Browse Arkansas Code titles and sections
38 U.S.C. § 1534 — Surviving spouses of Indian War veterans
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall pay to the surviving spouse of each Indian War veteran who met the service requirements of [section 1511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1511&num=0&edition=prelim) a pension at the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of age; or
(2) $70 if such surviving spouse is seventy years of age or older.
**(b)** If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.
**(c)** No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—
(1) before March 4, 1917; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1534
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: bce9f9462fb2d5c0f812356451af3897479b2c9bc5251d89f6076368ea8a5210. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_63b28134c2859b5a750696de
Source file: Laws/federal/codes/united-states-code/title-38/section-1534-surviving-spouses-of-indian-war-veterans--201b86c5eb.md
Pages: Not recorded – Not recorded
Passage SHA-256: 18fd2b5679088b0ed43e1fb447f6fde2c23f55cbbefa3be021cb10e3b1d1dc0a
Source location: Title 38, Chapter 15, § 1534; chapter-015-pension-for-non-service-connected-disability-or-death-or-for-service.md
Stored source content
**(a)** The Secretary shall pay to the surviving spouse of each Indian War veteran who met the service requirements of [section 1511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1511&num=0&edition=prelim) a pension at the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of age; or
(2) $70 if such surviving spouse is seventy years of age or older.
**(b)** If there is a child of the veteran, the rate of pension paid to the surviving spouse under subsection (a) shall be increased by $8.13 per month for each such child.
**(c)** No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—
(1) before March 4, 1917; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall pay to each veteran of the Indian Wars who meets the service requirements of this section a pension at the following monthly rate:
(1) $101.59; or
(2) $135.45 if the veteran is in need of regular aid and attendance.
**(b)** A veteran meets the service requirements of this section if such veteran served in one of the Indian Wars—
(1) for thirty days or more; or
(2) for the duration of such Indian War;
in any military organization, whether or not such service was the result of regular muster into the service of the United States, if such service was under the authority or by the approval of the United States or any State.
**(c)**
(1) Any veteran eligible for pension under this section shall, if such veteran so elects, be paid pension at the rates prescribed by [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim), and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of World War I. If pension is paid pursuant to such an election, the election shall be irrevocable, except as provided in paragraph (2).
(2) The Secretary shall pay each month to each veteran of the Indian Wars who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that provided by paragraph (2) of subsection (a) of this section, or (B) that which is payable to the veteran under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim) if such veteran has elected, or would be payable if such veteran were to elect, to receive pension under such section pursuant to paragraph (1) of this s
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1511
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Whenever there is no surviving spouse entitled to pension under [section 1534 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1534&num=0&edition=prelim), the Secretary shall pay to the children of each Indian War veteran who met the service requirements of [section 1511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1511&num=0&edition=prelim) a pension at the monthly rate of $73.13 for one child, plus $8.13 for each additional child, with the total amount equally divided.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1535
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 252
TITLE 38—VETERANS’ BENEFITS
§ 1533
fined under public laws administered by the Vet-
erans’ Administration, or if such veteran was
discharged or released from such service upon a
surgeon’s certificate of disability.
(d) No pension shall be paid to a surviving
spouse of a veteran under this section unless
such surviving spouse was married to such vet-
eran—
(1) before June 27, 1905; or
(2) for one year or more; or
(3) for any period of time if a child was born
of the marriage, or was born to them before
the marriage.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, § 532;
Pub. L. 90–77, title I, §§ 101(a), 105, Aug. 31, 1967,
81 Stat. 178, 179; Pub. L. 94–169, title I,
§ 106(20)–(23), Dec. 23, 1975, 89 Stat. 1018; Pub. L.
102–54, § 14(b)(7), June 13, 1991, 105 Stat. 283; re-
numbered § 1532 and amended Pub. L. 102–83,
§§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat.
403–406; Pub. L. 103–446, title XII, § 1201(a)(2),
Nov. 2, 1994, 108 Stat. 4682.)
Editorial Notes
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–446 substituted ‘‘Vet-
erans’ Administration’’ for ‘‘Secretary’’.
1991—Pub. L. 102–83, § 5(a), renumbered section 532 of
this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted
‘‘Secretary’’ for ‘‘Administrator’’ in introductory pro-
visions.
Pub. L. 102–54 substituted a period for semicolon at
end of par. (2) and struck out at end ‘‘unless such sur-
viving spouse was the spouse of the veteran during such
veteran’s service in the Civil War, in which case the
monthly rate shall be $75.’’
Subsec. (c). Pub. L. 102–83, § 4(a)(1), substituted ‘‘ad-
ministered by the Secretary’’ for ‘‘administered by the
Veterans’ Administration’’.
1975—Pub. L. 94–169, § 106(23), substituted ‘‘Surviving
spouses’’ for ‘‘
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1534
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.