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38 U.S.C. § 2403 — Memorial areas

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2403 — Memorial areas

**(a)** The Secretary shall set aside, when available, suitable areas in national cemeteries to honor the memory of members of the Armed Forces and veterans— (1) who are missing in action; (2) whose remains have not been recovered or identified; (3) whose remains were buried at sea, whether by the member’s or veteran’s own choice or otherwise; (4) whose remains were donated to science; or (5) whose remains were cremated and the ashes scattered without interment of any portion of the ashes. **(b)** Under regulations prescribed by the Secretary, group memorials may be placed to honor the memory of groups of individuals referred to in subsection (a), and appropriate memorial headstones and markers may be placed to honor the memory of individuals referred to in subsection (a) and [section 2306(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2306/b&num=0&edition=prelim). **(c)** All national and other veterans’ cemeteries under the control of the National Cemetery Administration shall be considered national shrines as a tribute to our gallant dead and, notwithstanding the provisions of any other law, the Secretary is hereby authorized to permit appropriate officials to fly the flag of the United States of America at such cemeteries twenty-four hours each day. **(d)** (1) Subject to standards established by the Secretary, the Secretary shall permit the display of a Fallen Soldier Display in any national cemetery. (2) In this subsection, the term “Fallen Soldier Display” means a memorial monument in honor of fallen members of the Armed Forces that may include a replica of an inverted rifle, boots, helmets, and identification tag.

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Source location: Title 38, Chapter 24, § 2403; chapter-024-national-cemeteries-and-memorials.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1114 — Rates of wartime disability compensation

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

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2306 — Headstones, markers, and burial receptacles

**(a)** The Secretary shall furnish, when requested, appropriate Government headstones or markers at the expense of the United States for the unmarked graves of the following: (1) Any individual buried in a national cemetery or in a post cemetery. (2) Any individual eligible for burial in a national cemetery (but not buried there), except for those persons or classes of persons enumerated in section 2402(a)(4), (5), and (6) of this title. (3) Soldiers of the Union and Confederate Armies of the Civil War. (4) Any individual described in [section 2402(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2402/a/5&num=0&edition=prelim) who is buried in a veterans’ cemetery owned by a State or a veterans’ cemetery owned by a tribal organization or on land owned by or held in trust for a tribal organization. (5) Any individual who at the time of death was entitled to retired pay under chapter 1223 of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age. **(b)** (1) The Secretary shall furnish, when requested, an appropriate memorial headstone or marker for the purpose of commemorating an eligible individual whose remains are unavailable. Such a headstone or marker shall be furnished for placement in a national cemetery area reserved for that purpose under [section 2403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2403&num=0&edition=prelim), a veterans’ cemetery owned by a State, a veterans’ cemetery of a tribal organization or on land owned by or held in trust for a tribal organization, or, in the case of a veteran, in a State, local, or private cemetery. (2) For purposes of paragraph (1), an eligible in

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2403 — Memorial areas

Page 625 TITLE 38—VETERANS’ BENEFITS § 2403 Pub. L. 102–40 substituted ‘‘6105’’ for ‘‘3505’’ in intro- ductory provisions. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1986—Pars. (2), (3). Pub. L. 99–576, § 701(54)(A), sub- stituted ‘‘while such member’’ for ‘‘while he’’ wherever appearing. Par. (5). Pub. L. 99–576, § 701(54)(B), struck out ‘‘wife, husband,’’ before ‘‘surviving spouse’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117–81, div. F, title LXVI, § 6601(b), Dec. 27, 2021, 135 Stat. 2438, provided that: ‘‘The amendments made by this section [amending this section] shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Af- fairs, and Related Agencies Appropriations Act, 2018 (division J of Public Law 115–141; 132 Stat. 824).’’ EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–141, div. J, title II, § 251(b), Mar. 23, 2018, 132 Stat. 825, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to an individual dying on or after the date of the enactment of this Act [Mar. 23, 2018].’’ EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–275 applicable with re- spect to the death, on or after Oct. 13, 2010, of the par- ent of a person described in section 2402(a)(9)(B) of this title, who dies on or after October 7, 2001, see section 502(e) of Pub. L. 111–275, set out as a note under section 107 of this title. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by section 212(b) of Pub. L. 108–183 appli- cable with respect to deaths occurring on or after Dec. 16, 2003, see section 212(c) of Pub. L. 108–183, set out as a note under section 107 of this title.

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