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

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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Source location: Title 38, Chapter 15, § 1535; 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. § 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.

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

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

Page 253 TITLE 38—VETERANS’ BENEFITS § 1536 1 See References in Text note below. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1511’’ for ‘‘511’’ in introductory provisions. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in introductory provi- sions. 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 one of the Indian Wars, in which case the monthly rate shall be $75.’’ 1975—Pub. L. 94–169, § 106(29), substituted ‘‘Surviving spouses’’ for ‘‘Widows’’ in section catchline. Subsec. (a). Pub. L. 94–169, § 106(26), substituted ‘‘pay to a surviving spouse’’ for ‘‘paid to a widow’’, ‘‘unless such surviving spouse’’ for ‘‘she’’ wherever appearing, ‘‘was the spouse’’ for ‘‘was the wife’’ and ‘‘such vet- eran’s’’ for ‘‘his’’. Subsec. (b). Pub. L. 94–169, § 106(27), substituted ‘‘sur- viving spouse’’ for ‘‘widow’’. Subsec. (c). Pub. L. 94–169, § 106(28), substituted ‘‘paid to a surviving spouse’’ for ‘‘paid to a widow’’, ‘‘unless such surviving spouse’’ for ‘‘unless she’’ and ‘‘such vet- eran’’ for ‘‘him’’. 1967—Subsec. (a)(2). Pub. L. 90–77, § 105, substituted ‘‘$70’’ for ‘‘$65’’. Subsec. (c). Pub. L. 90–77, § 101(a), qualified widow of a veteran for a pension by reducing in par. (2) the req- uisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976. EFFECTIVE DATE OF 1967 AMENDMENT Amendme

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