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38 U.S.C. § 1161 — Payment of disability compensation in disability severance cases

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

38 U.S.C. § 1161 — Payment of disability compensation in disability severance cases

The deduction of disability severance pay from disability compensation, to the extent required by [section 1212(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1212/d&num=0&edition=prelim), shall be made at a monthly rate not in excess of the rate of compensation to which the former member would be entitled based on the degree of such former member’s disability as determined on the initial Department rating.

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Source file: Laws/federal/codes/united-states-code/title-38/section-1161-payment-of-disability-compensation-in-disability-severance-cases--498f33e25c.md
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Source location: Title 38, Chapter 11, § 1161; chapter-011-compensation-for-service-connected-disability-or-death.md

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

10 U.S.C. § 1212 — Disability severance pay

**(a)** Upon separation from his armed force under section 1203 or 1206 of this title, a member is entitled to disability severance pay computed by multiplying (1) the member’s years of service computed under [section 1208 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1208&num=0&edition=prelim) (subject to the minimum and maximum years of service provided for in subsection (c)), by (2) the highest of the following amounts: (A) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when he is separated and (ii) in the grade and rank in which he was serving on the date when his name was placed on the temporary disability retired list, or if his name was not carried on that list, on the date when he is separated. (B) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and (ii) in any temporary grade or rank higher than that described in clause (A), in which he served satisfactorily as determined by the Secretary of the military department or the Secretary of Homeland Security, as the case may be, having jurisdiction over the armed force from which he is separated. (C) Twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on the temporary disability retired list or, if his name was not carried on that list, on the date when he is separated, and (ii) in the permanent regular or reserve grade to which he would have been promoted had it not been for the physical disability for which he is separat

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

38 U.S.C. § 1101 — Definitions

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

38 U.S.C. § 1161 — Payment of disability compensation in

Page 193 TITLE 38—VETERANS’ BENEFITS § 1162 1 See Special Benefit Allowance Rates note below. 1983—Pub. L. 98–160 substituted ‘‘(1) has suffered’’ for ‘‘has suffered (1)’’. 1976—Pub. L. 94–433 substituted ‘‘such veteran’s’’ for ‘‘his’’ wherever appearing. 1965—Pub. L. 89–311 added cl. (3) referring to total deafness in one ear as a result of service-connected dis- ability and total deafness in the other ear as the result of non-service-connected disability not the result of his own willful misconduct, inserted reference to total deafness in both ears and, in section catchline, inserted reference to bilateral deafness. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–576, title I, § 109(c), Oct. 28, 1986, 100 Stat. 3253, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ments made by this section [amending this section and section 314 [now 1114] of this title] shall take effect on the date of the enactment of this Act [Oct. 28, 1986]. ‘‘(2) In the case of an award of compensation for a dis- ability described in clause (1), (2), (3), or (5) of sub- section (a) of section 360 [now 1160] of title 38, United States Code, as amended by subsection (a) of this sec- tion, subsection (b) of such section shall apply only to awards of compensation made on or after the date of the enactment of this Act [Oct. 28, 1986].’’ EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89–311 effective first day of second calendar month following Oct. 31, 1965, see sec- tion 9 of Pub. L. 89–311, set out as a note under section 1114 of this title

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