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38 U.S.C. § 1304 — Special provisions relating to surviving spouses
Federal law — U.S. Code and appendices · legal_authorities
No dependency and indemnity compensation shall be paid to the surviving spouse of a veteran dying after December 31, 1956, unless such surviving spouse was married to such veteran—
(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; 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.
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Source file: Laws/federal/codes/united-states-code/title-38/section-1304-special-provisions-relating-to-surviving-spouses--bd5490d01e.md
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Source location: Title 38, Chapter 13, § 1304; chapter-013-dependency-and-indemnity-compensation-for-service-connected-deaths.md
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No dependency and indemnity compensation shall be paid to the surviving spouse of a veteran dying after December 31, 1956, unless such surviving spouse was married to such veteran—
(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; 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.
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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
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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limited eligibility for specified Federal programs**
(1) **In general** — Notwithstanding any other provision of law and except as provided in paragraph (2), an alien who is a qualified alien (as defined in [section 1641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641&num=0&edition=prelim)) is not eligible for any specified Federal program (as defined in paragraph (3)).
(2) **Exceptions**
(A) *Time-limited exception for refugees and asylees* — With respect to the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien until 7 years after the date—
(i) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [[8 U.S.C. 1157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim)];
(ii) an alien is granted asylum under section 208 of such Act [[8 U.S.C. 1158](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim)];
(iii) an alien’s deportation is withheld under section 243(h) of such Act [[8 U.S.C. 1253](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1253&num=0&edition=prelim)] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208) or section 241(b)(3) of such Act [[8 U.S.C. 1231(b)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1231/b/3&num=0&edition=prelim)] (as amended by section 305(a) of division C of Public Law 104–208);
(iv) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or
(v) an alien is admitted to
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision of law and except as provided in subsections (b), (c), and (d), an alien who is a qualified alien (as defined in [section 1641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641&num=0&edition=prelim)) and who enters the United States on or after August 22, 1996, is not eligible for any Federal means-tested public benefit for a period of 5 years beginning on the date of the alien’s entry into the United States with a status within the meaning of the term “qualified alien”.
**(b) Exceptions** The limitation under subsection (a) shall not apply to the following aliens:
(1) **Exception for refugees and asylees**
(A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [[8 U.S.C. 1157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim)].
(B) An alien who is granted asylum under section 208 of such Act [[8 U.S.C. 1158](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim)].
(C) An alien whose deportation is being withheld under section 243(h) of such Act [[8 U.S.C. 1253](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1253&num=0&edition=prelim)] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208) or section 241(b)(3) of such Act [[8 U.S.C. 1231(b)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1231/b/3&num=0&edition=prelim)] (as amended by section 305(a) of division C of Public Law 104–208).
(D) An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assis
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision of law and except as provided in subsection (b), a State is authorized to determine the eligibility for any State public benefits of an alien who is a qualified alien (as defined in [section 1641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641&num=0&edition=prelim)), a nonimmigrant under the Immigration and Nationality Act [[8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.], or an alien who is paroled into the United States under section 212(d)(5) of such Act [[8 U.S.C. 1182(d)(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/d/5&num=0&edition=prelim)] for less than one year.
**(b) Exceptions** Qualified aliens under this subsection shall be eligible for any State public benefits.
(1) **Time-limited exception for refugees and asylees**
(A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [[8 U.S.C. 1157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim)] until 5 years after the date of an alien’s entry into the United States.
(B) An alien who is granted asylum under section 208 of such Act [[8 U.S.C. 1158](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim)] until 5 years after the date of such grant of asylum.
(C) An alien whose deportation is being withheld under section 243(h) of such Act [[8 U.S.C. 1253](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1253&num=0&edition=prelim)] (as in effect immediately before the effective date of section 307 of divisi
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Federal law — U.S. Code and appendices · legal_authorities
Page 207
TITLE 38—VETERANS’ BENEFITS
§ 1305
1966—Subsec. (d). Pub. L. 89–622 substituted ‘‘any sub-
sequent discharge or release from active duty was
under conditions other than dishonorable’’ for ‘‘was so
serving in such rank within one hundred and twenty
days before death in the active military, naval, or air
service or before last discharge or release from active
duty under conditions other than dishonorable’’.
1960—Subsec. (d). Pub. L. 86–492 added subsec. (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–433 effective Oct. 1, 1976,
see section 406 of Pub. L. 94–433, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1971 AMENDMENT
Pub. L. 92–169, § 3, Nov. 24, 1971, 85 Stat. 489, provided
that: ‘‘For the purposes of chapter 13 of title 38, United
States Code, this Act [amending this section and sec-
tion 552 of Title 37, Pay and Allowances of the Uni-
formed Services] becomes effective upon the date of en-
actment [Nov. 24, 1971]. For all other purposes this Act
becomes effective as of February 28, 1961.’’
EFFECTIVE DATE OF 1969 AMENDMENT
Pub. L. 91–96, § 8, Oct. 27, 1969, 83 Stat. 146, provided
that: ‘‘This Act [amending this section and sections 322
[now 1122], 401 [now 1301], 403, 411 [now 1311], and 421
[now 1321] of this title] shall take effect on the first day
of the second calendar month which begins after the
date of enactment [Oct. 27, 1969].’’
EFFECTIVE DATE OF 1966 AMENDMENT
Pub. L. 89–622, § 2, Oct. 4, 1966, 80 Stat. 873, provided
that: ‘‘The amendment made by this Act [amending
this section] shall take effect on the first day of the
second calendar month after the date of enactment of
this Act [Oct. 4, 1966].’’
§ 1303. Cost-of-living adjustments
(a) In t
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1304
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