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38 U.S.C. § 1141 — Basic entitlement
Federal law — U.S. Code and appendices · legal_authorities
The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957, as the result of injury or disease incurred in or aggravated by active military, naval, air, or space service, in line of duty, during other than a period of war, shall be entitled to receive compensation as hereinafter provided in this subchapter.
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Source file: Laws/federal/codes/united-states-code/title-38/section-1141-basic-entitlement--9459a105d0.md
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Source location: Title 38, Chapter 11, § 1141; chapter-011-compensation-for-service-connected-disability-or-death.md
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The surviving spouse, child or children, and dependent parent or parents of any veteran who died before January 1, 1957, as the result of injury or disease incurred in or aggravated by active military, naval, air, or space service, in line of duty, during other than a period of war, shall be entitled to receive compensation as hereinafter provided in this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “veteran” includes a person who died in the active military, naval, air, or space service.
(2) The term “period of war” includes, in the case of any veteran—
(A) any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, air, or space service after April 5, 1917, and before November 12, 1918; and
(B) any period of continuous service performed by such veteran after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1947.
(3) The term “chronic disease” includes—Anemia, primary Arteriosclerosis Arthritis Atrophy, progressive muscular Brain hemorrhage Brain thrombosis Bronchiectasis Calculi of the kidney, bladder, or gallbladder Cardiovascular-renal disease, including hypertension Cirrhosis of the liver Coccidioidomycosis Diabetes mellitus Encephalitis lethargica residuals Endocarditis Endocrinopathies Epilepsies Hansen’s disease Hodgkin’s disease Leukemia Lupus erythematosus, systemic Myasthenia gravis Myelitis Myocarditis Nephritis Organic diseases of the nervous system Osteitis deformans (Paget’s disease) Osteomalacia Palsy, bulbar Paralysis agitans Psychoses Purpura idiopathic, hemorrhagic Raynaud’s disease Sarcoidosis Scleroderma Sclerosis, amyotrophic lateral Sclerosis, multiple Syringomyelia Thromboangiitis obliterans (Buerger’s disease) Tuberculosis, active Tumors, malignant, or of the brain or spinal cord or peripheral nerves Ulcers, peptic (gastric or duodenal) and such other chronic diseases as the Secretary may add to this list.
(4) The term “tropical disease” includes—Amebiasis Blackwater fever Cholera Dracontiasis Dysentery Filiariasis Hansen’s disease Leishmaniasis, including kal
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Dependency and indemnity compensation shall be paid to a surviving spouse at the monthly rate of $1,154.
(2) The rate under paragraph (1) shall be increased by $246 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran’s disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered.
(3) In the case of dependency and indemnity compensation paid to a surviving spouse that is predicated on the death of a veteran before January 1, 1993, the monthly rate of such compensation shall be the amount based on the pay grade of such veteran, as set forth in the following table, if the amount is greater than the total amount determined with respect to that veteran under paragraphs (1) and (2): Pay gradeMonthly ratePay gradeMonthly rate 1 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by [section 1302 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1302&num=0&edition=prelim), the surviving spouse’s rate shall be $1,419. 2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1311
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of [section 1141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1141&num=0&edition=prelim), the monthly rates of death compensation payable shall be those specified in [section 1122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1122&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1142
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Federal law — U.S. Code and appendices · legal_authorities
Page 182
TITLE 38—VETERANS’ BENEFITS
§ 1135
Pub. L. 102–83, § 5(c)(1), substituted ‘‘1131’’ for ‘‘331’’
and ‘‘1114’’ for ‘‘314’’.
1972—Pub. L. 92–328 substituted provisions that com-
pensation payable for the disability be that specified in
section 314 of this title, for provisions that compensa-
tion payable for the disability be equal to 80% of the
compensation payable for such disability under section
314 of this title, adjusted upward or downward to the
nearest dollar.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1972 AMENDMENT
Pub. L. 92–328, title III, § 301(b), June 30, 1972, 86 Stat.
398, provided that: ‘‘Section 108 [repealing section 336 of
this title and amending this section and section 335
[now 1135] of this title] shall take effect on July 1,
1973.’’
§ 1135. Additional compensation for dependents
Any veteran entitled to compensation at the
rates provided in section 1134 of this title, and
whose disability is rated not less than 30 per-
cent, shall be entitled to additional monthly
compensation for dependents as provided in sec-
tion 1115 of this title.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1123, § 335;
Pub. L. 92–328, title I, § 108(b), June 30, 1972, 86
Stat. 396; Pub. L. 98–543, title I, § 112(a), Oct. 24,
1984, 98 Stat. 2740; renumbered § 1135 and amend-
ed Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105
Stat. 406.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–83, § 5(a), renumbered section 335 of
this title as this section.
Pub. L. 102–83, § 5(c)(1), substituted ‘‘1134’’ for ‘‘334’’
and ‘‘1115’’ for ‘‘315’’.
1984—Pub. L. 98–543 substituted ‘‘30 percent’’ for ‘‘50
per centum’’.
1972—Pub. L. 92–328 substituted provisions that the
veteran be entitled to additional monthly compensa-
tion for dependents as pro
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1141
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