Browse Arkansas Code titles and sections
38 U.S.C. § 1310 — Deaths entitling survivors to dependency and indemnity compensation
Federal law — U.S. Code and appendices · legal_authorities
**(a)** When any veteran dies after December 31, 1956, from a service-connected or compensable disability, the Secretary shall pay dependency and indemnity compensation to such veteran’s surviving spouse, children, and parents. The standards and criteria for determining whether or not a disability is service-connected shall be those applicable under chapter 11 of this title.
**(b)** Dependency and indemnity compensation shall not be paid to the surviving spouse, children, or parents of any veteran dying after December 31, 1956, unless such veteran (1) was discharged or released under conditions other than dishonorable from the period of active military, naval, air, or space service in which the disability causing such veteran’s death was incurred or aggravated, or (2) died while in the active military, naval, air, or space service.
**(c)** A person who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 ([42 U.S.C. 2210](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210&num=0&edition=prelim) note) shall not be deprived, by reason of the receipt of that payment, of receipt of dependency and indemnity compensation to which that person is otherwise entitled, but there shall be deducted from payment of such dependency and indemnity compensation the amount of the payment under that Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1310
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 83bbc1ec988979b48a6cec102f4d22d43dd00f817cde547233986f24a1c16da5. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_0c12e5f37a2048d754c316f6
Source file: Laws/federal/codes/united-states-code/title-38/section-1310-deaths-entitling-survivors-to-dependency-and-indemnity-compensation--175bbcb1af.md
Pages: Not recorded – Not recorded
Passage SHA-256: c98d49413fc161e8627c1e9df3df7bb3c3ed39cd5bb74d19a08e718def3888d6
Source location: Title 38, Chapter 13, § 1310; chapter-013-dependency-and-indemnity-compensation-for-service-connected-deaths.md
Stored source content
**(a)** When any veteran dies after December 31, 1956, from a service-connected or compensable disability, the Secretary shall pay dependency and indemnity compensation to such veteran’s surviving spouse, children, and parents. The standards and criteria for determining whether or not a disability is service-connected shall be those applicable under chapter 11 of this title.
**(b)** Dependency and indemnity compensation shall not be paid to the surviving spouse, children, or parents of any veteran dying after December 31, 1956, unless such veteran (1) was discharged or released under conditions other than dishonorable from the period of active military, naval, air, or space service in which the disability causing such veteran’s death was incurred or aggravated, or (2) died while in the active military, naval, air, or space service.
**(c)** A person who receives a payment under the provisions of the Radiation Exposure Compensation Act of 1990 ([42 U.S.C. 2210](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210&num=0&edition=prelim) note) shall not be deprived, by reason of the receipt of that payment, of receipt of dependency and indemnity compensation to which that person is otherwise entitled, but there shall be deducted from payment of such dependency and indemnity compensation the amount of the payment under that Act.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of financial protection for licensees** Each license issued under section 2133 or 2134 of this title and each construction permit issued under [section 2235 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2235&num=0&edition=prelim) shall, and each license issued under section 2073, 2093, or 2111 of this title may, for the public purposes cited in [section 2012(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2012/i&num=0&edition=prelim), have as a condition of the license a requirement that the licensee have and maintain financial protection of such type and in such amounts as the Nuclear Regulatory Commission (in this section referred to as the “Commission”) in the exercise of its licensing and regulatory authority and responsibility shall require in accordance with subsection (b) to cover public liability claims. Whenever such financial protection is required, it may be a further condition of the license that the licensee execute and maintain an indemnification agreement in accordance with subsection (c). The Commission may require, as a further condition of issuing a license, that an applicant waive any immunity from public liability conferred by Federal or State law.
**(b) Amount and type of financial protection for licensees**
(1) The amount of primary financial protection required shall be the amount of liability insurance available from private sources, except that the Commission may establish a lesser amount on the basis of criteria set forth in writing, which it may revise from time to time, taking into consideration such factors as the following: (A) the cost and terms of private insurance, (B) the type, size, and location of the licensed activity and ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2210
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “veteran” includes a person who died in the active military, naval, air, or space service.
(2) The term “period of war” includes, in the case of any veteran—
(A) any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, air, or space service after April 5, 1917, and before November 12, 1918; and
(B) any period of continuous service performed by such veteran after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1947.
(3) The term “chronic disease” includes—Anemia, primary Arteriosclerosis Arthritis Atrophy, progressive muscular Brain hemorrhage Brain thrombosis Bronchiectasis Calculi of the kidney, bladder, or gallbladder Cardiovascular-renal disease, including hypertension Cirrhosis of the liver Coccidioidomycosis Diabetes mellitus Encephalitis lethargica residuals Endocarditis Endocrinopathies Epilepsies Hansen’s disease Hodgkin’s disease Leukemia Lupus erythematosus, systemic Myasthenia gravis Myelitis Myocarditis Nephritis Organic diseases of the nervous system Osteitis deformans (Paget’s disease) Osteomalacia Palsy, bulbar Paralysis agitans Psychoses Purpura idiopathic, hemorrhagic Raynaud’s disease Sarcoidosis Scleroderma Sclerosis, amyotrophic lateral Sclerosis, multiple Syringomyelia Thromboangiitis obliterans (Buerger’s disease) Tuberculosis, active Tumors, malignant, or of the brain or spinal cord or peripheral nerves Ulcers, peptic (gastric or duodenal) and such other chronic diseases as the Secretary may add to this list.
(4) The term “tropical disease” includes—Amebiasis Blackwater fever Cholera Dracontiasis Dysentery Filiariasis Hansen’s disease Leishmaniasis, including kal
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim), and subject to the provisions of [section 1113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1113&num=0&edition=prelim), in the case of any veteran who served for ninety days or more during a period of war—
(1) a chronic disease becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service;
(2) a tropical disease, and the resultant disorders or disease originating because of therapy, administered in connection with such diseases, or as a preventative thereof, becoming manifest to a degree of 10 percent or more within one year from the date of separation from such service, or at a time when standard or accepted treatises indicate that the incubation period thereof commenced during such service;
(3) active tuberculous disease developing a 10 percent degree of disability or more within three years from the date of separation from such service;
(4) multiple sclerosis developing a 10 percent degree of disability or more within seven years from the date of separation from such service;
(5) Hansen’s disease developing a 10 percent degree of disability or more within three years from the date of separation from such service;
shall be considered to have been incurred in or aggravated by such service, notwithstanding there is no record of evidence of such disease during the period of service.
**(b)**
(1) For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim) and subject to the provisions of [section 1113 of this title](https
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1112
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim)—
**(a)** if and while the disability is rated 10 percent the monthly compensation shall be $123;
**(b)** if and while the disability is rated 20 percent the monthly compensation shall be $243;
**(c)** if and while the disability is rated 30 percent the monthly compensation shall be $376;
**(d)** if and while the disability is rated 40 percent the monthly compensation shall be $541;
**(e)** if and while the disability is rated 50 percent the monthly compensation shall be $770;
**(f)** if and while the disability is rated 60 percent the monthly compensation shall be $974;
**(g)** if and while the disability is rated 70 percent the monthly compensation shall be $1,228;
**(h)** if and while the disability is rated 80 percent the monthly compensation shall be $1,427;
**(i)** if and while the disability is rated 90 percent the monthly compensation shall be $1,604;
**(j)** if and while the disability is rated as total the monthly compensation shall be $2,673;
**(k)** if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman veteran, has suffered the anatomical loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue, the
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1114
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 208
TITLE 38—VETERANS’ BENEFITS
§ 1310
(C) might have been evaluated differently
had the establishment or modification been
applicable to the claim;
(2) allow for the reevaluation of such claims
at the election of the claimant; and
(3) notwithstanding section 5110 of this title,
with respect to claims approved pursuant to
such
reevaluation,
provide
compensation
under this chapter effective as if the establish-
ment or modification of the presumption of
service connection had been in effect on the
date of the submission of the original claim
described in paragraph (1).
(b) OUTREACH.—(1) The Secretary shall con-
duct outreach to inform relevant claimants that
they may elect to have a claim be reevaluated in
light of the establishment or modification of a
presumption of service connection described in
subsection (a).
(2) Outreach under paragraph (1) shall include
the following:
(A) The Secretary shall publish on the inter-
net website of the Department a notice that
such claimants may elect to have a claim so
reevaluated.
(B) The Secretary shall notify, in writing or
by electronic means, veterans service organi-
zations of the ability of such claimants to
elect to have a claim so reevaluated.
(C) The Secretary shall contact each claim-
ant identified under subsection (a) in the same
manner that the Department last provided no-
tice of a decision.
(Added Pub. L. 117–168, title II, § 204(a), Aug. 10,
2022, 136 Stat. 1776.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 117–168, title II, § 204(b), Aug. 10, 2022, 136 Stat.
1777, provided that: ‘‘Section 1305 of title 38, United
States Code, as added by subsection (a), shall apply
with respect to presumptions of service connection es-
tablished or modified on or after the
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1310
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 5496
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2209
guided by the policy of not making payments in
excess of the taxes which would have been pay-
able for such property in the condition in which
it was acquired, except in cases where special
burdens have been cast upon the State or local
government by activities of the Commission, the
Manhattan Engineer District or their agents. In
any such case, any benefit accruing to the State
or local government by reason of such activities
shall be considered in determining the amount
of the payment.
(Aug. 1, 1946, ch. 724, title I, § 168, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to this section were contained in
section 1809(b) of this title, prior to the general amend-
ment and renumbering of act Aug. 1, 1946, by act Aug.
30, 1954.
§ 2209. Subsidies
No funds of the Commission shall be employed
in the construction or operation of facilities li-
censed under section 2133 or 2134 of this title ex-
cept under contract or other arrangement en-
tered into pursuant to section 2051 of this title.
(Aug. 1, 1946, ch. 724, title I, § 169, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 952; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
§ 2210. Indemnification and limitation of liability
(a) Requirement of financial protection for li-
censees
Each license issued under section 2133 or 2134
of this title and each construction permit issued
under section 2235 of this title shall, and each li-
cense issued under section 2073, 2093, or 2111 of
this title may, for the public purposes cited in
section 2012(i) of thi
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2210
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2210. This identifies an authority to review, not proof of applicability.