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38 U.S.C. § 5313 — Limitation on payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony

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

38 U.S.C. § 5313 — Limitation on payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony

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Source file: Laws/federal/codes/united-states-code/title-38/section-5313-limitation-on-payment-of-compensation-and-dependency-and-indemnity-compe--4fcee1afa7.md
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Source location: Title 38, Chapter 53, § 5313; chapter-053-special-provisions-relating-to-benefits.md

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**(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 not paid to a surviving spouse or child by reason of subsection (a) of this section may, as appropriate in an individual case, be apportioned as follows: (A) In the case of dependency and indemnity compensation not paid to a surviving spouse, any apportionment shall be to the surviving child or children. (B) In the case of dependency and indemnity compensation not paid to a surviving child, any apportionment shall be to the surviving spouse or other surviving children, as applicable. (3) No apportionment may be made under this subsection to or on behalf of any person who is incarcerated in a Federal, State, local, or other penal institution or correctional facility for conviction of a felony. **(c)** The Secretary shall not assign to any veteran a rating of total disability based on the individual unemployability of the veteran resulting from a service-connected disability during any period during which the veteran is incarcerated in a Federal, State, local, or other penal institution or correctional facility for conviction of a felony. **(d)** The provisions of subsection (a) of this section shall apply (1) with respect to any period of incarceration of a person for conviction of a felony committed after October 7, 1980, and (2) with respect to any period of incarceration on or after October 1, 1980, for conviction of a felony of a person who on October 1, 1980, is incarcerated for conviction of such felony and with respect to whom the action granting an award of compensation or dependency and indemnity compensation is taken on or after such date. **(e)** For purposes of this section— (1) The term “compensation” includes disability compensation payable under [section 1151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1151&num=0&edition=prelim). (2) The term “dependency and indemnity compensation” means death compensation payable under section 1121 or 1141 of this title, death compensation and dependency and indemnity compensation payable under [section 1151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1151&num=0&edition=prelim), and any benefit payable under chapter 13 of this title.

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

38 U.S.C. § 1151 — Benefits for persons disabled by treatment or vocational rehabilitation

**(a)** Compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected. For purposes of this section, a disability or death is a qualifying additional disability or qualifying death if the disability or death was not the result of the veteran’s willful misconduct and— (1) the disability or death was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by the Secretary, either by a Department employee or in a Department facility as defined in [section 1701(3)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1701/3/A&num=0&edition=prelim), and the proximate cause of the disability or death was— (A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or examination; or (B) an event not reasonably foreseeable; or (2) the disability or death was proximately caused (A) by the provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary for such purpose under [section 3115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3115&num=0&edition=prelim)) as part of an approved rehabilitation program under chapter 31 of this title, or (B) by participation in a program (known as a “compensated work therapy program”) under [section 1718 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38

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

38 U.S.C. § 3113 — Vocational rehabilitation for hospitalized members of the Armed Forces and veterans

**(a)** Services and assistance may be provided under this chapter to a person described in subparagraphs (A)(ii) and (B) of [section 3102(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3102/1&num=0&edition=prelim) who is hospitalized pending discharge from active military, naval, air, or space service. In such cases, no subsistence allowance shall be paid. **(b)** Services and assistance may be provided under this chapter to a veteran who is receiving care in a Department of Veterans Affairs hospital, nursing home, or domiciliary facility or in any other hospital or medical facility.

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

38 U.S.C. § 5307 — Apportionment of benefits

**(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.

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

38 U.S.C. § 1114 — Rates of wartime disability compensation

For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim)— **(a)** if and while the disability is rated 10 percent the monthly compensation shall be $123; **(b)** if and while the disability is rated 20 percent the monthly compensation shall be $243; **(c)** if and while the disability is rated 30 percent the monthly compensation shall be $376; **(d)** if and while the disability is rated 40 percent the monthly compensation shall be $541; **(e)** if and while the disability is rated 50 percent the monthly compensation shall be $770; **(f)** if and while the disability is rated 60 percent the monthly compensation shall be $974; **(g)** if and while the disability is rated 70 percent the monthly compensation shall be $1,228; **(h)** if and while the disability is rated 80 percent the monthly compensation shall be $1,427; **(i)** if and while the disability is rated 90 percent the monthly compensation shall be $1,604; **(j)** if and while the disability is rated as total the monthly compensation shall be $2,673; **(k)** if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman veteran, has suffered the anatomical loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue, the

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

38 U.S.C. § 5313 — Limitation on payment of compensation

Page 1066 TITLE 38—VETERANS’ BENEFITS § 5313 2926; Pub. L. 108–454, title V, § 506, Dec. 10, 2004, 118 Stat. 3622.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 2004—Subsec. (b)(1). Pub. L. 108–454 inserted ‘‘and the annual benefit amount limitations under sections 5507(c)(2)(D) and 5508 of this title,’’ after ‘‘(d)(3) of such section,’’. 1996—Subsec. (a). Pub. L. 104–204, § 421(c)(1), sub- stituted ‘‘, the rate of increased pension’’ for ‘‘and the rate of increased pension’’ and inserted ‘‘and each rate of monthly allowance paid under section 1805 of this title,’’ after ‘‘on account of children,’’. Subsec. (c)(1). Pub. L. 104–204, § 421(c)(2), substituted ‘‘1542, and 1805’’ for ‘‘and 1542’’. 1991—Pub. L. 102–40 renumbered section 3112 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1521’’, ‘‘1541’’, and ‘‘1542’’ for ‘‘521’’, ‘‘541’’, and 542’’, re- spectively, wherever appearing. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Subsec. (b)(1), (2)(A). Pub. L. 102–83, § 5(c)(1), sub- stituted ‘‘1315’’ for ‘‘415’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Subsec. (b)(2)(B). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Subsec. (c)(1). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1521’’, ‘‘1541’’, and ‘‘1542’’ for ‘‘521’’, ‘‘541’’, and ‘‘542’’, r

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