to which the Secretary or a court of
competent jurisdiction has determined that the
fiduciary misused all or part of the individual’s
benefit, and any amount so collected by the fi-
duciary as a fee for such month shall be treated
as a misused part of the individual’s benefit.
(b) MISUSE
OF BENEFITS DEFINED.—For pur-
poses of this chapter, misuse of benefits by a fi-
duciary occurs in any case in which the fidu-
ciary receives payment, under any of laws ad-
ministered by the Secretary, for the use and
benefit of a beneficiary and uses such payment,
or any part thereof, for a use other than for the
use and benefit of such beneficiary or that bene-
ficiary’s dependents. Retention by a fiduciary of
an amount of a benefit payment as a fiduciary
fee or commission, or as attorney’s fees (includ-
ing expenses) and court costs, if authorized by
the Secretary or a court of competent jurisdic-
tion, shall be considered to be for the use or ben-
efit of such beneficiary.
(c) REGULATIONS.—The Secretary may pre-
scribe by regulation the meaning of the term
‘‘use and benefit’’ for purposes of this section.
(Added Pub. L. 108–454, title V, § 503(a)(1), Dec.
10, 2004, 118 Stat. 3619.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable with respect to any
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 6107
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