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38 U.S.C. § 1522 — Net worth limitation

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

38 U.S.C. § 1522 — Net worth limitation

**(a)** The Secretary shall deny or discontinue the payment of pension to a veteran under section 1513 or 1521 of this title when the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran’s spouse is such that under all the circumstances, including consideration of the annual income of the veteran, the veteran’s spouse, and the veteran’s children, it is reasonable that some part of the corpus of such estates be consumed for the veteran’s maintenance. **(b)** The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim) on account of a child when the corpus of such child’s estate is such that under all the circumstances, including consideration of the veteran’s and spouse’s income, and the income of the veteran’s children, it is reasonable that some part of the corpus of such child’s estate be consumed for the child’s maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the veteran’s child for purposes of this chapter.

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Stable record: federal_law:legal_authorities:record_usc_a2173281f732cb4d7dfded07
Source file: Laws/federal/codes/united-states-code/title-38/section-1522-net-worth-limitation--01dfa8990e.md
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Source location: Title 38, Chapter 15, § 1522; chapter-015-pension-for-non-service-connected-disability-or-death-or-for-service.md

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**(a)** The Secretary shall deny or discontinue the payment of pension to a veteran under section 1513 or 1521 of this title when the corpus of the estate of the veteran or, if the veteran has a spouse, the corpus of the estates of the veteran and of the veteran’s spouse is such that under all the circumstances, including consideration of the annual income of the veteran, the veteran’s spouse, and the veteran’s children, it is reasonable that some part of the corpus of such estates be consumed for the veteran’s maintenance. **(b)** The Secretary shall deny or discontinue the payment of increased pension under subsection (c), (d), (e), or (f) of [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim) on account of a child when the corpus of such child’s estate is such that under all the circumstances, including consideration of the veteran’s and spouse’s income, and the income of the veteran’s children, it is reasonable that some part of the corpus of such child’s estate be consumed for the child’s maintenance. During the period such denial or discontinuance remains in effect, such child shall not be considered as the veteran’s child for purposes of this chapter.

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

38 U.S.C. § 1521 — Veterans of a period of war

**(a)** The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran’s willful misconduct, pension at the rate prescribed by this section, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim). **(b)** If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran’s spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $11,830, reduced by the amount of the veteran’s annual income. **(c)** If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $15,493, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members. **(d)** (1) If the vetera

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1521

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

38 U.S.C. § 1513 — Veterans 65 years of age and older

**(a)** The Secretary shall pay to each veteran of a period of war who is 65 years of age or older and who meets the service requirements of [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim) (as prescribed in subsection (j) of that section) 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 permanent and total disability requirement) applicable to pension paid under that section. **(b)** If a veteran is eligible for pension under both this section and [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim), pension shall be paid to the veteran only under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1513

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

38 U.S.C. § 101 — Definitions

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

38 U.S.C. § 522 — Studies of rehabilitation of disabled persons

**(a)** The Secretary may conduct studies and investigations, and prepare reports, relative to the rehabilitation of disabled persons, the relative abilities, aptitudes, and capacities of the several groups of the variously handicapped, and how their potentialities can best be developed and their services best used in gainful and suitable employment including the rehabilitation programs of foreign nations. **(b)** In carrying out this section, the Secretary (1) may cooperate with such public and private agencies as the Secretary considers advisable; and (2) may employ consultants who shall receive a reasonable per diem, as prescribed by the Secretary, for each day actually employed, plus necessary travel and other expenses.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 522

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

38 U.S.C. § 107 — Certain service deemed not to be active service

**(a)** Service before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, shall not be deemed to have been active military, naval, or air service for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the Armed Forces, except benefits under— (1) contracts of National Service Life Insurance entered into before February 18, 1946; (2) chapter 10 of title 37; and (3) chapters 11, 13 (except section 1312(a)), 23, and 24 (to the extent provided for in section 2402(a)(8)) of this title. Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar. Any payments made before February 18, 1946, to any such member under such laws conferring rights, benefits, or privileges shall not be deemed to have been invalid by reason of the circumstance that such member’s service was not service in the Armed Forces or any component thereof within the meaning of any such law. **(b)** Service in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act o

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 107

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

38 U.S.C. § 1722 — Determination of inability to defray necessary expenses; income thresholds

**(a)** For the purposes of [section 1710(a)(2)(G) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/2/G&num=0&edition=prelim), a veteran shall be considered to be unable to defray the expenses of necessary care if— (1) the veteran is eligible to receive medical assistance under a State plan approved under title XIX of the Social Security Act ([42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.); (2) the veteran is in receipt of pension under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim); or (3) the veteran’s attributable income is not greater than the amount set forth in subsection (b). **(b)** (1) For purposes of subsection (a)(3), the income threshold for the calendar year beginning on January 1, 1990, is— (A) $17,240 in the case of a veteran with no dependents; and (B) $20,688 in the case of a veteran with one dependent, plus $1,150 for each additional dependent. (2) For a calendar year beginning after December 31, 1990, the amounts in effect for purposes of this subsection shall be the amounts in effect for the preceding calendar year as adjusted under subsection (c) of this section. **(c)** Effective on January 1 of each year, the amounts in effect under subsection (b) of this section shall be increased by the percentage by which the maximum rates of pension were increased under [section 5312(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312/a&num=0&edition=prelim) during the preceding calendar year. **(d)** (1) Notwithstanding the attributable income of a veteran, the Secretary may refuse to ma

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1722

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

38 U.S.C. § 1522 — Net worth limitation

Page 248 TITLE 38—VETERANS’ BENEFITS § 1522 INCOME RESTRICTIONS ON PENSIONS; EFFECTIVE DATES Pub. L. 90–275, § 4, Mar. 28, 1968, 82 Stat. 68, as amend- ed by Pub. L. 91–588, § 5; Pub. L. 92–198, § 4; Pub. L. 93–527, § 6; Pub. L. 94–169, § 107; Pub. L. 94–432, § 206; Pub. L. 95–204, § 105, provided that: ‘‘The income limitations governing payment of pension under the first sentence of section 9(b) of the Veterans’ Pension Act of 1959 [for- merly set out in a Savings Provision note above] here- after shall be $3,300 and $4,760 instead of $3,100 and $4,460, respectively.’’ Pub. L. 90–275, § 4, Mar. 28, 1968, 82 Stat. 68, as origi- nally enacted, was eff. Jan. 1, 1969, pursuant to Pub. L. 90–275, § 6(a). Subsequent amendments to said section 4 by Pub. L. 91–588, Pub. L. 92–198, and Pub. L. 94–169 were effective Jan. 1, 1971, Jan. 1, 1972, and for a period be- ginning Jan. 1, 1976 and ending Sept. 30, 1976, respec- tively. Pub. L. 94–432, §§ 101, 405(b) amended said section 4 of Pub. L. 90–275 and section 107 of Pub. L. 94–169 to be effective Jan. 1, 1976 and Jan. 1, 1977, respectively. Pub. L. 95–204, § 302 amended said section 4 of Pub. L. 90–275 to be effective Jan. 1, 1978. AID AND ATTENDANCE ALLOWANCE FOR WIDOWS OF VETERANS OF ALL PERIODS OF WAR Pub. L. 90–77, title I, § 108(c), Aug. 31, 1967, 81 Stat. 180, provided that: ‘‘If any widow is entitled to pension under the first sentence of section 9(b) of the Veterans’ Pension Act of 1959 [formerly set out in a Savings Pro- vision note above] and is in need of regular aid and at- tendance, the monthly rate of pension payable to her shall be increased by $50.’’ PENSION FOR HOUSEBOUND VETERANS Pub. L. 90–77, title I, § 110, Aug. 31, 1967, 81 Stat. 180, provided that: ‘‘The Administrator of Veterans’ Aff

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1522

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