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38 U.S.C. § 5111 — Commencement of period of payment
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Notwithstanding [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) 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 [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) or such other provision of law.
(2)
(A) 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 [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) 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) Except as provided in paragraph (2) of this subsection, during the period between the effective date o
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Source file: Laws/federal/codes/united-states-code/title-38/section-5111-commencement-of-period-of-payment--732e1b2a05.md
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Source location: Title 38, Chapter 51, § 5111; chapter-051-claims-effective-dates-and-payments.md
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**(a)**
(1) Notwithstanding [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) 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 [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) or such other provision of law.
(2)
(A) 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 [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) 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) 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 [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) 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) 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 [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5305&num=0&edition=prelim), 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.
**(c)**
(1) This section shall not apply to payments made pursuant to [section 5310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5310&num=0&edition=prelim).
(2) 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.
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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
**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran’s death if—
(A) at the time of the veteran’s death, the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or
(B) the veteran is determined for purposes of section 5121 or 5121A of this title as having been entitled to receive compensation or pension under chapter 11 or 15 of this title for the month of the veteran’s death.
(2) The amount of the benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title, as the case may be, for the month of the veteran’s death had the veteran not died.
**(b) Claims Pending Adjudication.—** If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran’s death and the check or other payment issued to the veteran’s surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran’s death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5310
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the case of a decision by the Secretary under [section 511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section511&num=0&edition=prelim) affecting the provision of benefits to a claimant, the Secretary shall, on a timely basis, provide to the claimant (and to the claimant’s representative) notice of such decision. The notice shall include an explanation of the procedure for obtaining review of the decision.
**(b)** Each notice provided under subsection (a) shall also include all of the following:
(1) Identification of the issues adjudicated.
(2) A summary of the evidence considered by the Secretary.
(3) A summary of the applicable laws and regulations.
(4) Identification of findings favorable to the claimant.
(5) In the case of a denial, identification of elements not satisfied leading to the denial.
(6) An explanation of how to obtain or access evidence used in making the decision.
(7) If applicable, identification of the criteria that must be satisfied to grant service connection or the next higher level of compensation.
**(c)** The Secretary may provide notice under subsection (a) electronically if a claimant (or the claimant’s representative) elects to receive such notice electronically. A claimant (or the claimant’s representative) may revoke such an election at any time, by means prescribed by the Secretary.
**(d)** The Secretary shall annually—
(1) solicit recommendations from stakeholders on how to improve notice under this section; and
(2) publish such recommendations on a publicly available website of the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5104
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (c) of this section, each individual—
(1) who—
(A) during the period beginning July 1, 1985, and ending September 30, 2030, first becomes a member of the Armed Forces or first enters on active duty as a member of the Armed Forces and—
(i) who (I) in the case of an individual whose obligated period of active duty is three years or more, serves at least three years of continuous active duty in the Armed Forces, or (II) in the case of an individual whose obligated period of active duty is less than three years, serves at least two years of continuous active duty in the Armed Forces; or
(ii) who serves in the Armed Forces and is discharged or released from active duty (I) for a service-connected disability, by reason of a sole survivorship discharge (as that term is defined in [section 1174(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/i&num=0&edition=prelim)), for a medical condition which preexisted such service on active duty and which the Secretary determines is not service connected, for hardship, or for a physical or mental condition that was not characterized as a disability and did not result from the individual’s own willful misconduct but did interfere with the individual’s performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; (II) for the convenience of the Government, if, in the case of an individual with an obligated period of service of two years, the individual completes not less than 20 months of continuous active duty under that period o
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3011
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in [section 1414 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1414&num=0&edition=prelim), any person who is receiving pay pursuant to any provision of law providing retired or retirement pay to persons in the Armed Forces, or as a commissioned officer of the National Oceanic and Atmospheric Administration or of the Public Health Service, and who would be eligible to receive pension or compensation under the laws administered by the Secretary if such person were not receiving such retired or retirement pay, shall be entitled to receive such pension or compensation upon the filing by such person with the department by which such retired or retirement pay is paid of a waiver of so much of such person’s retired or retirement pay as is equal in amount to such pension or compensation. To prevent duplication of payments, the department with which any such waiver is filed shall notify the Secretary of the receipt of such waiver, the amount waived, and the effective date of the reduction in retired or retirement pay.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5305
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or a supplemental claim, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.
(2) For purposes of determining the effective date of an award under this section, the date of application shall be considered the date of the filing of the initial application for a benefit if the claim is continuously pursued by filing any of the following, either alone or in succession:
(A) A request for higher-level review under [section 5104B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104b&num=0&edition=prelim) on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(B) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim) on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(C) A notice of disagreement on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(D) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim) on or before the date that is one year after the date on which the Board of Veterans’ Appeals issues a decision.
(E) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5110
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Federal law — U.S. Code and appendices · legal_authorities
Page 1044
TITLE 38—VETERANS’ BENEFITS
§ 5111
Subsec. (c). Pub. L. 87–825 added subsec. (c). Former
subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 87–825 redesignated former subsec.
(c) as (d) and substituted first day of month in which
the death occurred, for the day after the day of death,
as the effective date. Former subsec. (d) redesignated
(e).
Subsec. (e). Pub. L. 87–825 redesignated former subsec.
(d) as (e), substituted ‘‘first day of the month’’ for
‘‘date’’, and struck out ‘‘the entitlement arose’’ after
‘‘from such date.’’ Former subsec. (e) redesignated (j).
Subsec. (f). Pub. L. 87–825 added subsec. (f). A prior
subsec. (f) added by Pub. L. 87–674 was redesignated (k)
by Pub. L. 87–825.
Subsecs. (g) to (i). Pub. L. 87–825 added subsecs. (g) to
(i).
Subsec. (j). Pub. L. 87–825 redesignated former subsec.
(e) as (j), and substituted ‘‘first day of the month’’ for
‘‘day after the date’’, and ‘‘month of death’’ for ‘‘date
of death’’.
Subsec. (k). Pub. L. 87–825 redesignated former sub-
sec. (f), added by Pub. L. 87–674, as (k).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2017 AMENDMENT
Amendment by Pub. L. 115–55 applicable to all claims
for which the Secretary of Veterans Affairs provides
notice of a decision under section 5104 of this title on
or after the later of 540 days after Aug. 23, 2017, 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 Pub. L. 115–55 and to ad-
dress appeals of decisions on legacy claims, with provi-
sion for early applicability of the new appeals system
to certain claims, see section 2(x) of Pub. L. 115–55, set
out as a note under section 1
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5111
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