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38 U.S.C. § 1102 — Special provisions relating to surviving spouses
Federal law — U.S. Code and appendices · legal_authorities
**(a)** No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran—
(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
**(b)** Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.
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Stable record: federal_law:legal_authorities:record_usc_e9f72674c46d1ab9a07f2c3e
Source file: Laws/federal/codes/united-states-code/title-38/section-1102-special-provisions-relating-to-surviving-spouses--610ce21a6a.md
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Source location: Title 38, Chapter 11, § 1102; chapter-011-compensation-for-service-connected-disability-or-death.md
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**(a)** No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran—
(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage, or was born to them before the marriage.
**(b)** Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.
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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
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)** The Secretary of Veterans Affairs shall cause a seal of office to be made for the Department of such device as the President shall approve. Judicial notice shall be taken of the seal.
**(b)** Copies of any public document, record, or paper belonging to or in the files of the Department, when authenticated by the seal and certified by the Secretary (or by an officer or employee of the Department to whom authority has been delegated in writing by the Secretary), shall be evidence equal with the original thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 302
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Federal law — U.S. Code and appendices · legal_authorities
Page 137
TITLE 38—VETERANS’ BENEFITS
§ 1104
upon a rating total and permanent in nature, and sub-
mit a report together with such comments and rec-
ommendations as Administrator deemed appropriate to
Speaker of the House and President of the Senate not
more than thirty days after Jan. 14, 1975.
§ 1102. Special provisions relating to surviving
spouses
(a) No compensation shall be paid to the sur-
viving spouse of a veteran under this chapter un-
less such surviving spouse was married to such
veteran—
(1) before the expiration of fifteen years
after the termination of the period of service
in which the injury or disease causing the
death of the veteran was incurred or aggra-
vated; or
(2) for one year or more; or
(3) for any period of time if a child was born
of the marriage, or was born to them before
the marriage.
(b) Subsection (a) shall not be applicable to
any surviving spouse who, with respect to date
of marriage, could have qualified as a surviving
spouse for death compensation under any law
administered by the Secretary in effect on De-
cember 31, 1957.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, § 302;
Pub. L. 86–491, June 8, 1960, 74 Stat. 161; Pub. L.
90–77, title I, § 101(a), Aug. 31, 1967, 81 Stat. 178;
Pub. L. 94–433, title IV, § 404(2)–(4), Sept. 30, 1976,
90 Stat. 1378; renumbered § 1102 and amended
Pub. L. 102–83, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105
Stat. 403, 406.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–83, § 5(a), renumbered section 302 of
this title as this section.
Subsec. (b). Pub. L. 102–83, § 4(a)(1), substituted ‘‘ad-
ministered by the Secretary’’ for ‘‘administered by the
Veterans’ Administration’’.
1976—Pub. L. 94–433, § 404(4), substituted ‘‘surviving
spouses’’ for ‘‘widows’’ in section catchline.
Subsec.
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1102
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