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38 U.S.C. § 110 — Preservation of disability ratings
Federal law — U.S. Code and appendices · legal_authorities
A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 110
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Stable record: federal_law:legal_authorities:record_usc_bd3c6b51a81ee6883c0013fc
Source file: Laws/federal/codes/united-states-code/title-38/section-110-preservation-of-disability-ratings--f9d23c959c.md
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Passage SHA-256: bf4c02331161a3fc7d4bff84fefe3b59b84d3769f447ea11e01a78b3c76f7942
Source location: Title 38, Chapter 1, § 110; chapter-001-general.md
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A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1151
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Federal law — U.S. Code and appendices · legal_authorities
Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed on or after January 1, 1962, except upon a showing that the original grant of service connection was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1159
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Unless specifically provided otherwise in this chapter, the effective date of an award based on an initial claim, or a supplemental claim, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.
(2) For purposes of determining the effective date of an award under this section, the date of application shall be considered the date of the filing of the initial application for a benefit if the claim is continuously pursued by filing any of the following, either alone or in succession:
(A) A request for higher-level review under [section 5104B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5104b&num=0&edition=prelim) on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(B) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim) on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(C) A notice of disagreement on or before the date that is one year after the date on which the agency of original jurisdiction issues a decision.
(D) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&edition=prelim) on or before the date that is one year after the date on which the Board of Veterans’ Appeals issues a decision.
(E) A supplemental claim under [section 5108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5108&num=0&
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5110
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as otherwise specified in this section, the effective date of reduction or discontinuance of compensation, dependency and indemnity compensation, or pension shall be fixed in accordance with the facts found.
**(b)** The effective date of a reduction or discontinuance of compensation, dependency and indemnity compensation, or pension—
(1) by reason of marriage or remarriage, or death of a payee shall be the last day of the month before such marriage, remarriage, or death occurs;
(2) by reason of marriage, annulment, divorce, or death of a dependent of a payee shall be the last day of the month in which such marriage, annulment, divorce, or death occurs;
(3) by reason of receipt of active service pay or retirement pay shall be the day before the date such pay began;
(4) by reason of—
(A) change in income shall (except as provided in [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim)) be the last day of the month in which the change occurred; and
(B) change in corpus of estate shall be the last day of the calendar year in which the change occurred;
(5) by reason of a change in disability or employability of a veteran in receipt of pension shall be the last day of the month in which discontinuance of the award is approved;
(6) by reason of change in law or administrative issue, change in interpretation of a law or administrative issue, or, for compensation purposes, a change in service-connected or employability status or change in physical condition shall be the last day of the month following sixty days from the date of notice to the payee of the reduction or discontinuance;
(7) by reason of the discontinuance of school attendance of a payee or a dependent of a pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5112
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran’s death if—
(A) at the time of the veteran’s death, the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or
(B) the veteran is determined for purposes of section 5121 or 5121A of this title as having been entitled to receive compensation or pension under chapter 11 or 15 of this title for the month of the veteran’s death.
(2) The amount of the benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title, as the case may be, for the month of the veteran’s death had the veteran not died.
**(b) Claims Pending Adjudication.—** If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran’s death and the check or other payment issued to the veteran’s surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran’s death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5310
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Federal law — U.S. Code and appendices · legal_authorities
Page 40
TITLE 38—VETERANS’ BENEFITS
§ 110
the United States in World War II and who at
time of entrance into such active service were
citizens of the United States shall, by virtue of
such service, and if otherwise qualified, be enti-
tled to the benefits of chapters 31 and 37 of this
title in the same manner and to the same extent
as veterans of World War II are entitled. No such
benefit shall be extended to any person who is
not a resident of the United States at the time
of filing claim, or to any person who has applied
for and received the same or any similar benefit
from the government in whose armed forces
such person served.
(c)(1) Any person who served during World War
I or World War II as a member of any armed
force of the Government of Czechoslovakia or
Poland and participated while so serving in
armed conflict with an enemy of the United
States and has been a citizen of the United
States for at least ten years shall, by virtue of
such service, and upon satisfactory evidence
thereof, be entitled to hospital and domiciliary
care and medical services within the United
States under chapter 17 of this title to the same
extent as if such service had been performed in
the Armed Forces of the United States unless
such person is entitled to, or would, upon appli-
cation thereof, be entitled to, payment for
equivalent care and services under a program es-
tablished by the foreign government concerned
for persons who served in its armed forces in
World War I or World War II.
(2) In order to assist the Secretary in making
a determination of proper service eligibility
under this subsection, each applicant for the
benefits thereof shall furnish an authenticated
certification from the French Ministry of De-
fense or the British War Office as
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 110
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