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38 U.S.C. § 1301 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
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Source location: Title 38, Chapter 13, § 1301; chapter-013-dependency-and-indemnity-compensation-for-service-connected-deaths.md
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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 205
TITLE 38—VETERANS’ BENEFITS
§ 1301
(ii) A full explanation of the scientific evi-
dence and reasoning that led to such deter-
minations.
(iii) Any recommendations of the Academies
under subsection (f).
(2) Under an agreement between the Secretary
and the Academies under this section, not less
frequently than once every two years after the
date on which the initial report is submitted
under paragraph (1)(A), the Academies shall sub-
mit to the Secretary, the Committee on Vet-
erans’ Affairs of the Senate, and the Committee
on Veterans’ Affairs of the House of Representa-
tives an updated report on the activities of the
Academies under the agreement.
(h) ALTERNATIVE CONTRACT SCIENTIFIC ORGANI-
ZATION.—(1) If the Secretary is unable within the
time period prescribed in subsection (b)(2) to
enter into an agreement with the Academies for
the purposes of this section on terms acceptable
to the Secretary, the Secretary shall seek to
enter into an agreement for the purposes of this
section with another appropriate scientific orga-
nization that—
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable
to that of the Academies.
(2) If the Secretary enters into an agreement
with another organization as described in para-
graph (1), any reference in this subchapter to the
Academies shall be treated as a reference to the
other organization.
(Added Pub. L. 117–168, title II, § 202(a), Aug. 10,
2022, 136 Stat. 1772.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of the Sergeant First Class
Heath Robinson Honoring our Promise to Address Com-
prehensive Toxics Act of 2022, referred to in subsecs.
(b)(2) and (g)(1)(A), is the date of enactment of Pub. L.
117–16
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1301
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