Browse Arkansas Code titles and sections
38 U.S.C. § 5307 — Apportionment of benefits
Federal law — U.S. Code and appendices · legal_authorities
**(a)** All or any part of the compensation, pension, or emergency officers’ retirement pay payable on account of any veteran may—
(1) if the veteran is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivision thereof, be apportioned on behalf of the veteran’s spouse, children, or dependent parents; and
(2) if the veteran is not living with the veteran’s spouse, or if the veteran’s children are not in the custody of the veteran, be apportioned as may be prescribed by the Secretary.
**(b)** Where any of the children of a deceased veteran are not in the custody of the veteran’s surviving spouse, the pension, compensation, or dependency and indemnity compensation otherwise payable to the surviving spouse may be apportioned as prescribed by the Secretary.
**(c)** If a veteran is not living with the veteran’s spouse, or if any of the veteran’s children are not in the custody of the veteran, any subsistence allowance payable to the veteran under chapter 31 of this title or that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title may be apportioned as may be prescribed by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5307
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: 5ec82ff2d972133b529cdc02ad631eb517f10aae0955621ae5287e6f25fe3c7b. 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_7727efc2ba8523b3689bf1aa
Source file: Laws/federal/codes/united-states-code/title-38/section-5307-apportionment-of-benefits--5d336def1b.md
Pages: Not recorded – Not recorded
Passage SHA-256: 46c4b602dae8576324214b5c2f4ed6687202457338aea87a370f8f578daa9655
Source location: Title 38, Chapter 53, § 5307; chapter-053-special-provisions-relating-to-benefits.md
Stored source content
**(a)** All or any part of the compensation, pension, or emergency officers’ retirement pay payable on account of any veteran may—
(1) if the veteran is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivision thereof, be apportioned on behalf of the veteran’s spouse, children, or dependent parents; and
(2) if the veteran is not living with the veteran’s spouse, or if the veteran’s children are not in the custody of the veteran, be apportioned as may be prescribed by the Secretary.
**(b)** Where any of the children of a deceased veteran are not in the custody of the veteran’s surviving spouse, the pension, compensation, or dependency and indemnity compensation otherwise payable to the surviving spouse may be apportioned as prescribed by the Secretary.
**(c)** If a veteran is not living with the veteran’s spouse, or if any of the veteran’s children are not in the custody of the veteran, any subsistence allowance payable to the veteran under chapter 31 of this title or that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title may be apportioned as may be prescribed by the Secretary.
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
**(a)** The Secretary shall formulate an individualized written plan of vocational rehabilitation for a veteran described in [section 3106(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106/b&num=0&edition=prelim). Such plan shall be developed with such veteran and shall include, but not be limited to (1) a statement of long-range rehabilitation goals for such veteran and intermediate rehabilitation objectives related to achieving such goals, (2) a statement of the specific services (which shall include counseling in all cases) and assistance to be provided under this chapter, (3) the projected date for the initiation and the anticipated duration of each such service, and (4) objective criteria and an evaluation procedure and schedule for determining whether such objectives and goals are being achieved.
**(b)**
(1) The Secretary shall review at least annually the plan formulated under subsection (a) of this section for a veteran and shall afford such veteran the opportunity to participate in each such review.
(2) On the basis of such review, the Secretary shall—
(A) redevelop such plan with such veteran if the Secretary determines the achievement of the long-range rehabilitation goals for such veteran is—
(i) no longer feasible due to changes in the employment handicap of the veteran; and
(ii) likelier under a different plan formulated under subsection (a); or
(B) disapprove redevelopment of such plan if the Secretary determines such redevelopment is not appropriate.
**(c)**
(1) Each veteran for whom a plan has been developed or redeveloped under subsection (a) or (b)(1), respectively, of this section or in whose case redevelopment of a plan has been disapproved under subsection (b)(2) of this section,
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3107
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
For the purposes of this chapter—
(1) The term “special disabled veteran” has the same meaning provided in [section 4211(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/1&num=0&edition=prelim).
(2) The term “veteran of the Vietnam era” has the same meaning provided in [section 4211(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/2&num=0&edition=prelim).
(3) The term “disabled veteran” has the same meaning provided in [section 4211(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/3&num=0&edition=prelim).
(4) The term “eligible veteran” has the same meaning provided in [section 4211(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/4&num=0&edition=prelim).
(5) The term “eligible person” means—
(A) the spouse of any person who died of a service-connected disability,
(B) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this chapter, is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power, or
(C) the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while a disability so evaluated
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4101
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)**
(1) To the extent provided in subsection (d) of this section, any person who is entitled to compensation or to dependency and indemnity compensation and who is incarcerated in a Federal, State, local, or other penal institution or correctional facility for a period in excess of sixty days for conviction of a felony shall not be paid such compensation or dependency and indemnity compensation, for the period beginning on the sixty-first day of such incarceration and ending on the day such incarceration ends, in an amount that exceeds—
(A) in the case of a veteran with a service-connected disability rated at 20 percent or more, the rate of compensation payable under [section 1114(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1114/a&num=0&edition=prelim); or
(B) in the case of a veteran with a service-connected disability not rated at 20 percent or more or in the case of a surviving spouse, parent, or child, one-half of the rate of compensation payable under [section 1114(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1114/a&num=0&edition=prelim).
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any period during which a person is participating in a work-release program or is residing in a halfway house.
**(b)**
(1) All or any part of the compensation not paid to a veteran by reason of subsection (a) of this section may, as appropriate in an individual case, be apportioned under the same terms and conditions as are provided under [section 5307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5307&num=0&edition=prelim).
(2) All or any part of the dependency and indemnity compensation
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5313
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 1063
TITLE 38—VETERANS’ BENEFITS
§ 5309
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3106;
Pub. L. 99–576, title VII, § 701(73), Oct. 28, 1986, 100
Stat. 3297; renumbered § 5306, Pub. L. 102–40, title
IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.
102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L.
103–446, title V, § 503, Nov. 2, 1994, 108 Stat. 4663.)
Editorial Notes
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–446 added subsec. (c).
1991—Pub. L. 102–40 renumbered section 3106 of this
title as this section.
Subsec. (a). Pub. L. 102–83 substituted ‘‘administered
by the Secretary’’ for ‘‘administered by the Veterans’
Administration’’.
1986—Subsec. (a). Pub. L. 99–576 substituted ‘‘the’’ for
‘‘his’’ before ‘‘right’’ in first sentence.
§ 5307. Apportionment of benefits
(a) All or any part of the compensation, pen-
sion, or emergency officers’ retirement pay pay-
able on account of any veteran may—
(1) if the veteran is being furnished hospital
treatment, institutional, or domiciliary care
by the United States, or any political subdivi-
sion thereof, be apportioned on behalf of the
veteran’s spouse, children, or dependent par-
ents; and
(2) if the veteran is not living with the vet-
eran’s spouse, or if the veteran’s children are
not in the custody of the veteran, be appor-
tioned as may be prescribed by the Secretary.
(b) Where any of the children of a deceased
veteran are not in the custody of the veteran’s
surviving spouse, the pension, compensation, or
dependency and indemnity compensation other-
wise payable to the surviving spouse may be ap-
portioned as prescribed by the Secretary.
(c) If a veteran is not living with the veteran’s
spouse, or if any of the veteran’s children are
not in the custody of the veteran, any subsist-
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5307
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.