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38 U.S.C. § 5310 — Payment of benefits for month of death
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran’s death if—
(A) at the time of the veteran’s death, the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or
(B) the veteran is determined for purposes of section 5121 or 5121A of this title as having been entitled to receive compensation or pension under chapter 11 or 15 of this title for the month of the veteran’s death.
(2) The amount of the benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title, as the case may be, for the month of the veteran’s death had the veteran not died.
**(b) Claims Pending Adjudication.—** If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran’s death and the check or other payment issued to the veteran’s surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran’s death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-38/section-5310-payment-of-benefits-for-month-of-death--6e2c400d5b.md
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Source location: Title 38, Chapter 53, § 5310; chapter-053-special-provisions-relating-to-benefits.md
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**(a) In General.—**
(1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran’s death if—
(A) at the time of the veteran’s death, the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or
(B) the veteran is determined for purposes of section 5121 or 5121A of this title as having been entitled to receive compensation or pension under chapter 11 or 15 of this title for the month of the veteran’s death.
(2) The amount of the benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title, as the case may be, for the month of the veteran’s death had the veteran not died.
**(b) Claims Pending Adjudication.—** If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran’s death and the check or other payment issued to the veteran’s surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran’s death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Notwithstanding [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) or any other provision of law and except as provided in paragraph (2) and subsection (c), payment of monetary benefits based on an award or an increased award of compensation, dependency and indemnity compensation, or pension may not be made to an individual for any period before the first day of the calendar month following the month in which the award or increased award became effective as provided under [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) or such other provision of law.
(2)
(A) In the case of a veteran who is retired or separated from the active military, naval, air, or space service for a catastrophic disability or disabilities, payment of monetary benefits based on an award of compensation based on an original claim shall be made as of the date on which such award becomes effective as provided under [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) or another applicable provision of law.
(B) For the purposes of this paragraph, the term “catastrophic disability”, with respect to a veteran, means a permanent, severely disabling injury, disorder, or disease that compromises the ability of the veteran to carry out the activities of daily living to such a degree that the veteran requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.
**(b)**
(1) Except as provided in paragraph (2) of this subsection, during the period between the effective date o
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5111
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall prescribe such regulations as the Secretary determines necessary for granting leaves of absence to veterans pursuing rehabilitation programs under this chapter. During authorized leaves of absence, a veteran shall be considered to be pursuing such program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3110
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in sections 3329 and 3330 of title 31, periodic monetary benefits (other than insurance and servicemen’s indemnity) under laws administered by the Secretary to which an individual was entitled at death under existing ratings or decisions or those based on evidence in the file at date of death (hereinafter in this section and [section 5122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5122&num=0&edition=prelim) referred to as “accrued benefits”) and due and unpaid, shall, upon the death of such individual be paid as follows:
(1) Upon the death of a person receiving an apportioned share of benefits payable to a veteran, all or any part of such benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary.
(2) Upon the death of a veteran, to the living person first listed below:
(A) The veteran’s spouse.
(B) The veteran’s children (in equal shares).
(C) The veteran’s dependent parents (in equal shares).
(3) Upon the death of a surviving spouse or remarried surviving spouse, to the children of the deceased veteran.
(4) Upon the death of a child, to the surviving children of the veteran who are entitled to death compensation, dependency and indemnity compensation, or death pension.
(5) Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents.
(6) In all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person who bore the expense of last sickness and burial.
**(b)** No part of any accrued benefits shall be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of any beneficiary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5121
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Federal law — U.S. Code and appendices · legal_authorities
A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 110
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Federal law — U.S. Code and appendices · legal_authorities
Page 1064
TITLE 38—VETERANS’ BENEFITS
§ 5310
award of benefits was terminated under such
section, or whose benefits were not paid pursu-
ant to sections 3329 and 3330 of title 31, and who
was not guilty of mutiny, treason, sabotage, or
rendering assistance to an enemy of the United
States or its allies, shall be paid the full amount
of any benefits not paid because of such section
5308, or withheld (including the amount of any
checks covered on such person’s account into
the Treasury as miscellaneous receipts together
with any amount to such person’s credit in the
special-deposit account) pursuant to sections
3329 and 3330 of title 31. The Secretary shall cer-
tify to the Secretary of the Treasury the
amounts of payments which, but for this sec-
tion, would have been made from the special de-
posit account, and the Secretary of the Treas-
ury, as directed by the Secretary, shall reim-
burse the appropriations of the Department
from such special deposit account, or cover into
the Treasury as miscellaneous receipts the
amounts so certified.
(b) No payments shall be made for any period
before the date claim therefor is filed under this
section to any person whose award was termi-
nated, or whose benefits were not paid, before
July 1, 1954, because such person was a citizen or
subject of Germany or Japan residing in Ger-
many or Japan.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1232, § 3109;
Pub. L. 97–258, § 3(k)(4), Sept. 13, 1982, 96 Stat.
1065; Pub. L. 99–576, title VII, § 701(75), Oct. 28,
1986, 100 Stat. 3297; renumbered § 5309 and amend-
ed Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May
7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1),
(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat.
403–405.)
Editorial Notes
AMENDMENTS
1991—Pub.
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5310
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