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38 U.S.C. § 1321 — Certifications with respect to pay grade
Federal law — U.S. Code and appendices · legal_authorities
The Secretary concerned shall, at the request of the Secretary, certify to the Secretary the pay grade of deceased persons with respect to whose deaths applications for benefits are filed under this chapter. The certification of the Secretary concerned shall be binding upon the Secretary.
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Source location: Title 38, Chapter 13, § 1321; chapter-013-dependency-and-indemnity-compensation-for-service-connected-deaths.md
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The Secretary concerned shall, at the request of the Secretary, certify to the Secretary the pay grade of deceased persons with respect to whose deaths applications for benefits are filed under this chapter. The certification of the Secretary concerned shall be binding upon the Secretary.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** With respect to a veteran who died in the active military, naval, air, or space service, such veteran’s pay grade shall be determined as of the date of such veteran’s death or as of the date of a promotion after death while in a missing status.
**(b)** With respect to a veteran who did not die in the active military, naval, air, or space service, such veteran’s pay grade shall be determined as of—
(1) the time of such veteran’s last discharge or release from active duty under conditions other than dishonorable; or
(2) the time of such veteran’s discharge or release from any period of active duty for training or inactive duty training, if such veteran’s death results from service-connected disability incurred during such period and if such veteran was not thereafter discharged or released under conditions other than dishonorable from active duty.
**(c)** The pay grade of any veteran described in [section 106(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section106/b&num=0&edition=prelim) shall be that to which such veteran would have been assigned upon final acceptance or entry upon active duty.
**(d)** If a veteran has satisfactorily served on active duty for a period of six months or more in a pay grade higher than that specified in subsection (a) or (b) and any subsequent discharge or release from active duty was under conditions other than dishonorable, the higher pay grade shall be used if it will result in greater monthly payments to such veteran’s surviving spouse under this chapter. The determination as to whether an individual has served satisfactorily for the required period in a higher pay grade shall be made by the Secretary of the department in which such higher pay grade was held.
**(e)** The pay grade
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Federal law — U.S. Code and appendices · legal_authorities
Page 229
TITLE 38—VETERANS’ BENEFITS
§ 1321
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 92–197 effective Jan. 1, 1972,
see section 10 of Pub. L. 92–197, set out as a note under
section 1311 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Pub. L. 91–291, § 13(c), June 25, 1970, 84 Stat. 332, pro-
vided that: ‘‘No dependency and indemnity compensa-
tion shall be payable to any person by virtue of the
amendments made by subsection (a) of this section
[amending this section] for any person prior to the ef-
fective date of this Act [June 25, 1970].’’
Pub. L. 91–291, § 14(a), June 25, 1970, 84 Stat. 332, pro-
vided that: ‘‘The amendments made by this Act
[amending this section and sections 705, 707, 745, 765,
767, 768, 769, 770, and 774 [now 1905, 1907, 1945, 1965, 1967,
1968, 1969, 1970, and 1974] of this title and enacting pro-
visions set out as notes under this section] shall take
effect as of the date of enactment [June 25, 1970], except
that sections 10 and 12 [amending sections 717 and 752
[now 1917 and 1952] of this title] shall take effect as of
the first day of the first calendar month which begins
more than six calendar months after the date of enact-
ment of this Act [June 25, 1970].’’
DEPENDENCY AND INDEMNITY COMPENSATION;
ELIGIBILITY
Pub. L. 92–197, § 8, Dec. 15, 1971, 85 Stat. 662, provided
that: ‘‘Any person who before January 1, 1972, was not
eligible for dependency and indemnity compensation
under such title by reason of the provisions of the prior
section 417(a) of title 38, United States Code, may elect,
in such manner as the Administrator of Veterans’ Af-
fairs shall prescribe, to receive dependency and indem-
nity compensation, and an election so made shall be
final. A person rece
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