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38 U.S.C. § 1121 — Basic entitlement

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

38 U.S.C. § 1121 — Basic entitlement

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, or air service, in line of duty, during a period of war, shall be entitled to receive compensation at the monthly rates specified in [section 1122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1122&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_f3cfcc157b48d148d1afd300
Source file: Laws/federal/codes/united-states-code/title-38/section-1121-basic-entitlement--1349dfc693.md
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Source location: Title 38, Chapter 11, § 1121; 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, or air service, in line of duty, during a period of war, shall be entitled to receive compensation at the monthly rates specified in [section 1122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1122&num=0&edition=prelim).

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

38 U.S.C. § 321 — Office of Survivors Assistance

**(a) Establishment.—** The Secretary shall establish in the Department an Office of Survivors Assistance (in this section referred to as the “Office”) to serve as a resource regarding all benefits and services furnished by the Department— (1) to survivors and dependents of deceased veterans; and (2) to survivors and dependents of deceased members of the Armed Forces. **(b) Advisory Duties.—** The Office shall serve as a primary advisor to the Secretary on all matters related to the policies, programs, legislative issues, and other initiatives affecting the survivors and dependents described in subsection (a). **(c) Guidance From Stakeholders.—** In establishing the Office, the Secretary shall seek guidance from interested stakeholders. **(d) Resources.—** The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Office to carry out its responsibilities. **(e) Inclusion of Information on Office in Annual Report on Department Activities.—** The Secretary shall include in each annual Performance and Accountability report submitted by the Secretary to Congress a description of the activities of the Office during the fiscal year covered by such report.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 321

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

38 U.S.C. § 1101 — Definitions

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

38 U.S.C. § 1311 — Dependency and indemnity compensation to a surviving spouse

**(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

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

38 U.S.C. § 1122 — Rates of wartime death compensation

**(a)** The monthly rates of death compensation shall be as follows: (1) Surviving spouse but no child, $87; (2) Surviving spouse with one child, $121 (with $29 for each additional child); (3) No surviving spouse but one child, $67; (4) No surviving spouse but two children, $94 (equally divided); (5) No surviving spouse but three children, $122 (equally divided) (with $23 for each additional child, total amount to be equally divided); (6) Dependent parent, $75; (7) Both dependent parents, $40 each. **(b)** The monthly rate of death compensation payable to a surviving spouse or dependent parent under subsection (a) of this section shall be increased by $79 if the payee is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person.

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

38 U.S.C. § 1121 — Basic entitlement

Page 179 TITLE 38—VETERANS’ BENEFITS § 1121 Affairs or the Secretary of Defense to track how veterans or members of the Armed Forces have been exposed to various occupa- tional or environmental hazards; and (B) includes the Individual Longitudinal Exposure Record, or successor system. (3) The term ‘‘toxic exposure risk activity’’ has the meaning given such term in section 1710(e)(4) of this title. (Added Pub. L. 117–168, title III, § 302, Aug. 10, 2022, 136 Stat. 1777.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Sergeant First Class Heath Robinson Honoring our Promise to Address Com- prehensive Toxics Act of 2022, referred to in subsec. (b)(3), is the date of enactment of Pub. L. 117–168, which was approved Aug. 10, 2022. § 1120. Presumption of service connection for certain diseases associated with exposure to burn pits and other toxins (a) PRESUMPTION OF SERVICE CONNECTION.—For the purposes of section 1110 of this title, and subject to section 1113 of this title, a disease specified in subsection (b) becoming manifest in a covered veteran shall be considered to have been incurred in or aggravated during active military, naval, air, or space service, notwith- standing that there is no record of evidence of such disease during the period of such service. (b) DISEASES SPECIFIED.—The diseases speci- fied in this subsection are the following: (1) Asthma that was diagnosed after service of the covered veteran as specified in sub- section (c). (2) The following types of cancer: (A) Head cancer of any type. (B) Neck cancer of any type. (C) Respiratory cancer of any type. (D) Gastrointestinal cancer of any type. (E) Reproductive cancer of any type. (F) Lymphoma cancer of any type. (G) Kidney cancer. (H) Brain cancer.

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1121

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