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38 U.S.C. § 1511 — Indian War veterans

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

38 U.S.C. § 1511 — Indian War veterans

**(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

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Source location: Title 38, Chapter 15, § 1511; chapter-015-pension-for-non-service-connected-disability-or-death-or-for-service.md

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

38 U.S.C. § 3115 — Rehabilitation resources

**(a)** Notwithstanding any other provision of law, for the purpose of providing services under this chapter, the Secretary may— (1) use the facilities of any Federal agency (including the Department of Veterans Affairs), of any State or local government agency receiving Federal financial assistance, or of any federally recognized Indian tribe, to provide training or work experience as part or all of a veteran’s vocational rehabilitation program without pay or for nominal pay in any case in which the Secretary determines that such training or work experience is necessary to accomplish such veteran’s rehabilitation; (2) use the facilities, staff, and other resources of the Department of Veterans Affairs; (3) employ such additional personnel and experts as the Secretary considers necessary; and (4) use the facilities and services of any Federal, State, or other public agency, any agency maintained by joint Federal and State contributions, any federally recognized Indian tribe, any public or private institution or establishment, and any private individual. **(b)** (1) While pursuing on-job training or work experience under subsection (a)(1) of this section at a Federal agency, a veteran shall be considered to be an employee of the United States for the purposes of the benefits of chapter 81 of title 5, but not for the purposes of laws administered by the Office of Personnel Management. (2) Except as provided in chapter 17 of this title, hospital care and medical services provided under this chapter shall be furnished in facilities over which the Secretary has direct jurisdiction. (3) Use of the facilities of a State or local government agency under subsection (a)(1) of this section or use of facilities and services under subsection (a)(4) of this section, shall be

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

38 U.S.C. § 1521 — Veterans of a period of war

**(a)** The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran’s willful misconduct, pension at the rate prescribed by this section, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim). **(b)** If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran’s spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $11,830, reduced by the amount of the veteran’s annual income. **(c)** If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $15,493, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members. **(d)** (1) If the vetera

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

38 U.S.C. § 511 — Decisions of the Secretary; finality

**(a)** The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise. **(b)** The second sentence of subsection (a) does not apply to— (1) matters subject to [section 502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section502&num=0&edition=prelim); (2) matters covered by sections 1975 and 1984 of this title; (3) matters arising under chapter 37 of this title; and (4) matters covered by chapter 72 of this title.

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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. § 3100 — Purposes

The purposes of this chapter are to provide for all services and assistance necessary to enable veterans with service-connected disabilities to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment.

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

38 U.S.C. § 3111 — Regulations to promote satisfactory conduct and cooperation

The Secretary shall prescribe such rules and regulations as the Secretary determines necessary to promote satisfactory conduct and cooperation on the part of veterans who are pursuing rehabilitation programs under this chapter. In any case in which the Secretary determines that a veteran has failed to maintain satisfactory conduct or cooperation, the Secretary may, after determining that all reasonable counseling efforts have been made and are not reasonably likely to be effective, discontinue services and assistance unless the Secretary determines that mitigating circumstances exist. In any case in which such services and assistance have been discontinued, the Secretary may reinstitute such services and assistance only if the Secretary determines that— (1) the cause of the unsatisfactory conduct or cooperation of such veteran has been removed; and (2) the rehabilitation program which such veteran proposes to pursue (whether the same or revised) is suitable to such veteran’s abilities, aptitudes, and interests.

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

38 U.S.C. § 1512 — Spanish-American War veterans

**(a)** (1) The Secretary shall pay to each veteran of the Spanish-American War who meets the service requirements of this subsection a pension at the following monthly rate: (A) $101.59; or (B) $135.45 if the veteran is in need of regular aid and attendance. (2) A veteran meets the service requirements of this subsection if such veteran served in the active military or naval service— (A) for ninety days or more during the Spanish-American War; (B) during the Spanish-American War and was discharged or released from such service for a service-connected disability; or (C) for a period of ninety consecutive days or more and such period began or ended during the Spanish-American War. (3) (A) Any veteran eligible for pension under this subsection 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) (except the rate provided under subsection (g) of such section), and under the conditions (other than the service requirements) applicable to pension paid under that section to veterans of a period of war. If pension is paid pursuant to such an election, the election shall be irrevocable. (B) The Secretary shall pay each month to each Spanish-American War veteran who is receiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (i) that provided by subparagraph (B) of subsection (a)(1) of this section, or (ii) 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) as in effect on December 31, 1978, under regulations which the Se

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

38 U.S.C. § 1534 — Surviving spouses of Indian War veterans

**(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

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

38 U.S.C. § 1535 — Children of Indian War veterans

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.

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

38 U.S.C. § 1511 — Indian War veterans

Page 240 TITLE 38—VETERANS’ BENEFITS § 1511 vided monthly pension for persons who served in mili- tary or naval forces of Confederate States of America, was repealed by Pub. L. 94–169, title I, § 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976. § 1511. Indian War veterans (a) The Secretary shall pay to each veteran of the Indian Wars who meets the service require- ments 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 ap- proval 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, 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, ex- cept as provided in paragraph (2). (2) The Secretary shall pay each month to each veteran of the Indian Wars who is receiv- ing, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that provided by para- graph (2) of subsection (a) of this section, or (B) that which is payable to the veteran under sec- tion 1521 of this title if such veteran has elected, or would be payable if su

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