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38 U.S.C. § 5304 — Prohibition against duplication of benefits
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in [section 1414 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1414&num=0&edition=prelim) or to the extent that retirement pay is waived under other provisions of law, not more than one award of pension, compensation, emergency officers’, regular, or reserve retirement pay, or initial award of naval pension granted after July 13, 1943, shall be made concurrently to any person based on such person’s own service or concurrently to any person based on the service of any other person.
(2) Notwithstanding the provisions of paragraph (1) of this subsection and of [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5305&num=0&edition=prelim), pension under section 1521 or 1541 of this title may be paid to a person entitled to receive retired or retirement pay described in [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5305&num=0&edition=prelim) concurrently with such person’s receipt of such retired or retirement pay if the annual amount of such retired or retirement pay is counted as annual income for the purposes of chapter 15 of this title.
**(b)**
(1) Except as provided in paragraphs (2) and (3) of this subsection and in [section 1521(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521/i&num=0&edition=prelim), the receipt of pension, compensation, or dependency and indemnity compensation by a surviving spouse, child, or parent on account of the death of any person, or receipt by any person of pension or compensation on account of such person’s own service, shall not bar the payment of pension, compensation, or dependency and indemnity compen
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Source file: Laws/federal/codes/united-states-code/title-38/section-5304-prohibition-against-duplication-of-benefits--d8680b13a1.md
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Source location: Title 38, Chapter 53, § 5304; chapter-053-special-provisions-relating-to-benefits.md
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**(a)**
(1) Except as provided in [section 1414 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1414&num=0&edition=prelim) or to the extent that retirement pay is waived under other provisions of law, not more than one award of pension, compensation, emergency officers’, regular, or reserve retirement pay, or initial award of naval pension granted after July 13, 1943, shall be made concurrently to any person based on such person’s own service or concurrently to any person based on the service of any other person.
(2) Notwithstanding the provisions of paragraph (1) of this subsection and of [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5305&num=0&edition=prelim), pension under section 1521 or 1541 of this title may be paid to a person entitled to receive retired or retirement pay described in [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5305&num=0&edition=prelim) concurrently with such person’s receipt of such retired or retirement pay if the annual amount of such retired or retirement pay is counted as annual income for the purposes of chapter 15 of this title.
**(b)**
(1) Except as provided in paragraphs (2) and (3) of this subsection and in [section 1521(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521/i&num=0&edition=prelim), the receipt of pension, compensation, or dependency and indemnity compensation by a surviving spouse, child, or parent on account of the death of any person, or receipt by any person of pension or compensation on account of such person’s own service, shall not bar the payment of pension, compensation, or dependency and indemnity compensation on account of the death or disability of any other person.
(2) Benefits other than insurance under laws administered by the Secretary may not be paid or furnished to or on account of any child by reason of the death of more than one parent in the same parental line; however, the child may elect one or more times to receive benefits by reason of the death of any one of such parents.
(3) Benefits other than insurance under laws administered by the Secretary may not be paid to any person by reason of the death of more than one person to whom such person was married; however, the person may elect one or more times to receive benefits by reason of the death of any one spouse.
**(c)** Pension, compensation, or retirement pay on account of any person’s own service shall not be paid to such person for any period for which such person receives active service pay.
**(d)**
(1) Other than amounts payable under section 1413a or 1414 of title 10, the amount of pension and compensation benefits payable to a person under this title shall be reduced by the amount of any lump sum payment made to such person under [section 1415 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1415&num=0&edition=prelim).
(2) The Secretary shall collect any reduction under paragraph (1) from amounts otherwise payable to the person under this title, including pension and compensation payable under this title, before any pension and compensation payments under this title may be paid to the person.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In determining annual income under this chapter, all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived, irrespective of whether the waiver was made pursuant to statute, contract, or otherwise) shall be included except—
(1) donations from public or private relief or welfare organizations;
(2) payments under this chapter;
(3) amounts equal to amounts paid by a spouse of a veteran for the expenses of such veteran’s last illness, and by a surviving spouse or child of a deceased veteran for—
(A) such veteran’s just debts,
(B) the expenses of such veteran’s last illness, and
(C) the expenses of such veteran’s burial to the extent such expenses are not reimbursed under chapter 23 of this title;
(4) amounts equal to amounts paid—
(A) by a veteran for the last illness and burial of such veteran’s deceased spouse or child, or
(B) by the spouse of a living veteran or the surviving spouse of a deceased veteran for the last illness and burial of a child of such veteran;
(5) payments regarding reimbursements of any kind (including insurance settlement payments) for expenses related to the repayment, replacement, or repair of equipment, vehicles, items, money, or property resulting from—
(A) any accident (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the equipment or vehicle involved at the time immediately preceding the accident;
(B) any theft or loss (as defined by the Secretary), but the amount excluded under this subparagraph shall not exceed the greater of the fair market value or reasonable replacement value of the item or the amount of the money
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1503
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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)** Services and assistance which the Secretary may provide under this chapter, pursuant to regulations which the Secretary shall prescribe, include the following:
(1) Evaluation, including periodic reevaluations as appropriate with respect to a veteran participating in a rehabilitation program, of the potential for rehabilitation of a veteran, including diagnostic and related services (A) to determine whether the veteran has an employment handicap or a serious employment handicap and whether a vocational goal is reasonably feasible for such veteran, and (B) to provide a basis for planning a suitable vocational rehabilitation program or a program of services and assistance to improve the vocational rehabilitation potential or independent living status of such veteran, as appropriate.
(2) Educational, vocational, psychological, employment, and personal adjustment counseling.
(3) An allowance and other appropriate assistance, as authorized by [section 3108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3108&num=0&edition=prelim).
(4) A work-study allowance as authorized by [section 3485 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3485&num=0&edition=prelim).
(5) Placement services to effect suitable placement in employment, and postplacement services to attempt to insure satisfactory adjustment in employment.
(6) Personal adjustment and work adjustment training.
(7)
(A) Vocational and other training services and assistance, including individualized tutorial assistance, tuition, fees, books, supplies, handling charges, licensing fees, and equipment and other training materials determined by the Secretary to be necessary to accomplish the purposes of the rehabilitation pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3104
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment of Both Retired Pay and Compensation.—**
(1) **In general.—** — Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans’ disability compensation for a qualifying service-connected disability (hereinafter in this section referred to as a “qualified retiree”) is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38. During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to such a qualified retiree is subject to subsection (c), except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following:
(A) A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent.
(B) A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability.
(2) **Qualifying service-connected disability.—** — In this section, the term “qualifying service-connected disability” means a service-connected disability or combination of service-connected disabilities that is rated as not less than 50 percent disabling by the Secretary of Veterans Affairs.
**(b) Special Rules for Chapter 61 Disability Retirees.—**
(1) **Career retirees.—** — The retired pay of a member retired under chapter 61 of this title with 20 years or more of service otherwise creditable under [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1405&num=0&edition=prelim), or at least 20 years of service
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1414
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), an amount not to exceed the maximum percentage of such employee’s or Member’s basic pay for such pay period allowable under paragraph (2). Contributions under this subsection pursuant to such an election shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director.
(2) The maximum percentage allowable under this paragraph shall be determined in accordance with the following table: In the case of a pay period beginning in fiscal year:The maximum percentageallowable is: 200111 200212 200313 200414 200515 2006 or thereafter100.
(3) Notwithstanding any limitation under this subsection, an eligible participant (as defined by section 414(v) of the Internal Revenue Code of 1986) may make such additional contributions to the Thrift Savings Fund as are permitted by such section 414(v) and regulations of the Executive Director consistent therewith.
**(b)**
(1)
(A)
(i) The Executive Director shall prescribe regulations under which employees and Members may make contributions under subsection (a), to modify the amount to be contributed under such subsection, or to terminate such contributions.
(ii) An election to make contributions under this paragraph—
(I) may be made at any time;
(II) shall take effect on the earliest date after the election that is administratively feasible; and
(III) shall remain in effect until modified or terminated.
(B) The amount to be contributed pursuant to an election under subparagraph (A) shall be the percentage of basic pay or amo
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8432
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Covered retired pay.—** — The term “covered retired pay” means retired pay under—
(A) this title;
(B) title 14;
(C) the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 ([33 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section3001&num=0&edition=prelim) et seq.); or
(D) the Public Health Service Act ([42 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section201&num=0&edition=prelim) et seq.).
(2) **Eligible person.—** — The term “eligible person” means a person who—
(A)
(i) first becomes a member of a uniformed service on or after January 1, 2018; or
(ii) makes the election described in section 1409(b)(4)(B) or 12739(f)(2) of this title; and
(B) does not retire or separate under chapter 61 of this title.
(3) **Retirement age.—** — The term “retirement age” has the meaning given the term in section 216(l) of the Social Security Act ([42 U.S.C. 416](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section416&num=0&edition=prelim)(l)).
**(b) Election of Lump Sum Payment of Certain Retired Pay.—**
(1) **In general.—** — An eligible person entitled to covered retired pay (including an eligible person who is entitled to such pay by reason of an election described in subsection (a)(2)(A)(ii)) may elect to receive—
(A) a lump sum payment of the discounted present value at the time of the election of an amount of the covered retired pay that the eligible person is otherwise entitled to receive for the period beginning on the date of retirement and ending on the date the eligible person attains the eligible person’s retirement age equal to—
(i) 50 percent of the amount
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1415
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in [section 1414 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1414&num=0&edition=prelim), any person who is receiving pay pursuant to any provision of law providing retired or retirement pay to persons in the Armed Forces, or as a commissioned officer of the National Oceanic and Atmospheric Administration or of the Public Health Service, and who would be eligible to receive pension or compensation under the laws administered by the Secretary if such person were not receiving such retired or retirement pay, shall be entitled to receive such pension or compensation upon the filing by such person with the department by which such retired or retirement pay is paid of a waiver of so much of such person’s retired or retirement pay as is equal in amount to such pension or compensation. To prevent duplication of payments, the department with which any such waiver is filed shall notify the Secretary of the receipt of such waiver, the amount waived, and the effective date of the reduction in retired or retirement pay.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5305
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary concerned shall pay to each eligible combat-related disabled uniformed services retiree who elects benefits under this section a monthly amount for the combat-related disability of the retiree determined under subsection (b).
**(b) Amount.—**
(1) **Determination of monthly amount.—** — Subject to paragraphs (2) and (3), the monthly amount to be paid an eligible combat-related disabled uniformed services retiree under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is not a combat-related disability.
(2) **Maximum amount.—** — The amount paid to an eligible combat-related disabled uniformed services retiree for any month under paragraph (1) may not exceed the amount of the reduction in retired pay that is applicable to the retiree for that month under sections 5304 and 5305 of title 38.
(3) **Special rules for chapter 61 disability retirees.—**
(A) *General rule.—* — In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.
(B) *Special rule for retirees with fewer than 20 years of service.—* — In the case of an eligible combat-related disabled unifor
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1413a
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Federal law — U.S. Code and appendices · legal_authorities
Page 1061
TITLE 38—VETERANS’ BENEFITS
§ 5304
SCOPE OF EXCLUSION
Pub. L. 97–306, title IV, § 408(d), Oct. 14, 1982, 96 Stat.
1446, provided that: ‘‘Section 3103A [now 5303A] of title
38, United States Code, as amended by subsection (a), is
the law with respect to the matters stated in such sec-
tion and applies, in accordance with its terms, with re-
spect to benefits under Federal law, regardless of the
particular title of the United States Code or other law
under which any such benefit is provided or the depart-
ment, agency, or instrumentality which administers
any such benefit.’’
APPLICABILITY
Pub. L. 97–66, title VI, § 604(b), Oct. 17, 1981, 95 Stat.
1036, provided that: ‘‘Section 5303A [formerly 3103A] of
title 38, United States Code, as added by subsection (a),
shall not apply with respect to the receipt by any per-
son of any benefit provided by or pursuant to law be-
fore the date of the enactment of this Act [Oct. 17,
1981]. Notwithstanding such section, a person who be-
fore such date has received a certificate of eligibility
from the Administrator of Veterans’ Affairs [now Sec-
retary of Veterans Affairs] for benefits under chapter 37
of title 38, United States Code, is eligible for such bene-
fits after such date.’’
§ 5303B. Character of service determinations
(a) DETERMINATION.—The Secretary shall es-
tablish a process by which an individual who
served in the Armed Forces and was discharged
or dismissed therefrom may seek a determina-
tion from the Secretary with respect to whether
such discharge or release was under a condition
that bars the right of such individual to a ben-
efit under the laws administered by the Sec-
retary based upon the period of service from
which discharged or dismissed.
(b) PROVISION
OF INFORMATION.—If the Sec-
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5304
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